Skip to code content (skip section selection)
A. Inspection of Premises. Whenever complaint is made to the Village Manager that a public nuisance exists, or has existed, with the Village, the Village Manager or the Village Manager's representative shall promptly notify the Chief of Police, or some other Village official, who shall promptly inspect or cause to be inspected the premises and shall make a written report of the findings to the Manager. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk.
B. Summary Abatement.
1. Notice to Owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village Manager may direct the Chief of Police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within twenty-four (24) hours or such time as is reasonable, and shall state that unless such nuisance is so abated, the Village will cause the same to be abated and will charge the cost of abatement to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
2. Abatement by Village. If the nuisance exists on the public right-of-way or on public property, or if the nuisance is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the Director of Public Works, or some other Village official whom the Manager shall designate, shall cause the abatement or removal of such public nuisance.
3. Abatement of Nuisance Trees and Woods. To the extent Chapter 8.20 of this code establishes procedures for the abatement of nuisances arising from the condition of elm trees, elm woods, ash trees, ash woods, or other plants, as provided in that chapter, the provisions of Chapter 8.20 shall supersede the procedures established by this subsection.
(MC-6-2007, Added ¶3, 05/01/07)
C. Abatement by Court Action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he or she shall file a written report of his or her findings with the Manager, who shall cause an action to abate such nuisance to be commenced in the name of the Village.
(Prior code § 12.03)