Chapter 25 – Nuisances

CHAPTER 25

NUISANCES

(NOTE: ALL NUISANCES MAY BE REMEDIED BOTH AS SPECIFIED HEREIN THIS CHAPTER AND ALSO BY ANY MEANS PROVIDED FOR BY DIVISION IV OF ARTICLE I OF CHAPTER 1)

ARTICLE I – GENERALLY

25-1-1 SPECIFIC NUISANCES ENUMERATED. It is hereby declared to be a nuisance and to be against the health, peace and comfort of the Village, for any person, firm or corporation within the limits of the Village to permit the following; but the enumeration of the following nuisances shall not be deemed to be exclusive:

(A) Filth. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others.

(B) Deposit of Offensive Materials. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake, pond, spring, well or common sewer, street or public highway.

(C) Corruption of Water. To corrupt or render unwholesome, or impure, the water of any spring, river, stream, pond or lake, well, public or private, to the injury or prejudice of others.

(D) Highway Encroachment. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.

(E) Manufacturing Gunpowder. To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials therefore, in any building within three hundred (300) feet of any valuable building erected at the time such business may be commenced.

(F) Powder Magazines. To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within eight hundred (800) feet of any occupied dwelling house.

(G) Noxious Odors. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.

(H) Unlawful Advertising. To advertise wares or occupations by painting notices of the same on, or affixing them to fences or other private property, or on rocks or other natural objects without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.

(I) Wells Unplugged. To permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, to remain unplugged after such well is no longer used for the purpose for which it was drilled.

(J) Burn-Out Pits. To construct or operate any salt water pit or oil field refuse pit, commonly called a “burn-out pit” so that salt water, brine or oil field refuse or other waste liquids may escape therefrom in any manner except by the evaporation of such salt water or brine or by the burning of such oil field waste or refuse.

(K) Discarded Materials. To permit concrete bases, discarded machinery and materials to remain around any oil or gas well or to fail to fill any holes, cellars, slush pits and other excavations made in connection with any such well or to restore the surface of the lands surrounding any such well to its condition before the drilling of any such well, upon abandonment of any such oil or gas well.

(L) Underground Wells. To permit any salt water, oil, gas or other wastes from any well drilled for oil, gas or exploratory purposes to escape to the surface, or into a mine or coal seam, or into any underground fresh water supply or from one underground stratum to another.

(M) Harassment. To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property, or is about to buy or lease, or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person’s attempt to sell, buy or lease a residence, or other real property, or refers to a person’s sale, purchase or lease of a residence or other real property.

(N) Business. To establish, maintain, and carry on any offensive or unwholesome business or establishment within the limits of the Village or within one and one-half (1 ½) miles of the Village limits.

(O) Filthy Premise Conditions. To keep or suffer to be kept any chicken coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink upon any premises belonging to or occupied by any person, or any railroad car, building, yard, grounds, and premises belonging to or occupied by any person.

(P) Expectorate. To expectorate on any public sidewalk or street, or other public building or floor or walk of any public vehicle or hall.

(Q) Litter on Streets. It shall be unlawful for any person to deposit or allow trash, paper, cardboard, wire, dirt, rock, stone, glass, brick, lumber, wood or litter of material objects of any size or description to fall upon the streets of the Village from any moving vehicle, or to be thrown from a moving vehicle, or to throw from a moving vehicle and to remain thereon.

(R) Accumulation of Junk And Trash. To deposit or pile up any rags, old rope, paper, iron, brass, copper, tin, aluminum, ashes, garbage, refuse, plastic, brush, litter, weeds, slush, lead, glass bottles or broken glass upon any lot, piece or parcel of land or upon any public or private alley, street or public way within the Village.

(S) Rodents. To cause or permit any condition or situation to exist that shall attract, harbor, or encourage the infestation of rodents.

(T) Bringing Nuisances into the Village. To bring into the Village or keep therein for sale or otherwise, either for food or for any other purpose, any dead or live animal or any matter, substance, or thing which shall be a nuisance or which shall occasion a nuisance in the Village, or which may or shall be dangerous or detrimental to health.

(U) Offensive Liquids. To keep nauseous, foul or putrid liquid or substance or any liquid or substance likely to become nauseous, foul, offensive, or putrid, nor permit any such liquid to be discharged, placed, thrown, or to flow from or out of any premise into or upon any adjacent premises or any public street or alley, nor permit the same to be done by any person connected with the premises.

(V) Dense or Offensive Smoke or Odors. To cause or permit the emission of dense smoke or noxious odors from any fire, chimney, engine, oil burner or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof.

(W) Scrap Tires, Both Mounted and Dismounted. To keep any scrap tires, either mounted or dismounted, in open view, or so as to allow such tires to accumulate stagnant water so as to provide a breeding ground for mosquitoes and other pests.

(X) Motor Transport Engines. To operate motor vehicle transport engines in the nighttime between the hours of eight (8:00) o’clock P.M. and six (6:00) o’clock A.M., in any place in which a majority of the buildings, within a radius of four hundred (400) feet are used exclusively for residence purposes, excluding state and federal highways.

(Y) Accumulation of Debris. To store, dump or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds or other animal pests that are offensive, injurious or dangerous to the health of individuals or the public.

(Z) Generally. To commit any act which is a nuisance according to the common law of the land or made such by statute of the State. (See 720 ILCS Secs. 5/47-5)

(AA) Abandoned buildings; dangerous and unsafe buildings.

(1) A building or structure determined by the Mayor or his designee to be abandoned shall be presumed to be and deemed a public nuisance which adversely affects surrounding property values and which is also detrimental to the public safety and welfare for reasons such as, but not limited to, being an attractive nuisance for varmints and vandalism and presenting an increased risk of fire. A building or structure shall be considered abandoned if it there has been no municipal water service supplied it within the last two years or if the property has been tax delinquent for 2 or more years, and the building or structure has either not been physically occupied by persons legally in possession or not been used in the manner for which the building was intended and designed, for at least 90 days prior to said determination. Any such building or structure is hereby presumed to be and declared a nuisance.

(2) A building or structure determined by the Mayor or his designee to be a dangerous and unsafe building as defined in Section 25-5-4 of this Municipal Code shall be presumed to be and is hereby declared a public nuisance which adversely affects surrounding property values and which is also detrimental to the public safety and welfare for reasons such as, but not limited to, being an attractive nuisance for varmints and vandalism and presenting an increased risk of fire.

(BB) Adult uses businesses.

(1) It is prohibited within the Village of Clay City, Illinois to locate, construct, or operate an adult uses business, and to so locate, construct or operate any said business is hereby declared a public nuisance. The term “adult uses business” shall include but is not limited to the following:

a. Adult arcades

b. Adult bookstores, adult novelty stores, or adult video stores

c. Adult cabarets or stripclubs

d. Adult motels

e. Adult motion picture theaters

f. Adult theaters

g. Escort agencies

h. Nude model studios

i. Sexual encounter centers

j. Tattoo or body piercing parlors (except for ear-piercing)

(2) Any business, fraternal organization, club, association, or any other entity, or any person or persons, whose principal business or activities are other than the businesses noted in items a. through j. above but which entity or person also from time to time conducts activities similar in nature to those activities noted in items a. through j. above shall be deemed an adult uses business whenever such activity occurs, thereby subjecting that entity or person to the prohibitions and penalties herein. By way of example, a bar or social club which occasionally hosts a special night of striptease entertainment would be considered an adult uses business whenever such activity occurred, thereby subjecting that bar or social club to the prohibitions and penalties herein.

(3) It is the intent of this subparagraph (BB) that it apply retroactively and that no entity or person will be “grandfathered” to be exempt from this subparagraph (BB).

(Ord. #666, 12/09/2010; amended by Ord. #696, 1/12/2012)

Nothing in this Section shall be construed to prevent the corporate authorities of this Village from declaring what shall be nuisances and abating them within the Village limits.

25-1-2 NUISANCES DETRIMENTAL TO HEALTH GENERALLY. No building, vehicle, structure, receptacle, yard, lot, premise, or part thereof shall be made, used, kept, maintained or operated in the Village if such use, keeping or maintaining shall be dangerous or detrimental to health.

25-1-3 NOTICE TO ABATE. Whenever the Mayor or his designee finds that a nuisance exists under this Article, he shall direct the Village Clerk or the Village Attorney to handdeliver or mail by regular U.S. Mail to the party responsible for the nuisance and also to the legal owner of the property on which the nuisance exists a written notice ordering that the nuisance be abated within a reasonable time. The notice to abate shall contain the following:

(A) A description of what constitutes the nuisance.

(B) The location of the nuisance.

(C) A statement of what condition or state of affairs must be achieved in order for the nuisance to be deemed abated. Demolition of an abandoned or dangerous and unsafe building may be specifically ordered under this Article.

(D) The date by which abatement must be completed.

(E) The date by which a request for a hearing to appeal the notice of abatement with the Mayor or his designated representative must be filed and a statement of the procedure for so filing. Said appeal must be filed within 5 business days after the date that the Notice is delivered. Notice mailed by regular U.S. Mail shall be deemed delivered 4 business days after the Notice is placed in the mail.

(F) A statement that a party has the right to appeal the Mayor’s decision resulting from said hearing by requesting a further appeal to the Board of Trustees. Any such appeal to the Mayor or any further appeal to the Board of Trustees shall stay enforcement proceedings against the party during the pendency of the appeals, except that emergency relief shall be available to the Village if an emergency requires immediate action.

(G) A statement indicating that if the nuisance is not abated by the date prescribed and/or if no request for a hearing with the Mayor is made within the time prescribed, the Village may abate the nuisance and assess the costs, including attorney fees, against the party responsible and the legal owner and against the property, and/or impose a fine.

25-1-4 HEARING. Any person ordered to abate a nuisance may have a hearing with the Mayor or his designated representative who ordered the abatement. A request for a hearing must be made in writing and delivered to the Village Clerk within the time stated in the notice; otherwise, it will be presumed that a nuisance exists, and that such nuisance must be abated as ordered. The hearing shall be held in a reasonable amount of time, with adequate notice to the petitioner. The hearing shall not be a formal trial-type proceeding, but appropriate procedural safeguards shall be observed to ensure fairness. After the conclusion of the hearing, the Mayor or his designated representative shall render his decision and the reasons therefor in writing within a reasonable amount of time. If he finds that a nuisance exists, he shall order it abated within an additional time which must be reasonable under the circumstances.

25-1-5 APPEAL. Any party aggrieved by the decision of the Mayor may appeal to the Board of Trustees. Such appeal shall be taken by filing with the Village Clerk within five (5) days of such decision a written statement indicating the basis for the appeal. The appeal shall be heard by the Board of Trustees at the next regular or special meeting after such filing. Their findings shall be conclusive, and if a nuisance is found to exist, it shall be ordered abated within a time reasonable under the circumstances.

25-1-6 ABATEMENT BY VILLAGE. If the person ordered to abate a nuisance fails to do so, or if the nuisance poses an emergency, the Village may perform the required action to abate. Any Village official who is authorized to abate any nuisance as defined in this Article shall have authority to engage the necessary assistance, including legal assistance, and to incur the necessary expenses therefor. The official who abates a nuisance shall keep an accurate account of the expenses incurred. The itemized expense shall be filed with the Village Clerk who shall pay such expenses on behalf of this Village. (See 65 ILCS Sec. 6/11-60-2)

25-1-7 LIEN. Charges for any expense, loss or damage incurred by the Village by reason of any violation hereof this Article or by reason of the Village’s abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article or to seek enforcement of the provisions of this Article or abatement of such nuisance, shall be a lien upon the premises. A bill representing the costs, fees and expenses incurred by the Village shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the costs, fees and expenses thereof incurred by the Village shall be recorded in the following manner:

(A) A description of the real estate sufficient for identification thereof.

(B) The amount of money representing the costs, fees and expense incurred by the Village in prosecuting and/or abating the nuisance.

(C) The date or dates when said costs, fees and expense were incurred by the Village, and

(D) The Notice of Lien shall be filed within one hundred and eighty (180) days after the costs, fees and expenses are incurred.

25-1-8 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the costs, fees and expenses after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.

25-1-9 FORECLOSURE OF LIEN. Property subject to a lien as aforesaid may be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the costs, fees and expenses for which the lien was made, after deducting the costs of foreclosure, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village and may be filed after the lien is in effect for sixty (60) days.

25-1-10 LIABILITY FOR CHARGES. Any persons or entities violating any of the provisions of this Article shall be jointly and severally liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article or to seek enforcement of the provisions of this Article or abatement of such nuisance. The Village may initiate legal collection proceedings against any or all of those persons deemed liable regardless of whether the Village has placed a lien against the property or has foreclosed upon the lien. In the event that a lien is placed upon the property and the same is sold by way of foreclosure as aforesaid, but there still remains a deficiency balance owed after said foreclosure sale, all persons so convicted for the violation in question shall remain jointly and severally liable for that deficiency balance owed.

25-1-11 OTHER REMEDIES AND PENALTIES. See Section 1-1-20.

(See 65 ILCS Sec. 5/11-60-2 and 720 ILCS 5/47-5; 5/47-10 and 5/47-15)

(Ord. No. 661, 10-14-10)

 

OPTIONAL

25-1-12 RECOMMENDED NUISANCE ABATEMENT PROCEDURES.

(A) The following informal procedures of this Paragraph (A) may be but are not required to be followed in actions taken by Village officials in informally attempting to abate nuisances. The following procedures are not mandatory (unless required elsewhere in this Code), and any step may be skipped or modified as the circumstances dictate.

(1) Written complaint. Any remedial action regarding a nuisance situation shall be commenced by the completion of a “Nuisance Complaint Form” (see attached copy) signed by the complainant, whether that is a member of the general public or a village official.

(2) The Village President after consultation with the Village Clerk will verify that the conditions complained of in the Nuisance Complaint Form are an actual violation of a specific section of the Village codebook. The Village President shall then determine the actions needed and the time period allowed to correct those conditions.

(3) The Village President shall make verbal contact with the violator and send a letter as followup if warranted. At the direction of the Village President, the Village Clerk will send a letter to the violator stating the conditions complained of, that the same are in violation of Village law, and the actions needed and time period allowed to correct these conditions. The letter will indicate that failure to begin addressing the conditions complained of within five (5) working days (even though the time period granted for completing the corrections may be longer than 5 working days) may cause the Village to take further action. The letter will also provide a copy of the Codebook section which is being violated and a notice that the violator may make an informal appeal to the Village President to dispute the decision that the conditions are a public nuisance.

(4) If the violator fails to request an informal appeal or to commence corrective action within the 5 working days, the Village President shall send a certified letter to the violator which is similar to the letter sent by the Village Clerk.

(5) If there is no response, the Village Attorney or State’s Attorney shall send a letter to the violator which is similar to the Village Clerk’s letter but which also indicates that legal process will commence if satisfactory corrective actions are not commenced within 5 working days.

(6) If there is no response, the Village will contact the Sheriff’s office and request that a Deputy make a visit to the violator to give a verbal warning. The Deputy shall grant 5 working days for the violator to commence and complete corrective action.

(7) If there is still no response, the Village will contact the Sheriff’s office and request that a Deputy issue a written warning, indicating that if the Deputy has to come out again, a Notice of Violation will be issued.

(Ord. No. 2010-649 03/08/10)

(8) If there is still no response, the Village will contact the Sheriff’s office and request that the Deputy issue a civil Notice of Violation to the violator, assessing a $120.00 fine to the violator, which is to be paid straight to the Noble Village Hall. If the violator pays and corrects the violation, this would then conclude the matter. If the violator does not pay and wants a “second opinion”, i.e. an appeal, about the Notice of Violation before paying the assessment , the violator must appeal in writing within 5 working days to the Village President and Village board. (Ord. No. 2011-655; 01/24/11)

(B) If any of the above informal procedures were utilized but the nuisance condition still has not been abated by the violator, or if the above informal procedures were not used due to the circumstances of the particular nuisance condition in question, the Village Clerk will check the Village codebook to determine if there are any special notifications required to be given to the violator for the violation being considered. If so, the violator will need to receive the notice required in the codebook. Additionally, the notification must comport to the requirements of Sec. 25-1-3. Also the Village must give notice of and provide the violator with any type of appeal process as may be provided in the codebook, in addition to the appeals procedures of Secs. 25-1-4 and 25-1-5. After all normal and any special notification or appeal procedures have been completed, the Village will contact the Sheriff’s office and request that a Deputy investigate, obtain witness statements, make a report, and issue an actual Municipal Ordinance Violation Citation to the violator. Once the Citation has been issued, the Village at this time will request that the State’s Attorney begin prosecution of the case.

(See 65 ILCS Act 5 Sec. 5/11-60-2)

ARTICLE II – WEEDS

25-2-1 DEFINITION. “Weeds” as used in this Code shall include, but not be limited to the following:

Burdock, Rag Weed (giant), Rag Weed (Common), Thistle, Cocklebur, Jimson, Blue Vervain, Common Milk Weed, Wild Carrot, Poison Ivy, Wild Mustard, Rough Pigweed, Lambsquarter, Wild Lettuce, Curled Dock, Smartweeds (all varieties), Poison Hemlock, Wild Hemp, Johnson Grass, grass and all other noxious weeds as defined by the statutes of the State of Illinois.

25-2-2 HEIGHT. It shall be unlawful for anyone to permit any weeds, grass, or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight (8) inches anywhere in the Village. Any such plants, weeds, or grass exceeding such height are hereby declared to be a nuisance.

25-2-3 NOTICE. The Police Department or any other person so designated by the Mayor may issue a written notice for removal of weeds or grass. Such weeds or grass shall be cut by the owner or occupant within five (5) days after such notice has been duly served.

25-2-4 SERVICE OF NOTICE. Service of the notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided, that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.

25-2-5 ABATEMENT; COST. If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant. The charge for the first instance of abatement by mowing said overgrown grass and weeds shall be Fifty Dollars ($50.00) per hour for each hour spent mowing said grass and weeds plus a Fifty Dollar ($50.00) administrative fee. The charge for each instance of abatement thereafter shall be Seventy-Five Dollars ($75.00) per hour for each hour of mowing plus a One Hundred Dollar ($100.00) administrative fee. (Ord. No. 534; 07-10-03)

25-2-6 LIEN. Charges for such weed or grass removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

(A) A description of the real estate sufficient for identification thereof.

(B) The amount of money representing the cost and expense incurred or payable for the service.

(C) The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

25-2-7 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. All lien and release filing fees shall be paid by the owner of the property.

25-2-8 FORECLOSURE OF LIEN. Property subject to a lien for unpaid weed cutting charges shall be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village after the lien is in effect for sixty (60) days.

(Ord. No. 498; 12-14-00 and 518; 06-13-02)

(See 65 ILCS Secs. 5/11-20-6 and 5/11-20-7)

ARTICLE III – GARBAGE AND DEBRIS

25-3-1 ACCUMULATION PROHIBITED. No person shall permit any garbage or trash to accumulate on their premises or private property. It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.

25-3-2 NOTICE TO PERSON. The Chief of Police or a designated representative may issue a written notice for removal of garbage or debris. Such garbage or debris shall be removed by the owner or occupant within five (5) days after such notice has been duly served.

25-3-3 SERVICE OF NOTICE. Service of notice provided for herein may be effected by handing of the same to the owner, occupant, or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.

25-3-4 ABATEMENT. If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant.

25-3-5 LIEN. Charges for such removal shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

(A) A description of the real estate sufficient for identification thereof.

(B) The amount of money representing the cost and expense incurred or payable for the service.

(C) The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

25-3-6 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.

25-3-7 FORECLOSURE OF LIEN. Property subject to a lien for unpaid charges shall be sold non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the Village, after lien is in effect for sixty (60) days. Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.

(498; 12-14-00 in part)

(See 65 ILCS Sec. 5/11-20-13 and 720 ILCS Sec. 5/47-10)

(also see 27-2-32)ARTICLE IV – INOPERABLE MOTOR VEHICLE

25-4-1 DEFINITIONS. For the purpose of this Code, the following term(s) shall have the meanings ascribed to them as follows:

INOPERABLE MOTOR VEHICLE” shall mean any motor vehicle which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power, or which does not display a proper vehicle license with a current plate sticker. “Inoperable motor vehicle” shall not include a motor vehicle which has been rendered temporarily incapable, for no more than 60 days, of being driven under its own motor power in order to perform ordinary service or repair operations, or to vehicles considered to be inventory stock of licensed car dealers, or to vehicles being held for no longer than 60 days by car repairmen or repair businesses pursuant to a valid mechanics lien.

25-4-2 DECLARATION OF NUISANCE. All inoperable motor vehicles, whether on public or private property in view of the general public, are hereby declared to be a nuisance.

25-4-3 NOTICE TO OWNER OR PERSON IN CONTROL OF VEHICLE. The Mayor or a designated representative shall notify the owner of the motor vehicle or the person in control of said vehicle, informing said person or owner that he shall dispose of any inoperable vehicles under his control. If said person or owner fails to dispose of said inoperable vehicle(s) after seven (7) days from the issuance of the notice, the Mayor or a designated representative may authorize a law enforcement agency or a licensed towing service to remove and take possession of the inoperable vehicle or parts thereof and dispose of the same in a manner similar and comporting to the dispositional methods contained in Sections 24-6-1 et seq of this Municipal Code or in any other manner allowed by law. Additionally, said person or owner shall be subject to a fine pursuant to Sections 1-1-20 et seq of this Municipal Code.

25-4-4 EXCLUSIONS. Nothing in this Article shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over twenty-five (25) years of age, or to a motor vehicle on the premises of a licensed business engaged in the wrecking or junking of motor vehicles.

(Ord. No. 433, 10-13-94 in part; Ord. No. 585, 09-19-06 in part)

(See 65 ILCS Sec. 5/11-40-3)

ARTICLE V – BUILDING AS NUISANCE

25-5-1 BUILDING CONDITION – NUISANCE. The Building Inspector or his designated representative shall report to the Village Board when any building or structure in the Village is in a dangerous condition and constitutes a nuisance. Hereinafter, all references to Building Inspector shall include “his designated representative”.

25-5-2 TIME LIMIT. The owner of such building shall repair or alter it so as to make it safe within fifteen (15) days from the time the notice is served upon him in the manner provided by law.

25-5-3 NOTIFICATION. The Building Inspector, with the approval of the Village Board, shall place a notice on all “dangerous and unsafe buildings”, which notice shall read as follows:

“This building has been found to be a dangerous and unsafe building by the Village officials. This notice shall remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, or person or persons in whose name or names such building was last assessed, and all other persons having an interest in said building as shown by the land records of the County Recorder of Deeds. It is unlawful to remove this notice until such notice is complied with.”

25-5-4 DANGEROUS AND UNSAFE BUILDING DEFINED. All buildings or structures which have any or all of the following defects shall be deemed “dangerous and unsafe buildings”.

(A) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.

(B) Those which, exclusive of the foundation, show thirty-one percent (31%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.

(C) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.

(D) Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Village.

(E) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those living therein.

(F) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.

(G) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.

(H) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

(I) Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Village.

(J) Those buildings existing in violation of any provision of the Building Code of this Village, or any provision of the Fire Prevention Code, or any other ordinances of the Village.

(K) Those vacant buildings with unguarded openings shall be deemed to constitute a fire hazard and to be unsafe within the provisions of this Code.

(L) Those buildings which are uncompleted or abandoned.

25-5-5 STANDARDS FOR REPAIR, VACATION OR DEMOLITION. The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation, or demolition:

(A) If the “dangerous and unsafe building” is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.

(B) If the “dangerous and unsafe building” can reasonably be repaired so that it will no longer exist in violation of the terms of this Code, it shall be ordered repaired.

(C) In any case where a “dangerous and unsafe building” if fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Code, it shall be demolished. In all cases where a “dangerous and unsafe building” is a fire hazard existing or erected in violation of the terms of this Code, or any ordinance of the Village, or statute of the State of Illinois, it shall be demolished.

25-5-6 DANGEROUS AND UNSAFE BUILDINGS – NUISANCES. All dangerous and unsafe buildings within the terms of this Article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore or hereinafter provided.

25-5-7 INSPECTIONS. A person or agency charged with enforcement of this Article shall have the right to enter any property at any reasonable time to inspect any facility, premises or condition thereon for the purpose of determining whether this Article is being complied with or any provision thereof being violated. Refusal by the owner of right of entry shall cause the person or agency to seek permission of a court of competent jurisdiction for right of entry. In the event that the person or agency has reasonable cause to believe that there exists in any building or upon any premises any condition which makes the building or premises unsafe, the person or agency may enter such building or premises at any time reasonable under the circumstances to inspect the same or to perform any duty imposed upon the person or agency; provided that if such building or premises be occupied, the person or agency shall first present proper credentials and demand entry. If such building or premises be unoccupied, said person or agency shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, it shall cause the person or agency to seek permission of a court of competent jurisdiction for right of entry. In the event that any condition of an unoccupied building or premises presents a clear and immediate danger to the health and safety of citizens of the Village such that immediate inspection is required in order for the Village or other authorities to take immediate, emergency action to safeguard its citizens, inspection may be made immediately without permission from the owner or person in charge or control of said unoccupied building or premises, provided that reasonable efforts are made to give such notification as soon thereafter as possible. (Ord. No. 528; 02-13-03)

25-5-8 DUTIES OF THE ATTORNEY. The Village Attorney shall apply to the Circuit Court for an order authorizing the demolition, repair, or vacation of dangerous and unsafe buildings or uncompleted or abandoned buildings when notices have not been complied with and when requested to do so by the Building Inspector.

25-5-9 LIENS. The cost of repair, demolition, vacation, or enclosure shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be superior to all prior existing liens and encumbrances; provided that within one hundred and eight (180) days after said cost and expense is incurred, the Village or person performing the service by authority of the Village, in his or its own names, shall file notices of lien in the office of the County Recorder of Deeds. The notice shall consist of a sworn statement setting out:

(A) A description of the real estate sufficient for identification therefor;

(B) The amount of money representing the cost and expense incurred or payable for the service; and

(C) The date or dates when said cost and expense was incurred by the Village.

Upon payment of said cost and expense by the owner of or persons interested in said property after notice of lien has been filed, the lien shall be released by the Village or person in whose name(s) the lien has been filed and said release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics of lien. Suit to foreclose this lien shall be commenced within three (3) years after the date of filing notice of lien.

25-5-10 PENALTY. Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given per Section 25-5-2 above shall be guilty of a Class C Misdemeanor and upon conviction shall be subject to a fine only of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty Dollars ($750.00). Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature. (See Section 1-1-20 also). This penalty may be in addition to, rather than in lieu of, any other remedies or penalties that this Municipal Code or any Illinois statute might provide for, at the discretion of Village authorities. (Ord. No. 671, 2/10/2011)

25-5-11 REMEDIES. The Village may utilize any remedy afforded to it by any other provision of its Municipal Code or by any relevant statute in order to prevent and/or abate such nuisance. Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the nuisance or to allow the Village to prevent and/or abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article or this Code or by statute.

25-5-12 LIABILITY FOR EXPENSES. Any persons or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees that might be expended by the Village to prosecute violations of this Article or to seek enforcement or abatement of such nuisance.

(See 65 ILCS Sec. 5/11-31-1; Ord. #550, 10/14/04)

ARTICLE VI – ILLEGAL DISCHARGES INTO SANITARY SEWER

25-6-1 ILLEGAL DISCHARGES CONSTITUTES NUISANCE. Any person or entity upon whose real or personal property (hereinafter “property”) originates the discharge of or whose property facilitates the transfer of storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters which ultimately flow and drain into the Village sanitary sewer system shall immediately cease and desist from discharging or facilitating the transfer of said waters into the Village sanitary sewer system, regardless of whether said waters enter the Village sanitary sewer system upon that person’s or entity’s property or upon the property of another. The initiation of such discharge or facilitation shall also be disallowed and forbidden. All persons or entities whose property is within the Village limits or is connected to the Village sanitary sewer system shall maintain their property in such a manner as to comply with this Article and shall be responsible for all costs and expenses that a person or entity might incur in bringing his, her or its property into compliance with this Article. This provision applies to all persons or entities whose property is within the Village limits or is connected to the Village sanitary sewer system, regardless of whether a person or entity may have received a special use permit, exemption, or permission, by ordinance or otherwise, from the Village Board or Village personnel in the past. Any exemption, special use permit, or permission granted in the past by the Village which purports to allow any action or status which would be a violation of this Article is hereby rescinded and declared null and void. It is the intent of this Article that it apply retroactively and that no property will be “grandfathered” to be exempt from this Article.

25-6-2 DECLARATION OF NUISANCE. The discharge of storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters into the Village sanitary sewer system and the facilitation of same, is hereby declared to be a nuisance and a violation of this Article.

25-6-3 COMBINED SEWER DISCHARGES. A combined sewer in which both sewage and other waters as noted herein are combined and transported is specifically deemed a nuisance and a violation of this Article.

25-6-4 WRITTEN NOTICE TO DESIST. Any person or entities found to be violating any provision of this Article shall be served by the Village with written notice stating the nature of the violation and the actions needed to correct the violation and providing a time limit for the satisfactory correction thereof. The offender shall, within the time limit stated in said notice, permanently cease all violations and/or bring his property into compliance with this Article, as the case may be per said notice.

25-6-5 PENALTY. Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given per Section 25-6-4 above shall be guilty of a Class C Misdemeanor and upon conviction shall be subject to a fine of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty Dollars ($750.00). Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature. (See Section 1-1-20 also) (Ord. No. 670, 1/13/2011)

25-6-6 HEARINGS FOR OFFENDERS. Any persons or entities which neglect or willfully refuse to take corrective action as indicated by the notice of the Village without just cause may be subject to having their access to the Village sanitary sewer system physically disconnected. Notice and opportunity for hearing shall be afforded to the offender before commencement of the disconnect.

25-6-7 SUIT IN EQUITY. The Village may bring a suit in equity to require the offender to abate the nuisance or to allow the Village to abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article.

25-6-8 LIABILITY FOR EXPENSES. Any persons or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees that might be expended by the Village to prosecute violations of this Article or to seek enforcement or abatement in equity.

(Ord. No. 527; 02-13-03)

(See Secs. 38-5-4, 38-5-5, 38-5-49 and 38-5-50 also)

VILLAGE OF LOUISVILLE

NUISANCE VIOLATION NOTICE

TO:

 

 

You are hereby notified that the Mayor or his representatives has determined that the property owned by you (and/or occupied by you, as the case may be) located at ________________________________________________________ located within the Municipality contains an unlawful nuisance(s) as defined by Section 25-1-1 of the Revised Code of Ordinances as follows:

 

 

 

You are required pursuant to Section 25-1-3 to abate and remove any nuisance(s) within five (5) days from the date of this notice as follows:

 

 

 

If you wish to appeal this notice, then the appeal shall be made to the Village Hall by: _________________________________.

If the nuisance is not abated by the date prescribed and/or if no request for hearing is made within the time prescribed, the Mayor or his representative will abate the nuisance and assess the costs against the property and/or impose a fine as provided by the Revised Code of Ordinances, Chapter 25; Article I and Chapter 1.

Dated this ______ day of ________________, ____. ______________________________

MAYOR

VILLAGE OF LOUISVILLE

NOTE: The penalty for failure to abate said nuisance(s) may be as high as $750.00 per violation plus the cost of the clean-up.

VILLAGE OF LOUISVILLE

N O T I C E

UNLAWFUL WEED GROWTH

TO:

 

 

You are hereby notified that ______________________________________________ has determined that property owned by you (and/or occupied by you, as the case may be) at ______________________________________________, located within the Village Limits contains unlawful weed growth as defined by Chapter 25 of the Revised Code of Ordinances.

You are required to remove all growth within five (5) days from the date of this Notice.

If you refuse or neglect to remove such growth, the authorities of this Municipality may provide for the removal thereof. The cost of such growth removal shall be paid by you.

 

VILLAGE CLERK

VILLAGE OF LOUISVILLE

Dated this _________ day of _________________________, ____.

VILLAGE OF LOUISVILLE

N O T I C E

UNLAWFUL GARBAGE AND/OR DEBRIS

TO:

 

 

You are hereby notified that the

 

has determined that property owned by you (and/or occupied by you, as the case may be) located at ______________________________________________, located within the Village Limits contains garbage and/or debris as defined by Chapter 25, Article III, of the Revised Code of Ordinances.

You are required to remove all such material within five (5) days from the date of this Notice.

If you refuse or neglect to remove such garbage and/or debris, the corporate authorities of this Municipality may provide for the removal thereof. The cost of the garbage and/or debris removal shall be paid by you.

 

VILLAGE CLERK

VILLAGE OF LOUISVILLE

Dated this _________ day of _________________________, _____.

VILLAGE OF LOUISVILLE

N O T I C E

INOPERABLE VEHICLE

TO:

 

 

You are hereby notified that the Mayor has determined that an “inoperable vehicle(s)” owned by you (and/or stored by you, as the case may be) located at ______________________________________________, located within the Corporate Limits of this Municipality contains an inoperable vehicle(s), as defined by Chapter 25, Article IV, of the Revised Code of Ordinances.

You are required to abate and remove any and all inoperable vehicles within seven (7) days from the date of this Notice.

If you wish to appeal said notice, then the appeal shall be made to the Corporate Authorities within five (5) days of this Notice.

If you refuse or neglect to remove and dispose of the specified inoperable vehicle(s), the Health Officer or Mayor of this Municipality may provide for the removal and abatement thereof. The cost of such removal and abatement shall be paid by you.

 

MAYOR

VILLAGE OF LOUISVILLE

Dated this _________ day of _________________________, _____.

VILLAGE OF LOUISVILLE

LETTER OF NOTICE

DANGEROUS AND UNSAFE BUILDING

TO:

 

 

You, as owner(s) of the property lawfully described below, are hereby notified by the undersigned Village of Louisville, Illinois that said property has upon it a building which is:

[ ] Dangerous and/or unsafe

[ ] Uncompleted and/or abandoned

The lawful property shall be described as _______________________________________

_____________________________________________________________________________

_____________________________________________________________________________

(legal description)

located at ____________________________________________________________________

(address)

Unless such building is put into safe condition or demolished within ninety (90) days of the receipt of this notice, the Village shall apply to the Circuit Court for an order authorizing such action to be taken by the Village with respect to the above described building. Any costs incurred by the Village to restore the building to a safe condition or to demolish the building shall be recovered from the owner(s) of the above described property pursuant to Chapter 65, Paragraph 5/11-31-1, Illinois Compiled Statutes.

 

Dated at ________________________________________________, this __________ day of _____________________________, _____.

 

MAYOR

VILLAGE OF LOUISVILLE

(SEAL)

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