CHAPTER 25 NUISANCES 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 City for any person within the limits of the City to permit the following, but the enumeration of the following nuisances shall not be deemed to be exclusive: (A) Filth. To cause or allow 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 watercourse, 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 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 five hundred (500) 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 one thousand (1,000) 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 un0plugged 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 City or within one and one-half (1 ½) miles of the City 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 City from any moving vehicle, or to be thrown from a moving vehicle, or to throw from a moving vehicle and to remain thereon. (R) Accumulations 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 City. (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 City. To bring into the City 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 City, 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) Generally. To commit any offense which is a nuisance according to the common law of the land or made such by statute of the state. (See 740 ILCS Secs. 55/221 – 55/222) (W) Dense or Offensive Smoke. To cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the City so as to cause annoyance or discomfort to the residents thereof. 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 City if such use, keeping, and/or maintenance of same shall be dangerous to health. 25-1-3 NOTICE TO ABATE. Whenever the Police Chief or his designated representative finds that a nuisance exists, he shall direct the City Clerk to mail (certified) to the party responsible for the nuisance and to the party on whose property the nuisance exists a written notice ordering that the nuisance be abated within a reasonable time. The notice to abate shall contain: (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; (D) A statement suggesting how such abatement might be accomplished; (E) The date by which abatement must be completed; (F) The date by which a request for a hearing must be filed and a statement of the procedure for so filing; (G) A statement that the responsible party has a right to appeal the abatement order to the City Council. (H) A statement indicating that if the nuisance is not abated by the date prescribed and/or if no request for hearing is made within the time prescribed, this Municipality will abate the nuisance and assess the costs 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 Police Chief or his designated representative ordering the abatement. A request for a hearing must be made in writing and delivered to the City 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 not be a formal trial- type proceeding, but appropriate procedural safeguards shall be observed to ensure fairness. At the conclusion of the hearing, the Police Chief or his designated representative shall render his decision and the reasons therefor in writing. 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 ABATEMENT BY CITY. If the person ordered to abate a nuisance fails to do so, or if the nuisance poses an emergency, the Police Chief may perform the required action to abate. The Police Chief who is authorized to abate any nuisance as defined in this Chapter shall have authority to engage the necessary assistance and to incur the necessary expenses therefor. The official who abated a nuisance shall keep an accurate account of the expenses incurred. The itemized expense shall be filed with the City Clerk who shall pay such expenses on behalf of this City. (See 65 ILCS Sec. 5/11-60-2) 25-1-6 SUMMARY ABATEMENT. Whenever, in the opinion of an officer of the City possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to person or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, such officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance required continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible. 25-1-7 FAILURE TO COMPLY WITH NOTICE. If the person notified to abate a nuisance shall neglect or refuse to comply with the requirements of such notice by abating such nuisance within the time specified, such person shall be guilty of a violation of this Chapter. The corporate authorities shall not be required to issue another notice where the condition or violation is at first abated, but later resumed and/or repeated. (1973 Code; Sec. 8-3) 25-1-8 LIEN FOR COST OF REMOVAL BY CITY. (A) The reasonable cost of the abatement of any nuisance by the Police Chief, or person designated by him, shall become a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided that within sixty (60) days after such cost and expense is incurred, the City, or person performing the service by authority of the City, in his or its own name files notice of lien in the office of record of deeds of this County. If the City has incurred cost or expense the Police Chief shall notify the City Attorney to file a notice of lien on behalf of the City. The notice shall consist of a sworn statement setting out: (1) A description of the real estate sufficient for identification thereof, (2) The amount of money representing the cost and expense incurred or payable for the service, and (3) The date or dates when such cost and expense was incurred by the City. (B) Upon payment of the cost of expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the City or person in whose name the lien has been filed and the release may be filed of record as in the case of filing the notice of lien. ARTICLE II - WEEDS 25-2-1 DEFINITION. "Weeds" as used in this Code shall include, but not be limited to the following: Burdock, Ragweed (giant), Ragweed (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, and Johnson 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 City. Any such plants or weeds 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 or City Council 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. If the person so served does not abate the nuisance within five (5) days, the City may proceed to abate and such nuisance shall be charged and paid by such owner or occupant. 25-2-6 LIEN. Charges for such weed 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 expense thereof incurred by the City 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 City, 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 City 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 City after the lien is in effect for sixty (60) days. (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 Mayor, Chief of Police, or the Mayor’s 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 City 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 City 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 City 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 City 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 City, 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. (See 65 ILCS Sec. 5/11-20-13 and 720 ILCS Sec. 5/47-10) 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 VEHICLES” shall mean any motor vehicle which, for a period of at least seven (7) days or any greater period fixed by law, the engine, wheels or other parts have been removed; or in 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 has no valid registration. “Inoperable Motor Vehicle” shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. 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. The Police Department shall notify the owner of the motor vehicle, informing him that he shall dispose of any inoperable vehicles under his control. If the owner fails to dispose of said inoperable vehicle(s) after seven (7) days from the issuance of the notice, the Police Department may authorize a towing service to remove and take possession of the inoperable vehicle or parts thereof. ARTICLE V - BUILDING AS NUISANCE 25-5-1 BUILDING CONDITION - NUISANCE. The Police Chief shall report to the City Council when any building, structure or mobile housing unit in the City is in a dangerous condition and constitutes a nuisance. All references to building shall include structure or mobile housing unit. 25-5-2 TIME LIMIT. The owner of such building shall repair or alter it so as to make it safe within ninety (90) days from the time the notice is served upon him in the manner provided by law. 25-5-3 NOTIFICATION. The Police Chief with the approval of the City Council 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 City 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 City. (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 property. (J) Those buildings existing in violation of any provision of the Revised Code of this City, or any other ordinances of the City. (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 Police Chief 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 City, 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 DUTIES OF THE ATTORNEY. The City 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 Police Chief. 25-5-8 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 subordinate to all prior existing liens and encumbrances; provided that within sixty (60) days after said cost and expense is incurred, the City or person performing the service by authority of the City, 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 City. 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 City 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. (See 65 ILCS Sec. 5/11-31-1) [NOTE: The penalty sections in Chapter 1 apply to these laws also.]