Village of Williamsville, IL
Sangamon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Williamsville 10-8-2007 by Ord. No. 2007-12. Amendments noted where applicable.]
GENERAL REFERENCES

Animals as nuisances — See Ch. 115, Art. IV.

Unsafe buildings — See Ch. 127.

Boat nuisances — See Ch. 218, Art. I.

Peddling and soliciting nuisances — See Ch. 222.

Sewer use nuisances — See Ch. 235, § 235-11E and F.

Street obstructions — See Ch. 259, Art. I.

Impoundment of vehicles — See Ch. 285, Art. III.

Nuisance vehicles — See Ch. 290.

§ 205-1
Public nuisance defined. 

§ 205-2
Nuisances enumerated. 

§ 205-3
Exemptions. 

§ 205-4
Filing complaints and inspections. 

§ 205-5
Notice to abate; abatement by Village; appeal. 

§ 205-6
Cost of abatement to become lien. 

§ 205-7
Authority to issue failure-to-comply ticket. 

§ 205-8
Penalties. 

A. 

As used in this chapter, a public nuisance shall mean any act, thing, occupation, condition or use of property which shall continue for such length of time as to:

(1) 

Substantially annoy, injure or endanger the comfort, health repose or safety of the public.

(2) 

In any way render the public nuisance in life or in the use of property.

(3) 

Greatly offend the public morals or decency.

(4) 

Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, lake, or other public way.

B. 

Public nuisances shall include but not be limited to the following acts, conduct, omissions, conditions, or things:

(1) 

Farm and wild animals. It shall be unlawful and constitute a nuisance for any person or group of persons, regardless of number, to keep, use or maintain within the Village of Williamsville Residential Zoning District R-1, R-2, or R-3 or within either B-1 or B-2 any pen, stable, lot, or premises in which any hogs, cattle, horses, domestic or wild animals, birds or fowls may be confined or kept in such a manner as to be nauseous, foul, offensive, noisy, dangerous, hazardous or from any cause to be an annoyance. Whoever shall keep, use or maintain a premises with any of the foregoing animals anywhere in the Village of Williamsville, in any zoning district, except that which may be later specifically designated for such use, shall be deemed guilty of causing a nuisance.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(2) 

Dumping. Any persons, contractors or other entities who accumulate on any property junk, building materials, trash, garbage, landscape waste or noxious or hazardous materials, or other such refuse of a character likely to affect the public health or to produce offensive odors or the carcass of any dead animal, or any person or contractor or other who dumps, throws, casts, or deposits such above materials on another person's property or upon public property or railroad or street or highway right-of-way without prior approval from the persons or from railroad owners or the Village of Williamsville Board of Trustees shall be deemed to be guilty of causing a nuisance.

(3) 

Waste accumulation. It shall be unlawful and shall constitute a nuisance for any person or group of persons, regardless of number, to willfully make, continue, or cause to be made or continued the accumulation on any premises owned or controlled by such owner or tenant containers with garbage or refuse which are not covered by solid, tight-fitting lids or which have any uncovered holes or for which at least weekly removal of garbage is not provided, or any animal feces, manure, yard waste, trash, rubbish, or junk materials in such a manner as to omit noxious, disagreeable or offensive odors, cause a potential health or safety hazard or create an inappropriate and unsightly accumulation or create excessive noise levels to the reasonable annoyance or distress of any person or family within that person's or family's property or upon any public street, alley, or commons area.

(4) 

Waste pollutants. It shall be unlawful and shall constitute a nuisance for any person or group of persons, regardless of number, to willfully make, continue, or cause to be made any foul or putrid material or substance, or any material or substance likely to become nauseating, foul, putrid, or offensive or to be discharged, placed or thrown or to flow or drift from or out of any premises into or upon any adjacent premises or any adjacent public street or alley or commons area. Nothing in this section limits the ability of bona fide businesses in industrial-zoned areas from conducting or otherwise performing normal maintenance activities that may cause unpleasant odors from time to time, provided that the industry or business in the industrial-zoned area follows established and recognized industry standards for the operation and maintenance of the activity.

(5) 

Waste in public streets/sewers, etc. Whoever shall throw, cast, deposit, or allow to be deposited any substance, trash, waste vegetable matter, or junk in any public or private right-of-way, street, alley, natural or man-made waterway, drainage ditch, or storm sewer apparatus, including dumpsters, trash containers, or trash container stands, located on a public way, shall be deemed guilty of committing a nuisance; provided, further, that trash containers may be placed on the public way only on the day the owner has the trash container scheduled for removal by a licensed waste hauler.

(6) 

Overgrown vegetation. Whoever shall keep or allow to exist vegetation which harbors or aids in harboring rats, snakes, or vermin; harbors or hosts disease or insects which may reasonably be expected to injure other forms of life; are prohibited by law or ordinance, including but not limited to noxious weeds; by reason of its location or conditions constitutes an imminent danger to any person or property; covers or hinders the removal of accumulations of junk, garbage, and debris; is unmanaged and in excess of eight inches, provided cultivated flowers, ornamentals, or food plants are presumed to be managed, shall be deemed guilty of committing a nuisance. Vegetation in excess of eight inches shall be presumed to be unmanaged unless predominately composed of cultivated flowers, ornamentals, or food plants, including vegetation which interferes with or obstructs the passage of any street, alley or other public way.

(7) 

Unlawful property nuisance. It is unlawful for any person owning, renting, leasing, occupying, managing or having charge, or possession of any real property in the Village of Williamsville to maintain such premises in such a manner that any of the following conditions are found to exist thereon:

(a) 

A building, structure, or portion thereof, which is in a dilapidated or dangerous condition so as to be unfit, unsafe, or unsuitable for human occupancy. Such conditions include, but are not limited to:

[1] 

Inadequate or inoperable mechanical, electrical, plumbing, or sanitation systems or equipment;

[2] 

Lack of sound and effective exterior walls or roof covering to provide weather protection;

[3] 

Lack of structural integrity, including deteriorated or inadequate foundations, joints, vertical or horizontal support;

[4] 

Broken, missing, or inoperable windows or doors constituting a hazardous condition or a potential attraction to trespassers;

[5] 

Buildings or structures which are unpainted or which otherwise lack exterior coating, causing dry rot, warping or termite infestation;

[6] 

Broken, deteriorated, or substantially defaced structures visually impacting on the neighborhood or presenting a risk to public safety;

[7] 

Substandard building conditions described in the International Building Code.

(b) 

An abandoned building or structure, such as:

[1] 

An unoccupied and unsecured building or structure;

[2] 

A partially constructed, reconstructed, or demolished building or structure where work is abandoned for 120 consecutive days;

[3] 

A damaged or partially destroyed building or structure not removed or repaired within 120 days after the damage or destruction, or, if the removal or repair cannot reasonably be accomplished within 120 days, upon which removal or repair has not been commenced within such period and prosecuted diligently toward completion.

(c) 

Property maintained in a condition so defective, unsightly, or in a state of such deterioration, disrepair or neglect that it causes a health, safety or fire hazard or a public nuisance to children or others, such as:

[1] 

The accumulation of dirt, litter, refuse, trash or debris in carports, parking areas, driveways, front yards, side yards, rear yards, vestibules, doorways of buildings, the adjoining sidewalk, or alley;

[2] 

Storage of personal property (e.g., couches or chairs) other than items designated for outdoor use in front, exterior side, or rear yard areas visible to public view, including but not limited to unregistered, inoperative or dismantled vehicles or vehicle parts, building materials not currently being used for the construction of improvements on the site, appliances, household furnishings or equipment, tools, machines, garbage cans, packing boxes, debris, rubbish, and broken or discarded furniture.

(d) 

Trees, weeds, grass, vines, brush, or other vegetation which are dead, decayed, infested, diseased, overgrown, or likely to harbor rats or vermin, or which are detrimental to neighboring property or property values. This subsection shall be applicable to every tract of land upon which any building, facility or other structure of any type is located, regardless of the condition of the structure. This subsection shall not be applicable to:

[1] 

Tracts of land in its natural forested or unimproved state that have not been subdivided, platted, or recorded for development purposes;

[2] 

Tracts of land used primarily for agricultural purposes;

[3] 

Tracts of land that have not been improved or occupied for a period of at least 25 years and upon which no structure exists;

[4] 

Natural wildlife areas, open fields, or other similar situated tracts of land.

(e) 

Abandoned and broken equipment or machinery, or parts thereof.

(f) 

The discharge of sewage into any yard, open ditch, storm sewer line or any other open public or private property area.

(g) 

Fences or walls:

[1] 

Which lack structural support because of missing or wet soil, missing or failed footings, or missing or failed fastenings, or which otherwise do not stand erect;

[2] 

Which are in disrepair due to damage, crumbling mortar, missing bricks or wood, rotted wood, breaks or dents in their structure.

(h) 

Front yards and street side yards on improved lots, including corner lots, which lack required landscaping with a lawn, ground cover, bushes, or trees, or which lack required covering with rock or other decorative material, except during permitted construction, demolition, or remodel work on the lot.

(i) 

A surface excavation or grading on private property which contains four or more inches of standing water for a period in excess of five days during which no rain has fallen or has sides which slope at an angle that exceeds acceptable standards for safety. This prohibition does not apply to:

[1] 

Completed drainage facilities which are owned or maintained by or approved and maintained in the manner approved by the Village of Williamsville;

[2] 

Excavations made as part of construction approved by the Village of Williamsville and protected with barriers or fences that meet acceptable standards for safety;

[3] 

Excavations which are completely surrounded by a fence or other secure barrier at least six feet in height.

(j) 

Construction or agricultural equipment, machinery, or materials parked or placed on residential premises and visible from public property or an area open to the public, except during permitted construction, demolition or remodel work on the site.

(k) 

Commercial vehicles with a gross weight of 10,000 pounds or more which are parked on the street right-of-way or on a lot or parcel in a residentially zoned district, unless the vehicle is in the process of delivering goods or services.

(l) 

Vehicle or vessel repair which occurs in a residentially zoned district and is offensive or detrimental to the health, safety, or welfare of persons, or which substantially interferes with the reasonable enjoyment of property by other persons, because of the substances, odors, noise, or visual clutter created by the repair; or because of the items stored in connection with the repair, or because the repair is performed on a vehicle not owned by the occupant of the property.

(m) 

Any violation of the zoning ordinances or occupying or otherwise using property in violation of the provisions of any conditional use permit, planned development permit, variance or other land use entitlement or land use permit.

(n) 

Any condition or activity which is a "nuisance" or a "public nuisance" as defined by the State of Illinois or which is specifically declared to constitute a nuisance by any statute of the State of Illinois or by any ordinance of the Village of Williamsville.

(o) 

Any building or structure which is constructed, altered, repaired, modified, maintained or used in violation of the provisions of the Village of Williamsville zoning regulations.

Editor's Note: See Ch. 320, Zoning.

(8) 

Storage of vehicles.

(a) 

Whoever shall keep on private property any vehicle not on a weed-free surface made of gravel, crushed stone, asphalt or portland cement concrete, or storage of motorized vehicles on front porches, back porches and balconies if the motorized vehicle is visible to the public from any public right-of-way shall be deemed guilty of committing a nuisance.

(b) 

Whoever shall keep on private property any vehicle parked on the lawn in excess of 48 hours in any given seven-day week shall be guilty of committing a nuisance.

(9) 

Operation of unlicensed motorized vehicles:

(a) 

For the purpose of this section, a "motor-driven cycle" is defined as any electric or gas-powered, wheeled scooter, cycle or other vehicle, such as a pocket bike, minibike, or scooter for which the State of Illinois does not issue a title document and does not issue license plates or registration documents.

(b) 

It shall be unlawful for any person to operate a motor-driven cycle as defined above upon any public alley, highway, street, bicycle path, pedestrian path, sidewalk, park, school, or other public property within the Village of Williamsville.

(c) 

No person shall cause, authorize or knowingly permit a motor vehicle, including a motor-driven cycle, owned or under his control, to be driven upon any public or private street, sidewalk, parking lot, bike path or public park, by any person in violation of any of the provisions of this section.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(d) 

Exemptions.

[1] 

Any police vehicle, fire vehicle, or other Village vehicle driven by an employee in the course of his/her duties shall be permitted to use any public or private street, parking lot, sidewalk, bike path or public park when it is necessary in the performance of his/her duties.

[2] 

Motorized wheelchairs and electric personal assistance mobility device, as defined in Section 5/1-117.7 of the Illinois Vehicle Code (625 ILCS 5-1-100 et seq.).

(10) 

Graffiti prohibited; signage regulated.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(a) 

The placing, painting or hanging of any advertisement, handbill, placard or of any printed, pictured or hand-written matter, graffiti or other material whatsoever upon any house, wall, building, fence, railing, sidewalk, park pavilion floor or other property, public or private, by means of either paint, spray paint, chalk, indelible pen or pencil without the permission of the owner or in the case of public property without the permission of the Board of Trustees of the Village of Williamsville (unless it is approved signage as permitted in Chapter 320, Zoning) is hereby declared to have committed a nuisance.

(b) 

Any property owner or tenant who places, paints or hangs advertisements, hand placards or other advertising material must do so in accordance with the Village of Williamsville sign regulations as set forth in Chapter 320, Zoning, or the owner or tenant commits a nuisance. Any political or garage sale signs left in place more than 10 days after the election or sale shall be deemed a nuisance.

(11) 

Obstructions of sidewalks and streets. Whosoever shall erect, suspend, keep or maintain any item, object or structure on, over, or across any street or sidewalk or commons sidewalk of the Village, or any tree or shrub overhanging the same in such a manner as to obstruct any sidewalk, commons walkway(s) or street(s) or render travel thereon inconvenient or unsafe shall be deemed to have caused a nuisance.

(12) 

Obstructions and excavations. All obstructions, wires or cables on streets, alleys, sidewalks or commons walkways of the Village and all excavations in or under the same which may be made without lawful permission are hereby declared to be nuisances.

(13) 

Construction hazards. Wherever, in the judgment of the Village Building and Zoning Inspector, any building, stack, wall, or chimney or other structure then in the process of being constructed is unsafe or dangerous to persons or properties, said Building and Zoning Inspector may cause notice to be served on the owner or company or their agents or contractors or person(s) having charge of the building or structure thereof to stop or cease and desist work until the plans of such building shall be so changed so as to render the same secure and safe and to meet the codes and ordinance requirements of the Village of Williamsville. Said condition is declared a nuisance.

(14) 

Hazardous cables and wires. Any contractor, utility, company, person or other who places, affixes, installs or allows cables, wires, pipe, hoses, or other materials to remain on the surfaces of public property beyond that time period that may be considered reasonable, which interfere with mowing or care of said property or cause an unsafe condition where person(s) could be hurt by falling or injured by cutting into said wire, cable or pipe or other material, shall be deemed guilty of causing a nuisance.

(15) 

Excessive noise.

(a) 

It shall be unlawful and shall constitute a nuisance for any person or group of persons, regardless of number, to willfully make, continue, or cause to be made or continued any loud, raucous and disturbing noise, which term shall mean any sound which, because of its volume level, duration and character, annoys, disturbs, injures or endangers the comfort, health peace or safety of reasonable persons of ordinary sensibilities within the Village of Williamsville. The term "loud, raucous and disturbing noise" shall be limited to loud, raucous and disturbing noises heard upon the public streets, in any public park, in any school or public building or upon the grounds thereof while in use, in any church or upon the grounds thereof while in use, upon any parking lot open to members of the public as invitees or licensees, or in any occupied residential unit which is not the source of the noise or upon the grounds thereof.

(b) 

In determining whether a noise is unreasonably loud, raucous and disturbing, the following factors incident to such noise shall be considered:

[1] 

Time of day;

[2] 

Proximity to residential structures;

[3] 

Whether the noise is recurrent, intermittent or constant;

[4] 

The volume and intensity;

[5] 

Whether the noise has been enhanced in volume or range by any type of electric or mechanical means;

[6] 

The character and zoning of the area; and

[7] 

Whether the noise is subject to being controlled without unreasonable effort or expense to the creator thereof.

The following acts are declared to be nuisances in violation of this chapter, but such enumeration shall not be deemed to be exclusive:

A. 

Horns and signal devices. The sounding of any horn, whistle or signal device on any automobile, motorcycle, bus or any other vehicle, except as a danger signal or as required by law, so as to create any unreasonable, loud or harsh sound, or the sounding of such device for any unnecessary and unreasonable period of time.

B. 

Radios, stereos, and sound reproduction. The playing, use, or operation, either from a motor vehicle or by a pedestrian, of any radio, tape or CD player, or other sound-amplification device emitting sound that is audible from a distance of 50 or more feet from the source of the sound.

C. 

Pets. The keeping of any animal in violation of Chapter 115, Animals, § 115-8.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

D. 

Construction operations. Noise resulting from construction operations being conducted prior to 7:00 a.m. and after 9:00 p.m. on weekdays and prior to 8:00 a.m. and after 9:00 p.m. on weekends and holidays for which building permits have been issued, or for which building permits are not required, or for noise resulting from construction operations anytime day or night, weekday or weekend and holiday for which a building permit is required but has not been properly applied for, or otherwise issued. However, at the discretion of the Director of Building and Zoning, or his designee, provisions may be made on a case-by-case basis specifically to accommodate roofing-related activities that must be conducted outside these specified hours if weather conditions and temperatures are forecasted by the National Weather Service to warrant such a special consideration.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

E. 

Lawn mowers and other landscape maintenance equipment. Noise resulting from lawn mowers and other landscape maintenance equipment used prior to 7:00 a.m. and after 9:00 p.m. on weekdays and prior to 8:00 a.m. and after 9:00 p.m. on weekends and holidays.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

F. 

Vehicle maintenance activities. Noise resulting from vehicle maintenance activities being conducted in areas zoned as residential areas prior to 7:00 a.m. and after 9:00 p.m. on weekdays and prior to 8:00 a.m. and after 9:00 p.m. on weekends and holidays, during which the vehicle motor is in operation at idle, or during which rapid increases of engine rpm commonly referred to as "gunning the engine" is required, or during which tools operated by pneumatic, electric, or other means is required, except for emergencies, such as changing a flat tire, or charging a battery. Vehicle maintenance must never be performed on public streets, or other public ways to include sidewalks, walkways, or trails. Nothing in this section prevents maintenance on private vehicles after the hours of 9:00 p.m. and prior to 7:00 a.m. on weekdays and after 9:00 p.m. and prior to 8:00 a.m. on weekends and holidays that does not require engine operation or the use of powered tools.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The following shall be exempt from the application of this chapter:

A. 

Noise resulting from the normal and lawful operations of any industrial enterprise, commercial enterprise, or governmental facility or function.

B. 

Noise resulting from any authorized emergency or public safety vehicle, when responding to an emergency call or acting in the time of an emergency.

C. 

Noise of safety signals, warning devices and emergency pressure relief valves.

D. 

Noise resulting from emergency work necessary to restore property to a safe condition following a fire, accident or natural disaster, or to restore public utilities, or to protect persons or property from imminent danger.

E. 

Noise resulting from motor vehicles in proper operating condition and properly equipped with the manufacturers' standard mufflers and noise-reducing equipment.

F. 

Noise resulting from any military or law enforcement activities of the federal, state, or any local government, to include military observances.

G. 

Noise resulting from construction operations from 7:00 a.m. to 9:00 p.m. on weekdays and from 8:00 a.m. to 9:00 p.m. on weekends and holidays for which building permits have been issued or for which building permits are not required, provided that all equipment is in proper operating condition and properly equipped with the manufacturers' mufflers and noise-reducing equipment.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

H. 

Noise from lawn mowers and other landscape maintenance equipment used between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 8:00 a.m. and 9:00 p.m. on weekends and holidays, provided that all equipment is in proper operating condition and properly equipped with the manufacturer's mufflers and noise-reducing equipment.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

I. 

Noise resulting from any event held in recognition of a community celebration, or national, state, or county events or public festivals or parades.

J. 

Noise from lawful fireworks and noisemakers on holidays and at religious ceremonies.

K. 

Noise created by any aircraft flight operations which are specifically preempted by the Federal Aviation Administration.

L. 

Noise from any bell or chime from any building clock, school, or church.

M. 

Noise created by any recreational activity.

N. 

Noise from dogs and firearms while being used in a lawful hunt.

A. 

All complaints alleging the existence of a public nuisance shall be filed at the Village Hall during normal working hours or through the Williamsville Police Department.

B. 

The Director of Building and Zoning or his designee shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection to the Board of Trustees so as to ensure receipt of the report prior to the next regularly scheduled Board meeting from the date the complaint is submitted to the Village office.

C. 

Whenever practical, photographs of the premises shall be attached to the written report. The Director of Building and Zoning or his designee shall keep original records of all such written reports on file for at least three years.

D. 

The Director of Building and Zoning or his designee shall provide copies of all written reports to the Village Clerk within 15 days of inspection where they will be retained on file for a period of at least three years.

A. 

Upon determination that a public nuisance exists on private property and that there is danger to the public health, safety, peace, morals, decency, the Director of Building and Zoning or such other official designated by the Board of Trustees shall cause the notice set forth in Subsection B to be served on the owner or occupant of the private property where the public nuisance exists or upon the person causing, permitting or maintaining such nuisance or post a copy of the notice on the premises where the public nuisance exists.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. 

Such notice shall specifically describe the public nuisance and shall direct the owner or the occupant of the private property where the public nuisance exists or the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 72 hours of service or posting of the notice. If such owner, occupant or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed the Village will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and that such cost shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant, or person to abate the nuisance as required by such notice shall be deemed an implied consent for the Village to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the Village.

C. 

If the public nuisance does not constitute a great and immediate danger to the public health, safety or welfare, the Director of Building and Zoning or his designee may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within 10 to 30 days, as determined by the Director of Building and Zoning or his designee. Service may be had by certified mail or personal service or by posting the notice on the property and mailing notice by first-class mail.

D. 

If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the Director of Building and Zoning or his designee may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.

E. 

The owner or occupant of the private property where the public nuisance exists who fails to abate or to remove the nuisance required by this section, thereby consents, under the terms of this section, to have the Village abate or remove the nuisance. Further, the owner or occupant thereby also consents to the formation of a contract between the owner and occupant and the Village for the payment of costs in relation to abatement or removal of the nuisance.

F. 

The person whom a notice to abate a nuisance is served, the property owner, tenant or other affected person may appeal the determination of nuisance in writing to the Director of Building and Zoning. The written appeal must be made within the time period in which to abate the nuisance is given in the notice. The Director of Building and Zoning shall meet with the appellant within five days of the receipt of the written appeal. The Director of Building and Zoning or his designee may extend the time in which the nuisance must be abated, determine that a nuisance does not or no longer exists, or that the nuisance must be abated within the time period set out in the notice or immediately if the period has run; provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal shall be heard after the abatement of the nuisance by the Village. In that event, the Director of Building and Zoning or his designee may determine that the appellant is liable for the costs or that, upon good cause shown, that the appellant is not liable for the cost and that a lien shall not be filed by the Village upon the property. The notice to abate shall contain a statement of the right to appeal.

A. 

Whenever a bill for the reasonable costs of abatement or removal of a nuisance pursuant to this chapter remains unpaid for 30 days after it has been sent, the Village Clerk or designee shall file a notice of a lien with the County Recorder. Any notice of lien pursuant to this chapter shall be filed within 90 days after the cost and expense of abatement or removal of nuisance has been incurred by the Village. 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 by the Village; 3) the date or dates when such cost and expenses were incurred by the Village. However, any purchaser whose rights in such real estate have arisen subsequent to removal of the public nuisance and prior to filing of such notice shall not be held liable for the cost of abatement or removal.

B. 

Costs and expenses under this chapter include, but not be limited to, the actual costs and expenses in time of Village employees or Village-authorized contractors and in materials concerning the actual actions of abatement of the nuisance pursuant to this chapter, transportation to and from the property, title searches or certifications, preparation of lien documents, foreclosures and other related expenses, including but not limited to reasonable attorney's expenses.

C. 

A copy of the notice of lien shall be sent by certified mail by the Village Clerk or designee to the owner of the property or to the person or persons in whose name such real estate was last billed for property tax purposes.

D. 

The real estate subject to a lien for such an unpaid assessment of such costs and expenses may be sold for nonpayment thereof, and the proceeds of the sale applied to pay the charges, after deducting costs.

E. 

The Village Attorney may institute proceedings in the name of the Village in any court having jurisdiction over such matters against any property for which such cost and expenses have remained unpaid 30 days after a statement of such cost and expenses has been mailed to the property owner, to the occupant or to the person or persons in whose name the property was last billed for property tax purposes.

F. 

Upon payment of the costs and expenses, plus interest from the date 30 days after the bill was sent after notice of lien has been filed, the Village Clerk or designee shall file with the County Recorder a release of lien.

G. 

If the payment of the Village's cost of removal or abatement or the nuisance is not paid to the Village within 30 days of filing of the notice of lien, the Village Attorney is empowered to commence proceedings in the Circuit Court seeking a personal judgment from the owner of or persons interested in such property as noticed pursuant to § 205-5B at the time the complaint for removal or abatement was filed with the Circuit Clerk in the amount of such costs. Such action shall be based upon the implied consent for persons to form a contract for the removal or abatement of the nuisances, and/or statutory authority for municipal liens in such circumstances. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedy.

A. 

The Director of Building and Zoning or his designee or a police officer, duly sworn in the Village of Williamsville, shall have the power to issue a failure-to-comply ticket to any person who fails to comply with any provisions of this chapter. A failure-to-comply ticket may be issued for each day the violation continues.

B. 

The Village may utilize a failure-to-comply ticket regarding a violation of this chapter as provided in Subsection A. A failure-to-comply ticket shall be served by posting it on the property on which the violation is alleged to exist in a conspicuous place at the entrance door or avenue of access to the premises on which the alleged violation exists or by mailing a copy of the ticket by certified mail to the last known address of the person in whose name the real estate taxes were last billed, or by delivering it and leaving it in the possession of any person in charge of the premises on which the violation is alleged to exist.

C. 

The tickets issued under this section shall be a courtesy in lieu of prosecution. The person issued a failure-to-comply ticket may compromise and settle the claim by paying the sum of $25 within seven days from the time the failure-to-comply ticket is issued or by paying the sum of $50 subsequent to such seven-day period and prior to the person being charged by written complaint for such violation. Any person issued any additional failure-to-comply ticket alleging the same type of violation at the same address within a twelve-month period of the last violation may compromise and settle the claim prior to the person being charged by prosecution in accordance with the following schedule:

(1) 

Second offense: $100.

(2) 

Third offense: $200.

(3) 

Fourth offense: $400.

D. 

If the person accused of the violation does not settle the claim within seven days after being issued a failure-to-comply ticket, a complaint may be filed with the Circuit Court for that violation. Upon conviction, the person shall be subject to a fine of not less than $50 nor more than $750 for each violation for which the person was previously issued a failure-to-comply ticket that was not paid prior to a complaint being filed with the Circuit Court.

E. 

The Village may, at its discretion, elect to prosecute violations under § 205-8 without first issuing a failure-to-comply ticket.

The Village shall, in its discretion, prosecute any violations of this chapter in the appropriate court to enforce this chapter by the imposition of fines and/or orders or injunctions to abate the nuisance and eliminate the prohibited condition, as requested by the Village. Upon conviction of any violation of this chapter, in addition to other remedies of the Village, the violation shall be punishable by a fine of not less than $75 nor more than $750 for each violation and everyday that such a violation is continued shall constitute a separate and distinct offense.