[HISTORY: Adopted by the Board of Trustees
of the Village of Williamsville 10-8-2007 by Ord. No. 2007-12. Amendments noted where applicable.]
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.[1]
(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:
(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.
(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.[3]
(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.[4]
(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.
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.[2]
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.[3]
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.[4]
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.[1]
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.[2]
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.[1]
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:
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.
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.
