[Adopted 9-12-1983 by L.L. No. 4-1983]
Because of the narrow streets and absence of sidewalks in the Village and the necessity of police, fire and other emergency vehicles to have unimpeded access throughout the Village, it shall be unlawful for any person to encumber or obstruct any street or public place in the Village with any receptacles, dumpsters or containers or other objects except as the same may be necessary to complete repairs or construction on the said street or public place as provided in § 102-24 of this Code.
[Added 12-14-2006 by L.L. No. 4-2006]
A. 
Notice to cut back bushes or other natural growth over public way. The Village Clerk is hereby authorized and empowered to notify the owner of any private property within the Village, or the agent of such owner, to immediately cut back bushes or other natural growth located on such owner's property to the extent that same are extending over any public lands or rights-of-way. Such notice shall be by certified mail addressed to the owner at his or her last known address, and shall also state that upon noncompliance, the Village shall undertake the cutting back on behalf of the owner, and that the cost, plus interest and penalties as provided by law, shall be included as an additional charge on the next tax bill to be issued for such private property and all subsequent tax bills until paid in full.
B. 
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to cut back bushes or other natural growth as aforesaid within 15 days after receipt of written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event the same is returned to the Village Clerk because of inability of the post office to make delivery thereof; provided the same was properly addressed to the last known address of such owner or agent, the Village Clerk is hereby authorized and empowered to provide for the necessary cutting back by the Village or by a third party, and to pay for same with Village funds.
C. 
Charge included in tax bill. When the Village has effected the cutting back of bushes and/or other natural growth or has paid for same as provided hereunder, the actual cost thereof; plus accrued interest at the rate of 9% per annum from the date of the completion of the work until the date of payment in full shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Village, and said charge shall be due and payable by said owner at the time of payment of such bill. In the event that the Village shall effect the cutting back by resorting to Village personnel and equipment, the term "actual cost" shall mean an amount equal to $80 per hour for all the time taken to complete the job, plus necessary expenses, if any.
D. 
Filed statement constitutes lien. Where the full amount due the Village is not paid by such owner within 20 days after the cutting back, as provided for in Subsections A and B above, then, and in that case, the Village Clerk shall cause to be filed in the office of the Village Clerk a sworn statement showing the actual cost incurred for the work, the date the work was done and the location of the property by school district, section, lot and block on which said work was done, and the name of the reputed owner thereof. The filing of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes, and further, shall be subject to a delinquent penalty of 9% in the event same is not paid in full on or before the date the tax bill upon which said charge appears becomes delinquent. Sworn statements filed in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement, and that the same is due and collectible as provided by law.