City of Lexington, IL Nuisances

Building Committee members.

Police officers of the City of Lexington.

Any employee or agent of the City of Lexington authorized by law or by ordinance to make inspections.

NUISANCE

Any condition or action declared to be a nuisance by law.

Any condition or action declared to be a nuisance by any provision of the Code of the City of Lexington, as amended, other than this chapter.

Any condition or action which is a nuisance at common law.

Any building determined under any law or ordinance to be unfit for human habitation, whether by unsanitary condition or otherwise.

Any condition which is deemed by the inspecting authority to be injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property or which unlawfully obstructs the free passage or use, in customary manner, of any public park, street, or highway.

PERSON

Any individual, company, partnership, incorporated or unincorporated association, or any combination of individuals, or any employee, agent or officer thereof.

[Added 11-22-1999 by Ord. No. 1999-10]

§ 118-3 Public nuisances prohibited.

[Added 4-10-1995]

It shall be unlawful for any person:

To perform any act or create or cause to exist any condition or situation defined as a nuisance in this chapter; or

Who has caused or created a nuisance to refuse or fail to abate said nuisance on notice to do so from the City or inspecting authority; or

Who owns property which constitutes a nuisance or upon which a nuisance exists to refuse or fail to abate said nuisance upon notice to do so from the City or inspecting authority.

A separate violation of this chapter shall be deemed committed each day the violation exists or continues.

§ 118-4 Abatement by City.

[Added 4-10-1995]

Whenever any nuisance is created, maintained or perpetuated in violation of this chapter, the City may take one or more of the following steps:

Prosecute any person violating this chapter to obtain a conviction and assessment of a penalty therefor.

Where not otherwise prohibited by statute or ordinance, initiate a proceeding in court to obtain a court order authorizing the City of Lexington to abate such nuisance and recover the cost of abatement by placing a lien on the property upon which the nuisance exists and foreclosing thereon, in the manner herein provided.[1]

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

Initiate a proceeding in court to obtain a court order directing the defendant or defendants to abate the nuisance under such conditions and circumstances as the court may direct.

Follow any other procedure authorized by law or by ordinance for the abatement of the nuisance.

In any case where the nature of the nuisance is such that it may cause injury to the person or property of another prior to the time it may be abated, the City may summarily abate the nuisance.

§ 118-5 Procedure.

[Added 4-10-1995]

The procedure for dealing with nuisances shall apply in the absence of other procedures dictated by law or by ordinance.

Notice.

Upon learning of the existence of a nuisance, the City or inspecting authority shall notify by certified mail the creator of the nuisance, if known, or the owner of the property of the existence of the nuisance. The notice shall contain a brief description of the character of the nuisance, the provisions of law or ordinance which it violates and the date by which such nuisance is to be abated, which date shall be 10 days from the date of such notice.

Where the character of the nuisance warrants summary abatement, the City or inspecting authority shall, where practical, notify the creator of the nuisance or the owner of the property which constitutes the nuisance or on which the nuisance exists of its existence and direct such person to abate such nuisance within a reasonable time. Such notice may be oral and may be given by any means reasonable under the circumstances. Nothing in this chapter shall prevent the City or inspecting authority from summarily abating a nuisance without notice where notice is impractical due to:

(a)

Difficulty or delay required in ascertaining the identity of or contacting the person to be notified.

(b)

Probable inability of the person to be notified to abate the nuisance in time.

(c)

Delay occasioned by attempts to contact the person to be notified would interfere with the ability of the City or inspecting authority to abate the nuisance in time.

Abatement; complaint; hearing.

Upon failure of the person to be notified as provided above to abate the nuisance, the City shall abate the nuisance where authorized by law or by ordinance to do so, or file a complaint with the Circuit Court as provided in this chapter or as otherwise as provided by law or by ordinance.

It shall not be a defense to prosecution for violation of this chapter that the nuisance has been abated by the City.

If the court determines that a nuisance exists and has not been abated, upon application by the City it shall order the defendant to abate such nuisance, or authorize the City to abate it and recover the costs thereof as provided by law or by ordinance.

Lien.

Charges for the costs incurred by the City of Lexington for abatement of nuisances pursuant to this chapter shall be a lien upon the property on which the nuisance existed. At any time after a bill has been sent to the owner of the property for nuisance abatement, a lien may be filed with the Recorder of Deeds within 60 days of the time the cost is incurred. The failure of the City to record such lien or to mail notice thereof, or the failure of the owner to receive such notice, shall not affect the right of the City to foreclose thereon.

For purposes of this provision, the City shall be deemed to incur the cost of nuisance abatement:

(a)

If abatement is done by private contractor at the direction of the City, at the time the City pays for such abatement; or

(b)

If abatement is done by the City, at the time the head of the department accomplishing such abatement transmits to the Finance Department a calculation of the cost of abatement.

Foreclosure of lien. Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment of same and the proceeds of such sale shall be applied to pay the charges after deducting costs. Such foreclosure shall be in equity in the name of the City. The City Attorney is hereby authorized and directed to institute such proceedings within two years of the time the costs are incurred in the name of the City in any court having jurisdiction over such matter against any property for which such bill has remained unpaid after it has been rendered; and to release said lien upon payment of the costs incurred by the City.

§ 118-6 Penalty.

[Added 4-10-1995[1]]

Upon conviction of a violation of §§ 118-1 through 118-5, a person shall be fined in an amount not to exceed $750 for each offense.

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

Article II Specific Nuisances

§ 118-7 Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City or within the police jurisdiction of the City.

§ 118-8 Public nuisances defined.

General. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

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

In any way render the public insecure in life or in the use of property; or

Greatly offend the public morals or decency; or

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

Public nuisances affecting health. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of Subsection A of this section:

All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

Carcasses of animals, birds or fowl not buried or otherwise disposed if in a sanitary manner within 24 hours after death.

Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed or which create a fire hazard.

All stagnant water in which mosquitoes, flies or other insects can multiply.

Garbage cans which are not fly-tight.

(6)

The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits in such quantities as to endanger the health of persons of ordinary sensibilities; or any act in violation of the Illinois Environmental Protection Act (415 ILCS 5/7.2 et seq.).

(7)

The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances; or any act in violation of the Environmental Protection Act.

(8)

Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.

(9)

All abandoned wells or cisterns not securely covered or secured from public use; or all wells, cisterns, septic tanks and/or cesspools not securely covered.

(10)

Any barn, stable or shed used for keeping animals.

(11)

Any obstruction in or across any watercourse, drainage ditch or ravine.

(12)

The deposit of garbage, rubbish, or any offensive substance on any street, sidewalk or public place, or on any private property, except as may be permitted by ordinance.

(13)

Any noxious weeds on private property as defined by Chapter 18 of the Illinois Revised Statutes.[1]

Editor's Note: See the Illinois Noxious Weed Law, 505 ILCS 100/1 et seq.

Public nuisance offending morals and decency. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances affecting public morals and decency coming within the definition of Subsection A of this section:

[Amended 11-22-1999 by Ord. No. 1999-10]

All houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling, except the state-authorized lottery.

All buildings, structures or places of business allowing or permitting any type of adult entertainment such as:[2]

(a)

The showing or display of any adult movie rated at or above an X rating.

(b)

Allowing any person to remove his or her clothing for the purpose of entertainment.

(c)

Offering for sale or viewing purposes any type of pornography that includes a person engaged in any deviant sexual act.

(d)

Allowing any type of suggestive or erotic dancing that is primarily intended for adult entertainment or to appeal to the prurient interest of the audience.

(e)

Performing any sexual act for the purpose of adult entertainment or to appeal to the prurient interest.

[2]

Editor's Note: See also Ch. 167, Sexually Oriented Businesses.

All gambling devices and slot machines, except that video gaming terminals as defined in the Illinois Video Gaming Act (230 ILCS 40/1 et seq.) shall not be considered a nuisance under this chapter.

[Amended 7-24-2012 by Ord. No. 2012-9]

All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided by the Code of the City of Lexington.

Any place or premises where ordinances or state laws relating to public health, safety, peace, morals or welfare are openly continuous, repeatedly and intentionally violated.

Public nuisances affecting peace and safety. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of Subsection A of this section:

All buildings erected, repaired or altered in violations of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures.

All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing.

All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

All limbs of trees which project over a public sidewalk less than eight feet above the surface thereof or less than 10 feet above the surface of a public street.

All use of display of fireworks except as provided by the laws of the State of Illinois and ordinances of the City.

(6)

All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.

(7)

All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground.

(8)

All loud and discordant noises or vibrations of any kind.

(9)

All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the City or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.

(10)

All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

(11)

All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside by pushing only with the strength of a small child.

(12)

Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.

(13)

Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof.

(14)

Any sign, marquee or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalk less than eight feet above the sidewalk surface.

(15)

Any structure, material or condition which constitutes a fire hazard or will impair the extinguishing of any fire.

(16)

Any nuisance so defined by the Illinois Compiled Statutes.

§ 118-9 Abatement of public nuisances.

Inspection of premises. Whenever complaint is made to the City Mayor that a public nuisance exists, or has existed, within the City, he/she shall promptly notify the Chief of Police, or some other City official whom the Mayor shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings to the Mayor. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the City Clerk.

Summary abatement.

If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the City Mayor may direct the Chief of Police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.

If the nuisance is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the Superintendent of Public Works, or some other City official whom the Mayor shall designate, shall cause the abatement or removal of such public nuisance.

Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he/she shall file a written report of his findings with the Mayor, who shall cause an action to abate such nuisance to be commenced in the name of the City.

§ 118-10 Cost of abatement.

In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.

§ 118-11 Dutch elm disease; emerald ash borer infestations. [1]

Inspection. The officers, agents and employees of the City may enter upon private property whereon there is located any elm tree having the appearance of or suspected of being diseased with the Dutch elm disease or ash trees infected with the emerald ash borer, for the purpose of inspecting the suspected tree and removing therefrom samples or portions thereof to be tested to establish whether the tree is in fact diseased.

Nuisance. If it is determined by the City that the tree from which samples have been taken is in fact diseased or infected with the Dutch elm disease or the emerald ash borer, the tree shall be deemed a nuisance.

Destruction of affected trees. The owner, occupant, or agent of the parcel of land on which the diseased elm or ash tree exists shall remove and destroy the elm or ash tree within 10 days after notification to such owner, occupant, or agent, by the City that the elm or ash tree situated on said parcel of land is in fact diseased and infected.

Abatement by City. In case the owner, occupant or agent of the parcel of land on which a diseased elm or ash tree is located cannot be found, or if found and notified as aforesaid neglects or refuses to abate the nuisance, the City may abate the same by the removal and destruction of the diseased elm or ash tree, and the owner, occupant and agent or any of them shall be charged with those expenses which may be incurred by the City in the removal of the diseased elm or ash tree, which expense shall be collected by the City by suit, or otherwise. In addition the owner, occupant or agent shall be subject to the fine or penalty provided in this section.

Lien for removal costs. The cost of removal and destruction of a diseased elm or ash tree is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens, provided that notice has been given as hereinafter described, and further provided that within 60 days after such cost and expense is incurred, the City, or person performing the service by authority of the City, in his own name, files notice of lien in the office of the Recorder of Deeds of McLean County. 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. Upon payment of the cost and 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 notice of lien. The cost of such tree removal shall not be a lien upon the real estate affected unless a notice shall be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property, such notice to be delivered or sent not less than 30 days prior to the removal of the tree or trees located thereon. The notice shall contain the substances of this section and identify the property, by common description, and the tree or trees affected.

Penalty. Any person who shall violate any of the provisions of this section or who shall neglect or refuse to remove and destroy a diseased elm or ash tree growing on any parcel of land of which such person is owner, agent, occupant, or person in possession, when ordered so to do or who shall interfere with the removal and destruction of such diseased elm or ash tree, shall be subject to the penalty provided for violation of this code.

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

§ 118-12 Weeds.

Definition. "Weeds" as used in this section shall include the following: burdock, ragweed (giant), ragweed (common), thistle, cocklebur, jimson, blue vervain, common milk weed, wild carrot, poison ivy, mild mustard, rough pigweed, lambsquarter, wild lettuce, curled dock, smart weeds (all varieties), poison hemlock and wild hemp, and all other weeds of a like kind.

Owner required to cut weeds. Every owner of real estate within the City shall cut weeds on his property at all such times as may be necessary so that such weeds shall not exceed eight inches in height. If the owner neglects or refuses to so cut the weeds, the City Street Commissioner shall cause the weeds to be cut on behalf of the City.

Cost of weed cutting to be recorded; notice of lien. If the City Street Commissioner causes the weeds to be cut, a notice of lien of the cost and expenses thereof incurred by the City shall be recorded in the following manner provided in 65 ILCS 5/11-20-7, as amended from time to time. The City or the person performing the service by authority of the City, in its or his own name, may file notice of lien in the office of the Recorder of Deeds of McLean County. The notice of lien 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 the cost and expense was incurred by the City, and shall be filed within 60 days after the cost and expense is incurred. Notice of such lien shall be mailed to the owner of the real estate, provided that failure to file the notice or to mail the notice, or failure of the owner to receive the notice, shall not affect the right to foreclose the lien as provided in Subsection E below.

Payment of cost of weed cutting; release of lien. 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.

Foreclosure of lien. Real estate subject to a lien for unpaid cutting cost and expenses may be sold for nonpayment of the same (subject to the statutory rights of bona fide purchasers or prior lienors), and the proceeds of such sale shall be applied to pay such costs and expenses, after deducting court costs and legal fees, as in the case of the foreclosure of statutory liens. The City Attorney is directed to institute such foreclosure proceeds, which may be in equity and in the name of the City, in any court of proper jurisdiction, against any real estate for which the cutting costs and expenses have remained unpaid for 60 days after being incurred.

§ 118-13 Garbage and refuse. [1]

The owner, occupant or lessee of any premises in the City shall remove from his premises or otherwise dispose of all garbage, ashes, rubbish and refuse, and shall keep the premises free and clear of any accumulation of any such refuse.

Pending disposal of garbage from any premises, the garbage shall be deposited in watertight containers with close-fitting covers. Pending disposal from any premises, cans, bottles, metalware and similar inorganic household rubbish shall be deposited in rigid containers. All garbage and refuse shall be so stored as not to invite insects or rodents or be unsightly or a nuisance.

No person shall deposit any garbage, rubbish or refuse on any street or public place or on any public or private property not his own except at any dump site which may be authorized by the City Council.

No person shall bury any garbage with the City.

Editor's Note: See also Ch. 183, Solid Waste.

§ 118-14 Garbage in City parks.

[Added 2-9-1987 by Ord. No. 1987-2; amended 6-14-2010 by Ord. No. 2010-4]

It shall be unlawful for any person to discard scrap paper, bottles, cans, debris, garbage or rubbish of any kind in any City park or recreational area, except in designated containers provided by the City of Lexington. A violation of this provision is punishable by fine in an amount not to exceed $750.

§ 118-15 Yard waste; brush and limb collection.

[Added 1-27-2014 by Ord. No. 2014-1[1]]

The City provides residents a landscape waste dropoff point ("dropoff point") at the City of Lexington's Wastewater Treatment Plant. At any time of the year, residents may dispose of their yard waste, including grass, leaves, brush, and limbs, by transporting and depositing such waste to the dropoff point.

Brush and limbs are classified as trees and bushes, or the trimmings therefrom, that have been cut or trimmed by the resident or owner of residential property to permit their being picked up and hauled away. The terms "brush" and "limbs" do not include leaves, grass, other waste.

The City shall provide brush and limb pickup during the months of April through October on the Monday, Tuesday and Wednesday of the third week of each month. This City will not pickup leaves or grass clippings as part of its brush and limb pickup service.

Residents wishing to use the City's brush and limb pickup service shall place such items in a neat pile or stack for collection on the curb, or on their property as near to the street as possible. Such items shall not be placed in the street at any time and it shall be nuisance for anyone to cause such items, or any other yard waste, to be placed in the street.

Brush or limbs may be placed for pickup up to one week in advance of the scheduled pickup date. Any brush or limbs, or any yard waste that is placed for pickup prior to that period, or that is left to remain after the scheduled pickup dates, will be deemed a nuisance.

Contractors or persons for hire are responsible for the disposal of all brush/limbs they generate and may not place brush on City parkways.