[Amended 12-11-1995 by Ord. No. 95-32]
A. 
Nuisance defined. For the purpose of this chapter, the term "nuisance" is defined to mean any condition or use of property which is detrimental to the health and safety of persons or the property of others or which is declared to be a nuisance by this section, any other provision of this Code, or by any other state or federal law.
B. 
Nuisances enumerated. Nuisances shall specifically include but are not limited to the following:
(1) 
Any condition or use of premises or building exterior which is detrimental to the property of others, or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located, or which causes an unreasonable disturbance to another.
(2) 
Keeping unsanitary matter on the premises. It shall be unlawful for any person to keep or permit another to keep upon any premises deleterious or septic material, unless such material is retained in containers or vessels which deny access to humans, flies, insects, rodents or other animals.
(3) 
Permitting any premises to become unsanitary or a fire menace by allowing any unsafe matter to grow, accumulate, or otherwise occupy and remain on such premises.
(4) 
The keeping or depositing on, or the scattering over the premises of lumber, junk, trash, debris or unused objects or equipment such as automobiles, furniture, stoves, refrigerators, lawn mowers, machinery, tires, appliances or containers.
(5) 
The allowance of the emission of unnecessary noise from the premises, including but not limited to the keeping of animals which causes an unreasonable disturbance to another.
(6) 
To throw or deposit any offal or offensive matter or the carcass of any dead animal in any watercourse, lake, pond, spring, well or common sewer, street or public highway.
(7) 
To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake to the injury or prejudice of others.
(8) 
To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals or of the public.
(9) 
To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or had bought or leased a residence or other real property, when the harassment, intimidation or threat relates to a person's attempt to sell, buy or lease a residence or other real property, or refers to a person's sale, purchase or lease of a residence or other real property.
(10) 
To store, dump or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds or other animal pests that are offensive, injurious or dangerous to the health of individuals or of the public.
(11) 
To create any condition through the improper maintenance of a swimming pool or wading pool, or by causing any action which alters the condition of a natural body of water, so that it harbors mosquitoes, flies or other animal pests that are offensive, injurious or dangerous to the health of individuals or of the public.
C. 
Abatement of nuisance. Whenever a written statement that a nuisance, as defined by this chapter, exists or is being maintained within the jurisdictional limits provided by state law, is received by the Chief of Police or his or her designee stating that the same is a menace to the public health or dangerous to the health or safety of the inhabitants of the Village, the Chief of Police or his or her designee may issue a notice requiring the owner or agent of the owner of the premises to remove and abate the nuisance from such premises within a time, not exceeding 10 days, to be specified in the notice. The notice shall be served by the Village police by delivering a copy thereof to the owner, agent or occupant of the property, or if the property is unoccupied and the owner is a nonresident, then by mailing the notice to the owner's last known address.
D. 
Notice and hearing.
(1) 
In the event that the nuisance is not abated, the Village Attorney or his or her designee shall set the matter for a hearing before the Village Board by personal service, certified mail, or substitute service by notifying the owner or agent of the owner or occupant of the property of the grounds for declaring the use of the property a nuisance and the date of the hearing before the Village Board, which date shall in no event be less than 10 days from the receipt of notice of intent to seek a declaration of nuisance. Failure to receive notice sent or served shall not invalidate the nuisance declaration resolution.
(2) 
At the hearing before the Village Board, the property owner or agent of the owner or occupant of the property may present evidence, call witnesses and be represented by counsel.
(3) 
In the event that the Village Board resolves that the specific use of the property is a nuisance, the Village Board shall, by resolution, order the abatement or removal of the nuisance within a time period specified in the resolution. Should the owner, agent of the owner or occupant of the property fail to abate or remove the nuisance within the time period set by the Village Board, the Village shall proceed to abate the nuisance and cause the costs of abatement to be assessed to the property in the manner prescribed by state law.
(4) 
Any person owning, leasing, occupying or having charge of any premises upon which a nuisance exists shall upon conviction be fined as set forth in § 94-99. Every such nuisance, when a conviction therefor is had, may, by order of the court before which the conviction is had, be abated by the police or other proper officer, at the expense of the defendant, and it shall be no defense to any proceeding under this section that the nuisance is erected or continued by virtue of permission of any state law.
E. 
Remedies and sanctions not exclusive. The remedies and sanctions set forth in this section and in § 94-99 shall be construed so as to exclude any other remedies or sanctions, either criminal or civil, elsewhere provided in the Code or by state law.
[1]
Editor's Note: Former §§ 94-2, Acts endangering public health, 94-3, Premises, 94-4, Watercourses, 94-5, Pools, and 94-6, Refuse, were repealed 7-27-2016 by Ord. No. 16-16.
A. 
No person shall cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner, or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof.
B. 
For the purpose of testing and grading, the density of smoke as set forth in the Ringelmann Smoke Chart as published and used by the United States Geological Survey is adopted as a standard for such grading. Smoke is defined as and declared to be dense when it is of a degree of density of number three or greater for more than six minutes in any one hour, whether the period of time is consecutive or not.
[Added 10-14-2013 by Ord. No. 13-33]
A. 
Definitions. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DEBRIS
Trash including, but not limited to, paper, cartons, boxes, barrels, wood, excelsior, tree branches, yard trimmings, rejected, discarded or unused furniture, metals, tin or aluminum cans, bottles, liquid waste, waste paper, dirt, small quantity of rock, pieces of concrete, glass, crockery, rubbish, junk, and inoperable, unused, or otherwise rejected equipment, personal property or parts thereof.
GARBAGE
Waste resulting from the handling, preparation, cooking and consumption of food, waste from handling, storage and sale of produce, and every refuse accumulation of animal, fruit or vegetable matter used or intended for food.
OWNER
The person or persons of record holding title to the premises.
B. 
Accumulation prohibited. It shall be unlawful and is hereby declared a nuisance for any person to permit the private property owned or possessed by him or her to have accumulated thereupon garbage and debris, and the same shall be removed and such premises kept in a neat, clean and sanitary condition.
C. 
Removal; notice. It shall be the duty of the Chief of Police, President, Administrator or a designee of one of the foregoing ("official") to serve or cause to be served notice upon the owner of any premises on which garbage or debris has accumulated in violation of the provisions of this section, and to demand the abatement of such accumulation within five days. Such notice shall be served personally or by certified mail.
D. 
Abatement. If the person so served does not abate the nuisance within five days, the Village may proceed to abate the nuisance. The Village shall keep a record of all time spent abating the nuisance, and the owner shall be billed at the rate of $200 per hour for the first hour or fraction thereof, and $150 per hour for each additional hour or fraction thereof ("removal costs").
E. 
Lien. If the owner fails to pay the removal costs within 30 days of billing by the Village, the Village Administrator shall cause a lien to be recorded on the owner's property following the procedures set forth in § 96-25 or 98-4.