[Amended 5-1-1995 by FMC-302]
The provisions of this article shall apply and govern the minimum
conditions for maintenance of exterior property, premises and structures.
Premises shall comply with the conditions herein prescribed insofar
as they are applicable.
The owner of the premises shall maintain such structures and
premises in compliance with these requirements. A person shall not
occupy as owner-occupant or let to another for occupancy or use premises
which do not comply with the requirements of this section.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
Depositing or throwing refuse, garbage, food product, bird food,
animal food or debris of any kind in any watercourse, river, storm
sewer or stream is prohibited.
Throwing or depositing garbage, food product, bird food, animal
food, debris or refuse of any kind, including but not limited to cans,
bottles, paper and plastic, in any street, alley, park or public way
within the Village is unlawful.
All exterior property areas and premises shall be maintained
in a clean, safe and sanitary condition and free from any accumulation
of rubbish or garbage.
A. Nonresidential
garbage containers. The operator of every establishment producing
garbage, vegetable wastes, or other putrescible materials shall provide
and use commercially constructed containers that are leakproof and
have close-fitting covers for the storage of such materials until
removed from the premises for disposal.
B. Residential
garbage containers. The owner of the premises shall provide and at
all times cause to be used a commercially manufactured container which
has a close-fitting cover and is provided with handles. Refuse that
is too large or heavy for the container, such as limbs, twigs, construction
materials, etc., may be placed alongside the container in such a manner
that it cannot be scattered. Such containers shall not be placed for
refuse pickup more than 24 hours before such pickup and shall be removed
within 24 hours after such pickup. Such containers, when not out for
pickup, shall be stored as reasonably concealed from view from the
street as is practical.
[Amended 10-30-1995 by FMC-315; 7-7-2014 by Ord. No. 2014-1783]
C. Plastic
bags. Plastic bags outside the garbage container may only be used
for leaves, grass clippings, newspapers or magazines. Papers and magazines
not in containers must be bundled and tied. No garbage is to be put
in any plastic bag unless such bag is within a garbage container.
Lawns, hedges, bushes, trees, and other vegetation shall be
kept trimmed and from becoming overgrown and unsightly where exposed
to public view or where such vegetation may constitute a blighting
influence on adjoining property. However, this provision shall not
preclude the maintenance of undeveloped or underdeveloped land in
its natural state, or subject, however, to compliance with the weed
ordinance.
An owner of a structure or property shall be responsible for
the extermination of insects, rodents, vermin, or other pests in all
exterior areas of the premises, except that the occupant shall be
responsible for such extermination in the exterior areas of the premises
of a single-family dwelling. Whenever infestation exists in the shared
or public parts of the premises or other than a single-family dwelling,
extermination shall be the responsibility of the owner.
If any sidewalk, steps, driveways, parking spaces and similar
paved areas or portion thereof by virtue of its state of repair shall
constitute a danger to public health and safety, the sidewalk, steps,
driveways, parking spaces and similar paved areas or portion thereof
shall be replaced.
All dilapidated accessory buildings on any property shall be
removed or rehabilitated. All accessory buildings which are to remain
shall provide weatherproofed usable space and shall not harbor rodents,
termites, or other vermin.
All fences, retaining wall, or similar structures shall be kept
in good structural repair.
[Added 7-7-2014 by Ord.
No. 2014-1783]
Any person, firm or corporation maintaining any gas pipe in
the Village shall, in the absence of provision in the franchise concerning
the subject, keep such pipes free from leaks.
[Amended 8-5-2013 by FMC-461]
A. It shall be unlawful for any person, firm or corporation to burn
any leaves, paper, rubbish or other substances upon any of the public
streets, sidewalks or alleys in the Village. Nothing in this section
shall be deemed to permit or imply the permission to burn any substances
or other combustible material on any public or private property except
in accordance with the following: With the exception of fires in outdoor
receptacles designed and used for cooking food, or fire pits as specified
herein, the outdoor burning of leaves, brush, trimmings from trees
or bushes, vegetable matter, wood, paper or other combustible debris,
refuse, waste, rubbish, garbage, or any other material on any property,
public or private, from any source material on any property, public
or private, from any source whatsoever, within the corporate limits
of the Village is prohibited. Upon notice to and permission granted
by the Village Fire Chief or his/her designee, the following exceptions
may be permitted: fires in conjunction with holidays, festive celebrations,
or other public or private recreational purposes, the burning of dead
or diseased vegetation or similar debris when no other method of disposal
is feasible; and fires set and attended by personnel of the Fire Department
in the course of duty, training or otherwise.
B. The use of fire pits will be allowed, provided that there is compliance
with the following regulations:
(1)
A fire pit includes a permanent below ground fire pit, a permanent
grade level outdoor fireplace or a portable outdoor fireplace, all
intended to contain and control outdoor wood fires.
(2)
Portable fire pits, constructed of steel, brick, or masonry,
shall be used in accordance with the manufacturers' specifications
and safety guidelines and must be placed upon a noncombustible surface.
The total fuel area of the fire pit shall be limited to 36 inches
diameter and not more than six square feet with a maximum depth of
24 inches.
(3)
Only natural seasoned firewood or commercial logs may be burned.
The use of permanently installed propane or natural gas fire pits
is permitted.
(4)
The fires in fire pits shall be kept manageable.
(5)
Any permanently installed fire pit shall require a permit and
an inspection by an enforcement official.
(6)
The use of the fire pit must be attended and supervised by a
competent adult property owner until the fire has been completely
extinguished. A resident/tenant of a property may use a fire pit in
accordance to this section as long as the property owner or assigned
management company grants written permission to the resident/tenant.
The use of the fire pit must be attended and supervised by the resident/tenant
until the fire has been completely extinguished.
(7)
A portable ten-pound ABC type fire extinguisher or other approved
extinguishing equipment, such as a garden hose, bucket of sand, or
dirt, must be readily available.
(8)
The use of a fire pit which creates a hazardous or objectionable
condition shall be prohibited. A police officer, fire officer, or
enforcement official is authorized to order the extinguishment of
a fire in a fire pit creating a hazardous or objectionable condition.
(9)
The use of the fire pit shall not be located within 15 feet
of a structure or any combustible material and 10 feet from any property
line. In no case shall the appliance be located directly under overhead
combustible construction.
(10)
The use of the fire pit shall not cause any building fire alarm
system to activate.
(11)
Guidelines when using fire pit shall include common sense, respect
for neighbors and neighborhood.
A. On corner lots where a front and/or side yard is required or provided,
no building, fence, hedge or other obstruction shall be placed so
as to interfere with clear vision between a height of 2 1/2 feet
and 10 feet above the center-line grades of the intersecting streets
in an area abounded by the street lines of such corner lots and a
line joining the points along said street lines which are 50 feet
from the point of their intersection.
B. It shall be unlawful for any property owner to permit overhanging
bushes, shrubs or trees to grow over a sidewalk where the overhang
is less than 10 feet above the sidewalk.
[Amended 10-3-1994 by FMC-294]
A. It shall be unlawful to maintain or allow to stand, in whole or in
part, any tree which has been determined to be dead or dangerous by
the Village of Flossmoor.
B. A "dangerous tree" is defined as any tree, or part thereof, which
has become likely to cause damage to any property or to fall in or
across any public way or public place.
C. The owner of the premises, upon which such dead or dangerous tree
grows or stands, shall remove such tree promptly upon notice from
the Village to remove.
[Amended 10-2-1995 by FMC-313]
A. Definitions. The following definitions shall apply in the interpretation
and enforcement of this section:
BUSINESS DISTRICT
Any district zoned for business or commercial purposes within
the Village.
DIRECTOR
The Director of Public Works or, in his absence, his duly
designated and acting representative.
ROADWAY
That portion of a street or highway improved, designed, or
ordinarily used for vehicular travel, exclusive of the berm or shoulder.
SIDEWALK
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines intended for the
use of pedestrians.
STREET or HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purpose of vehicular travel.
B. Snow and ice to be removed from sidewalks by private persons.
(1)
Every person, partnership, corporation, company or syndicate
in charge or control of any building or lot of land within the Village
fronting or abutting on a paved sidewalk in a business or multifamily
residential district, whether as owner, landlord, tenant, occupant,
or otherwise, shall remove and clear away, or cause to be removed
or cleared away, snow and ice from so much of said sidewalk as is
in front of or abuts on said building or lot of land, by eight business
hours after the cessation of any fall of snow, sleet, or freezing
rain or by the beginning of business hours of the next business day
following such fall, whichever period is shorter.
(2)
However, in the event snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity charged with its removal shall within the time mentioned in Subsection
B(1) hereof cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe; and shall then, as soon thereafter as weather permits, cause said sidewalk to be thoroughly cleaned.
C. Removal of snow and ice from public transportation systems. Every
person, partnership, corporation, company, or syndicate operating
a public transportation system within the Village employing motor
buses or trains shall remove and clear away, or cause to be removed
and cleared away, snow and ice from its passenger loading and unloading
areas and its tracks, if any. Snow and ice from its passenger loading
and unloading areas shall be removed and cleared away within the first
two hours of daylight after the cessation of any fall of snow, sleet
or freezing rain, except that if the snow and ice has become so hard
that it cannot be removed without likelihood of damage to the underlying
surface, such operator shall, within the said two-hour period, cause
enough sand or other abrasive to be put on the passenger loading and
unloading area to make walking thereon reasonably safe; and shall
then, as soon thereafter as weather permits, cause said area to be
thoroughly cleaned.
D. Snow and ice to be removed from roofs. Every person, partnership,
corporation, company, or syndicate in charge or control of any building
or other structure located in a business or multifamily residential
district, whether as owner, landlord, tenant, occupant, or otherwise,
shall remove and clear away, or cause to be removed and cleared away,
any accumulation of snow and ice on said building or other structure
which is liable to fall on any sidewalk, roadway, or other public
way. Such work shall be completed within a reasonable time, but not
later than the end of the first eight hours of daylight after the
cessation of any fall of snow, sleet, or freezing rain.
E. Depositing of snow and ice restricted. No person, partnership, corporation,
company, or syndicate shall deposit or cause to be deposited any snow
and ice on or against a fire hydrant or on any sidewalk, roadway,
or loading and unloading areas of a public transportation system.
F. Violations; work done; liability therefor.
(1)
In the event of the failure of any person, partnership, corporation,
company, or syndicate to clear away or treat with abrasives and subsequently
clear away any snow and ice from any sidewalks as hereinbefore provided,
or cause this to be done, the Director may, at his discretion as soon
as practicable after such failure, cause such work to be done.
(2)
The Director shall ascertain and keep a record of the exact
cost of all work he causes to be done in accordance with this section
on account of each act or omission of each person, partnership, corporation,
company, or syndicate; and he shall identify these persons or entities
with particularity.
(3)
Each person, partnership, corporation, company or syndicate
whose act or omission makes it necessary that the Director cause work
to be done in accordance with this section shall be liable to the
Village for the cost of such work plus a penalty of 10% of such cost.
It shall be the duty of the Director or other appropriate official
to sue for these costs and penalties, and it shall be the duty of
the Village Attorney to assist in bringing of these suits.
A. Nuisance. Any elm tree or part thereof, whether living or dead, which
is infected with or has been attacked by Caratocystis ulmi or Graphium
ulmi (commonly known as "dutch elm disease" or "elm blight"), or which
because of its condition may serve as a breeding place for smaller
European elm bark beetle, Scolytus multistraitus, and the native elm
bark beetle, Hylurgopinus rifipes, is hereby declared to be a nuisance.
It shall be unlawful to permit any elm tree or part thereof so infected
or in such condition to remain in or be brought into the Village.
B. Inspection and notification. The officers, agents, servants, or employees
of the Village of Flossmoor are hereby authorized and directed to
enter upon private property whereon there is located any elm tree
having the appearance of being dead or suspected of being infected
or diseased with dutch elm disease of elm blight for the purpose of
inspecting said dead or suspected diseased tree and, if necessary,
removing therefrom samples or portions thereof to be tested to establish
whether said tree is, in fact, dead, infected or diseased. The owner,
or his agent, or the occupant of the premises shall be notified of
the findings of all such observations or tests that will require the
removal of a dead, infected or diseased elm tree.
C. Removal by owner. It shall be the duty of the owner or occupant of
any land upon which said dead, infected or diseased elm tree or any
part thereof exists to have the same removed and destroyed within
10 days of notice of such fact by the Village of Flossmoor.
D. Removal by Village. In all cases where the owner or occupant of the
premises on which said dead, infected or diseased elm tree or part
thereof is located cannot be found, of if found and notified as aforesaid,
neglects or refuses to remove and destroy said nuisance, it shall
be lawful for the Village of Flossmoor, its officers, agents, servants
or employees, to remove and destroy said dead, infected or diseased
elm tree or part thereof, and said owner or occupant shall be charged
all costs and expenses incurred for removal and destruction. Such
costs and expenses shall be a lien on the property in accordance with
65 ILCS 5/11-20-15, to be collected by the Village by suit or otherwise,
in addition to the fine or penalty herein provided.
[Amended 7-7-2014 by Ord.
No. 2014-1783]
[Amended 8-7-1995 by FMC-311; 6-18-2001 by FMC-370]
A. Weeds declared a nuisance. Any weeds, such as jimsons, burdock, ragweed,
thistle, cocklebur, wild lettuce or other weeds of a like kind, found
growing in any lot or tract of land in the Village are hereby declared
to be a nuisance, and it shall be unlawful to permit any such weeds
to grow or remain in any such place.
B. Height. It shall be unlawful for anyone to permit any weeds, grass
or plants, other than trees, bushes, flowers or other ornamental plants,
to grow to a height exceeding eight inches on unimproved property
and five inches on improved property anywhere in the Village. Any
such plants or weeds exceeding such height are hereby declared to
be a nuisance. When cut, the clippings shall be raked and removed
from any premises where the topography is such that stormwaters will
cause the clippings to drain into storm sewers, drains, ditches, swales
or other drainage facilities.
C. Removal notice.
(1)
It shall be the duty of the Director of Public Works to serve or cause to be served annually a notice upon the owner or occupant of any vacant premises that if weeds or plants are permitted to grow in violations of the provisions of this §
215-7-18, the Director of Public Works may cause said weeds or plants to be cut without further notice.
(2)
It shall also be the duty of the Director of Public Works to serve or cause to be served a notice upon the owner or occupant of any improved premises on which weeds or plants are permitted to grow in violation of the provisions of this §
215-7-18 and to demand the abatement of the nuisance within seven days. If the person so served does not abate the nuisance within seven days, the Director of Public Works may cause said weeds or plants to be cut without further notice.
D. Collection of costs. The Director of Public Works shall keep an account of the costs incurred by the Village for cutting weeds or plants pursuant to §
215-7-18 above, including cutting and raking and removal of clippings, as required, and such costs shall be charged to and paid by such owner or occupant.
E. Lien. The charges, costs and expense for cutting plants, grass and
weeds regulated by this section shall be a lien against the property
as provided in 65 ILCS 5/11-20-6 and 11-20-7. The notice procedure
required by said statutes shall be applicable.
It shall be unlawful to permit or store any combustible refuse
in such a way as to create a fire hazard, or to store or throw away
any refuse of any kind in any alley, street or other public way in
the Village.
It shall be unlawful to deposit or leave any refuse or material
in such a place or condition that it can be blown by the wind so as
to be scattered or cause clouds of dust or particles; and it shall
be unlawful to permit the escape of soot, ashes or other solid products
or results of combustion so as to be wind-blown or scattered.
[Added 5-5-2008 by FMC-424]
A. Dumpsters may only be placed when an administrative permit has been
issued by the Zoning Administrator. The form and content of applications
for such permit shall be determined by the Zoning Administrator.
B. The term "dumpster" shall, in the context of this specific regulation,
mean a dump box, roll-off box, or any other container commonly referred
to as a "dumpster," used for the collection, storage and removal of
debris, trash, rubbish, or scrap for disposal off site, which is portable
and which is delivered and removed by vehicle.
C. Dumpsters are allowed in all zoning districts, provided they meet
the following conditions:
(1)
Only one dumpster may be located on a residential lot at a time;
(2)
No portion of any dumpster may be located within or extend onto
the right-of-way and/or easement, including but not limited to sidewalks,
parkways, streets or alleys;
(3)
The dumpster must be located on an impervious surface;
(4)
Placement of a dumpster shall be limited to 30 days per residential
lot, per calendar year; and no more than two such placements shall
occur within a continuous twelve-month period;
(5)
The dumpster shall not be used for the disposal of putrescible
animal and vegetable waster, liquid or other waste resulting from
the handling, processing, preparation, cooking and consumption of
food and all cans, bottles and other containers originally used for
food stuffs;
(6)
It shall be the responsibility of the property owner or person
being services to maintain the dumpster area free of scattered debris,
overflow and all other nuisances.
D. The restrictions and permit requirement stated in this section shall
not apply in the following instances:
(1)
Where a building permit has been issued, and the dumpster is
located on private property and is being used for the disposal of
construction debris.
(2)
Where the dumpster serves as a bulk garbage container for commercial,
institutional or multifamily buildings, rests in a semipermanent location,
has a capacity of no greater than eight cubic yards and has a lid
or other means of enclosing the container.