[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.
[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.