[Ord. No. 12-504 §§1 —
4, 3-12-2012]
A. Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
STORM WATER
Rainfall runoff, snow melt runoff and surface runoff and
drainage.
STORM WATER MANAGEMENT FACILITY
Structure and constructed feature designed for the collection,
conveyance, storage, treatment and disposal of storm water runoff
into and through the storm water system. Storm water management facilities
include vegetative or structural measures, or both, to control the
increased volume, rate, and quality of storm water runoff caused by
man-made changes to land.
B. Any
private storm water management facility located on any lot or land
shall be a public nuisance for failure to maintain the private storm
water management facility if it has conditions impairing its proper
operation, including, but not limited to, excessive sediment, extensive
ponding of water, rubbish, and trash, noxious weeds or invasive plants
or nuisance plants exceeding twelve (12) inches in height, or any
material which is unhealthy or impacts the proper operation of the
private storm water management facility, and it is declared to be
a public nuisance.
C. When
a public nuisance as described above exists, the Code Enforcement
Official shall so declare and give written notice to the owner of
the property by personal service, certified mail, if otherwise unsuccessful,
by publication. Such notice shall, at a minimum:
1. Declare that a public nuisance exists;
2. Describe the condition which constitutes such nuisance;
3. Order the correction, removal or abatement of such condition within
twenty (20) days from the date of service of such notice;
4. Inform the owner that he or she may file a written request for a
hearing before the Code Enforcement Official on the question of whether
a nuisance exists upon such property; and
5. State that if the owner fails to begin correcting the nuisance within
time allowed, or upon failure to pursue the correction of such nuisance
without unnecessary delay, the Code Enforcement Official will have
the option to cause the condition which constitutes the nuisance to
be corrected, removed or abated and that the cost of such condition,
removal or abatement may be included in a special tax bill or added
to the annual real estate tax bill for the property and collected
in the same manner and procedure for collecting real estate taxes.
D. If
the owner of such property fails to begin correcting the nuisance
within the time allowed, or upon failure to pursue the removal of
such nuisance without unnecessary delay, the Code Enforcement Official
may cause the condition which constitutes the nuisance to be corrected.
If the Code Enforcement Officer causes such condition to be corrected,
removed or abated, the cost of such repair shall be certified to the
Village Clerk who shall cause the certified cost to be included in
a special tax bill or added to the annual real estate tax bill, at
the collecting official's option, for the property and the certified
cost shall be collected by the Village Collector or other official
collecting taxes in the same manner and procedure for collecting real
estate taxes. If the certified cost is not paid, the tax bill shall
be considered delinquent, and the collection of the delinquent bill
shall be governed by the laws governing delinquent and back taxes.
The tax bill from the date of its issuance shall be deemed a personal
debt against the owner and shall also be a lien on the property until
paid.