[HISTORY: Adopted by the City Council of the City of Mendota as Ch. 12 of the 1998 Code. Amendments noted where applicable.]
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.
Generally, a public nuisance is a thing, act, occupant, 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.
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 § 204-2 of this chapter:
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 of 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;
All stagnant water in which mosquitoes, flies or other insects can multiply;
Garbage cans which are not fly-tight;
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 to threaten or cause substantial injury to property;
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
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;
All abandoned wells not securely covered or secured from public use;
Any obstruction in or across any watercourse, drainage ditch or ravine;
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;
Weeds and grass.
[Added by Ord. No. 6-16-03C; amended by Ord. No. 06-07-04B]
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur, or other weeds of a like kind, found growing in any lot or tract of land in the City are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in such place. It shall be unlawful for anyone to permit any weeds not mentioned above, grass or plants, other than trees, bushes or flowers or other ornamental plants, to grow to a height exceeding six inches anywhere in the City; any such plants or weeds exceeding such height are hereby declared to be a nuisance.
[Amended by Ord. No. 07-02-18A]
The Building Inspector for the City, or if not available, the Chief of Police or City Clerk, is hereby authorized and empowered to contract and pay for the cutting, destroying and/or removal of weeds, grass or deleterious or unhealthful growths or other noxious matter prohibited by this chapter, or to order removal by the City.
The costs of any contract, cutting, destroying or removal pursuant to this subsection shall be set from time to time by the City Council. This subsection is in addition to any fines which may be imposed by § 204-8. The notice-to-owner provisions contained in § 204-6B(1) shall continue to be 24 hours.
Lien. Charges for destruction of weeds or mowing of grass shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 15 days after it has been rendered, the Clerk may file with the Recorder of Deeds of LaSalle County a statement of lien claim. Property subject to a lien for unpaid weed or grass cutting charges shall be sold for nonpayment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name of the City.
It is a nuisance to deposit garbage, excrement or any filthy or offensive substances upon any lot, street, alley, highway, park or other public place or upon the private property of another. The owner or any person in control of any pet shall be responsible for the immediate removal and sanitary disposal of excrement deposited in accordance with Chapter 118, Animals, § 118-18, of the City Code. Failure to immediately clean up shall constitute a nuisance.
[Added by Ord. No. 07-16-07A]
[Added by Ord. No. 11-21-16]
Infestation. All multifamily structures, including structures that consist of both residential and commercial units, and structures which share a wall or walls with another structure, shall be kept free from infestations of insects (including, but not limited to, bedbugs, cockroaches and disease-carrying insects), rats or other vermin. All such structures in which insects are found shall be promptly exterminated by approved processes. This shall not apply to single-family detached homes or detached business structures that have no residential units within or attached thereto.
Owner responsible for extermination. The owner of any structure shall be responsible for extermination of an insect or vermin infestation, if necessary, prior to renting or leasing the structure, in addition to the other responsibilities as set forth in this section.
Occupant notification of infestation to structure owner.
Any occupant that observes an insect or vermin infestation must report said infestation, in writing, to both the owner of the structure and the Zoning Officer or Building Inspector of the City of Mendota.
Within seven days of the tenant's notification of the owner and Zoning Officer or Building Inspector, the owner must present to the Zoning Officer or Building Inspector either a written inspection report of no infestation or a written service/extermination plan. The report or plan must be from a state-licensed pest control company.
If there is an infestation, the owner must complete the written service/extermination plan within 30 days from the initial written notice to the owner and Zoning Officer or Building Inspector, and provide written proof of the completion of the service/extermination plan to the Zoning Officer or Building Inspector.
If the owner fails to comply with the procedures set forth in this section, then the City may enforce the provisions of this section against the owner in accordance with the processes set forth in this Chapter 204.
Any person violating any provision of this section, or any rule or regulation adopted or issued in pursuance thereof, shall, upon conviction, be subject to a fine of not less than $50 nor more than $500, and the costs of prosecution.
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 offending public morals and decency coming within the definition of § 204-2 of this chapter:
All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or restored for the purpose of prostitution, promiscuous sexual intercourse or gambling.
All gambling devices and slot gambling.
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 for by this Code.
All places or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
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 § 204-2 of this chapter:
All buildings erected, repaired or altered within the fire limits of the City in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within the district.
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 or display of fireworks except as provided by the laws of the State of Illinois and ordinances of the City.
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground.
All loud and discordant noises or vibrations of any kind.
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.
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
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.
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.
Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof.
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.
Inspection of premises. Whenever a complaint is made by a citizen to the Mayor, Building Inspector or Mendota Police Department that a public nuisance exists, or has existed in the City, the Mayor, Building Inspector, or Police Department or their designated representatives may inspect the premises to determine whether a public nuisance exists on private property. Upon a finding that a public nuisance exists, any persons whose interests, rights, or property are particularly affected or the City may file a formal non-traffic complaint in addition to the abatement proceedings set forth in this Chapter 204.
[Amended by Ord. No. 6-16-03C; Ord. No. 07-16-07A]
Notice to owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is a great and immediate danger to the public health, safety, peace, morals or decency, the 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 costs thereof to the owner, occupant, or person causing, permitting or maintaining the same, as the case may be.
Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Building Inspector, or some other City official whom the Mayor shall designate, shall cause the abatement or removal of such 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 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.
[Added by Ord. No. 10-01-07A]
The City of Mendota, LaSalle County, Illinois shall serve notice to the property owner by phone and/or letter that the nuisance must be abated within 24 hours of said notice in a legal and established method.
In the case that the responsible party does not take steps to remedy the nuisance, the City of Mendota, LaSalle County, Illinois shall see to it that the nuisance is abated after the twenty-four-hour time period in a manner determined by the City of Mendota.
The owner of the property shall be billed 1 1/2 times the actual cost of the disposal of the nuisance plus any other costs associated with the removal.
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.
It is unlawful for any person or persons or corporations to maintain, keep or suffer to be kept within the corporate limits of the City of Mendota facilities, buildings or exterior premises in a foul, nauseous, filthy or offensive condition; or keep or suffer to be kept within the corporate limits of the City of Mendota inoperative or abandoned vehicles, machinery, appliances or household items which may cause injury, discomfort, annoyance or devaluation of property values of any of the inhabitants of the City of Mendota, and any person or persons or corporations who or which shall maintain or keep vehicles as above mentioned or machinery or appliances or household items shall be deemed guilty of keeping and maintaining a nuisance.
Repair. As used in this section, "inoperative motor vehicle" means any motor vehicle from which, for a period of at least seven days or any greater period fixed by ordinance, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. "Inoperative motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
Fine. All inoperative motor vehicles, and all other violations described in Subsection A, whether on public or private property, and in view of the general public are declared to be a nuisance and the City shall be authorized to fine anyone convicted of violating this section as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code.
Violation. Upon a violation of this section, the City shall give a written notice to the person or corporation violating this section to abate said nuisance or violation within seven days of receipt of the notice. The City is hereby authorized to abate said nuisance or to remove said inoperative motor vehicle or other nuisance hereunder. Nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operative historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in wrecking or junking motor vehicles.
[Added by Ord. No. 07-16-07A]
Any person, firm, corporation or other entity violating any provisions of this chapter shall be fined as set forth in Chapter 1, Article III, Penalties and Enforcement, of the City Code. This section shall apply to all fines levied in this chapter, but shall not prohibit any other legal action contained in this chapter for abatement of nuisances.