[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:
A.
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public; or
B.
In any way render the public insecure in life or in the use of property;
or
C.
Greatly offend the public morals or decency; or
D.
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:
A.
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public;
B.
Carcasses of animals, birds or fowl not buried or otherwise disposed
of in a sanitary manner within 24 hours after death;
C.
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;
D.
All stagnant water in which mosquitoes, flies or other insects can
multiply;
E.
Garbage cans which are not fly-tight;
F.
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;
G.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, creamery or industrial wastes or other
substances;
H.
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;
I.
All abandoned wells not securely covered or secured from public use;
J.
Any obstruction in or across any watercourse, drainage ditch or ravine;
K.
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;
L.
Weeds and grass.
[Added by Ord. No. 6-16-03C; amended by Ord. No.
06-07-04B]
(1)
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]
(2)
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.
(3)
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.[1]
(4)
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.
M.
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[2]]
N.
Infestations.
[Added by Ord. No. 11-21-16]
(1)
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.
(2)
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.
(3)
Occupant notification of infestation to structure owner.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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:
A.
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.
B.
All gambling devices and slot gambling.
C.
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.
D.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
All use or display of fireworks except as provided by the laws of
the State of Illinois and ordinances of the City.
F.
All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
G.
All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface of the street or ground.
H.
All loud and discordant noises or vibrations of any kind.
I.
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.
J.
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
K.
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.
L.
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.
M.
Any advertisements or signs affixed to any building, wall, fence,
sidewalk, street or other private or public property without permission
of the owner thereof.
N.
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.
A.
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]
B.
Summary abatement.
(1)
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.
(2)
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.
C.
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.
D.
Twenty-four-hour abatement.
[Added by Ord. No. 10-01-07A[1]]
(1)
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.
(2)
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.
(3)
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.[1]
A.
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.
B.
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.
C.
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.[1]
D.
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[1]]
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.
