[HISTORY: Adopted by the Board of Trustees of the Village of Oakwood at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
As used in this chapter, a "public nuisance" shall mean any act, thing, occupation, condition or use of property which shall be of such a nature and shall continue for such length of time as to do any of the following:
Substantially annoy, injure or endanger the comfort, health, enjoyment of public property, repose or safety of the public.
Greatly offend the public morals or decency.
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous the passage any street, alley, highway, navigable body of water or other public way.
Interfere with the quiet enjoyment of the property of adjoining property owners.
Public nuisances shall include but not be limited to the following acts, conduct, omissions, conditions or things:
Altered, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
Carcasses of household pets or other animals not buried or otherwise disposed of in a sanitary manner within 12 hours after death;
Accumulations of garbage in a manner in which flies, mosquitoes, disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed. For purposes of this chapter, "garbage" means any waste, animal or vegetable, such as but not limited to waste material and refuse from kitchens, residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming houses and boardinghouses, and all other deleterious substances.
Accumulations of refuse in which flies, mosquitoes, disease-carrying insects, rodents, or other vermin may breed or may reasonably be expected to breed. For purposes of this chapter, "refuse" means waste, rubbish, garbage, trash, or any material of any kind that has been discarded, rejected, cast aside or thrown away as worthless, except body wastes.
All stagnate water in which mosquitoes, flies or other insects may multiply.
Containers with garbage or refuse which are not covered by solid, tightly fitted lids or which have any uncovered holes and where at least weekly removal of garbage or refuse is not provided.
Harbors or aids in harboring rats, snakes, or vermin;
Harbors or hosts diseases or insects which may reasonably be expected to injure other forms of life (except the harboring of insects, such as those commonly called "ladybugs," used for pest control);
Are prohibited by law or ordinance, including but not limited to noxious weeds;
By reason of its location and condition constitutes an imminent danger to any person or property;
Hinders the removal of accumulation of junk, garbage and debris;
Is unmanaged and in excess of eight inches, provided that cultivated flowers, ornamentals, or food plants shall be presumed to be managed vegetation; provided, further, that vegetation in excess of eight inches shall be presumed unmanaged (unless predominately composed of cultivated flowers, ornamentals, cultivated wildflowers or food plants), including vegetation which obstructs the view or passage on any street, alley or other public way.
Any use of property, substances or things within the Village, admitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable member or persons within the Village.
Any structure or building that is in a state of dilapidation, deterioration or decay, is of faulty construction, is open to intrusion, abandoned, damaged by fire to the extent as not to provide shelter, is extremely unsound, in danger of collapse or failure, and endangers the health and safety of the public.
Any inoperable, unlicensed or abandoned vehicle which is stored outside, except at a place of business licensed to store junk vehicles. For purposes of this chapter, "inoperable vehicle" shall mean any vehicle not in working order or that lacks current legal registration.
Any vehicle parked on private property except on a weed-free surface made of gravel, crushed stone, asphalt or Portland cement concrete.
Dumpsters, trash containers, or trash container stands located on a public right-of-way unless the dumpster is owned, leased or under the control of the Village; provided that trash containers may be placed on the publicly owned area adjacent to the pavement on the day the trash in the container is scheduled for removal by a trash hauler.
Locating or maintaining a stable, pig sty or privy within 15 feet of any public street or within 25 feet of any residence.
Locating or maintaining and placing within the Village, or within a radius of one mile outside of the Village, any slaughterhouse, packing house, rendering establishment or bone factory, or suffering or permitting any premises at any place within said limits, used for any said purposes, to become foul or offensive.
Encroaching upon or obstructing any street, alley or public ground with any building, fence, or structure of any kind.
Constructing or maintaining any sign, earth embankment, fence, hedge, tree or shrub obstructing a clear view of any corner of a road or street intersection.
Constructing or maintaining any sign, earth embankment, fence, hedge, tree or shrub obstructing a clear view of any corner of a road, street or intersection.
Owning, maintaining or keeping a premises unfit for human habitation or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of unsanitary conditions likely to cause contagious diseases, sickness, or annoyance to persons residing in said premises or residing in close proximity thereto.
Producing or permitting to be produced, whether on public or private property, any offensive noise to the disturbance of the peace and quiet of any person residing in the vicinity.
Grading, filling, excavating or otherwise altering real property in a manner which causes an unreasonable amount of water to be discharged onto an adjoining property.
Other actions, conduct, omissions, conditions or things found or specified in the Code of the Village of Oakwood as nuisances or as public nuisances.
No owner, leaseholder or occupant of property within the Village limits or places under the control of such persons shall permit any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding five inches anywhere within the Village; any such plants exceeding such height are hereby declared to be a nuisance.
[Amended 6-11-2018 by Ord. No. 18-6-11-2]
Removal notice. It shall be the duty of the Chief of Police or a representative of his department to serve or cause to be served a notice upon the owner or occupant of any premises in which weeds or plants are permitted to grow in violation of this chapter and to demand the abatement of the nuisance within five days.
[Amended 6-11-2018 by Ord. No. 18-6-11-2]
Abatement. If the person so served does not abate the nuisance within five days, Village officials may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner or occupant.
[Amended 6-11-2018 by Ord. No. 18-6-11-2]
Liens. Charges for such weed removal shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 30 days after it has been rendered, the Clerk may file with the Recorder of Deeds of Vermilion County a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred and the date the weeds were cut, and a notice that the Village claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises, if his address is known.
No person shall erect, contrive, cause, continue, maintain or permit to exist, by act or omission, any public nuisance outside of any building or on any private property within the Village limits.
The procedures and remedies set forth in § 200-5 may be used in the alternative or in consonance with or in lieu of any other remedy or procedure authorized by law for the removal or abatement of nuisances.
Upon determining that a public nuisance exists on private property and that there is a danger to the public health, safety, peace, quiet enjoyment, morals or decency, a Village official shall cause a notice to be delivered to the owner or occupant of the private property where the public nuisances exist or upon the person causing, permitting or maintaining such nuisance, if such owner, occupant or person causing the nuisance can be found, and shall place a copy of the notice on the premises where the public nuisance exists.
Such notice shall describe the public nuisance and shall direct the owner and the occupant of the private property where a public nuisance exists or the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 10 days of the mailing or posting of the notice. If the owner, occupant or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is abated or removed, the Village may cause it to be abated or removed, that the costs thereof will be charged to the owner, occupant or person causing, committing or maintaining the nuisance and that such cost shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant or person to abate the nuisance as required by such notice shall be deemed an implied consent for the Village to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the Village.
If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the Village may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.
The owner or occupant of the private property where the public nuisance exists and who fails to abate or to remove the nuisance as required by the section thereby consents, under the terms of this section, to have the Village abate or remove the nuisance at the expense of said owner or occupant.
In addition to abating or as an alternative to abating the public nuisance, the Village may pursue an ordinance violation against the owner, occupant, or person committing, causing, permitting or maintaining such nuisance or all three of said individuals for violation of this chapter. A separate offense shall be deemed committed on each day on which a violation of this chapter continues for 10 days after the mailing of a notice pursuant to this chapter. Any person in violation shall be fined not less than $50 nor more than $750 for each violation.
The provisions for remedying and/or abating violations of this chapter are in addition to other applicable remedies, including but not limited to an action for an injunction.