As used in this chapter, the following terms shall have the
following meanings:
BRUSH
Uncultivated woody shrubs and immature trees.
GRASS
Herbaceous ornamental plants intended to be periodically
cut close to the ground for the establishment of a lawn or ground
covering. Grass may also be used for ground covering for the establishment
of drainage swales, flood routes or water detention basins.
OWNER
Includes an individual or individuals, society, club, firm,
partnership, corporation or any other association of persons or entity
of any kind. The singular number shall include the plural number.
NOXIOUS PLANTS
Those plants that are dangerous to the physical health of
humans, animals or plants, or capable of causing damage to humans,
animals or plants. Noxious plants shall include, but not be limited
to, poison ivy, multiflora rose, and Japanese knotwood.
RUBBISH[Added 6-8-2016 by L.L. No. 6-2016]
A.
Lumber, junk, trash, debris, building materials, or any other
deleterious materials.
B.
Any abandoned, discarded or unused objects or equipment, such
as, but not limited to, automobile parts, furniture, stoves, refrigerators,
freezers, appliances, cans, containers, or vehicle tires.
C.
Any compost pile which is of such a nature to spread, harbor
disease, emit unpleasant odors or gas, attract rodents, vermin or
other disease carrying pests, animals or insects.
D.
Any unsanitary matter or materials.
WEEDS
Wild, useless and generally undesirable plants growing at
random in inappropriate locations.
[Amended 7-11-2012 by L.L. No. 12-2012]
A. If the owner, upon proper service of a notice, neglects or refuses
to comply with the notice within five days of service, the Town shall
cause such brush, grass, rubbish, weeds or noxious plants on such
real property to be cut and removed. The actual cost of such cutting
and removal, and grading if necessary, plus a twenty-five-percent
fee for inspection and administrative overhead, shall be certified
to the Town Clerk and shall thereupon become a lien upon the real
property on which such work was performed and shall be added to and
become part of the taxes next to be assessed and levied upon such
lot or land and shall bear interest at the same rates as taxes and
shall be collected and enforced by the same officer and in the same
manner as taxes.
Where the violation or condition existing on the real property
is of such a nature as to constitute an immediate threat to human
health or safety unless abated without delay, the Town may either
cause the violation to be abated or order the owner to correct the
violation within a period of time not to exceed three days, and upon
failure to do so, the condition may be abated pursuant to and subject
to the provisions of this chapter.
A violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $250 or imprisonment for a period
not to exceed 15 days, or both. Such violation shall not be a crime
and the penalty or punishment imposed shall not be deemed for any
purpose a penal or criminal penalty or punishment, and shall not impose
any liability upon or affect or impair the credibility as a witness,
or otherwise, of any person convicted thereof. Each week's continued
violation shall constitute a separate and additional offense.
Where the real property was subject to a previous proceeding
under this chapter relative to a same or a similar violation within
120 days prior to the recurrence of the violation, then the Town may
cause the violation to be abated or order the owner to correct the
violation within a period of time not to exceed three days, and upon
failure to do so, the condition may be abated pursuant to and subject
to the provisions of this chapter.
[Added 7-11-2012 by L.L. No. 12-2012]
The owner of lands in the Town of Cicero shall be liable for
any injury or damage by reason of omission, failure or negligence
to maintain or repair such property. In the event the Town is forced
to take remedial measures pursuant to this Code section, the owner
is liable for any dangerous conditions Town employees, contractors
or agents may encounter when forced to enter the premises to take
remedial action.
[Added 7-11-2012 by L.L. No. 12-2012]
If any paragraph, section, sentence or portion of a sentence
of this article shall be found and determined to be invalid, unlawful
and/or unconstitutional, such determination shall not invalidate or
void any other paragraph, section, sentence or portion thereof, and
such other parts thereof shall remain in full force and effect unless
and until legally revoked, modified and/or amended.