The purpose of this chapter is to promote the health and welfare
of the Village and to regulate the use, condition and appearance of
property within the Village by declaring conditions caused by the
accumulation of weeds, trash, waste materials, and the use of property
for refuse or rubbish dumps to be public nuisances; and to compel
owners, occupants or people in control of property to abate nuisances.
No person owning, occupying or in control of any real property,
public or private, within the Village shall allow or permit a public
nuisance to remain on a lot or parcel.
The following are declared to be public nuisances:
A. Except as provided in §
312-4 below, weeds which have obtained the height of 12 inches are in the seed-bearing state. For purposes of this section, weeds include, but are not limited to, rank vegetation which emits unpleasant, unhealthy or noxious odors or pollen, or any high growth of rank vegetation, including grasses, which might conceal rubbish, waste materials and trash or constitutes a fire hazard. The above prohibition shall not apply to undeveloped properties within the Village limits that have obtained a prairie permit from the Village pursuant to §
312-4.
[Amended 4-17-2013 by Ord. No. 266]
B. Any junk, garbage, debris, waste or other similar offensive or unsightly
material.
C. Any dead trees or shrubbery.
D. Any materials which might constitute a nesting place for rats.
[Added 4-17-2013 by Ord.
No. 266]
A. Eligible lots. Prairie permits may only be issued for property consisting of two or more contiguous lots. Eligible lots must not abut improved properties on two or more boundaries and must maintain a mown buffer zone of no less than 10 feet from the established property line of any improved abutting property and a mown buffer zone of no less than 15 feet from any street or road right-of-way. Property owners that have obtained a prairie permit must continue to maintain a mown buffer zone according to the terms and conditions of the prairie permit or be subject to abatement pursuant to §§
312-5 and
312-6 below.
B. Permit required. Permits shall be required for all property seeking prairie exception status under §
312-4A above.
C. Application. Applications for prairie permits shall be obtained from
the Village offices by the property owner of record. Issued permits
shall be valid for one year.
D. Fee. The rate to be charged and collected by the Village for such
permit shall be established by resolution of the Village Council.
[Amended 6-21-2010 by Ord. No. 262]
The Village shall notify, in person or by first class mail,
the person listed as owner of the real property as shown in the office
of the Village Treasurer or give personal notice to the owner, agent
or occupant of the property to eradicate, abate or remove, by any
appropriate method, a public nuisance. The failure to receive such
notice shall not constitute a defense in any action to enforce payment
of any fine or debt created under this chapter.
[Amended 6-21-2010 by Ord. No. 262]
Upon the failure of the owner, agent or occupant of the property,
after 10 days from notice from the Village to abate the public nuisance,
the Village or its agent may enter upon the land and abate the public
nuisance, and all expenses incurred shall be paid by the owner of
the property. In the case of weeds, grass or vegetation in excess
of 12 inches high or in the seed-bearing state, the owner or occupant
shall be given 48 hours to abate the nuisance.
The Village shall have a lien on the real property from which
the public nuisance was removed until paid by the owner, if it has
not been paid prior to the preparation of the next tax assessment
roll. Such amount shall be assessed as a special tax against the property
on the assessment roll and collected in all respects as other taxes
under the general tax laws of this state.
[Added 6-15-2015 by Ord.
No. 275; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A violation of any section of this chapter is a misdemeanor punishable as provided in §
1-6 of the Village Code.