[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Board may make reasonable and general rules for
the enforcement of the provisions of this chapter and for the prevention
of the creation of health nuisances and the protection of the public
health and welfare and may, where appropriate, require the issuance
of licenses and permits. All such regulations shall have the same
effect as ordinances, and any person violating any of such regulations
and any lawful order of the Board shall be subject to the general
penalty provided for in this Code.
No person shall deposit or cause to be deposited in any public
street or on any public ground or on any private property not his
own any refuse, garbage, litter, waste material or liquid or any other
objectionable material or liquid. When any such material is placed
on the person's own private property, it shall be properly enclosed
and covered so as to prevent the same from becoming a public nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Natural lawns defined. Natural lawn as used in this section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in §
322-4 of this chapter. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the Village corporate limits unless a natural lawn management plan is approved and a permit is issued by the Village as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
B. Natural lawn management plan defined.
(1) "Natural lawn management plan," as used in this section, shall mean
a written plan relating to the management and maintenance of a lawn
which contains a legal description of lawn upon which the planted
grass will exceed eight inches in length, a statement of intent and
purpose for the lawn, a detailed description of the vegetational type,
plants and plant succession involved, and the specific management
and maintenance techniques to be employed.
(2) Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information on the form provided
by the Village. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to most current Village records. Natural lawn management plans shall
only indicate the planting and cultivating of natural lawns on property
legally owned by the property owner. Applicants are strictly prohibited
from developing a natural lawn on any Village-owned property, including
street rights-of-way. This shall include at a minimum property located
between the sidewalk and the street or a strip not less than 10 feet
adjacent to the street where there is no sidewalk, whether the area
is under public or private ownership. In addition, natural lawns shall
not be permitted within 10 feet of the abutting property owner's property
unless waived, in writing, by the abutting property owner on the side
so affected. Such waiver is to be affixed to the lawn management plan.
(3) Any subsequent property owner who abuts an approved natural lawn
may revoke the waiver, thereby requiring the owner of the natural
lawn to remove the natural lawn that is located in the ten-foot section
abutting the neighboring property owner. Such revocation shall be
put in writing and presented to the Village Clerk by the subsequent
abutting property owner. Upon receiving the written request to revoke
the original waiver, the Village Board shall contact the owner of
the approved natural lawn and direct the owner to remove the natural
lawn located in the ten-foot section abutting the neighboring property.
The Village Board shall revise the approved natural lawn permit accordingly.
The owner of the approved natural lawn shall be required to remove
the ten-foot section abutting the neighboring property within 20 days
of receipt of the written notification from the Village, provided
the notification is received some time between May 1 and November
1. Property owners who receive notification from the Village between
November 1 and April 30 shall be required to remove the ten-foot section
abutting the neighboring property no later than May 20 following receipt
of the notification.
[Amended 11-17-2022 by Ord. No. 2022-6]
C. Application process.
(1) Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
from the Village Clerk. The completed application shall include a
natural lawn management plan. Upon submitting a completed application,
a nonrefundable filing fee as set forth on the Village Fee Schedule
will be assessed by the Village. Upon receiving payment, copies of
the completed application shall be mailed by the Village to each of
the owners of record, as listed in the Office of the Village Assessor,
who are owners of the property situated wholly or in part within 300
feet of the boundaries of the properties for which the application
is made. If, within 15 calendar days of mailing the copies of the
complete application to the neighboring property owners, the Village
receives written objections from 51% or more of the neighboring property
owners, the Village Clerk shall immediately deny the application.
Neighboring property owners shall be defined as all those property
owners who are located within 300 feet of the proposed natural lawn
site.
[Amended 11-17-2022 by Ord. No. 2022-6]
(2) If the property owner's application is in full compliance with the
natural lawn management plan requirements and less than 51% of the
neighboring property owners provide written objections, the Village
Board may issue a two-year permit to install a natural lawn.
D. Application for appeal. The property owner may appeal the Village
Clerk's decision to deny the natural lawn permit request to the Village
Board at an open meeting. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural lawn
management plan. The decision rendered by the Village Board shall
be final and binding.
[Amended 11-17-2022 by Ord. No. 2022-6]
E. Safety precautions for natural grass areas.
(1) When, in the opinion of the Fire Chief, the presence of a natural
lawn may constitute a fire or safety hazard due to weather and/or
other conditions, the Fire Chief may order the cutting of natural
lawns to a safe condition. As a condition of receiving approval of
the natural lawn permit, the property owner shall be required to cut
the natural lawn within three days upon receiving written direction
from the Fire Chief.
(2) Natural lawns shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the lawn management plan. The Fire Chief shall review
all requests to burn natural lawns and shall determine if circumstances
are correct and all applicable requirements have been fulfilled to
ensure public safety. Burning of natural lawns shall be strictly prohibited
unless a written list of requirements for considering each request
to burn natural lawns is fulfilled, thereby ensuring the public safety.
In addition, the property owner requesting permission to burn the
natural lawn shall produce evidence or property damage and liability
insurance identifying the Village as a party insured. A minimum amount
of acceptable insurance shall be $300,000.
F. Revocation of an approved natural lawn permit. The Village President,
upon the recommendation of the Weed Commissioner, shall have the authority
to revoke an approved natural lawn permit if the owner fails to maintain
the natural lawn or comply with the provisions set forth in this section.
Notice of intent to revoke an approved natural lawn permit shall be
appealable to the Village Board. All applications for appeal shall
be submitted within 15 calendar days of receipt of the written notice
of intent to revoke the approved natural lawn permit. Failure to file
an application for appeal within the 15 calendar days shall result
in the revoking of the natural lawn permit. All written applications
for appeal filed within the fifteen-calendar-day requirement shall
be reviewed by the Village Board in an open meeting. The decision
rendered by the Village Board shall be final and binding.
G. Public nuisance defined; abatement after notice.
(1) The growth of a natural lawn as defined in this section shall be
considered a public nuisance unless a natural lawn management plan
has been filed and approved and a permit is issued by the Village
as set forth in this section. Violators shall be served with a notice
of public nuisance by certified mail to the last-known mailing address
of the property owner.
(2) If the person so served with a notice of public nuisance violation
does not abate the nuisance within 10 days, the enforcement officer
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 property owner. Notice of the bill for abatement of the public
nuisance shall be mailed to the owner of the premises and shall be
payable within 10 calendar days from receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
Village Clerk shall enter those charges onto the tax roll as a special
tax as provided by state statute.
[Amended 11-17-2022 by Ord. No. 2022-6]
(3) The failure of the Village Clerk to record such claim or to mail
such notice or the failure of the owner to receive such notice shall
not affect the right to place the Village expense on the tax rolls
for unpaid bills for abating the public nuisance as provided for in
this section.
[Amended 11-17-2022 by Ord. No. 2022-6]
H. Penalty.
(1) Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty of the Code found in §
1-4.
(2) In addition to any penalties herein provided, the Village may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued building permit for any violation of this section.