[HISTORY: Adopted by the President and Board of Trustees
of the Village of Sidney 3-6-1995 by Ord. No. 95-01. Amendments noted where applicable.]
The plants and weeds listed in § 241-2 of this chapter are hereby declared to be a nuisance. It shall be unlawful for any person owning, possessing, or being in control of any lot or tract of real estate in the Village of Sidney, Illinois, to have any of such plants or weeds growing outside on such lot or tract.
The plants and weeds which are declared a nuisance by § 241-1 hereof shall include the following plants and weeds:
A.
Plants which cause the dispersion of pollen which can cause hay fever
by plants such as: common ragweed (Ambrosia artemisiifolia L.) and
giant ragweed (Ambrosia trifida L.).
B.
Plants which cause the occurrence of toxic or injurious vegetation
by plants such as: jimson weed (Datura stramonium L.), poison hemlock
(Conium maculatum L.), poison ivy (Toxicodendron radicans) and poison
sumac (Rhus raducans L.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
The occurrence of plants defined as noxious weeds in 505 ILCS 100/1
et seq.
D.
Johnson grass and all perennial sorghums [Sorghum halepense (L) Pers.],
Canada thistle [Cirsium arvense (L) Scop., and perennial nutans L.],
marijuana (Cannabis sativa L.), and perennial sow thistle (Sonchus
arvensis L.).
E.
Burdock, cocklebur and wild lettuce.
F.
Tall, common, or European barberry, further known as "Berberis vulgaris,"
and its horticultural varieties.
G.
Plants which aid in the breeding or harboring of rats.
H.
Plants which hinder the expedient removal of useless junk and debris
of practically no value.
It shall be the duty of the President and Board of Trustees,
or the designee of either, to serve or cause to be served a notice
upon the owner or occupant of any premises on which weeds or plants
are permitted to grow in violation of the provisions of this chapter
and to demand the abatement of the nuisance within a period of not
less than seven days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If the person so served does not abate the nuisance within seven
days, an enforcement person designated by the President and/or Board
of Trustees may enter upon the subject property without liability
for trespass and proceed to abate such nuisance by cutting and/or
removing and/or destroying such plants and weeds, keeping an account
of the expenses of the abatement, and such expense shall be charged
and paid by such owner or occupant. The Village is not required to
abate such nuisance, however.
A.
The cost of the nuisance abatement authorized by § 241-4 shall be a lien upon the real estate affected as provided by 65 ILCS 5/11-20-7. Whenever a bill for such nuisance abatement remains unpaid for 15 days, the Village Clerk shall file, within 60 days after the cost and expense of such nuisance abatement is incurred, a notice of lien with the Recorder of Deeds of Champaign County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The notice shall consist of a sworn statement setting out:
C.
A copy of such notice shall be mailed by the Village Clerk to the
owner of the premises, if his address is known to the Clerk, but such
mailing is not necessary to establish the validity of the Village's
lien.
D.
Property subject to a lien for such unpaid bills shall be sold for
nonpayment of the same, and the proceeds of the 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 Village.
E.
The Village Attorney is hereby authorized and directed to institute
such proceedings in the name of the Village in any court having jurisdiction
over such matter, against any property for which such nuisance-abatement
bill remains unpaid after the filing of the Village's notice of lien.
The Village may, to the extent allowable under state law, also recover
its foreclosure costs, including its reasonable attorney's fees, from
the proceeds of sale.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any person, firm, or corporation violating any of the provisions of this chapter shall be fined not more than $750 for each offense; and a separate offense shall be deemed committed on each day during or on which such nuisance continues unabated after seven days from receipt of the notice required by § 241-3.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Any fine imposed shall be in addition to the Village's costs of removing
the plants and weeds and abating the nuisance under this chapter.
The Village authorities may determine, within the preceding fine range,
the fine deemed appropriate, and if such fine is voluntarily paid,
no further proceedings are necessary. If the fine is not paid, the
Village Attorney may prosecute the offender in the appropriate court
for imposition of fines and any necessary injunctive relief to abate
the nuisance(s).
