[HISTORY: Adopted by the City Council of the City of Waverly as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 13 of the 1973 Code]
It shall be unlawful for any person to maintain or permit the existence of any nuisance on any property within the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The various nuisances herein described and enumerated in this section and in the definition of "nuisance" in § 200-10 of this chapter shall not be deemed to be exclusive, but shall be in addition to all other nuisances described and prohibited in this Code.
Things interfering with peace or comfort: sounds, animals or things which interfere with the peace or comfort or disturb the quiet of any person in the City.
Obnoxious or offensive odors: the emission of obnoxious and offensive odors, or the tainting of the air, rendering it offensive and/or unwholesome so as to affect the health or comfort of persons residing in the neighborhood thereof.
Discharging of offensive matter: the placing or throwing or discharging from any house or premises, and flow from or out of any house or premises, of any filthy, foul or offensive matter or liquid of any kind, into any street, alley or public place, or upon any adjacent lot or ground.
Water pollution: the obstruction or pollution of any watercourse or source of water supply in the City.
Stagnant water: any stagnant pool of water in the City.
Emission of dense smoke: the emission of dense smoke from any fire, chimney, engine, oil burner or other agency in the City so as to cause annoyance or discomfort to the public. For the purpose of testing and grading the density of smoke, the Ringelmann Smoke Chart as published and used by the United States Geological Survey shall be the standard for such grading, and smoke shall be defined as and declared to be dense when it is of a degree of density of number three on the chart, or greater, for more than six minutes in any one hour, whether such period of time is consecutive or not.
Certain weeds: any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind found growing in any lot or tract of land in the City.
Maximum height permitted: any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding 12 inches anywhere in the City.
The Chief of Police and the Health Officer are each hereby authorized to abate any nuisance existing in the City, whether such nuisance is one specifically recognized by ordinance or not.
It shall be the duty of the City Clerk 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 article and to demand the abatement of the nuisance within 10 days.
If the person served by a notice issued pursuant to the provisions of this article does not abate the nuisance within the time stated in such notice, the City may proceed to abate such nuisance.
Any cost or expense incurred by the City in the abatement of a nuisance pursuant to the provisions of this article shall be paid by the owner of the property involved, and the City shall have a lien against such property for the same.
A statement of charges for abating a nuisance under the provisions of this article shall be mailed to the owner of the property involved; and where such bill remains unpaid for 30 days after it has been rendered, the City Clerk may file with the Recorder of Deeds of the county a statement of lien claim. This statement shall contain the legal description of the property involved, the amount of the unpaid bill, and a notice that the City claims a lien for this amount as well as for all charges for abating such nuisance subsequent to the period covered by the bill.
The failure of the City Clerk to record such lien claim shall not affect the right to foreclose such lien.
Property subject to a lien for unpaid charges for abatement of a nuisance under the provisions of this article shall be sold for nonpayment of the same and the proceeds of such sale shall be applied to pay the charges after deducting all costs incurred in and about the foreclosure of such lien.
The Corporation Counsel is hereby authorized to institute such proceedings in the name of the City in any court having jurisdiction over such matters against any property for which the charge for abating a nuisance under this article has remained unpaid for a period of 30 days after a bill therefor has been rendered to the owner of the property involved.
[Adopted 9-6-2005 by Ord. No. 05-3]
As used in this article, the following terms shall have the meanings indicated:
- The City of Waverly, Morgan County, Illinois.
- Metal products, nails, metal strips and shavings, cans, machinery, furniture and fixtures, construction materials, concrete, bricks, blocks, shingles, siding and aluminum trim or other similar items.
- DECAYED ANIMAL OR VEGETABLE MATTER AND GARBAGE
- Putrescible animal and vegetable waste resulting from the handling, preparing, cooking and consumption of food and any items subject to rapid decay, putrefaction and generation of noxious gases or odors, not including, however, compost piles.
- GOLF CART
- A vehicle specifically designed and intended for the purposes of transporting one or more persons and their golf clubs or maintenance equipment while engaged in the playing of golf, supervising the playing of golf, or maintaining the condition of the grounds on a public or private golf course.
- Any icebox, refrigerator, stove, washer, dryer and other household appliances or other similar items.
- Paper products, newspapers, magazines, books, cartons and wrappings or other similar items.
- The elected Mayor, acting Mayor or Mayor Pro Tem of the City.
- A. The accumulation of and storage of decayed animal or vegetable matter, garbage, trash, rubbish, debris, junk or litter or any other matter whatsoever in or on which flies, mosquitoes, disease-carrying insects, rats or other vermin may live or breed.
- B. Emissions of any noxious odors, foul odors, offensive odors, noisome odors, nauseous odors, gases, vapors, or stench repulsive to the senses of ordinary persons which are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to or disease of persons.
- C. The keeping or harboring of any animal or fowl which frequently or habitually howl, yelp, bark, crow or make other noises which greatly annoy or disturb a neighborhood or any considerable number of persons within the City.
- D. To construct, maintain or keep any building or structure in an unsanitary condition, or in an unsafe, dangerous or uninhabitable condition, or which in any manner endangers the health or safety of any person or the safety of any person's property. Every building or part thereof which is in an unsanitary condition by reason of being open to the elements, infestation by insects or vermin, or by the basement or cellar being damp or wet, or by reason of the floor of such basement or cellar being covered with stagnant water, or by reason of the presence of sewer gas, or by reason of any portion of the building being infected with disease or being unfit for human habitation, or by reason of any other unsanitary condition, is a source of sickness or which endangers the public health, is hereby declared to be a public nuisance.[Added 9-6-2016 by Ord. No. 16-9]
- E. In all cases where no provision is made defining what are nuisances and how the same may be removed, abated or prevented, in addition to what may be declared such herein, those offenses which are known to the common law of the land and the statutes of Illinois as nuisances may be treated as such, and proceeded against as is provided in this article, or in accordance with any other provision of law.[Added 9-6-2016 by Ord. No. 16-9]
- To ride in or on, other than as a passenger, use or control in any manner the operation of a golf cart.
- Textile products, rags, shoes and articles of clothing or other similar items.
- Glass, porcelain, bedding, packing materials, wood products, boxes, barrels, excelsior or other similar items.
The existence of any nuisance as herein defined within the City is hereby expressly prohibited unless otherwise allowed by the City Zoning Ordinance.
The Mayor, upon observing any violation of this article, shall issue a notice directed to the owner of record of the property on which said nuisance occurs, as shown in the records of the Recorder of Deeds, Morgan County, Illinois, or to the occupant of said property, or to both, which said notice shall describe the violation and shall establish a reasonable time limit for the abatement thereof by such owner or occupant, which shall not be less than five days nor more than 10 days after service of such notice.
Any police officer of the City shall serve the notice herein provided for upon the owner or occupant of the property where such nuisance exists, or upon both of them, and shall make the officer's return upon a copy of such notice, showing the time of service, the person upon whom it was served, or the manner in which it was served.
Any citizen of the City who observes a violation of this article may file his or her affidavit setting forth in detail the violation, its location and the name and address of the owner and occupant of the property on which such nuisance is alleged to exist, and may file such affidavit with the Mayor, who shall make an investigation of such charge, and if such nuisance is found to exist, may issue a notice to the owner or occupant of the property as provided in § 200-12 of this article.
Immediately upon termination of the time allowed in any such notice, the Mayor shall investigate to determine whether or not such nuisance has been abated.
In the event the owner or occupant of the property where such nuisance exists has failed within the prescribed time to abate such nuisance, the Mayor may take action as follows:
Serve a citation upon the owner or occupant, or both, charging a violation or violations of this article and requiring the appearance of the owner or occupant, or both, before the Circuit Court for the Seventh Judicial Circuit, Morgan County, Illinois, and requesting that the owner of the property, or the occupant thereof, or both, be punished as follows: Any property owner or any occupant of property who violates this article shall be guilty of a misdemeanor punishable by a fine of not less than $250 nor more than $750.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Abatement by City.
Where the alleged nuisance involves garbage or debris, the corporate authorities of the City may provide for the removal of garbage and debris from the private property of the owner when the owner, after reasonable notice, refuses or neglects to remove such garbage and debris, and the City may collect from such owner the reasonable costs thereof. The cost thereof shall be a lien upon the real estate affected by the nuisance, superior to all subsequent liens and encumbrances except tax liens, if, within 60 days after such cost and expense is incurred, the City, or the person performing the services by authority of the City in his or its own name, files a notice of lien in the office of the Recorder of Deeds of Morgan County, Illinois. The notice shall consist of a sworn statement setting out:
The lien of the City shall not be valid as to any purchaser whose rights in and to the subject real estate have arisen subsequent to removal of the garbage and debris and prior to the filing of such notice, and the lien of the City shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to the subject real estate arise prior to the filing of such notice. Upon payment of the costs and expenses by the owner or other person interested in such real estate after the notice of lien has been filed, the lien shall be released by the City or the person in whose name the lien has been filed and the release may be filed of record as in the case of notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics liens. An action to foreclose the lien shall be commenced within two years after the date of filing notice or lien; or
In any case where the City has removed or provided for the removal of any nuisance as defined in this article from the private property of the owner, the City may bring an action for a money judgment against the owner or owners of the real estate from which the nuisance arose in the amount of the costs to the City for such removal, and file a judgment lien against all of the real estate of the owner or owners, and enforce that lien as provided by the laws of the State of Illinois.
Direct the City's attorney to commence appropriate legal proceedings in a court of competent jurisdiction to enforce this article and to abate a nuisance. The City shall be entitled to recover from the violator its reasonable attorney's fees, recording fees, court costs, publication costs, costs of any engineers, contractors, appraisers or other individuals associated with the enforcement of this article, the abatement of any nuisance, and legal proceedings related thereto.
[Added 9-6-2016 by Ord. No. 16-9]