[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.
A.
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.
B.
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.
C.
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.
D.
Water pollution: the obstruction or pollution of any watercourse
or source of water supply in the City.
E.
Stagnant water: any stagnant pool of water in the City.
F.
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.
G.
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.
H.
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.
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.
B.
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.
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.
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.
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.
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.
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.
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]
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]
Noise: disturbing the peace. No person shall make or allow to
be made, or to continue or cause to be made or continued, or allow
to be continued, any loud, raucous or jarring noise which either annoys,
disturbs, injures or endangers the comfort, repose, convenience, health,
peace or safety of reasonable persons within the area of audibility.
The following acts, among other, are hereby declared to be loud, raucous
or jarring noises and a nuisance in violation of this section, but
said enumeration shall not, in any way, be deemed to be exclusive,
namely:
[Added 6-8-2022 by Ord.
No. 22-04]
Radios, phonographs, etc.: The playing, using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, television receiving set or other
machine or device for the producing or reproducing of sound in such
a manner as to disturb the peace, quiet and comfort of reasonable
persons who are in the room, chamber, vehicle or outdoor area, within
the City limits, in which or where such machine or device is played,
used or operated and who are not voluntarily listeners thereto. The
operation of such set, instrument, phonograph, machine or device between
the hours of 11:00 p.m. and 7:00 a.m. in such manner as to be plainly
audible at a distance of 50 feet from the location of such set, instrument
or device shall be prima facie evidence of a violation of this section.
Loudspeakers, amplifiers for advertising, etc.: The playing,
using, operating or permitting to be played, used or operated of any
radio receiving set, musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for the producing or reproducing
of sound which is cast upon the public streets of the City for the
purpose of advertising or of attracting attention of the public to
any building or structure.
Yelling, shouting, etc.: Yelling, shouting, hooting, whistling
or singing on the public streets of the City, particularly between
the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so
as to annoy or disturb the peace, quiet, comfort or repose of reasonable
persons in any office, or in any dwelling, hotel or other type of
residence, or of persons in the vicinity, within the limits of the
City.
Animals, birds, etc.: The keeping of any animal or bird shut
up or tied up in any yard, enclosure, stable or other place within
the City which, by barking, howling, crying, singing or causing frequent
or long-continued loud and raucous noise, shall disturb the comfort
or repose of reasonable persons within the vicinity.
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.
[Amended 6-8-2022 by Ord.
No. 22-04]
A.
The procedure for nuisance abatement shall be as follows:
(1)
Identify property in need of attention/intervention.
(3)
The Waverly Police Department will document the violation(s) in the
form of photographs and report listing the violation(s).
(5)
The City Clerk will send a second notice informing the property owner that the time for abatement has passed. A statement of charges for abating a nuisance under the provisions of Article I of this chapter 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.
(6)
If nothing is done after the thirty-day period, the City Attorney
will be contacted to begin the legal process through which the City
will take the necessary action to ensure compliance.
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:
A.
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 11-6-2018 by Ord. No. 18-6]
B.
Abatement by City.
(1)
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:
(2)
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
C.
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.
D.
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]
