No building, vehicle, structure, receptacle, yard, lot, premises,
or part thereof shall be made, used, kept, maintained or operated
in the Village if such use, keeping or maintaining shall be dangerous
or detrimental to health.
Whenever the Superintendent, Mayor or Police Chief finds that
a nuisance exists, he shall direct the Village Clerk to mail (certified)
to the party responsible for the nuisance and to the party on whose
property the nuisance exists a written notice ordering that the nuisance
be abated within a reasonable time. The notice to abate shall contain:
A. A description of what constitutes the nuisance;
B. The location of the nuisance;
C. A statement of what condition or state of affairs must be achieved
in order for the nuisance to be deemed abated;
D. The date by which abatement must be completed;
E. The date by which a request for a hearing must be filed and a statement
of the procedure for so filing;
F. A statement that the responsible party has a right to appeal the
abatement order to the Village Board of Trustees;
G. A statement indicating that if the nuisance is not abated by the
date prescribed and/or if no request for hearing is made within the
time prescribed, the Village will abate the nuisance and assess the
costs against the property and/or impose a fine.
Any person ordered to abate a nuisance may have a hearing with
the Police Chief or his designated representative ordering the abatement.
A request for a hearing must be made in writing and delivered to the
Village Clerk within the time stated in the notice; otherwise, it
will be presumed that a nuisance exists and that such nuisance must
be abated as ordered. The hearing shall not be a formal trial-type
proceeding, but appropriate procedural safeguards shall be observed
to ensure fairness. At the conclusion of the hearing, the Police Chief
or his designated representative shall render his decision and the
reasons therefor in writing. If he finds that a nuisance exists, he
shall order it abated within an additional time, which must be reasonable
under the circumstances.
If the person ordered to abate a nuisance fails to do so, or
if the nuisance poses an emergency, the Village may perform the required
action to abate. Any Village official who is authorized to abate any
nuisance as defined in this chapter shall have authority to engage
the necessary assistance and to incur the necessary expenses therefor.
The official who abates a nuisance shall keep an accurate account
of the expenses incurred. The itemized expense shall be filed with
the Village Clerk, who shall pay such expenses on behalf of the Village.
(See 65 ILCS 6/11-60-2.)
If the person notified to abate a nuisance shall neglect or
refuse to comply with the requirements of such notice by abating such
nuisance within the time specified, such person shall be guilty of
a violation of this chapter. The Village shall not be required to
issue another notice where the condition or violation is at first
abated but later resumed and/or repeated.