[1983 Code]
Whatever is dangerous to human health, or renders ground, water,
air or food dangerous or injurious to human health, and the following
specific acts, conditions and things, each and all of them, are hereby
declared to constitute nuisances.
A.
General Nuisances. 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 be nuisances under the common law of the land, the Statutes
of Illinois and other ordinances of this Village may, in case the
same exists within the Village limits, be treated as such, and proceeded
against as provided in this chapter.
B.
Offensive Deposits.
1.
The deposit or accumulation of any foul, decaying or putrescent substance,
or other offensive matter, in or upon any private or public place.
2.
The storage of any foul, decaying or putrescent matter, in liquid
or solid form, in any vault, cesspool or other receptacle.
3.
The overflow of any foul liquid or the escape of any gases to such
an extent that the same shall become or be likely to become hazardous
to health or shall by reason of offensive odors, become a source of
discomfort to persons living in or passing by the vicinity thereof.
4.
To cause or suffer the carcass of any animal or any offal, filth
or noisome substance to be collected, deposited or to remain in any
place, to the prejudice of others.
C.
Water Pollution, Accumulation.
1.
To throw or deposit any offal or other offensive matter, or the carcass
of any dead animal in any watercourse, lake, pond, spring, well or
common sewer or public place.
2.
To corrupt or render unwholesome or impure the water of any spring,
river, stream, pond or lake to the injury or prejudice of others.
3.
The accumulation of water in which mosquito larvae may breed.
D.
Buildings.
1.
To erect, continue or use any building or other place for the exercise
of any trade, employment or manufacture, which, by occasioning noxious
exhalations, offensive smells or otherwise, is offensive or dangerous
to the health of individuals or to the public.
2.
A building or a portion of a building occupied as a dwelling which
is not lighted and ventilated by means of, at least, one window in
each room, said room opening to the outer air.
3.
A building or dwelling unit in said building which is not provided
with a plentiful supply of pure water.
4.
A building or dwelling unit in said building which is not provided
with at least one water closet.
5.
A building or dwelling unit in said building which is not provided
with one sink for each family, sink to be connected to the sewerage
system or a properly constructed cesspool if no sewer main is available.
E.
Public Ways, Obstructions. To obstruct or encroach upon public highways,
private ways, streets, alleys, commons, landing places and ways to
burying places.
F.
Advertising. To advertise wares or occupation by painting notices
of the same on, or affixing them to fences or other private property,
or on rocks or other natural objects, without the consent of the owner,
or if in the highway or other public place, without permission of
the corporate authorities.
G.
Spitting. It shall be unlawful to spit or expectorate in or on any
public place, or in or on the premises of any store, theater, hall,
public vehicle or other place frequented by the public or to which
the public is invited.
H.
Landfill. It shall be unlawful to fill any lot, parcel or piece of
property with garbage. Property which is filled with stones, concrete
or other similar material excluding soil, shall be leveled and covered
with a minimum of three inches of soil. This provision shall not apply
to the Village garbage dump.
[1983 Code]
It shall be unlawful for any person to permit, or maintain the
existence of any nuisance in fact on any property under the control
of said person, whether such nuisance is specifically recognized by
this chapter or not.
[1983 Code]
A.
Notice. When a nuisance is created, or in fact exists, notice of
same shall be given to the person who created or caused such nuisance.
If such person is unknown, then notice shall be given to the person
occupying the land where said nuisance is located. Notice shall also
be given to the person who is listed as the person who is obligated
to pay the general taxes on said property as disclosed by the tax
rolls in County Collector's office. The notice shall be in writing
and delivered in person to the person entitled to notice or sent by
registered or certified mail. The notice shall contain a description
of the nuisance location and shall direct that the nuisance is abated
within five days after the delivery of said notice. If said nuisance
is not abated within five days, then the Chief of Police or the Building
Commissioner and/or Health Officer may take the necessary steps to
abate the nuisance.
B.
Abatement. The Chief of Police and the Building Commissioner and/or
Health Officer are hereby authorized to abate any such nuisance after
notice as provided above. In the event of any imminent danger to the
health and safety of the Village and its citizens, the nuisance may
be abated summarily by the Chief of Police or the Building Commissioner
and/or Health Officer.
[5-3-1988]
If any person is found guilty of the violation of one or more
of the above-described unlawful acts, that person shall be fined not
less than $100 and not more than $500 for each and every violation.
[7-21-1997]
All expenses incurred by the Thornton Fire Department or
any other public agency assisting the Thornton Fire Department as
a result of any removal or remedial action.
A unit of local government or volunteer fire protection organization
that provide:
Any building, structure, installation, equipment, pipe or
pipeline including but not limited to any pipe into a sewer or publicly
owned treatment works, well, pond, lagoon, impoundment, ditch, landfill,
storage container, tank, motor vehicle, truck trailer, rolling stock
or aircraft. Also, any site or area where a hazardous material has
been deposited, stored, disposed of, or otherwise managed.
Any material, substance or mixture of materials or substances
which are toxic, flammable, corrosive, explosive, carcinogenic or
radioactive including but not limited to, any substance or material
which is designated as a hazardous material pursuant to the "Hazardous
Material Transportation Act" (49 U.S.C. § 1801 et seq.)
in a quantity and form which may pose a substantial present or potential
hazard to human health, property or the environment when improperly
released, treated, stored, transported, disposed of, or otherwise
managed.
Any action taken by the Thornton Fire Department or any public
agency pursuant to an intergovernmental agreement, including but not
limited to any agreement that is part of the Mutual Aid Box Alarm
System ("MABAS").
Any spilling, leaking, pumping, pouring, emitting, escaping,
discharging, injecting, leaching, dumping, or disposing of a hazardous
material into or on any land, air, water, well, stream, sewer or pipe
so that such hazardous material or any constituent thereof may enter
the environment.
Any action consistent with permanent, remedy taken instead
of, or in addition to removal actions in the event of a release or
threatened release of a hazardous material into the environment, to
prevent or minimize the release of a hazardous materials so that they
do not migrate to cause a substantial present or potential hazard
to human health, property or the environment. The term includes but
is not limited to, such actions at the location of release as storage,
confinement, perimeter protection using dikes, trenches, or ditches,
clay cover, neutralization, cleanup of released hazardous materials
or contaminated materials, recycling or reuse, diversion, destruction,
segregation or reactive wastes, repair or replacement of leaking containers,
collection of leachate and runoff, on-site treatment or incineration,
provision of alternate water supplies, and any monitoring reasonably
required to assure that such actions protect the public health and
welfare and the environment.
The cleanup or removal of released hazardous materials from
the environment, such actions as may be necessary or appropriate to
monitor, assess, and evaluate the release or threat of release of
hazardous materials, the disposal of removed material, or the taking
of such action as may be necessary to prevent, minimize or mitigate
damage to the public health or welfare of the environment.
Any removal or remedial action.
Any person, company, firm, corporation, business, partnership,
an unincorporated association, association, estate, trust, joint venture
or legal entity or their legal representative, agent or assign. Also
any unit of federal, state or local government.
[7-21-1997]
No person shall cause, threaten or allow the release of hazardous
materials into the environment unless such release is in accordance
with an appropriate permit granted by the Illinois Environmental Protection
Agency or other state or federal agency having primary jurisdiction
over the release and such release is in such place and manner as will
not create a substantial present or potential hazard to human health,
property or the environment.
[7-21-1997]
A.
The Fire Chief or his authorized representative shall have authority
to respond to any release or threatened release of hazardous materials
within the territory of the Village of Thornton or affecting the public
water supply, wells or sewage treatment works located within the Village
of Thornton or pursuant to any lawful intergovernmental agreement
of which the Thornton Fire Department is a party. This authority includes,
but is not limited to, remedial action and removal.
B.
The Fire Chief shall have primary authority to respond to any release
or threatened release of hazardous materials as described above. The
Fire Chief shall report any release or threatened release of hazardous
materials to appropriate federal, state and local public health, safety
and emergency agencies within 24 hours of any substantial release
of hazardous materials. The Fire Chief shall relinquish his response
authority at such time, if any, as the federal, state or local public
health, safety or emergency agency having primary jurisdiction over
the release or threatened release has assumed responsibility for response
to the release or threatened release.
C.
The Fire Chief, during such time as response authority is vested
in him, shall be authorized to utilize all Department personnel and
equipment and he may, in his sole discretion, take such remedial or
removal action as he may deem necessary or appropriate to respond
to the release of hazardous material.
D.
All responding personnel shall cooperate with and operate under the
direction of the Fire Chief or other person then exercising response
authority under this article until such time as the person exercising
such response authority has determined that the response is complete
or responsibility for response is assumed by the federal, state or
local public health, safety or emergency agency having primary jurisdiction
over the release or threatened release.
E.
The person exercising response authority under this article shall
coordinate and/or cooperate with other federal, state or local public
health, safety or emergency response agencies involved in response
to the release or threatened release of hazardous materials.
[7-21-1997]
A.
Notwithstanding any other provision or rule of law, and subject only to the defenses set forth in § 6-1B-5 hereof, the following persons shall be jointly and severally liable for all costs of removal and remedial action incurred by the Village of Thornton as a result of a release or threatened release of a hazardous material:
1.
The owner and operator of a facility or vessel from which there was
a release or substantial threat of release of a hazardous material.
2.
Any person who, at the time of disposal, transport, storage or treatment
of a hazardous material, owned or operated the facility or vessel
used for such disposal, transport, treatment or storage from which
there was a release or substantial threat of a release of any such
hazardous material.
3.
Any person who by contract, agreement, or otherwise has arranged
with another party or entity for transport, storage, disposal or treatment
of hazardous materials owned, controlled or possessed by such person
at a facility owned or operated by another party or entity from which
facility there is a release or substantial threat of a release of
such hazardous materials.
4.
Any person who accepts or accepted any hazardous materials for transport
to disposal, storage or treatment facilities from which there is a
release or substantial threat of a release of hazardous substances.
[7-21-1997]
There shall be no liability under § 6-1B-4 hereof for a person otherwise liable who can establish that the release or substantial threat of release of a hazardous material and the damages resulting in accordance with any of the permitted defenses enumerated in 415 ILCS 5/22.2.
[7-21-1997]
A.
Any person who is liable for the release or threatened release of
a hazardous material who fails without sufficient cause to pay for
or provide removal or remedial action upon or in accordance with a
notice and request of the Thornton Fire Department, or in accordance
with any order of any court having jurisdiction on the matter, shall
be liable to the Village of Thornton for any costs incurred by the
Thornton Fire Department as a result of such failure to provide or
take such removal or remedial action, together with the cost of any
removal or remedial action taken by the Thornton Fire Department in
accordance with the ordinance, and all attorneys' fees and related
legal costs incurred in connection therewith.
B.
In addition, any such person shall be guilty of a violation of this article, shall be fined not less than $100 nor more than $1,000 for each offense. A separate offense shall be deemed committed for each day on which a violation occurs or continues. Where such violation is found to be the result of willful and/or wanton conduct or gross negligence, or the person committing such violation attempts to evade responsibility hereunder by leaving the scene of the occurrence or by other means, that person shall be subject to a fine as provided for above or a fine in an amount equal to three times the costs including attorneys' fees and legal costs, for which it is liable under Subsection A whichever is greater.
C.
Charges for removal or remedial action when rendered by the Thornton
Fire Department or to any other responding agency rendering mutual
aid or assistance to the Thornton Fire Department shall be as follows:
1.
The reasonable cost of each vehicle responding as determined by the
responding agency, but in no case less than $75 per hour, per vehicle;
and
2.
The cost of all personnel including any overtime costs to the Village
of Thornton or to any responding agency, incurred as a result of the
removal or remedial action; and
3.
The cost of all materials and equipment use, expended, depleted,
destroyed or removed from service in accordance with federal, state
or local ordinance as a result of the mitigation or containment operations
if or at the request of the Thornton Fire Department or any responding
agency.
