[8-3-1987]
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 Village are hereby declared to be a nuisance and it shall
be unlawful to permit any such weeds to grow or remain in any such
place.
[8-3-1987; amended 8-20-2012]
It shall be unlawful for anyone to permit any weeds, plants,
or grass, other than trees, bushes, flowers or other ornamental plants
to grow to a height exceeding six inches anywhere in the Village;
and such plants, weeds or grass exceeding such height are hereby declared
to be a nuisance.
[8-3-1987; amended 6-4-2007; 8-2012]
It shall be the duty of the Superintendent of Public Works or
his designee to serve or cause to be served a notice upon the owner
or occupant of any premises on which weeds, grass or plants are permitted
to grow in violation of the provisions of this chapter, and to demand
the abatement of the nuisance within three days.
[8-3-1987; amended 8-2012]
If the person so served does not abate the nuisance within three
days after such notice, the Superintendent of Public Works may proceed
to abate such nuisance, keeping an account of the expense of the abatement
and such expenses shall be charged to and paid by such owner or occupant.
[8-3-1987]
A.
Charges for weed cutting shall be a lien upon the premises as provided
by statute. Whenever a bill for weed cutting remains unpaid, the Village
Clerk may file with the County recorder of deeds or registrar of titles,
a statement of lien claim.
B.
The failure of the Village Clerk to record such lien claim or to
mail such notice or the failure of the owner to receive such notice,
shall not affect the right to foreclose the lien, for unpaid bills
for weed cutting, as provided by statute.
[9-2-2008(1)]
In the event the Village abates the nuisance pursuant to this
section, in addition to the charges for weed cutting, the owner or
occupant of the premises on which the nuisance exists is civilly liable
for an administrative penalty of $100 for the first violation, $200
for the second violation in any twenty-four-month period, $300 for
a third violation in a twenty-four-month period, and $400 for the
fourth violation in any twenty-four-month period, and $500 for the
fifth and subsequent violations during any twenty-four-month period.
A.
Prior to imposing an administrative penalty, the Village Superintendent
of Public Works or his designee shall serve a notice of the imposition
of such penalty to the owner or occupant of said premises and notify
of them of their right to request a hearing. Said request for hearing
shall be in writing.
B.
Whenever the owner or occupant of the premises requests a hearing
in writing, the Village shall conduct a hearing within 24 hours after
the request, excluding Sundays and holidays. All interested parties
shall be given an opportunity to be heard at the hearing. The formal
rules of evidence will not apply. Hearsay evidence shall be admissible.
If after the hearing the hearing officer determines by a preponderance
of the evidence that a violation exists, and that a specified number
of violations have existed within a twenty-four-month period, the
hearing officer shall impose a penalty upon the owner or occupant
of the premises. Said hearing shall be conducted by the police chief
or his designee.
C.
If an administrative penalty is imposed pursuant to this section,
such penalty shall constitute a debt due and owing to the Village.
