[HISTORY: Adopted by the Board of Trustees of the Village
of Oakwood at time of adoption of Code (see Ch. 1, General Provisions,
Art. I). Amendments noted where applicable.]
As used in this chapter, a "public nuisance" shall mean any
act, thing, occupation, condition or use of property which shall be
of such a nature and shall continue for such length of time as to
do any of the following:
A.
Substantially annoy, injure or endanger the comfort, health, enjoyment
of public property, repose or safety of the public.
B.
Greatly offend the public morals or decency.
C.
Unlawfully and substantially interfere with, obstruct or tend to
obstruct or render dangerous the passage any street, alley, highway,
navigable body of water or other public way.
D.
Interfere with the quiet enjoyment of the property of adjoining property
owners.
Public nuisances shall include but not be limited to the following
acts, conduct, omissions, conditions or things:
A.
Altered, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public;
B.
Carcasses of household pets or other animals not buried or otherwise
disposed of in a sanitary manner within 12 hours after death;
C.
Accumulations of garbage in a manner in which flies, mosquitoes,
disease-carrying insects, rodents, or other vermin may breed or may
reasonably be expected to breed. For purposes of this chapter, "garbage"
means any waste, animal or vegetable, such as but not limited to waste
material and refuse from kitchens, residences, grocery stores, butcher
shops, restaurants, cafes, hotels, rooming houses and boardinghouses,
and all other deleterious substances.
D.
Accumulations of refuse in which flies, mosquitoes, disease-carrying
insects, rodents, or other vermin may breed or may reasonably be expected
to breed. For purposes of this chapter, "refuse" means waste, rubbish,
garbage, trash, or any material of any kind that has been discarded,
rejected, cast aside or thrown away as worthless, except body wastes.
E.
All stagnate water in which mosquitoes, flies or other insects may
multiply.
F.
Containers with garbage or refuse which are not covered by solid,
tightly fitted lids or which have any uncovered holes and where at
least weekly removal of garbage or refuse is not provided.
G.
Vegetation which:
(1)
Harbors or aids in harboring rats, snakes, or vermin;
(2)
Harbors or hosts diseases or insects which may reasonably be expected
to injure other forms of life (except the harboring of insects, such
as those commonly called "ladybugs," used for pest control);
(3)
Are prohibited by law or ordinance, including but not limited to
noxious weeds;
(4)
By reason of its location and condition constitutes an imminent danger
to any person or property;
(5)
Hinders the removal of accumulation of junk, garbage and debris;
(6)
Is unmanaged and in excess of eight inches, provided that cultivated
flowers, ornamentals, or food plants shall be presumed to be managed
vegetation; provided, further, that vegetation in excess of eight
inches shall be presumed unmanaged (unless predominately composed
of cultivated flowers, ornamentals, cultivated wildflowers or food
plants), including vegetation which obstructs the view or passage
on any street, alley or other public way.
H.
Any use of property, substances or things within the Village, admitting
or causing any foul, offensive, noisome, nauseous, noxious or disagreeable
odors, or stenches extremely repulsive to the physical senses of ordinary
persons which annoy, discomfort, injure or inconvenience the health
of any appreciable member or persons within the Village.
I.
Any structure or building that is in a state of dilapidation, deterioration
or decay, is of faulty construction, is open to intrusion, abandoned,
damaged by fire to the extent as not to provide shelter, is extremely
unsound, in danger of collapse or failure, and endangers the health
and safety of the public.
J.
Any inoperable, unlicensed or abandoned vehicle which is stored outside,
except at a place of business licensed to store junk vehicles. For
purposes of this chapter, "inoperable vehicle" shall mean any vehicle
not in working order or that lacks current legal registration.
K.
Any vehicle parked on private property except on a weed-free surface
made of gravel, crushed stone, asphalt or Portland cement concrete.
L.
Dumpsters, trash containers, or trash container stands located on
a public right-of-way unless the dumpster is owned, leased or under
the control of the Village; provided that trash containers may be
placed on the publicly owned area adjacent to the pavement on the
day the trash in the container is scheduled for removal by a trash
hauler.
M.
Locating or maintaining a stable, pig sty or privy within 15 feet
of any public street or within 25 feet of any residence.
N.
Locating or maintaining and placing within the Village, or within
a radius of one mile outside of the Village, any slaughterhouse, packing
house, rendering establishment or bone factory, or suffering or permitting
any premises at any place within said limits, used for any said purposes,
to become foul or offensive.
O.
Encroaching upon or obstructing any street, alley or public ground
with any building, fence, or structure of any kind.
P.
Constructing or maintaining any sign, earth embankment, fence, hedge,
tree or shrub obstructing a clear view of any corner of a road or
street intersection.
Q.
Constructing or maintaining any sign, earth embankment, fence, hedge,
tree or shrub obstructing a clear view of any corner of a road, street
or intersection.
R.
Owning, maintaining or keeping a premises unfit for human habitation
or dangerous or detrimental to life, safety or health because of lack
of repair, defects in the plumbing system, lighting or ventilation,
the existence of unsanitary conditions likely to cause contagious
diseases, sickness, or annoyance to persons residing in said premises
or residing in close proximity thereto.
S.
Producing or permitting to be produced, whether on public or private
property, any offensive noise to the disturbance of the peace and
quiet of any person residing in the vicinity.
T.
Grading, filling, excavating or otherwise altering real property
in a manner which causes an unreasonable amount of water to be discharged
onto an adjoining property.
V.
Other actions, conduct, omissions, conditions or things found or
specified in the Code of the Village of Oakwood as nuisances or as
public nuisances.
A.
No owner, leaseholder or occupant of property within the Village
limits or places under the control of such persons shall permit any
weeds, grass or plants, other than trees, bushes, flowers or other
ornamental plants, to grow to a height exceeding five inches anywhere
within the Village; any such plants exceeding such height are hereby
declared to be a nuisance.
[Amended 6-11-2018 by Ord. No. 18-6-11-2]
B.
Removal notice. It shall be the duty of the Chief of Police or a
representative of his department to serve or cause to be served a
notice upon the owner or occupant of any premises in which weeds or
plants are permitted to grow in violation of this chapter and to demand
the abatement of the nuisance within five days.
[Amended 6-11-2018 by Ord. No. 18-6-11-2]
C.
Abatement. If the person so served does not abate the nuisance within
five days, Village officials may proceed to abate such nuisance, keeping
an account of the expense of the abatement, and such expense shall
be charged to and paid by such owner or occupant.
[Amended 6-11-2018 by Ord. No. 18-6-11-2]
D.
Liens. Charges for such weed removal shall be a lien upon the premises.
Whenever a bill for such charges remains unpaid for 30 days after
it has been rendered, the Clerk may file with the Recorder of Deeds
of Vermilion County a statement of lien claim. This statement shall
contain a legal description of the premises, the expenses and costs
incurred and the date the weeds were cut, and a notice that the Village
claims a lien for this amount. Notice of such lien claim shall be
mailed to the owner of the premises, if his address is known.
A.
No person shall erect, contrive, cause, continue, maintain or permit
to exist, by act or omission, any public nuisance outside of any building
or on any private property within the Village limits.
B.
The procedures and remedies set forth in § 200-5 may be used in the alternative or in consonance with or in lieu of any other remedy or procedure authorized by law for the removal or abatement of nuisances.
C.
Upon determining that a public nuisance exists on private property
and that there is a danger to the public health, safety, peace, quiet
enjoyment, morals or decency, a Village official shall cause a notice
to be delivered to the owner or occupant of the private property where
the public nuisances exist or upon the person causing, permitting
or maintaining such nuisance, if such owner, occupant or person causing
the nuisance can be found, and shall place a copy of the notice on
the premises where the public nuisance exists.
D.
Such notice shall describe the public nuisance and shall direct the
owner and the occupant of the private property where a public nuisance
exists or the person causing, permitting or maintaining such nuisance
to abate or remove such nuisance within 10 days of the mailing or
posting of the notice. If the owner, occupant or person cannot be
located after reasonable inquiry, posting shall be sufficient notice.
The notice shall state that unless such nuisance is abated or removed,
the Village may cause it to be abated or removed, that the costs thereof
will be charged to the owner, occupant or person causing, committing
or maintaining the nuisance and that such cost shall be a lien on
the real property where the nuisance was abated or removed. Such notice
shall also state that the failure of such owner, occupant or person
to abate the nuisance as required by such notice shall be deemed an
implied consent for the Village to abate or remove such nuisance.
Such implied consent shall be deemed to form a contract between such
owner, occupant or person and the Village.
E.
If a nuisance is not abated or removed after notice pursuant to this
section and within the time specified in the notice, the Village may
cause the abatement or removal of such public nuisance. The reasonable
cost thereof shall be a lien on the real property where the nuisance
was abated or removed.
F.
The owner or occupant of the private property where the public nuisance
exists and who fails to abate or to remove the nuisance as required
by the section thereby consents, under the terms of this section,
to have the Village abate or remove the nuisance at the expense of
said owner or occupant.
A.
In addition to abating or as an alternative to abating the public
nuisance, the Village may pursue an ordinance violation against the
owner, occupant, or person committing, causing, permitting or maintaining
such nuisance or all three of said individuals for violation of this
chapter. A separate offense shall be deemed committed on each day
on which a violation of this chapter continues for 10 days after the
mailing of a notice pursuant to this chapter. Any person in violation
shall be fined not less than $50 nor more than $750 for each violation.
B.
The provisions for remedying and/or abating violations of this chapter
are in addition to other applicable remedies, including but not limited
to an action for an injunction.
