[Ord. No. 1995-63]
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur, other weeds of a like kind, including such weeds that may occur in association with the production of agricultural crops including, but not limited to, corn, soybeans, wheat and hay found growing on any lot or tract of land in the City are hereby declared to be a nuisance as endangering the health, safety and welfare of the public. It shall be unlawful for any owner of such real estate to permit any such weeds to grow or remain on any such property to the extent that it shall be each owner's responsibility to prohibit such growth and an owner of any such real estate shall not have to have knowledge of such prohibited growth to be in violation of this Ordinance.
[Ord. No. 1995-63]
Any vegetation, including but not limited to, trees, bushes, grass, flowers and other plants, found to be dead, overgrown or improperly maintained as set forth in the provisions of §§ 21-804 and 21-805 or the waste of such vegetation found to remain on any real estate in the City other than provided for in § 21-808 is hereby declared to be a nuisance as endangering the health, safety, welfare and property value of the public. It shall be unlawful for any owner of such real estate to permit dead, overgrown and improperly maintained vegetation to remain on any such property to the extent that it shall be each owner's responsibility to maintain such vegetation under the provisions of §§ 21-806 and 21-807, and an owner of such real estate shall not have to have knowledge of improper maintenance of vegetation to be in violation of this Ordinance.
[Ord. No. 2003-91]
It shall be unlawful for any owner of real estate in the City to permit any grass or plants, other than trees, bushes, flowers, agricultural or other ornamental plants, to grow to a height exceeding eight inches anywhere in the City to the extent that it shall be each owner's responsibility to prohibit such excessive growth, and an owner of any such real estate shall not have to have knowledge of such growth to be in violation of this Ordinance. Any such grass or plants exceeding such height are hereby declared to be nuisance.
[Ord. No. 1995-63]
It shall be unlawful for any owner of real estate in the City to permit the overgrowth of vegetation on any such property causing detriment to neighboring properties or property values or causing a hazardous condition to pedestrian and/or vehicular traffic, and/or likely to harbor rats, vermin, mosquitoes and other nuisances. It shall be each owner's responsibility to remove such overgrowth, and an owner of any such real estate shall not have to have knowledge of such overgrowth to be a violation of this Ordinance.
[Ord. No. 1995-63]
It shall be unlawful for any owner of real estate in the City to permit to remain on any such property any dead trees, dead bushes, dead weeds, or other dead vegetation. It shall be each owner's responsibility to remove such dead vegetation, and an owner of any such real estate shall not have to have knowledge of such dead vegetation to be a violation of this Ordinance.
[Ord. No. 1995-63]
It shall be unlawful for any owner of real estate in the City to fail to maintain in a neat orderly manner as a condition to use any landscape vegetation. It shall be each owner's responsibility to maintain landscape vegetation in a neat and orderly manner, and an owner of any such real estate shall not have to have knowledge of failure to maintain such landscape vegetation in an orderly manner to be in violation of this Ordinance.
[Ord. No. 1995-63]
It shall be unlawful for any owner of real estate in the City to permit to remain upon any such property, landscape or garden waste. It shall be each owner's responsibility to remove such waste, and an owner of any such real estate shall not have to have knowledge of such prohibited waste to be in violation of this Ordinance.
[Ord. No. 1995-63]
It shall be unlawful for any owner of property in the City to permit a mosquito harborage to exist upon said property. It shall be each owner's responsibility to remove such mosquito harborage, and an owner of any such real estate shall not have to have knowledge of such prohibited mosquito harborage to be in violation of this Ordinance.
A. 
In the event of a violation of Article VIII of this chapter, the Director of the Economic & Community Development Department, the Director of the Public Works Department or their designates, shall notify, in writing, such owner to cut, destroy, or remove such growth or objects as are prohibited by said Section. In the event such owner cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed by a specific date, the City will cause it to be abated or removed, the cost thereof will be charged to the owner, and that such cost shall be a lien upon the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner to abate the nuisance as required by such notice shall be deemed an implied consent for the City to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner and the City. If such owner fails to abate any nuisance within the time limit specified in such notice, the City may proceed to abate such nuisance, keeping an account of the expense of the abatement as to each particular lot or tract, and such expense shall be charged and paid by such owner.
[Ord. No. 2017-96; 8-10-2020 by Ord. No. 2020-53]
B. 
Administrative expense. In addition to the expenses set forth in Subsection A, the City shall charge a fee as set forth in the Schedule of fees to cover a portion of the administrative costs incurred for removal of the nuisance. This expense shall be assessed against the owner of any property which received a notice from the City as set forth in Subsection A, regardless of whether the City or its agents are required to mow the property involved.
[Ord. No. 1995-63; amended 7-8-2024 by Ord. No. 2024-047]
C. 
Lien or personal judgment. If the costs of abating or removing the nuisance remain unpaid, the City, at its option, may file a lien upon the real property where the nuisance was abated or removed, or commence proceedings in the Circuit Court seeking a personal judgment from the owner of such property where the nuisance was abated or removed.
[Ord. No. 1995-63]
(1) 
Lien. When the City exercises its right to file a lien upon the real property where the nuisance was abated or removed, the City must file a Notice of Lien in the office of the Recorder of Deeds of McLean County. Such notice shall consist of a sworn statement setting out:
(a) 
A description of the real estate, sufficient for identification;
(b) 
The amount of money representing the cost and expense incurred or payable for the service; and
(c) 
The date or dates when such cost or expense was incurred by the municipality. This lien shall be superior to all other liens except taxes, provided, however, it shall not be valid as to any purchaser whose right in and to such real estate have risen subsequent to the date on which such costs were incurred and prior to the filing of such notice, and a lien of the City shall not be valid as to any mortgages, judgment, creditor or other lien or whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the costs and expenses by the owner of any other person interested in such property, after the Notice of Lien has been filed, the lien shall be released by the City and the release may be filed of record as in the case of filing the Notice of Lien. The lien may be enforced by proceeding to foreclosure, as provided by law. Interest on the lien shall accrue at the rate as set forth in the Schedule of Fees.
[Amended 7-8-2024 by Ord. No. 2024-047]
(2) 
Personal judgment. When the City exercises its right to obtain a personal judgment against an owner for the cost of abatement or removal of a nuisance, the City shall file an action in the Circuit Court against any person or persons to whom notice was sent as authorized in § 21-811A. Said action shall be used upon the implied consent by said persons to form a contract with the City for the abatement or removal of said nuisances. The action authorized by this paragraph shall be in addition to, and without waiver, of any other remedy.
[Ord. No. 1995-63]
D. 
Definition of "owner." For the purpose of Chapter 21, the term "owner shall mean the person, partnership or entity paying property taxes on the real estate on which a violation of this chapter occurs.
[Ord. No. 1995-63]
[Ord. No. 1995-63]
Property subject to a lien for unpaid weed mowing and/or abatement charges shall be subject to foreclosure in equity in the name of the City to be sold for nonpayment of same and the proceeds of such sale shall be applied to pay the expenses and costs of the City related thereto including all attorney fees and expenses associated with time spent by members of the City's Legal Department on such cases, court costs and other expenses associated with the foreclosure proceedings. The Legal Department of the City is hereby authorized and directed to institute such proceedings in the name of the City in any court having jurisdiction over such matters against any property and/or owners thereof and all persons having an interest therein for which such bill has remained unpaid for more than 30 days after it has been sent to the owner and to execute release(s) of said lien(s) upon payment of all expenses and all costs incurred by the City.
[Ord. No. 1995-63]
Any person who shall violate any of the provisions of this article of the Code shall, upon conviction thereof, be punished by a fine not exceeding less than $25 nor more than $500 for each offense. Any such penalty shall be in addition to the expenses and related costs of mowing and/or abating the substances hereinbefore referred to in addition to the costs of the filing and releasing of liens on such property and in addition to any costs or expenses associated with any foreclosure proceeding.