As used in this chapter, the following terms shall have the
meanings indicated:
WEEDS
Include, but are not limited to, the following: burdock,
ragweed (giant), ragweed (common), thistle, cocklebur, jimson, blue
vervain, wild carrot, poison ivy, wild mustard, rough pigweed, lambsquarter,
wild lettuce, curled dock, smartweeds (all varieties), poison hemlock,
wild hemp and johnson grass and all other noxious weeds, as defined
by the statutes of the State of Illinois.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It is unlawful for anyone to permit any weeds (other than weeds
of the kind and character referred to in the above section hereof),
grass or plants, other than trees, bushes, flowers, or other vegetable
and ornamental plants, to grow to a height exceeding eight inches
anywhere in the City; and such plants or weeds exceeding such heights
are declared to be a nuisance.
The police, or any other person so designated by the Mayor or
City Council, may issue a written notice for removal of weeds or grass.
Such weeds or grass shall be cut by the owner or occupant within five
days after such notice has been duly served.
Service of the notice provided for herein may be effected by
handing the same to the owner, occupant or lessee of the premises,
or to any member of his household of the age of 15 years or older
found on the premises or by mailing such notice to the last known
residence address of the owner; provided that if the premises are
unoccupied and the owner's address cannot be obtained, then the notice
may be served by posting the same upon the premises.
If the person so served does not abate the nuisance within five
days, the City 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.
Charges for such weed removal shall be a lien upon the premises.
A bill representing the cost and expense incurred or payable for the
service shall be presented to the owner. If this bill is not paid
within 30 days of submission of the bill, a notice of lien of the
cost and expense thereof incurred by the City shall be recorded in
the following manner: 1) a description of the real estate sufficient
for identification thereof; 2) the amount of money representing the
cost and expense incurred or payable for the service; 3) the date
or dates when said cost and expense was incurred by the City, and
shall be filed within 60 days after the cost and expense is incurred.
Notice of such lien claim shall be mailed to the owner of the
premises if his address is known. Upon payment of the cost and expense
after notice of lien has been filed, the lien shall be released by
the City or person in whose name the lien has been filed and the release
shall be filed of record in the same manner as filing notice of the
lien. All lien and release filing fees shall be paid by the owner
of the property.
Property subject to a lien for unpaid weed cutting charges shall
be sold for nonpayment of the same and the proceeds of such sale shall
be applied to pay the charges after deducting costs, as is the case
in the foreclosure of statutory liens. Such foreclosure shall be in
the name of the City after a lien is in effect for 60 days.