[Adopted 12-13-2017 by Ord. No. 17-065[1]]
The foregoing recitals are hereby incorporated into this article
as if fully set forth herein.[1]
[1]
Editor's Note: Refer to the preamble of Ord. No. 17-002.
As used in this article, the following terms shall have the
indicated meanings:
To have a common property line or zoning district line.
Any person, firm, corporation or agency which submits an
application.
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise.
A combination of physical space and vertical elements, such
as plants, berms, fences, or walls, for the purpose of which is to
separate and screen incompatible land uses from each other.
Any activity which removes vegetative ground cover, shrubs
or trees.
A border along the edge of a street or driveway which is
made of concrete.
Nonspecific material which is no longer wanted and has been
discarded.
That portion of a lot used to provide access from the street
to a place of residence or business and which has been graded and
graveled or surfaces with concrete, asphalt, crushed stone, or other
hard surface and dustless materials.
An authorization or grant by a property owner for the use
by another, and for one or more specific purposes, of any designated
part of the property owner.
Any act by which earth, sand, gravel, rock, or any other
material is deposited, placed, replaced, pushed, dumped, pulled, transported,
or moved by man to a new location and shall include the conditions
resulting therefrom.
Excavation or fill of any combination thereof and shall include
the conditions resulting from any excavation or fill.
A landscaped barrier consisting of a continuous, dense planting
of shrubs.
The Homer Township Highway Department.
Any combination of living plants (such as grass, ground cover,
shrubs, vines, hedges, or trees) and nonliving landscaping material
(such as rocks, pebbles, sand, mulch, walls, fences, or decorative
paving materials).
A platted parcel of land intended to be separately owned,
developed and otherwise used as a unit.
A property boundary line of a lot.
The act of managing a piece of property which is consistent
with the regulations as adopted by the Village of Homer Glen.
Any portion of the right-of-way not improved by a street
or sidewalk.
A piece of land owned by a person, business, corporation
or other entity.
An imaginary line at the edge or boundary of a "zoning lot"
or a line at the boundary of a lot of record.
A portion of a property which has been legally designated
for a specific purpose of being utilized by the public.
Any sidewalk, street, alley, highway, or other public thoroughfare.
Any street, alley, other land or waterway, dedicated or commonly
used for pedestrian or vehicular traffic or other similar purposes,
including utility and/or drainage easements, in which the Village
has the right and authority to authorize or permit the location of
structures and regulate the maintenance and impact of certain actions
within rights-of-way.
That part of the highway that includes the pavement and shoulders,
and curb.
Decorative fencing or vegetation maintained for the purpose
of concealing from view the area behind such fencing or vegetation.
A width of roadway, adjacent to the pavement, providing lateral
support to the pavement edge and providing an area for emergency vehicular
stops and storage of snow removed from the pavement.
A public or private thoroughfare used, or intended to be
used, for passage or travel by motor vehicles.
The location of water discharge created by the operation
of a mechanical pump for the purpose of moving water accumulated from
water infiltration.
Homer Township.
A sign, signal, marking or other device placed on or adjacent
to a street or highway (by authority of a public body or official
having jurisdiction) to regulate, warn, or guide traffic.
The Village of Homer Glen.
The purpose of this article is to establish policies, procedures,
and regulations relating to rights-of-way within the Village's jurisdiction,
which will provide public benefit consistent with the preservation
of the integrity, safe usage, and visual qualities of the Village
rights-of-way and the Village as a whole.
This article applies to all areas located on, above, along,
upon, under, across, or within the rights-of-way or other public easements
within the jurisdiction.
A.
The owners of property abutting any public streets, roads, or ways, whether by rear, front, or side yards, shall maintain the area between the edge of the pavement or curb and their property line, commonly known as the parkway, in a neat, clean, and orderly condition, and free of any weeds, grass, or plants in excess of eight inches in height, other than flowers or trees. Any owner who shall refuse or neglect to destroy the weeds, cut tall grass, or abate the nuisance either on the owner's property or on the public parkway abutting the owner's property, may be enforced as provided in Village Code § 155-32 granting the Village at its sole option and election the ability to correct the violations of this article at the expense of the owner or owners of the premises.
B.
It shall be unlawful for any person to dump or deposit, or cause
to be dumped or deposited, any debris or garbage, grass, leaves, branches
or parts of trees in any public way or on any public property within
the Village or on someone else's property other than prescribed by
the Village Code or other applicable ordinances, rules and regulations
of the Village, and such is hereby declared to be a nuisance.
C.
No person or firm shall plow, remove or relocate or cause to be plowed,
removed or relocated ice or snow from any driveway, sidewalk, parking
lot or private service area and deposit such ice or snow upon a public
highway or along the shoulder or edge of a public roadway which may
alter the condition and if it creates a traffic safety hazard as determined
by local authorities.
D.
Every owner of property (not including the public parkway), upon
which is located any tree, bush, shrub, and/or foliage that overhangs
and/or protrudes on any street or right-of-way within the Village,
shall properly prune the branch of such tree, and cut back any shrub,
bush and/or foliage so that it shall not obstruct in any manner, either
in its operation or maintenance, any traffic control device or any
street lamp, nor obstruct the ability of any pedestrian to walk on
a sidewalk or a vehicle from driving on a street, nor obstruct the
traffic control device from properly being seen by oncoming vehicles
or pedestrians.
E.
Where any street intersection has vegetation on any lot corner that
would create a traffic hazard by limiting visibility, the resident
may be directed to cut or remove the vegetation or the Highway Department
may remove such vegetation in connection with the public right-of-way
to the extent deemed necessary to provide adequate sight distance.
F.
No structures, landscaping, boulders, mailbox or other obstacle shall
be permitted which obstructs or otherwise interferes with public use
of a street, sidewalk, right-of-way or other public easement.
G.
When a sump pump or downspout discharges over open land, the sump
pump or downspout discharge lines shall not terminate on or within
10 feet of the public right-of-way or an adjacent property line, when
feasible. Should the over-land discharge cause a nuisance or hazard
on public or adjoining private property, then the minimum distance
shall be increased until the nuisance or hazard no longer exists.
These nuisances or hazards may include, but are not limited to, icing,
ponding, consistently soft ground, erosion of adjoining property,
or algae and bacterial growths. Increased distance requirements will
be identified at the discretion of the Code Enforcement Officer, the
Public Works Director, the Village Engineer or his/her designee. It
shall be the property owner's responsibility to meet all discharge
minimum distances and eliminate any nuisances and hazards.
[Amended 11-8-2023 by Ord. No. 23-063]
H.
Penalty. Any person violating the provisions of this section shall
be given a grace period of 30 days to allow time for the property
owner to rectify the violation. If the nuisance or hazard is not rectified
after the grace period expires, the property owner will be fined at
a rate of $25 per day up to a maximum of $750 for as long as the nuisance
or hazard exists.
[Added 11-8-2023 by Ord. No. 23-063]
[Amended 9-27-2023 by Ord. No. 23-058]
Miscellaneous encroachments that include but are not limited
to culverts, retaining walls, landscaping, sprinkler systems, masonry
mailboxes, permanent neighborhood signs and notification signs may
require a permit. The permit acts as a written agreement between the
applicant, the Village of Homer Glen and Homer Township that, in exchange
for permission to use the right-of-way, the applicant will maintain
the encroachment. In addition, the applicant agrees that the Village
of Homer Glen and Homer Township Highway Department are not responsible
for any damage that may occur to the encroachment from snow plows,
utility work, road construction, etc. The applicant agrees that upon
notice the Village of Homer Glen or the Homer Township Highway Department
for good cause (utility work, road construction, hazardous structures,
etc.) the encroachment may have to be removed at no cost to the Village
or Township. The fee structure for permits shall include a fifty-dollar
plan examination fee and a fifty-dollar permit and inspection fee.
[Amended 9-27-2023 by Ord. No. 23-058]
A.
Mailboxes are the responsibility of the homeowner and must comply
with the requirements of the United States Postal Service (USPS).
The front of the box shall not extend over the curb and the post shall
be placed firmly in the ground and not cracked, rotted or rusted out.
The box shall be securely attached to the post.
B.
A mailbox constructed in whole or in part of brick, stone, masonry,
cinderblock and/or any other mineral substance shall be considered
a "masonry mailbox," and shall require a permit. Masonry mailboxes
shall only be permitted on roads with curbs and a speed limit of 25
miles per hour or less.
Any person violating this article shall be subject to a mandatory
fine of not less than $100 nor more than $1,000; each day that a violation
exists shall constitute a separate offense. Proceedings to enforce
violations of this article may be initiated and conducted in accordance
with and pursuant to the provisions of the Village ordinances providing
for administrative adjudication of Code violations[1] or by any other means provided by law.
