[HISTORY: Adopted by the City Council of the City of Crystal Lake 5-6-2014 by Ord. No. 7024. Amendments noted where applicable.]
Fines — See Ch. 248.
Garbage, rubbish and refuse — See Ch. 280.
Lawns — See Ch. 322.
Stormwater management — See Ch. 595.
Trees — See Ch. 615.
Editor's Note: This ordinance also repealed former Ch. 526, Weeds, adopted 1-19-1993 as Art. VI, Ch. II, Section F, of the 1993 Code, as amended.
As used in this chapter, the following terms shall have the meanings indicated:
- REMOVAL OF NUISANCE GREENERY and REMOVAL ACTIVITIES
- The cutting, trimming, or removal of nuisance greenery, as further defined in this chapter.
- Includes but is not limited to the following: burdock, ragweed (giant), ragweed (common), thistle, cockleburr, jimson, blue vervain, common milkweed, wild carrot, poison ivy, wild mustard, rough pigweed, lambsquarter, wild lettuce, curled dock, smart weeds (all varieties), poison hemlock, and wild hemp, and all other plant materials in an untended or uncultivated state, including grass.
It shall be unlawful for the owner of any property within the City to permit any weeds, grass, or plants, other than trees, bushes, shrubs, flowers, or other ornamental plants, to grow to a height in excess of eight inches. If the provisions of this section are in conflict with Chapter 595, Stormwater Management, the provisions of Chapter 595 shall prevail. Any such weeds, grass, or plants which exceed the height of eight inches shall be deemed nuisance greenery, and shall be cut by the owner to a height of eight inches or less.
It shall be unlawful for the owner of any property within the City to permit any tree, bush, shrub, or planting growing on such property to overhang, encroach, or obstruct any sidewalk, street, or other public places in such a manner as to interfere or create unsafe conditions with traffic or travel. Any such tree, bush, shrub, or planting so causing interference or creating an unsafe condition with traffic or travel shall be deemed to be nuisance greenery.
The Director of Community Development or the Director's designee may issue a written notice for abatement of nuisance greenery to the owner of the property upon which such nuisance greenery exists requiring the removal of nuisance greenery within seven days following service of such notice. In the event that the owner of such property fails to complete the removal of nuisance greenery within such seven-day period, the City may proceed to cause the removal nuisance greenery upon such property.
It shall also be the duty of the City to serve, or cause to be served, a notice of violation upon the owner of any property on which nuisance greenery exists and a demand to abate such nuisance greenery within seven days. If the person so served does not abate the nuisance greenery within seven days following the service of notice required by this section, the City may cause the removal of nuisance greenery upon such property without further notice.
If the City or any person or company on behalf of the City engages in the removal of nuisance greenery, the City shall charge the owner of such property for the City's cost in engaging in the removal of nuisance greenery and such charges shall be a lien upon the property, pursuant 65 ILCS 5/11-20-7. Such charges shall be based upon the following schedule and shall be adjusted annually on the first day of January by the same percentage as the annual change in the local consumer price index:
Property subject to a lien for the charges set forth in § 526-5 of this chapter unpaid shall be sold for nonpayment of the same, and proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case with the foreclosure of statutory liens. Such foreclosures shall be in equity in the name of the City. The City Attorney is hereby authorized and directed to institute such proceedings, in the name of the City, in any court having jurisdiction over such matters.