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• Nuisance Ordinance
CHAPTER 12 NUISANCES 12.01 PUBLIC NUISANCES PROHIBITED.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village or within the police jurisdiction of the Village.
12.02 PUBLIC NUISANCES DEFINED.
A. Generally. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
2. In any way render the public insecure in life or in the use of property;
3. Greatly offend the public morals or decency;
4. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.
B. Public Nuisances Affecting Health. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of subsection A of this section:
1. All decaying, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;
2. Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death;
3. Accumulation of decaying animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed; or which may constitute a fire hazard;
4. All stagnant water in which mosquitoes, flies or other insects can multiply;
5. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;
6. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances;
7. Any use of property, substances or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village;
8. All abandoned wells not securely covered or secured from public use; in ac cordance with County and State Statutues;
9. Any barn, stable or shed used for keeping animals that is in violation of 12.02 B, paragraph 8;
10. Any obstruction in or across any water course, drainage ditch or ravine;
11. Any open burning contrary to the regulations of the Illinois Pollution Control Board or other Village Ordinances;
12. The deposit of garbage, rubbish or any offensive substance on any street, sidewalk or public place, or on any private property, except as may be permitted by ordinance;
13. Any noxious weeds on private property as defined by the Illinois Revised Statutes.
C. Public Nuisances Offending Morals and Decency. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public moral and decency,, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of subsection A of this section:
1. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;
2. All gambling devices and slot machines;
3. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this Code;
4. Any place or premises within the Village where ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
D. Public Nuisances Affecting Peace and Safety.
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of any subsection of this section:
1. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures;
2. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing;
3. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk;
4. All limbs of trees which project over a public sidewalk less than eight (8) feet above the surface thereof or less than ten (10) feet above the surface of a public street;
5. All use or display of fireworks except as provided by the laws of the State of Illinois and ordinances of the Village;
6. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use;
7. All wires over streets, alleys or public grounds which are strung less than fifteen (15) feet above the surface of the street or ground;
8. All loud and discordant noises or vibrations of any kind;
9. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the Village or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;
10. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk;
11. All abandoned refrigerators or ice boxes;
12. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks;
13. Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permission of the owner thereof;
14. Any sign, marquee, or awning which is in an unsafe condition, or which overhangs any roadway, or which overhangs any sidewalk less than eight (8) feet above the sidewalk surface;
15. Any condition or practice constituting a fire hazard;
16. Any nuisance so defined by the Illinois Revised Statutes;
17. All unsheltered storage of old, unused, stripped, junked, and other automobiles not in good and safe operating condition, and of any other vehicles, machinery, implements and/or equipment and personal property of any kind which is not longer safely usable for the purposes for which it was manufactured, within the corporate limits of this Village;
18. All unsheltered storage of unlicensed automobiles for a period of ten (10) days or more within the corporate limits of this Village;
19. All signs advertising garage sales, yard sales, house sales or other similar sales other than those located on the property on which the sale is being conducted. 12.03
ABATEMENT OF PUBLIC NUISANCES.
A. Inspection Of Premises. Whenever a complaint is made to the Village President that a public nuisance exists, an inspection or has existed, within the Village, he shall be promptly notify the made by the Village Chief of Police, or some other Village official whom the President shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of the his findings to the President. Where possible Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file filed with the report in the office of the Village Clerk. the same in the office of the Village Clerk.
B. Summary Abatement.
1. Notice to Owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village President may direct the Village Chief of Police, or some other Village Official, to serve a notice upon on the owner, or if the owner cannot be found, then on the occupant or person causing, permitting or main- taining such nuisance to abate or remove such nuisance within twenty-four (24) hours.
2. Abatement by Village. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Village Chief of Police, the Superintendent of Public Works, or some other Village official whom the President shall designate, may cause the abatement or removal of such public nuisance at the cost of such removal or abatement to such person causing the nuisance.
C. Abatement by Court Action. If the inspecting officer shall determine that a public nuisance exists on private premises but the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his findings with the President, who shall cause an action to abate such nuisance to be commenced in the name of the Village.
12.04 COST OF ABATEMENT.
In addition to the penalty imposed by this Code for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as other special taxes.
12.05 ABANDONED MOTOR VEHICLES.
A. Definitions. Terms used in this section mean as follows: Highway: Any street, alley or public way within the Village of Johnsburg.
Abandoned Vehicle: Any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted. Antique Vehicle: Any motor vehicle or other vehicle twenty-five (25) years of age or older.
B. Abandoning Vehicle.
The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in the Village is unlawful and subject to penalties as set forth herein. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in the Village is unlawful except on property of the owner or bailee of such abandoned vehicle. A motor vehicle or other vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the Village Chief of Police after a waiting period of seven (7) days or more has expired.
C. Notice To Police.
When an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this State, not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the Village. Upon receipt of such notification, the Village Chief of Police shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow until the vehicle is claimed by the owner, or any other person legally entitled to possession thereof, or until it is disposed of as provided in this section.
D. Removal of Vehicles.
1. When a motor vehicle or other vehicle is abandoned on a highway in the Village ten (10) hours or more, its removal by a towing service may be authorized by order of the Village Chief of Police.
2. When an abandoned, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway by a towing service may be authorized by order of the Village Chief of Police.
3. When a vehicle removed from wither public or private property is authorized by order of the Village Chief of Police, the owner of the vehicle will be responsible for all towing costs.
E. Records of Vehicles Removed.
When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.
F. Search for Owner.
When the Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle registration records of the State of Illinois to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information. The Police Department shall cause the stolen vehicle files of the Illinois State Police to be searched by a directed communication to the Illinois State Police for stolen or wanted information on the vehicle. When the Illinois State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the Illinois State Police. The information determined from these record searches will be used by the Police Department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information.
G. Notice to State Police.
When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois State Police for the purpose of identifying the vehicle's owner or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner.
H. Reclaiming Vehicles.
Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided herein, the owner or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner or other person under this subsection until all towing and storage charges have been paid.
I. Sale of Vehicle.
Whenever an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle, seven (7) years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved, or being unknown at the address obtained from the registration records of this State, the send- ing of a second certified notice will not be required.
J. Older Vehicles.
When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for in this section, the vehicle may be sold as provided herein or disposed of in the manner authorized by this section without notice to the registered owner or other person legally entitled to the possession of the vehicle. When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this section, it will be kept in custody for a minimum of ten (10) days for the purpose of determining ownership, the contacting of the registered owner by the United States mail, public service or in person for a determination of disposition, and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. At the expiration of the ten day period, without the benefit of disposition information being received from the registered owner, the Village Chief of Police will authorize the disposal of the vehicle as junk only. A motor vehicle or other vehicle classified as an antique vehicle is excluded from this section.
When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this section, a record of the transaction shall be maintained by the Police Department for a period of one (1) year from the date of the sale or disposal.
L. Disposition of Sale Proceeds.
When a vehicle located within the corporate limits of the Village is authorized to be towed away by the Village Chief of Police and disposed of as set forth in this section, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the municipal treasury.
M. Liability of Officers.
Any police officer, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner, or his legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this section.
12.06 PARKING MOBILE HOME MOTORHOMES, TRAILERS, BOATS.
A. No person shall park or store on any property owned or occupied by him more than one mobile home motorhome, camper vehicle or trailer, truck or boat/boat trailer which is not owned by him or a member of his family who resides on such property. Any such items owned by a resident shall be parked or stored on a driveway, side yard or in the rear yard.
B. Persons owning a mobile home motorhome parked on their property within the Village shall register the mobile home motorhome with the Village Clerk. No mobile home motorhome shall be used for sleeping purposes while parked or stored in the Village, except as provided in this section.
C. Guests of any owner or occupant of any dwelling in the Village may park a mobile home motorhome in the rear yard of such dwelling for not more than five (5) days, provided the mobile home motorhome is used for sleeping purposes only during such period.
12.07 NOXIOUS PLANTS AND WEEDS.
A. Noxious Plants and Weeds Declared Nuisance.
Any weeds such as or known as jimson, burdock, ragweed, thistle, cockleburr, or other weeds of like kind, and plants or bushes of the species of tall, common or European Barberry, otherwise known as Barberis Vulgaris, or its horticultural varieties, found growing in any place or location within the corporate limits of the Village, are declared to be a nuisance. It shall be unlawful for any person to cause or permit any such weeds, plants or bushes to grow or remain in any place or loca- tion within the corporate limits of the Village to a height in excess of eight (8) inches. It is also hereby declared to be a nuisance and shall be unlawful for any person to cause or permit grass to grow or remain in any place or location within the corporate limits of the Village to a height in excess of eight (8) inches.
B. Removal of Noxious Plants and Weeds.
It shall be the duty of every owner or occupant of every lot or tract of land within the corporate limits of the Village to cut, destroy or remove, or cause to be cut, destroyed or removed, every such weed, plant or bush or cut any grass as hereinabove described upon every such lot or tract of land in such manner and on or before such time as such weeds, bushes, plants or grass reach or exceed the height of eight (8) inches. Upon the failure of any such owner or occupant so to do, it shall be the duty of the Village Chief of Police to serve or cause to be served a notice upon any such owner or occupant of any premises upon which any such weeds, plants, bushes or grass are caused or permitted to grow in violation of the provisions of this section, demanding the abatement of such growth as a nuisance, within a period of ten (10) days from the date of such service. Failure of any owner or occupant to comply with the provisions and demands of such notice shall constitute a violation of the provisions of this section.
If, upon the expiration of the ten-day period provided in the notice, any owner or occupant of any premises in the Village upon which any such weeds, plants, bushes or grass are caused or permitted to grow in violation of the provisions of this sec- tion, it shall be the duty of the Public Works Department to proceed to the nuisance by cutting, destroying or otherwise removing the weeds, plants, bushes or grass and to keep an account of the expense thereof, and such expense shall be charged to the owner, or the owner and occupant jointly, of the premises, and it shall be the duty of the owner or the owner and occupant jointly to pay such expense.
The Village of Johnsburg shall have a continuing lien upon the premises and real estate upon which any noxious weeds, plants, bushes or grass shall be caused or permitted to grow in violation of the provisions of this section, for or on account of which it is nec- essary for any expense to be suffered or incurred by the Village for the cutting, destroying or otherwise removing of any weeds, plants, bushes or grass. Every lien shall, upon com- pliance with the conditions hereinafter set forth, become and be prior and superior to the rights and interests of creditors, encumbrances, purchasers and other parties in interest in such premises and real estate. Such lien may be preserved and enforces in the following manner: The Village Clerk shall within six (6) months after the accrual of such expense or cost or charge, file or cause to be filed with the appropriate county official a claim for lien, verified by the affidavit of himself/herself or any other officer of the Village having knowledge of the facts, which shall consist of a brief statement of the facts of the claim, the balance due after allowing all credits, and a sufficiently correct description of the lot, lots or tract or tracts of land or real estate to properly identify such land or real estate. No such lien shall be defeated in the proper amount thereof because of error or overcharging on the part of the Village, nor shall any such lien be defeated upon proof that the expense or cost or charge resulted from or was incurred by reason or fault of any tenant or occupant or other person in possession other than the owner.
E. Foreclosure of Lien.
If payment shall not be made as provided in this section of any amount due by virtue of its provisions when the same shall become due, the Village may file or cause to be filed a petition or bill in the appropriate court for foreclosure of such lien, and the Village may proceed in its corporate name to foreclose such lien in like man- ner and with like effect as provided by the Illinois Revised Statutes in foreclosure of mortgages. Such suit shall be commenced within two (2) years after the accrual of such expense or cost or charge. Any decree rendered in court may be enforced and collected as other decrees or judgment in such court. The remedy provided in this section shall not be construed to abridge or in any manner interfere with the right and power of the Village to enforce the collection thereof by an action at law or as otherwise provided in this section, but the remedy herein provided shall be taken and held as an additional means to enforce payment of such delinquent expense or cost or charge.
12.08 SETTLEMENT OF OFFENSES.
Unless the Village is seeking injunctive relief, any offense arising under this Chapter 12, for which a specific penalty is not stated may be settled and compromised by the offender by payment to the Village the sum of money stated for a Class A violation in Chapter 1.07-E.