CHAPTER 25

 

NUISANCES

ARTICLE I - GENERALLY

   

          25-1-1         SPECIFIC NUISANCES ENUMERATED.  It is hereby declared to be a nuisance and to be against the health, peace and comfort of the Village, for any person, firm or corporation within the limits of the Village to permit the following; but the enumeration of the following nuisances shall not be deemed to be exclusive:
          (A)               Filth.  To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place, to the prejudice of others.
          (B)               Deposit of Offensive Materials.  To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake, pond, spring, well or common sewer, street or public highway.
          (C)               Corruption of Water.  To corrupt or render unwholesome, or impure, the water of any spring, river, stream, pond or lake, well, public or private, to the injury or prejudice of others.
          (D)               Highway Encroachment.  To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.
          (E)               Manufacturing Gunpowder.  To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials therefore, in any building within three hundred (300) feet of any valuable building erected at the time such business may be commenced.
          (F)               Powder Magazines.  To establish powder magazines near incorporated towns, at a point different from that appointed according to law by the corporate authorities of the town, or within eight hundred (800) feet of any occupied dwelling house.
          (G)               Noxious Odors.  To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public.
          (H)               Unlawful Advertising.  To advertise wares or occupations by painting notices of the same on, or affixing them to fences or other private property, or on rocks or other natural objects without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.
          (I)                Wells Unplugged.  To permit any well drilled for oil, gas, salt water disposal or any other purpose in connection with the production of oil and gas, to remain unplugged after such well is no longer used for the purpose for which it was drilled.
          (J)                Burn-Out Pits.  To construct or operate any salt water pit or oil field refuse pit, commonly called a “burn-out pit” so that salt water, brine or oil field refuse or other waste liquids may escape therefrom in any manner except by the evaporation of such salt water or brine or by the burning of such oil field waste or refuse.
          (K)               Discarded Materials.  To permit concrete bases, discarded machinery and materials to remain around any oil or gas well or to fail to fill any holes, cellars, slush pits and other excavations made in connection with any such well or to restore the surface of the lands surrounding any such well to its condition before the drilling of any such well, upon abandonment of any such oil or gas well.

          (L)               Underground Wells.  To permit any salt water, oil, gas or other wastes from any well drilled for oil, gas or exploratory purposes to escape to the surface, or into a mine or coal seam, or into any underground fresh water supply or from one underground stratum to another.
          (M)              Harassment.  To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property, or is about to buy or lease, or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person's attempt to sell, buy or lease a residence, or other real property, or refers to a person's sale, purchase or lease of a residence or other real property.
          (N)               Business.  To establish, maintain, and carry on any offensive or unwholesome business or establishment within the limits of the Village or within one and one-half (1 ½) miles of the Village limits.
          (O)               Filthy Premise Conditions.  To keep or suffer to be kept any chicken coop, cow barn, stable, cellar, vault, drain, privy, sewer or sink upon any premises belonging to or occupied by any person, or any railroad car, building, yard, grounds, and premises belonging to or occupied by any person.
          (P)               Expectorate.  To expectorate on any public sidewalk or street, or other public building or floor or walk of any public vehicle or hall.
          (Q)               Litter on Streets.  It shall be unlawful for any person to deposit or allow trash, paper, cardboard, wire, dirt, rock, stone, glass, brick, lumber, wood or litter of material objects of any size or description to fall upon the streets of the Village from any moving vehicle, or to be thrown from a moving vehicle, or to throw from a moving vehicle and to remain thereon.
          (R)               Accumulation of Junk And Trash.  To deposit or pile up any rags, old rope, paper, iron, brass, copper, tin, aluminum, used lumber, appliances, construction materials, demolition debris, ashes, garbage, refuse, plastic, brush, litter, weeds, slush, lead, glass bottles or broken glass upon any lot, piece or parcel of land or upon any public or private alley, street or public way within the Village.
          (S)               Rodents.  To cause or permit any condition or situation to exist that shall attract, harbor, or encourage the infestation of rodents.
          (T)               Bringing Nuisances into the Village.  To bring into the Village or keep therein for sale or otherwise, either for food or for any other purpose, any dead or live animal or any matter, substance, or thing which shall be a nuisance or which shall occasion a nuisance in the Village, or which may or shall be dangerous or detrimental to health.
          (U)               Offensive Liquids.  To keep nauseous, foul or putrid liquid or substance or any liquid or substance likely to become nauseous, foul, offensive, or putrid, nor permit any such liquid to be discharged, placed, thrown, or to flow from or out of any premise into or upon any adjacent premises or any public street or alley, nor permit the same to be done by any person connected with the premises.
          (V)               Dense or Offensive Smoke.  To cause or permit the emission of dense smoke from any fire, chimney, engine, oil burner or any other agency in the Village so as to cause annoyance or discomfort to the residents thereof.
          (W)              Scrap Tires, Both Mounted and Dismounted.  To keep any scrap tires, either mounted or dismounted, in open view, or so as to allow such tires to accumulate stagnant water so as to provide a breeding ground for mosquitoes and other pests.
          (X)               Motor Transport Engines.  To operate motor vehicle transport engines in the nighttime between the hours of eight (8:00) o'clock P.M. and six (6:00) o'clock
A.M.
, in any place in which a majority of the buildings, within a radius of four hundred (400) feet are used exclusively for residence purposes, excluding state and federal highways.
          (Y)               Accumulation of Debris.  To store, dump or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds or other animal pests that are offensive, injurious or dangerous to the health of individuals or the public.
          (Z)               Generally.  To commit any act which is a nuisance according to the common law of the land or made such by statute of the State.  (740 ILCS 55/221 – 55/222)
          (AA)             Abandoned Buildings; Dangerous and Unsafe Buildings.
                            (1)      A building or structure determined by the Mayor or his designee to be abandoned shall be presumed to be and deemed a public nuisance which adversely affects surrounding property values and which is also detrimental to the public safety and welfare for reasons such as, but not limited to, being an attractive nuisance for varmints and vandalism and presenting an increased risk of fire.  A building or structure shall be considered abandoned if there has been no municipal water service supplied it within the last two (2) years or if the property has been tax delinquent for two (2) or more years, and the building or structure has either not been physically occupied by persons legally in possession or not been used in the manner for which the building was intended and designed, for at least ninety (90) days prior to said determination.  Any such building or structure is hereby presumed to be and declared a nuisance.
                           (2)      A building or structure determined by the Mayor or his designee to be a dangerous and unsafe building as defined in Section 25-5-4 of this Code shall be presumed to be and is hereby declared a public nuisance which adversely affects surrounding property values and which is also detrimental to the public safety and welfare for reasons such as, but not limited to, being an attractive nuisance for varmints and vandalism and presenting an increased risk of fire.
(Ord. No. 2011-656; 01-24-11)
          Nothing in this Section shall be construed to prevent the corporate authorities of this Village from declaring what shall be nuisances, and abating them within the Village limits.

            25-1-2           NUISANCES DETRIMENTAL TO HEALTH GENERALLY.  No building, vehicle, structure, receptacle, yard, lot, premise, or part thereof shall be made, used, kept, maintained or operated in the Village if such use, keeping or maintaining shall be dangerous or detrimental to health.

             25-1-3           NOTICE TO ABATE.  Whenever the Mayor or his designee finds that a nuisance exists under this Article, he shall direct the Village Clerk or the Village Attorney to hand deliver or mail by regular U.S. Mail to the party responsible for the nuisance and also to
the legal owner of the property on which the nuisance exists a written notice ordering that the nuisance be abated within a reasonable time.  The notice to abate shall contain the following:
          (A)               A description of what constitutes the nuisance.
          (B)               The location of the nuisance.
          (C)               A statement of what condition or state of affairs must be achieved in order for the nuisance to be deemed abated.  Demolition of an abandoned or dangerous and unsafe building may be specifically ordered under this Article.
          (D)               The date by which abatement must be completed.
          (E)               The date by which a request for a hearing to appeal the notice of abatement with the Mayor or his designated representative must be filed and a statement of the procedure for so filing.  Said appeal must be filed within five (5) business days after the date that the Notice is delivered.  Notice mailed by regular U.S. Mail shall be deemed delivered four (4) business days after the Notice is placed in the mail.
          (F)               A statement that a party has a right to appeal the Mayor’s decision resulting from said hearing by requesting a further appeal to the Board of Trustees.  Any such appeal to the Mayor or any further appeal to the Board of Trustees shall stay enforcement proceedings against the party during the pendency of the appeals, except that emergency relief shall be available to the Village if an emergency requires immediate action.
          (G)               A statement indicating that if the nuisance is not abated by the date prescribed and/or if no request for a hearing with the Mayor is made within the time prescribed, the Village may abate the nuisance and assess the costs, including attorney fees, against the party responsible and the legal owner and against the property, and/or impose a fine.
(Ord. No. 2011-656; 01-24-11)

          25-1-4           HEARING.  Any person ordered to abate a nuisance may have a hearing with the Mayor or his designated representative who ordered the abatement.  A request for a hearing must be made in writing and delivered to the Village Clerk within the time stated in the notice; otherwise, it will be presumed that a nuisance exists, and that such nuisance must be abated as ordered.  The hearing shall be held in a reasonable amount of time, with adequate notice to the petitioner.  The hearing shall not be a formal trial-type proceeding, but appropriate procedural safeguards shall be observed to ensure fairness.  At the conclusion of the hearing, the Mayor or his designated representative shall render his decision and the reasons therefor in writing within a reasonable amount of time.  If he finds that a nuisance exists, he shall order it abated within an additional time which must be reasonable under the circumstances.  (Ord. No. 2011-656; 01-24-11)

          25-1-5           APPEAL.  Any party aggrieved by the decision of the Mayor may appeal to the Board of Trustees.  Such appeal shall be taken by filing with the Village Clerk within five (5) days of such decision a written statement indicating the basis for the appeal.  The appeal shall be heard by the Board of Trustees at the next regular or special meeting after such filing.  Their findings shall be conclusive, and if a nuisance is found to exist, it shall be ordered abated within a time reasonable under the circumstances.  (Ord. No. 2011-656; 01-24-11)

          25-1-6           ABATEMENT BY VILLAGE.  If the person ordered to abate a nuisance fails to do so, or if the nuisance poses an emergency, this Village may perform the required action to abate.  Any Village official who is authorized to abate any nuisance as defined in this
Article shall have authority to engage the necessary assistance, including legal assistance, and to incur the necessary expenses therefor.  The official who abates a nuisance shall keep an accurate account of the expenses incurred.  The itemized expense shall be filed with the Village Clerk who shall pay such expenses on behalf of this Village.  (65 ILCS 6/11-60-2)  (Ord. No. 2011-656; 01-24-11)

          25-1-7         FAILURE TO COMPLY WITH NOTICE - PENALTIES.  Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given shall be guilty of a violation of this Article and upon conviction shall be subject to a fine only of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty Dollars ($750.00).  Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine.  A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.  (See Section 1-1-20 also)  The Village shall not be required to issue another notice where the condition or violation is at first abated, but later resumed and/or repeated.  This penalty may be in addition to, rather than in lieu of, any other remedies or penalties that this Code or any Illinois statute might provide for, at the discretion of Village authorities.  The Village may utilize any remedy afforded to it by any other provision of its Municipal Code or by any relevant statute in order to prevent and/or abate such nuisance.  (Ord. No. 2011-656; 01-24-11)

             25-1-8           OTHER REMEDIES.  Additionally, the Village may bring a suit in equity to require the offender to prevent and/or abate the nuisance or to allow the Village to prevent and/or abate the nuisance itself in a suitable manner, and assess its legal fees and costs and costs of abatement, which is not otherwise authorized by this Article or this Code or by statute.  (Ord. No. 2011-656; 01-24-11)

             25-1-9           LIEN.  Charges for any expense, loss or damage incurred by the Village by reason of any violation hereof this Article or by reason of the Village’s abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article or to seek enforcement of the provisions of this Article or abatement of such nuisance, shall be a lien upon the premises.  A bill representing the costs, fees and expenses incurred by the Village shall be presented to the owner.  If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the costs, fees and expenses thereof incurred by the Village shall be recorded in the following manner:
          (A)               A description of the real estate sufficient for identification thereof.
          (B)               The amount of money representing the costs, fees and expense incurred by the Village in prosecuting and/or abating the nuisance.
          (C)               The date or dates when said costs, fees and expense were incurred by the Village, and
          (D)               The Notice of Lien shall be filed within one hundred eighty (180) days after the costs, fees and expenses are incurred.
(Ord. No. 2011-656; 01-24-11)

          25-1-10         PAYMENT.  Notice of such lien claim shall be mailed to the owner of the premises if his address is known.  Upon payment of the costs, fees and expenses after notice of lien has been filed, the lien shall be released by the Village 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.  (Ord. No. 2011-656; 01-24-11)

          25-1-11         FORECLOSURE OF LIEN.  Property subject to a lien as aforesaid may be sold for non-payment of the same and the proceeds of such sale shall be applied to pay the costs, fees and expenses for which the lien was made, after deducting the costs of foreclosure, as is the case in the foreclosure of statutory liens.  Such foreclosure shall be in the name of the Village and may be filed after the lien is in effect for sixty (60) days(Ord. No. 2011-656; 01-24-11)

          25-1-12         LIABILITY FOR CHARGES.  Any persons or entities violating any of the provisions of this Article shall be jointly and severally liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees and costs that might be expended by the Village to prosecute violations of this Article or to seek enforcement of the provisions of this Article or abatement of such nuisance.  The Village may initiate legal collection proceedings against any or all of those persons deemed liable regardless of whether the Village has placed a lien against the property or has foreclosed upon the lien.  In the event that a lien is placed upon the property and the same is sold by way of foreclosure as aforesaid, but there still remains a deficiency balance owed after said foreclosure sale, all persons so convicted for the violation in question shall remain jointly and severally liable for that deficiency balance owed.  (Ord. No. 2011-656; 01-24-11)

          25-1-13         RECOMMENDED NUISANCE ABATEMENT PROCEDURES. 
          (A)               The following informal procedures of this paragraph (A) may be but are not required to be followed in actions taken by Village officials in informally attempting to abate nuisances.  The following procedures are not mandatory (unless required elsewhere in this Code), and any step may be skipped or modified as the circumstances dictate.
                           (1)      Written Complaint.  Any remedial action regarding a nuisance situation shall be commenced by the completion of a “Nuisance Complaint Form” (see attached copy) signed by the complainant, whether that is a member of the general public or a Village official.
                           (2)      The Mayor after consultation with the Village Clerk will verify that the conditions complained of in the Nuisance Complaint Form are an actual violation of a specific section of the Village code book.  The Mayor shall then determine the actions needed and the time period allowed to correct those conditions.
                           (3)      The Mayor shall make verbal contact with the violator and send a letter as follow-up if warranted.  At the direction of the Mayor, the Village Clerk will send a letter to the violator stating the conditions complained of, that the same are in violation of Village law, and
the actions needed and time period allowed to correct these conditions.  The letter will indicate that failure to begin addressing the conditions complained of within five (5) working days (even though the time period granted for completing the corrections may be longer than five (5) working days) may cause the Village to take further action.  The letter will also provide a copy of the Code book section which is being violated and a notice that the violator may make an informal appeal to the Mayor to dispute the decision that the conditions are a public nuisance.
                           (4)      If the violator fails to request an informal appeal or to commence corrective action within the five (5) working days, the Mayor shall send a certified letter to the violator which is similar to the letter sent by the Village Clerk.
                           (5)      If there is no response, the Village Attorney or State’s Attorney shall send a letter to the violator which is similar to the Village Clerk’s letter but which also indicates that legal process will commence if satisfactory corrective actions are not commenced within five (5) working days.
                           (6)      If there is no response, the Village will contact the Sheriff’s office and request that a Deputy make a visit to the violator to give a verbal warning.  The Deputy shall grant five (5) working days for the violator to commence and complete corrective action.
                           (7)      If there is still no response, the Village will contact the Sheriff’s office and request that a Deputy issue a written warning, indicating that if the Deputy has to come out again, a Notice of Violation will be issued.
                           (8)      If there is still no response, the Village will contact the Sheriff’s office and request that the Deputy issue a civil Notice of Violation to the violator, assessing a One Hundred Twenty Dollar ($120.00) fine to the violator, which is to be paid straight to the Noble Village Hall.  If the violator pays and corrects the violation, this would then conclude the matter.  If the violator does not pay and wants a “second opinion”, i.e. an appeal, about the Notice of Violation before paying the assessment, the violator must appeal in writing within five (5) working days to the Mayor and Village Board.  (Ord. No. 2011-655; 01-24-11)
          (B)               If any of the above informal procedures were utilized but the nuisance condition still has not been abated by the violator, or if the above informal procedures were not used due to the circumstances of the particular nuisance condition in question, the Village Clerk will check the Village Code book to determine if there are any special notifications required to be given to the violator for the violation being considered.  If so, the violator will need to receive the notice required in the Code book.  Additionally, the notification must comport to the requirements of Section 25-1-3.  Also the Village must give notice of and provide the violator with any type of appeal process as may be provided in the Code book, in addition to the appeals procedures of Sections 25-1-4 and 25-1-5.  After all normal and any special notification or appeal procedures have been completed, the Village will contact the Sheriff’s office and request that a Deputy investigate, obtain witness statements, make a report, and
issue an actual Municipal Ordinance Violation Citation to the violator.  Once the Citation has been issued, the Village at this time will request that the State’s Attorney begin prosecution of the case.
(Ord. No. 2010-649; 03-08-10)

(65 ILCS 5/11-60-2 and 720 ILCS 5/47-5; 5/47-10 and 5/47-15)

 

ARTICLE II - WEEDS

   

          25-2-1           DEFINITION.  "Weeds" as used in this Code shall include, but not be limited to the following:
          Burdock, Rag Weed (giant), Rag Weed (Common), Thistle, Cocklebur, Jimson, Blue Vervain, Common Milk Weed, Wild Carrot, Poison Ivy, Wild Mustard, Rough Pigweed, Lambsquarter, Wild Lettuce, Curled Dock, Smartweeds (all varieties), Poison Hemlock, Wild Hemp, Johnson Grass, grass and all other noxious weeds as defined by the statutes of the State of Illinois.

          25-2-2         HEIGHT.  It shall be unlawful for anyone to permit any weeds, grass, or plants, other than trees, bushes, flowers or other ornamental plants, to grow to a height exceeding eight (8) inches anywhere in the Village.  Any such plants, weeds, or grass exceeding such height are hereby declared to be a nuisance.

            25-2-3         NOTICE.  The Police Department or any other person so designated by the Mayor 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 (5) days after such notice has been duly served.

            25-2-4         SERVICE OF NOTICE.  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 fifteen (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.

            25-2-5         ABATEMENT; COST.  If the person so served does not abate the nuisance within five (5) days, the Mayor or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged and paid by such owner or occupant.  The charge for the first instance of abatement by mowing said overgrown grass and weeds shall be Seventy-Five Dollars ($75.00) per hour for each hour spent mowing said grass and weeds plus Fifty Dollars ($50.00) administrative fee.  The charge for each instance of abatement thereafter shall be One Hundred Dollars ($100.00) per hour for each hour of mowing plus Fifty Dollars ($50.00) administrative fee.

             25-2-6         LIEN.  Charges for such weed or grass 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 thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:
          (A)               A description of the real estate sufficient for identification thereof.

          (B)               The amount of money representing the cost and expense incurred or payable for the service.
          (C)               The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

          25-2-7           PAYMENT.  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 Village 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.

          25-2-8         FORECLOSURE OF LIEN.  Property subject to a lien for unpaid weed cutting charges shall be sold for non-payment 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 Village after the lien is in effect for sixty (60) days.

(See 65 ILCS Secs. 5/11-20-6 and 5/11-20-7)

ARTICLE III - GARBAGE AND DEBRIS

 

          25-3-1         ACCUMULATION PROHIBITED.  No person shall permit any garbage or trash to accumulate on their premises or private property.  It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.

          25-3-2         NOTICE TO PERSON.  The Chief of Police or a designated representative may issue a written notice for removal of garbage or debris.  Such garbage or debris shall be removed by the owner or occupant within five (5) days after such notice has been duly served.

          25-3-3           SERVICE OF NOTICE.  Service of notice provided for herein may be effected by handing of the same to the owner, occupant, or lessee of the premises, or to any member of his household of the age of fifteen (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.

          25-3-4           ABATEMENT.  If the person so served does not abate the nuisance within five (5) days, the Police Chief or a designated representative may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant.

          25-3-5           LIEN.  Charges for such 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 thirty (30) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:
          (A)               A description of the real estate sufficient for identification thereof.
          (B)               The amount of money representing the cost and expense incurred or payable for the service.
          (C)               The date or dates when said cost and expense was incurred by the Village and shall be filed within sixty (60) days after the cost and expense is incurred.

          25-3-6           PAYMENT.  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 Village 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.

          25-3-7         FORECLOSURE OF LIEN.  Property subject to a lien for unpaid charges shall be sold non-payment 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 Village, after lien is in effect for sixty (60) days.  Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.

          25-3-8           DISPOSAL OF REFUSE, RUBBISH AND GARBAGE.  All refuse, rubbish, garbage, junk and other offensive matters shall be disposed of at a location and in a method that conforms to requirements of the Illinois Environmental Protection Act.  No person shall store, deposit or permit to remain upon the ground or in any waterway, drainage ditch, or confined waters within the Village any refuse, garbage, rubbish, junk or other offensive matter that may attract or harbor flies, rodents, vermin and/or mosquitoes, that may create unsightliness or offensive odors, or that may create a health hazard or nuisance.  No person shall burn any such refuse, rubbish, garbage, junk or other offensive matter if such burning would be in violation of the requirements of the Illinois Environmental Protection Act, or would create a visibility hazard on any street, alley, public walkway, or on private property other than the property on which the burning is performed, or would become a nuisance, annoyance or discomfort to any other person by the reason of the emission of smoke, fumes, fly ash, dust, soot, noxious odor, or other atmospheric pollution or discharge.

(See 65 ILCS Sec. 5/11-20-13 and 720 ILCS Sec. 5/47-10)

 


ARTICLE IV - INOPERABLE MOTOR VEHICLE

 

            25-4-1           LEGISLATIVE FINDINGS.  The President and Board of Trustees of the Village hereby make the following legislative findings:
          (A)               The Village is a municipality empowered by 65 ILCS 5/11-20-5 to do all acts and make all regulations which may be necessary or expedient for the promotion of health and safety of its citizens, by 65 ILCS 5/11-60-2 to define, prevent and abate nuisances, and by 65 ILCS 5/11-40-3 to declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be a nuisance.
          (B)               Motor vehicles and trailers which are abandoned, unlicensed, dismantled, partially dismantled, wrecked, junked, inoperative or discarded in the Village cause conditions which tend to impede traffic in the streets; interfere with the enjoyment of property; reduce the value of private property; invite plundering; create fire hazards; extend and aggravate blight; serve as a haven for wild animals, mosquitos and other pests; and result in a serious hazard to the public health, safety, comfort, convenience, welfare and happiness of the residents of the Village.

             25-4-2           DEFINITIONS.  For the purpose of this Code, the following term(s) shall have the meanings ascribed to them as follows:

“INOPERABLE VEHICLE OR TRAILER” shall mean any motor vehicle or any trailer designed to be pulled by a motor vehicle, or any part or portion thereof, which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed, or any motor vehicle or trailer on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle or trailer is incapable of being driven under its own motor power or pulled in the case of a trailer.  “Inoperable vehicle or trailer” shall not include a motor vehicle or trailer which has been rendered temporarily incapable, for no more than sixty (60) days, of being driven under its own motor power, or pulled in case of a trailer, in order to perform ordinary service or repair operations, or to vehicles or trailers considered to be inventory stock of licensed car dealers, or to vehicles or trailers being held for no longer than sixty (60) days by car repairmen or repair business pursuant to a valid mechanics lien.

“UNLICENSED VEHICLE OR TRAILER” shall mean any motor vehicle or trailer, regardless of its age and its capability of being physically operated, which does not display a proper vehicle license plate with a current plate sticker in violation of the applicable provisions of Chapter 625 of the Illinois Compiled Statutes.  An unlicensed vehicle or trailer shall also be considered as an inoperable vehicle or trailer regardless of whether the vehicle or trailer is physically capable of being operated, and all provisions of this Article pertaining to an inoperable vehicle or trailer shall also apply to an unlicensed vehicle or trailer, except as otherwise noted herein this Article.

“OPERABLE HISTORIC MOTOR VEHICLE” shall mean any motor vehicle that is more than twenty-five (25) years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, and which has been granted a proper vehicle license to be driven on the highways of the State of Illinois as an antique motor vehicle as defined in Illinois Compiled Statutes 625 ILCS 5/1-102.1, with a state approved vehicle license plate and
current plate sticker attached to said vehicle, regardless of whether the vehicle is physically capable of being operated.  Said motor vehicle must be owned solely as a collector’s item and for participation in club activities, exhibitions, tours, parades, and similar uses, but that in no event is used for general transportation.  Said motor vehicle must also be capable of being driven under its own motor power at all times in order to qualify as an operable historic motor vehicle, except when the motor vehicle has been rendered temporarily incapable, for no more than sixty (60) days, of being driven under its own motor power for purposes of ordinary service or repair operations.

          25-4-3           DECLARATION OF NUISANCE.  All inoperable vehicles and trailers and all unlicensed vehicles and trailers, whether located on public or private property and regardless of whether the same is tarped or otherwise covered, which are in view of the general public, are hereby declared to be a nuisance, and it shall be unlawful for any person in control of such a motor vehicle or trailer to keep said motor vehicle or trailer in violation of any provisions of this Article.  All persons so keeping such vehicles shall be subject to fine, injunctive relief and other penalties and remedies as hereinafter noted in this Article.  Both the owner of such a vehicle or trailer and any person allowing said vehicle or trailer to be located on private property in violation of a provision of this Article shall be jointly and severally deemed as in control of said vehicle or trailer.  In regard to an inoperable vehicle or trailer or an unlicensed vehicle or trailer which is located on any village street or alleyway adjacent to such private property, it shall be presumed that both the owner of such vehicle or trailer and the occupant(s) of said private property (or if no occupants, then the owner(s) of said private property) are jointly and severally in control of said vehicle or trailer.  All persons deemed in control of any particular vehicle or trailer which is in violation of this Article may all be deemed as violators of this Article, and all such persons may all be issued citations or complaints for violation of any of the provisions of this Article.

          25-4-4           NOTICE TO OWNER OR PERSON IN CONTROL OF MOTOR VEHICLE OR TRAILER.
          (A)               Inoperable Vehicle or Trailer.  The Mayor or a designated representative shall notify the owner of the motor vehicle or trailer, if known, and also the person in control of said vehicle or trailer, informing said person and/or owner that he shall remove the same from within the Village limits.  If said person(s) or owner(s) fails to so remove said inoperable vehicle or trailer after seven (7) days from the issuance of the notice, the Mayor or a designated representative may authorize a law enforcement agency or a licensed towing service to remove and take possession of the inoperable vehicle or trailer or parts thereof and dispose of the same in a manner similar and comporting to the dispositional methods contained in 625 ILCS 5/4-201 et seq., or Sections 24-6-1 et seq. of this Municipal Code, or in any other manner allowed by law.  65 ILCS 5/11-40-3)
          (B)               Unlicensed Vehicle or Trailer.  Notwithstanding any other provision of this Article, both the owner and/or person in control of an unlicensed motor vehicle or trailer may both be immediately issued a citation for violation of any applicable provision of this Article upon and at the time of the discovery that the vehicle or trailer is unlicensed, without any requirement of notice as noted in subparagraph (A) immediately above.  (65 ILCS 5/11-20-5; 65 ILCS 5/11-60-2)

 

          25-4-5           CITATION ON VEHICLE OR TRAILER PARKED IN VIOLATION.  A citation for violation of any of the provisions of this Article may be given to the owner or person in control of the vehicle or trailer in question by the police officer on the scene or by village authorities by any other means of service as authorized by law.  Additionally, whenever any motor vehicle or trailer without an identified owner or person in control of the vehicle or trailer is found parked or left in violation of any provision of this Article, the police officer or Village authorities finding such vehicle or trailer may issue a citation by taking the vehicle or trailer’s registration number and any other information displayed on the vehicle or trailer which may identify its owner and then conspicuously affixing to such vehicle or trailer a traffic citation, for that person to answer to the charge against him or her within the time and at a place specified in the citation.  In any prosecution with regard to a vehicle or trailer parked or left in a place or in a condition in violation of any provision of this Article, proof that the particular vehicle or trailer described in the complaint was parked or left in violation of a provision of this Article, together with proof that the defendant named in the complaint was at the time the registered owner of such vehicle or trailer, shall constitute prima facie evidence that the defendant was the person in control of said vehicle or trailer keeping the same in violation of this Article.

          25-4-6         EXCLUSIONS.  Nothing in this Article shall apply to any motor vehicle or trailer that is (1) kept within a building when not in use for the purposes for which it was manufactured, or (2) to operable historic motor vehicles as defined herein, or (3) to a motor vehicle or trailer on the premises of a licensed business engaged in the wrecking or junking of motor vehicles and/or trailers, or (4) any motor vehicle or trailer located on private property which is not in the sight and view of the general public.  The term “in use” means that said motor vehicle or trailer must be physically moving in order to be considered as “in use”.  Any such motor vehicle or trailer which has sat idle outdoors (i.e. not within a building) for more than four (4) hours shall not be considered as being “in use” and must be placed inside a building immediately after the expiration of said four (4) hours in order to not be subject to the provisions of this Article pursuant to this Section.

          25-4-7           NO “GRANDFATHERING”.  All persons or entities within the Village limits shall maintain their motor vehicles and trailers in such a manner as to comply with this Article as enacted and hereafter amended and shall be responsible for all costs and expenses that a person or entity might incur in bringing his, her or its motor vehicles and trailers into compliance with this Article.  This Article applies to all persons or entities located temporarily or permanently within the Village limits, regardless of whether a person or entity may have received a special use permit, exemption, or permission, by ordinance or otherwise, from the Village Board or Village personnel in the past.  Any exemption, special use permit, or permission granted in the past by the Village which purports to allow any action or status which would be a violation of this Article is hereby rescinded and declared null and void.  It is the intent of this Section that the provisions of this Article shall apply retroactively to this Article’s enactment and to all amendments thereafter and that no motor vehicle or trailer will be “grandfathered” to be exempt from any provision of this Article as enacted or amended thereafter.

 

          25-4-8           OTHER REMEDIES AND PENALTIES.  All persons violating any provision of this Article shall be subject to a fine and any other penalties and remedies, including without limitation injunctive relief, pursuant to Section 1-1-20 et seq. of this Municipal Code, as the same may currently exist or as may be amended or permitted in the future, including but not limited to by fine or injunctive relief.

          25-4-9           CONFLICTS WITH OTHER CODE PROVISIONS.  If any part or provision of this Article should be held to be unconstitutional or invalid, the remaining provisions shall nevertheless remain in full force and effect.  All sections or parts of this Municipal Code in direct conflict herewith this Article are hereby repealed to the extent of such conflict.  All sections or parts of this Municipal Code which are related to, but not in direct conflict with this Article, shall remain in effect.  The invalidity of any section, clause, sentence, or provision of any section or part of this Municipal Code that is repealed due to this instant provision shall not affect the validity of any other part of any such section or part of this Municipal Code which can be given effect without such invalid part or parts.  Should any part or parts of this Article be later determined invalid, such invalidity shall not affect the validity of any other part of this Article which can be given effect without such invalid part or parts.

(65 ILCS 5/11-40-3; 5/11-20-5; 5/11-60-2)

ARTICLE V - BUILDING AS NUISANCE

   

          25-5-1           BUILDING CONDITION - NUISANCE.  The Building Inspector or his designated representative shall report to the Village Board when any building or structure in the Village is in a dangerous condition and constitutes a nuisance.  Hereinafter, all references to Building Inspector shall include “his designated representative”.

          25-5-2         TIME LIMIT.  The owner of such building shall repair or alter it so as to make it safe within ninety (90) days from the time the notice is served upon him in the manner provided by law.

          25-5-3         NOTIFICATION.  The Building Inspector, with the approval of the Village Board, shall place a notice on all “dangerous and unsafe buildings”, which notice shall read as follows:

“This building has been found to be a dangerous and unsafe building by the Village officials.  This notice shall remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, or person or persons in whose name or names such building was last assessed, and all other persons having an interest in said building as shown by the land records of the County Recorder of Deeds.  It is unlawful to remove this notice until such notice is complied with.”

          25-5-4           DANGEROUS AND UNSAFE BUILDING DEFINED.  All buildings or structures which have any or all of the following defects shall be deemed “dangerous and unsafe buildings”.
          (A)               Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
          (B)               Those which, exclusive of the foundation, show thirty-one percent (31%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
          (C)               Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
          (D)               Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the Village.
          (E)               Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those living therein.

          (F)               Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
          (G)               Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
          (H)               Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
          (I)                Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Village.
          (J)                Those buildings existing in violation of any provision of the Building Code of this Village, or any provision of the Fire Prevention Code, or any other ordinances of the Village.
          (K)               Those vacant buildings with unguarded openings shall be deemed to constitute a fire hazard and to be unsafe within the provisions of this Code.
          (L)               Those buildings which are uncompleted or abandoned.

          25-5-5           STANDARDS FOR REPAIR, VACATION OR DEMOLITION.  The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation, or demolition:
          (A)               If the “dangerous and unsafe building” is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
          (B)               If the “dangerous and unsafe building” can reasonably be repaired so that it will no longer exist in violation of the terms of this Code, it shall be ordered repaired.
          (C)               In any case where a “dangerous and unsafe building” if fifty percent (50%) damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Code, it shall be demolished.  In all cases where a “dangerous and unsafe building” is a fire hazard existing or erected in violation of the terms of this Code, or any ordinance of the Village, or statute of the State of Illinois, it shall be demolished.  (See “Non-Conforming Uses” of the Zoning Code)

          25-5-6         DANGEROUS AND UNSAFE BUILDINGS - NUISANCES.  All dangerous and unsafe buildings within the terms of this Article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore or hereinafter provided.

          25-5-7           DUTIES OF THE ATTORNEY.  The Village Attorney shall apply to the Circuit Court for an order authorizing the demolition, repair, or vacation of dangerous and unsafe buildings or uncompleted or abandoned buildings when notices have not been complied with and when requested to do so by the Building Inspector.

          25-5-8           LIENS.  The cost of repair, demolition, vacation, or enclosure shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be subordinate to all prior existing liens and encumbrances; provided that within sixty
(60) days
after said cost and expense is incurred, the Village or person performing the service by authority of the Village, in his or its own names, shall file notices of lien in the office of the County Recorder of Deeds.  The notice shall consist of a sworn statement setting out:
          (A)               A description of the real estate sufficient for identification therefor;
          (B)               The amount of money representing the cost and expense incurred or payable for the service; and
          (C)               The date or dates when said cost and expense was incurred by the Village.
          Upon payment of said cost and expense by the owner of or persons interested in said property after notice of lien has been filed, the lien shall be released by the Village or person in whose name(s) the lien has been filed and said release may be filed of record as in the case of filing notice of lien.  The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics of lien.  Suit to foreclose this lien shall be commenced within three (3) years after the date of filing notice of lien.

          25-5-9           INSPECTIONS.  A person or agency charged with enforcement of this Article shall have the right to enter any property at any reasonable time to inspect any facility, premises or condition thereon for the purpose of determining whether this Article is being complied with or any provision thereof being violated.  Refusal by the owner of right of entry shall cause the person or agency to seek permission of a court of competent jurisdiction for right of entry.  In the event that the person or agency has reasonable cause to believe that there exists in any building or upon any premises any condition which makes the building or premises unsafe, the person or agency may enter such building or premises at any time reasonable under the circumstances to inspect the same or to perform any duty imposed upon the person or agency; provided that if such building or premises be occupied, the person or agency shall first present proper credentials and demand entry.  If such building or premises be unoccupied, said person or agency shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry.  If such entry is refused, it shall cause the person or agency to seek permission of a court of competent jurisdiction for right of entry.  In the event that any condition of an unoccupied building or premises presents a clear and immediate danger to the health and safety of citizens of the Village such that immediate inspection is required in order for the Village or other authorities to take immediate, emergency action to safeguard its citizens, inspection may be made immediately without permission from the owner or person in charge or control of said unoccupied building or premises, provided that reasonable efforts are made to give such notification as soon thereafter as possible.

(See 65 ILCS Sec. 5/11-31-1)

ARTICLE VI - ILLEGAL DISCHARGES INTO SANITARY SEWER

 

            25-6-1           ILLEGAL DISCHARGES CONSTITUTES NUISANCE.  Any person or entity upon whose real or personal property (hereinafter “property”) originates the discharge of or whose property facilitates the transfer of storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters which ultimately flow and drain into the Village sanitary sewer system shall immediately cease and desist from discharging or facilitating the transfer of said waters into the Village sanitary sewer system, regardless of whether said waters enter the Village sanitary sewer system upon that person’s or entity’s property or upon the property of another.  The initiation of such discharge or facilitation shall also be disallowed and forbidden.  All persons or entities whose property is within the Village limits or is connected to the Village sanitary sewer system shall maintain their property in such a manner as to comply with this Article and shall be responsible for all costs and expenses that a person or entity might incur in bringing his, her or its property into compliance with this Article.  This provision applies to all persons or entities whose property is within the Village limits or is connected to the Village sanitary sewer system, regardless of whether a person or entity may have received a special use permit, exemption, or permission, by ordinance or otherwise, from the Village Board or Village personnel in the past.  An exemption, special use permit, or permission granted in the past by the Village which purports to allow any action or status which would be a violation of this Article is hereby rescinded and declared null and void.  It is the intent of this Article that it apply retroactively and that no property will be “grandfathered” to be exempt from this Article.  (See Sections 38-4-49 and 38-4-50)

             25-6-2           DECLARATION OF NUISANCE.  The discharge of storm water, surface water, ground water, roof runoff, sub-surface drainage, cooling water or unpolluted industrial process waters into the Village sanitary sewer system and the facilitation of same, is hereby declared to be a nuisance and a violation of this Article.

             25-6-3           COMBINED SEWER DISCHARGES.  A combined sewer in which both sewage and other waters as noted herein are combined and transported is specifically deemed a nuisance and a violation of this Article.

             25-6-4           WRITTEN NOTICE TO DESIST.  Any person or entities found to be violating any provision of this Article shall be served by the Village with written notice stating the nature of the violation and the actions needed to correct the violation and providing a time limit for the satisfactory correction thereof.  The offender shall, within the time limit stated in said notice, permanently cease all violations and/or bring his property into compliance with this Article, as the case may be per said notice.

             25-6-5           PENALTY.  Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given per Section 25-6-4 above shall be guilty of a Class C Misdemeanor and upon conviction shall be subject to a fine of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty
Dollars ($750.00)
.  Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine.  A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.  (See Section 1-1-20 also)  (Ord. No. 2011-655; 01-24-11)

             25-6-6           HEARINGS FOR OFFENDERS.  Any persons or entities which neglect or willfully refuse to take corrective action as indicated by the notice of the Village without just cause may be subject to having their access to the Village sanitary sewer system physically disconnected.  Notice and opportunity for hearing shall be afforded to the offender before commencement of the disconnect.

             25-6-7           SUIT IN EQUITY.  The Village may bring a suit in equity to require the offender to abate the nuisance or to allow the Village to abate the nuisance itself in a suitable manner which is not otherwise authorized by this Article.

             25-6-8           LIABILITY FOR EXPENSES.  Any persons or entities violating any of the provisions of this Article shall become liable to the Village for any expense, loss or damage occasioned the Village by reason of such violation or by reason of the Village’s abatement of such violation, including any attorney fees that might be expended by the Village to prosecute violations of this Article or to seek enforcement or abatement in equity.

[See Chapter 38 – Utilities, Article IV – Sewers]

 

ARTICLE VII - BUILDING AS NUISANCE - OPTIONAL ENFORCEMENT METHOD

   

            25-7-1           ABATEMENT OF NUISANCE.  Pursuant to 65 ILCS 5/11-31-1, the Village may determine to have a structure demolished, repaired or enclosed, and any garbage, debris and any other hazardous, noxious or unhealthy substances or materials removed from any premises located within the Village limits in order to abate any immediate and continuing hazard to the Village community as follows hereafter.

             25-7-2           DESIGNATION OF CORPORATE OFFICIAL.  For purposes of this Article the corporate official designated to be in charge of enforcing the provisions of this Article (hereinafter the “Corporate Official”) shall be the Mayor and the Village Building Inspector, who each may act independently of the other, but only with the advice and consent of the Village Board of Trustees and the Village Zoning Board.

             25-7-3           REQUIREMENTS FOR DETERMINATION OF NUISANCE.  In order to subject any property to the requirements of this Article, the property must first be determined by the Corporate Official to be:
          (A)               A residential or commercial building, which is:
                                 (1)      three (3) stories or less in height; and
                                 (2)      open and vacant; and
                                 (3)      an immediate and continuing hazard to the community.
          (B)               Any building so determined shall be considered and declared a public nuisance which the municipality may seek to abate.

             25-7-4           NOTICE TO BE GIVEN.
          (A)               Prior to the Corporate Official providing appropriate notice as provided hereafter, the Village shall obtain an ownership and lien search report from a suitable title company or attorney, including the permanent tax identification number and the common address of the subject property.
          (B)               Upon making a finding as required in Section 25-7-3 and being otherwise authorized as noted herein this Article, the Corporate Official shall:
                                 (1)      post a notice by way of a weatherproof sign that is not less than two (2) feet by two (2) feet in size on the front of the building.
                                 (2)      state in that notice the date of the posting of said notice.
                                 (3)      state in that notice the address of the property in question.
                                 (4)      state in that notice the following: “The Village of Noble finds that this building is open and vacant and is an immediate and continuing hazard to the Village, and unless this building is demolished, repaired, or enclosed and unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed pursuant to the Village Code 25-7-1 et seq. so that an immediate and continuing hazard to the community no longer exists, then the Village may demolish, repair, or enclose this building, or remove any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials therefrom, and then may place a lien on this property for the cost thereof, including attorney fees and court costs, if necessary.  Please contact Noble Village Hall for more information including the time limit for and type of remedial action to be taken.”  This language shall be made in a size of type that will utilize most of the surface area of the sign.
                                 (5)      the notice shall also state elsewhere on the sign: “Any person who defaces, removes or covers this notice shall be prosecuted under penalties of law.”  It shall be illegal for any person to deface, remove, cover or otherwise tamper with said sign without permission from municipal authorities.

             25-7-5           PROCEDURE AFTER NOTICE IS POSTED.  Not later than thirty (30) days following the posting of the notice, the Village shall do ALL of the following:
          (A)               Cause to be sent, by certified mail, return receipt requested, a Notice to Remediate which states the remedial action that the owner of or other persons interested in the property must undertake and which also states the intent of the Village to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials, as the case may be, if that action is not taken by the owner or owners within the time limit set forth in that Notice, to all of the following parties (hereinafter “interested parties”):
                                 (1)      all owners of record of the property, and
                                 (2)      all the beneficial owners of any Illinois land trust having title to the property, and
                                 (3)      all lienholders of record in the property.
          The time limit to be set forth therein this Notice to Remediate shall be no less than the minimum time limit noted in Section 25-7-7 and shall also be the same time limit set forth in the publication notice described hereafter.
          (B)               Cause to be published, in a newspaper published or circulated in the Village where the building is located, a notice setting forth the following:
                                 (1)      the permanent tax index number and the address of the building;
                                 (2)      a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and
                                 (3)      a statement that the Village intends to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so within the time limit set forth in the notice.
          The notice shall be published for three (3) consecutive days.  The time limit to be set forth therein this notice shall be no less than the minimum time limit noted in Section 25-7-7 and shall also be the same time limit set forth in the Notice to Remediate.
          (C)               Record the Notice to Remediate mailed under paragraph (A) in the Richland County Recorder’s Office.

            25-7-6           RIGHT TO OBJECT.  Any person or persons, including any interested party as defined herein, with a current legal or equitable interest in the property objecting to the proposed actions of the corporate authorities may file his or her objection in an appropriate form in a court of competent jurisdiction.

             25-7-7           TIME LIMIT FOR OWNER TO DEMOLISH, ETC.  If the building is not demolished, repaired, or enclosed, or the garbage, debris, or other hazardous, noxious, or unhealthy substances or materials are not removed pursuant to the time limits set forth in the Notice to Remediate and publication notice, then after thirty (30) days of the later of (i) the mailing of the notice to the owners, etc. as specified in Section 25-7-5(A) or (ii) the last day of publication of the notice specified in Section 25-7-5(B), the corporate authorities shall have the power to demolish, repair, or enclose the building or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials, but may NOT so commence such abatement action until the time limit set forth in the Notice to Remediate and the publication notice has expired.

             25-7-8           TIME LIMIT FOR VILLAGE TO COMMENCE DEMOLITION, ETC.  If the owner or any interested party has not taken the necessary steps to timely take the remedial action called for in the Notice to Remediate and publication notice, then the Village may proceed to demolish, repair, or enclose a building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this Article within a one hundred twenty (120) day period following the date of the mailing of the Notice to Remediate if the appropriate official determines that the demolition, repair, enclosure, or removal of any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard.

             25-7-9           OWNER PROCEDURE TO STAY VILLAGE DEMOLITION, ETC.  If, however, before the Village proceeds with any of the remedial actions authorized by this Article, any person, including any interested party, with a legal or equitable interest in the property has sought a hearing under this Article before a court and has served a copy of the complaint on the chief executive officer of the Village, then the Village shall not proceed with the demolition, repair, enclosure, or removal of garbage, debris, or other substances until the court determines that the action is necessary to remedy the hazard and issues an order authorizing the Village to do so.  If the court dismisses the action for want of prosecution, the Village must send the objector a copy of the dismissal order and a letter stating that the demolition, repair, enclosure, or removal of garbage, debris, or other substances will proceed unless, within thirty (30) days after the copy of the order and the letter are mailed, the objector moves to vacate the dismissal and serves a copy of the motion on the chief executive officer of the Village.  Notwithstanding any other law to the contrary, if the objector does not file a motion and give the required notice, if the motion is denied by the court, or if the action is again dismissed for want of prosecution, then the dismissal is with prejudice and the demolition, repair, enclosure, or removal may proceed forthwith.

            25-7-10         FILING AND PRIORITY OF LIEN.  Following the demolition, repair, or enclosure of a building, or the removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this Article, the Village may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within one hundred eighty (180) days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, in the Richland County Recorder’s Office; this lien has priority over the interests of those parties named in the Notice to Remediate mailed under paragraph 25-7-5(A), but not over the interests of third party purchasers or encumbrances for value who obtained their interests in the property before obtaining actual or constructive notice of the lien.

             25-7-11         CONTENTS OF NOTICE OF LIEN.  The notice of lien shall consist of a sworn statement setting forth the following:
          (A)               a description of the real estate, such as the address or other description of the property, sufficient for its identification;
          (B)               the expenses incurred by the Village in undertaking the remedial actions authorized under this Article;
          (C)               the date or dates the expenses were incurred by the Village.
          (D)               a statement by the corporate official responsible for enforcing the building code that the building was open and vacant and constituted an immediate and continuing hazard to the community;
          (E)               a statement by the corporate official that the required sign was posted on the building, that notice was sent by certified mail to the owners of record and the other interested parties as noted in this Article, and that notice was published in accordance with this Article; and
          (F)               a statement as to when and where the notice was published.

             25-7-12         FAILURE TO COMPLY WITH NOTICE – PENALTIES.  Any persons or entities who shall continue any violation beyond the time limit provided for in the notice to be given shall be guilty of a violation of this Article and upon conviction shall be subject to a fine only of not less than One Hundred Twenty Dollars ($120.00) but not more than Seven Hundred Fifty Dollars ($750.00).  Each day in which any such violation shall continue shall be deemed a separate offense, subject to a separate fine.  A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.  (See Section 1-1-20 also)  The Village shall not be required to issue another notice where the condition or violation is at first abated, but later resumed and/or repeated.  This penalty may be in addition to, rather than in lieu of, any other remedies or penalties that this Village Code or any Illinois statute might provide for, at the discretion of Village authorities.  The Village may utilize any remedy afforded to it by any other provision of its Village Code or by any relevant statute in order to prevent and/or abate such nuisance.  (See Section 1-1-20 et seq.)

(Ord. No. 2013-672; 05-28-13)