§ 34-33. Abatement.

(a)

By property owner or person responsible. The chief of police, or such other enforcement office as may be appointed by the village, shall cause to be served a notice in writing upon any person committing a nuisance, or upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises in or upon which any nuisance may be found, directing the person so served with such notice to abate, or cause the nuisance to be abated, within such time and in such manner as the notice may prescribe. The times so specified for abatement shall be reasonable, giving due regard to all the circumstances, and provided, further, that it shall not be necessary to specify the manner in which such nuisance shall be abated.

(b)

By village. If a person notified pursuant to subsection (a) of this section shall refuse to abate a nuisance within the time provided, the village may cause the abatement summarily or by judicial process at the expense of the person responsible for or permitting such nuisance. Persons appointed by the board of trustees may enter upon such property and abate the nuisance. The village may collect the costs of abating the nuisance from the owner of the property.

(c)

(1)

Abatement of weed, grass or tree nuisance: The chief of police, his designee, or such other enforcement officer as may be appointed by the village, (collectively, "enforcement personnel") are hereby authorized to abate the nuisances as described in section 34-31(17) through use of the process described below:

(i)

The enforcement personnel shall, upon discovery of the nuisance condition, attempt to make contact with the owner or occupier of the property through personal contact, telephone call, or mailed or facsimile notice to the registered owner or occupier of the property, notifying such person of the nuisance condition. Said notice shall provide the owner/occupier with a period of time of not less than seven days to abate the nuisance condition, unless the enforcement personnel determine that such condition presents an imminent threat to public health, safety or welfare, in which case no abatement period is necessary.

(ii)

If the nuisance has not been abated by the owner/occupier by the conclusion of the abatement period determined by the enforcement personnel, the enforcement personnel may take such steps as shall be necessary to provide for the abatement of the nuisance by or on behalf of the village, including cutting or trimming grass, cutting, trimming or removing weeds, trimming of trees or bushes, and the removal of nuisance bushes or trees.

(iii)

After the village has provided for the abatement of the nuisance, the enforcement personnel shall ensure that a notice is sent via personal delivery or certified mail to the person to whom the tax bill for general taxes on the property for the last preceding year was mailed (hereafter, "taxpayer of record"), along with a copy of the provisions of this section, a description of the nuisance condition, the date on which the nuisance was abated, and the cost of abatement. Said enforcement personnel shall thereafter, within 60 days of the abatement, take such steps as shall be necessary to record a sworn statement of lien against the affected property including such information as shall be required under the provisions of 65 ILCS 5/11-20-7 or any successor Illinois statute providing for the cutting, trimming or removal of weeds, grass, trees and bushes. A copy of said notice of lien shall also be mailed to the taxpayer of record.

(iv)

In the event any single property has a recurring nuisance condition occurring within a single calendar year which has not been addressed by the owner/occupier (e.g. an ongoing failure to cut grass/weeds), the enforcement personnel shall not be required to take those steps described in subsection (b)(1) above, and may proceed immediately to abatement of the nuisance, on the second or any subsequent occurrences of the nuisance.

(2)

Foreclosure of liens: Property subject to a lien for unpaid cutting charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as in the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the village. The village attorney is hereby authorized and directed to institute such proceedings, in the name of the village, in any court having jurisdiction over such matters, against any property for which a bill for weed cutting has remained unpaid 60 days after it has been rendered.

(3)

Ordinance violations: The occurrence of a nuisance as described in subsection 34-31(17) above shall be a violation of the Village Code of Ordinances. Action taken by the enforcement personnel to abate the nuisance shall not supersede the village code and the occurrence of such nuisance condition is subject to a fine of not more than $100.00 per day for each day the nuisance is permitted to remain in place. Each subsequent recurrence of a nuisance condition shall be a separate violation of this Code.

(Code 1987, §§ 18-3, 18-4; Ord. No. 2010-07, § 1, 7-19-2010)