Chapter 21 - Refuse Collection and Disposal
Division 3 - Nuisances
SEC. 21.3-1 INSPECTION AND INVESTIGATION. When the existence of a public nuisance is brought to the attention of the Chief of Police, he shall cause an inspection and investigation to be made by the appropriate agencies to determine whether removal is necessary.
SEC. 21.3-2 NOTICE TO ABATE. The Chief of Police shall, after inspection and investigation, under the provisions of the preceding section, cause a notice in writing to be served upon the person who is responsible for the existence of the nuisance. If personal service of the notice cannot be made, then such notice shall be left at the residence or usual place of business of the person found to be responsible.
The notice shall indicate the date of the inspection and investigation and the hours and location where the inspection was made. The notice shall set forth what the nuisance consists of and indicates the abatement or remedy required.
SEC. 21.3-3 FAILURE TO ABATE AFTER NOTICE; ABATEMENT BY CITY; COST. After the expiration of 5 days from the time the notice is served, if the nuisance is not abated or other remedy made is required, it shall be done under the direction of the Chief of Police, and the cost of so doing shall be collected from the person who is responsible for the nuisance with a penalty of 10 per cent of such costs in an appropriate court of competent jurisdiction. The cost of abatement shall be deemed a lien upon the title to the real estate until same has been paid and released. The Town Clerk shall, upon notice from the Chief of Police, file for record in the Recorder’s Office of McLean County, Illinois, any unpaid costs so incurred by the Town in the abatement of any such nuisance and shall likewise file for record a release of same when payment in full of costs and penalty has been made.
SEC. 21.3-4 ABATEMENT IN CASE OF EMERGENCY. If the nuisance constitutes an emergency, the time for abatement may be reduced by the Chief of Police in the notice which specifies that the emergency exists.
SEC. 21.3-5 ABATEMENT BY OWNER, AGENT OR OCCUPANT WHERE RESPONSIBLE PERSON IS UNKNOWN. When any nuisance, or anything likely to become a nuisance, may be found upon any premises, and the person causing such nuisance is unknown or cannot be found, the owner, agent or occupant of the premises shall be notified by the Chief of Police, to abate the same. If such owner, agent or occupant, whose duty it is hereby made to abate such nuisance, shall not promptly comply with such notice, he shall be subject to the penalty as hereinafter provided.
SEC. 21.3-6 THINGS INTERFERING WITH PEACE OR COMFORT. Sound, animals or things which interfere with the peace or comfort or disturb the quiet of any person in the Town are hereby declared to be a public nuisance.
Anything which is made, permitted, used, kept, maintained or operated, or any building or any animal that is kept in the Town or outside of the Town, but within one-half mile of its limits, in a manner which is offensive, nauseous, dangerous to life, limb or property or detrimental to the health of the persons residing in that area shall be a public nuisance.
Whoever shall, within the limits of the Town, establish or maintain any tallow, chandlery, tannery, bone or soap factory, or shall steam, boil or render any tainted lard, tallow, offal or other unwholesome animal substance shall be deemed guilty of a nuisance; and whoever shall, without the Town limits, and within one mile thereof, establish or maintain any such chandlery, factory, tannery or rendery without first obtaining the consent of the Town Council; or whoever, having obtained such permission and consent, shall so conduct or carry on any such business so as to taint the air and render it offensive or unwholesome, or so as to affect the health or comfort of persons residing in the neighborhood thereof, shall be deemed guilty of a nuisance.
Whoever shall, within the Town, place or throw, or permit to be discharged, or to flow from or out of any house or premises, any filthy foul or offensive matter or liquid of any kind, into any street, alley or public place, or upon any adjacent lot or ground or shall allow or permit the same to be done by any person connected with the premises under his control, shall be deemed guilty of a nuisance.
The various nuisances described and enumerated in this section shall not be deemed to be exclusive, but shall be in addition to all other nuisances described and prohibited by this Code.
SEC. 21.3-7 COMMON LAW AND STATUTORY NUISANCES. In addition to what is herein declared to be a nuisance, those offenses known to the common law or of the statutes of the state, as nuisances may, in case the same exists within the Town, be treated as such and proceeded against as in this Chapter provided.
SEC. 21.3-8 GRAFFITI. Any wall or exposed surface marked with graffiti as defined herein shall constitute a public nuisance. The owner of real or personal property marked with graffiti shall completely remove or permanently cover any and all graffiti placed on such real or personal property within seven (7) days of the date the graffiti was placed upon the property. As used in this section, graffiti shall mean any drawing, inscription, writing, figure, or mark made upon a wall or other exposed surface, including but not limited to any house, garage, rock, bridge, fence, gate, tree, monument, motor vehicle, sidewalk, street, lamppost, street sign, underpass or retaining wall, whether publicly or privately owned with paint, chalk, dye, ink, pencil, wax or other similar substance or by etching, scratching, cutting, burning, or carving without the express consent of the owner of said wall or other exposed surface. (Entire SEC. 21.3-8 Added by Ord. No. 4074 August 3, 1992)
SEC. 21.3-9 MOSQUITO BREEDING.
- Standing Water as Public Nuisance. All stagnant water
in which mosquitoes can multiply is hereby declared to be a
public nuisance. All items containing stagnant water which can
serve as a breeding ground for mosquitoes are hereby declared
to be a public nuisance. This includes, but is not limited to,
bottles, cans, buckets, swimming pools, clogged gutters or any
other places containing stagnant water. The outdoor storage
of tires for more than seven (7) consecutive days is declared
a public nuisance. The foregoing declarations of public nuisances
shall not apply to ditches, drainage ways, detention basins,
lakes, streams and natural land formations where water may collect.
- It shall be unlawful for any property owner, lessee, tenant
or other person otherwise in control of property to allow a
public nuisance as set forth in Section 21.3-9(A) to exist on
any property owned, leased, used, occupied or in which such
person otherwise has an interest to remain on such property.
- Nuisance Abatement: In the event of a violation of
SEC. 21.3-9 (A), the Building Commissioner or his designee,
shall notify, in writing, such owner, occupant, person in control,
or agent to remove such public nuisance. In the event such owner,
occupant, person in control, or agent cannot be located after
reasonable inquiry, posting shall be sufficient notice. The
notice shall state that unless such nuisance is so abated or
removed by a specified date, the Town will cause it to be abated
or removed, that the cost thereof will be charged to the owner,
occupant, or person causing, permitting or maintaining the nuisance,
and that such cost shall be a lien upon the real property where
the nuisance was abated or removed. Such notice shall also state
that the failure of such owner, occupant, person in control,
or agent to abate the nuisance as required by such notice shall
be deemed an implied consent for the Town to abate or remove
such nuisance. Such implied consent shall be deemed to form
a contract between such owner, occupant, person in control,
or agent and the Town. If such owner, occupant, person in control,
or agent fails to abate any nuisance within the time limit specified
in such notice, the Town may proceed to abate such nuisance,
keeping an account of the expense of the abatement as to each
particular lot or tract, and such expense shall be charged and
paid by such owner, occupant, person in control, or agent.
- Administrative Expense: In addition to the expenses
set forth in SEC. 21.3-9(C), the Town shall charge a
fifty dollar ($50.00) fee to cover a portion of the administrative
costs incurred for removal of the nuisance. Where the Town causes
the removal of pubic nuisances from more than one lot in the
same subdivision and said lots are owned by the same persons,
then the Town shall charge a fifty dollar ($50.00) fee for the
first such lot and a five dollar ($5.00) fee for each additional
lot.
- Lien or Personal Judgment: If the costs of abating
or removing the nuisance remains unpaid, the Town at its option,
may file a lien upon the real property where the nuisance was
abated or removed, or commence proceedings in the Circuit Court
seeking a personal judgment from the owner of or persons interested
in such property where the nuisance was abated or removed.
- Lien: When the Town exercises its right to file
a lien upon the real property where the nuisance was abated
or removed, the Town must file a Notice of Lien in the office
of the Recorder of Deeds of McLean County. Such Notice shall
consist of a sworn statement setting out:
- A description of the real estate, sufficient for
identification;
- The amount of money representing the cost and expense
incurred or payable for the service, and;
- The date or dates when such cost or expense was
incurred by the municipality. This lien shall be superior
to all other liens except taxes, provided, however,
it shall not be valid as to any purchaser whose right
in and to such real estate have risen subsequent to
the date on which such costs were incurred and prior
to the filing of such Notice and a lien of the Town
shall not be valid as to any mortgages, judgment, creditor,
or other lien or whose rights in and to such real estate
arise prior to the filing of such Notice. Upon payment
of the costs and expenses by the owner or any other
person interested in such property, after the Notice
of Lien has been filed, the lien shall be released by
the Town and the release may be filed of records as
in the case of filing the Notice of Lien. The lien may
be enforced by proceeding to foreclosure, as provided
by law.
- A description of the real estate, sufficient for
identification;
- Personal Judgment: When the Town exercises its
right to obtain a personal judgment against an owner, occupant,
person in control, or agent for the cost of abatement or
removal of a nuisance, the Town shall file an action in
the Circuit Court against any person or persons to whom
notice was sent as authorized in SEC. 21.3-9(C).
Said action shall be based upon the implied consent by said persons to form a contract with the Town for the abatement or removal of said nuisances. The action authorized by this paragraph shall be in addition to, and without waiver, of any other remedy.
- Lien: When the Town exercises its right to file
a lien upon the real property where the nuisance was abated
or removed, the Town must file a Notice of Lien in the office
of the Recorder of Deeds of McLean County. Such Notice shall
consist of a sworn statement setting out:
SEC. 21.3-10 PENALTY. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist.
(SEC. 21.3-9 and SEC. 21.3-10 Added 10/7/02 by Ord. No. 4816)