HomeMy WebLinkAboutORDINANCE - 2581 - 8/12/1997 - NUISANCES/LITTER & YARDWASTEORDINANCE NO. 2581
AN ORDINANCE AMENDING PARAGRAPH B. DEBRIS, LITTER AND YARD
WASTE OF SECTION 4-2-2 OF THE VILLAGE CODE PERTAINING TO NUISANCES
BY ADDING THERETO PROVISIONS PERTAINING TO THE PLACEMENT OF A
LIEN ON PROPERTY FOR ANY COST INCURRED BY THE VILLAGE TO ABATE
NUISANCES
WHEREAS, debris, litter and yard waste, when permitted to scatter or accumulate ren-
ders public and private property unsanitary, unsightly and can interfere with the use and enjoy-
ment of affected and surrounding property; and
WHEREAS, the President and Board of Trustees after having considered the recommen-
dation of the Health Department of the Village find and believe that prompt abatement of debris,
litter and yard waste nuisance is in the best interest of the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section I - That Section 4-2-2B., Debris, Litter and Yard Waste of the Village Code be
and the same is hereby amended by adding thereto the following paragraphs:
3. Notice to Remove: It shall be the duty of the Health Officer or his desig-
nated agent to serve or cause to be served a notice upon the owner, lessee or
occupant, or any agent, servant, representative or employee of any such
owner, lessee or occupant, of any premises on which debris, litter and yard
waste is permitted to scatter or accumulate in violation of the provisions of
this Chapter and to demand the abatement of the nuisance within ten (10)
days from the date thereof. Said notice shall advise the violator that a failure
to abate the nuisance within the designated time period will result in the
Village abating the nuisances and placing a lien on the affected property.
4. Abatement by Village; Costs: If the person so served does not abate the
nuisance within ten (10) days, the Health Officer may proceed to abate such
nuisance, keeping an account of the expense of the abatement, and such ex-
pense shall be charged to and paid by such owner or occupant. Notice of the
bill for debris, litter and yard waste removal shall be mailed to the owner of
the premises and shall be payable within ten (10) days from receipt thereof.
5. Debris, Litter and Yard Waste Lien:
a. Lien Claim: Charges for the removal of litter, debris and yard waste shall
be a lien upon the premises as provided by statute. Within sixty (60) days
after such costs and expense is incurred and remains unpaid, the Village
Clerk is authorized to file notice of lien in the office of the recorder of deeds
in the county in which such real estate is located. The notice shall consist of
a sworn statement setting out:
(i) A description of the real estate sufficient for identification thereof,
(ii) the amount of money representing the cost and expense incurred or pay-
able for the service; and
(iii) The date or dates when such cost and expense was incurred by the
Village.
The failure of the Clerk to record such lien claim or to mail such notice or
the failure of the owner to receive such notice shall not affect the right to
foreclose the lien for unpaid bills for the removal of litter, debris and yard
waste as provided for in the following subsection.
b. Foreclosure of Lien: Property subject to a lien for unpaid removal of
litter, debris and yard waste 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 is the case in the foreclosure of statutory liens. Such foreclosure
shall be by bill in equity in the name of the Village.
The Attorney for the Village is hereby authorized and directed to institute
such proceedings, in the name of the Village, in any court having jurisdic-
tion over such matters against any property for which a bill for the removal
of litter, debris and yard waste has remained unpaid sixty (60) days after it
has been rendered.
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Section 2: That any person, firm or corporation who violates any of the provisions of
this Ordinance shall be subject to a fine of not less than Twenty -Five ($25.00) Dollars nor more
than Five Hundred ($500.00) Dollars for each offense.
form.
Section 3: That the Village Clerk is authorized to publish this Ordinance in pamphlet
Section 4: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication according to law.
VOTE: AYES: 5
NAYS:
o
ABSENT: 1
PASSED this 12th
day of
August
1997.
APPROVED this 12th day of August 1997.
Craig B. Johnson
VILLAGE PRESIDENT
ATTEST:
Patricia S. Smith
VILLAGE CLERK
PUBLISHED this 15th day of August , 1997 in pamphlet form.
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