HomeMy WebLinkAboutORDINANCE - 1523 - 5/11/1982 - PLANTS & WEEDSORDINANCE NO. 1523
AN ORDINANCE AMENDING ARTICLE V, PLANTS
AND WEEDS OF CHAPTER 16 OF THE MUNICIPAL
CODE OF THE VILLAGE OF ELK GROVE VILLAGE
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 1: That Article V, Plants and Weeds of Chapter
16 of the Municipal Code of the Village of Elk Grove Village
is hereby amended to read as follows:
Article V - Plants and Weeds
16.501 deeds Defined: Weeds, as used in this Article,
shall include the following: (1) noxious weeds: ragweed,
giant and common; Canada thistles, and all of its varieties;
perennial sow thistle; European bind weed; hoary cress,
leafy spurge, Russian knanweed. (2) Others - burdock, cockle-
bur, jimson, blue vervain, common milk weed, wild carrot,
poison ivy, wild mustard, rough pigweed, lambsquarter, wild
lettuce, curled dock, smart weeds (all varieties, poison
hemlock, wild hemp, ox eye daisy, goldenrod, yellow hemlock,
buckhorn or other weeds of a like kind.
16.502 Improper Growth of Weeds/Nuisance: It shall be
a nuisance and therefore unlawful for any owner, lessee or
occupant, or any agent, servant, representative or employee
of any such owner, lessee or occupant, having charge or control
of any lot within the Village of Elk Grove Village to permit
or maintain on any such lot, including the area located
between the property line and the curb or edge of roadway,
any growth of weeds as herein defined over eight (8") inches
in heighth from the ground. Owner shall include the legal
titleholder and/or the beneficial owner of any such lot.
16.503 Notice - Removal: It shall be the duty of the
health officer or his designated 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 weeds or
plants are permitted to grow in violation of the provisions
of this Article and to demand the abatement of the nuisance
within ten (10) days from the date thereof. Said Notice
may, but need not, include the name or names of companies
engaged in the business of weed cutting and who have advised
the Village of their willingness to contract with any owner,
lessee or occupant who receives the notice as is set forth
herein. Any contractual arrangements between said company
or companies and any owner, lessee or occupant shall be
deemed a private transaction and the Village of Elk Grove
Village shall not be liable for any expenses, damages or
injuries of whatever nature which may result from said trans-
action.
16.504 Penalty: Any person, firm or corporation which
does not abate the nuisance within the required time period
or who otherwise violates 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; and a separate offense shall be deemed
committed on each day during or on which a nuisance continues
unabated after ten (10) days from receipt of notice.
In addition to any penalties herein provided, the
Village may issue stop work orders upon owners of lots where
work is unfinished under a previously issued building permit for any
violation of this Article.
16.504 Alternative Remedy/Abatement/Lien/Foreclosure:
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 expense shall be charged to and paid by such owner
or occupant. Notice of the bill for weed cutting shall be
mailed to the owner of the premises and shall be payable within
then (10) days from receipt thereof.
Charges for weed cutting 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
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Recorder of Deeds in the county in which such real estate is
located or in the Office of the Registrar of Titles of such
county if the real estate affected is registered under the
Torrens System. The notice shall consist of a sworn statement
setting out:
1. A description of the real estate sufficient for
identification thereof;
2. The amount of money representing the cost and
expense incurred or payable for the service; and
3. 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 weed cutting, as provided for in
the following section.
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 nay 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 jurisdiction over such matters,
against any property for which a bill for weed cutting has
remained unpaid sixty (60) days after it has been rendered.
Section 2: That this Ordinance shall be in full force
and effect from and after its passage, approval and publication
according to law.
VOTES:
AYES: 6 NAYS:
0
ABSENT: 0
APPROVED:
Charles J.
Zettek
ATTEST:
Village President
Fay M. Bishop
Village Clerk
PASSED
this 11th day of
May
1982.
APPROVED
this 11th day of
May
1982.
PUBLISHED
this 19th day of
May
1982,
in the
Elk Grove Daily Herald
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