HomeMy WebLinkAboutORDINANCE - 3205 - 5/12/2009 - AMEND CODE/RAIN BARRELS & FORECLOSED PROPERTYORDINANCE NO. 3205
AN ORDINANCE AMENDING SECTION 4-2-2 SPECIFIC NUISANCES
ENUMERATED OF CHAPTER 2 OF TITLE 4 PUBLIC HEALTH BY ADDING
PROVISIONS WITH RESPECT TO RAIN BARRELS AND WITH RESPECT TO
FORECLOSED PROPERTY
WHEREAS, the Village of Elk Grove Village is initiating a Rain Barrel Program,
which program will include the placement of rain barrels in various locations on private
property; and
WHEREAS, the improper placement of said rain barrels has been determined by
the Health Department of the Village to be a nuisance which.should be set forth in
Section 4-2-2 Specific Nuisances Enumerated of the Village Code; and
WHEREAS, in addition, the Village is experiencing an increase in the number of
home foreclosures, which foreclosures in many instances create a nuisance to adjoining
properties as well as the Village as a whole; and
WHEREAS, the Health Department of the Village of Elk Grove Village has
likewise determined that it is necessary and appropriate to list foreclosure nuisances as a
Specific Nuisance Enumerated in Section 4-2-2 of the Village Code.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That Section 4-2-2 of the Village Code of Elk Grove Village be and
the same is hereby amended by adding thereto the following section.
K. Rain Barrels: It is hereby declared a nuisance to locate or permit
a rain barrel to be located within the front yard area of any property.
Rain barrels shall be constructed and maintained to prevent the
breading of mosquitoes and other insects which commonly breed
in stagnant water.
Section 2: That Section 4-2-2 of the Village Code is further amended by adding
a section pertaining to nuisances created by foreclosure homes, which section shall read
as follows:
L. Foreclosed Properties:
Prohibited Generally: It shall be unlawful for any person,
lender, or owner to permit any foreclosed property to
become a nuisance as defined in this section and Section
4-2-1 of this Village Code.
2. Notice to Remove: It shall be the duty of the Director or
his designated agent to serve or cause to be served a
notice upon the owner or lender or any agent, servant,
representative or employee of any owner, lessee or
occupant of any foreclosed property on which a nuisance
exists, that they are in violation of the provisions of this
chapter and to demand the abatement of the nuisance
within seven (7) 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 nuisance(s) and placing a lien on the affected property.
3. Abatement by Village/Lien/Penalties/Administrative Fee:
1. Abatement/Lien: If the person or lender so served
does not abate the nuisance within seven (7) days,
the Village may proceed to abate such nuisance,
keeping an account of the expense of the abatement,
and such expense shall be charged to and be paid by
such owner or occupant. Notice of the bill for
abatement of a nuisance shall be mailed to the
owner or occupant of the foreclosed property and
shall be payable within ten (10) days from the
date of mailing. Any unpaid expenses shall constitute
a lien on the subject premises and the Village
Attorney is authorized to file Notice of Lien and
process same in the manner established for the
processing of weed cutting liens as set forth in
Section 4-5-5 of this Title 4.
2. Penalties/Administration Fee: In addition to being
subject to such penalties as set forth in Section 4-2-3
of this Chapter, any person or lender violating the
provisions of this section shall be subject to the
payment of an administrative fee for services
including monitoring, inspections, correspondence,
lien preparation and such other expenses incurred by
the Village, which administrative fees are as follows:
(a) first time offense: Fifty dollars ($50.00)
(b) second offense within the same calendar year
one hundred fifty dollars ($100.00)
(c) third offense within the same calendar year
two hundred fifty dollars ($250.00)
(d) fourth and or additional offenses within the
same calendar year five hundred for each
such offense ($500.00)
Section 3: That the Village Clerk is authorized to publish this Ordinance in
pamphlet form.
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: 6 NAYS: 0 ABSENT: 0
PASSED this 12th day of May 2009.
APPROVED this 12th day of May 2009.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
PUBLISHED this 15th day of May 2009 in pamphlet form.
ordrainbarrels.doc