HomeMy WebLinkAboutORDINANCE - 1078 - 7/13/1976 - HEALTH REGULATIONS/NUISANCESORDINANCE NO. 1078
AN ORDINANCE AMENDING CHAPTER 16, HEALTH REGULATIONS OF THE MUNICIPAL
CODE OF THE VILLAGE OF ELK GROVE VILLAGE, BY ADDING THERETO PROVISIONS
FOR THE REGULATION AND ABATEMENT OF PUBLIC NUISANCES
NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of
the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, as follows:
Section 1: That the chapter heading, Health Regulations, of Chapter 16, be
and the same is hereby amended to read as follows:
Chapter 16, Health Regulations, Offenses Related to Health, Nuisances.
Section 2: That Section 16.105, Penalty, of Article I, Contagious Diseases,
of Chapter 16, of the Municipal Code of the Village of Elk Grove Village, be and
the same is hereby amended to read as follows:
16.105 Penalty. Any person, firm or corporation violating any of the
provisions of this Article shall be fined not less than Ten Dollars ($10.00)
nor more than FIVE HUNDRED DOLLARS ($500.00) for each offense.
Section 3: That Section 16.206, Penalty, of Article II, Garbage and Refuse,
of Chapter 16, of the Municipal Code of the Village of Elk Grove Village, be and
the same is hereby amended to read as follows:
16.206 Penalty. Any person, firm or corporation violating any of the
provisions of this Article shall be fined not less than TEN DOLLARS ($10.00)
nor more than FIVE HUNDRED DOLLARS ($500.00) for each offense; and a separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues.
Section 4: That Article III, Other Regulations, of Chapter 16, of the
Municipal Code of the Village of Elk Grove Village, be and the same is hereby
amended as follows:
A. That the heading, Other Regulations of Article III, be and the same is
hereby amended to read as follows:
Article III. Offenses Relating to Health.
B. That Sections 16.303, Water Courses, and Section 16.304, Pools, of
Article 111, of Chapter 16, be and the same are hereby repealed.
C. That Sections 16.305, 16.306, 16.307, 16.308, of Chapter 16, shall be
renumbered to 16.303, 16.304, 16.305 and 16.306, respectively.
D. That Sections 16.309 and 16.310, of Chapter 16, are hereby deleted and
that Sections 16.311 and 16.312 be renumbered to 16.307 and 16.308, respectively.
E. That Section 16.313, Penalty, of Chapter 16, be renumbered to Section
16.309 and shall be amended to read as follows:
16.309 Penalty. Any person, firm or corporation violating any provisions of
this Article shall be fined not less than TEN DOLLARS ($10.00) nor more than FIVE
HUNDRED DOLLARS ($500.00) for each offense; and a separate offense shall be deemed
committed on each day during or on which a violation occurs or is permitted to
continue.
Section 5: That Chapter 16 of the Municipal Code of the Village of Elk
Grove Village, be and the same is hereby amended by adding thereto the following:
Article IV, Nuisances.
16.401 Offensive SmE Any business or premise wF emits or causes the
emission of offensive odors which taint the air, render it unwholesome or make
the air unsafe to the surrounding environment is hereby declared to be a nuisance.
It shall be unlawful for any person, firm or corporation to permit any such
nuisance to remain or exist upon any property under his or its control.
16.402 Debris, Litter. It shall be a nuisance and, therefore, unlawful for
any person, firm or corporation to permit any debris or litter to scatter, accum-
mulate or remain on any property under his or its control, or on any public street,
building or grounds. Debris and/or litter as herein defined shall mean garbage,
trash, junk, animal droppings, or other substances which may attract rodents and
vermin and may contain infectious germs or may endanger the health and safety of
Village residents.
16.403 Pollution. Polluted as herein defined shall mean the presence of one
or more contaminents in sufficient quantities of such characteristics and
duration as to be injurious to human, plant or animal life, to health or to
property or to unreasonably interfere with enjoyment of life or property.
It shall be a nuisance and, therefore, unlawful for any person, firm or
corporation to cause to be polluted, the atmosphere, any waterway, stream, lake,
pond, storm sewer or ground so as to render unsanitary, unsafe or dangerous to
the health and well-being of any person or animal, fish or fowl, coming in
contact with said polluted air, water or ground within: the Village:of Elk Grove
Village.
16.404 Stagnant Water.
A. Definitions. The term "Stagnant Water" or "Standing Water" shall mean
any accummulation of water, including but not limited to ponds, drainage ditches,
basins or low surface level areas in which water is likely to accummulate and
not drain freely.
B. It is hereby declared a nuisance to permit standing or stagnant water
to remain upon any industrial or commercially zoned property within the Village
or upon any vacant property located within the Village.
C. The Village Manager is directed to abate such nuisance by any means
deemed necessary so as to prevent the breeding of mosquitos and other annoying -
insects. The Village Manager is further directed to contact the Northwest
Mosquito Abatement District or any other such agency to effectuate the provisions
of this Article.
D. It shall be unlawful for any person, firm or corporation to prevent,
obstruct or prohibit the Village, the Village Manager, or any agent of the
Village from abating such nuisance in the manner above provided.
16.405 Penalty. Any person, firm or corporation violating the provisions
of this Ordinance shall be fined not less than TEN DOLLARS ($10.00) no: more
than FIVE HUNDRED DOLLARS ($500.00) for each offense, and a separate offense
shall be deemed committed on each day on which a violation occurs or continues
to exist.
Section 6: That Chapter 16 of the Municipal Code of the Village of Elk
Grove Village, be and the same is hereby amended by adding thereto the following:
Article V, Plants and Weeds:
16.501 Nuisance. Any weeds such as jimson, burdock, ragweed, thistle,
cockleburr, or other weeds of a like kind, found growing in any lot or tract of
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land in the Village are\,__reby declared to be a nuisance -and it shall be unlawful
to permit any such weeds to grow or remain in any such place.
16.502 Height. It shall be unlawful for anyone to permit any weeds, grass
or plants, other than trees, bushes, flowers or other ornamental plants, to grow
up to a height exceeding eight inches (8") anywhere in the Village; any such
plants or weeds exceeding such height are hereby declared to be a nuisance.
16.503 Removal - Notice. It shall be the duty of the health officer to
serve or cause to be served a notice upon the owner 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.
16.504 Abatement. 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
ten (10) days from receipt thereof.
16.505 Lien. Charges for weed cutting shall be a lien upon the premises as
provided by statute. Within sixty (60) days after such cost 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 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.
16.506 Foreclosure of Lien. Property subject to a lien for unpaid weed cut-
ting charges shall be sold for non-payment 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 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.
16.507 Penalty. In addition to any costs assessed above, any person, firm
or corporation violating any of the provisions of this Article shall be fined not
less than TEN DOLLARS ($10.00) nor more than FIVE HUNDRED DOLLARS ($500.00) for
each offense; and a seperate offense shall be deemed committed on each day during
or on which a nuisance continues unabated after ten (10) days from receipt of
notice.
Section 7: That Article II, Plants and Weeds, of Chapter 23, of the Municipal
Code of the Village of Elk Grove Village, and any other ordinances or parts of
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ordinances which are inconsistent, contrary to the provisions of this Ordinance
are hereby repealed.
Section 8: That any person, firm or corporation violating any of the
provisions of this Ordinance shall be subject to a fine of not less than TEN
DOLLARS ($10.00) nor more than FIVE HUNDRED DOLLARS ($500.00) for each offense;
and a separate offense shall be deemed committed on each day during or on which
a violation occurs or is permitted to exist.
Section 9: That the Village Clerk is hereby authorized to publish this
Ordinance in pamphlet form.
Section 10: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication according to law.
PASSED
this
13th
day
of
July
1976.
APPROVED
this
13th
day
of
July
1976.
VOTE: AYES 5
NAYS 0
ABSENT 1
Charles J. Zettek
Village President
ATTEST:
..tom
Village Cl
Published in pamphlet form this 21st day of July , 1976.
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