Ordinance 2008-005 Ordinance No. OOSb O 5
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS, PROHIBITING NUISANCES AND
OFFENSIVE CONDITIONS
WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in
accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law;
WHEREAS, pursuant to Section 11 -60 -2 of the Illinois Municipal Code (65 ILCS 5/1 -1 -1, et
seq.) the City has the authority to define, prevent, and abate nuisances.
NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. Title 4, Chapter 1 of the United City of Yorkville Code of Ordinances is hereby
amended by adding the following new Section 5:
4 -1 -5: NUISANCES AND OFFENSIVE CONDITIONS, GENERALLY:
A. It shall be unlawful for any person to maintain or permit the existence of any nuisance
within the city.
B. The following nuisances described and enumerated shall not be exclusive, but shall be
in addition to all other nuisances described and prohibited in this Code:
1. T'hinas interferiniz with ueace or comfort. Sounds, animals, or things which
interfere with the peace or comfort, or disturb the quiet of any person in the city.
2. Obnoxious, offensive odors. The emission of obnoxious and offensive odors, or
the tainting of the air rendering it offensive and/or unwholesome so as to effect the
health or comfort of persons residing in the neighborhood thereof.'
3. Discharaina of offensive matter. The placing, throwing, or discharging from any
house or premises and flow from or out of any house or premises, of 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.
4. Water uollution. The obstruction or pollution of any watercourse or source of
water supply in the city.
5. Stagnant water. Any stagnant pool of water in the city.
6. Emission of dense smoke. The emission of dense smoke from any fire, chimney,
engine, oil burner, or other agency in the city so as to cause annoyance or discomfort
to the public.
7. Certain weeds. Any weed defined as a noxious weed by virtue of the laws of the
State of Illinois, and any weed of like kind, or any vegetable growth which releases
unpleasant or noxious odors, and any high or rank vegetable growth over the height
of eight inches (8 ") in any lot or tract of land in the city.
C. Notice to Abate: The city, its representative, or an authorized agent shall serve or
cause to be served upon the occupant of any premises, if any, and upon the owner
thereof, notice of the nuisance violation in which a demand is made that the nuisance
is abated within five (5) days from service of such notice.
D. Nuisance Abatement: The city attorney or any citizen of the city, when such a
nuisance exists as set forth in this Section, may maintain a complaint in the name of
the city, perpetually, to enjoin all persons from maintaining or permitting such
nuisance and to abate the same. In addition, the city police, officers, inspectors or
employees, upon observing any violation of this Section may enter upon private
property and summarily abate any nuisance if the person served with notice does not
abate the nuisance within five (5) days.
E. Liability for Costs: The city shall have the authority to bill and collect from the
property owner the reasonable cost of abating the nuisance. The city shall send a bill
for the abatement costs to the same address where the tax bill for the general property
taxes on the subject property for the preceding year was sent. If the abatement costs
are not fully paid within thirty (30) days, a second billing notice will be sent.
F. Lien: If the abatement costs are not paid within fifteen (15) days of the second billing
notice, the city shall place a lien upon the property affected. Notice of the lien shall
be given to the property owner. Said notice shall consist of a sworn statement setting
out (1) a description of the property sufficient for identification thereof, (2) the
amount of the abatement costs incurred or payable, and (3) the date(s) when such
abatement costs were incurred by the city.
Said lien shall be superior to all other liens and encumbrances, except tax liens,
provided that within sixty (60) days after such abatement costs are incurred, the city,
its agent, or authorized contractor files notice of lien in the office of the Recorder of
Deeds of Kendall County, Illinois. However, said lien shall not be valid as to any
purchaser whose rights in and to such property have arisen subsequent to the
abatement of the nuisance, and the lien of the city shall not be valid as to any
mortgagee, judgment creditor, or other lienor whose rights in and to such property
arise prior to the filing of such notice. Upon payment of the abatement costs, the lien
shall be released by the city and the release may be filed of record.
Section Z This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
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ADOPTED by this J a day or<;:�%. 2008, pursuant to a roll call vote as follows:
U
AYES: '1
NAYS: —
ABSENT:
APPROVED by me this J t Z� day oTQ� 2008.
ayor
ATTEST:
ler�
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