Public Works Packet 2009 03-17-09 V , o United City of Yorkville
a 0f1 800 Game Farm Road
EST , ' 1636 Yorkville, Illinois 60560
Telephone: 630-553 -4350
O L Fax: 630-553 -7575
iA Cmno'�4M. O
fLiLCE `vv
AGENDA
PUBLIC WORKS COMMITTEE MEETING
Tuesday, March 17, 2009
6: 00 p.m.
City Hall Conference Room
Presentation: None
Minutes for Correction/Approval: January 20, 2009 and February 17, 2009
Items Recommended for Consent Agenda:
1 . PW 2009-31 Water Department Report for January 2009
2 . PW 2009-32 Water Department Report for February 2009
3 . PW 2009-33 Raintree Village (Rt. 126 Improvements) — Bond Release
4. PW 2009-34 Menards Commercial Commons Fifth Addition — LOC Expiration
New Business :
1 . PW 2009-35 Fox Hill / Sunflower Estates SSA Area Maintenance RFP Results
2. PW 2009-36 Route 47 Widening — Update
3 . PW 2009-37 Resolution Authorizing Support for the Illinois Vacant and Abandoned
Properties Act
4. PW 2009-38 Weed Abatement Procedures
Old Business:
Additional Business:
2008 City Council Goals - Public Works Committee
"Interim Public Works Faciltiy. " Alderman Allen Eric Dhuse
Alderman Plocher Eric Dhuse
"Explore gray water reuse by city. "
Alderman Werderich Scott Sleezer
Alderman Sutcliff Dhuse
"Biodiesel, E85, and hybrid vehicles. " Eric
Alderman Werderich Bart Olson
"Bike trails and pedestrian friendly developinent/redevelopment, with Alderman Golinski Bart Olson
focus on increasing pedestrian access to downtown from anywhere in the Alderman Werderich Joe Wywrot
city and to the schools from anywhere in the city. "
UNITED CITY OF YORKVILLE
WORKSHEET
PUBLIC WORKS COMMITTEE
Tuesday, March 17, 2009
6 :00 PM
CITY CONFERENCE ROOM
---------------------------------------------------------------------------------------------------------------------------------------
MINUTES FOR CORRECTION/APPROVAL:
---------------------------------------------------------------------------------------------------------------------------------------
1 . January 20, 2009 2. February 17, 2009
❑ Approved as presented ❑ Approved as presented
❑ Approved with corrections ❑ Approved with corrections
---------------------------------------------------------------------------------------------------------------------------------------
ITEMS RECOMMENDED FOR CONSENT AGENDA:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2009-31 Water Department Report for January 2009
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2009-32 Water Department Report for February 2009
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
3 . PW 2009-33 Raintree Village (Rt. 126 Improvements) — Bond Release
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
4. PW 2009-34 Menards Commercial Commons Fifth Addition — LOC Expiration
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
NEW BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1 . PW 2009-35 Fox Hill / Sunflower Estates SSA Area Maintenance RFP Results
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PW 2009-36 Route 47 Widening — Update
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
3 . PW 2009-37 Resolution Authorizing Support for the Illinois Vacant and Abandoned Properties Act
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
4. PW 2009-38 Weed Abatement Procedures
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS :
---------------------------------------------------------------------------------------------------------------------------------------
DRAFT
Page 1 of 2
UNITED CITY OF YORKVILLEPUBLIC WORKS COMMITTEE MEETING
TUESDAY, JANUARY 20, 2009 6:00 P.M.
City Hall Conference Room
PRESENT:
Alderman Joe Besco, Chairman (arrived at 6: 10)
Alderman Joe Plocher City Administrator Brendan McLaughlin
Alderman Bob Allen Bart Olson
City Engineer Joe Wywrot Travis Miller
Public Works Director Eric Dhuse Stephanie Boettcher
Marta Keane Dennis Batdorf
Kelly Rohlfrng, Com 2 Recycling Dan Kramer
Steven Chaloka Janet Nape
Andy Divin Corey Johnson
Dan Nicholson
The meeting was called to order at 6:00 pm. by Joe Plocher.
Presentations: None.
New Business:
1 , PW 2009-08 Claremont Court Stormwater Drainage Discussion — Residents
brought video and pictures of the stormwater drainage running across their
properties. There was some discussion. This development has not been accepted
yet. This will be a punchlist item.
Minutes for Approval/Correction: December 16, 2008 — Approved as presented.
Items Recommended for Consent Agenda:
1 . PW 2009-01 Prestwick Sanitary Sewer Lift Station Agreement
2. PW 2009-02 Saravanos Development — First Midwest Bank LOC
#150017273-201
3. PW 2009-03 Kleinwachter Residential Development — Earthwork LOC
Reduction #1
4. PW 2009-04 Milazzo Property — IDOT Highway Permit and Resolution
5. PW 2009-05 Bristol Bay Unit 8 — Bond Reduction #3
6. PW 2009-06 Bristol Bay Units 1-3 and 5-7 — Bond Reductions #3
7. PW 2009-07 Ordinance Amending the Code of Ordinances Declaring Dutch
Elm Disease and Emerald Ash Borer as Nuisances
All the items recommended for Consent Agenda will move on to City Council on
Consent Agenda.
Page 2 of 2
New Business:
4. PW 2009-11 Stalled Development Issues — There was discussion on the vacant
lots. One of the developments has a lot with hole dug for a foundation, but no
foundation. There are unfinished sidewalks and unfinished roads. This will come
back to a future Public Works committee meeting.
5. PW 2009-12 E-Waste Collection Agreement — This is to lease a plastic Galord
box in the Public Works building. The fees for recycling TVs and monitors will
be amended on a yearly basis. Residents will pay for recycling their monitors and
TVs at City Hall. The 2 free collection days per year will be specified. This will
be revised and move on to City Council on February 24"'.
2. PW 2009-09 County Revolving Loan Program — This will go to the Economic
Development Committee.
3. PW 2009-10 Beecher Road River Crossing — History and Status — This is
informational only. No further action is needed.
6. PW 2009-13 CMAQ Grant Application — Review of Potential Projects — This .
will move on to City Council.
Old Business:
None.
Additional Business
None.
The meeting was adjourned at 8 : 18 P.M.
Minutes submitted by Laura Leppert
DRAFT
Page 1 of 2
UNITED CITY OF YORKVILLEPUBLIC WORKS COMMITTEE MEETING
TUESDAY, FEBRUARY 17, 2009 6:00 P.M.
City Hall Conference Room
PRESENT:
Alderman Joe Besco, Chairman Alderwoman Rose Spears
Alderman Joe Plocher Alderwoman Robyn Sutcliff
Alderman Bob Allen City Administrator Brendan McLaughlin
City Engineer Joe Wywrot Mayor Valerie Burd
Public Works Director Eric Dhuse Gary Golinski
Mary Kuhn Andy Divin
Janet Nape Laura Haake
Bob Pschirrer John Phillipchuck
John Tomasik George Bolton
Stan Free
The meeting was called to order at 6:00 pm. by Joe Besco.
Presentations:
1 . GIS Presentation — Utility GPS Locating Project — This is for the older section
of town and will be done in-house by the engineering department. It will create
an inventory of the city utilities and their exact locations and elevations.
Minutes for Approval/Correction: None.
Items Recommended for Consent Agenda:
1 . PW 2009-14 Water Department Report for November 2008
2. PW 2009-15 Water Department Report for December 2008
3 . PW 2009-16 Kendallwood Estates — Call of Earthwork Letter of Credit
4. PW 2009-17 Kendallwood Estates — Call of Sitework Letter of Credit
5 . PW 2009-18 Saravanos Development — Letter of Credit No. 150017273-202
6. PW 2009-19 Caledonia (Phases 1 & 2) — Sitework Reduction #2 and
Landscaping Reduction #1
7. PW 2009-20 Raintree Village (Units 2-6) — LOC Expiration
8, PW 2009-21 Prairie Pointe — Final Acceptance and LOC Reductions
9. PW 2009-22 Rt. 47/Baseline Road — IDOT Agreement and MFT Resolution
10. PW 2009-23 Revised Floodplain Ordinance
11 . PW 2009-24 Fox Road LAAP — Agreements for Engineering, Federal
Participation, and MFT Resolution
12. PW 2009-25 Supplemental Appropriation of MFT Funds to Purchase Salt
There was some discussion on the litigation pending for Kendallwood Estates. Items #3
and 94 will be pulled off the Agenda and brought back to committee. All the other items
recommended for Consent Agenda will move on to City Council on Consent Agenda.
Page 2 of 2
Old Business :
1. PW 2009-08 Windett Ridge — Claremont Court Drainage Issue — There was
some discussion on possible ways to fix the problem and at this time it is unclear
who will have to pay for the issue to be resolved.
New Business:
1. PW 2009-26 Parkway Tree Replacement Program — This is a pilot program.
The city's responsibility would be the time and labor to plant the trees. Since this
is the first year, a suggestion was made to limit the number of trees to 36. This
will move on to City Council.
2. PW 2009-27 Detention/Retention Basin Inventory Program — This is
informational. No further action is needed.
3. PW 2009-28 Stalled Developments — Status of Roadway Paving — A memo
will be given to the Aldermen who were not in attendance.
4. PW 2009-29 Policy Issue Regarding Bond Reductions — There was discussion
on bond reductions being handled at staff level. A new ordinance will be drafted
and move on to City Council,
5. PW 2009-30 Neighborhood Beautification (Corner Gardens) Guidelines —
Discussion — This is for commercial areas with high visibility such as the
downtown area.
Additional Business
Alderman Allen asked about the sidewalk program. There is $3,000 budgeted this fiscal
year. After the money is spent, there will be a waiting list. The safe route to school grant
will help to fill in the spaces where there is no sidewalk.
Alderwoman Sutcliff asked about the Game Farm Road project. It will begin in early
spring 2010. She also asked about the burned section of John St. That will be cut and
patched this summer.
Mayor Burd said she had a meeting with Centex about Bristol Bay concerning the vacant
lots. Their temporary solution was to make them into community gardens
The meeting was adjourned at 7 :48 P.M.
Minutes submitted by Laura Leppert
United City of Yorkville A :i�
WATER DEPARTMENT REPORT EPO Pw aCbq 31
ciE �J�r JANUARY 2009
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 501 204 3,4091000
4 1393 542 188 71318,000
7 1500 883 553 2,770,000
8 1500 861 477 61790,000
9 1500 1125 576 21,531,000
TOTAL 41,818,000
CURRENT MONTH'S PUMPAGE IS 441,900 GALLONS LESS THAN LAST MONTH
1,952,400 GALLONS MORE THAN LAST MONTH
DAILY AVERAGE PUMPED: 1,271,400 GALLONS
DAILY MAXIMUM PUMPED: 2,276,400 GALLONS
DAILY AVERAGE PER CAPITA USE: 79.5 GALLONS
WATER TREATMENT
CHLORINE FED: 997.6 LBS. CALCULATED CONCENTRATION : 28 MG/L
FLUORIDE FED: 467.4 LBS. CALCULATED CONCENTRATION : 0.25 MG/L
WATER QUALITY
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN)
FLUURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: 1_02 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 5 NUMBER OF LEAKS OR BREAKS REPAIRED: 4
NEW CUSTOMERS
RESIDENTIAL: 7 COMMERCIAL: 2 INDUSTRIAL/GOVERNMENTAL: 0
COMMENTS
TWO WATERMAIN BREAKS IN COUNTRYSIDE SUBDIVISION. TWO SERVICE LEAKS ONE IN FOX HILL
SUBDIVISION SECOND ONE ON WEST RIDGE ST. WATER LOST DUE TO LEAKS 1,342,000.
United City of Yorkville ga
WATER DEPARTMENT REPORT Pw
3
FEBRUARY 2009
MONTH/YEAR
WELLS
NO WELL DEPTH PUMP DEPTH WATER ABOVE PUMP THIS MONTH'S PUMPAGE
FEET FEET FEET GALLONS
3 1335 501 206 21246,000
4 1393 542 189 71044,000
7 1500 883 554 2,971,800
8 1500 861 476 22,972,000
9 1500 1125 578 1,929,000
TOTAL 37, 162,800
CURRENT MONTH'S PUMPAGE IS 4,655,200 GALLONS LESS THAN LAST MONTH
2. 178,300 GALLONS MORE THAN LAST MONTH
DAILY AVERAGE PUMPED: 1 .259. 100 GALLONS
DAILY MAXIMUM PUMPED : 1 834, 100 GALLONS
DAILY AVERAGE PER CAPITA USE: 79 GALLONS
WATER TREATMENT
CHLORINE FED: 994.2 LBS, CALCULATED CONCENTRATION : 31 MG/L
FLUORIDE FED: 190.5 LBS. CALCULATED CONCENTRATION : 0. 19 MG/L
WATER QUALITY
AS DETERMINED FROM SAMPLES ANALYZED BY ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
BACTERIOLOGICAL: 18 SAMPLES TAKEN 18 SATISFACTORY UNSATISFACTORY (EXPLAIN)
FLUURIDE: 3 SAMPLE(S) TAKEN CONCENTRATION: 1 . 1 MG/L
MAINTENANCE
NUMBER OF METERS REPLACED: 8 NUMBER OF LEAKS OR BREAKS REPAIRED: 0
MXU'S 11
NEW CUSTOMERS
RESIDENTIAL: 11 COMMERCIAL: INDUSTRIAL/GOVERNMENTAL: _
COMMENTS
GOOD NEWS FEBRUARY WAS QUIET FOR LEAKS.
`�fpD Clpy Reviewed By: Agenda Item Number
T Legal ❑ C3
Finance ❑,
EST %os` k
Engineer ineer
-\� g Tracking Number
® (®1 f°l City Administrator ❑ !� q
� `�o consultant ❑ � w U'C)� 6 — <
4E `v,. ❑
Agenda Item Summary Memo
Title: Raintree Village (Rt. 126 Improvements) — Bond Release
Meeting and Date: March 17, 2009 Public Works Committee
Synopsis: Recommend release of the IDOT Highway Permit bond for the Route 126
improvements associated with Raintree Village.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
4D C1
2 A� Memorandum
J 9 T
EST 1836 To: Brendan McLaughlin, City istrat r
From: Joe Wywrot, City Engineer
® s y —
® p` CC: Lisa Pickering, Deputy City Otejk
Date: March 10, 2009
Subject: Raintree Village (Rt. 126 Improvements) — Bond Release
Attached find correspondence from IDOT related to the Route 126 improvements for the
Raintree Village subdivision. The punchlist is complete and IDOT has indicated that the bond
may be released.
I recommend that Arch Insurance Company Bond No.SU5015833, currently in the amount of
$ 170,049.35, be released in its entirety. Resolution 2009-15 requires that final acceptance/
approval of land improvements for developments whose initial bond amounts are in excess of
$1 ,000,000 shall be sent to the City Council for approval.
Please place this item on the Public Works Committee agenda of March 17, 2009 for
consideration.
Illinois Department of Transportation
Division of Highways / Region 2 / District 3
700 East Norris Dnve / Ottawa, Illinois / 61350-0697
Telephone 8151434-6131
March 5, 2009
Raintree Village
City of Yorkville
Attn: Joe Wywrot
800 Game Farm Road
Yorkville, IL 60560
Permit: 3-9001 -05
Dear Mr. Wywrot:
Highway permit 3-9001 .05 has been final field inspected and found
satisfactory for final acceptance.
If you have any questions, please contact Rich Ballerini, Permit Chief, at 815-
434-8490.
Sincerely,
George F. Ryan, P.E.
Deputy Director of Highways,
Region Two Engineer
*'
By: Dan L. Mestelie, P.E.
Program Development Engineer
Page 1 of 1
Joe Wywrot
From: Mestelle, Dan L [Dan.Mestelle @illinois.gov]
Sent: Tuesday, March 10, 2009 4:38 PM
To: Joe Wywrot
Subject: RE: Raintree Village - Rt.126 improvements
YES, Bond can be released.
From: Joe Wywrot [mailto:JWywrot @yorkville.il.us]
Sent: Monday, March 09, 2009 2:23 PM
To: Mestelle, Dan L
Cc: Jackson, Ronald P
Subject: Raintree Village - Rt.126 improvements
Dan,
There is currently a bond in place for about$170,000. Can that bond be released?
Please let me know.
Thanks,
Joe Wywrot
Yorkville City Engineer
(630)553-8527
(630)553-3436 fax
(630)878-2021 mobile
3/10/2009
`QED C/py Reviewed By: Agenda Item Number
J= " T Legal ❑n C y
EST. \� 1836
Finance 4 I``l
Engineer fIq
Tracking Number
City Administrator ❑
Consultant ❑ PW s 9 _5q
<G E F-1 a
Agenda Item Summary Memo
Title: Menards Commercial Commons Fifth Addition—LOC Expiration
Meeting and Date: March 17, 2009 Public Works Committee
Synopsis: We have been notified that the LOC will expire on May 12, 2009. Recommend that
we call the LOC if it is not renewed prior to April 24, 2009.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
0 CIT O
_ Memorandum
EST' 83s To: Brendan McLaughlin, City Administrator
J� From: Joe Wywrot, City Engineer '
O ICI '1 q CC: Lisa Pickering, Deputy CiTy 4k
Date: March 11, 2009
Subject: Menards Commercial Commons—Fifth Addition
Letter of Credit Expiration
Attached find a notice from American Casualty Company of Reading,PA that Bond No.
929408636 for the referenced development will expire on May 12, 2009. This bond, in the
amount of$418,477.23, guarantees completion of the site improvements for this project, which
consisted of expanding the outdoor storage yard for the Menard store at 1800 Meadowview
Drive.
I will notify the developer that this letter of credit needs to be renewed,and I anticipate that it
will. In the meantime,however,I recommend that City Council authorize the City Clerk to call
the letter of credit if it is not renewed prior to April 24,2009.
Please place this item on the Public Works Committee agenda of March 17, 2009 for
consideration.
CANCELLATION NOTICE
OBLIGEE: Date: February 11 , 2009
City of Yorkville Office at:
800 Game Farm Road Brookfield , WI
Yorkville, IL 60560
RE: BOND NUMBER: 929408636
PRINCIPAL: Menard , Inc. , 4777 Menard Dr. , Eau Claire, WI 54703
Notice is hereby given of the cancellation of this Company's Suretyship on behalf of
Menard, Inc., 4777 Menard Dr. , Eau Claire, WI 54703
for _ Subdivision Bond - Menard's Commercial Commons Fifth Addition
under Bond # 929408636 originally issued on or about April 12th
2007
This cancellation is to take effect May 12, 2009
in accordance with the terms of said suretyship.
American Casualty Company of Reading;
Surety . ._ --- : . -
By J M. Care' y Attorney iro Fact
Certified Mail Cart. No 7006. 0810 000.1 8961 231. 7_
CC: Principal/Insured: Menard, Inc., 4777 Menard Dr., Eau Claire, WI 54703
Agent/Broker: Brown & Brown of WI, Inc.
Form F5133-8-2007
♦<<yD co, Reviewed By: Agenda Item Number
J= T Legal ❑ NB I
EST. , 1836 Finance ❑
Engineer ❑
g Tracking Number
® y City Administrator ❑
Consultant ❑ �
<CE ' `yam ❑
Agenda Item Summary Memo
Title: Fox Hill/Sunflower Estates SSA area maintenance RFP results
Meeting and Date: PW Committee March 17, 2009
Synopsis: Copy of bid tabulations from the SSA area mowing and maintenance RFP's and
Recommendation for acceptance
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: positive
Council Action Requested: approval
Submitted by: Eric Dhuse Public Works
Name Department
Agenda Item Notes:
`e'O CI pY
J? Memorandum
To: Joe Besco, Chairman
EST. 1936 From: Eric Dhuse, Director of Public Works
94 0 ®I1 O� CC:
Date: March 12, 2009
Subject: Fox Hill/Sunflower Estates SSA Bid results
<LE
Joe,
I have attached the bid tabulation forms from the March 11 , 2009 RFP opening for the yearly
mowing and maintenance of the Fox Hill and Sunflower Estates SSA areas.
Due to the timing of the bid opening and the meeting schedules, I have not been able to verify all
information for the apparent low bidder at this time. I will have a recommendation at the time of
the meeting so we are able to move this forward and have the contract in place by April.
I would ask that this item be placed on the March 17, 2009 Public Works Committee for
discussion. If you have any questions or concerns, please let me know.
FOXHffiL BIDFORM FY09-10 Meador Vendor Vandor _Vahhsr
11-Mer-09 __ Lan�DeN Care Fm Lwm_Maint American Tree and Tug John Waldschmidl B Assoc
1200 Estimate 17751 Cou r Rd 779 E rear Ln __Po box 944 _
Weness:ED Sende4cb IL60 Lee IL60441 6 ar Gonna.IL 00554 West Chic o.1460t88
Ihm Una Ch"aft Price Cwt 81511&1$85 81&7239700 4864m03 87_60860
Momn9 .5.29 505.0 '559.50 559.e9 $45.00 941$8 _..
Est.28 cuM rwasan 16011.40 513.256.14 295.48 $8895.40 $5030A8 _
Hand UMt $0.00 Rate Rate Rate Rata
wichi CY_- $40.00 $35.50 $40.00 4 .00
Weedln HR $40.00 $3550 $30.00 $40.00 530.00
Monument repalm HR $40.00 $35.50 $30.00_ _ $40.00 550.00
Genet MaulhnWM HR $40.00 $35.50 $30.00 $40.00 $30.00
Beaullecallon HR $40.0 $3540 $30,00 $40.00 530.00
FOXHILLSSABIDFORM FY00.10 Vendor Vendor Vendor Vendor
11-Mer 09 _ Green Scans"so.Ing_Fox Lawn Care Rozco LanOeca In 46aasone"nesm n
1200 Estlmah 35156hm IX. 1720 Ga Ave 11921 Man,old LN _ 6139 Caton Femt Rd
Varna.ED St.Chance IL 60174 Aomm IL60505 Hanover Park.IL 60131 Yorkville.IL 60580
Item _. UM QuanW Price Coat 61$8060 675-W5 54&9791 81687&7229
Mowin AC 529 595.00 $46.00 $79.50--- $8aou $71.75
EsL28Cut8n season $14071.40 $7101.18 $11819.98 11849.00 510827.61
Item unk $0.00 Rae Rah Rate Rate
Muichin Cy $40M _ $40.00 .0.0
Weedin HR $40.00 $45.00 $40.0 530.00 38.00
Monument mpows, HR .00 ._ _£65_00 $4000 $30.00 $38.0
0.1 Means... HR $40.00 $45.00 $40.00 _ _ $30.00 E38.D
Beau58cmlon HR .00 $45.0 540.00 $30.00 $38.00
FOXHIl1.88_A_81DPORM FY09-10 Vendor Valdor Vendor Varner
11-Mar-0B _Chssic lantlscape LimSCtl BLC YeMwnrks AIan2Gmu Inc
1200 EellnRte 3N471 Pails Rd 503 W.Badsen,Circle PO box 1248
Wheless:ED West Chi olLrsU186 Yorkvile.IL 80500 Elin,IL60120
keen __ Unit Price Cast 51b131$ 6698797_ 847-28 9 8 9 00
Mowln AC 6.29 $95.00 $80.00 $74.49 $26.00
Eat.28 cedfift, .,season $14071.40 $14515.70 $10997.91 3$y821.50
ttem MR So.ml Rate Ride Rete Rae
Mukhln CY $40.00 956.00 $38.00 $38.00
Weeding tW $40:00 30.00 $30.00 531.00
Mon_umenl_re ire HR $40.00 $35.00_ _590.00 __$31.00
Generel Winters. 184 $40.00 545.90 590.00 $34.00
Beautification HR UOM $34,0
SUNFLOWER ESTATES SSA BIB FORM FY0610 Vendor Vendor Vendor Vendor
_ Landow Decin Cam Free Lawn MainL Amerce,Tree end Tuff WaldectunidlBAaerc
12:00 Ea0met0 17751 CoUmRd n9 EVe teen Ln PO$oz 844
Witness.ED SarmincM1 IL0 Lock itIL90M1 _ Sugar Grove,Il- 0 _Weal Chka ILWIN
Item Unit Qnsorday Price Cwt B15A98-1308 815723-9700 49&9003 8760800
Memn..0 AC 5 $95.00 E08E0 EM.Od 548.00 $20.50
rc"��oerwas 0 513900.Op 12530.00 060.00 900.00 870.00
Unit $0.00 Rao, Rene Rite Rrte CY $40.00 tss:w $40.00 $45.00 540.0N0. .00 40 390.00 $40.00 430.00
MonemaM rewks HR $40.00 $M.50 Mild $40.00 Sbom
General Malldenanse HR "0.00 $35.0 530.0 $40.0 $30.00
Beamificalion HR 0.00 E3Sb0 $30 M $40.M $30.00
SUNFLOWER ESTATES SSA MO FORM FY 09-10 Vendor Vendor Vendor Vendor
Grant Swna Lamossesping Fox Lawn Care _Rome Landscaping__ 4 Seesona LeMew'
12:00 Estimate 3515 Stem Or 1720 Gary Ave 11921 Marl old LN 6139 Caton Farm Rd
Witness:ED SL Cores IL60174 Aom11LW05 __ Hanover Pedc,IL60133 Yorkvllle IL 6050
9
Item _Unit own Pd. Cass 151 0 0 875.0445 5469791 0151
momelt AC 51 "mict $0 0 $79.80 "O.M $71.75
Est 28 culllns or noaam $19 0.00 56720.0 5111720 Ytt 0.0 1004500
Item UnB $0.00 Rao, flee Rah Rah
Melanin "0.M $76.00 840.9 "8.00
Weeding HR 840.00 $45.0 "0.0 $30.0 538.0
MonumeMre elm HR $40.00 S4&0 $/0.0 ___ $90.M $38.00
General Maintenance HR $40.00 "5.M 540.0 530.M $3&0
BeautiBCaltm HR $10.00 6.0 "0.0 530.9 _$38.0
SUNFLOWERESTATES SSABIOPORM 1Y0610 Vendor Vendor Vendor Vendor
Clesic Landow aL'enited wr•_Yardwarrs Alm.Grou Im:.
1200 Estimate 314471 Penis Rd 503 W.Bomenry Circle P Jtno 1248
WBrhes ED West Cluess 10,11-0185_ Ya"lle IL 60560 EI in 11-60120
livr, Unit (Inetrudly Price Cost 513-1313 889.0797 847-2894900
Mendell AC fi $95.00 $70.00 Timm $250
EA..Mcu11ings erses sen $13.3M.o0 ..80.00 10.395.00 $3,812.03 Ma
Item Unit $0.0 Rao, Rtle Rao, Rah
MWwinv _CY $40.001 $55.00 $30.00 3m..0
Weeding HR --�0_110 X0.00. 330.00 $31.0_
Mon.remnI mien HR "0.0 $35.00 $30.00 $31.M
General Mainlename HR 540.00 $0.00 MIX) $34.00
ReaollOCatiGn HR $40.0 $30.00 330,M 34.0
Reviewed By: Agenda Item Number
Legal ❑ / N 6
Finance ❑
MT. � 1836
Engineer �j p,� "�'9
—` g + " U + Tracking Number
City Administrator ❑
ry ,zo consultant ❑ Pw acx�-.eta
LE Fl
Agenda Item Summary Memo
Title: Route 47 Widening -Update
Meeting and Date: March 17,2009 Public Works Committee
Synopsis: This memo summarizes the status of trail, downtown,utility, and miscellaneous
issues regarding IDOT's Route 47 reconstruction project.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required: None
Council Action Requested: Direction/concurrence regarding various design elements
Submitted by: Joe Wywrot Engineering
Name Department
Agenda Item Notes:
C/'.`
o Memorandum
EST. 0``-�� 1836 To: Brendan McLaughlin, City Admim st,rat
"' p From: Joe Wywrot, City Engineer
®y
CC: Deputy City Cl Lisa Pickering, LLJJV m
Ko �w� ? Travis Miller, Community Development Director
`E Eric Dhuse, Director of Public Works
Date: March 11, 2009
Subject: Route 47 Widening-Update
On February 23`d Travis Miller, Laura Haake, and myself met with IDOT to discuss various
issues regarding IDOT's Route 47 widening project. This project appears to be picking up
momentum, and IDOT wanted to meet to discuss the proposed trail and other issues.
Trail
After much discussion we appear to have settled on much of the trail alignment that provides
what we need while staying within IDOT's proposed right-of-way. A 10-foot wide trail would be
located on one side of the highway, and a 5-foot wide sidewalk on the other side. The proposed
alignment is as follows:
Section Trail Location
Rt.71,west of Rt.47 South
Rt.71, east of Rt.47 North
Rt. 47 (Rt.71 —Rt.126) East
Rt.126, east of Rt.47 North
Rt.47 (Rt.126—E/W Main) None (see below)
Rt.47(Main—Somonauk) Uncertain(see below)
Rt.47 (Somonauk—Countryside Pkwy) West
Rt.34, west of Rt.47 South
Rt.34, east of Rt.47 North
Rt.47 (Countryside Pkwy—Kennedy) East
Some sections of Route 47 have several residencesibuildings that are very close to the proposed
highway, and therefore are not well suited for a wider trail. For the section from Rt.126 to Van
Emmon,we are looking at a few alternatives where the trail would be diverted to S. Main Street
or travel across the Yorkville Intermediate School property and then along side streets to reach
downtown. Each alternative has good and bad points. Since these alternatives are outside of the
Route 47 right-of-way,we do not have to decide on a specific alignment at this time,but when
we do decide to build it the cost will be paid entirely by the city.
The section from Van Emmon to E/W Main Street can only have 5-foot sidewalk due to the
storefront locations and the existing sidewalk on the Fox River Bridge. We will need to select an
on-street trail alignment through the downtown area.
The section from E/W Main Street to Somonauk also has residencesibuildings that will be close
to the proposed highway. The trail will be along Rt.47, but we are still evaluating to see which
alignment has the least impact on adjacent properties.
We will need to obtain some easements to construct the trail along sections of Route 34 and
Route 71 . We are currently contacting all of these property owners and are optimistic that we can
obtain those easements.
Downtown
The downtown streetscape is being studied by SEC Group, Inc., who is working on our
Integrated Transportation Plan (ITP). Preliminary ITP recommendations are as follows:
• Colored and stamped concrete in the crosswalks at Hydraulic, Van Emmon, Fox Road,
Washington Street, Orange Street and 126.
• Planters proposed between Van Emmon and Hydraulic should include:
• Special treatment of the planter faces. Either formed with a pattern or include a
brick ledge which the City could install brick or stone face to in the future.
• Irrigation lines.
• Conduit for future decorative street lighting. We are currently evaluating the limits of this
lighting and whether it should extend further north of Hydraulic or south of Van Emmon.
IDOT has stringent requirements for decorative lighting along state highways; we have
requested their criteria so we can select pole and luminaire styles.
• IDOT to salvage any brick discovered beneath the IL 47 roadway as well as the brick
from the structure to be demolished at 301 Bridge Street to be used by the City for planter
faces or other streetscape improvements.
Utilities
Many existing water and sewer lines will need to be replaced where they cross or exist within the
state right-of-way. We will also be requesting IDOT to construct or abandon watermains at the
following locations:
• Construct 8" watermain from River Road to Spring Street to replace an old 4" watermain
and set up for a future watermain extension west on River Road.
• Construct 8" watermain from Park Street to north of Apple Tree Court to replace an old
8" watermain.
• Abandon the watermains on both sides of Rt.47 from Apple Tree Court to Walnut Street.
We need to confirm water service locations to determine if any of this watermain needs
to be replaced.
• Complete 8" watermain loop at Landmark Ave.
Major sanitary sewer replacement would be as follows:
• Replace 8" sewer between Colonial Parkway and Elizabeth Street.
• Replace deep sewer at Fox intersection.
• Replace 6" sewer between Hydraulic Avenue and Van Emmon Street and along
W. Van Emmon.
• Construct sewer stub to Sunset Motel property from Walnut Street.
Miscellaneous
• Construct traffic signal-pre-emption equipment at all signalized intersections. We have
funding through the Kane-Kendall Council of Mayors for most of this expense.
• Construct streetlighting at all signalized intersections.
• We need to decide if we are going to replace the streetlighting on Rt.47 from Landmark
to Countryside Parkway and on Rt.34 from Center Parkway to Marketplace Drive, and if
so, what type.
• Provide guardrail or other type of barrier at the top of the embankment at Jefferson Street.
Please place this item on the March 17`11 Public Works Committee agenda for discussion.
`�(pD C/; y Reviewed By: Agenda Item Number
J� t - Legal ❑
EST. 1836 Finance ❑
Engineer ❑ Tracking Number
O� ®i r7 \� City Administrator ❑
s `�O Consultant ❑
kE
Agenda Item Summary Memo
Title: Illinois Vacant and Abandoned Properties Act
Meeting and Date: Public Works — March 17, 2009
Synopsis: Metro West Council of Governments is encouraging municipalities to pass a
resolution of support for proposed legislation regarding vacant and abandoned
properties.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Brendan McLaughlin Administration
Name Department
Agenda Item Notes :
See attached.
Protect Our Communities :
Enhance Municipal Power to Address the Foreclosure Crisis
The Foreclosure Crisis Threatens Our Communities
• In 2008, more than 115,000 properties in Illinois were subject to a foreclosure filing.
• The vast majority of foreclosed properties are not purchased by new owners — they
revert to lenders and may then sit vacant for months or years.
• Vacant and abandoned properties destabilize neighborhoods:
• They depress home values
Homes on blocks with a single abandoned property are worth $6,000 less than
similar homes on blocks with no abandoned property.
• They weaken the tax base
The value of neighboring properties falls and abandoned properties are more
likely to be tax-delinquent.
• They breed crime
Crime rates are twice as high on blocks with an abandoned property than on
similar blocks with no abandoned property.
Vacant and abandoned properties sap government resources. Municipalities usually
spend at least $5,000 and sometimes as much as $34,000 to maintain and secure a
single vacant and abandoned property.
Municipalities Have Too Few Tools to Address the Problem
• Too often, municipalities only learn that a property is vacant and abandoned after it has
already caused problems in the community.
Even when a municipality knows that a property is vacant and abandoned , it is often
very difficult to track down the owner or lender.
Many municipalities can't afford effective programs to maintain vacant and
abandoned properties. Municipalities almost never recover the costs of enforcing
property maintenance codes, securing vacant buildings, and increasing police patrols.
Even when vacant and abandoned properties are harming communities, municipalities
have limited powers to return them to productive use.
New Tools Will Help Municipalities Confront the Foreclosure Crisis
Notice
Require mortgage servicers or other relevant entities to provide municipalities notice
when a foreclosure action is initiated and completed, and when a tax sale is
completed .
Land Banking
Authorize municipalities to create land banks, which can hold property at a time
when there is no private market interest ensure adequate property maintenance, and
package properties to promote economic development and community revitalization .
Property Maintenance
Authorize municipalities to create vacant and abandoned property ordinances, hold
lenders responsible for maintaining vacant and abandoned properties, and recover
the costs of maintaining vacant and abandoned properties.
For more information:
Dan Klaff, Business and Professional People for the Public Interest (312)759-8264
Adam Gross, Business and Professional People for the Public Interest (312)759-8255
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2009-
A RESOLUTION AUTHORIZING SUPPORT FOR THE
ILLINOIS VACANT AND ABANDONED PROPERTIES ACT (H.B. 1195, S.B. 1409)
WHEREAS, the Mayor and City Council of the United City of Yorkville are deeply concerned about
the housing foreclosure crisis and the consequences for communities of the corresponding rise in vacant and
abandoned properties; and
WHEREAS, obtaining information regarding the existence of home foreclosures as well as the entity
responsible for the maintenance and disposition of properties in foreclosure is extremely difficult and time
consuming; and
WHEREAS, properties in foreclosure as well as vacant and abandoned properties present difficult
property maintenance issues and drain community resources;
NOW THEREFORE BE IT RESOLVED, by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section l: The foregoing recitals are incorporated into, and made a part of, this resolution as findings
of the City Council.
Section 2: The City Council finds that the intent and substance of two bills now before the Illinois
General Assembly, H.B. 1195 and S.B. 1409, as presented in the attached draft, will be beneficial to the general
public and protect the public health, safety and welfare by providing information and tools that the City can use
to address home foreclosures and vacant and abandoned properties.
Section 3: This resolution shall be in full force and effect upon its passage and approval by a majority
of the members of the City Council.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day
of A.D. 2009.
CITY CLERK
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOE PLOCHER
WALLY WERDERICH MARTY MUNNS
ROSE ANN SPEARS BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of A.D. 2009.
MAYOR
VACANT AND ABANDONED PROPERTY LEGISLATION
AN ACT concerning vacant and abandoned property.
WHEREAS, There is a continuing need to strengthen and revitalize the economy of this
state; and
WHEREAS, Vacant and abandoned properties threaten communities around the state
because such properties diminish property values, enable crime, and create health
hazards; and
WHEREAS, Municipalities are often unaware of which properties are at risk of
becoming vacant and abandoned; and
WHEREAS, Municipalities have an interest in knowing the status of the housing stock
located in their jurisdictions; and
WHEREAS, Local governments should be empowered to acquire, develop, maintain, and
dispose of vacant and abandoned properties that present a threat to communities around
the state; and
WHEREAS, Municipalities lack many of the tools necessary to ensure adequate property
maintenance; and
WHEREAS, Municipalities are unable to recover the reasonable costs of their property
maintenance activity; therefore
Be it enacted by the People of the State of Illinois, represented in the General
Assembly:
This Shall be Cited as "The Illinois Vacant and Abandoned Properties Act'
Section 1 . Short title. This Act shall be known and may be cited as the Illinois Land
Banking Act.
Section 5 . Definitions
"Authority" means the land bank authority created pursuant to this act.
"Intergovernmental agreement" means a contractual agreement between one or more
governmental agencies, including, but not limited to, an agreement to jointly exercise any
power, privilege, or authority that agencies share in common and that each might exercise
separately under this act.
Section 10. Authorization
VACANT AND ABANDONED PROPERTY LEGISLATION
A municipality may create a land bank authority with the powers and restrictions
specified in this act.
In creating an authority, the municipality shall provide for all of the following:
(1 ) The incorporation of the authority as a public body, corporate and politic;
(2) Articles of incorporation for the authority, which must specify a list of
permissible purposes for authority activity under this act which may be prioritized
in any way the municipality chooses;
(3) The size of the board of directors for the authority, which shall be composed of an
odd number of members;
(4) The qualifications, methods of selection, and terms of office of the board
members.
Section 15 : Election of Tax Remittance
A municipality may authorize a portion of the taxes collected on real property pursuant to
35 ILCS 200/1 - 1 et seq. that when an authority sells or conveys property under this Act
may be remitted to the authority that sold or conveyed such real property in order to
further the purposes of the this Act. The municipality may elect to have up to 50 percent
of such taxes remitted to the authority for up to five years after the land bank has
completed the sale or conveyance of the property.
Section 20. Board of Directors
The board of the authority shall meet from time to time as required, and the presence of a
majority of the board of directors shall constitute a quorum.
A chairperson shall be elected from among the members, and he or she shall execute all
deeds, leases, and contracts of the authority when authorized by the board.
The board of the authority shall conduct meetings in accordance with the Illinois Open
Meetings Act, 5 ILCS 120/1 et seq.
The board of the authority shall adopt a code of ethics for its directors, officers, and
employees.
Members of the board of directors of an authority shall serve without compensation.
The board of the authority shall establish policies and procedures requiring the disclosure
of relationships that may give rise to a conflict of interest. The governing body of the
authority shall require that any member of the governing body with a direct or indirect
interest in any matter disclose the member's interest to the governing body before the
board takes any action on that matter.
Section 25. Powers
VACANT AND ABANDONED PROPERTY LEGISLATION
Except as otherwise provided in this act, an authority may do all things necessary or
convenient to implement the purposes, objectives, and provisions of this act, including
but not limited to all of the following:
(a) Acquire property pursuant to Section 30 of this Act;
(b) Adopt, amend, and repeal bylaws for the regulation of its affairs and the
conduct of its business;
(c) Sue and be sued in its own name and plead and be impleaded, including, but
not limited to, defending the authority in an action to clear title to property
conveyed by the authority;
(d) Take any action, provide any notice, or instate any proceeding required to
clear or quiet title to property held by the authority in order to establish
ownership by and vest title to property in the authority;
(e) Be made party to and defend any action or proceeding concerning title claims
against property held by the authority;
(f) Borrow money and issue bonds and notes according to the provisions of this
act;
(g) Enter into contracts and other instruments necessary, incidental, or convenient
to the performance of its duties and the exercise of its powers, including, but
not limited to, intergovernmental agreements, for the joint exercise of power
under this act. Enter into contracts for the management of, the collection of
rent from, and the sale of real property held by an authority. Enter into
contract with others, public of private, for the provision of all or a portion of
the services necessary for the management and operation of the authority;
(h) Solicit and accept gifts, grants, labor, loans, and other aid from any person, or
the federal government, this state, or a political subdivision of this state or any
agency of the federal government, this state, a political subdivision of this
state, or an intergovernmental entity created under the laws of this state or
participate in any other way in a program of the federal government, this state,
a political subdivision of this state, or an intergovernmental entity created
under the laws of this state;
(i) Procure insurance against loss in connection with the property, assets, or
activities of the authority;
(j) Control, hold, manage, maintain, operate, repair, lease as lessor, secure,
prevent the waste or deterioration of, demolish, and take all other actions
necessary to preserve the value of the property it holds or owns;
(k) Remediate environmental contamination on any property held by the
authority;
(1) Fix, charge, and collect rents, fees, and charges for use of property under the
control of the authority or for services provided by the authority;
(m) Grant or acquire a license, easement, or option with respect to property as the
authority determines is reasonably necessary to achieve the purposes of the
act;
(n) Pay any tax or special assessment due on property acquired or owned by the
authority;
VACANT AND ABANDONED PROPERTY LEGISLATION
(o) Invest money of the authority, at the discretion of the board of directors of the
authority, in instruments, obligations, securities, or property determined
proper by the board of directors of the authority, and name and use
depositories for its money;
(p) Employ its own employees or utilize employees of the authorizing
municipality or employees of the parties to intergovernmental agreements.
(q) Employ legal and technical experts, other officers, agents, or employees pay
them from the funds of the authority and determine the qualifications, duties,
and compensation of those it employs. The board of directors of an authority
may delegate to one or more of its members, officers, agents, or employees
any powers or duties it considers proper.
(r) Reimburse members of the board of directors of the authority for actual and
necessary expenses subject to available appropriations;
(s) Contract for goods and services and engage personnel as necessary and
engage the services of private consultants, managers, legal counsel, engineers,
accounts, and auditors for rendering professional financial assistance and
advice payable out of any money available to the authority;
(t) Prepare the reports or plans the authority considers necessary to assist it in the
exercise of its powers under this act and to monitor and evaluate progress
under this act;
(u) Do all other things necessary or convenient to achieve the objectives and
purposes of the authority or other laws that relate to the purposes and
responsibility of the authority.
The enumeration of a power in this act shall not be construed as a limitation upon the
general powers of an authority. The powers granted by this act are in addition to those
powers granted by any other statute or charter.
Section 30. Acquisition of Property
An authority may acquire by gift, devise, transfer, exchange, foreclosure, purchase, or
otherwise on terms and conditions and in a manner the authority considers proper, real
property within the authority' s jurisdiction, or rights or interests in real property within
the authority's jurisdiction.
An authority may acquire by gift, devise, transfer, exchange, foreclosure, purchase, or
otherwise on terms and conditions and in a manner the authority considers proper, real
property outside of the authority's jurisdiction pursuant to an intergovernmental
agreement, or rights or interests in real property outside of the authority' s jurisdiction
pursuant to an intergovernmental agreement.
An authority may acquire by gift, devise, transfer, exchange, foreclosure, purchase, or
otherwise on terms and conditions and in a manner the authority considers proper,
personal property, or rights or interests in personal property.
VACANT AND ABANDONED PROPERTY LEGISLATION
Real property acquired by an authority by purchase may be by purchase contract, lease
purchase agreement, installment sales contract, land contract, or otherwise.
An authority may hold and own in its name any property acquired by it or conveyed to it
by this state, a foreclosing governmental unit, a local unit of government, an
intergovernmental entity created under the laws of this state, or any other public or
private person, including, but not limited to, property without clear title.
All deeds, mortgages, contracts, leases, purchases, or other agreements regarding
property of an authority, including agreements to acquire or dispose of real property,
shall be approved by and executed in the name of the authority.
The authority shall have the right to purchase properties at tax sales conducted in
accordance with 35 ILCS § 200/21 - 150 et. seq.
(a) The authority may tender a bid at tax sale which is a credit bid, consisting of
the obligation of the authority to satisfy the component parts of the bid by
payments to the respective political subdivisions.
(b) A bid by the authority at a tax sale for the minimum amount shall take priority
over all other bids for the same property.
Section 35 . Taxes
When a property is acquired by the authority, the authority shall have the power to
extinguish all outstanding county and city or consolidated government taxes, including
school district taxes, at the time it sells or otherwise disposes of property.
Property of an authority is public property devoted to an essential public and
governmental function and purpose. Income of the authority is considered to be for a
public and governmental purpose. The property of the authority and its income and
operation are exempt from all taxes and special assessments of this state and all local
units of government of this state. Bonds or notes issued by the authority, and the interest
on and income from those bonds and notes, are exempt from all taxation of this state or a
local unit of government.
Section 40. Disposition
The authority may convey, sell, transfer, exchange, lease as lessor, or otherwise dispose
of property or rights or interests in property to which the authority holds a legal interest to
any public or private person for value determined by the authority.
Section 45 . Receipt of Taxes
All monies received by an authority as payment of taxes, penalties, or interest, or from
the redemption or sale of property subject to a tax lien of any taxing unit shall be returned
to the appropriate local tax collecting unit in which the property is located.
VACANT AND ABANDONED PROPERTY LEGISLATION
Section 50. Proceeds
Except as otherwise provided in this act, as required by other law, as required under the
provisions of a deed, or as an authority otherwise agrees, any proceeds received by the
authority may be retained by the authority for the purposes of this act.
Section 55 : Record Maintenance
The authority shall maintain a written inventory of all property held by the authority. The
property shall be inventoried and classified by the authority according to title status and
suitability for use. The inventory shall be available for public inspection during regular
business hours.
For each property held, the authority shall establish and maintain itemized records and
accounts reflecting all transactions, expenditures, and revenues relating to all property
held by the authority.
VACANT AND ABANDONED PROPERTY LEGISLATION
Section 21 . The Property Tax Code is amended by adding Section 21 -231 as follows:
(35 ILCS 200/21 -231 ) (from Chap. 35, par. 21 -231 )
Sec. 21 -231 . Notice of Sales and Redemptions
When any property is sold the county clerk shall send notice of the sale to the municipal
clerk of the jurisdiction where the property is located of the name of the purchaser and
the amount of the final bid When any property is redeemed from sale the county clerk
shall send notice to the municipal clerk of the jurisdiction where the property is located of
the name of the person redeeming and the redemption date These notices must be sent by
registered or certified mail within 30 days of sale or redemption.
Section 22. The Property Tax Code is amended by changing Section 22-240 as follows:
(35 ILCS 200/22-40) (from Chap. 35, par. 22-40)
Sec. 22-240. Issuance of deed; possession
(a) If the redemption period expires and the property has not been redeemed and all taxes
and special assessments which became due and payable subsequent to the sale have been
paid and all forfeitures and sales which occur subsequent to the sale have been redeemed
and the notices required by law have been given and all advancements of public funds
under the police power made by a city, village or town under Section 22-35 [35 ILLS
200/22-351 have been paid and the petitioner has complied with all the provisions of law
entitling him or her to a deed, the court shall so find and shall enter an order directing the
county clerk on the production of the certificate of purchase and a certified copy of the
order, to issue to the purchaser or his or her assignee a tax deed. The court shall insist on
strict compliance with Section 22- 10 through 22-25 [35 ILCS 200/22- 10 through 35
ILCS 200/22-25] . Prior to the entry of an order directing the issuance of a tax deed, the
petitioner shall furnish the court with a report of proceedings of the evidence received on
the application for tax deed and the report of proceedings shall be filed and made a part
of the court record.
(b) If taxes for years prior to the year or years sold are or become delinquent subsequent
to the date of sale, the court shall find that the lien of those delinquent taxes has been or
will be merged into the tax deed grantee's title if the court determines that the tax deed
grantee or any prior holder of the certificate of purchase, or any person or entity under
common ownership or control with any such grantee or prior holder of the certificate of
purchase, was at no time the holder of any certificate of purchase for the years sought to
be merged. If delinquent taxes are merged into the tax deed pursuant to this subsection,
the court shall enter an order declaring which specific taxes have been or will be merged
into the tax deed title and directing the county treasurer and county clerk to reflect that
declaration in the warrant and judgment records; provided, that no such order shall be
effective until a tax deed has been issued and timely recorded. Nothing contained in this
VACANT AND ABANDONED PROPERTY LEGISLATION
Section shall relieve any owner liable for delinquent property taxes under this Code from
the payment of the taxes that have been merged into the title upon issuance of the tax
deed.
(c) The county clerk is entitled to a fee of $ 10 in counties of 3 ,000,000 or more
inhabitants and $ 5 in counties with less than 3 ,000,000 inhabitants for the issuance of the
tax deed. The clerk may not include in a tax deed more than one property as listed,
assessed and sold in one description, except in cases where several properties are owned
by one person.
Upon application the court shall, enter an order to place the tax deed grantee or the
grantee's successor in interest in possession of the property and may enter orders and
grant relief as may be necessary or desirable to maintain the grantee or the grantee's
successor in interest in possession.
(d) The court shall retain jurisdiction to enter orders pursuant to subsections (b) and (c) of
this Section. This amendatory Act of the 92nd General Assembly [P.A. 92-223 ] and this
amendatory Act of the 95th General Assembly [P.A. 95-4771 shall be construed as being
declarative of existing law and not as a new enactment.
(e) When the deed is issued the county clerk shall send notice to the municipal clerk
where the property is located of the full names and the true post office address and
residence of the grantee Such notice must be sent by registered or certified mail within
30 day of the issuance of the deed.
Section 11 . The Illinois Municipal Code is amended by adding Section 11 - 153 and
Section 11 - 154 as follows:
(65 ILCS 5/11 -153) (from Chap. 65, par. 11 - 153)
Sec. 11 - 153 Vacant and Abandoned Property Rules, Regulations, and Ordinances
For the purposes of minimizing the hazards to persons and property resulting from vacant
and abandoned property, the corporate authority of each municipality may prescribe
rules regulations or ordinances for the maintenance of vacant and abandoned property.
The rules regulations or ordinances under this section may include registration fees for
vacant and abandoned property and fines for failure to comply with the rules regulations
or ordinances pursuant to this section.
(65 ILCS 5/11 -154) (from Chap. 65, par. 11-154)
See. 11 - 154 Mortgage Beneficiary Responsibility For Violations of Municipal
Law
VACANT AND ABANDONED PROPERTY LEGISLATION
Municipalities may hold responsible for any failure to comply with rules regulations, or
ordinances for the maintenance of vacant and abandoned property (1 ) any beneficiary /
trustee who holds a deed of trust on a neglected property located within the municipality,
or (2) any mortgagee who holds a mortgage on an neglected property located within the
municipality, and has filed a notice of default under 735 ILCS 5/15- 1503 .
If a beneficiary / trustee who holds a deed of trust on an neglected property, or a
mortgagee who holds a mortgage on an neglected property, is held responsible for any
failure to comply with municipal law, that beneficiary / trustee or mortgagee may enter
the property, after proper notice to remedy any violation of the rules, regulations, or
ordinances for the maintenance of vacant and abandoned property. The beneficiary /
trustee or mortgagee may only enter the property if, 15 days after the beneficiary / trustee
or mortgagee sent proper notice the property owners and occupants have failed to
comply with the rules regulations or ordinances at issue.
"Neglected" means that there has been no occupant in the property for a period of six
months and two or more of the following criteria have been met:
(a) Construction was initiated on the rp operty and was discontinued prior
to completion leaving the building unsuitable for occupancy, and no
construction has taken place for at least six months;
(b) At least one installment of property tax is unpaid and delinquent;
(c) The property has had more than one uncorrected municipal code
violation over the past year;
(d) Gas electric or water service to the premises has been terminated,
(e) Windows or entrances to the premises are boarded up or closed off, or
multiple window panes are broken and unrepaired;
(f) Doors to the premises are smashed through broken off, unhinged, or
continuously unlocked;
(g) Rubbish trash or debris has accumulated on the premises,
(h) The police or sheriffs office has received at least two reports of
trespassers on the premises or of vandalism or other illegal acts being
committed on the premises in the past six months;
(i) The property is a nuisance.
"Mortgagee" means (i) the holder of an indebtedness or obligee of a non-monetary
obligation secured by a mortgage or any person designated or authorized to act on behalf
of such holder and (ii) any person claiming through a mortgagee as successor.
"Proper notice" means notice to all property owners and occupants by certified or
registered mail stating the beneficiary / trustee or mortgagee' s intent to enter the
property; such notice must be sent at least 15 days before the beneficiary / trustee or
mortgagee enters the property. The notice must specify the municipal law violations the
beneficiary / trustee or mortgagee has been held responsible for by a municipality.
Occupant means a person in lawful physical possession of all or part of the mortgaged
real estate.
VACANT AND ABANDONED PROPERTY LEGISLATION
"Nuisance" means any property which because of its physical condition or use is a public
nuisance or any property which constitutes a blight on the surrounding area, or any
property which is not fit for human habitation under the applicable fire building and
housing codes "Nuisance" also means any property on which any illegal activity
involving controlled substances methamphetamine or cannabis takes place or any
property on which any streetgang-related takes place.
Section 13 . The Illinois Municipal Code is amended by changing Section 11 -20- 13 and
on 11 -20-7 and adding Section 11 -20-7.5 as follows:
(65 ILCS 5/11 -20-13) (from Chap. 65, par. 11 -20- 13)
Sec. 11 -20- 13 Removal of garbage, debris, and graffiti from private property
Sec. 11 -20- 13 . The corporate authorities of each municipality may provide for the
removal of garbage, debris, and graffiti from private property when the owner of such
property, after reasonable notice, refuses or neglects to remove such garbage, debris, and
graffiti and may collect from such owner the reasonable cost thereof except in the case of
graffiti . This cost including any associated fees and other costs related to the
enforcement of this Section is a lien upon the real estate affected, superior to all
subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and
expense is incurred the municipality, or person performing the service by authority of the
municipality, in his or its own name, files notice of lien in the office of the recorder 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 "An Act concerning land titles",
approved May 1 , 1897, as amended [765 ILCS 35/1 et seq.] . 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
municipality. However, the lien of such municipality shall not be valid as to any
purchaser whose rights in and to such real estate have arisen subsequent to removal of the
garbage and debris and prior to the filing of such notice, and the '.:e.- of sueh -- nieii alit5
and to i feal estate afise pfier t„ the filing r ,.,.ehfl0 fie. Upon payment of the cost
and expense by the owner of or persons interested in such property after notice of lien has
been filed, the lien shall be released by the municipality or person in whose name the lien
has been filed and the release may be filed of record as in the case of filing notice of lien.
The lien may be enforced by proceedings to foreclose as in case of mortgages or
mechanics' liens. An action to foreclose this lien shall be commenced within 2 years after
the date of filing notice of lien.
(65 ILCS 5/11 -20-7) (from Chap. 65, par. 11 -20-7)
VACANT AND ABANDONED PROPERTY LEGISLATION
Sec. 11 -20-7. Cutting of weeds
Sec. 11 -20-7. The corporate authorities of each municipality may provide for the cutting
of weeds or grass, the trimming of trees or bushes, and the removal of nuisance bushes or
trees in the municipality, when the owners of real estate refuse or neglect to cut, trim, or
remove them and to collect from the owners of private property the reasonable cost
thereof. This cost including an associated fees and other costs related to the
enforcement of this Section, is a lien upon the real estate affected, superior to all
subsequent liens and encumbrances, except tax liens; provided that within 60 days after
such cost and expense is incurred the municipality, or person performing the service by
authority of the municipality, in his or its own name, files notice of lien in the office of
the recorder 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 looney 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 municipality. However, the lien of such
municipality shall not be valid as to any purchaser whose rights in and to such real estate
have arisen subsequent to the cutting of weeds or grass, the trimming of trees or bushes,
or the removal of nuisance bushes or trees and prior to the filing of such notice, and the
I ' m Af such muflicipa4ity shall iiet be valid as to any in mtgagee, judgment oreditor a
�Pthar- 1 ' - 446se fights - nnd to suph al est..to V i
« to the filing h n—tiee
Upon payment of the cost and expense by the owner of or persons interested in such
property after notice of lien has been filed, the lien shall be released by the municipality
or person in whose name the lien has been filed and the release may be filed of record as
in the case of filing notice of lien.
The cost of the cutting, trimming, or removal of weeds, grass, trees, or bushes shall not
be lien on the real estate affected unless a notice is personally served on, or sent by
certified mail to, the person to whom was sent the tax bill for the general taxes on the
property for the last preceding year. The notice shall be delivered or sent after the cutting,
trimming, or removal of weeds, grass, trees, or bushes on the property. The notice shall
state the substance of this Section and the substance of any ordinance of the municipality
implementing this Section and shall identify the property, by common description, and
the location of the weeds to be cut.
(65 ILCS 5/11 -20-7.5) (from Chap. 65, par. 11 -20-7.5)
Sec. 11 -20-7.5 . Care for Vacant and Abandoned Buildings
Sec 11 -20-7 .5. The corporate authorities of each municipality may (1 ) provide for
property maintenance required to correct violations of municipal vacant and abandoned
property rules, regulations t di nces that would fall within such rules, regulations
and ordinances contemplated by 65 ILCS 5/11 - 153 when the owners of real estate refuse
or neglect to correct such violations and (2) collect from the owners of private property
the reasonable cost thereof. This cost including any associated fees and other costs
VACANT AND ABANDONED PROPERTY LEGISLATION
related to the enforcement of this Section, is a lien upon the real estate affected, superior
to all subsequent liens and encumbrances except tax liens; provided that within 60 days
after such cost and expense is incurred the municipality, or person performing the service
by authority of the municipality, in his or its own name, files notice of lien in the office of
the recorder 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 municipality. However, the lien of such
municipality shall not be valid as to any purchaser whose rights in and to such real estate
have arisen subsequent to the property maintenance and prior to the filing of such notice.
Upon payment of the cost and expense by the owner of or persons interested in such
property after notice of lien has been filed the lien shall be released by the municipality
or person in whose name the lien has been filed and the release may be filed of record as
in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose
as in case of mortgages or mechanics' liens. An action to foreclose this lien shall be
commenced within 2years after the date of filing notice of lien.
Section 15. The Code of Civil Procedure is amended by adding Section 15- 1503 .5 and
changing Section 15- 1509 as follows:
(735 ILCS 5/15- 1503 .5) (from Part 15, par. 15- 1503 .5)
Sec. 15- 1503 .5. Notice of Foreclosure to Municipalities and Servicer Duties
The municipality within the boundaries of which the property is located shall be provided
notice of foreclosure, all parties shall include the clerk of such municipality in n any
mailings or notices associated with foreclosure proceedings concerning property within
the municipality's boundaries All notices must be sent by registered or certified mail.
The municipality shall not be joined as a party unless they are joined as a part under
rider
other provisions of this section.
When notice of foreclosure is sent to a municipality, it shall include (i) the names of all
plaintiffs and the case number, (ii) the court in which the action was brought, (iii) the
names of title holders of record (iv) a legal description of the real estate sufficient to
identify it with reasonable certainty, (v) a common address or description of the location
of the real estate (vi) identification of the mortgage sought to be foreclosed, (vii) the
name address and phone number of the servicer, servicer's agent or servicer' s
representative and (viii) the name of a natural person 21 years or age or older who
maintains a permanent residence in Illinois and who can be contacted by the municipality
to answer questions relating to the maintenance of the property. Such notice must be sent
within 10 days of the filing of a notice of foreclosure under $ 735 ILCS 5/15-1503 with
the county in which the mortgaged real estate is located.
VACANT AND ABANDONED PROPERTY LEGISLATION
If before a foreclosure sale is completed, there is a change in any of the relevant
information above such as name phone number, agenet, or local representative, new
notice must be sent to the municipality informing the municipality of the change. Such
notice must be sent within 30 days of the change.
For the pumoses of this section the term "servicer" means the person responsible for
servicing of a loan (including the person who makes or holds a loan if such person also
services the loan).
For the purposes of this section the term "servicing" means the collection or remittance
or the right or obligation to collect or remit for any lender, noteowner, noteholder, or for
a licensee's own account of payments interest, principal, and trust items such as hazard
insurance and taxes on a residential mortgage loan in accordance with the terms of the
residential mortgage loan• and includes loan payment follow-up, delinquency
follow-up loan analysis and any notifications to the borrower that are necessary to enable
the borrower to keep the loan current and in good standing.
Servicers have the following duties in replying to municipal inquiries :
(A) In general. If any servicer of a loan receives a qualified written request from a
municipality for information relating to the maintenance of the property covered
by the loan the servicer shall provide a written response acknowledging the
receipt of the correspondence within 20 days (excluding public holidays
Saturdays and Sundays) unless the action requested is taken within such period.
(B) Qualified Written Request For the purposes of this subsection, a qualified written
request shall be a written correspondence that includes or otherwise enables the
servicer to identify, the name and account of the borrower.
(C) Action with respect to inquiry. Not later than 60 days (excluding legal public
holidays Saturdays and Sundays) after the receipt from any municipality� f any
qualified written request the servicer shall provide the information requested.
Any person, partnership association corporation or other entity that violates an y
provision of this section commits a business offense and shall be fined an amount not to
exceed $ 25,000 by the Commissioner of Banks and Real Estate or a person authorized
by the Commissioner, the Office of Banks and Real Estate Act [20 ILLS 3205/0. 1 et
seq.], or this Act to act in the Commissioner's stead[.]
(735 ILCS 5/15-1509) (from Part 15, par. 15- 1509)
Sec. 15- 1509. Report of Sale or No Sale and Confirmation of Sale
(a) Report.
u The person conducting the sale shall promptly make a report to the court,
which report shall include a copy of all receipts and, if any, certificate of sale.
VACANT AND ABANDONED PROPERTY LEGISLATION
ii The person conducting the sale shall promptly make a report to the
municipality, which report shall include the name of the party purchasing the
property if the property is sold, or the name of the resulting property-holding
entity if there is no sale. Such a report must be sent by registered or certified
mail within 30 days of the sale proceeding.
(b) Hearing. Upon motion and notice in accordance with court rules applicable to
motions generally, which motion shall not be made prior to sale, the court shall conduct a
hearing to confirm the sale. Unless the court finds that (i) a notice required in accordance
with subsection (c) of Section 15- 1507 [735 ILCS 5/15- 15071 was not given, (ii) the
terms of sale were unconscionable, (iii) the sale was conducted fraudulently or (iv) that
justice was otherwise not done, the court shall then enter an order confirming the sale.
The confirmation order may also:
( 1 ) approve the mortgagee's fees and costs arising between the entry of the judgment of
foreclosure and the confirmation hearing, those costs and fees to be allowable to the same
extent as provided in the note and mortgage and in Section 15- 1504 [735 ILCS 5/15-
] 504] ;
(2) provide for a personal judgment against any party for a deficiency; and
(3) determine the priority of the judgments of parties who deferred proving the priority
pursuant to subsection (h) of Section 15- 1506 [735 ILCS 5/15- 15061 , but the court shall
not defer confirming the sale pending the determination of such priority.
(b-5) Notice with respect to residential real estate. With respect to residential real estate,
the notice required under subsection (b) of this Section shall be sent to the mortgagor
even if the mortgagor has previously been held in default. In the event the mortgagor has
filed an appearance, the notice shall be sent to the address indicated on the appearance. In
all other cases, the notice shall be sent to the mortgagor at the common address of the
foreclosed property. The notice shall be sent by first class mail. Unless the right to
possession has been previously terminated by the court, the notice shall include the
following language in 12-point boldface capitalized type:
IF YOU ARE THE MORTGAGOR (HOMEOWNER), YOU HAVE THE RIGHT TO
REMAIN IN POSSESSION FOR 30 DAYS AFTER ENTRY OF AN ORDER OF
POSSESSION, IN ACCORDANCE WITH SECTION 15- 1701 (c) OF THE ILLINOIS
MORTGAGE FORECLOSURE LAW.
(c) Failure to Give Notice. If any sale is held without compliance with subsection (c) of
Section 15- 1507 of this Article [735 ILCS 15- 1507] , any party entitled to the notice
provided for in paragraph (3) of that subsection (c) who was not so notified may, by
motion supported by affidavit made prior to confirmation of such sale, ask the court
which entered the judgment to set aside the sale, provided that such party shall guarantee
or secure by bond a bid equal to the successful bid at the prior sale. Any subsequent sale
VACANT AND ABANDONED PROPERTY LEGISLATION
is subject to the same notice requirement as the original sale.
(d) Validity of Sale. Except as provided in subsection (c) of Section 15- 1508, no sale
under this Article shall be held invalid or be set aside because of any defect in the notice
thereof or in the publication of the same, or in the proceedings of the officer conducting
the sale, except upon good cause shown in a hearing pursuant to subsection (b) of Section
15- 1508 . At any time after a sale has occurred, any party entitled to notice under
paragraph (3) of subsection (c) of Section 15- 1507 [735 ILCS 5/15- 15071 may recover
from the mortgagee any damages caused by the mortgagee's failure to comply with such
paragraph (3). Any party who recovers damages in a judicial proceeding brought under
this subsection may also recover from the mortgagee the reasonable expenses of
litigation, including reasonable attorney's fees.
(e) Deficiency Judgment. In any order confirming a sale pursuant to the judgment of
foreclosure, the court shall also enter a personal judgment for deficiency against any
party (i) if otherwise authorized and (ii) to the extent requested in the complaint and
proven upon presentation of the report of sale in accordance with Section 15- 1508 .
Except as otherwise provided in this Article, a judgment may be entered for any balance
of money that may be found due to the plaintiff, over and above the proceeds of the sale
or sales, and enforcement may be had for the collection of such balance, the same as
when the judgment is solely for the payment of money. Such judgment may be entered,
or enforcement had, only in cases where personal service has been had upon the persons
personally liable for the mortgage indebtedness, unless they have entered their
appearance in the foreclosure action.
(f) Satisfaction. Upon confirmation of the sale, the judgment stands satisfied to the extent
of the sale price less expenses and costs. If the order confirming the sale includes a
deficiency judgment, the judgment shall become a lien in the manner of any other
judgment for the payment of money.
(g) The order confirming the sale shall include, notwithstanding any previous orders
awarding possession during the pendency of the foreclosure, an award to the purchaser of
possession of the mortgaged real estate, as of the date 30 days after the entry of the order,
against the parties to the foreclosure whose interests have been terminated.
An order of possession authorizing the removal of a person from possession of the
mortgaged real estate shall be entered and enforced only against those persons personally
named as individuals in the complaint or the petition under subsection (h) of Section 15-
1701 [735 ILCS 5/ 15- 1701 ] and in the order of possession and shall not be entered and
enforced against any person who is only generically described as an unknown owner or
nonrecord claimant or by another generic designation in the complaint.
Notwithstanding the preceding paragraph, the failure to personally name, include, or seek
an award of possession of the mortgaged real estate against a person in the confirmation
order shall not abrogate any right that the purchaser may have to possession of the
mortgaged real estate and to maintain a proceeding against that person for possession
VACANT AND ABANDONED PROPERTY LEGISLATION
under Article 9 of this Code or subsection (h) of Section 15- 1701 [735 ILCS 5/15- 17011 ;
and possession against a person who (1 ) has not been personally named as a party to the
foreclosure and (2) has not been provided an opportunity to be heard in the foreclosure
proceeding may be sought only by maintaining a proceeding under Article 9 of this Code
or subsection (h) of Section 15- 1701 [735 ILCS 5/15- 17011 .
`,kP,D C/)-J_ Reviewed By: Agenda Item Number
J� , .1% Legal El 41
esr. leas Finance F-1 1 Engineer El Tracking Number
City Administrator ❑
Consultant ❑ T w 90UP1
Agenda Item Summary Memo
Title: Weed Abatement Procedures
Meeting and Date Public Works—March 17, 2009
Synopsis: Staff would like to change the notification requirements so that property code
violations can be addressed in a shorter time frame, with fewer procedural steps.
Naperville's and Aurora's regulations are presented as a framework.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested: If the Public Works Committee is supportive, staff will draft an
ordinance making similar changes to Yorkville's municipal code and ,
with City Attorney review, forward it to City Council for approval.
Submitted by: Brendan McLaughlin Administration
Name Department
Agenda Item Notes:
ARTICLE IV. PROPERTY MAINTENANCE Page 9 of 17
Building and Permits.
(2) An inspection is performed by the code official to determine wh ions, if any,
t.
(3) 1 ns are corrected to be in compliance w'
(4) A written cate of occupancy compliance is issued by the Division of
Building and Permits.
301. 4, Parking areas: It shall to park any vehicle on any type of surface not
approved under the applicable pr ns of Section Aurora Zoning Ordinance .
Parking on gra dirt shall be prohibited . Parking on� surface shall be prohibited
unless said condi ' s legal and nonconforming pursuant to Sections 6 f the Aurora Zoning
Ordinance .
2. 3, Sidewalks and driveways: All walkways, stairs, driveways, parking spaces and
s shall be kept in a proper state of repair, and maintained free from hazardous conditions. Public
sidewalks shall be maintained in accordance with Section 42 of the Aurora Code of Ordinances.
Section PM-302. 4, Weeds. Duty of property owner; excluded areas.
(a) Every property owner is required to cut and destroy all weeds located on land within
the jurisdictional limits of the city whenever they exceed a height of eight (8) inches or if,
in the opinion of the health authority, destruction of weeds is necessary. Any property
owner who does not maintain property as required by this section shall be in violation of
this code .
(b) The health authority may exclude from the provisions of this section any land
located in a public nature area or not within two hundred (200) feet of any private
residence or place of public use; provided , that such weeds do not otherwise cause a
health or safety hazard in the opinion of the health authority.
(c) The health authority shall exclude those areas located within any property owned or
leased by a unit of local government within the jurisdictional limits of the city used for
institutional or recreational purposes.
Section PM-302. 4. 1, Notice to abate.
(a) Lots with occupied structures. Notice to abate a violation of this section shall be
given in writing to the property owner in the manner herein described and shall state a
specified period of time for abatement by the property owner. The inspector issuing the
notice shall personally serve or deliver a copy to the property owner, mail a copy to the
residence of the property owner, or if said residence is unknown, the address of the
property where the nuisance exists by proof of mail , or by posting . Service may also be
made by posting a sign regarding the violation in a conspicuous place near the main
entrance of the premises in violation . The posted sign shall be at least eleven ( 11 )
inches in height and eight (8) inches in width and the top thereof in large letters shall
state the words, "Grass/Weed Violation--Ordinance Violation". In any event, the text of
the notice shall contain a reference to the provision of this code violated and may
contain such other information affecting the nature of the violation as the health authority
deems advisable.
(b) Lots with unoccupied structures and vacant lots. The city shall cause to be
published in a newspaper of general circulation within the city limits once a week for two
(2) consecutive weeks during the month of May of each year a notice informing all such
property owners that the growth of weeds on any such lot is contrary to the ordinances
of the city. The notice shall further inform the public that should the weeds ever grow to
more than eight (8) inches in height, the city may cut the weeds without further notice
and the property owner shall be liable to the city for its costs. This notice shall be a
http://Iibrary2 .municode.com/default-test/DoeView/10143/1 /37/41 3/6/2009
ARTICLE IV. PROPERTY MAINTENANCE Page 10 of 17
display advertisement.
(c) It shall be unlawful for anyone to deface , tamper with , orremove the grass/weed
violation ordinance violation sign from the property where it is posted unless authorized
by the health authority.
Section PM-302. 4. 2, Penalties.
(a) After notice has been provided pursuant to Section 302.4. 1 , the health authority is
authorized to cut or destroy such weeds. If the health authority cuts or destroys any
weeds as provided in this section, the city shall have a lien for the costs of abatement,
including recording fees and offender provisions herein, for an administrative fee in the
amount established including, but not limited to, inspections, correspondence,
preparation of lien, title searches, and other expenses which may have been incurred by
the city regarding such abatement. Offender provisions shall increase in amount each
time the city is required to cut or destroy weeds within a growing season (May 1st to
November 15th ) as follows:
( 1 ) First time offense: Fifty dollars ($50.00)
(2) Second time offense within same growing season: One hundred fifty dollars
($150.00)
(3) Third time offense within same growing season : Two hundred fifty dollars
($250.00)
(4) Fourth time offense within same growing season: Five hundred dollars
($500.00)
(b) A property owner who fails to cut or destroy weeds, as required in the notice
provided in Section 302.4. 1 , shall be guilty of an offense punishable as provided herein.
Each day a violation exists after notice is sent, posted or advertised , shall be a separate
offense . In addition to the penalty provided in this section, the city may apply for
injunctive relieve to require abatement, in addition to any other remedies available.
302. 7. 3, Accessory Structures: Metal type fences shall have a top honzon a suppo s
sure that the fence material remains straight, sound and in good repair.
8, Motor Vehicles: Except as provided for in other regulations, n perative or non-
currently re ed or unlicensed motor vehicle shall be parked , kept o ed on any residential
premises for me n thirty (30) days within any 12 month period , ded not more than one ( 1 )
such vehicle is parke t or stored on any residential premise ny time. No vehicle shall at any
time be in a state of majo assembly, disrepair or in the ess of being stripped or dismantled .
Painting of vehicles is prohibite ess conducted inside pproved spray booth .
Exception: Unlicensed vehicles may b ked or s d inside a completed enclosed garage or similar
enclosed building designed and approved urposes.
Section PM-302. 8. 1, Violations red n ce. The storing of junk and trash on private
property within the city, where such s ge is not autho under the terms of the zoning ordinance,
and in any manner not permitted a zoning ordinance, is d a nuisance.
Section PM-302. 8.2 lations declared criminal upon failure te. Any property owner or
any occupant of propert o allows such storage on the property owned o ied by him shall be
guilty of a misdeme ; and any person who shall neglect to abate and remove nuisance after
notice thereof sh , or each twenty-four (24) hours thereafter during which the nuisanc nues, be
guilty of a mi eanor.
ti on PM-302. 8. 3, Notice to abate.
(a) Lots with occupied structures. Any inspector of the city upon observing any violation
of this section shall issue a notice directed to the owner of record of the property on
http://Iibraiy2.municode.com/default-test/DocView/10143/1 /37/41 3/6/2009
4-3 -2 : PLANTS AND WEEDS : Page I of
4-3-2 : PLANTS AND WEEDS : � r �
1 . Nuisances Declared :
1 . 1 . Weeds: Any weeds such as jimson, burdock, ragweed , thistle, cockleburr or other
weeds of a like kind , found growing in any lot or tract of land in the city are hereby declared
to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in
any such place , except in designated natural landscape areas as described in subsection
4-3-2. 5 of this section , other than city parkways and median strips so designated , or natural
and buffer areas or preserves as provided under 525 Illinois Compiled Statutes 30/1 et seq .
(Ord . 94-23 , 2-15-1994)
1 .2 . Barberry Bushes: It shall be a nuisance and unlawful to plant or permit the growth of
the bush of the species of tall , common or European barberry, further known as Barberis
vulgaris or its horticultural varieties within the city. ( 1960 Code, El 23. 503)
1 . 3. Height: It shall be unlawful for anyone to permit any weeds, grass or plants, other than
trees, bushes, flowers, shrubs, vines, ground cover, common garden crops such as farm
food , or other ornamental plants to grow to a height exceeding eight inches (8") anywhere
in the city, except in designated natural landscape areas, in median strips or on private
naturally landscaped lots , as described in subsections 4-3-2. 5 and 4-3-2 .6 of this section ,
or natural and buffer areas or preserves as provided under 525 Illinois Compiled Statutes
30/1 et seq . Any such plants or weeds exceeding such height are hereby declared to be
nuisances.
The owners of property abutting any public streets, roads or ways shall maintain the area
between the edge of pavement or curb and their property line, commonly known as
parkway, in a neat, clean and orderly condition and free of any weeds, and grass or plants
in excess of five inches (5") in height other than flowers not exceeding eighteen inches
( 18") in height, and trees provided , however, if said parkway is a designated natural
landscape area as described in subsection 4-3-2. 5 of this section , it shall be maintained
free of weeds by the owners of the abutting property.
At the homeowner's expense and maintenance, rear yard parkways facing arterial
roadways as indicated on the city of Naperville thoroughfare plan , may be planted with the
following alternative vegetation :
Common Name Horticultural Name
Baltic ivy Hedera baltica
Creeping juniper Juniperus horizontalis
Dragon's blood sedum Sedum spurium
Hardy ivy Hedera "thorndale"
Pachysandra, Japanese spurge Pachsandraterminalis
Periwinkle, myrtle Vinca minor
Purple leaf winter creeper Euonymous coloratus
http://www.sterlingeodifiers.com/IL/Naperville/06003000000002000.htm 3/6/2009
4-3 -2 : PLANTS AND WEEDS : Page 2 of 4
(Ord . 94-23, 2-15-1994)
2. Removal Notice:
` 2 . 1 . Notice to abate a violation of this section shall be given in writing to the property owner
and shall state a specified period of time for abatement by the property owner. Where a
property owner cannot be found , or otherwise served with notice by mail, then alternatively,
notice to abate a violation of this section may be given by posting a sign in a conspicuous
place near the main entrance of a structure or on the property. In either event, the text of
the notice shall contain a reference to the provision of this code violated and may contain
such other information respecting the nature of the violation as the health authority deems
advisable.
2 . 2 . The city shall cause to be published in a newspaper of general circulation within the
city limits once a week for two (2) consecutive weeks during the month of May of each year
a notice informing all such property owners that the growth of weeds on any such lot is
contrary to the ordinance of the city. The notice shall further inform the public that should
the weeds ever grow to more than eight inches (8") in height, the city may cut the weeds
without further notice and the property owner shall be liable to the city for its costs. This
notice shall be a display of advertisement.
2 .3 . It shall be unlawful for anyone to deface, tamper with, or remove the "Notice to Abate"
sign from the property where it is posted unless authorized by the health authority. (Ord .
03-155, 7-15-2003)
3.Abatement Of Nuisance: If the person so served does not abate the nuisance within five ( 5)
days, the city may proceed to abate such nuisance, keeping an account of the expense of
the abatement, and such expense shall be charged and paid by such owner or occupant.
( 1960 Code, ❑ 23.505)
4. Lien Procedures:
4. 1 . The expense of abatement shall be a lien upon the premises as provided by statute.
Whenever a bill for abatement expenses remains unpaid sixty (60) days after it has been
rendered , the city clerk may file with the county recorder of deeds of DuPage County, a
statement of lien claim . This statement shall contain the legal description of the premises
served , the amount of the unpaid bill, and a notice that the city claims a lien for this amount.
Notice of the bill for abatement expense shall be mailed to the owner of the premises
whenever such bill remains unpaid for a period of sixty (60) days after it has been
rendered . The failure of the city 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 abatement expense, as provided for in the following provisions.
4.2 . Property subject to a lien for unpaid abatement charges 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 city.
The city attorney is hereby authorized and directed to institute such proceedings, in the
name of the city, in any court having jurisdiction over such matters, against any property for
http://www.sterlingeodifiers.com/IL/Naperville/06003000000002000.htm 3/6/2009
4-3-2: PLANTS AND WEEDS: Page 3 of 4
which a bill for abatement expenses has remained unpaid sixty (60) days after it has been
rendered .
5. Designated Natural Landscape Area:
5. 1 . A designated natural landscape area is an area of land within the city owned by the
city, the Naperville park district or a forest preserve district which is designated by the city
to allow natural vegetation to grow and exist with minimal human intervention in order to
retain or recover to a substantial degree its natural character.
5.2 . The city council shall approve the designation of natural landscape areas upon request
of the owner, unless the city determines that doing so would not be in the best interests of
the public health or safety.
5.3. Thereafter, the owner shall annually submit to the director of community development
an accurate current list of all of its land designated and used as natural landscape areas
within the city.
6. Private Naturally Landscaped Lots:
6. 1 . Private Naturally Landscaped Lot Defined : A "private naturally landscaped lot" is a
privately owned lot which is naturally landscaped so as to exhibit the deliberate and
conscious decision to plant, cultivate and maintain those native or naturally occurring
species identified as wildflower and prairie grasses in commonly accepted publications
including " Plants Of The Chicago Region", by Floyd Swink and Gerold Wilhelm ( 1974),
"Wildflowers Of The Tallgrass Prairie, The Upper Midwest", by Sylvan T. Runkel and Dean
M . Roosa ( 1989), "Field Guide To North American Wildflowers, Eastern Region" , by the
Audubon Society ( 1979), and "Native Illinois Herbs And Forbs", by Illinois department of
conservation, copies all of which are on file and available for inspection with the director of
community development.
6.2 . Permit Required : No person shall own or maintain a private naturally landscaped lot
without first securing a natural landscaping permit therefor from the department of
community development. Natural landscaping permits shall be subject to title 3, chapter 2
of this code. Permit applications shall include a site plan drawn to scale on paper no
smaller than eight and one-half inches by eleven inches (81 /2" x 11 "), and no larger than
twenty four inches by thirty six inches (24" x 36"), which contains the permanent index
number of the property, the location of property lines, location of the plant materials, list of
plant materials by common name, north arrow, location of structures, fences and paved
areas, and all setbacks of plant materials.
6.2 . 1 . Compliance With Permit: Compliance with the terms of this section shall be a
condition of any natural landscaping permit. The terms and conditions of natural
landscaping permits shall be enforced in accordance with title 3, chapter 2 of this code.
Permits may be amended with the approval of the department of community
development.
6.2 .2 . Term: The term of natural landscaping permits shall be to the next succeeding
June 30 , five (5) years after issuance, unless terminated sooner pursuant to subsection
4-3-2 .6 .2 . 1 of this section . The permit shall run with the land and be binding upon and
http://www.sterlingcodifiers.com/IL/Naperville/06003000000002000.htm 3/6/2009
4-3-2 : PLANTS AND WEEDS : Page 4 of 4
inure to the benefit of the owner and its successors in title.
6.3. Annual Cutting : Natural landscaping on private lots shall be mowed or cut to eighteen
inches ( 18") or less at least once prior to June 1 of each calendar year.
6.4. Setback: Natural landscaping on private lots shall not be located within two feet (2') of
the front property line or at corner side property lines of lots having a public sidewalk, or
within four feet (4') of any other property line; provided however, no rear or side yard
setback shall be required where the natural landscaping material is separated from
adjacent lots by fencing or bushes, or where the natural landscaping material abuts
permitted natural landscaping material on an adjacent lot. An intervening path or sidewalk
shall not be deemed to prevent natural landscape materials from "abutting" for purposes of
this section . (Ord . 94-23, 2-15-1994)
7. Penalty: Any person violating any provision of this section shall be fined not less than one
hundred dollars ($ 100.00) 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. The fact that vegetation remains on any premises in the city
in violation of this section shall be prima facie evidence that the occupant of such premises
is responsible for the violation of the ordinance occurring . (Ord . 03-168, 8-4-2003)
http://www.sterlingcodifiers.com/IL/Naperville/06003000000002000.htm 3/6/2009