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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