Ordinance 1993-16 ORDINANCE NO.
AN ORDINANCE OF THE UNITED CITY OF THE VILLAGE OF
YORKVILLE DECLARING CERTAIN WEEDS, ETC. , A NUISANCE,
REGULATING THE HEIGHT THEREOF, AND PRESCRIBING
PENALTIES FOR FAILURE TO CONTROL
WHEREAS, certain weeds and vegetation, either due to the
nature thereof or the height to which they are permitted to grow,
can create a health hazard by the release of noxious odors and
pollens, and due to the concealment of filthy or decaying matter,
rodents and animals, and
WHEREAS, the City, in exercise of its police powers desires to
eradicate such noxious weeds and control and regulate the height to
which weeds and grasses can be allowed within and upon pieces or
parcels of land within the City limits of the UNITED CITY OF THE
VILLAGE OF YORKVILLE.
NOW THEREFORE, BE IT ORDAINED by the City Council of the
UNITED CITY OF THE VILLAGE OF YORKVILLE as follows :
Section 1 . Definition
That any weed defined as a noxious weed by virtue of the Laws
of the State of Illinois, and any weed of' like kind, or any
vegetable growth which releases unpleasant or noxious odors, and
any high or rank vegetable growth over the height of eight (8)
inches from the surface of the ground, except as permitted in
Section 2 herein, which may or does conceal filthy or decaying
matter, rodents or small animals, upon any piece or parcel of land
within the City limits of the UNITED CITY OF THE VILLAGE OF
YORKVILLE, is hereby declared to be a nuisance.
Section 2 . Height
It shall be unlawful for anyone to permit any weeds, grass,
plant or vegetable matter, other than trees, bushes, flowers,
vegetable gardens or other ornamental plants to grow to a height
exceeding eight ( 8) inches anywhere within the City limits of the
UNITED CITY OF THE VILLAGE OF YORKVILLE.
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, grass or plants
in excess of five (5 ) inches in height, other than trees, bushes,
flowers or other ornamental plants .
Section 3 . Removal Notice
It shall be the duty of the Superintendent of Public Works to
serve or cause to be served upon the occupant of any premises, if
any, and upon the owner thereof, on which weeds or plants are
permitted to grow in violation of the provisions of this Ordinance,
a demand that the abatement of the nuisance be made within five ( 5)
days from service of such notice.
Section 4 . Abatement
If the person so served does not abate the nuisance within
five (5) days, the Superintendent of Public Works of the UNITED
CITY OF THE VILLAGE OF YORKVILLE may proceed to abate such
nuisance, keeping an account of expenses of the abatement, and such
expenses shall be charged and paid by such occupant or owner upon
whom such notice has been served within thirty ( 30) days of
billing.
Section 5 . Lien
Unpaid charges for such weed removal shall be a lien upon the
premises . Whenever a bill for such charges remains unpaid for
thirty ( 30) days after it has been rendered, the Clerk may file
with the Recorder of Deeds of Kendall County, a statement of lien
claim. This statement shall contain a legal description of the
premises, the expenses and costs incurred and the date when the
weeds were cut, and a notice that the City claims a lien for the
amount of such expense.
Notice of such lien claim shall be mailed to the owner of the
premises at the last known address of such owner; provided,
however, that failure of the Clerk to record such lien claim or to
mail such notice, or the failure of the owner to receive such
notice, shall not affect the rights of the City to collect for such
charges, as provided in this Section; nor shall the failure of the
owner to receive such notice, affect the right of the UNITED CITY
OF THE VILLAGE OF YORKVILLE to foreclose for the lien for such
charges .
Section 6 . Foreclosure Lien
Property subject to a lien for unpaid weed cutting 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 .
The City Attorney is hereby authorized and directed to
institute such proceedings, in the name of the City, in any Court
having competent jurisdiction over such matter, against any
property for which such bill has remained unpaid thirty ( 30 ) days
after it has been rendered.
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Section 7 . Fines
Every person, firm or corporation who violates any of the
provisions hereof shall be guilty of a misdemeanor and shall be
fined not less than $25 . 00 nor more than $200 . 00 for each and every
offense, and each day they or it violates or fails to comply with
the terms and provisions hereof shall constitute a separate
offense.
Section 8 . Severability
The invalidity of any part, section or sentence of this
Ordinance shall not affect the remainder thereof.
Section 9 . Effective Date
This Ordinance shall be in full force and effect from and
after its due passage, approval and publication, as required by
law.
PASSED this of _ ��-�-�= , 19
�Cit C e,rk
APPROVED this 1:7�- of �_% tLX , 19� .
Mayo
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