Ordinance 1983-09A FHD: sb
1
ORDINANCE NO.—z 3 ILI
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 twelve
(12) 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
IM3-- 9/,
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 twelve (12) inches anywhere within the
City Limits of the UNITED CITY OF THE VILLAGE OF YORKVILLE.
Section 3 . Removal Notice
It shall be the duty of the Chief of Police 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 fo the nuisance be made within ten (10) days
from service of such notice.
Section 4 . Abatement
If the person so served does not abate the nuisance with-
in ten (10) days, the Director 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
-2-
charged and paid by such occupant or owner upon whom such notice
has been served.
Section 5 . Lien
Charges for such weed removal shall be a lien upon the
premises, whenever a bill for such charges remains unpaid for
sixty (60) 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
-3-
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 foreclosures shall be 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 competent jurisdiction over such matter, against any property
for which such bill has remained unpaid sixty (60) days after it
has been rendered.
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 $10 . 00 nor more than $100 . 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
-4-
by law.
PASSED this ,-q&Aday of �j'� � ,� A.D. 1982.
CIT CLERK
APPROVED this 4,ktkday of ,)2D�� , A.D. 1983.
MAYO
-5-