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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-