Loading...
Ordinance 1970-54 E �. jr AN ORDINANCE OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DECLARING THE STORING OF JUNK, TRASH AND REFUSE, OR THE STORING AND PARKING OF INOPERATIVE AUTOMOBILES, MOTOR_ CYCLES OR TRUCKS ON PRIVATE PROPERTY AND THE BURNING OF CERTAIN MATERIALS TO BE A NUISANCE BE IT ORDAINED by the City Council of the United City of the Village of Yorkville, Kendall County, Illinois: Section 1 - That the storing of junk, trash, refuse or the storing or parking of inoperative automobiles, motorcycles or trucks on private property within the city limits of the City of Yorkville, Illinois, except in Industrial Districts, as provided by the Yorkville Zoning Ordinance, as amended, is hereby declared a nuisance. Section 2 - Junk, trash and refuse are defined herein to include any and all waste matter, whether reusable or not, which is offensive to the public health, safety, or to the esthetics of the neighborhood, and is specifically intended to include, but not limited to, worn-out, wrecked, inoperative, damaged or abandoned automobiles, motorcycles, trucks, tractors, machinery of any kind, or any parts thereof, old ice boxes, refrigerators, stoves, furniture or mechanical equipment. Section 3 - That any property owner, or occupant or tenant of property, who allows such storage on the property owned or occupied by him, whether he is the owner of said junk, trash, refuse, automobiles or other property or not, shall be guilty of a misdemeaner punishable by a fine of not less than $10.00 nor more than $500.00; that any person who shall neglect, fail or refuse to abate or remove such nuisance after notice thereof, shall for each twenty-four (24) hours thereafter during which said nuisance continues be subject to a like penalty as that originally incurred. Section 4 - That any City of Yorkville policeman, officer, inspector or employee, upon observing any violation of Section 1 of this Ordinance, shall issue a notice directed to the owner of record of the property on which said nuisance occurs, or to the occupant or tenant of said property, or both, which said notice shall describe the violation and shall establish a reasonable time limit for abate- ment thereof by such owner or occupant or tenant, which limit shall be-not less than two days or more than ten (10) days after service of such notice. Such notice �y * . -2- V ' ". � may' be served either personally, or by first class mail at the owner 's or occupant 's last known address. Section 5 - That, in the event the owner or occupant of the property where such nuisance violation of Section 1 of this ordinance exists, has failed, within the pre- scribed time, to abate such nuisance, then any City Officer, policeman, inspector or employee who served such notice shall file a complaint charging violation of this Ordinance with the Circuit Court for the Sixteenth Judicial Circuit demanding that the owner of the property, or the occupant thereof, or both, be held to answer to the Court for the violation of this Ordinance. Section 6 - That the open or outside burning of any materials, including plastic coated or treated paper or paper materials within the city limits is expressly pro- hibited, except that in residential districts, during daylight hours only, the occa- sional burning of untreated paper and paper products, wood, and seasonal burning of dry leaves is p(-rmitted, provided the same is done in suitable wire containers so as to prevent the blowing of burning papers, other materials or sparks. The discharge into the outdoor atmosphere of fumes, smoke, gas or vapor or any combination from the burning of any materials other than untreated papers, wood and leaves as provided above, shall be for the purposes of this Ordinance, declared air pollution and a public nuisance. Section 7 - The City Attorney or any citizen of the city, when such a nuisance exists as set forth in Section 6 above, may maintain a complaint in the name of the City, perpetually, to enjoin all persons from maintaining or permitting such nuisance and to abate the same. In addition, any City of Yorkville policeman, officer, inspector, or employee, upon observing any violation of Section 6 of this Ordinance, may enter upon private property and summarily abate any fires or burning that is in violation of this Ordinance. Section 8 - That any property owner or occupant or tenant of property who violates �► the provisions of Section 6 of this Ordinance, shall be guilty of a misdemeanor, pun- ishable by a fine of not less than $10.00 nor more than $500.00; and any person who shall neglect, fail or refuse to abate such nuisance after notice thereof, whether said notice be verbally or in writing, shall for each twenty-four (24) hours thereafter during which said nuisance continues, be subject to a like penalty as that originally incurred. _ y -3- Section 9 - That, all Ordinances, or parts of Ordinances, in conflict herewith, be, and the same are hereby amended, insofar as the same conflict. Section 10 - This Ordinance shall be in full force and effect from and after the date of its passage, approval and publication as provided by law. PASSED this day of �; G�l , A.D., 197 c..0 City Clerk APPROVED by me this day of A.D., 19 7 C% 7 � Ma or