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Ordinance 2009-23 Ordinance No. 2009- a3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, PROHIBITING NUISANCES AND OFFENSIVE CONDITIONS WHEREAS, the United City of Yorkville (the "City ") is a non home -rule municipality in accordance with the Constitution of the State of Illinois of 1970 and has the powers granted to it by law; WHEREAS, pursuant to Section 11 -60 -2 of the Illinois Municipal Code (65 ILCS 5/1 -1 -1, et seq.) the City has the authority to define, prevent, and abate nuisances. NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Title 4, Chapter 2, of the United City of Yorkville Code of Ordinances is hereby repealed in its entirety. Section 2. Title 4, Chapter 1, Section 5 (13)(7), of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection 7 in its entirety and replacing it with the following: 7. Certain Weeds, Grasses, Plants or Vegetables: 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 inches. Section 3. Title 4, Chapter 1, Section 5 (C) of the United City of Yorkville Code of Ordinances is hereby amended by deleting subsection C in its entirety and replacing it with the following: C. Notice to Abate: The city or an authorized agent shall serve upon the occupant of any premises, if any, and upon the owner thereof, notice of the nuisance violation, and where a property owner or occupant cannot be found, notice of the nuisance violation may be given by posting a sign in a conspicuous place near the main entrance of a structure or on the property, the notice shall demand abatement of the nuisance withing 5 days. 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 the public that any weeds, grass, plant or vegetable matter, other than trees, bushes, flowers, vegetable gardens or other ornamental plants, which grow to a height exceeding eight inches is a violation of city ordinance and the city may cut the weeds, grass, plant or vegetable if the violation is not abated within five days after notice is given and the property owner shall be liable to the city for its costs. It shall be unlawful for anyone to deface, tamper with, or remove any posted notice unless authorized by the city or an authorized agent. Section 4. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of , A.D. 2009. i ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI tVX MARTY MUNNS' — ROSE SPEARS BOB ALLEN () 4 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this l day of Act , A.D. 2009. Mayor Attest: C CRyXWrk 2 i I