Laws, Ordinances & Regulations
SECTION:
4-2- 1: Nuisances Declared Unlawful
4-2- 2: Nuisances Defined, Generally
4-2- 3: General Enforcement
4-2- 4: Enumeration Not Exclusive
4-2- 5: Duty Of Village Officers To Investigate; Power Of Entry
4-2- 6: Notice To Proper Officials
4-2- 7: Notice To Abate Nuisances
4-2- 8: Duty To Abate; Time Limits
4-2- 9: Failure To Abate; Separate And Recurring Offense
4-2-10: Abatement By Village
4-2-11: Summary Abatement By Village; Emergency Public Property
4-2-12: Costs Of Abatement; Debt Of Owner
4-2-13: Penalty
4-2- 1: NUISANCES DECLARED UNLAWFUL top
It shall be unlawful and a violation of this Chapter for any person to willfully or negligently create, erect, maintain or permit a nuisance to exist anywhere within the Village. (1997 Code)
4-2- 2: NUISANCES DEFINED, GENERALLY top
It is hereby declared a nuisance for any thing, act, omission, occupation or condition to exist or continue for such a length of time as to:
A. Substantially annoy, injure or endanger the health, safety, peace or welfare of the public; or
B. In any way render the public insecure in life or property; or
C. Greatly offend the public morals or decency; or
D. Unlawfully and substantially interfere with, obstruct or render dangerous for passage any street, sidewalk, alley, navigable body or other public way or place. (1997 Code)
4-2- 3: GENERAL ENFORCEMENT top
Any nuisance declared by statute, this Chapter or other provisions of this Code or ordinances of the Village shall be enforceable under the provisions of this Chapter as if enumerated specifically herein. (1997 Code)
4-2- 4: ENUMERATION NOT EXCLUSIVE top
Nuisances enumerated in this Chapter shall not be deemed exclusive, but are in addition to and shall be construed in conjunction with any other nuisances enumerated in statutes or other provisions of this Code or ordinances of the Village. (1997 Code)
4-2- 5: DUTY OF VILLAGE OFFICERS TO INVESTIGATE; POWER OF ENTRY top
Investigation: For the purpose of discovering nuisances, it shall be the duty of the police and other appropriate Village officers to investigate, confirm and report any nuisances coming to their attention.
Entry: In order to investigate, confirm and report nuisances, said officers shall, upon proper identification, be permitted at any reasonable hour and in a reasonable manner, to visit and enter into or upon any premises or property within the Village to make an examination thereof, if they shall have reasonable grounds to believe that a nuisance exists. (1997 Code)
4-2- 6: NOTICE TO PROPER OFFICIALS top
Whenever any nuisance shall be reported to or investigated and determined by police or other Village officers, notice shall be given to the owner or person in control of the property or premises involved, and to the appropriate Village officials whose functions include the abatement of such nuisances. (1997 Code)
4-2- 7: NOTICE TO ABATE NUISANCE top
Written Notice; Service: Whenever police or other Village officer determines that a nuisance exists on any private property or premises, the proper Village official shall cause a written notice to be served personally upon the owner or person in control of the property or premises who is causing, permitting or maintaining such nuisance, which notice shall give the person served five (5) days from the date of service of the notice to abate the nuisance. Such notice shall be by means of personal service of a copy of the complaint. Personal service shall be by any authorized inspector designated by the Village President or by any police officer of the Police Department or any person authorized by law to make personal service.
Contents Of Notice: Such notice shall fairly apprise such person of the nature of the nuisance, his duty to abate or remove the nuisance within the time provided therein, the penalty for failure to abate the same, and shall state that if said nuisance is abated by the Village, liability for necessary expenses to be incurred shall accrue as provided in Section 4-2-12 of this Chapter. (1997 Code)
4-2- 8: DUTY TO ABATE; TIME LIMITS top
It is hereby declared the duty of any person determined to have created, caused, erected, maintained or permitted a nuisance to exist within the Village to discontinue and abate such nuisances within five (5) days, or such other time period as may be specified in the notice, from the time he receives written notice thereof. (1997 Code)
4-2- 9: FAILURE TO ABATE; SEPARATE AND RECURRING OFFENSE top
It shall be unlawful and a violation of this Chapter for any person to neglect, refuse or otherwise fail to remove or abate any nuisance after expiration of the five (5) days or other specified time period provided by notice thereof; and each twenty four (24) hours, or fraction thereof, during which such nuisance continues or exists shall be deemed a separate offense. (1997 Code)
4-2-10: ABATEMENT BY VILLAGE top
Whenever any nuisance is not abated by the owner, lessee or person in control of the premises or property affected within the time period provided by notice, the proper Village officer shall cause the abatement or removal of such nuisance. (1997 Code)
4-2-11: SUMMARY ABATEMENT BY VILLAGE; EMERGENCY; PUBLIC PROPERTY top
Whenever any nuisance a) constitutes or is deemed to be an imminent or immediate danger to the public health or safety, or b) exists on public property, the proper Village officer shall cause such nuisance to be summarily and immediately abated and removed, regardless of any 5-day or other time period specified by notice to the person responsible thereof; provided, however, that in situation a) above, such officer shall have first applied for and obtained the written permission of the Village President for such summary abatement. (1997 Code)
4-2-12: COSTS OF ABATEMENT; DEBT OF OWNER top
Lien On Real Property: Any costs or expenses of abatement reasonable incurred by the Village pursuant to the provisions of Sections 4-2-10 and 4-2-11 of this Chapter shall be deemed a debt to the Village by the owner, lessee or person in control of premises upon which such nuisances existed; provided, that where specially provided in this Code or by statute1, such costs and expenses shall become a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens.
Enforcement: It shall be the duty of the Village Attorney to enforce by civil action any and all such debts or liens as provided in subsection A of this Section. (1997 Code)
4-2-13: PENALTY top
Whenever in this Chapter any act is prohibited or is made or declared to be unlawful or a nuisance, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, when no specific penalty is provided therefore, any person violating such provision shall, upon conviction thereof, be subject to a penalty as provided in Section 1-4-1 of this Code. (1997 Code)