Village of Sidney, IL
Champaign County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the President and Board of Trustees of the Village of Sidney 3-6-1995 by Ord. No. 95-01. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 167.
Solid waste — See Ch. 200.
Trees — See Ch. 219.
The plants and weeds listed in § 241-2 of this chapter are hereby declared to be a nuisance. It shall be unlawful for any person owning, possessing, or being in control of any lot or tract of real estate in the Village of Sidney, Illinois, to have any of such plants or weeds growing outside on such lot or tract.
The plants and weeds which are declared a nuisance by § 241-1 hereof shall include the following plants and weeds:
A. 
Plants which cause the dispersion of pollen which can cause hay fever by plants such as: common ragweed (Ambrosia artemisiifolia L.) and giant ragweed (Ambrosia trifida L.).
B. 
Plants which cause the occurrence of toxic or injurious vegetation by plants such as: jimson weed (Datura stramonium L.), poison hemlock (Conium maculatum L.), poison ivy (Toxicodendron radicans) and poison sumac (Rhus raducans L.).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
The occurrence of plants defined as noxious weeds in 505 ILCS 100/1 et seq.
D. 
Johnson grass and all perennial sorghums [Sorghum halepense (L) Pers.], Canada thistle [Cirsium arvense (L) Scop., and perennial nutans L.], marijuana (Cannabis sativa L.), and perennial sow thistle (Sonchus arvensis L.).
E. 
Burdock, cocklebur and wild lettuce.
F. 
Tall, common, or European barberry, further known as "Berberis vulgaris," and its horticultural varieties.
G. 
Plants which aid in the breeding or harboring of rats.
H. 
Plants which hinder the expedient removal of useless junk and debris of practically no value.
I. 
The occurrence of vegetation in excess of eight inches in height, except the following:
(1) 
Trees, shrubs, vines, and annual and perennial herbaceous ornamental plants.
(2) 
Edible vegetation that constitutes part of a managed crop or vegetable garden.
It shall be the duty of the President and Board of Trustees, or the designee of either, to serve or cause to be served a notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this chapter and to demand the abatement of the nuisance within a period of not less than seven days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the person so served does not abate the nuisance within seven days, an enforcement person designated by the President and/or Board of Trustees may enter upon the subject property without liability for trespass and proceed to abate such nuisance by cutting and/or removing and/or destroying such plants and weeds, keeping an account of the expenses of the abatement, and such expense shall be charged and paid by such owner or occupant. The Village is not required to abate such nuisance, however.
A. 
The cost of the nuisance abatement authorized by § 241-4 shall be a lien upon the real estate affected as provided by 65 ILCS 5/11-20-7. Whenever a bill for such nuisance abatement remains unpaid for 15 days, the Village Clerk shall file, within 60 days after the cost and expense of such nuisance abatement is incurred, a notice of lien with the Recorder of Deeds of Champaign County.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The notice shall consist of a sworn statement setting out:
(1) 
A description of the real estate sufficient for identification thereof;
(2) 
The amount of money representing the cost and expense incurred or payable for the service; and
(3) 
The date or dates when such cost and expense was incurred by the municipality.
C. 
A copy of such notice shall be mailed by the Village Clerk to the owner of the premises, if his address is known to the Clerk, but such mailing is not necessary to establish the validity of the Village's lien.
D. 
Property subject to a lien for such unpaid bills shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in equity in the name of the Village.
E. 
The Village Attorney is hereby authorized and directed to institute such proceedings in the name of the Village in any court having jurisdiction over such matter, against any property for which such nuisance-abatement bill remains unpaid after the filing of the Village's notice of lien. The Village may, to the extent allowable under state law, also recover its foreclosure costs, including its reasonable attorney's fees, from the proceeds of sale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person, firm, or corporation violating any of the provisions of this chapter shall be fined not more than $750 for each offense; and a separate offense shall be deemed committed on each day during or on which such nuisance continues unabated after seven days from receipt of the notice required by § 241-3.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any fine imposed shall be in addition to the Village's costs of removing the plants and weeds and abating the nuisance under this chapter. The Village authorities may determine, within the preceding fine range, the fine deemed appropriate, and if such fine is voluntarily paid, no further proceedings are necessary. If the fine is not paid, the Village Attorney may prosecute the offender in the appropriate court for imposition of fines and any necessary injunctive relief to abate the nuisance(s).