[HISTORY: Adopted by the Mayor and City Council of the City
of Maroa 11-22-2001 by Ord. No.
11/22/01-2 (Ch. 25, Art. II, of the 2001 Code).
Amendments noted where applicable.]
[Amended 9-28-2009 by Ord. No. 9/28/09-1; at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
It shall be unlawful and is hereby declared a nuisance under
this chapter for any property owner, occupant, lessee, or any person
substantially in control of the offending property, to permit weeds,
grasses or plants of any kind to reach a height of six inches or more,
or to allow flowers, trees, bushes, shrubs or plants of any kind to
obstruct the view necessary for the safe operation of motor vehicles,
or otherwise, in any manner, endanger the health and safety or prevent
or impede the municipality in its duties.
[Amended 9-28-2009 by Ord. No. 9/28/09-1]
This chapter shall not apply to ornamental plants such as flowers,
trees, bushes and shrubs or vegetables contained within a garden plot,
unless, in the discretion of City officials, it is determined that
such plants obstruct the view necessary for the safe operation of
motor vehicles or otherwise, in any manner, endanger health and safety
or prevent or impede the municipality's performance of its duties.
[Amended 9-28-2009 by Ord. No. 9/28/09-1]
A City official may issue and serve a notice to abate the nuisance.
The notice to abate shall require the violator to cut and/or remove
the offending weeds, grasses or plants within seven days after service
of the notice.
[Amended 9-28-2009 by Ord. No. 9/28/09-1]
If the violator has failed to fully abate the nuisance within
the time provided in the notice to abate, the City may issue an ordinance
violation, may apply to the Circuit Court for an order requiring the
owner to abate and/or may, itself, proceed to abate the nuisance,
or cause the nuisance to be abated. Failure to abate the nuisance
within seven days shall be deemed neglect or a refusal to cut, trim
or remove the offending vegetation.
[Amended 9-28-2009 by Ord. No. 9/28/09-1]
If the violator has failed to fully abate the nuisance within
the time provided in the notice to abate, the City may go upon the
offending property and provide for the cutting, trimming and/or removal
of the offending weeds, grasses or plants, trees, bushes or shrubs.
It shall be unlawful and is hereby declared a nuisance, separate and apart from the violation specified in § 268-1, for any property owner, occupant, lessee or any person substantially in control of the offending property to place obstructions, including, but not limited to, ornamental plants, garden vegetables, trees, shrubs, markings, signs or any other physical object in or near any portion of the offending property which would prevent or inhibit the City from abating the nuisance. City employees or officials may remove all obstructions necessary to allow the performance of their duties and ensure their safety in the performance of those duties.
The City may recover the reasonable costs of abating the nuisance
from the owners of the offending property, which may, at the discretion
of the City, include attorney's fees and court costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
After the City has abated the nuisance, a notice of lien and
invoice for the reasonable costs of abatement shall be personally
served and/or sent by certified mail to the person to whom was sent
the tax bill for the general taxes on the property for the last preceding
year. If the person receiving the tax bill for the last preceding
year is not now the owner, the City may, but is not required to, send
a similar notice by regular mail to the owner of the property. The
notice of lien shall have attached thereto and incorporated by reference
therein the text of 65 ILCS 5/11-20-7 and the text of this chapter
of the City Code and shall identify the offending property by common
description and the location upon the property of the weeds that were
cut.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Within 60 days after the City has abated the nuisance, a statutory
lien may be filed in the office of the recorder in the county in which
the offending property is located. The lien shall consist of a sworn
statement setting out a description of the real estate sufficient
to identify the property, the amount of money representing the reasonable
cost of abating the nuisance and the date or dates costs were incurred
by the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon payment of the lien, the City shall prepare and execute
a release of lien, which shall be filed in the office of the recorder
in the county in which the offending property is located.
The lien may be enforced by proceedings to foreclose, with the
property being sold at a Sheriff's sale and the proceeds used to discharge
the lien.
