Article I: Generally
(A) Bulk Waste. The term “bulk waste” shall mean any of the following:
(1) Appliances, including but not limited to: washer, dryer, refrigerator, freezer, stove, television, water heater, or
(2) Indoor furniture, including but not limited to: bed springs, mattresses, carpet, couch, chairs, cushions; or
(3) Other items exposed to the elements not designed for exterior use.
(B) Front Yard. The yard extending across the full width of a lot that lies adjacent to the public or private street or roads and extends from the front property line of said lot to the front of the structure on the lot.
(C) Garbage. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(D) Junk. Scrap and old iron, steel, chain, brass, copper, magnesium, aluminum, tin, lead or other base metals, scraps of woolens, clippings, bagging, rubber and glass and empty bottles of different kinds and sizes when the number of each kind or size is less than one gross, wrecked or dilapidated motor vehicles, engines, machinery stored or held and all articles and things discarded or no longer used as a manufactured article composed of or consisting of any one or more of the materials or articles herein mentioned.
(E) Person. Any person, firm, partnership, association, corporation, company or organization of any kind.
(F) Premises. Any real property or improvements thereon as the case may be.
(G) Property. Premises.
(H) Rubbish. Combustible or noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matters, glass, crockery and dust and other similar materials.
(I) Weeds. Includes noxious weeds, such as buckhorn, bull nettle, burdock, Canadian thistle cockleburr, curled dock, dodders, field bindweed, giant foxtail, hoary cress, jimson, Johnson grass, leafy spurge, ox-eye daisy, perennial sow thistle, quack grass, ragweed, Russian knapweed, sweet clover, wild carrot, wild garlic, and wild mustard.
25-1-2 PURPOSE. The purpose of this Ordinance is to identify and deal within a timely manner, certain public nuisances.
25-1-3 NUISANCES DECLARED. It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the Village to maintain such premises in such manner that any one or more of the following subsections are found to exist.
(A) That keeping, storage, depositing or accumulation on the premises of any junk, garbage or rubbish, including but not limited to abandoned, wrecked, dismantled, unlicensed or inoperative vehicles, automotive parts and equipment, appliances, furniture, containers, packing materials, scrap metal, wood, building materials or debris which is within view of persons on adjacent property or public right of way and which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property or property values; provided however, that wood and building materials being used or to be used for a project or construction or repair or renovation for which a building permit has been obtained may be stored for such period of time as is necessary expeditiously to complete the project.
(B) The keeping, storage, depositing or accumulation of dirt, sand, gravel, concrete or other similar materials for an unreasonable period, which constitutes visual blight or reduces the aesthetic appearance of the neighborhood or is offensive to the senses or is detrimental to nearby property and property values.
(C) The parking of any semi-truck, trailer or tractor, or vehicle on any public place or right of way, on any street or alley in the Village without a license for that vehicle displayed thereon.
(D) Any premises or Village right of way adjacent to that premises on which the owner or person having control or the agent of the person having control permits any grass or weeds over five inches (5”) in height or deleterious, unhealthful growth or other noxious matter that may be growing, lying or located thereon.
(E) The keeping, storage, depositing or accumulation of bulk waste or junk. The keeping of bulk waste or junk shall not be permitted on open porches, carports, open garages, pavilions or similar structures.
(F) Any premises which is not maintained so as not to pose a threat to the health, safety or welfare of the public, is littered with animal feces, or which has improperly maintained trees, shrubs or vegetation that poses a threat to the health, safety or welfare of the public of has conditions which constitute a mosquito harborage.
25-1-4 RESPONSIBILITY OF OWNER OR OCCUPANT:
(A) Every owner of real property within the Village is required to maintain such property in a manner so as not to violate the provisions of the Chapter and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding property.
(B) Every occupant, lessee or holder of any interest in property other than the thereof is required to maintain such property in the same manner as is required by the owner thereof and the duty imposed by this Sections on the owner thereof shall in no instance relieve those person herein referred to from similar duty.
25-1-5 UNLAWFUL DUMPING OR DEPOSITIING OF MATERIALS:
(A) Bodies of Water: It is unlawful to dump or empty garbage, rubbish, refuse of any kind or the washings form any tank, truck, car or building into any running stream, swamp or pool or stagnant water within the Village limits.
(B) Vacant Lots: The deposition of any garbage, rubbish, combustible material or junk on any vacant lot within the Village limits in unlawful. The dumping or spreading of any garbage, rubbish, combustible material, or junk on any street, or street right of way, parkway or public-owned property is strictly forbidden by law.
25-1-6 VIOLATIONS AND PENALTIES: Any violation of this title will, unless otherwise specified, result in the issuance of a complaint or citation for an ordinance violation by an officer of the Village. Any person violating the provisions of the Code shall be subject to a fine of not less that Twenty-Five Dollars ($25.00), nor greater than Five Hundred Dollars ($500.00), plus all costs of the Village in prosecuting the Ordinance violation including the Village’s attorney’s fees, expenses, and court costs both before and after filing said complaint or citation. A separate offense may be deemed committed on each pursuant to the provisions of this Title, the Circuit Court shall have the power and, in it’s discretion, may issue a temporary restraining order or a temporary injunction, as well as a permanent injunction upon such terms and under such conditions as will do justice and enforce the provisions of this Municipal Code. In addition to the foregoing, the Village shall have such powers to abate nuisances as may be provided by law.
25-1-7 ABATEMENT NOTICE AND PROCEEDING: The Village shall cause the owner who violates subsections 25-1-3, A, B, E, and F, of this Chapter to abate such violation on his property. If any owner fails to abate said violation on his or her properties within ten (10) days of notice by certified mail or personal service, the Village may order the abatement of the violation. The cost thereof shall be charged against the real estate upon which the violation is located and there shall be a lien against the real estate upon which the violation is located. In addition to the filing of a lien upon such real estate, the Village shall have authority to collect the cost by filing a personal collection action against the owner in court.
25-1-8 LIEN. Charges for the cost incurred by the Village for the abatement of a violation form any property pursuant to this Title shall be a lien upon the premises which priority as provided as provided in 65 Illinois Compiled Statutes 5/11-20-13 as hereafter amended. At any time after a bill has been sent to the owner for abatement of the violation, a lien against the real estate enclosed may be filed with the Recorder of the Deeds in the manner provided by Paragraph 1 of 65 Illinois Compiled Statutes 5/11-20-13. The failure of the Village to record such lien claimed or to mail notice of the failure of the owner to receive notice of such lien shall not affect the right to foreclose on the lien for such charges as provided in the subsections 25-1-3, A and B of the Title. For the purposes of this Section, the Village shall be deemed to incur the cost of abatement.
(A) If the abatement is done by Village personnel, the cost of the employee(s) who performs the abatement involves a calculation of the number of hours required to do the abatement by that employee times the hourly wage of said employee plus the cost of benefits of employment per hour; the fair market rental of all pieces of equipment necessary to perform the abatement plus the cost of disposal of all materials removed.
(B) If the abatement is done by private contractor the amount of said contractor invoices the Village for work plus disposal of materials removed.
25-1-9 INSPECTIONS: In order to safeguard the safety, health and welfare of the public, a duly authorized agent of the Village is authorized to access any property at any reasonable time for the purpose of making inspections and performing duties under this Code.
25-1-10 RIGHT OF ENTRY: If any owner, occupant or other person in charge of a structure or premises subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts or obstructs entry and free access to any part of the structure or premises where inspection authorized by this Code is sought, the Village shall seek, in a court of competent jurisdiction, an order that such owner, occupant or other person in charge shall permit an inspection of his or her premises.
It is further ordered that this Ordinance be published in pamphlet form and copies thereof placed in the Office of the Village Clerk of the Village of Kansas, Edgar County, Illinois within ten (10) days after the passage thereof.
Philip Tribby moved for the passage of this Ordinance on August 2, 2000.
Betty Boyer seconded the motion.
Ayes: Trustees, Jim Acord, Ron Baker, Dale Sinclair and Joe Harmon.
Ordinance passed and accepted 08-02-2000.