CHAPTER 93:
Nuisances
Section
General Provisions
93.01 Discharge of offensive matter
93.03 Materials left on streets
93.05 Keeping of offensive animals
93.06 Filth and dead animals; burial of carcasses
93.07 Slaughter houses restricted
93.08 Encroachment; notice to remove
93.09 Garbage, debris and graffiti
93.10 Abatement of nuisance; procedures and notice
Weeds
93.23 Notice to remove; removal by city
93.24 Default lien on property; cost of removal
GENERAL PROVISIONS
93.01 DISCHARGE OF OFFENSIVE MATTER.
Any person who shall place, throw or permit to be discharged, or to flow from or out of any house, building, structure or premises, any filth, foul or offensive matter, or liquid of any kind into or upon any street, sidewalk, alley, public place or upon or into any adjacent lot or ground or shall allow or permit the same to be done by any person connected with the premises under his control, shall be guilty of maintaining a nuisance.
(’81 Code, § 9.01) Penalty, see § 93.99
Cross-reference:
Sewers, see Ch. 51
93.02 OBSTRUCTING DRAINAGE.
Any person who shall throw, place or deposit in any gutter or sewer, or on or along the boundary line of any street, alley, public place or sidewalk, any ashes, dirt, chips, debris, trash, garbage, matter or materials of any kind, that may have a tendency to obstruct the free and natural flow of water in and along any such gutter, or boundary line; or that may result in preventing the free and ready drainage of any such street or alley, from the center portion, towards the boundary line or lines thereof; or that may retard or obstruct the natural drainage of any public place or of any private lot or premises, shall be guilty of maintaining a nuisance.
(’81 Code, § 9.02) Penalty, see § 93.99
Cross-reference:
Sewers, see Ch. 51
93.03 MATERIALS LEFT ON STREETS.
Any person who shall place, unload, pile or deposit any substance or material in or upon any street, alley, sidewalk or public place, and suffer it to remain thereon for a period in excess of one hour shall be guilty of maintaining a nuisance. This section does not apply to anyone who may have previously procured the necessary permission and consent of the city to store or deposit building materials, machinery or supplies in connection with the installation and use thereof in a building or structure in the course of construction or repair.
(’81 Code, § 9.03) (Am. Ord. 2014-5, passed 6-24-14) Penalty, see § 93.99
93.04 STAGNANT WATER.
Any person who shall cause or suffer to be placed or to stand or remain, upon any lot, ground or premises, any stagnant water or other liquid so as to become, or be likely to become foul, putrid or offensive, or detrimental to the health and comfort of persons residing in the vicinity thereof; or any person who may deposit, place, keep or maintain, or suffer or permit to be placed, kept or maintained, in or upon any premises, any putrid or decaying carcass of any animal, or any fowl or reptile, or any offal, filth, garbage or anything prejudicial or injurious, or that may become prejudicial or injurious to the public health, shall be guilty of maintaining a nuisance.
(’81 Code, § 9.04) Penalty, see § 93.99
93.05 KEEPING OF OFFENSIVE ANIMALS.
Any person, within the city or within one-quarter of a mile of the limits thereof, who shall own, keep, maintain, or suffer or permit to be kept and maintained or operated any pen, shed, stable, house, building, structure, yard or enclosure of any kind or character, wherein any pig, cow, horse, mule, ass, goat, sheep, dog, rabbit or other animal, or fowls of any kind, are kept or harbored, which may be offensive or nauseous to any person residing in the vicinity of the same, or to persons passing along any street or alley near thereto, shall be guilty of maintaining a nuisance.
(’81 Code, § 9.05) Penalty, see § 93.99
Cross-reference:
Animals, see Ch. 91
93.06 FILTH AND DEAD ANIMALS; BURIAL OF CARCASSES.
(A) Any person who shall cast, throw or deposit, or cause to be cast, thrown or deposited any dead animal, filth or any offensive substance or liquid of any kind, into any street, alley, sidewalk or other public place within the city shall be guilty of maintaining a nuisance. (’81 Code, § 9.06)
(B) Any person being the owner of or in charge or in possession of any animal, which may have died within the city who shall fail to properly bury the carcass thereof after requested to do so by the Chief of Police or any member of the Police Department, shall be guilty of maintaining a nuisance. (’81 Code, § 9.07)
(C) Any person who shall cast, dump, place, or deposit any animal excrement, manure, offal, filth from privies, or any carrion within the city shall be guilty of creating a nuisance. (’81 Code, § 9.08)
Penalty, see § 93.99
93.07 SLAUGHTER HOUSES RESTRICTED.
Any person who without first having obtained consent and permission of the Mayor and City Council shall butcher or slaughter any cattle, sheep, swine or other animals, or any fowl, or use any building or premises for such purpose shall be guilty of creating a nuisance; or who shall establish any slaughter or packing house, or carry on the business of slaughtering and butchering stock or fowl, or shall conduct any rendering works, without having first obtained consent and permission of the Mayor and City Council, shall be guilty of maintaining a nuisance; or whoever, having obtained such permission to carry on or conduct the business of slaughtering, butchering or rendering, conduct and carry on the same in such manner as to taint the air, so that the same shall become offensive, annoying or unwholesome to persons residing in the neighborhood thereof, or to persons passing along any street or alley thereto, shall be guilty of maintaining a nuisance.
(’81 Code, § 9.09) Penalty, see § 93.99
93.08 ENCROACHMENT; NOTICE TO REMOVE.
The owner of any building, shed, fence or other structure constructed, kept or maintained on or upon any street, alley, sidewalk or other public grounds or property; or the owner, or person possessed of or being in control of any tree, shrub or other plant or flower, so near the property line of any premises, that any branch, limb, or portion thereof, so overhangs any street, alley, sidewalk, or other public property or premises, as to obstruct or interfere with the passage of travel of any person or vehicle, shall in case of any such building, shed, fence or structure, so erected or maintained, after 30 days written notice by the Mayor to remove the same; or in the case of such trees, shrubs or flowers, after 10 days such notice to do so, in either instance failing and neglecting to comply with such notice, and remove and abate the same, shall be guilty of maintaining a nuisance.
(’81 Code, § 9.11) Penalty, see § 93.99
Cross-reference:
Encroachment on streets and sidewalks, see 94.02
93.09 GARBAGE, DEBRIS AND GRAFFITI.
(A) If a person allows garbage, debris, or graffiti to remain upon his private property for over 24 hours, the Lewistown Police Department may issue a notice to remove such garbage, debris, or graffiti within five days. Such notice shall be served either:
(1) Personally upon the owner or his agent; or
(2) By posting such warning upon the front door of said property and sending a copy of such notice by first class mail to the owner.
(B) In the event the owner of such property, after reasonable notice as provided in paragraph (A) above, refuses or neglects to remove such garbage, debris, or graffiti within five days of issuance of a notice, the City of Lewistown may remove such garbage, debris, or graffiti and may collect from such owner the reasonable cost thereof except in the case of graffiti.
(C) In the event that garbage or debris are removed by the City of Lewistown pursuant to paragraph (B) above, the cost of removal of such garbage or debris is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense is incurred the City of Lewistown, or person performing the service by authority of the City of Lewistown, in his or its own name, files notice of lien in the office of the recorder in Fulton County, Illinois. 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. However, the lien of the City of Lewistown shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage and debris and prior to the filing of such notice, and the lien of the City of Lewistown shall not be valid as to any mortgagee, judgement creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the City of Lewistown or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceeding to foreclose as in case of mortgages or mechanic’s liens. An action to foreclose this lien shall be commenced within two years after the date of filing notice of lien.
(Ord. 98-11, passed 8-11-98)
93.10 COST OF REMOVAL.
(A) If a person maintains a nuisance after the required notice to remove it, the Mayor shall cause its removal. The cost and expense thereof may be recovered from the owner or person guilty of maintaining the nuisance in a civil action. If the owner or person maintaining the nuisance is beyond the reach of process of the court attachment proceedings against his property shall be instituted.
(B) Any notice to be served for the abatement of a nuisance shall, if practicable, be personally served upon the person who created or maintains the nuisance. If such person cannot be located with reasonable diligence, the notice may be left with any person of suitable age and discretion in charge of or in possession of the premises involved in the commission or maintenance of the nuisance by informing such person of the contents and purpose of the notice. If the premises are vacant, the notice may be served by securely tacking it to the door of any building thereon or to a board securely fastened in the ground of such premises.
(Ord. 1998-18, passed 12-8-98)
WEEDS
93.20 DEFINITION.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
WEEDS. Rank vegetable growth of over one foot in height; it also includes corn, oats, wheat, barley and similar grain grown within the city.
(’81 Code, § 9.12(a))
93.21 WEEDS DECLARED NUISANCE.
(A) All rank and growing weeds that are over eight inches in height, that exhale unpleasant or noxious odors, conceal filthy deposits, are breeding places for mosquitoes, flies, or other insects, or because of the uncleanliness and sanitation connected therewith are a menace to public health, are hereby declared a nuisance and shall be disposed of as set forth in this chapter. (’81 Code, § 9.12(b))
(B) All dry grass, weeds or other similar dangerous combustible material remaining deposited or lying upon any property or premises within the city is hereby declared a nuisance and shall be disposed of as herein set forth. (’81 Code, § 9.12(c)) (Am. Ord. 2020-2, passed 6-23-20) Penalty, see § 93.99
93.22 DUTY OF OWNER.
Any person who may permit, suffer or allow rank or growing weeds, grass or other growth over eight inches in height, or any other combustible material to be or remain upon his premises, premises occupied or controlled by him, or under his supervision or care, to become a menace to public health or create a nuisance shall be deemed guilty of a maintaining a nuisance and subject to the penalties set forth in § 93.99.
(’81 Code, § 9.12(d)) (Am. Ord. 2015-4, passed 6-23-15)
93.23 NOTICE TO REMOVE; REMOVAL BY CITY.
(A) When the owner of a property neglects or refuses to cut weeds, grass or other growth upon his premises in accordance with § 93.22, the City of Lewistown shall, by personal service, certified mail or by posting a sign regarding the violation upon the premises in accordance with the provisions of division (A)(1) of this section cause said person to be notified of the violation, in writing, and give said person a period of five days from the date of delivery of the notice to bring said premises into compliance with § 93.22. Upon expiration of the five-day period following the delivery of the notice, the City of Lewistown may enter upon the premises and cause the removal of the nuisance. For purposes of this section, notice shall be deemed to be delivered when served personally upon the owner, a member of his household, when mailed via certified mail with the United States Postal Service, or when posted in accordance with the following requirements:
(1) The City of Lewistown may give notice to abate a violation by posting a sign in a conspicuous place near the main entrance of a structure. If the property is vacant and no structures exist thereon, the sign may be posted on a post or stake, securely fastened with the top of such notice not less than 36 inches above grade. The sign shall be at least 11 inches in height and eight inches in width and at the top thereof in large letters shall state the words “Notice to Abate.” The text of the notice shall contain reference to the provision of this code which has been violated and may contain such other information respecting the nature of the violation as is deemed advisable. It shall be unlawful for anyone to deface, tamper with or remove the “Notice to Abate” sign from the property where it is posted unless authorized by the City of Lewistown.
(B) The notice in division (A) of this section shall serve to put the owner of the premises on notice for the remainder of the calendar year that his premises must be kept in compliance with § 93.22 at all times or the City of Lewistown shall re-enter the premises without further notice and cause the removal of the nuisance at the cost of the owner as often as it exists pursuant to § 93.22.
(C) The City of Lewistown shall cause to be published in a newspaper of general circulation once per week for two consecutive weeks during the spring and summer months of each year a notice informing all owners and persons in control of any vacant lot or lot with any unoccupied structure that the growth of weeds in excess of eight inches in height on any such lot is a nuisance and contrary to the ordinances of the City of Lewistown. The notice shall further inform the public that the city may abate such nuisance located upon such lots without further notice and the owner or person in control of the lot(s) shall be liable to the City of Lewistown for its costs in accordance with § 93.24. This notice shall be a display advertisement.
(D) Nothing in this section shall be construed to limit the ability of the Police Department of the City of Lewistown from issuing a per diem citation to the owner of the premises for each day the premises is in violation of § 93.22. Said per diem violation and resulting penalty would be separate from, and in addition to, the costs of removal of the nuisance.
(Am. Ord. 2002-5, passed 7-9-02; Am. Ord. 2012-14, passed 11-27-12; Am. Ord. 2015-4, passed 6-23-15)
93.24 DEFAULT LIEN ON PROPERTY; COST OF REMOVAL.
(A) When the City of Lewistown, after notice has been given in accordance with § 93.23(A), shall enter upon a premises and cause the removal of the nuisance, a statement setting forth the reasonable cost of the removal of the nuisance shall be sent, in writing, to the owner of the premises. The owner of the premises shall have a period of 30 days from the date of the statement to repay said costs to the City of Lewistown. If the owner of the premises fails to repay the full amount due on the statement to the City of Lewistown within that time, a lien against the premises shall be filed in the office of the Recorder of Fulton County in accordance with § 11-20-15 of the Illinois Municipal Code (65 ILCS 5/11-20-15).
(B) The cost of the removal of the nuisance shall not be less than $100 or more than $750 per occurrence, and shall consist of the wages, equipment costs, fuel and any materials required for removing the nuisance from the premises.
(Ord. 2012-14, passed 11-27-12)
93.99 PENALTY.
Every person who maintains a nuisance as set forth in this chapter after five days’ notice in writing from the Chief of Police or any member of the Police Department to abate the nuisance shall, upon neglect and failure to comply with the notice, be subject to a fine of not less than $25 nor more than $750. Each day of violation shall constitute a separate offense.
(’81 Code, § 9.14) (Am. Ord. 2012-14, passed 11-27-12)