Chapter 8.08
WEED ABATEMENT PROCEDURES
Sections:
8.08.030 Notice to abate nuisance.
8.08.040 Abatement by village.
For statutory provisions authorizing weed removal at the owner’s expense, see 65 ILCS 5/11-20-6 and 5/11-20-7.
8.08.010 Nuisance declared.
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind found growing in any lot or tract of land in the village are declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such places in violation of this chapter. (Ord. 2014-13 § 3, 2014; Ord. 2012-27 § 2, 2012; Ord. 2007-45 § 1, 2007; Ord. 2007-14 § 1, 2007)
8.08.020 Height restrictions.
It shall be unlawful for any owner or person in control of any real property to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants to grow to a height exceeding six inches within the village. Any such weeds, grass or plants exceeding such height are hereby declared to be a nuisance. (Ord. 2014-13 § 3, 2014; Ord. 2012-27 § 2, 2012; Ord. 2007-14 § 1, 2007)
8.08.030 Notice to abate nuisance.
Notice to abate a violation of this chapter shall be given by the village by posting a sign regarding the violation on the premises of the property in violation. The sign shall be posted in a conspicuous place near the main entrance of the structure. The posted sign shall be at least eight and one-half inches in height and five and one-half inches in width and at the top of thereof in large letters shall state the words, “Notice to Abate.” The text of the notice shall contain a reference to this section, and demand abatement of the nuisance within forty-eight hours. 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 village. (Ord. 2014-13 § 3, 2014; Ord. 2012-27 § 2, 2012; Ord. 2007-14 § 1, 2007)
8.08.040 Abatement by village.
If, after a notice of violation is served, the owner, occupant or person in control of the real estate does not abate the nuisance within forty-eight hours of such notice, the village may undertake the removal and disposal of plant growth in violation of this chapter. The village shall for the purpose of abating the nuisance have the right of entry upon the respective property. The costs incurred by the village for such removal shall be charged to the person or entity owning, leasing, occupying or controlling such real estate. The removal cost shall be the reasonable cost to the village in setting up, maintaining, and operating the required equipment as well as the wages paid to the operators/contractors and overhead paid on the equipment, personnel costs and an administrative cost, in the amount of one hundred twenty-five dollars, which shall be included in the calculation of the costs that shall be charged to and paid by the owner or occupant. The village shall prepare an invoice for the cost and expense of removal and forward said invoice to the owner or occupant with a demand for payment in full within thirty days of the invoice. (Ord. 2014-13 § 3, 2014; Ord. 2012-27 § 2, 2012; Ord. 2007-14 § 1, 2007)
8.08.050 Filing of lien.
In the event payment is not received within thirty days of issuance of an invoice, the village may file a notice of lien in the office of the Cook County recorder of deeds for the charges incurred pursuant to RMC 8.08.040. The notice of lien shall be filed within one year after the removal cost is incurred. If, for any one parcel, the village engaged in any removal activity on more than one occasion during the course of one year, then the village may combine any or all of the costs of each of those activities into a single notice of lien. (Ord. 2014-13 § 3, 2014; Ord. 2012-27 § 2, 2012; Ord. 2007-14 § 1, 2007)
8.08.060 Lien on premises.
A. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof, (2) the amount of the removal cost, and (3) the date or dates when the removal cost was incurred by the village. Notice of the lien claim shall be personally served on, or sent by certified mail to, the person to whom the prior year’s tax bill was sent. The notice to the owner must include: (1) the identification of the property at issue, (2) a summary of the statutory authority authorizing the lien action, i.e., 65 ILCS 5/11-20-7 and 65 ILCS 5/11-20-15, both as amended, (3) summary of this chapter, which implements the statutory authority referenced prior hereto and for which the owner is charged with violating and (4) a description of the removal activity.
B. The lien provided for by this section shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the removal activity and prior to the filing of the notice of lien, or to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of the notice of lien.
C. A lien under this section may be enforced by proceedings to foreclose as in the case of mortgages or mechanics’ liens. An action to foreclose a lien under this section must be commenced within two years after the date of filing the notice of lien.
D. Upon payment of the lien cost by the owner of, or persons interested in, the real estate after the notice of lien has been filed, the village shall release the lien and the release may be recorded in the office of the Cook County recorder of deeds.
E. The village attorney is 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 abatement costs remain unpaid thirty days after they have been rendered. (Ord. 2014-13 § 3, 2014; Ord. 2012-27 § 2, 2012; Ord. 2007-14 § 1, 2007)
8.08.070 Penalties.
Notwithstanding any abatement costs that may be incurred by a person or entity pursuant to this chapter, any person violating any provision of this chapter shall be fined not less than one hundred dollars nor more than seven hundred fifty dollars for each offense. Every day that a violation exists constitutes a separate offense. Proceedings to enforce violations of this chapter may be initiated and conducted in accordance with and pursuant to the provisions of the Riverdale Municipal Code providing for administrative adjudication of code violations or by any other means provided by law.
A. The availability or imposition of any of the foregoing penalties, fines and/or costs shall not limit or preclude any other remedy or remedies by way of revocation, injunction or other relief available to the village, either at law or in equity. (Ord. 2014-13 § 3, 2014)