Chapter 15.110
PUBLIC NUISANCES
Sections:
15.110.030 Enumerated violations.
15.110.040 Recreational vehicle habitation and maintenance.
15.110.050 Placing on property vehicles, boats and trailers which are for sale.
15.110.060 Other enumerated violations.
15.110.070 Regulations not exclusive as to subject matter.
15.110.080 Commencement of action – Citation – Contents.
15.110.090 Appearance or payment by mail.
15.110.110 Civil fines and penalties imposed.
15.110.120 Rules of procedure and appeal.
15.110.130 Each day separate violation.
15.110.140 Unenumerated violations.
15.110.150 Nuisance abatement and injunction.
15.110.160 Notice to abate or enjoin.
15.110.170 Abatement by village upon failure of owner.
15.110.180 Emergency abatement by village.
15.110.190 Abatement by village – Expense statement.
15.110.200 Assessment of village abatement costs.
15.110.210 Fines – Continued violations.
15.110.220 Village’s costs declared lien – Collection as taxes.
15.110.010 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Animal” means any types of animals, both domesticated and wild, male, female or neutered, singular and plural.
“Campgrounds” means where overnight, weekly or monthly occupation of land by mobile homes or recreational vehicles or tents may be made.
“Deteriorated” or “deterioration” means a lowering in quality of the condition or appearance of a building, structure or premises, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or any other evidence of physical decay, neglect, damage or lack of maintenance.
“Director” means the director of building and zoning or his or her designee.
“Dumping ground” means any area that is used for the storing, leaving, or abandoning of refuse, garbage, waste, earth, rock or debris, including construction, agricultural, landscape, residential, commercial and industrial solid waste.
“Improved area” means an area having a surface of asphalt, concrete, crushed rock, gravel, or masonry, maintained free of all vegetation and contained within a permanent curb or border, constructed of asphalt, concrete, masonry, metal, wood or other approved permanent material secured to or embedded in the ground, delineating the improved area from the remainder of the yard area.
“Inoperable vehicle” means a vehicle which, for a period of at least seven consecutive days, the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power. However, nothing in this definition shall apply to any motor vehicle that is kept within a building when not in use or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles. “Inoperable motor vehicle” shall not include a motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
“Junkyard” means a place used for the storage, keeping or abandonment of junk, stripped, substantially damaged, discarded or dismantled vehicles or machinery, or parts thereof, scrap metals, rags or other scrap materials; including places used for the wrecking, disassembling, repair or rebuilding of vehicles or machinery of any kind. The term “junk” as used in this definition does not include ongoing restoration projects.
“Mobile home” means a structure designed for permanent habitation, and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be a permanent home or for office purposes, mounted upon wheels, or any other device upon which it may readily be transported, and designed to permit the occupancy thereof as a dwelling place for one or more persons. Even if the structure rests on a permanent foundation, with wheels, tongue, hitch and axle or lug bolts permanently removed, it shall be construed as a mobile home. A mobile home may be with or without mechanical power.
“Mobile home park” means any plot of ground where mobile homes are invited or allowed to be located regardless of whether or not any charge is made for the use of such plot of ground.
“Ongoing restoration project” means a project involving a single vehicle or machinery that is kept in a clean and neat condition during the term of active repair and rebuilding.
“Parking lot” means any plot of ground used for temporary storage of automobiles.
“Person” includes a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
“Public nuisance” means a thing, act, occupation, condition or use of property which shall continue for such length of time as to substantially annoy, injure or endanger the comfort, health, repose or safety of the public; in any way render the public insecure in life or in the use of property; greatly offend the public morals or decency; unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way. This definition is in addition to, and not a limitation upon, the definition of public nuisance as provided by common law, statutory law and lawful municipal declaration of public nuisance.
“Recreational vehicle” means any unit designed primarily for living or sleeping purposes, equipped with wheels, or placed upon a wheeled device for the purpose of transporting from place to place. This term shall include, but not be limited to, camping trailers, campers, mobile homes, tent trailers, motor coaches, tent campers, and shall also include those wheeled devices upon which they are placed.
“Roof panel” means a distinct plane of the roof of a building.
“Slum-like” means a building, structure or premises characterized by deterioration or other similar conditions regardless of the condition of other properties in the neighborhood.
“Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in the village which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the state.
“Tourist camp” means any plot of ground where cabins are constructed and tourists are invited or allowed to be located regardless of whether or not any charge is made for the use of the same.
“Towing unit” means any vehicle furnishing tractive effort for a mobile home.
“Vehicle” means a machine propelled by power other than human power designed to travel along the ground, water or air to transport persons, property or machinery, and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, boat, aircraft, all-terrain vehicles, go-karts, motocross cycles, sand rails, snowmobiles, and dune buggies. (Ord. 2012-47 § 8, 2012; Ord. 2007-12 § 7, 2007; Ord. 2005-06, 2005)
15.110.020 Purpose – Scope.
The purpose of this chapter is to promote the health, safety, and welfare of Riverdale and its residents, and to protect neighborhoods against physical, visual and economic deterioration. To that end, the village intends by this chapter to prohibit nuisances that:
A. Contribute to or cause injury or endangerment to the health, safety or welfare of others;
B. Are contrary to community standards of decency;
C. Are offensive to the senses;
D. Unlawfully interfere with, obstruct or tend to obstruct or render dangerous the free passage or use, in the customary manner, of any stream, public park, parkway, square, sidewalk, thoroughfare, street or highway in the village;
E. Obstruct the free use of property so as to essentially interfere with the comfortable enjoyment of life and property by the public; or
F. Damage or contribute to the deterioration of property or improvements in the community. (Ord. 2005-06, 2005)
15.110.030 Enumerated violations.
A. It shall be unlawful, and a violation of this code, for any person, whether as owner, lessee, tenant, occupant or otherwise, to commit or maintain a nuisance or willfully omit to perform any legal duty relating to the removal of a nuisance.
B. A nuisance includes any one or more of the following conditions:
1. Filthy, littered, debris- or trash-covered exterior areas, including exterior areas under any roof not enclosed by the walls, doors or windows of any building; including, but not limited to, areas that contain items such as cans, bottles, wood, metal, plastic, rags, boxes, paper, tires, auto parts; unused, inoperable, worn out or discarded appliances or other household items; lumber, scrap iron, tin and other metal not neatly piled, building material or anything whatsoever that is or may become a hazard to public health and safety, or that may harbor insect, rodent, or vermin infestation. This subsection shall not be deemed to include items kept in covered bins or metal receptacles approved by the county health department or this code or any other ordinance of the village;
2. Exterior areas used or maintained as junkyards or dumping grounds, except any automobile wrecking yard or other junkyard where the same are permitted by the village zoning regulations and are operating in conformity with all applicable regulations;
3. Any inoperable or unregistered vehicle, or parts thereof, outside of or under a roof area not enclosed by walls, doors or windows of any building on any lot, except the safe and neat keeping of:
a. Substantially complete inoperable or unregistered vehicles with inflated tires under the roof area of any enclosed building;
b. A vehicle undergoing repair, titled to the owner or resident of the property; provided, that the repair is complete within twenty-one days after the repair was begun; provided, that not more than two such twenty-one-day repairs will be permitted in any twelve-month period;
c. Not more than two ongoing restoration projects of inoperable or unregistered vehicles in a backyard area, screened from view at ground level by a substantially opaque fence at a minimum height of five feet or the height of the vehicles, whichever is more; provided, that any fence constructed or modified pursuant to this subsection must meet any and all other requirements of the village code and zoning ordinance;
d. Lawful commercial activities involving vehicles as allowed by the zoning ordinance and operating in conformity therewith; or
e. Operable, off-road vehicles, under the roof area of any enclosed building, or in a backyard area, screened by a substantially opaque fence at a minimum height of five feet or the height of the vehicles, whichever is more; provided, that any fence constructed or modified pursuant to this subsection must meet any and all other requirements of the village code and zoning ordinance. The director shall notify the property owner and/or owner of any inoperable or abandoned motor vehicle in writing that such vehicle has been determined to be a public nuisance and must be removed and/or disposed of within seven days after receipt of such notice. In the event such vehicle is not removed or disposed of within such time, the director is authorized hereby to obtain a court order to remove or to cause the removal of such vehicle or parts thereof and the owner shall be responsible for any costs incurred in connection therewith. Nothing in this section shall prohibit the owner of the vehicle from authorizing the village to remove the vehicle;
4. To leave or permit to remain outside of any single-family or multifamily dwelling or accessory building any camper, vehicle, or part thereof in any portion of the front or side area of the building visible from the street that is not on an improved surface. As used herein the term “improved surface” shall mean a surface ground condition which is constructed of gravel, pavers, concrete or asphalt;
5. The storing or leaving of any machinery or equipment designed for or used by contractors or builders for commercial purposes, except where permitted by the village building and zoning regulations;
6. Excessive animal waste that is not securely protected from insects and the elements, or that is kept or handled in violation of this code or any other ordinance of the village or the county;
7. Any object, building or vehicle that interferes with, obstructs, tends to obstruct, or renders dangerous the free passage, use or vision in the customary manner of any sidewalk, thoroughfare, street, or highway in the village;
8. Repealed by Ord. 2014-17;
9. Any dangerous, deteriorated, abandoned, partially destroyed or unfinished building, addition, appendage or other structure, or any building in violation of the uniform building code as adopted by the village, and any vacated or abandoned building not securely closed at all times; any wood, metal or other material used for securing a vacated or abandoned building must be made compatible with the color of the building within thirty days of installation. For any person, or persons, to keep, operate, maintain, or to permit to remain upon any premises owned, used, leased, occupied or controlled by him, her, it or them, any dangerous building or other structure as hereinafter defined. A “dangerous building” is hereby defined for the purposes of this section to be any building or structure which shall have any one or more of the following characteristics or defects:
a. Those in which interior walls or vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
b. Those which, exclusive of the foundation, show thirty-three percent or more of damage or deterioration of the supporting member or members or fifty percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
c. Those which have improperly distributed loads upon the floors or roofs or on which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
d. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the village public.
e. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to healthful living that they are unfit for human habitation, or are likely to cause sickness or disease so as to risk injury to health, safety or general welfare of those living therein or of persons entering such structures.
f. Those having light, ventilation and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who occupy or may occupy such structures.
g. Those having inadequate facilities for egress in case of fire, panic or other circumstances requiring emergency egress, or those having insufficient stairways, elevators or fire escapes, as provided by the building code of the village now and hereinafter in effect.
h. Those which are subject to risk of collapse or fall or parts of which are so attached that a part may fall and cause injury to persons or property.
i. Those which because of their condition are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this village.
j. Those buildings constructed, reconstructed or altered in violation of any provision of the building, mechanical, plumbing or electrical code or any other ordinance of this village;
10. Any putrid, unsound or unwholesome bones, meat, hides, skins or the whole or any part of any dead animal, butcher’s trimmings and offal, or any waste vegetable or animal matter in any quantity, garbage, human excreta, sewage or other offensive substances; provided, that nothing contained in this subsection shall prevent the temporary retention of waste in receptacles in the manner approved by the health officer of the county or this code or any other ordinance of the village;
11. The erection, continuance or use of any building, room or other place in the village that, by noxious exhalations, including but not limited to smoke, soot, dust, fumes, asbestos, asbestos-containing materials, hazardous substances or other air pollutants, offensive odors or other annoyances, is discomforting or offensive or detrimental to the health of individuals or of the public;
12. Any unguarded or abandoned excavation, pit, well or hole that constitutes a threat to public health, safety or welfare; or any well, cellar, pit or other excavation of more than two feet in depth, on any unenclosed lot, without adequate curbing or covering which will provide protection from falling into such unguarded or abandoned excavation, pit, well or hole;
13. Abandoned, used or unused, discarded or stored icebox, refrigerator, freezer, appliance or other containers having a door with a latch or lock that can not be opened from the inside or any structure or building of any nature that is not regularly occupied or is abandoned and in such a physical condition that any person or child could enter and may not reasonably be expected to remove themselves therefrom or it may reasonably be expected that such person or child could be injured thereon;
14. Any wall or fence that is missing blocks, boards or other material, or is otherwise deteriorated so as to constitute a hazard to persons or property;
15. Any swimming pool areas that are not enclosed as required by the village zoning ordinance; or any swimming pool, architectural pool or spa that creates a health hazard, harbors insect and/or vegetation infestation or presents such a deteriorated appearance that it adversely affects the property values of surrounding properties;
16. Making, causing or permitting to be made any noise, vibration, or artificial illumination of such intensity as to interfere substantially and unnecessarily with the use and enjoyment of public or private property by the public, or as to constitute a hazard or threat to the public health, safety or welfare of the people of the village;
17. Willfully or negligently permitting or causing the escape or flow of water into the public right-of-way in such quantity, which, in the reasonable engineering opinion of the village engineer, may or does cause flooding or ice hazards, may or does impede vehicular or pedestrian traffic, may or does create a hazardous condition for such traffic, may or does cause damage to the public streets or alleys of the village through the failure or neglect to design, operate or maintain properly any water facility or device, including, but not limited to, swimming pools, architectural pools, spas, sprinklers, hoses, pipes, ditches, standpipes, berms, valves or gates;
18. The keeping or harboring of any dog or other animal that by frequent or habitual howling, yelping, barking, crowing or the making of other noises, annoys or disturbs a neighborhood or any number of persons;
19. To pollute or render unwholesome or impure the water of any spring, stream, groundwater, well or pond, or to drain onto or cause water, pollutants or sewage to flow over or onto the land or premises of another, or public grounds, other than through a regular water course or sewer constructed in the manner provided by the regulations or ordinances adopted by the village;
20. The disposal, dumping or placing of grass or lawn clippings, leaves, shrub and tree pruning or debris and other yard waste or debris on neighboring or adjacent property owned by another without the consent or permission of such neighboring or adjacent property owner;
21. All stagnant water in which mosquitoes, flies or other insects can multiply;
22. Garbage cans and/or dumpsters which are not covered;
23. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse, gambling or the unlawful use or unlawful sale of controlled substances;
24. All gambling devices and slot machines which are held, stored or used in violation of the state of Illinois’ gaming laws, excluding the state lottery;
25. All use or display of fireworks except as permitted by the laws of the state of Illinois and ordinances of the village;
26. All wires over streets, alleys or public grounds that are strung less than fifteen feet above the surface of the street or ground;
27. Any offense defined and prohibited by Act 5 of the Illinois Criminal Code of 2012, 720 ILCS 1-1 et seq.;
28. Any offense defined and prohibited by the Cannabis Control Act, 720 ILCS 550/1 et seq.;
29. Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.; or any offense defined and prohibited by the Methamphetamine Control and Community Protection Act, 720 ILCS 646/1 et seq.;
30. Any offense defined and prohibited by Section 6-16 (prohibited sales and possession) or Section 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the Liquor Control Act of 1934, 235 ILCS 5/6-16 and 5/6-20;
31. Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1 et seq.; or
32. Failure to pay property taxes and other fees owed the village.
C. Nothing in subsections (B)(1) through (9) and (B)(13) of this section shall be deemed to apply to safe and neat outdoor accessory storage, use or repair of items customarily associated with the lawful use of such property in the village, screened by a substantially opaque fence at a minimum height of five feet or the height of the storage, use or repair, whichever is more; provided, that any fence constructed or modified pursuant to this subsection must meet any and all other requirements of the village code. (Ord. 2019-19 § 6, 2019; Ord. 2014-17 §§ 4, 5, 2014; Ord. 2005-06, 2005)
15.110.040 Recreational vehicle habitation and maintenance.
A. Habitation and Maintenance.
1. Except as to the occasional or temporary visitor, guest or recreational use, the living or residing in any motor home, tent, trailer, camper or other vehicle that is not a permanent residential structure or housing unit anywhere within the village, except in designated and approved camping or trailer parks with necessary water, sanitary facilities and electrical connections. For purposes of this section, the “occasional or temporary visitor” shall mean a nonresident family member or guest who has an established residence elsewhere who is visiting for not more than thirty days in a twelve-month period; provided, if the visitor intends a longer than thirty-day visit, the owner and visitor may apply for one thirty-day extension with the building and zoning department, and the one thirty-day extension may be granted where the visitor satisfactorily demonstrates that the motor home, tent, trailer, camper or other vehicle is not being used as a permanent residence.
2. A mobile home may be parked or stored in the village regardless of the other provisions of this section so long as it is not used for living or sleeping purposes during such time it is so stored or parked, and provided moreover that it shall not be a nuisance and does not constitute a fire hazard.
3. It shall be the duty of the director or his or her designee to enforce the provisions of this section. (Ord. 2005-06, 2005)
15.110.050 Placing on property vehicles, boats and trailers which are for sale.
A. It is the purpose of this section to eliminate and minimize the risk to vehicles and pedestrian traffic and to the public in general where vehicles, boats, trailers or other recreational vehicles or equipment are placed on private or public property along the streets and arterials for sale.
B. The following is determined to be a nuisance: the placing or parking along street and road rights-of-way or in direct and plain view thereof of any vehicle, licensed or unlicensed, boat, trailer, motor home, mobilized equipment or machinery, recreational vehicle and equipment placed or parked on property that is owned by someone other than the owner of the vehicle, licensed or unlicensed, boat, trailer, motor home, mobilized equipment or machinery, recreational vehicle and equipment for the purpose of selling the same. The placing or parking of any vehicle, licensed or unlicensed, boat, trailer, motor home, mobilized equipment or machinery, recreational vehicle and equipment on property owned by another includes business and commercial property so long as the business is not lawfully engaged in selling the particular vehicle, licensed or unlicensed, boat, trailer, motor home, mobilized equipment or machinery, recreational vehicle and equipment. (Ord. 2005-06, 2005)
15.110.060 Other enumerated violations.
It shall be unlawful and a violation of this code for any person to erect, maintain, use, place, deposit, cause, allow, leave or permit to remain on any of the below-described premises any of the following:
A. In a residential district, any vehicle or trailer that was designed or is used for any commercial purpose, of more than one-ton capacity or in excess of twenty-one feet in length; or two or more commercial vehicles, regardless of size;
B. For any single-family or multifamily dwelling or accessory building:
1. Any wood surfaces unprotected from the elements by paint or other protective treatment, except those naturally resistant to decay;
2. Chipping or peeling paint in excess of twenty-five percent of any surface area visible from public property;
3. Broken, rotted, split, curled or missing roofing material of at least twenty-five square feet and in excess of twenty-five percent of any roof panel; or
4. Replacement materials and paint used to repair or repaint exterior surfaces of a building unless they shall be visually compatible with the remainder of the materials and paint on the exterior of the structure.
C. Outside of any dwelling or building, any required address numbers which are not mounted in a permanent and stationary manner, or are obstructed from view from the street or other public access areas by trees, shrubs, or anything that would tend to hide or obscure the numbers, or are not visible at all times from public access areas to the dwelling or building. (Ord. 2005-06, 2005)
15.110.070 Regulations not exclusive as to subject matter.
The findings, regulations and declarations of this chapter are in addition to, and not a limitation upon, all other applicable codes, regulations, ordinances and statutes now or hereafter in effect within the village. Where there is a conflict between a provision of this chapter and a provision of any other code, regulation, ordinance or statute now or hereafter in effect within the village, then the most restrictive and appropriate provision shall apply and enforcement thereof may be sought accordingly. (Ord. 2005-06, 2005)
15.110.080 Commencement of action – Citation – Contents.
A. The director is assigned the primary responsibility of enforcing this chapter and is granted the authority expressly and implicitly needed and necessary for enforcement.
B. Nothing in this section shall preclude employees of the building and zoning department from seeking voluntary compliance with the provisions of this chapter or from enforcing this chapter, proactively or reactively, through warnings, notices to comply, or other such devices designed to achieve compliance in the most efficient and effective manner under the circumstances. Any person who neglects, fails or refuses to correct the violations contained within a notice to comply or other similar device issued pursuant to this chapter may be assessed a reinspection fee for inspections which occur after the compliance date. The fee for these reinspections shall be set by resolution of the village board. Failure to pay reinspection fees within fourteen days of assessment is a violation of this section. Delinquent reinspection fees shall be a lien against the real property where the violation occurred. Liens shall be filed in the office of the recorder of deeds in a form which describes the real property and the reason for the lien. The village clerk shall develop a recordable lien form for the purposes of this section.
C. Except as otherwise prohibited in this section, the director is authorized to commence a civil action under this chapter by issuing a citation to the occupant of the property where the violation has occurred, the owner of record, or any person responsible for the violation.
D. The citation form will be established by the director and shall direct the defendant to appear in local adjudication or, to settle the matter, pay the charges and expenses as required by this section within fourteen days after issuance of the citation. The form shall contain a schedule of fines and penalties that are imposed by this chapter and approved by resolution of the village board.
E. The citation shall be served by delivery of a copy to the defendant by any of the following means:
1. By service upon the defendant by the director or his or her designee;
2. By first class mail, postage prepaid, addressed to the defendant at the last known address. Service by mail is deemed complete upon deposit in the U.S. mail;
3. By posting the citation on the property where the violation has occurred; or
4. By any of the methods for service of court process described in the Illinois Code of Civil Procedure.
F. The citation shall contain the date and location of the violation, reference to the Riverdale Municipal Code provision or ordinance violated, and notice that within fourteen days from the date on which the citation was issued, the fine for the violation must be paid to and received by the village or to appear in local adjudication.
G. The citation shall state that if the defendant fails to appear in court at the time specified, or pay the fine for the violation, judgment by default will be entered in the amount of the fine designated on the citation for the violation charged.
H. The citation and its service upon the violator shall comply in all respects with applicable court rules for ordinance violation citations. (Ord. 2005-06, 2005)
15.110.090 Appearance or payment by mail.
A. The defendant shall, at the time specified on the citation, appear in the designated court in person or through his, her or its attorney and enter his, her or its plea according to the rules of court. The court proceedings shall thereafter be pursuant to the rules of court.
B. The defendant may admit the allegations in the citation and pay the fine indicated by timely mailing the citation to the Village Hall, together with payment for the amount of the fine and, if paid by check, made payable to the village.
C. Appearance by mail will be deemed complete by the postmarked date on the mailing provided the rules of court pertaining to appearance for trial on the citation are followed. (Ord. 2005-06, 2005)
15.110.100 Default judgment.
If the defendant fails to appear as directed on the citation, the court, upon request of the village prosecutor or director, may enter a default judgment for the amount of the fine indicated for the violation charged, or such higher fine as the prosecutor may request. Nothing herein shall be construed to prevent the prosecutor from requesting that the court enter such other or further relief as may be lawfully available. If a defendant fails to appear at a hearing, the court may enter judgment against the nonappearing defendant for the amount of the appropriate fine. (Ord. 2005-06, 2005)
15.110.110 Civil fines and penalties imposed.
A. Any person found to have violated any provision of this chapter shall be assessed a civil fine in an amount not less than two hundred fifty dollars and not more than seven hundred fifty dollars for each day of such violation.
B. In the event the violator fails or refuses to appear in court on the day assigned, and a default judgment is to be entered, the prosecutor shall request such additional fines and further relief as may be appropriate under the circumstances.
C. The court may enter judgment for delinquent fines, fees, reinspection fees, and penalties as may be provided by law. In addition, any judgment for an amount certain imposed pursuant to this code shall constitute a lien against the real property of the owner of the property where the violation occurred. The lien may be perfected by recording a duly executed memorandum of judgment with the office of the Cook County recorder of deeds. Any judgment for civil penalty pursuant to this code may be collected as any other civil judgment. (Ord. 2005-06, 2005)
15.110.120 Rules of procedure and appeal.
The Illinois Code of Civil Procedure and Supreme Court Rules in ordinance violation cases shall be followed for citations or complaints issued pursuant to this chapter. (Ord. 2005-06, 2005)
15.110.130 Each day separate violation.
Each day that a violation of a provision of this chapter continues to be violated shall constitute a separate violation. (Ord. 2005-06, 2005)
15.110.140 Unenumerated violations.
Notwithstanding any other provisions of this chapter, a person who commits a nuisance or willfully omits to perform any legal duty relating to the removal of a nuisance not specifically described herein, but otherwise provided for within the scope of authority to regulate nuisances as granted to the village by state law, shall nonetheless be in violation of this chapter, provided the following conditions are satisfied:
A. The violation must pose a present hazard to public health, safety or welfare;
B. The director or his or her designee must submit a report of the violation to the village attorney for review. The report shall contain a detailed description of the violation and explain why the violation does not come within the provisions of this chapter; and
C. The village attorney shall seek enforcement against, and/or abatement of the violation pursuant to the enforcement and/or abatement provisions of this chapter. Provided, however, before any civil action is commenced under this section, the village attorney shall obtain direction from the village administrator to take such action. (Ord. 2005-06, 2005)
15.110.150 Nuisance abatement and injunction.
In addition to or in lieu of filing a civil citation or criminal complaint, the director or his or her designee may declare any property an abatable public nuisance, and file a notice to abate, seek appointment of a receiver or obtain injunctive relief against such nuisance. An abatable public nuisance consists of, but is not limited to, any of the violations described in RMC 15.110.030 and 15.110.060. (Ord. 2019-19 § 7, 2019; Ord. 2005-06, 2005)
15.110.160 Notice to abate or enjoin.
A. The notice to abate or enjoin shall be delivered in person or sent by certified mail, return receipt requested, from the director or his or her designee to the person, manager, agent or employee, owner, occupant or lessee of the property to be abated, at his or her last known address or the address to which the tax bill for the property was last mailed. The notice shall contain the address or property identification number identifying the location of the violation, a statement of the violation, a statement that the person, manager, agent or employee, owner or lessee of the property has thirty days to abate or correct the violation, and the cost of such removal to the village if the violation is not abated within thirty days.
B. The director may record the notice in the office of the county recorder. If the notice is recorded and compliance with the notice is subsequently satisfied, the director shall record a release of the notice. If the person, manager, agent or employee, owner, occupant or lessee of the property containing the nuisance to be abated cannot be located, such notice of abatement shall be posted upon the buildings, lots or grounds to be abated and shall be clearly legible and in a conspicuous place and shall be published at least two times in a newspaper of general circulation throughout the village, such publications to occur at least seven days apart.
C. The effective date of the notice of abatement shall be the date received if delivered in person, or sent by certified mail, or the date the property is posted or the date of first publication if the alternate method of service is used. Should multiple methods of issuing the notice to abate be utilized, the first method completed shall be sufficient to comply with the provisions of this subsection. (Ord. 2005-06, 2005)
15.110.170 Abatement by village upon failure of owner.
Upon the failure to abate by the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter, the director or his or her designee shall proceed to abate such nuisance and shall prepare a statement of costs incurred or to be incurred in the abatement thereof. (Ord. 2005-06, 2005)
15.110.180 Emergency abatement by village.
When, in the opinion of the director or his or her designee, there is actual and immediate danger to the public or occupants of a particular premises caused by a nuisance on such premises, the director or his or her designee is hereby authorized and empowered, without any notice or hearing, to order and require such premises to be vacated. The director or his or her designee shall immediately post the premises, warning of the dangerous condition, and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof. (Ord. 2005-06, 2005)
15.110.190 Abatement by village – Expense statement.
A. When any person, owner, operator, or occupant or lessee of any building, grounds or premises within the village, neglects, fails or refuses to abate such public nuisance for more than thirty days from the effective date of the notice to abate, the village board may authorize the director to abate such public nuisance at the expense of such person, owner, occupant or lessee. All persons, regardless of their legal relationship to the property on which a nuisance exists, who have caused, suffered, allowed, permitted or maintained a nuisance shall be jointly and severally liable for all fines, penalties, fees and costs associated with the abatement of the nuisance.
B. The director or his or her authorized representative, when so directed by the village board to abate such public nuisance, shall prepare a verified statement and account of all the expenses incurred by the village or occasioned by or incidental to such abatement and file such verified statement and account with the director or his or her designee of the village. The verified statement shall include an administration charge as set by the village board by motion or resolution with the cost of recording liens and releases thereof. The administration charge and cost of recording liens and releases shall be collected whether or not the village abates the public nuisance. (Ord. 2005-06, 2005)
15.110.200 Assessment of village abatement costs.
A. After the filing of the verified statement and account as set forth in RMC 15.110.190, the director shall prepare duplicate copies of a notice of lien and record one copy with the office of the county recorder, and within ten days thereafter serve by certified mail the remaining copy of such notice of lien upon the person, owner, operator or occupant of the buildings, grounds or premises.
B. If the owner, operator or occupant of the property to be liened cannot be located, a copy of the notice of lien shall be posted upon the buildings, lots or grounds affected thereby and be clearly legible and in a conspicuous place and shall be the date received if sent by certified mail. From and after the date of recording such notice of lien with the county recorder, all expenses incurred in connection with or incidental to such abatement and as fixed and determined by such verified statement and account are hereby declared as a lien upon such buildings, grounds and premises and shall be charged and assessed upon and against such buildings, grounds and premises and village may be collected in any manner allowed by law, including, but not limited to, collection procedures under village improvement district assessments.
C. The recorded lien shall bear interest at the legal rate for judgments in the state of Illinois from the date that the lien is recorded until it is paid in full. (Ord. 2005-06, 2005)
15.110.210 Fines – Continued violations.
A. Violations of any provision within this chapter shall be punished by a civil fine in an amount not less than two hundred fifty dollars and not more than seven hundred fifty dollars for each day of such violation, notwithstanding any other remedy provided in this chapter.
B. Each day that a violation continues to exist shall be deemed a separate violation. (Ord. 2005-06, 2005)
15.110.220 Village’s costs declared lien – Collection as taxes.
A. Any and all costs incurred by the village in the abatement of a nuisance under the provisions of this chapter, or any fines levied hereunder, shall constitute a lien against the property upon which such nuisance existed, and a notice of lien shall be recorded with the office of the Cook County recorder of deeds pursuant to and in a form and content consistent with the provisions of this chapter.
B. The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such lien by first class mail at the address shown on the records. Such remedy on behalf of the village shall not be exclusive, and all other remedies at law or in equity shall be concurrently available to the village for enforcement of such lien or recovery of the expenses incurred. (Ord. 2005-06, 2005)