HomeMy WebLinkAboutOrdinance #1358~ '•
QiDIWANCE N0. 1358
AN ~ I I~IPCE ESTABL i SH 11~ T I TLE 7 , C~iAPTER 1, SECTION 6 aF Tlf C,eWTpV
M1V 1 C 1 PAL ~E ~VC~fdV I NG WEEDS AND TALL GRASSES AS NUISANCES .
W-EF~FAS, the Legal and Ordinance Committee has determined that it
is desirable and in the best interest of the citizens of the City of
Canton to establish Title 7, Chapter 1, Section 6 of the Canton
Municipal Code concerning weeds and tall grasses as nuisances; and,
W-EAEAS, the Canton City Council has made a similar
determination.
NOIIV, l~-F3iEFORE, 8E 1 T ORDIA I ICED BY TF-E CITY OOI~C I L aF Tt-E CITY aF
C~WTaV, Fulton County, Illinois, as follows:
1. That the foregoing recitals are hereby found to be fact.
2. That Title 7, Chapter 1, Section 6 shall read as follows:
"7-1-6: WEEDS AND TALL GRASS AS A NUISANCE
7-1-6-1: DEFINITIONS: Weeds: Alt noxious vegetation and all
grasses, annual plants and vegetation other than trees
or shrubs which exceed a height or length of eight (8) inches,
provided, however, this term shall not include cultivated flowers and
gardens.
7-1-6-2: ENFORCEMENT OF CHAPTER: It shall be the duty of the
Canton Police Department, the City Maintenance
Department, and the Fire Department to enforce the provisions of this
chapter.
7-1-6-3: NOTICE TO ABATE WEEDS AND LITTER FRCM LOTS WITH
OCCUPIED STRUCTURES: Notice to abate a violation
of weeds and litter on lots with occupied structures shall be given by
personal service, by certified mail which is addressed to the
residence or usual place of business of the owner or person in control
of the property, or by posting a sign regarding the violation on the
premises of the property in violation. Personal service may also be
obtained through delivery of the complaint by a city employee or any
person authorized by law to make personal service.
e
The city may give notice to abate a violation by
posting a sign in a conspicuous place near the main entrance of a
structure. The posted sign shall be at least fourteen (14) inches in
height and eight (8) 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 a reference to the provision of the city code
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 Code
Enforcement Officer.
If the notice to abate sent by certified mail is
returned to the City by the United States Post Office because of its
inability to make delivery thereof, the City is authorized to cut the
weeds or remove the litter.
Upon the failure of the owner or persons in control
to comply with a notice to cut weeds or remove litter from lots with
occupied structures within five (5) days from the date of the service
of the notice to abate by personal service, certified mail or posting,
the designated officials shall cut any weeds or remove any litter
located thereon.
7-1-6-4: NOTICE TO ABATE WEEDS AND LITTER ON VACANT LOTS AND
ON LOTS WITH UNOOCUPIED STRUCTURES. The city shall
cause to be published in a newspaper of general circulation within the
city limits once a week for two (2) consecutive weeks during the
spring and sum~raer months of each year a notice informing all owners
and persons in control of any vacant lot or any lot with an unoccupied
structure that the growth of weeds and the existence of litter on any
such lot is contrary to the ordinances of the city. The notice shall
further inform the public that should the weeds ever grow to more than
eight (8) inches in height, or should litter accumulate, the city may
cut the weeds or remove the litter located thereon without further
notice and the owner or person in control shall be liable to the city
for its costs. This notice shall be a display advertisement.
7-1-6-5: LIEN AID PERSONAL JUDC-lvENT. The cost of cutting the
weeds and the removal of litter from private property
shall be recoverable from the owner or person in control of the real
estate and is a lien thereon. The per hour cost of such labor will be
a minimum of $75.00 and any rate greater than $75.00 per hour must be
established by the city council on a yearly basis. The lien shall be
superior to all prior existing liens and encumbrances, except taxes,
provided, however, that within ninety (90) days after completion of
the cutting of the weeds, or the removal and disposal of the litter,
the City Attorney shall file a notice of lien for the cost incurred by
the city in the office of land records of Fulton County. Upon payment
of the cost, the lien shall be released by the City of Canton.
The lien may be enforced by proceedings to foreclose
as in case of mortgages or mechanics' liens. Suit to foreclose this
lien shall be commenced by the City Attorney within three (3) years
after the date of filing of notice of lien.
If the city's costs for cutting weeds, or removal of
the litter are not paid, the city attorney may commence proceedings in
the circuit court seeking a personal judgment from the owner or person
in control of the subject property. The action authorized by this
paragraph shall be in addition to, and without waiver of, any other
remedies.
7-1-6-6: PEN4LTY WVD SETTLEMENT OPTICN. Anyone convicted in
a court of law of a violation of any act prohibited
or declared to be unlawful by this chapter shall be punished by a fine
of not less than fifty dollars ($50.00) and not more than two hundred
dollars ($200.00) for each offense. Each day an offense is committed
shall constitute separate offense.
Individuals who fail to resolve their citations prior
to their court appearance date must appear on that court date to
answer the city's claim for fines and court costs."
2. That all ordinances, or, portions of ordinances in conflict
with this ordinance are hereby rescinded and repealed.
3. That this Ordinance shall be in full force and effect ten
(10) days after its passage by the City Council of the City of Canton,
Fulton County, Illinois, approval by the Mayor thereof, and
publication in pamphlet form as provided by law.
PASSED by the City Council of
Illinois at a regular meeting this
upon a roll call vote as follows:
AYES:
NAYS
ABSENT
ATTEST:
the City of Canton, Fulton County,
21st day of Jay , 1992,
Aldermen May, Chapman, Meade, Bohler, Steck, Sarff, Molleck.
None.
Alderman Coay.
APPff~VED:
onald E. Edwards, Mayor
Z~' ~ ~~ )
N~~
ancy White City Clerk