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HomeMy WebLinkAboutOrdinance #1144ORDINANCE NO. 1144 AN ORDINANCE PROVIDING FOR THE DEFINITION, ABATEMENT, AND PUNISHMENT OF NUISANCES IN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. WHEREAS, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton that the definition, abatement, and punishment of "nuisances" read as follows; and, WHEREAS, the Canton City Council has made a similar deter- mination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That Title 7, Chapter 1, Section 24 of the Canton Municipal Code is hereby amended to read as follows: "NUISANCES 7-1-24: DEFINITION - PROHIBITION. The following acts, conduct and conditions are hereby declared and defined to be nuisances, and when committed, performed or permitted to exist by any individual, firm, association or corporation within the territorial limits of the City, are hereby declared to be unlawful and prohibited: A. Any act or offense which is a nuisance according to the Common Law of the State of Illinois, or declared or defined to be a nuisance by the ordinances of the City of Canton. In addition, the officials of the municipality shall be authorized to abate any nuisance which while not specifically defined within this ordinance shall constitute the unreasonable, unwarrantable, or unlawful use by a person of property real or personal or from his own improper, indecent or unlawful personal conduct which works an obstruction or injury to a right of another, or of the public, and produces such material annoyance, inconvenience, discomfort, or hurt that the law will presume an actionable nuisance. Nuisances may be abated which are public or which are both public and private in nature. B. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or to remain in any place under his ownership or control to the prejudice of others. C. To throw or deposit any offal or other offensive matter, or the carcass of any dead animal in any water course, lake pond, spring, well or common sewer, street or public highway. D. To corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake, to the injury or prejudice of others. E. To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places. F. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture, which, by occasioning noxious exhalations, offensive smells or otherwise, is offensive or dangerous to the health of individuals, or of the public. G. To advertise wares or occupation by painting notices of the same on, or affixing them to fences, walls, windows, building exteriors, utility poles, or on hydrants, other public or private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities. H. To harass, intimidate or threaten any person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harrassment, intimidation or threat relates to a person's attempt to sell, buy or lease a residence, or other real property, or refers to a person's sale, purchase or lease of a residence or other real property. -2- I. To dump, abandon, deposit, dismantle or burn upon any public property or right-of-way, highway, park, street or parkway anywhere in the City of Canton, any trash, garbage, ashes, junk, junked or wrecked motor vehicles or parts thereof, or miscellaneous waste. J. To store, keep, or maintain outside of a closed building, any junk, parts, machinery or equipment not in an operable condition, or motor vehicle not in an operable condition, where such inoperable motor vehicle is an actual danger or detriment to life, safety, health or peaceful enjoyment of the property of surrounding land owners, provided, however, that this provision shall not apply to a properly licensed junk yard or other permitted outdoor storage use which is in full compliance with all of the ordinances of the City of Canton governing the same. K. To own, maintain or keep a dwelling unit unfit for human habitation, or dangerous or detrimental to life, safety or health because of lack of repair, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises or residing in proximity thereof. L. To store or place any materials in a manner which may harbor rats. M. To produce or permit to be produced, whether on public or private property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity. 7-1-24.1: NON SUMMARY ABATEMENT - NOTICE: Except where otherwise provided by the ordinances of the City of Canton, any officer of the City of Canton possessing police powers may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance, requiring them, or either or both of them, to abate the same within a specified reasonable time, in such manner as the notice shall direct. -3- 7-1-24.2: NON SUMMARY ABATEMENT: If the person so served and notified does not abate the nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following: A. Seeking to impose a monetary penalty as defined by Section 5 of this Ordinance by instituting an ordinance enforcement action. B. Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction. 7-1-24.3: SUMMARY ABATEMENT: Whenever, in the opinion of an officer of the City possessing police powers, the maintenance or continuation of a nuisance creates an imminent threat of serious injury to persons or serious damage to personal or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, such officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the municipal officer with police power may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as reasonably possible. 7-1-24.4: PENALTY: Any individual, firm, association or corporation violating any of the provisions of this Chapter shall, upon conviction, be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) for each offense. Each -4- day or portion thereof that a violation is allowed to exist shall constitute a separate offense." 3. If any section, subsection, paragraph or part of this Ordinance is for any reason held to be unconstitutional or invalid by any final court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. 4. To the extent inconsistent with Section 7-1-24.4 of this Ordinance, all former penalty provisions of this Chapter are hereby repealed. 5. That this Ordinance shall be in full force and effect ten (10) days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19th day of ~1~v , ~- 1987, upon a roll call vote as follows: AYES: Aldermen Kovachevich, Zilly, Steck, Sarff, Meade, Bohler, May, Chapman. NAYS: None. ABSENT: None. APPROVED: Donald E. Edwards, Mayor. ATTEST: t Nan Whit., , City Clerk. -5 and last- P~alec~r~o®I1 Ir~s$~~~cte®6i~ Bo not pc~h~i~h i~i6~3€~J~ i~ ~~rs~~hEe~ Morro c~n1y ~.~ ~'~shliv,~ io ~ sa> dEr~9 circu~atiara newspaper Ciig, A~ _ Data