Chapter 4
WEEDS; PLANTSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782
6-4-1: DEFINITIONS:
6-4-2: NUISANCE GREENERY DECLARED:
6-4-3: REMOVAL; NOTICE OF VIOLATION AND TO REMOVE:
6-4-4: ABATEMENT OF NUISANCE GREENERY BY THE VILLAGE:
6-4-5: LIEN FOR REMOVAL COSTS:
6-4-6: NOT EXCLUSIVE REMEDY:

6-4-1: DEFINITIONS:linklink


The following terms shall have the meanings indicated when used in this chapter:

REMOVAL COSTS: The total cost of the removal activity.

REMOVAL OF NUISANCE GREENERY, REMOVE, OR REMOVAL ACTIVITIES: Means or refers to the cutting of weeds or grass, the trimming of bushes and trees, and/or the removal of bushes, trees, and plants declared to be nuisance greenery in this chapter. (Ord. 52-2010, 6-8-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782#s653467
6-4-2: NUISANCE GREENERY DECLARED:linklink

The following are hereby declared to be nuisance greenery and it shall be unlawful to permit any such to grow or remain on property of any kind within the village or in the manner or condition stated:


A. 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, unless located on a portion thereof designated as a detention area, wetland, or riparian area by statute or ordinance or on a duly approved and recorded plat of subdivision.


B. Willows of all kinds standing in or on any public street, alley, sidewalk, paths, or other public right of way of the village, or along the margin thereof such that any part of them overhang such street, alley, sidewalk, public path, or other public right of way.


C. The following trees or shrubs standing or located on any property such that the fruit, berries, nuts, or seeds thereof shall fall onto any public street, alley, sidewalk, path, or public right of way: 1) Osage orange (Maclura pomifera), also known as horse apple, bois d'arc, or bodark; 2) mulberry (Morus); and 3) northern catalpa (Catalpa speciosa).


D. Female ginkgo (Ginkgo biloba), also known as maidenhair tree.


E. Weeds, grass, and plants, other than trees, bushes, and horticultural varieties of flowers and plants intended for ornamental purposes, in excess of eight inches (8") in height, unless located in an area designated as a detention area, wetland, or riparian area by statute or ordinance or on a duly approved and recorded plat of subdivision.


F. Any flower, plant, bush, or tree, whether or not intended for ornamental purposes, that overhangs or protrudes into the space within eight feet (8') of the surface of any public sidewalk, path, or pedestrian right of way or within fifteen feet (15') of the surface of any public street, road, alley, or other vehicular right of way, unless located in an area designated as a detention area, wetland, or riparian area by statute or ordinance or on a duly approved and recorded plat of subdivision. (Ord. 52-2010, 6-8-2010)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782#s653468
6-4-3: REMOVAL; NOTICE OF VIOLATION AND TO REMOVE:linklink

It shall be the duty of the chief code enforcement officer, or his or her designee, to serve or cause to be served upon the owner, tenant, occupant, or person in charge of any premises on which nuisance greenery as set forth in section 6-4-2 of this chapter is permitted to grow in violation of this chapter a notice of violation and order to remove such nuisance greenery. Service of the notice of violation and order to remove may be by personal service, posting of copy thereof on the premises, or by certified U.S. mail, return receipt requested. Such nuisance greenery shall be removed within seven (7) calendar days after service of the notice of violation and order to remove. The notice of violation and order to remove shall state the date by which the nuisance greenery shall be removed. (Ord. 52-2010, 6-8-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782#s653469
6-4-4: ABATEMENT OF NUISANCE GREENERY BY THE VILLAGE:linklink

If the owner, tenant, agent or person in charge of the premises fails to remove the nuisance greenery within the time stated in the notice of violation and order to remove, the village, through its own person or through its authorized agent or contractor, may abate the nuisance greenery by entering upon the premises, and, if necessary, remove the nuisance greenery at the expense of the owner, tenant, or occupant of, and/or other person responsible for such premises. Express authority to enter upon said premises and remove the nuisance greenery as provided in this section is hereby conferred upon the village. The village shall submit a statement to the owner, tenant, occupant, or person in charge of the premises or his or her agent for the removal cost incurred by the village for the removal activity. (Ord. 52-2010, 6-8-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782#s653470
6-4-5: LIEN FOR REMOVAL COSTS:linklink

The village, and/or its authorized agent or contractor, shall have a lien upon the premises for the removal cost as provided for in section 11-20-15 of the Illinois municipal code, 65 Illinois Compiled Statutes 5/11-20-15, which section is incorporated herein by reference as if fully set out, and, if the total removal cost shall not be paid within thirty (30) days of submission of the statement therefor to the owner, tenant, agent or person in charge of the premises, the village, and/or its authorized agent or contractor, may enforce such lien as provided in said section of the Illinois municipal code. (Ord. 52-2010, 6-8-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782#s653471
6-4-6: NOT EXCLUSIVE REMEDY:linklink

The provisions of this chapter shall not be the exclusive remedy of the village, and/or its authorized agent or contractor, in regard to the removal of nuisance greenery and the liening of the premises for the removal cost therefor, but shall be in addition to the remedy provided in section 11-20-7(d) of the Illinois municipal code, 65 Illinois Compiled Statutes 5/11-20-7, for abandoned residential properties, and other remedies that may be conferred by statute or law. (Ord. 52-2010, 6-8-2010)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=56782#s653472