Chapter 4

11-4-1: WEEDS AND OTHER MATTER:linklink

A. Controlled: Except as provided in subsection B of this section, no owner and no person in control of any lot, place or area within the city and no agent of such owner or person in control, shall permit on such lot, place or area or upon any abutting area between the right of way line/property line and street surface or pavement, any weeds or grass over eight inches (8") in height, or deleterious, unhealthful growths or other noxious matter that may be growing, lying, or located thereon. (Ord. 2003-52)

B. Exemptions: The following are generally exempted from the provisions of this chapter:

1. Lands zoned forestry as designated in title 15, chapter 2 of this code and shown on the official zoning map of the city; and

2. Lands zoned agriculture as designated in title 15, chapter 2 of this code and shown on the official zoning map of the city unless used for nonagricultural purposes. For purposes of this subsection "agricultural use" shall be construed to mean vacant land or the production of products such as field crops, livestock, fowl and other conventional agricultural pursuits; and

3. Lands zoned industrial as designated in title 15, chapter 2 of this code and shown on the official zoning map of the city which is being used for agricultural purposes. (Ord. 2013-21)

Provided, however, that the portions of those lands exempted by this subsection which are within twenty feet (20') of the right of way of a public street or alley maintained for traffic or within twenty feet (20') of the property line of adjacent lands used for nonagricultural or nonforestry purposes (for example, church, school, store, factory, house, apartment building, offices, etc.) shall not be exempted from the provisions of this chapter. (Ord. 2001-31)
11-4-2: NOTICE TO DESTROY:linklink

The city manager, or his designee, annually, at or near the commencement of the growth season, shall notify, by general publication in a newspaper published within the city, all such owners, person in control, or agents, to cut, destroy, or remove any such weeds, grass, growths, or matter found growing, lying or located on such properties and areas regulated by section 11-4-1 of this chapter. (Ord. 81-37)

Upon the failure, neglect or refusal of any such owner, person in control or agent so notified to cut, destroy or remove such weeds, grass, growths or matter, after publication of the notice provided for in section 11-4-2 of this chapter, the city or its authorized agent shall cut, destroy or remove such weeds, grass, growth or matter, and any expense incurred by the city or its authorized agent in so doing shall be a charge against the owner, person in control or agent so failing, which charge may be recovered in an appropriate action at law; provided, however, that no land clearance made necessary by excessive growth shall be done unless the city or its authorized agent shall first post a notice on such property to clear such excessive growth, and such owner, person in control or agent shall fail for seven (7) days after such notice to so clear such land. (Ord. 79-25)
11-4-4: NOTICE OF LIEN:linklink

If such weeds, grass, growth or matter are cut, destroyed or removed by this city or its agent, a notice of lien of the cost and expense thereof incurred shall be recorded in the following manner: The city or its agent shall file notice of lien in the office of the recorder of deeds of Jackson County, Illinois. Such notice of lien shall contain a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when said costs and expense were incurred. Such notice shall be under oath and shall be filed within one year after the cost and expense is incurred. Such liens are assessed to recover the expenses incurred by the city and shall not serve as an exemption from any penalties imposed for violation of this chapter. If, for any one parcel, the city incurs expenses for the removal of weeds or other matter on more than one occasion during the course of one year, then the municipality may combine any or all of the costs of each of those activities into a single notice of lien. (Ord. 2016-26)
11-4-5: PENALTY FOR VIOLATION:linklink

Any owner, person in control, or agent who does not maintain property subject to section 11-4-1 of this chapter in compliance with the provisions of said section 11-4-1 of this chapter, shall, upon conviction thereof, be fined not less than ten dollars ($10.00) nor more than seven hundred fifty dollars ($750.00). Each day such a violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. (Ord. 88-21; Ord. 97-166)
11-4-6: FORECLOSURE OF LIENS:linklink

In addition to any other legal remedy available under this code or applicable state or federal law, any lien filed pursuant to this chapter may be enforced by proceedings to foreclose, as in the case of mortgage or mechanic's liens under Illinois law, against the property subject to said lien for the collection of weed cutting costs incurred by the city plus any and all administrative, filing and/or legal fees or costs for the enforcement of the provisions under this chapter. Such action shall be commenced only upon those liens which equal or exceed a total amount of two hundred fifty dollars ($250.00) collectively against a parcel of property (i.e., 1 or more weed lien filed on the same property for weed cutting costs, including administrative, filing and legal fees) and has been recorded in the Jackson County recorder's office for a one year period or longer. (Ord. 2000-27)