|
CHAPTER 14.12
WEEDS
Sections:
14.12.010 Nuisance and Unlawful When.
14.12.020 Weeds, Grass or Plants a Nuisance and Unlawful When.
14.12.030 Abatement Notification.
14.12.040 Penalty.
14.12.050 Abatement Failure Municipal Action Lien on Property.
14.12.060 Foreclosure on Property.  14.12.010 Nuisance and Unlawful When.
Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of any kind found growing in any lot or tract of land in the City of Fairfield are declared to be a nuisance and it is unlawful to permit any such weeds to grow or remain in any such place. (Ord. 973 1, 1972)
14.12.020 Weeds, Grass or Plants a Nuisance and Unlawful When.
It is unlawful for anyone to permit any weeds, grass or plants other than trees, bushes, flowers or other ornamental plants to grow to a height exceeding twelve inches (12) anywhere in the City of Fairfield; any such plants or weeds exceeding such heights are declared to be a nuisance. (Ord. 973 2, 1972)
14.12.030 Abatement Notification.
It shall be the duty of the chief of police of the City of Fairfield to serve or cause to be served a notice upon the owner or occupant of any such premises on which weeds or plants are permitted to grow in violation of any provision of this chapter and to demand the abatement of the nuisance within ten (10) days; if such premises are unoccupied or the owner cannot be found in the City of Fairfield, such notice shall be sufficient if mailed to the last known address of the owner of premises. (Ord. 973 3, 1972)
14.12.040 Penalty.
Any person, firm or corporation violating any provision of this chapter by failing or neglecting and refusing to comply with any provision hereof after notice, shall be guilty of a misdemeanor punishable by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00). A separate offense shall be deemed committed each day during which such violation continues to exist. (Ord. 973 4, 1972)
14.12.050 Abatement Failure Municipal Action Lien on Property.
A. If such person so served does not abate the nuisance within said ten (10) days, the City of Fairfield or anyone authorized by them may cut the weeds and the cost of such cutting shall be a lien upon the real estate affected superior to all other liens and encumbrances except tax liens; provided, that within sixty (60) days after such cost and expense is incurred, the municipality or person performing such services by authority of the municipality in his or its own name files a notice of lien in the office of the recorder of deeds of Wayne County, Illinois, which notice shall consist of a sworn statement setting out 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 of dates when such cost and expense was incurred by the municipality. Upon payment of the cost and expense by the owner or person interested in such property after the notice of lien has been filed, the municipality shall deliver to such person a release of such lien.
B. In addition, the municipality or the person filling the notice of lien shall also serve, or cause to be served such notice of lien personally on, or shall send such notice of lien by certified mail to, the person to whom was sent the tax bill for the general taxes on the real estate affected by the notice of lien for the last preceding year. Such notice of lien shall be delivered or sent after the cutting of weeds on the real estate affected by said notice of lien. Such notice of lien served personally, or sent by certified mail under this section shall further state the substance of this section and the substance of Chapter 14.12, Weeds, of Title 14, Health and Safety, of the Fairfield Municipal Code, implementing this section and shall further identify the real estate affected by the notice of lien by common description, and shall identify the location of the weeds to be cut. (Ord. 1416 1, 1994; Ord. 973 5, 1972)
14.12.060 Foreclosure on Property.
Property subject to such lien for unpaid weed cutting charges may be foreclosed and the property sold in a foreclosure proceeding in the circuit court of Wayne County, Illinois. (Ord. 973 6, 1972)
|
