Weed Ordinance
624.07 Weeds
- Declaration of Nuisance: Any weeds, such as jimpson burdock, ragweed, thistle, cockleburr or other weeds of a like kind, found growing in any lot or tract of land in the Village, are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in any such place.
- Height: It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, vegetable plants, flowers or other ornamental plants, to grow to a height exceeding 12 inches anywhere in the Village. Any such plants or weeds exceeding such height are declared to be a nuisance.
- Barberry Bushes: It shall be a nuisance and unlawful to plant or permit the growth of the bush of the species of tall, common or European Barberry, further known as Barberis Vulgaris, or its horticultural varieties, within the Village.
- Notice to Abate: It shall be the duty of the Police Department to serve or cause to be served a notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this section, and to demand the abatement of the nuisance within 10 days.
- Abatement by Village: If the person so served does not abate the nuisance within 10 days, the Board may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner or occupant.
- Lien: Charges for such weed removal shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for 60 days after it has been rendered, the Clerk may file with the County Recorder a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred, the date the weeds were cut, and a notice that the Village claims a lien for this amount. Notice of such lien claim shall be mailed to the owner of the premises if his or her address is known. However, failure of the Clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice, shall not affect the right to foreclose the lien for such charges as provided in subsection (g) hereof.
- Foreclosure of Lien: Property subject to a lien for unpaid weed cutting charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. The Village Attorney is hereby authorized and directed to institute such proceedings, in the name of the Village, in any court having jurisdiction over such matter, against any property for which such bill has remained unpaid 60 days after it has been rendered.
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