HomeMy WebLinkAboutORDINANCES-2007-051-O-07• Effective date: June 15, 2007 5/18/2007
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AN ORDINANCE
Amending Section 5-1-3 of the Evanston City Code,
Amendments to the
2003 International Property Maintenance Code,
"Woods and Grass"
WHEREAS, uncut weeds and grass that exceed eight inches (8") in
height can harbor rodents, insects, and other vermin that can pose a threat to the
public health; and
WHEREAS, uncut weeds and grass that exceed eight inches (8") in
height can constitute a fire hazard and, therefore, a threat to public safety; and
• WHEREAS, for the aforementioned reasons, uncut weeds and
grass that exceed eight inches (8") in height constitute a public nuisance; and
WHEREAS, weeds and grass are frequently left uncut on vacant
lots and premises with vacant structures in the City of Evanston; and
WHEREAS, the City currently lacks the authority to physically
abate such nuisances on vacant lots and premises with vacant structures,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the Evanston City Code, 1979, as amended, be
and hereby is further amended by amending Section 5-1-3, "Amendments", to
• include the following:
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302.4 Weeds And Grass: •
All premises and exterior property shall be maintained free from weeds or plant
growth in excess of eight inches (8"). All noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual, biennial and perennial plants and
vegetation which are propagated by seed or vegetative parts, which are of little
value and compete with cultivated plants or may affect the health of humans or
animals, other than trees and shrubs. However, this term shall not include
cultivated flowers and gardens.
The owner or agent having charge of a property who fails to cut weeds after
service of a notice of violation, shall be subject to prosecution in accordance with
section 106 of this code.
Upon failure by the owner or agent to comply with the notice of violation, any duly
authorized agent of the City or contractor hired by the City shall be authorized to
enter upon the property in violation and cut and destroy the weeds growing
thereon and the costs for such removal shall be paid by the owner or agent
responsible for the property.
At least once per week for two (2) consecutive weeks and no less than fourteen
(14) days prior to any City action to cut weeds on any vacant lot or premises with •
a vacant structure, the City shall cause to be published, in a newspaper of
general circulation within the City limits, a notice in the form of a display
advertisement that informs all property owners that: (i) the growth of weeds, as
defined in this Section, on any premises, in excess of eight inches (8"), is a
violation of City code; (ii) that the owner or agent having charge of the property
shall be subject to prosecution and fines in accordance with section 106 of this
code; (iii) that the City may cut the weeds, as defined in this Section, on any
vacant lot or any premises with a vacant structure located in the City, no less
than four (4) days after the issuance of a Notice of Violation and posting of such
a Notice on any vacant structure; and (iv) that the owner of any such vacant lot or
premises with a vacant structure shall be liable to the City for the costs of cutting
the weeds and associated costs, in addition to any fine assessed by a court of
competent jurisdiction or administrative hearing officer.
If the City cuts any weeds on any vacant lot or premises with a vacant structure
as provided in this Section, the City may impose a lien on the property in
violation. Upon being recorded in the manner required by Article XII of the Code
of Civil Procedure, as amended, or by the Uniform Commercial Code, as
amended, the lien shall be imposed on said property as a debt due and owing
the City in an amount including, but not limited to: any City costs or contractor's
fees for cutting the weeds; inspections; correspondence; title searches; •
preparation of lien; and recording fees.
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SECTION 2: If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the invalidity does not affect
other provisions or applications of this ordinance which can be given effect
without the invalid provisions or applications thereof.
SECTION 3: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 4: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
Introduced: OUL2 q
Adopted: OL2q
Attest:
Mary �; ri ity Clerk
12007 Approved:
2007 I, ! 007
�e.ayorLorr
A proved as to rm:
Corporation Counsel
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