G-7 - 09/08/1959 - BOARDS & COMMISSION - Ordinances JEB:KM 9-8-59 1 & 6 cc. 60404as,iP4PP++STS.
C.R�Rrianl of �'oS
'59
AN ORDINANCE CREATING THE OFFICE OF
Coj�gISSIONER OF NOXIOUS DEEDS; DEFIN-
ING THE DUTIES OF SUCH OFFICE; REQUIR-
ING THE CUTTING OF SUCH NOXIOUS WEEDS;
AND PRM7TDING CERTAIN PENALTIES FOR THE
VIOLATION THEREOF 1ETHIN THE VILLAGE OF
OAKBROOK, DU PAGE COUNTY, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the
Village of Oakbrook, Illinois:
Section 1. There is hereby created the office of Commissioner
of Noxious Weeds, which said office shall be filled by means of an ap-
pointment by the President and approved by the Board of Trustees, and
whose term of office shall be for two (2) years and until his successor
is appointed and qualified.
Section 2. For the purposes of this ordinance, noxious weeds
are defined as poison ivy, ragweed, canada thistles, perennial sow
thistles, European bindweed, leafy spurge, Russian knapweed, hoary cress
and similar weeds.
Section 3. Noxious weeds as herein defined are hereby declared
to be a nuisance under the ordinances of the Village of Oakbrook.
Section 4. It shall be the duty of all owners of lands on
which noxious weeds are found growing, to destroy the same before they
reach a seed bearing stage and to prevent such weeds from perpetuating
themselves. The Commissioner of Noxious +feeds shall notify, in writing,
the owner, agent or occupant of any lands, on which noxious weeds are
found growing, of such fact. Failure of the Commissioner to give such
notice shall not, however, constitute a defense to any action to enforce
the payment of any penalty provided for or debt created under the provi-
sions of this ordinance. In case any such owner, agent or occupant
shall refuse or neglect to destroy such noxious weeds, it shall be the
duty of the Commissioner to enter upon such lands and to destroy such
noxious weeds or cause the same to be destroyed. Express power to so
enter upon such lands and destroy such noxious weeds is hereby conferred
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upon such Commissioner of Noxious Weeds. Any owner who shall refuse
or neglect to destroy such noxious weeds, as provided for in this
section, shall be subject to a fine of not less than Ten and No/100ths
($10.00) Dollars nor more than Two Hundred and No/100ths (3200.00)
Dollars; said fine when collected to be paid to the Village,
Section 5. In addition to the penalties herein provided,,
the Commissioner of Noxious Weeds of the Village of Oakbrook is hereby
authorized, after five days have elapsed from the serving of the afore-
mentioned noticer to direct that the said weeds on such lot, piece or
parcel of land, be cut either by an employee of the Village of Oakbrook
or by some private person at reasonable cost, and the cost shall be a
lien upon the real estate effected, superior to all other liens and en-
cumbrances, except tax liens, provided that within sixty (60) days after
said costs and expenses are incurred the corporate authorities of the
Village of Oakbrook, or the person performing the service by authority
of the Commissioner of Noxious 'Weeds, in his or its own name, shall file
notice of lien in the office cf the Recorder of Deeds of DuPage County,
Illinois.
`- Section 6. Said notice shall consist of a sworn statement
setting out:
(a) A description of the real estate sufficient for
identification thereof;
(b) The amount of money representing the cost and
expense incurred or payable for the service;
(c) The date or dates when said cost or expenses
were incurred.
Section 7. Upon payment of the cost and expenses, including
the cost of recording said notice, by the owner of or persons interested
in said lot, piece or ,�rcnl of land, aft»?r r: `.ice of lien has been
filed, a release of said lien by the municipality or person in whose
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name the lien has been filed shall be delivered to the person so
paying the cost and expenses.
Passed and approved by the President and Board of Trustees
of the Village of Oakbrook, Illinois, this r day of Prt-m6LI
z. P. 1959•
President
Attest:
Clerk
Ayes
'_``Nays C
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C E R T I F I C A T E
I. PHYLLIS PERKINS, Village Clerk of the Village of Oakbrook, and
keeper of the records thereof, do hereby certify that I did on the l rtt day
of v f ° (-iti A. D. 1959, publish the above and foregoing ordinance,
duly passed and approved by the President and Board of Trustees of the
Village of Oakbrook (being a municipality with less than five hundred popula-
tion in which no newspaper is published) by posting a copy of said ordinance
in three prominent places within the said municipality, to-wit:
y—c
t lrt � l s
IN WITNESS NHEREE)F I have hereunto set my hand and the seal of said
Village this day of �l'7'�.iti ���r�; , A. D. 1959-