G-860 - 06/10/2008 - COMMUNITY DEVELOPMENT - Ordinances Supporting Documentsop
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ITEM 10.11.1)
AGENDA ITEM
Regular Board of Trustees Meeting
of
June 10, 2008
SUBJECT: Village of Oak Brook — Tall Grass and Weeds — Text Amendment
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTIONS: I move to approve Ordinance G -860 which approves an
amendment to the Village Code to lien private property in order to recoup the costs for
cutting tall grass as well as to consolidate the enforcement program for tall grass and weeds
within the Department of Community Development under Section 10- 1 -2(G) of the Village
Code.
Background/History:
Over the past several years, both the Department of Community Development and Public Works
Department have been fielding an increasing number of complaints for tall grass and weeds on
private property. The Oak Brook Village Code now prohibits tall grass in excess of ten (10)
inches in height (Section 10- 1- 2(G)(302.4) as well as noxious weeds (Section 8 -4 -5). Currently,
Community Development enforces the regulations covering tall grass while Public Works
enforces the regulations for noxious weeds. Public Works also has the ability to now lien a
property if noxious weeds are not removed in a timely manner.
Relative to the issue of tall grass, most property owners keep their parcels in compliance with the
Village regulations. However, in some situations, because a property may be held in the name of
a bank or trust, or is owned by a non - responsive absentee owner, the tall grass can grow for a
number of months before staff can find the right person who can address the problem.
To become more responsive to the tall grass issue, Staff is recommending that the ability to place
a lien on a property that is now in place for noxious weeds be extended to tall grass. In addition,
Staff is recommending that the enforcement of regulations for tall grass and noxious weeds be
Last saved by administrator I \ComDev \GPOLANEK \l -FROM BOB \Bot - PC - ZBA \BOT -FINAL Action - Liens for Grass and Weeds -TA -G-
860 doc
moved to the Department of Community Development under Section 10- 1 -2(G) of the Village
Code. As such, Section 8 -4 -5 of the Code is deleted.
Recommendation:
Approve Ordinance G -860.
Last saved by administrator I \ComDev \GPOLANEK \I -FROM BOB\Bot - PC - ZBA \BOT -FINAL Action - Liens for Grass and Weeds -TA -G-
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ORDINANCE 2008 -CD- WEED -LN -G -860
AN ORDINANCE PROVIDING FOR THE CUTTING OF WEEDS AND
OVERGROWN GRASS, REPEALING SECTION 8 -4 -5 AND
AMENDING SECTION 10 -1 -2G
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village desires to control overgrown weeds and grass in the Village, and
WHEREAS, pursuant to 65 ILCS 5111 -20 -7 the Village is authorized to provide for the cutting of
such overgrowth and to place a lien against the affected property, and
WHEREAS, the President and Board of Trustees have determined that the cutting of overgrown
weeds and grass will promote the public health, safety and welfare
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein
Section 2 Section 8 -4 -5 of the Village Code is hereby repealed
Section 3 Section 10 -1 -2G is amended by adding the following
1. Weeds and Overgrown Lawns Declared A Nuisance.
All weeds and grass exceeding eight inches in height 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 or
grass to grow in excess of eight inches
2. Removal Notice.
The Village may serve a notice upon the owner of any premises on which weeds or grass are
permitted to grow in violation of the provisions of this section demanding the cutting of such weeds and
grass within five (5) days from the date of such notice The notice shall be personally served on, or sent
by certified mail to the person who was sent the tax bill for the general taxes on the property for the last
preceding year
3. Costs of Removal.
If a person so served does not cut the weeds or grass within ten days of the personal service or
mailing of the notice, the Village may proceed to cut the weeds or grass keeping an account of the
expense of the cutting and such expense shall be charged to and paid by such owner
4. Lien.
Charges for weed or grass cutting shall be a lien upon the real estate affected, superior to all
other liens and encumbrances except tax liens, provided that within 60 days after such cost and expense
is incurred, the Village, or the person performing the service by authority of the Village files a notice of lien
in the office of the Recorder of Deeds. The 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 or dates when such cost and expense
ORDINANCE 2008 -CD- WEED -LN -G -860
Repealing Sec 8 -4 -5, Amending
Sec 10 -1 -2G
Page 2 of 2
was incurred by the Village. A notice and copy of the lien shall be personally served on, or sent by
certified mail to, the person who was sent the tax bill for the general taxes on the property for the last
preceding year
Section 4 If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance
Section 5 All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 10th day of June, 2008
PASSED THIS 10th day of June, 2008
Ayes
Nays
Absent
John W Craig
Village President
ATTEST
Charlotte K Pruss
Village Clerk
REVISED ORDINANCE FOR
AGENDA ITEM #10. B.1.
ORDINANCE 2008 -CD- WEED -LN -G -860
AN ORDINANCE PROVIDING FOR THE CUTTING OF WEEDS AND
OVERGROWN GRASS, REPEALING SECTION 8 -4 -5 AND
AMENDING SECTION 10 -1 -2G
OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK
WHEREAS, the Village desires to control overgrown weeds and grass in the Village, and
WHEREAS, pursuant to 65 ILLS 5/11 -20 -7 the Village is authorized to provide for the cutting of
such overgrowth and to place a lien against the affected property, and
WHEREAS, the President and Board of Trustees have determined that the cutting of overgrown
weeds and grass will promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, as follows
Section 1 The foregoing preambles are restated and incorporated herein by reference as though
fully set forth herein -
Section 2 Section 8 -4 -5 of the Village Code is hereby repealed
Section 3 Section 10 -1 -2G is amended by adding the following -
1. Weeds and Overgrown Lawns Declared A Nuisance.
ten
All weeds and grass exceeding e+g#t inches in height 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 or
grass to grow in excess of eight inches
2. Removal Notice.
The Village may serve a notice upon the owner of any premises on which weeds or grass are
permitted to grow in violation of the provisions of this section demanding the cutting of such weeds and
grass within five (5) days from the date of such notice The notice shall be personally served on, or sent
by certified mail to the person who was sent the tax bill for the general taxes on the property for the last
preceding year
3. Costs of Removal.
If a person so served does not cut the weeds or grass within ten days of the personal service or
mailing of the notice, the Village may proceed to cut the weeds or grass keeping an account of the
expense of the cutting and such expense shall be charged to and paid by such owner
4. Lien.
Charges for weed or grass cutting shall be a lien upon the real estate affected, superior to all
other liens and encumbrances except tax liens, provided that within 60 days after such cost and expense
is incurred, the Village, or the person performing the service by authority of the Village files a notice of lien
in the office of the Recorder of Deeds The 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
ORDINANCE 2008 -CD- WEED -LN -G -860
Repealing Sec 8 -4 -5, Amending
Sec 10 -1 -2G
Page 2 of 2
cost and expense incurred or payable for the service, and the date or dates when such cost and expense
was incurred by the Village A notice and copy of the lien shall be personally served on, or sent by
certified mail to, the person who was sent the tax bill for the general taxes on the property for the last
preceding year
Section 4: If any section, paragraph, clause or provision of this ordinance shall be held invalid,
the invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 5 All ordinances in conflict herewith are hereby repealed to the extent of such conflict
Section 6 This ordinance shall be in full force and effect from and after its passage, approval
and publication as required by law
APPROVED THIS 10th day of June, 2008
PASSED THIS 10th day of June, 2008
Ayes.
Nays
Absent:
John W Craig
Village President
ATTEST
Charlotte K Pruss
Village Clerk