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G-284 - 03/24/1981 - AGREEMENT - Ordinances a ORD1N \NCF NO. G- 284 \N Of:DIN\NCI: AMENI)ING DIVISION 6 OF ARTICLI: I II OF CHAPTER 2 OF •I'IlF COME OF ('112D INANCES 01= THE. VILLAGE OF OAK BROOK RFG:wr)ING WEED CUTTING 1CIIEREAS, Sections 11 - 20- 6 and 11- 20- 7 of Chapter 24 of the Illinois Rex- ised Statutes specifically authorizes the corporate authorities of a '�_unicipality' to provide for the destruction of weeds at the expense o: the owners of the private property of which such weeds are growing and to collect from the owners of such private property the reasonable cost for such weed cutting ; and WHERLAS, pursuant to said statutory authority the President and Bo,, rd of Trustees of the Village of Oak Brook have heretofore adopted Ordinance G- 7 , codified as Sections 2- 94 through 2-98 , inclusive , of the Code of Ordinances of the Village of Oak Brook ; and W111;RLAS, the President and Board of Trustees of said Village deem the establishment of. specific charges for weed cutting to be in the best interest of the Village ; and WHEREAS, the purpose of such charges is to partially reimburse the said Village for the cost and expense of weed cutting including; the preparation and distribution of all those notices required by law; NOW, TIIIRLFORF: , BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUS"I L S OF THE' VILLAGE OF OAK BROOI:, DU PAGE AND COOK COUNTIES, ILLINOIS as follows : Section 1 : That the provisions of the preamble hereinabove set forth are hereby adopted as though fully set forth herein . Section 2 : That Section 2- 9 - of the Code of Ordinances of the \" i ilace of Oak Brook entitled "Duty of Landowners ; Power of Commissioner, Penalty" be and the same is hereby amended to read as follows : Section 2- 97 Duty of Landowners ; Powers of Commissioner; Penaltv : -- - It shall be the duty of all owners of lands on which noxious weeds are found growing , to destroy them before they reach a seed bearing stage and to prevent such weeds from perpetuating themselves . The commissioner of noxious weeds shall notify , in writing , the owner , agent or occupant of an; lands , on which noxious weeds are found growing of such fact . If any such owner, agent or occupant shall refuse or neglect to destroy such noxious weeds , it shall be the duty of the commissioner or his duly authorized agent to enter upon such lands and destroy or cause to be destroyed such noxious weeds . Express power to. so enter upon such lands and destroy such noxious weeds is hereby conferred upon such com- missioner of noxious weeds or his dUI.V authorized agent . Any owner who shall refuse or negleet' to destroy such noxious weeds , as provided for in this Section, shall be subject to a fine of not more than Five Hundred ' Dollars ($S00 . 00) ; said fine when collected to be paid to the Village . Section 3: That Section 2- 93 of the Code of Ordinances of the Village of Oak Brook entitled "Abatement" be and is hereby amended by retitling said Section to "Abatement , Charges for heed Cutting" , which Section shall read as follows : a Ordinance No . G-- 2-84- Page Weed Cutting - Charges - Lien Section 2-98 Abatement :barges for Weed Cuttin ( a) In addition to the penalties provided in Section 2-97 the commissioner of noxious weeds is hereby authorized after five ( 5) clays have elapsed from the serving; of the notice described therein , to direct that said weeds on such lot , piece or parcel of land , be cut by an employee of the Village or some other person at reasonable cost, and the cost shall be a lien upon the real estate affected as provided in Section 11 - 20- 7 of Chapter 24 of the Illinois - Revised Statutes . (b) A charge is hereby imposed upon the owner of any prop- erty on which the Village performs or authorizes wood cutting in the amount of One Hundred Twenty Five I}ollars ($125 . 00) for each such weed cutting on each lot or parcel of land on which said service is performed. Such charge shall be due and payable to the Village no later than Thirty (30) days from the date of the invoice evidencing such cost and expense . If said charge is not paid within said Thirty t30) day period an additional charge of Seventy Five Dollars ($75 . 00) shall be added to the initial charge and likewise billed to the owner of the affected property. (c) Failure to pay any charge imposed pursuant to this division in timely fashion shall automatically authorize appropriate Village officials to prepare and file in the office of the appropriate Recorder of Deeds a notice of lien for such cost and expense in the manner provided by law for such weed cutting liens. Section 4 : That all ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict . Section 5 : 'Phis Ordinance shall be in full force and effect from after its -passage , approval and publication in pamphlet form as required by law. Section 6 : That the .Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form in the manner provided by law. Passed this 24th day of ,larch 1981 . Ayes : 'Trustees Congreve, Ienrie, Philip, Reynolds, Rush and Watson Na ys : done Absent : bone Approved this 24th day of -- ---March 1981 /4 51�% Village- P--re-s i dernt r Ordinancc No . 1' c Deed Cutting - Charges - Lien ATTEST I Approved as to Dorm: Published 3/25/81 Pamphlet Dafie Paper mot Published