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G-860 - 06/10/2008 - COMMUNITY DEVELOPMENT - Ordinances Supporting Documentsop �a 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- 860 doc 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