The County may demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the County and may remove or cause the removal of garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from those building. Therefor, the County does hereby adopt by reference the applicable provisions of Chapter 55 of the Illinois Compiled Statutes, Section 5/5–1121 governing dangerous and unsafe buildings.
When an inoperable motor vehicle is discovered within the corporate limits of the County, it shall be the responsibility of the Sheriff to determine the registered owner and/or party in lawful possession thereof, and to serve on such person or party, in person or by certified mail, a written notice stating that said person or party shall dispose of said inoperable motor vehicle under their control within seven (7) days of the date of issuance of said notice or be subject to the penalties herein provided. If the Sheriff cannot determine the owner or other party in lawful possession thereof or if the owner or other party in lawful possession thereof fails to remove said inoperable motor vehicle from public view within the time aforesaid, then the Sheriff is hereby authorized to impound and remove the inoperable motor vehicle as an abandoned motor vehicle in accordance with the provisions of Chapter 625, Section 5/4–201 et seq. (See 55 ILCS 5/5–1092)
As used in this Article, “inoperable motor vehicle” means any motor vehicle from which, for a period of at least seven (7) days the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor power. “Inoperable motor vehicle” shall not include:
(A) a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations;
(B) any motor vehicle that is kept within a building when not in use;
(C) historic vehicles over twenty-five (25) years of age; or
(D) a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
Inoperable motor vehicles, whether located on public or private property and in view of the general public, are hereby declared to be a nuisance for which the provisions and penalties hereof shall apply.
Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the County, after lien is in effect for sixty (60) days. Suit to foreclose this lien shall be commenced within two (2) years after the date of filing notice of lien.
Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the County or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.
Charges for such removal of garbage and/or debris shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the removal service shall be presented to the owner. If this bill is not paid within sixty (60) days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the County shall be recorded and shall include:
(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; and
(C) The date or dates when said cost and expense was incurred by the County and shall be filed within sixty (60) days after the cost and expense is incurred.
f the person so served does not abate the nuisance within five (5) days after service of or posting of notice, theCountyBoard may proceed to abate such nuisance, keeping an account of the expense of the abatement and such expense shall be charged and paid by such owner or occupant.
Service of notice provided for herein may be effected by handing the same to the owner, occupant or lessee of the premises, or to any member of his household of the age of fifteen (15) years or older found on the premises or by mailing such notice to the last known residence address of the owner; provided that if the premises are unoccupied and the owner’s address cannot be obtained, then the notice may be served by posting the same upon the premises.
The Sheriff or his deputy may issue a written notice for removal of garbage or debris. Such garbage or debris shall be removed by the owner or occupant within five (5) days after such notice has been duly served.
No person shall permit any garbage or trash to accumulate on their premises or private property. It is hereby declared to be a nuisance and it shall be unlawful for the owner or occupant of real estate to refuse or neglect to remove the garbage or debris.
(A)Penalties. Any person who violates any provision of this Chapter shall be guilty of a petty offense and fined not more than One Thousand Dollars ($1,000.00).
(B)Separate Offenses. Each day a violation of this Chapter is continued constitutes a separate offense.
(C) Notice. Any notices required by this Chapter shall be in writing and shall provide for a minimum of five (5) business days to abate, correct or remedy the subject of such notice.
(D) Abatement. Each violation of this Chapter, when a conviction is had, may, by order of the court before which the conviction is had, to be abated by the Sheriff or other proper officer, at the expense of the defendant.
(E) Defenses. It is not a defense to a proceeding under this Chapter that the public nuisance is erected or continued by virtue or permission of a law of this State.
It is unlawful for a person to maintain, store, keep or permit an inoperable motor vehicle on any public or private property after said person has received written notice from the County which states that said person is to dispose of such inoperable motor vehicle.
It is unlawful for a person to permit a water well, located on property owned by him, to be in an unplugged condition at any time after the abandonment of the well for obtaining water. No well is in an unplugged condition, however, that is plugged in conformity with the rules and regulations of the State Department of Natural Resources.
It is unlawful for a person to dump, deposit, or place garbage, rubbish, trash, waste, or refuse upon real property not owned by that person without the consent of the owner or person in possession of the real property.
(A) No person owning, leasing, occupying or having charges of any premises or real property shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance as defined in this Article.
(B) Public Nuisance shall include the following:
Any thing, act, failure to act, occupation, condition or use of a property which shall continue for such length of time as to:
substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or
in any way render the public insecure in life or in the use of property; or
causes substantial public annoyance, inconvenience or injury; or
greatly offend the public morals or decency.
To cause or allow the carcass of an animal or offal, filth, or a noisome substance to be collected, deposited, or to remain in any place.
To throw or deposit offal or other offensive matter or the carcass of a dead animal in a water course, lake, pond, spring, well, or common sewer, street, or public highway.
To corrupt or render unwholesome or impure the water of a spring, river, stream, pond, or lake.
To obstruct or impede, without legal authority, the passage of a navigable river or waters.
To obstruct or encroach upon public highways, private ways, streets, alleys, commons, landing places, and ways to burying places.
To carry on the business of manufacturing gunpowder, nitroglycerine, or other highly explosive substances, or mixing or grinding the materials for those substances, in a building within twenty (20) rods of a valuable building erected at the time the business is commenced.
To establish powder magazines, at a point different from that appointed according to law, or within fifty (50) rods of an occupied dwelling house.
To erect, continue, or use a building or other place for the exercise of a trade, employment, or manufacture that, by occasioning noxious exhalations, offensive smells, or otherwise, is offense or dangerous to the health of individuals or of the public.
To advertise wares or occupation by painting notices of the wares or occupation on, or affixing them to, utility poles, fences or other private property, or on rocks or other natural objects, without the consent of the owner, or if in the highway or other public place, without permission of the proper authorities.
To permit a well drilled for oil, gas, salt water disposal, or any other purpose in connection with the production of oil and gas to remain unplugged after the well is no longer used for the purpose for which it was drilled.
To construct or operate a salt water pit or oil field refuse pit, commonly called a “burn out pit”, so that salt water, brine, or oil field refuse or other waste liquids may escape from the pit in a manner except by the evaporation of the sale water or brine or by the burning of the oil field waste or refuse.
To permit concrete bases, discarded machinery, and materials to remain around an oil or gas well, or to fail to fill holes, cellars, slush pits, and other excavations made in connection with the well or to restore the surface of the lands surrounding the well to its condition before the drilling of the well, upon abandonment of the oil or gas well.
To permit salt water, oil, gas, or other wastes from a well drilled for oil, gas, or exploratory purposes to escape to the surface, or into a mine or coal seam, or into an underground fresh water supply, or from one underground stratum to another.
To harass, intimidate, or threaten a person who is about to sell or lease or has sold or leased a residence or other real property or is about to buy or lease or has bought or leased a residence or other real property, when the harassment, intimidation, or threat relates to a person’s attempt to sell, buy, or lease a residence, or other real property, or refers to a person’s sale, purchase, or lease of a residence or other real property.
To store, dump, or permit the accumulation of debris, refuse, garbage, trash, tires, buckets, cans, wheelbarrows, garbage cans, or other containers in a manner that may harbor mosquitoes, flies, insects, rodents, nuisance birds, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public.
To create a condition, through the improper maintenance of a swimming pool or wading pool, or by causing an action that alters the condition of a natural body of water, so that it harbors mosquitoes, flies, or other animal pests that are offensive, injurious, or dangerous to the health of individuals or the public.
To operate a tanning facility without a valid permit under the Tanning Facility Permit Act.
To permit the accumulation of abandoned, discarded or unused items of personal property including, but not limited to furniture, appliances, household goods, or lawn mowers.
To maintain or permit the presence of an unoccupied mobile home for sixty (60) consecutive days where such unoccupied mobile home does not have all necessary utility hook-ups in place and operational, including, but not limited to, electricity, water and sewage disposal.
To permit, cause or allow the open burning of debris, refuse, garbage, trash, tires or any other material in such a manner as to be offensive, injurious, or dangerous to the health of individuals or the public.
To permit weeds or grass to grow to a height of eight (8) inches or more upon any subdivided lot or any portion of a subdivided lot.
For purposes of this Chapter, the following terms shall be given these definitions:
(A) Code means the Union County Code.
(B) County means the County of Union, Illinois, including, but not limited to, theCountyBoard, Sheriff and State’s Attorney.
(C)County Board means the Board of County Commissioners of the County of Union, Illinois.
(D)Debris means the remains of any article broken, destroyed or that is in a state of disrepair; rubble or wreckage or carelessly discarded refuse or litter.
(E) Garbage means any waste derived from households, including single and multiple residence households.
(F) Inoperable Motor Vehicle means any motor vehicle from which, for a period of at least thirty (30) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own power; provided, however, an Inoperable Motor Vehicle shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations, or a motor vehicle that is kept within a building when not in use, or a motor vehicle that is an operable historic motor vehicle over twenty-five (25) years of age, or a motor vehicle that located on the premises of a place of business engaged in the wrecking or junking of motor vehicles.
(G)Person means any natural person, firm, partnership, association or corporation.
(H) Refuse or Waste means any garbage, debris or other discarded materials including glass, plastic, paper, wood, metal, rubber, fabrics, furniture, tires or any other materials that have been discarded.
(I)Sheriff means the Sheriff of the County of Union, Illinois.
(J) State means the State of Illinois.
(K)State’s Attorney means the State’s Attorney of the County of Union, Illinois.