Loading...
HomeMy WebLinkAboutG40-75 Ordinance No. G40-75 eft AN ORDINANCE REQUIRING THE REMOVAL OF GARBAGE AND DEBRIS FROM PRIVATE PROPERTY WHEREAS, the accumulation of garbage, debris, trash or junk upon private property constitutes a danger to the public health, safety and welfare; and WHEREAS, the City of Elgin is a home rule unit within the meaning of the Constitution of the State of Illinois, 1970, and is authorized to perform any function and exercise any power pertaining to its government and affairs; and WHEREAS, the promotion of the public health, safety and welfare is within the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Article VI of Chapter 18 of the City Code, be and is hereby amended to read as follows: "Article VI. Removal of garbage, debris, trash or junk from private property. 18-601. Failure to Remove. It shall be unlawful for any person who is the owner of private property upon which strewn or littered garbage, debris, trash or junk is accumulated so as to constitute a danger to the public health, to fail to remove said garbage, debris, trash or junk after receipt of written notice from the Director of Health and Housing. 18-602. Removal by City. Any person owning private property within the City of Elgin who shall refuse or neglect to remove garbage, debris, trash or junk after ten (10) days written notice to do so, the Director of Health and Housing may cause said garbage, debris, trash or junk to be removed. 18-603. Filing of Notice of Lien. Upon removal of any garbage, debris, trash or junk from private property as provided in this ordinance after the failure of the owner of such property to do so, the cost of such removal shall be paid within ten (10) days after the mailing of a statement of costs of the removal to the owner. Within sixty (60) days after such cost and expense is incurred and upon failure of the owner to reim- burse the City for expenses in the removal of garbage, debris, trash or junk, the City Clerk in the name of the City, shall cause a notice of lien to be filed in the Office of the Recorder of Deeds of the county in which the property is located, which shall be a lien against the real estate superior to all other liens and incumberances except tax liens. However said liens shall not be valid to any purchaser whose rights in and to such real estate have arisen subsequent to the removal of garbage, debris, trash or junk and prior to the filing of notice of lien, and said lien shall not be valid as to any mortgagee, judgment, creditor or other lien claimant whose rights in and to such real estate arise prior to the filing of such notice. The notice shall consist of a sworn statement setting out a descrip- tion 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 was incurred. 18-604. Release of Lien. Upon payment of the cost and expense by the owner or other persons interested in such property after notice of lien has been filed, the lien shall be released by the City Clerk on behalf of the City of Elgin. 18-605. Any person who shall fail to remove accumulated garbage, debris, trash or junk after notice as provided in this ordinance shall be guilty of a fine of not less than $25.00 nor more than $500.00. Such penalty shall be in addition to the obligation to pay the costs of removal as provided in this ordi- nance." Section 2. That Sections 18-606, 18-607, 18-608, of Chapter 18 of the City Code of the City of Elgin, as amended, be and is hereby repealed. Section 3. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law and shall be published in pamphlet form by authority of the City Council. ''I) s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 25, 1975 Passed: June 25, 1975 Vote: Yeas 6 Nays 0 Recorded: June 25, 1975 Published: June 25, 1975 Attest: s/ Diane L. Schwartz Diane L. Schwartz, Acting City Clerk All