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HomeMy WebLinkAboutG35-82 Ordinance No. G35-82 AN ORDINANCE AMENDING CHAPTER 9.16 ENTITLED "PLANTS AND WEEDS" WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII, Section 6 of the 1970 Illinois Constitution; and WHEREAS, a home rule unit may exercise any power and perform any func- tion pertaining to its government and affairs; and WHEREAS, weeds in excess of eight (8) inches have been declared to be a public nuisance by the City Council of the City of Elgin (Elgin Municipal Code, 1976, as amended, Section 9.16.020 entitled "Nuisance Declared") ; and WHEREAS, abating a public nuisance and recovering the reasonable costs of said abatement 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 Chapter 9.16 entitled "Plants and Weeds" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended as follows: A) 9.16.040 entitled "Cutting by city--Lien" is hereby amended by adding the following: "For the purpose of this chapter, cost and expenses shall be a eft sum equal to the actual cost of all cuttings plus twenty-five dollars ($25.00) to cover general overhead of administration, expense of inspection, locating the owner, issuing a notice, reinspection and ordering work done, together with all necessary incidents of same. Upon filing of a notice of lien as provided herein, City shall have a lien upon the land described therein and upon which said cuttings have been made to secure cost and expenses thereof and 9% interest per annum on the amount, which interest shall begin accruing 30 days from date of cutting." B) 19.16.050 entitled "Payment of costs--Lien release" is hereby amended to read as follows: "9.16.050 Release of lien--Fee imposed The fee for issuing a release of lien filed pursuant to this chapter shall be ten dollars ($10.00). After notice of lien has been filed a release of lien shall be issued upon payment of the cost, expenses, interest and lien release fee as provided herein. The party seeking said release shall be responsible for filing same in the office of the Recorder of Deeds for the appropriate county." Section 2. That the City Clerk shall cause this ordinance to be rbk published in pamphlet form and that this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 9, 1982 Adopted: June 9, 1982 Vote: Yeas 6 Nays 0 Recorded: Attest: • s/ Marie Yearman Marie Yearman, City Clerk