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HomeMy WebLinkAboutG42-94 (2) CITY OF ELGIN ORDINANCE NO. G42-94 AN ORDINANCE REGULATING GROUNDCOVER AND WEEDS ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF SEPTEMBER, 1994 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of September, 1994 . STATE OF ILLINOIS ss . COUNTY OF KANE CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on September 14 , 1994, the Corporate Authorities of such municipality passed and approved Ordinance No. G42-94, entitled An Ordinance Regulating Groundcover and Weeds which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G42-94 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 15, 1994 , and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on September 15, 1994 . Municipal Clerk (SEAL) r Ordinance No. G42-94 AN ORDINANCE REGULATING GROUNDCOVER AND WEEDS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 16 . 12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by amending Section 16 . 12 . 150 to read as follows : "Exterior property not covered by approved paving material shall be covered by natural groundcover in sufficient quantities to reasonably cover all otherwise exposed soil or ground, except as otherwise provided herein. All groundcover shall comply with the noxious weed and height provisions contained in Elgin Municipal Code Sections 9 . 16 . 010 through 9 . 16 . 060 . The provisions of this section shall not apply to the following: a. cultivated flowers and gardens; b. active construction sites; c . areas maintained and utilized for organized sporting /■► or entertainment purposes, which purposes require the existence of particular surfaces other than as provided herein; provided, however, that no such purpose shall be deemed to constitute an exception of the provisions of Elgin Municipal Code, Chapter 9 . 16 ; and d. areas which are physically incapable of supporting natural groundcover. " Section 2 . That Chapter 9 . 16 . 020 entitled "Nuisance Declaration" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended to read as follows : "It is declared to be illegal for the owners of real estate to permit weeds or noxious weeds as defined in this chapter upon the exterior of such real estate. Any such weeds are declared to be a nuisance. " Section 3 . That Chapter 9 . 16 . 030 entitled "Property owner required to cut" of the Elgin Municipal Code, 1976 , is amended to read as follows : "If the owner of any real estate permits weeds in violation of this chapter, the city shall be entitled to cut or kill such weeds in addition to the imposition of any other penalties which may be applicable. " Section 4 . That Chapter 9 . 16 . 040 entitled "Cutting by city-Lien" of the Elgin Municipal Code is amended to read as follows : 9 . 16 . 040 Cutting by city-Lien. If weeds are cut or killed by the city or by someone directed to cut or kill them on behalf of the city, a notice of lien of the cost and expense thereof incurred by the city shall be recorded in the following manner: The city or the person performing the service by authority of the city, in its or his own name may file notice of lien in the office of the recorder of deeds in the county in which said real estate is located or in the office of the registrar of titles of such county if the real estate affected is registered under the Torrens system. The notice of lien 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 said cost and expense was incurred by the city, and shall be filed within sixty days after the cost and expense is incurred. For the purpose of this chapter, cost and expense shall be a sum equal to the actual cost of all cuttings or weed-killing plus an administrative fee equal to the actual cost of weed cuttings, killing or other service, but not less than fifty dollars nor more than two hundred fifty dollars, to cover general overhead, inspection expenses, location of and notice to owner, and incidental and related actions . Upon filing of a notice of lien as provided herein, the city shall have a lien upon the land described therein and upon which the cuttings or killing or other service have been made to secure cost and expenses thereof and nine percent interest per year on the amount, which interest shall begin accruing sixty days after the cost is incurred. Section 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. George JnDeVoorde, Mayor Presented: September 14, 1994 Passed: September 14 , 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 15, 1994 fek Attest: Dolonna Mecum, Citytlerk