G40-75 Ordinance No. G40-75
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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