G29-88 a. .
Ordinance No. G29-88
AN ORDINANCE
AMENDING ELGIN MUNICIPAL CODE CHAPTER 9.36 ENTITLED
"STORAGE OF JUNK AND WASTE MATTER"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Chapter 9.36 of the Elgin Municipal Code, 1976, as amended, be
and is hereby further amended to read as follows:
"Chapter 9.36
STORAGE OF JUNK AND WASTE MATTER
I. Junkyards.
9.36.010 Junkyards prohibited.
A. The operation or existence of so-called junkyards or places for
the accumulation of scrap, waste material, debris and other material
commonly described as junk, within the corporate limits of the city or
within one mile thereof, is defined and declared to be a nuisance.
B. It is unlawful, within the corporate limits of the city or within
one mile thereof, for any person, firm or corporation to operate such
junkyards or business aforesaid or cause or permit the accumulation in open
yards or places of scrap, waste material or junk.
II. Junk on Private Property.
9.36.020 Failure to remove unlawful.
A. It is unlawful for any person who is the owner or the tenant in
possession of private property upon which is strewn or littered garbage,
debris, trash or junk to fail to remove said garbage, debris or junk after
receipt of written notice from the city's bureau of inspection services.
B. Junk is defined in this chapter to include all scrap metals and
their alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil,
used bottles, old or used machinery, used tools, used appliances, used
fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe
fittings, unlicensed, inoperable or abandoned motor vehicles, and other
manufactured goods that are so worn, deteriorated or obsolete as to make
them unusable in their existing condition, but are subject to being dis-
mantled.
9.36.030 Removal by city.
If any person who is the owner or tenant in possession of private
property within the city refuses or neglects to remove garbage, debris,
trash or junk after ten days' written notice to do so, the city's bureau of
inspection services may cause the garbage, debris, trash or junk to be
removed.
•
9.36.040 Lien--Filing of notice.
Upon removal of any garbage, debris, trash or junk from private
property as provided in Section 9.36.030 after the failure of the owner or
tenant in possession of such property to do so, the cost of such removal
shall be paid within ten days after the mailing of a statement of costs of
the removal to the owner and tenant in possession. Within sixty days after
such cost and expense is incurred and upon failure of the owner or tenant in
possession to reimburse 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 encumbrances 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
payment 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
description of the real estate sufficient for the identification thereof, the
amount of money representing the cost and expense incurred and payable
for the service, and the date or dates when such cost and expense was
incurred.
9.36.050 Lien--Release.
Upon payment of the cost and expense by the owner or other persons
interested in the property after notice of lien has been filed, the lien shall
be released by the city clerk on behalf of the city.
9.36.060 Penalty for violation.
Any person, firm or corporation violating any of the provisions of this
chapter shall be fined as provided in Chapter 1.20 of this code. Any such
fine shall be in addition to the obligation to pay the costs of removal as
provided in this chapter."
Section 2. That all ordinances or parts of ordinances in conflict with the provi-
sions of this ordinance are 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.
s/ George Van De Voorde
George VanDeVoorde, Mayor
Presented: April 13, 1988
Passed: April 13 , 1988
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk