G13-93 (2) Ordinance No. G13-93
AN ORDINANCE
AMENDING TITLE 9 . 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED "PLANTS AND WEEDS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Chapter 9 . 16 of the Elgin Municipal
Code, 1976 , as amended, entitled "Plants and Weeds" be and is
hereby further amended by amending Section 9 . 16 . 040 to read as
follows:
9 . 16 . 040 Cutting by city-Lien.
If weeds are cut by the city or by someone
directed to cut 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
expenses shall be a sum equal to the actual cost of
all cuttings plus fifty dollars or the actual cost
of cutting the weeds, whichever is greater, to cover
general overhead of administration, expense of
inspection, locating the owner, issuing a notice,
reinspection and ordering work done, together will
all necessary incidents of same. 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 have been made to secure cost and
expenses thereof and nine percent interest per year
on the amount, which interest shall begin accruing
thirty days from date of cutting.
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect ten days after its passage and publication in the
manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 14 , 1993
Passed: April 14 , 1993
Omnibus Vote: Yeas 6 Nays 0
Recorded: April 15, 1993
Published: April 15, 1993
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Ordinance No. G13-93
AN ORDINANCE
AMENDING TITLE 9 . 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS
AMENDED, ENTITLED "PLANTS AND WEEDS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Chapter 9 . 16 of the Elgin Municipal
Code, 1976, as amended, entitled "Plants and Weeds" be and is
hereby further amended by amending Section 9 . 16 . 040 to read as
follows:
9 . 16 .040 Cutting by city-Lien.
If weeds are cut by the city or by someone
directed to cut 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. Thenotice 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
expenses shall be a sum equal to the actual cost of
all cuttings plus fifty dollars or the actual cost
of cutting the weeds, whichever is greater, to cover
general overhead of administration, expense of
inspection, locating the owner, issuing a notice,
reinspection and ordering work done, together will
all necessary incidents of same. 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 have been made to secure cost and
expenses thereof and nine percent interest per year
on the amount, which interest shall begin accruing
thirty days from date of cutting.
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3. That this ordinance shall be in full force
and effect ten days after its passage and publication in the
manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 14, 1993
Passed: April 14, 1993
Omnibus Vote: Yeas 6 Nays 0
Recorded: April 15, 1993
Published: April 15, 1993
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
�n
( ^ i Agenda Item No .
; �I l
March 17, 1993
TO: Mayor and Members of the City Council
FROM: Larry L. Rice, City Manager
SUBJECT: Weed Cutting Program
PURPOSE
The purpose of this memorandum will provide information
to the Mayor and City Council to consider increasing the
administrative fee charged by the City for cutting weeds on
private property.
BACKGROUND
Attached is a staff report on the City's weed cutting
program. The report points out that, given the current $25 . 00
administrative fee, it is less expensive for property owners
to have the City cut their weeds than to contract with a pri-
vate landscaping service. Moreover, the current fee does not
cover the cost of staff time required to administer the cut-
ting program. Fees generated by the program totaled only
$1,225 . 00 and $1,000 . 00 for 1991 and 1992 respectively.
Approximately four hundred weed complaints are received
annually. This year a college intern will be assigned to
coordinate the weed control program, rather than involving
the housing inspectors. Moreover, plans are being made to
identify potential violators before the growing season and to
urge them to have their weeds cut on a regular basis. The
cooperation of property owners will also be encouraged
through information in the "Gable" .
To cover the cost of the weed cutting program and to
serve as an incentive for property owners to cut their own
weeds, it is suggested the administrative fee portion of the
charge be raised from $25 . 00 to $50.00 or the actual cost of
cutting the weeds, whichever is greater. The administrative
fee is in addition to the actual weed cutting cost. There-
fore if the City has weeds cut and receives an invoice for
weed cutting of $22 .50, the cost to the property owner in
this example would be $72 . 50 ($22. 50 plus $50. 00) . Similar-
ly, if it cost the City $125 . 00 to have weeds cut on a larger
Mayor and Members of the City Council
March 17, 1993
Page 2
lot, the charge to the property owner would be $250. 00
($125. 00 plus $125. 00) .
FINANCIAL IMPACT
If forty lots were cut by the City in 1993 the adminis-
trative fees charged would be increased by at least $1,000 .
RECOMMENDATION
It is recommended that the City Council direct staff to
amend the Elgin Municipal Code section regarding Plants and
Weeds to reflect an increase in the administrative fee for
the weed cutting program.
Larry . Rice L 'ty Manager
LLR:daw
Attachment
March 16, 1993
MEMORANDUM
To: Bob Malm, Interim Director, C.A.C.P.
From: Mike Millikan, Housing supervisor, C.A.C.P.
Subject: Increase of Administrative Fee for Weed Cuttings
The Bureau has done some research recently and we have come to
the conclusion that the administrative fee we are charging for
cutting weeds on private property does not adequately cover our
costs to provide this service. It is the Bureau' s recommendation
that the City Council consider raising this fee to an amount
which will be more reflective of the costs involved.
A review of 1991 and 1992 have revealed that we are committing a
very disproportionate amount of staff time to this area as
compared to the amount of revenue generated by this fee.
We are currently charging a $25 administrative fee for a weed
cutting regardless of the size of the job or cost of the cutting.
A property that has to be cut by the city receives three separate
r inspections. Along with these inspections are two notices and
associated clerical staff time. Once the bill is received from
the cutter, it then has to be processed by the Finance Department
which requires another mailing and the possible issuance of a
lien. All of this staff time and attention is covered by a single
$25 fee.
The following is a summary of the weed program for 1991 and 1992 .
1991
Total number of lots that had to be cut by the City -- 49
Total bill received from the weed cutter $3, 126 . 25
Total amount of administrative fees charged $1,225
1992 (thru 9/30/92)
Total number of lots that had to be cut by the City -- 40
Total bill received from the weed cutter $2,508 .45
Total amount of administrative fees charged $1, 000
H & H Landscaping, who has been company contracted by the City
for the past several years, charges the city a fee based upon the
amount of time required to cut the lot and the type of equipment
involved. The current contract pays $15/hour for a man with a
hand mower or weed eater and $25/hour for a tractor.
We contacted H & H and were told that the fee charged to private
citizens who hire them to cut are $40/hour for a tractor and
$16/hour for a man with a hand mower or weed eater.
For 1991, the average cost per lot for cutting was $63. 80. In
1992, the average as of the end of September has been $62 . 71. The
same cutting averages if charged at the private citizens rate
would be approximately $96 .
Therefore, it is cheaper for the property owners to wait for the
City to cut their lot, even with the administrative fee, than to
cut it themselves. This would help explain why we have had 19
lots cut more than once each year.
The following table provides some suggested possibilities for
increased administrative fees and how they would have impacted
the 1992 program.
FEE AMOUNT 1992 % INCREASE
Current $25 $1,000 0
50% of Bill Varies $1,254 .22 25
50% increase $37 .50 $1,500 50
100% increase $50 $2,000 100
Doubled Bill Varies $2,508.45 151
The highest bill received so far in 1992 has been for $412 . 50 .
The lowest has been for $15. Changing the fee so that the charge
is double the bill would have increased every billing except one.
In conclusion, we feel that the current administrative fee is not
prohibitive enough to get property owners to cut their lots
themselves . We also feel that the fee does not begin to cover the
staff time required to process these cuttings . In order to
provide a more efficient service to the citizens, we feel that
the administrative fee should be increased to provide a greater
incentive to property owners to cut the lots themselves and to
help cover our costs more effectively.
rilk 9.16.010 Plants and Weeds 9.16.010
111) members of the board of health. The license holder or person in
charge shall be given notice of the time and place of the hearing by
certified mail to the licensee's last known address or delivered
vu personally to the license holder or person in charge at least three days
11;;r,;�;r= � prior to the hearing date. At the hearing the licensee shall be
"'.'1_,.�< :' permitted counsel and shall have the right to submit evidence and
2• ,..:
•«'-.[„ cross-examine witne.;es.
B. At the conclusion of the hearing, the board of health may sustain,
modify, or reverse any order of the health officer and may suspend or
revoke the license The decision of the board of health shall be
rendered in writing within two days and shall be final.
(Ord. G43.78 § 1 (part), 1978.)
Chapter 9.16
PLANTS AND WEEDS3
Sections:
9.16.010 Weeds defined.
9.16.020 Nuisance declaration.
9.16.030 Property owner required to cut.
9.16.040 Cutting by city—Lien.
9.16.050 Release of lien—Fee imposed.
9.16.060 Enforcement.
9.16.010 Weeds defined.
"Weeds"as used in this chapter shall include the following:
A. Noxious Weeds. Ragweed,giant and common;Canada thistle,all of its
varieties;perennial sow thistle;European bind weed;hoary cress;leafy
spurge;and Russian knapweed.
B. Others. Burdock;cocklebur;jimson;blue vervain:common milkweed;
wild carrot; poison ivy; wild mustard;rough pigweed;lambsquarter;
wild lettuce;curled dock;smart weeds, all varieties;poison hemlock;
wild hemp; oxeye daisy; goldenrod; yellow hemlock; buckhorn; or
other weeds of a like kind.
(Ord. G-843 § 1 (part), 1958: prior code §30-401.)
250-5 (Elgin 9-85)
41
moi.-\tel.,.
r.'
'Jit ):. _.
9.16.020 Health and Safety 9.16.040
9.16.020 Nuisance declaration.
neglect to cut weeds when such weeds have reached a height in excess of
eight inches. Any such weeds exceeding such height are declared to be a
nuisance.(Ord.G-843 § 1 (part), 1958: prior code § 30-402.)
•
•
fti 9.16.030 Property owr•r required to cut.
Every owner of real estate within the city shall cut weeds on his
property at least twice a year: once between July 1st and July 25th and
once between August :nth and August 25th, or at all times as may be
necessary so that weeds shall not exceed eight inches in height. If the
owner neglects or refuses to cut weeds so that the weeds exceed eight
inches in height, the city may cut the weeds or authorize some person to
cut the weeds on behalf of the city. (Ord. G-843 § 1 (part), 1958: prior
code § 30-403.)
9.16.040 Cutting by city—Lien.
If weeds are cut by the city or by someone directed to cut 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 expenses shall be a sum
equal to the actual cost of all cuttings plus twenty-five dollars 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 pro-
vided herein, the city shall have a lien upon the land described therein and
upon which the cuttings have been made to secure cost and expenses
thereof and nine percent interest per year on the amount,which interest
(Elgin 9-85) 250.6
r
9.16.050 Plants and Weeds 9.16.060
shall begin accruing thirty daysfrom date of cutting.B•(Ord.G35-82§ 1(A),
1982;Ord.G-843§ 1(part), 1958:prior code§ 30-404.)
•�'"'`^ 9.16.050 Release of lien—Fee imposed.
The fee for issuing a release of hen filed pursuant to this chapter shall
ti- be ten dollars.
i £T t°�s After notice of lien las 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 the release shall be responsible for filing same in
the office of the recerder of deeds for the appropriate county. (Ord.
G35-82 § 1(B), 1982: Ord. G-843 § 1 (part), 1958: prior code§ 30405.)
9.16.060 Enforcement.
It shall be the duty of the director of health and housing to enforce
the provisions of this chapter and to administer the preparation and filing
of all notices and demands provided herein.(Ord.G-843 § 1 (part), 1958:
prior code§ 30-406.)
r
251 (Elgin 9-85)
'
i