G42-94 (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
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Attest:
Dolonna Mecum, Citytlerk