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AN ORDINANCE AMENDING TITLE 6, CHAPTER 2 OF THE VILLAGE CODE OF THE VILLAGE OF ORLAND PARK
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WHEREAS, the Village of Orland Park has, by proper procedures, designated certain conditions and actions as public nuisances; and
WHEREAS, the Village has, in the sections designating certain public nuisances, also designated procedures under which those public nuisances may be abated or removed from the affected property by the Village if the person in control of the property has failed to do so; and
WHEREAS, the Village has determined to make changes in the charges applied for abating or removing public nuisance accumulations on private property, which changes are detailed herein; and
WHEREAS, the Village has determined that the changes herein are in the best interests of the Village and its residents.
NOW, THEREFORE, Be It Ordained by the President and Board of Trustees of the Village of Orland Park, Cook and Will Counties, Illinois, an Illinois home rule municipality, as follows:
SECTION 1
Title 6, Health and Nuisances, Chapter 2, Nuisances, Section 6-2-2 Declaration of Public Nuisances, Subsection 6-2-2-4, Garbage and Rubbish, is hereby amended to change Subsection 6-2-2-4 paragraph 3, Garbage and Debris, as follows:
Items (1) and (2) are unchanged.
Items (3), (4) and (5) are deleted in their entirety and replaced with items (3), (4), (5) and (6) as set out below:
“(3) An authorized Village official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the Village upon which such a nuisance is found to exist, requiring them or any of them to remove the garbage and debris constituting such nuisance within twenty-four (24) hours. The notice or citation will be served in one of the following manners;
(a) By a written notice sent by United States certified mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate and as to the owner the notice may be addressed to the address shown on the most recent tax bill for said real estate.
(b) By general notice addressed to all owners, lessees, occupants or persons controlling real estate printed in a newspaper of general circulation in the Village, which notice shall direct attention to the provisions of this Section and provide that the garbage and debris shall be removed not later than ten (10) days after said notice is so printed. Said notice is authorized to be printed once in each month from April through September in each year as the Director of Development Services shall deem necessary.
(c) By a written notice personally delivered by the Village official or representative to the person owning, leasing, occupying or controlling the real estate.
(4) In the event any person so notified shall fail or refuse to comply with said notices or citations, it shall be lawful for the Village to cause such garbage and debris to be removed in any manner it shall designate, and to charge the cost of such removal to any person owning, leasing, occupying or controlling such real estate. The cost for so doing shall be calculated on the basis of administration fee of five hundred dollars ($500.00) plus actual cost of garbage and debris removal.
(5) The cost and expense incurred by the Village, and/or by the person or firm performing the service by authority of the Village, in the abatement of the nuisance following the refusal or failure of the responsible party to abate the nuisance, including reasonable attorney’s fees, shall constitute a lien upon the real estate affected, which lien shall be enforced as provided by statute. The Village shall provide notice of the lien either by personally serving or sending notice by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year.
(6) Any commercial or residential property within the Village that has been previously issued a notice or citation under this section within the same calendar year will be considered a repeat offender and the Village will have the authority to abate the nuisance without additional prior notice, and the real estate property owner will have a lien placed upon this property per the above stated procedures. Notice of the lien shall be sent as in (5) above.”
SECTION 2
Title 6, Health and Nuisances, Chapter 2, Nuisances, Section 6-2-2 Declaration of Public Nuisances, Subsection 6-2-2-7 Weeds and High Grass is hereby amended as follows:
Items 1, 2 and 2a are unchanged.
Items 3, 4 and 5 are deleted in their entirety and replaced with items 3, 4, 5 and 6 as set out below:
“3. An authorized Village official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the Village upon which such a nuisance is found to exist, requiring them or any of them to remove the weeds and/or high grass constituting such nuisance within twenty-four (24) hours. The notice or citations will be served in one of the following manners;
(a) By a written notice sent by United States certified mail, postage prepaid, to the last known person owning, leasing, occupying or controlling the real estate and as to the owner the notice may be addressed to the address shown on the most recent tax bill for said real estate.
(b) By general notice addressed to all owners, lessees, occupants or persons controlling real estate printed in a newspaper of general circulation in the Village, which notice shall direct attention to the provisions of this Section and provide that the weeds shall be destroyed and/or tall grass cut not later than ten (10) days after said notice is so printed. Said notice is authorized to be printed once in each month from April through September in each year as the Director of Development Services shall deem necessary.
(c) By a written notice personally delivered by the Village official or representative to the person owning, leasing, occupying or controlling the real estate.
4. In the event any person so notified shall fail or refuse to comply with said notices or citations, it shall be lawful for the Village to cause such weeds and/or tall grass to be removed or cut down in any manner it shall designate, and to charge the cost of such removal to any person owning, leasing, occupying or controlling such real estate. The cost for so doing shall be calculated on the basis of administration fee of five hundred dollars ($500.00) plus actual cost of weed and/or tall grass removal.
5. The cost and expense incurred by the Village, and/or by the person or firm performing the service by authority of the Village, in the abatement of the nuisance following the refusal or failure of the responsible party to abate the nuisance, including reasonable attorney’s fees, shall constitute a lien upon the real estate affected, which lien shall be enforced as provided by statute. The Village shall provide notice of the lien either by personally serving or sending notice by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year.
6. Any commercial or residential property within the Village that has been previously issued a notice or citation under this section within the same calendar year will be considered a repeat offender and the Village will have the authority to abate the nuisance without additional prior notice, and the real estate property owner will have a lien placed upon this property per the above stated procedures. Notice of the lien shall be sent as in (5) above.”
SECTION 3
All other portions of the Orland Park Village Code, Title 6 Health and Nuisances, shall remain in full force and effect.
SECTION 4
This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law.