§ 16-26. Definitions.

(a)

For the purposes of this section, the following words, as used herein, shall be construed to have the meaning herein set forth:

(b)

Definition of "nuisance." For the purposes of this section, the term "nuisance" is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises of any of the following:

(1)

Lumber, junk, trash or debris.

(2)

Abandoned, discarded or unused objects or equipment such as, but not limited to, automobiles, furniture, stoves, refrigerators, freezers, cans, containers, motorcycles, motor or mini bikes, bicycles, toys, children's vehicles, clothing bedding, mowers or building materials of any type or quantity.

(c)

Duty of maintenance of private property. No person owning, leasing, occupying or having charge of any premises (all of whom are hereinafter collectively referred to as "owners") shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of other property in the neighborhood in which such premises are located.

(d)

Exterior storage of nonoperating vehicles prohibited. No person in charge or in control of premises, whether as owner, lessee, tenant, occupant or otherwise, shall allow any partially dismantled, wrecked, junked, discarded or otherwise nonoperating motor vehicle to remain on such property longer than ten days; and no person shall leave any such vehicle on any property within the city for a longer time than ten days except that this section shall not apply with regard to any vehicle in an enclosed building or so located upon the premises as not to be readily visible from any public place or from any surrounding private property. For the purposes herein, an "otherwise nonoperating motor vehicle" shall include any vehicle not displaying a valid registration license plate with sticker, that is not currently insured, or that is not operable under the provisions of the Illinois Motor Vehicle Code. This section shall further not apply with regard to any vehicle on the premises of a business enterprise operated in a lawful place, other than in a residential district, and operated in a lawful manner, when the keeping or maintenance of such vehicle is necessary to the operation of such business enterprise; or with regard to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city or any other public agency or entity.

(e)

Penalty for failure of owner to abate such nuisance. If such owners allow said nuisance to exist or fail to abate said nuisance to exist or fail to abate said nuisance, they, and each of them, upon conviction thereof, shall be fined not less than $25.00, nor more than $500.00 for each offense and a separate offense shall be deemed committed on each day during or on which such nuisance is permitted to exist.

(f)

Abatement by city. Whenever said owners fail to abate said nuisance, then the city shall remove the said personalty to a location of its selection, the expenses therefor to be billed to said owners, jointly and severally, said bill to be recoverable in a suit at law.

When said personalty has been removed and placed in storage by the city, as provided for herein, said personalty shall be sold by the city after the lapse of such time as is provided by law. If the proceeds of such sale are insufficient to pay the costs of abatement, said owners shall be liable to the city for the balance of the costs, jointly and severally, to be recoverable in a suit at law. If the proceeds are in excess of costs, the balance shall be paid to said owners, or deposited in the city treasury for their use. In the event the city is required to abate a nuisance, the owner shall be liable for all reasonable attorney's fees incurred by the city, which shall be added as costs.

(g)

Enforcement. In addition to the other provisions for enforcement of this section, enforcement may be accomplished by the city in any manner authorized by law, and, in addition, any person who by reason of another's violation of any provision of this section, suffers special damage to himself different from that suffered by other property owners throughout the city generally may bring an action to enjoin or otherwise abate an existing violation.

(Ord. No. 332, §§ 1—6, 10-18-76; Ord. No. 576, § 1, 9-14-92; Ord. No. 768, 9-4-01; Ord. No. 887, 12-4-06)

Cross reference

Dumping prohibited, § 10½-19.