§ 42-221. Garbage or debris; private property; providing for removal.

(a)

Prohibited acts. It shall be unlawful for any person to allow garbage, debris or graffiti to be located upon his property. Any violation of this section shall be deemed a public nuisance.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Debris means rubbish.

Garbage means offal, refuse, animal or vegetable matter, or trash.

Rubbish means waste or rejected matter.

Trash means worn out, broken up, or worthless things, and refuse.

(c)

Notice to remove; failure to abate; lien. Any owner or tenant who, if given a ten-day notice in writing from the village clerk to remove garbage, debris or graffiti, shall remove such garbage, debris or graffiti within such ten-day period. If the owner or tenant, after receipt of such notice, refuses or neglects to remove such garbage, debris or graffiti, the village may remove the same and collect from the owner of the premises the reasonable cost thereof, except in the case of graffiti. Within 60 days after such cost and expense is incurred by the village, the village clerk shall file a notice in the office of the county recorder of deeds consisting of a sworn statement setting out:

(1)

A description of the real estate sufficient for identification thereof;

(2)

The amount of money representing the cost and expense incurred or payable for the service; and

(3)

The date when such cost and expense was incurred by the municipality.

Such notice shall be addressed to the owner of such real estate. This notice shall be a lien upon the real estate affected superior to all subsequent liens and encumbrances except tax liens. However, the lien of the village shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage and debris and prior to the filing of such notice, and the lien of such municipality shall not be valid as to any mortgagee, judgment creditor or other lienholder whose rights in and to such real estate arose prior to the filing of such notice. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics liens. Suit to foreclose this lien shall be commenced within two years after the date of filing the notice of a lien as is set forth in 65 ILCS 5/11-20-13.

(d)

Penalty for violation of section. Any person, corporation, firm or organization which shall violate any provision of this section shall be fined not less than $25.00 nor more than $750.00, plus costs of court. Each day any violation of this section shall continue shall constitute a separate offense.

(Code 1974, § 12-64)

Cross reference

Solid waste, ch. 54.