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Hampton City Zoning Code

CHAPTER 26

NUISANCES

ARTICLE 26.04 NUISANCES IN GENERAL (RESERVED)


2025-04

26.08.010 Defined

The following words, terms and phrases, when used in this article and HVC article 26.12, division II, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Junk, trash, and refuse mean waste matter, whether usable or not which is offensive to the public health, safety or to the aesthetics of the neighborhood, specifically including, but not limited to, worn out wrecks, or abandoned automobiles, trucks, machinery of any kind and parts thereof, old ice boxes, refrigerators and stoves.

(Code 2024, § 4.4.1(A))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.08.020 Storage Prohibited

  1. The storing of junk, trash or refuse on private property within the village is declared a nuisance.
  2. Any property owner or any occupant of property who allows such storage on the property owned or occupied by him shall be guilty of a misdemeanor, and any person who shall have neglected to abate and remove such nuisance, after notice thereof, shall, for each 24 hours thereafter during which the nuisance continues, be guilty of a misdemeanor.

(Code 2024, § 4.4.1(B), (C))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.08.030 Citizen Report Of Violation

Any citizen of the village who observes a violation of HVC 26.08.020(b) may file his affidavit setting forth in detail the violations, its location, and the name of the owner and occupant of the property and may file the affidavit with the assigned village department who shall assign an officer to investigate the charge and, if the nuisance exists, to issue notice to the owner or occupant of the property.

(Code 2024, § 4.4.1(E))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.08.040 Procedure For Abatement

  1. Any enforcement officer of the village, upon observing any violation of HVC 26.08.020(b), shall issue a notice directed to the owner of record of the property on which the nuisance occurs, as shown on the records of the county recorder of deeds, or to both, which the notice shall describe the violation and shall establish a reasonable time limit for the abatement by the owner or occupant, which time shall be not less than two days or more than ten days after service of the notice.
  2. The notice of violation shall be served by a village enforcement officer, agent or officer upon the owner or occupant of the property where the nuisance exists, or upon both of them, and shall make his return upon the copy of the notice, showing the time it was served, upon whom it was served or the manner in which it was served.
  3. Immediately upon the termination of the time allowed in the notice for the abatement of the nuisance, the enforcement officer, agent or officer of the village who serves such notice or any other enforcement officer or agent of the village who shall be assigned by a village officer shall investigate to determine whether the nuisance has been abated.
  4. In the event the owner or occupant of the property where the nuisance exists shall fail within the prescribed time to abate the nuisance, then the enforcement officer, agent or officer of the village who served the notice, or the citizen of the village who filed an affidavit with the village, or the individual who investigated whether the nuisance has been abated, shall file a complaint charging violation of HVC 26.08.020(b) with the county circuit court and demanding that the owner or occupant of the property be punished.

(Code 2024, § 4.4.1(D), (F)—(H))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.010 Purpose

The purpose of this article is to protect the public health, safety, and welfare by preventing the spread of noxious weeds and other plants releasing dangerous pollens into the atmosphere, by reducing the danger of conflagration by fire or explosion, by reducing obstruction to vision of the traveling public from weeds and grasses and shrubbery, and by preventing blighting influences to neighborhoods that uncontrolled and unkept weeds and grasses and shrubbery present.

(Code 2024, § 4.4.2(A))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.020 Definitions

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

Agricultural or farm land means an area of not less than five acres which is used for the growing of the usual farm products such as vegetables, fruit trees, flora, fauna, and grain, and their storage on the area, as well as for the raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep, and swine, provided that the raising and feeding of such farm poultry and farm animals shall be subject to the regulations of the state environmental protection agency. The term "farming" includes the operating of such an area for one or more of the above uses, including dairy farms and the necessary accessory uses for treating and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal farming activities, and, provided further, that farming does not include the extraction of minerals. The term "farm'" includes farm dwellings.

Ground cover means any plant whose horizontal dimension tends to exceed its vertical dimensions and which is easily propagated without the benefit of windy or downy seeds or the release of harmful pollens into the atmosphere and is generally used because grass is difficult to propagate at the site.

Noxious weed means any plant declared to be a noxious weed pursuant to the Illinois Noxious Weed Law, 505 ILCS 100/1 et seq.

Open space means any land more than two acres in area and used actually and exclusively for maintaining or enhancing natural or scenic resources, which protects air or stream or water supplies; promotes conservation of soil, wetlands, beaches, or marshes, including ground cover or planted perennial grasses, trees and shrubs and other natural perennial growth trees and shrubs, and including any body of water, whether man-made or natural; conserves lands and areas, such as public or private golf courses; enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, sanctuaries, or other open spaces; or preserves historic sites. Land is not used for open space purposes within the meaning of this section if it is used primarily for residential purposes.

Owner, applied to building or land, includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the custody, of the whole or a part of such building or land; however, when the area over which ownership is alleged is a public right-of-way which is unimproved or which is commonly known as the boulevard or parkway, the term "owner" means the owner of the real property immediately adjacent or abutting thereto.

Property includes real and personal property.

Tenant or occupant, applied to a building or land, includes any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.

(Code 2024, § 4.4.2(B))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.030 Declaration Of Nuisance

  1. All noxious weeds are declared a public nuisance. In addition, all other weeds and grass allowed to grow to a height of more than ten inches are declared a nuisance, and all shrubbery growing on or standing uncut or otherwise uncontrolled on any property so as to constitute an obstruction to the traveling public in the village is declared a public nuisance. No owner, lessee, or occupant of any property within the village shall allow any such public nuisances to exist or grow on the property or any property controlled by such persons.
  2. Subsection (a) of this section, except for the provision dealing with noxious weeds, shall not apply to agricultural or farmland or open space; shall not apply to ground cover; and shall not apply to areas such as ravines, terraced slopes, and other areas with steep slopes on which sound erosion control practices would require the propagation of dense vegetation.

(Code 2024, § 4.4.2(C), (D))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.040 Notice To Abate

  1. If the village observes a nuisance described in HVC 26.16.030(a), it will send one written notice to the property owner, tenant or occupant describing the property and directing the owner, tenant or occupant to remove the nuisance within seven days from the notice's date. If the nuisance is not removed, the village will remove the nuisance and assess a $100.00 administrative fine plus the actual costs of removal against the owner, lessor or occupant, and, additionally, the village may initiate an ordinance violation prosecution in circuit court or before the county's code enforcement system.
  2. If a second violation occurs within the same calendar year, the village will take action to abate the nuisance without sending notice to the owner, tenant or occupant removing the nuisance, at the direction of the code compliance division, and the owner, tenant, or occupant will be assessed the cost of same as provided in this article.

(Code 2024, § 4.4.2(E))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.050 Service Of Notice

  1. The notice of violation under this article shall be made in person to the owner, if the property upon which a public nuisance/obstruction exists is occupied, by such officer or employee during regular business hours of village hall or by mailing (by certified mail postage prepaid) to the record owner, tenant or occupant at the address of the property upon which the nuisance/obstruction exists. However, if the property upon which the public nuisance/obstruction exists is vacant or unoccupied, such officer or employee shall serve the notice upon the record owner or tenant by addressing and mailing the notice, as provided above, to the record owner or tenant at the owner or tenant's last known address, if such can be ascertained upon due diligence. If either the name or last known address of the owner or tenant of vacant or unoccupied property upon which public nuisance exists cannot be ascertained upon due diligence, service of the notice shall be made by posting the notice on the property.
  2. All notices of intention to pursue the matter shall be made in accordance with service as provided in 735 ILCS 5/2-201 through 735 ILCS 5/2-213. Upon failure of the property owner to appear at a hearing for judicial determination, the village shall send a copy of the judicial determination to the property owner at the last known address of the property owner.

(Code 2024, § 4.4.2(F))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.060 Village Abatement

Should the owner, tenant, or occupant fail to abate the public nuisance within the seven-day period provided in the notice, the building official or his or her designee shall be authorized to enter upon the property upon which the public nuisance exists to abate same and shall be authorized to cut, spray, or otherwise remove the public nuisance and to perform any cleanup, removal of junk, or any other thing preparatory thereto. Should the public nuisance recur on the property within the calendar year, the building official or his or her designee shall be authorized to take the action described herein, without the necessity of additional notice to the owner, tenant or occupant.

(Code 2024, § 4.4.2(G))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.070 Building Official Authorized To Contract For Abatement

The building official or designee may execute annual contracts in order to provide for village abatement, provided that the fees charged shall be based upon an easily recognizable unit such as per hour or per square foot and the special charges for extra work are clearly identified. A minimum charge shall be permitted, however.

(Code 2024, § 4.4.2(H))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.16.080 Liability For Abatement Cost

The owner, tenant, and occupant shall be jointly and severally liable to the village for the actual costs (including, without limitation, the contract fee plus any fees for record searches) incurred by it in abating the nuisance and shall also be liable for an administrative fee as provided in the village fee schedule. In addition to these fees, they shall be jointly and severally liable for a late payment fee as provided in the village fee schedule for each month the amounts remain unpaid, if not paid within 30 days from the first billing.

(Code 2024, § 4.4.2(I))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.010 Applicability

Any property in the village which becomes a chronic nuisance property is in violation of this article and is subject to its remedies. Any person in charge who permits property under his or her ownership or control to be a public nuisance property shall be in violation of this article and subject to its remedies.

(Code 2024, § 4.4.8(A))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.020 Definitions

The following words, terms and phrases, when used in this article, and in order to carry out the provisions contained in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chronic nuisance property means property upon which three or more of the behaviors listed below have occurred during any 60-day period, as a result of any three separate factual events that have been independently investigated by any law enforcement agency:

  1. Disorderly conduct as defined in 720 ILCS 5/26-1;
  2. Unlawful use of weapons as defined in 720 ILCS 5/24-1 et seq.;
  3. Mob action as defined in 720 ILCS 5/25-1;
  4. Discharge of a firearm as defined in 720 ILCS 5/24-1.2 and 720 ILCS 5/24-1.5;
  5. Gambling as defined in 720 ILCS 5/28-1;
  6. Possession, manufacture or delivery of controlled substances as defined in 720 ILCS 570/401 et seq.;
  7. Assault or battery or any related offense as defined in 720 ILCS 5/12-1 et seq.;
  8. Sexual abuse or related offenses as defined in 720 ILCS 5/11-1.50 et seq.;
  9. Public indecency as defined in 720 ILCS 5/11-30;
  10. Prostitution as defined in 720 ILCS 5/11-14 et seq.;
  11. Criminal damage to property as defined in 720 ILCS 5/21-1 et seq.;
  12. Possession, cultivation, manufacture or delivery of cannabis as defined in 720 ILCS 550/1 et seq.; or
  13. Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1 et seq.

Control means the ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.

Owner means any person, agent, firm or corporation having any legal or equitable interest in the property, including, but not limited to, a mortgagee in possession in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and the right to the present use and enjoyment of the premises, or an occupant who can control what occurs on the property.

Permit means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

Person in charge means any person in actual or constructive possession of a property, including, but not limited to, an owner or occupant of property under his or her domain, ownership or control.

Property means any real property, including land in that which is affixed, incidental or pertinent to land, including, but not limited to, any premises, room, house, building, or structure or any separate part or portion thereof, whether permitted or not.

(Code 2024, § 4.4.8(B))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.030 Remedy

  1. In the event a court determines property to be a chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than 30 days, but not more than 180 days, or the court may employ any other remedy deemed by it to be appropriate to abate the nuisance.
  2. In addition to the remedy provided in subsection (a) of this section, the court may impose upon the owner of the property a civil penalty in the amount of up to $100.00 per day, payable to the village, for each day the owner had actual knowledge that the property was a public nuisance property and permitted the property to remain public nuisance property.
  3. In determining what remedy it shall employ, the court may consider evidence of other conduct, which has occurred on the property, including, but not limited to:
    1. The disturbance of neighbors.
    2. The recurrence of loud and obnoxious noises.
    3. Repeated consumption of alcohol by minors.

(Code 2024, § 4.4.8(C))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.040 Abatement Of Nuisance

The village attorney or the county state attorney may commence an action to abate the public nuisance as described in HVC 26.20.030. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may without notice or bond enter a temporary restraining order or a preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance.

(Code 2024, § 4.4.8(D))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.050 Procedure

When the designated village official or enforcement officer receives two or more police reports documenting the occurrence of nuisance activity on or within a property, the designated village official or enforcement officer shall independently review such reports to determine whether they describe criminal acts. Upon such findings, the official or officer may:

  1. Notify the person in charge in writing that the property is in danger of becoming a chronic nuisance property. The notice shall contain the following information:
    1. The street address or a legal description sufficient for identification of the property.
    2. A statement that the village official has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that may exist, or that have occurred. The village official shall offer the person in charge an opportunity to propose a course of action that the village official agrees will abate the nuisance activities giving rise to the violation.
    3. Demand that the person in charge respond to the village official within ten days to discuss the nuisance activities.
  2. After complying with the notification procedures described herein when the village official receives a police report documenting the occurrence of a third nuisance activity at or within a property and determines that the property has become a chronic nuisance property, the village official shall:
    1. Notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information:
      1. The street address or legal description sufficient for identification of the property.
      2. A statement that the village official has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to his/her findings.
      3. Demand that the person in charge respond within ten days to the village official and propose a course of action that the village official agrees will abate the nuisance activities giving rise to the violation.
      4. Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property believed to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the village official.
      5. A copy of the notice shall be served on the owner at such address as shown on the tax rolls of the county in which the property is located, or the occupant at the address of the property, if these persons are different than the person in charge, and shall be made either personally or by first class mail, postage prepaid.
      6. A copy of the notice shall also be posted at the property after ten days have elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the village official.
      7. The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this section.
    2. After the notification, but prior to the commencement of legal proceedings by the village pursuant to this section, a person in charge stipulates with the village official that the person in charge will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation. If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within 30 days, the village official shall request authorization for the corporation counsel to commence a legal proceeding to abate the nuisance.
  3. Concurrent with the notification procedures set forth herein, the village official shall send copies of the notice, as well as any other documentation which supports legal proceedings, to the corporation counsel.
  4. When a person in charge makes a response to the village official as required in this section, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This subsection does not require the exclusion of any evidence which is otherwise admissible or ordered for any other purpose.

(Code 2024, § 4.4.8(E))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.060 Burden Of Proof; Defenses

  1. In an action seeking closure of a chronic nuisance property, the village shall have the initial burden of showing by preponderance of the evidence that the property is a chronic nuisance property.
  2. It is a defense to an action seeking the closure of chronic nuisance property that the owner of the property at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become a public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic nuisance property.
  3. In establishing the amount of any civil penalty requested, the court may consider any of the following factors if they need be found appropriate, and shall cite those found applicable:
    1. The actions or lack of action taken by the person in charge to mitigate or correct the problem at the property.
    2. Whether the problem at the property was repeated or continuous.
    3. The magnitude or gravity of the problem.
    4. The cooperation of the person in charge with the village.
    5. The cost of the village investigating and correcting or attempting to correct the condition.

(Code 2024, § 4.4.8(F))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.20.070 Emergency Closing Procedures

  1. In the event that it is determined that the property is an immediate threat to the public safety and welfare, the village may apply to the court for such interim relief as is deemed by the designated village official to be appropriate. In such an event, the notification provision set forth in HVC 26.20.050 need not be complied with; however, the village shall make a diligent effort to notify the person in charge prior to a court hearing.
  2. In the event that the court finds the property constitutes a chronic nuisance property, as defined in HVC 26.20.020, the court may order the remedy set out in HVC 26.20.030. In addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this article and permitted the activities to occur, the court may assess a civil fine as provided in HVC 26.20.030.
  3. The court may authorize the village to physically secure the property against use or occupancy in the event the owner fails to do so within the time specified by the court. In the event that the village is authorized to secure the property, all costs reasonably incurred by the village to effect a closure shall be made and assessed as a lien against the property. If used herein, the term "costs" means these costs actually incurred by the village for the physical securing of the property, as well as tenant relocation costs.
  4. The village clerk shall prepare a statement of cost and the village shall thereafter submit the statement to the court for its review. If no objection of the statement is made within the period described by the court, a lien in such amount may be recorded against the property.
  5. Any person who is assessed the cost of closure or civil penalty by the court shall be personally liable for the payment thereof by the village.
  6. A tenant is entitled to their reasonable relocation costs, as those are determined by the court, if, without actual notice, the tenant moved into the property, after either:
    1. The owner or tenant received notice as described herein of the designated village official's determination as described in HVC 26.20.050.
    2. An unknown owner or other agent received notice of an action brought pursuant to this article.
    Any person who is assessed with costs of closure or civil penalty by the court shall be personally liable for the payment thereof to the village.

(Code 2024, § 4.4.8(G))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.24.010 Definitions

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

Health authority means the building inspector for the village or duly authorized representatives.

Property owner means any individual, group of individuals, association, trust, partnership, corporation, or any other entity whose name legal title to the real estate is recorded.

(Code 2024, § 4.4.9(A))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.24.020 Enumeration

A health nuisance includes any act, omission to act, or condition on any real property which injures or threatens the health or safety of one or more persons and shall not be limited to, but shall include, the following:

  1. The storage, collection, accumulation, discharge, or deposition of any offal, fecal matter, filth, refuse, weeds, vegetation, animal carcass, dead organic material, garbage, stagnant or polluted waters, combustible materials and similar materials in any place or on any property so as to threaten the health or safety of the individual or the public or to be conductive to the breeding of flies, rats, or other vermin, or to the prejudice of others.
  2. The presence of rats, flies, or other vermin.

(Code 2024, § 4.4.9(B))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.24.030 Investigation

The health authority shall investigate, upon written complaint of any person, or on its own initiative, any alleged health nuisance in the village.

(Code 2024, § 4.4.9(C))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.24.040 Inspections

The health authority shall have the authority to enter any property at any reasonable time to inspect for health, sanitation, or safety purposes to determine compliance with the provisions of this chapter. In the event the health authority, in attempting to enter any premises for the purpose of making an inspection to carry out the provisions of this article, shall be refused entry, an affidavit may be made under oath to any judge of the circuit court for a warrant authorizing the health authority named in the affidavit to enter upon or into such premises for the purpose of determining the existence of the conditions set forth in the affidavit.

  1. Non-summary abatement.
    1. By owner.
      1. The health authority may serve or cause to be served a notice, in writing, upon the owner, agent, occupant, or person in possession, charge, or control of any lot, building, or premises or item of personally in or upon which any nuisance exists, requiring the person to abate the same within a specified, reasonable time, in such manner as the notice shall direct.
      2. An appeal to the village board of trustees from any notice shall be provided if a written request for a hearing is filed with the health department within the time established for the abatement of the nuisance.
    2. By health department.
      1. If the person so served and notified does not abate the nuisance within the specified reasonable time, the health authority may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:
        1. Seeking to impose a monetary penalty by instituting ordinance enforcement action.
        2. Seeking to enjoin the continuation of the nuisance by filing of a lawsuit in a court of competent jurisdiction.
      2. All expenses incurred thereby shall be paid by the owner, agent, occupant, or person in possession of the property; the expenses shall be a lien upon the property if payment is not made to the health department after presentation of a bill and a reasonable period of time.
  2. Summary abatement. When, in the opinion of the health authority, a nuisance creates an imminent threat of serious injury to persons or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, the health authority shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent, or person in possession, charge, or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the health authority may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the health authority beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as readily possible. All expenses incurred shall be paid by the owner, agent, occupant or person in possession of the property. Said expenses shall be a lien upon the property if payment is not made to the health department after presentation of a bill and a reasonable period of time.

(Code 2024, § 4.4.9(D))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.24.050 Penalties

Any person who violates any provision of this chapter shall be guilty of a petty offense and shall be fined a sum not to exceed $500.00 in accordance with HVC 1.00.140. Each day's violation constitutes a separate offense.

(Code 2024, § 4.4.9(E))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.010 Findings; Declaration Of Nuisance

Public camping is declared to be a nuisance within the village, and regulation of public camping necessary to promote public health. In an effort to address the public health concerns identified above, the president and board of trustees of the village declare it necessary or expedient for the promotion of health or the suppression of diseases, to regulate public camping, as that term is defined in HVC 26.28.030, within the village's corporate limits.

(Ord. No. 2024-05, §§ 2, 3, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.020 Public Camping Not Intended Use Of Public Property

Except for those parcels of property specifically designated by the village in any subsequent ordinance, the village declares that none of its property is permitted nor intended to be used for public camping, as the term is defined in HVC 26.28.030.

(Ord. No. 2024-05, § 4, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.030 Definitions

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

Bedding means a sleeping bag, or any other material, used for bedding purposes.

Campsite means any physical space that is not within an established structure, where bedding or any stove or fire is placed, established or maintained for the purpose of maintaining a temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack or any other structure, or any vehicle or part thereof.

Exempt personal property means personal property that:

  1. Has no apparent utility or monetary value;
  2. Is unsanitary to store or otherwise maintain;
  3. Is a weapon possessed illegally;
  4. Is drug paraphernalia;
  5. Constitutes items appearing to be stolen or otherwise appearing to be evidence of a crime;
  6. Constitutes items which the person cannot demonstrate the requisite lawful authority to possess; or
  7. Constitutes items of food which can reasonably be expected to spoil or otherwise perish within the next 30 days.

Personal property means any item reasonably recognizable as belonging to a person and having apparent utility or monetary value, except for exempt personal property.

Public camping means to cause or participate in the establishment of, or the act of remaining in or at a campsite.

(Ord. No. 2024-05, § 5, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.040 Public Camping Prohibited

  1. No person may sleep, nor otherwise engage in public camping, on a public sidewalk, street, alley, lane, other public right-of-way, park, bench, or any other publicly owned property, nor on or under any bridge or viaduct, at any time.
  2. No person may sleep, nor otherwise engage in public camping, in any pedestrian or vehicular entrance to public or private property abutting a public right-of-way.
  3. No person may sleep, nor otherwise engage in public camping, on any real property owned or otherwise maintained by the village.
  4. No person may park a vehicle overnight within the village for the purpose of sleeping or otherwise engaging in public camping in the vehicle.
  5. For the purposes of this section, the act of parking or leaving a vehicle parked for two consecutive hours or remaining within a public vehicle on any property under the jurisdiction of the village for the purpose of public camping, for two consecutive hours without permission from the president and board of trustees of the village, between the hours of 12:00 midnight and 6:00 a.m., shall be considered a violation of this article.

(Ord. No. 2024-05, § 6, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.050 Exceptions To Prohibition

  1. Notwithstanding the foregoing, it shall not be a violation to engage in public camping when done:
    1. In a manner specifically authorized by this Code;
    2. After a formal declaration of the village in emergency circumstances; or
    3. Upon resolution of the president and board of trustees of the village.
  2. A resolution of the president and board of trustees may exempt a special event from the prohibitions of this article if the president and board of trustees of the village finds such exemption to be in the public interest and consistent with the goals and objectives of the president and board of trustees of the village, and with such conditions imposed as the president and board of trustees of the village deems necessary. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the village for any liability, damage or expense incurred by the village as a result of the activities of the applicant. Any findings by the president and board of trustees of the village shall specify the exact dates and location covered by the exemption.

(Ord. No. 2024-05, § 7, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.060 Removal Of Campsite

Removal of a campsite in violation of this article may occur under the following circumstances:

  1. Prior to removing a campsite, the village shall post a notice 24 hours in advance of the removal, unless immediate removal of the campsite is deemed to be necessary for one of the reasons in this subsection. If such immediate removal is undertaken, the basis for causing the immediate removal of such campsite should be adequately documented by the appropriate persons. Reasons for immediate removal include the following:
    1. Immediate removal of the campsite is necessary to maintain access to a property;
    2. Immediate removal of the campsite is necessary to maintain the sanitary condition of a property;
    3. Immediate removal of the campsite is necessary because the campsite is an obstruction to any public right-of-way; or
    4. Immediate removal of the campsite is necessary because the campsite poses a risk to the health and safety of the village and its residents.
  2. Upon any action pursuant to this section, the person causing such action to be taken shall inform an appropriate agency delivering social services to homeless individuals in the village of the location of the campsite and the persons found to be in violation of this article, so the agency may determine whether it would be appropriate to offer its services to those persons.
  3. If a 24-hour notice has been posted, and the 24-hour notice period has passed, then the campsite, as well as all personal property thereon, shall be removed by the appropriate persons acting on behalf of the village.
  4. No portion of this section shall be construed to prohibit any person found to be engaging in public camping from removing their personal property from the campsite; however, such personal property that constitutes exempt personal property and which a reasonably prudent law enforcement officer, exercising the applicable constitutional standard, would conclude that the exempt personal property constitutes items appearing to be stolen or otherwise appearing to be evidence of a crime, or items which the person cannot demonstrate the requisite lawful authority to possess, may be retained and stored as evidence.

(Ord. No. 2024-05, § 8, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.070 Disposition And Release Of Personal Property

  1. All personal property removed from any campsite which is not exempt personal property shall be stored by the designated village department, for a minimum of 30 days, during which time it shall be reasonably available for and released to an individual confirming ownership.
  2. All exempt personal property may be disposed of or retained as evidence by the designated village department.

(Ord. No. 2024-05, § 9, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.28.080 Penalty; Mitigation

  1. The penalty for any person's first violation of this article within a rolling 24-month period shall be $75.00.
  2. The penalty for any person's second violation of this article within a rolling 24-month period shall be $150.00.
  3. The penalty for any person's third violation of this article within a rolling 24-month period shall be $350.00.
  4. The penalty for any person's fourth violation of this article within a rolling 24-month period shall be $500.00.
  5. The penalty for any person's fifth violation of this article within a rolling 24-month period shall be $750.00.
  6. The penalty for any person's sixth or subsequent violation of this article within a rolling 24-month period may be a monetary penalty of $750.00 or incarceration for a period not exceeding the maximum time allowed pursuant to 65 ILCS 5/1-2-9.
  7. As a substitute for any monetary penalty, and if consented to by the village, the penalty assessed to any person found in violation of this article may be that the person must engage in public service by cleaning the rights-of-way and other public facilities of the village for an amount of time that, if the person found to have violated this article was being paid the minimum wage under state law, the amount paid for that person's labors would have been equal to the monetary penalty assessed under this article.
  8. The village is empowered to exercise all powers afforded to it, at law or in equity, to collect any fines assessed against a person pursuant to this article, including, but not limited to, seeking incarceration of the person for a period of time that conforms with 65 ILCS 5/1-2-9.
  9. In the imposition of any penalty pursuant to this section, the penalty shall be mitigated by whether or not the person immediately removed all personal property and litter, including, but not limited to, bottles, cans, and garbage, from the campsite after the person was informed that the person was in violation of this article.
  10. A separate offense of this article shall be deemed committed on each day on which a violation occurs or continues.
  11. In addition to any other remedy provided by law or this article, any person found in violation of this article may be immediately removed from the premises where the campsite is located.

(Ord. No. 2024-05, § 10, 7-22-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.010 Purpose

The village board finds that vacant commercial buildings are unsightly, unsafe, a nuisance and create a hazard for the neighborhood and citizens, and have a negative effect on the community. Further, many commercial buildings, once vacant, remain that way for years. The purpose of this article is to protect the public health, safety and welfare by establishing a program for identifying and registering vacant commercial buildings, to set forth the responsibilities of owners of vacant commercial buildings, and to speed the rehabilitation of vacant structures.

(Ord. No. 2024-06(1), § 9-19-1, 7-22-2024; Ord. No. 2024-06(2), § 4-1-1, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.020 Definitions

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

Commercial building means one in which at least 50 percent of its floor space is used for commercial activities, such as retail, the providing of services, or food service (restaurants and the like); a space that allows businesses to carry out day-to-day operations and serve customers or clients. As such, a commercial property does not strictly need to be a store or restaurant; it can also be a space in which income is being generated by providing services to people, such as a law office or a doctor's office.

Emergency situation means where the condition of the building, structure, or any part thereof is an imminent, immediate, and substantial danger to the health or safety of anyone on the premises or the general public. Such conditions include, but are not limited to, fire hazards; falling or dilapidated buildings, structures, or any part thereof; or such condition resulting from a sudden event/occurrence which causes loss of significant water, heat, ventilation, or lack of sanitary conditions.

Enforcement officer means individuals charged with enforcing this Code.

Owner means the person or entity shown to be the owner on the records of the county recorder, those identified as the owner on a vacant building registration form, a mortgagee in possession, a mortgagor in possession, assignee of rents, receiver, executor, trustee, lessee, or other person, firm or corporation in control of the premises. Any such person shall have joint and several obligations for compliance with the provisions of this article. This definition specifically excludes any realtor or listing agent for the subject property, unless such person is also the owner of record.

Unoccupied means a commercial building which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by an enforcement officer of the village, a court of competent jurisdiction, or administrative adjudication hearing officer. The term "unoccupied" shall also mean a building which is empty or not lawfully occupied on a regular basis for the usual and customary purposes for which the building is designed. In determining whether a building is unoccupied, the enforcement officer may consider these factors, among others: whether lawful business activity has ceased; the building is substantially devoid of contents or has minimal fixtures or personal property in the building; the building lacks utility service; the building is subject to a foreclosure action; and the presence or reoccurrence of violations of village codes.

Unsecured means any structure which is not occupied by a legal or equitable owner thereof, or by a lessee of a legal or equitable owner, and into which there are one or more unsecured openings such as broken windows, unlocked windows, broken doors, unlocked doors, holes in exterior walls, holes in foundation stem walls, holes in the roof, broken basement or cellar hatchways, unlocked basement or cellar hatchways, or other similar unsecured openings which would allow an unauthorized entry into the structure.

Vacant building means a building or structure which is any one or more of the following:

  1. Unoccupied and unsecured;
  2. Unoccupied and an unsafe building as determined by the enforcement officer;
  3. Unoccupied and an enforcement officer has issued an order to correct code violations;
  4. Illegally occupied.

(Ord. No. 2024-06(1), § 4-1-2, 7-22-2024; Ord. No. 2024-06(2), § 4-1-2, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.030 Vacant Building Registration

  1. The owner of a vacant commercial building shall register with the village clerk's office no later than 30 days after any building becomes a vacant building. The obligation to register a building as a vacant building shall be on the owner of the building. The village may give notice to an owner requiring registration as indicated, but the obligation to register rests with the owner whether or not the owner receives any notice. An enforcement officer may identify vacant commercial buildings through a routine inspection process.
  2. A notice to register issued by the village clerk shall be served either in person or by first class mail to the owner of record and any registered property manager, if known. If the notice is served by first class mail, the notice shall be sent to the owner's and manager's last known address and the date of mailing shall be the date of service. The notice to register may also include information outlining programs available which may be useful to implement a rehabilitation plan.
  3. The registration shall be submitted on forms provided by the village clerk's office and shall include the following information:
    1. A description of the premises, including square footage, number of stories, age of the building, and most recent use of the building;
    2. The name, street address, and telephone numbers of the owner;
    3. The name, street address, and telephone number of any registered property manager, or, if none, another responsible person who can be reached and respond if an emergency situation arises;
    4. The name and street address of all known lienholders of record, and all other parties with an ownership interest in the building;
    5. A vacant building plan as described in subsection (d) of this section.
  4. The owner shall submit a vacant building plan, which must be approved by the building inspector and village board. The plan shall contain a statement as to which of the following three options for the property the owner has chosen for the property, as well as the accompanying information:
    1. Building to be demolished. If the building is to be demolished, the owner shall provide a demolition plan indicating the proposed timeframe for completion of the demolition.
    2. Building to remain vacant. If the building is to continue to be vacant, the owner shall provide a plan for securing the building, along with the procedure for maintaining the building and property. The owner shall also provide a statement as to the reason why the building will continue to be vacant.
    3. Building to be rehabilitated. If the building is to be returned to appropriate occupancy or use, the owner shall provide a plan for rehabilitating the building. The rehabilitation plan shall provide for completion of the rehabilitation within a reasonable period commensurate with the condition of the building from the date of submission of the plan and will include a plan progress review every four months. Any repairs, improvements, or alterations to the property must comply with all applicable village codes, including, but not limited to, zoning and building codes. A plan progress review may be extended by the building inspector, or his designee, but only for good cause shown and upon receipt of a written statement from the owner detailing the reasons for the requested extension.
  5. The owner shall comply with all applicable laws and codes in meeting the obligations under the plan chosen. The owner shall notify the village clerk's office of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions shall be in writing and must meet the approval of the building inspector or his designee.
  6. The owner and any subsequent owner shall keep the building secured and safe and the building and property properly maintained, according to all applicable codes.
  7. Failure of the owner or any subsequent owner to meet the obligations of the plan or maintain the building and property as required herein or by other village codes shall be grounds for the village to pursue any and all violations and to impose the fees provided in this article and any applicable penalties provided in this Code against the owner.
  8. Any new owner shall register or re-register the vacant building with the village clerk's office within 30 days of any transfer of an ownership interest in a vacant building. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the building inspector and village board.
  9. The owner of a vacant commercial building shall pay an annual registration fee as provided in the village fee schedule. The registration fee is due and payable upon registration. The annual registration fee is due and payable on each anniversary thereafter until the building is demolished or rehabilitated. In the event the owner has obtained and maintained permits for repairs to the building and is making progress on such repairs, the annual registration fee shall be held in abeyance. In the event that the permits expire or the owner is not making progress as outlined in the rehabilitation plan, the owner shall pay such annual registration fee.
  10. The owner of a vacant commercial building shall be required to show proof of insurance showing liability limits for the property. A copy of the certificate of insurance shall be attached to the registration form.
  11. If owner has submitted a rehabilitation plan and the owner has obtained and maintained permits for repairs to the building and is making progress on such repairs, the annual registration fee shall be held in abeyance. In the event that the permits expire or the owner is not making progress as outlined in the rehabilitation plan, the owner shall pay such annual registration fee.
  12. If the owner of a vacant building fails to register, pay the fees, and maintain the required insurance, the owner shall be subject to the penalties set forth in this article.
  13. All fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. The fees will be disclosed by the seller to the buyer prior to the sale. If the fees are not paid prior to any transfer, the new owner will pay the annual fee no later than 30 days after the transfer of ownership, and the subsequent annual fees will be due on the new anniversary date. If the building is no longer subject to the provisions of this article within such 30-day period, the new owner will not be required to pay the annual fee.
  14. Any owner who fails to pay an annual registration fee when due shall be charged a late fee as provided in the village fee schedule per month or any part thereof for which payment is not received within 30 days from the date of the demand for payment or an invoice.

(Ord. No. 2024-06(1), § 4-1-3, 7-22-2024; Ord. No. 2024-06(2), § 4-1-3, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.040 Maintenance

  1. The owner of a vacant commercial building will take such steps and perform such acts as may be required of him from time to time to ensure that the building and its adjoining yard remain safe and secure and do not present a hazard to the adjoining property or the public. Owners will be responsible for maintaining their buildings and structures so that they do not become an unoccupied hazard. Any building that is vacant or about to become vacant requires at least one access into the building for ingress and egress purposes. When a building becomes vacant for at least 60 days, the owner shall post a "No Trespassing" sign on the building or property in at least two conspicuous places.
  2. The owner shall protect and maintain the exterior of the building according to all applicable codes, as well as the following:
    1. Exterior walls, including foundations, will be maintained such that water does not penetrate into basements, cellars, or other interior areas. All exterior walls and foundations must be free of holes and crevices.
    2. Exterior doors, windows, skylights and similar openings will be maintained weathertight.
    3. Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.
    4. Roofs shall be maintained in a watertight condition.
    5. Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative.
    6. The covering for glass doors and windows may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly nor will materially detract from the general appearance of the building or the neighborhood and, when possible, secured by normal means.
    7. The covering for broken doors and cracked or broken windows may consist of glass, Plexiglas, plywood or similar materials finished and maintained in a manner recommended and approved by the building inspector or his designee. If plywood or similar material is used, the material shall be cut to fit the opening and painted the same color scheme as the building.
    8. Windows that are not cracked or broken may be covered with interior blinds, curtains, or shades. The premises shall be kept free of insects and vermin and will be treated if necessary.
    9. Any excavation or other attractive nuisance must be filled in or properly closed.
    10. All exterior signposts or hardware, awnings, and lighting systems, if not removed, shall be maintained in a non-deteriorated and safe condition.
  3. The owner shall protect and maintain the interior of the building according to all applicable health and life safety codes, as well as the following:
    1. Structural members shall be maintained to resist and prevent deterioration.
    2. Unheated attics, spaces below flat roofs, and crawlspaces shall be ventilated to minimize deterioration.
    3. Ceilings, walls, floors and stairways shall be maintained in a safe and sound condition.
  4. The owner shall further maintain the premises as follows:
    1. Shall not permit garbage and refuse to accumulate;
    2. Shall not permit insects, vermin or rodents to infest the premises;
    3. Shall not discard, abandon, or store refrigerators or similar equipment with locking mechanisms without first removing the locking devices or the hinges of the doors;
    4. Shall not store or otherwise allow inoperable, abandoned or junked vehicles on the premises;
    5. Shall maintain chimneys, smokestacks, flues, gas vents, smoke pipes and connectors structurally safe and smoketight;
    6. If the building is to be demolished or remain vacant, then, within ten days of registering the building, shall disconnect all fuel, gas, water, and other utilities at the mains and drain the water pipes; or, if the building is going to be rehabilitated, heat the building to avoid freezing pipes, maintain fuel gas pipe systems gastight, safe and in operative condition, and maintain water pipes to avoid leaks and breakages;
    7. Shall maintain fuel tanks so that they will not become a hazard, or discontinue use of the fuel tanks consistent with any applicable codes, laws or regulations;
    8. Shall maintain the domestic water supply system such that it is connected to an approved source, will not be subject to contamination and will not be connected to unsafe water supplies; or disconnect the water supply system at the main and completely drain the system;
    9. Shall maintain stormwater drainage systems so as to function properly and be kept free from obstructions, leaks and defects; maintain sewage systems so as to function properly and be kept free from obstructions, leaks and defects, or shall be sealed so as to prevent accumulation of sewage gases into the building;
    10. Shall maintain electrical fixtures, devices, wiring and systems in safe working condition so as to avoid a potential source of ignition or shock; or disconnect the service at the supply;
    11. Shall maintain the yard by trimming trees, bushes and shrubs, mowing the grass, and keeping the premises free of physical hazards and rodent harborage and infestation.

(Ord. No. 2024-06(1), § 4-1-4, 7-22-2024; Ord. No. 2024-06(2), § 4-1-4, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.050 Exemption

A building which has suffered such damage caused by fire or extreme weather conditions, so as to be subject to the provisions of this article, will be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event. The property owner may submit a written request for an extension of the exemption period to the village clerk. The village clerk may grant such extended exemption period only for good cause shown. The request shall include the following:

  1. A description of the premises;
  2. The reason for the request for exemption;
  3. The names and street addresses of the owner; and
  4. A statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.

(Ord. No. 2024-06(1), § 4-1-5, 7-22-2024; Ord. No. 2024-06(2), § 4-1-5, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.060 Inspections

By registering a vacant building, the owner consents to inspection of the premises for the purpose of enforcing and ensuring compliance with the provisions of this article. Upon written request of the enforcement officer, the owner shall provide reasonable access to all interior portions of a vacant building in order to permit a complete inspection. The inspection shall be scheduled at a date and time convenient for both the owner and inspector. Nothing contained herein will diminish the owner's right to insist upon the village obtaining an administrative search warrant before conducting any inspection. In the case of an emergency, this section shall not apply.

(Ord. No. 2024-06(1), § 4-1-6, 7-22-2024; Ord. No. 2024-06(2), § 4-1-6, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.070 Other Laws, Ordinances And Regulations; Other Enforcement

This article shall not be construed to prevent the enforcement of other laws, codes, ordinances and regulations which prescribe standards other than those provided herein, and in the event of conflict, the most restrictive shall apply. The registration of a vacant building pursuant to this article shall not preclude action by the village to demolish or force rehabilitation of the building as provided in this Code or other laws.

(Ord. No. 2024-06(1), § 4-1-7, 7-22-2024; Ord. No. 2024-06(2), § 4-1-7, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025

26.32.080 Penalties

Any person found guilty of violating any provision of this article shall be fined not less than $250.00 nor more than $500.00 for each offense. Each day a violation continues shall be deemed a separate offense. In addition to any fine imposed under this article, the offender shall be ordered to pay all of the costs and fees incurred by the village in prosecuting the violation, which shall include, but not be limited to, the costs associated with an administrative adjudication proceeding or circuit court proceeding, and reasonable attorney fees.

(Ord. No. 2024-06(1), § 4-1-8, 7-22-2024; Ord. No. 2024-06(2), § 4-1-8, 11-25-2024)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.010 Disturbing The Peace

It is unlawful and constitutes a nuisance by the driver of any vehicle to so drive the same at such a speed and in such a manner to cause the tires of the vehicle to screech or make a noise loud enough to disturb any resident of the village.

(Code 2024, § 4.4.4)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.020 Spillage

It is a nuisance and unlawful for any person to operate any vehicle so loaded that any part of its load spills or drops on any street or avenue in the village.

(Code 2024, § 4.4.5)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.030 Inoperable Motor Vehicles
  1. For purposes of this section, the term "inoperable motor vehicle" means a vehicle from which, for a period of at least seven days, the engine, wheels, or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. The term "inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
  2. Inoperable motor vehicles are declared to constitute a nuisance.
  3. Persons in possession of the realty on which the nuisance exists shall be given written notice to remove the same within a reasonable period of time, and failure to do so will be considered a violation of this section.

(Code 2024, § 4.4.7)

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.110 Definitions

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

Abandoned vehicle means all vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.

Derelict vehicle means any inoperable, unregistered or discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner's land contrary to the public policy expressed in HVC 26.12.120.

(Code 2024, § 4.4.1(K)(2)(b))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.120 Findings, Purpose, And Policy
  1. The village board of trustees find that derelict and abandoned vehicles constitute a safety hazard and a public nuisance; are detrimental to the health, safety and welfare of the general public by harboring disease, providing breeding places for vermin, inviting plundering, creating fire hazards and presenting physical dangers to children and others; produce scenic blights which degrade the environment and adversely affect land values and the proper maintenance and continuing development of the village; represent a resource out of place and an energy loss to the village economy; and require municipal government attention in order to ensure the expeditious removal and recycling of the derelict and abandoned vehicles.
  2. Based on the findings in subsection (a) of this section, the board declares that it is the policy of the village to:
    1. Prohibit the abandonment of vehicles and the retention of derelicts, and to enforce such prohibition by law while reminding vehicle owners of their own individual responsibility to dispose of such vehicles.
    2. Encourage the development of procedures and techniques to facilitate the expeditious removal of derelict and abandoned vehicles from public or private premises.

(Code 2024, § 4.4.1(K)(1))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.130 Storing And Parking Prohibited; Exceptions
  1. No person shall park, store, leave or permit the parking, storing or leaving of any derelict or abandoned motor vehicle, whether or not attended, on any public or private property in the village for a period of time in excess of 72 hours. The presence of a derelict or abandoned vehicle, or parts thereof, on private or public property, is declared a public nuisance which may be abated as such in accordance with the provisions of this chapter.
  2. This division shall not apply to any vehicle enclosed within a building on private property or to any vehicle stored or parked on the premises of a business of a business enterprise, actively operated with an office on the premises, and being properly operated in the appropriate business zone, pursuant to the zoning ordinances of the village, or to any vehicle in operable condition specifically adapted or designated for operation on drag strips or raceways.

(Code 2024, § 4.4.1(K)(2)(a))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025
26.12.140 Abatement Authority And Procedure
  1. Enforcement officials. The designated village official or enforcement officer, or his authorized agent, is authorized to abate or take all necessary action to abate any nuisance existing in the village.
  2. Notice to remove. When it comes to the attention of the designated village official or enforcement officer that a violation of this chapter exists in the village, a notice in writing giving notice of the existence of the nuisance and demanding its removal shall be given as provided in this chapter.
  3. Responsibility for removal. Upon proper notice and opportunity to be heard, the owner of the derelict or abandoned vehicle and the owner or occupant of the private property on which the same is located, whichever party having been so notified, shall be responsible for its removal. In the event of removal and disposition by the village, the owner or occupant of the private property where same is located shall be liable for the expenses incurred.
  4. Notice procedure. The assigned village department, or agent thereof, shall give notice of removal to the registered owner of the vehicle, if the owner can be ascertained and to the owner or occupant of the private property where the vehicle is located at least seven days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted upon the vehicle itself or on a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the registered owner of the vehicle, if the owner can be identified, at his last known address.
  5. Content of notice. The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that, upon failure to comply with the notice to remove, the village or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property.
  6. Request for hearing. The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the public safety committee of the president and board of trustees of the village within the seven-day period of compliance prescribed herein for the purpose of defending the charge by the village.
  7. Hearing procedure. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of the hearing at least three days in advance thereof. At any such hearing, the village and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
  8. Removal of motor vehicle from property. If the violation described in the notice has not been remedied within the seven-day period of compliance or, in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the public safety committee, then the designated village official or enforcement officer, or his designee, shall have the right to take possession of the derelict or abandoned vehicle and remove it from the premises. It is unlawful for any person to interfere with, hinder or refuse to allow such person to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.
  9. Notice of removal. Within 48 hours of the removal of such vehicle, the designated village official or enforcement officer shall give notice to the registered owner of such vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that the vehicle has been impounded and stored for violation of this chapter. The notice shall give location of where the vehicle is stored and the costs incurred by the village for removal.
  10. Disposition of vehicles. Removed vehicles shall be impounded until lawfully claimed or disposed of in accordance with the disposal procedures of 625 ILCS 5/4-203 et seq.

(Code 2024, § 4.4.1(K)(2)(c)--(k))

HISTORY
Adopted by Ord. 2025-04 on 10/27/2025