NUISANCES
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))
(Code 2024, § 4.4.1(B), (C))
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))
(Code 2024, § 4.4.1(D), (F)—(H))
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))
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))
(Code 2024, § 4.4.2(C), (D))
(Code 2024, § 4.4.2(E))
(Code 2024, § 4.4.2(F))
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))
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))
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))
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))
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:
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))
(Code 2024, § 4.4.8(C))
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))
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:
(Code 2024, § 4.4.8(E))
(Code 2024, § 4.4.8(F))
(Code 2024, § 4.4.8(G))
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))
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:
(Code 2024, § 4.4.9(B))
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))
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.
(Code 2024, § 4.4.9(D))
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))
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)
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)
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:
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)
(Ord. No. 2024-05, § 6, 7-22-2024)
(Ord. No. 2024-05, § 7, 7-22-2024)
Removal of a campsite in violation of this article may occur under the following circumstances:
(Ord. No. 2024-05, § 8, 7-22-2024)
(Ord. No. 2024-05, § 9, 7-22-2024)
(Ord. No. 2024-05, § 10, 7-22-2024)
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)
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:
(Ord. No. 2024-06(1), § 4-1-2, 7-22-2024; Ord. No. 2024-06(2), § 4-1-2, 11-25-2024)
(Ord. No. 2024-06(1), § 4-1-3, 7-22-2024; Ord. No. 2024-06(2), § 4-1-3, 11-25-2024)
(Ord. No. 2024-06(1), § 4-1-4, 7-22-2024; Ord. No. 2024-06(2), § 4-1-4, 11-25-2024)
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:
(Ord. No. 2024-06(1), § 4-1-5, 7-22-2024; Ord. No. 2024-06(2), § 4-1-5, 11-25-2024)
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)
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)
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)
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)
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)
(Code 2024, § 4.4.7)
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))
(Code 2024, § 4.4.1(K)(1))
(Code 2024, § 4.4.1(K)(2)(a))
(Code 2024, § 4.4.1(K)(2)(c)--(k))
NUISANCES
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))
(Code 2024, § 4.4.1(B), (C))
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))
(Code 2024, § 4.4.1(D), (F)—(H))
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))
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))
(Code 2024, § 4.4.2(C), (D))
(Code 2024, § 4.4.2(E))
(Code 2024, § 4.4.2(F))
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))
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))
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))
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))
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:
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))
(Code 2024, § 4.4.8(C))
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))
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:
(Code 2024, § 4.4.8(E))
(Code 2024, § 4.4.8(F))
(Code 2024, § 4.4.8(G))
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))
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:
(Code 2024, § 4.4.9(B))
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))
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.
(Code 2024, § 4.4.9(D))
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))
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)
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)
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:
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)
(Ord. No. 2024-05, § 6, 7-22-2024)
(Ord. No. 2024-05, § 7, 7-22-2024)
Removal of a campsite in violation of this article may occur under the following circumstances:
(Ord. No. 2024-05, § 8, 7-22-2024)
(Ord. No. 2024-05, § 9, 7-22-2024)
(Ord. No. 2024-05, § 10, 7-22-2024)
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)
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:
(Ord. No. 2024-06(1), § 4-1-2, 7-22-2024; Ord. No. 2024-06(2), § 4-1-2, 11-25-2024)
(Ord. No. 2024-06(1), § 4-1-3, 7-22-2024; Ord. No. 2024-06(2), § 4-1-3, 11-25-2024)
(Ord. No. 2024-06(1), § 4-1-4, 7-22-2024; Ord. No. 2024-06(2), § 4-1-4, 11-25-2024)
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:
(Ord. No. 2024-06(1), § 4-1-5, 7-22-2024; Ord. No. 2024-06(2), § 4-1-5, 11-25-2024)
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)
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)
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)
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)
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)
(Code 2024, § 4.4.7)
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))
(Code 2024, § 4.4.1(K)(1))
(Code 2024, § 4.4.1(K)(2)(a))
(Code 2024, § 4.4.1(K)(2)(c)--(k))