Chapter 6 - Board of Health Regulations
 Sections
 Article I - Generally
1 Board
2 Duties
3 Powers
Article II - Litter, Garabage and Trash
10 Definitions
11 Litter in public places
12 Placement of litter in receptacles
13 Merchants duty
14 Persons in vehicles
15 Truck loads
16 Mail and newspapers
17 Litter from aircraft
18 Litter on private property
19 Clearing of litter
20 Penalties
Article III - Weeds & Grasses
21 Nuisance Declared
22 Violation Defined
23 Weeds or tall grass defined
24 Grass or weeds; Duty to cut; Noncompliance; Remedy of city
25 Collection; Minimum charge; Notice of lien; Contents; Release
26 Mandatory Injunction
27 Incorporation of Applicable Statutory Provisions
28 Penalties

 ARTICLE I.  GENERALLY.

Sec. 6-1 Board.

That the President of the Board of Trustees, the Village Clerk and the County Health Inspector shall constitute the Board of Health for the Village of Pearl City, Illinois.

Sec. 6-2  Duties.

It shall be the duty of the Board of Health to enforce all the rules and regulations of the Department of Health of the State of Illinois and all Health ordinances and regulations of the Village of Pearl City, Illinois.

Sec. 6-3  Powers.

 

The Board of Health shall have the power to make and enforce such rules and regulations as may be necessary to safeguard public health, but the said rules and regulations shall in no way conflict with the laws of the State of Illinois.

 

ARTICLE II.  LITTER, GARBAGE & TRASH.

Sec. 6-10  Definitions.

As used in this ordinance:

Garbage is a putrescible animal and vegetable wastes resulting from handling, preparation, cooking and consumption of food.

Litter is "garbage", "refuse", and "rubbish" as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety to welfare.

Refuse is all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

Rubbish is nonputrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, printed mater, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, metal crockery and similar materials, and a motor vehicle not currently licensed by the State of Illinois or other state or country, exposed to the view of the general public and not either enclosed in a building or structure or located on the sales lot of a licensed automobile dealer.

Sec. 6-11  Litter in public places.

No person shall throw or deposit litter in or upon any street, sidewalk or other public place except in public or private receptacles for collection, or in authorized dumps.

Sec. 6-12  Placement of litter in receptacles.

Persons placing litter in private receptacles shall do so in such a manner as to prevent it from being carried therefrom by the elements.

Sec. 6-13  Merchants duty.

Persons owning or occupying places of business shall keep the sidewalk in front of their business premises free of litter.

Sec. 6-14  Persons in vehicles.

No persons, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place, or upon private property.

Sec. 6-15  Truck loads.

No person shall drive or move any vehicle unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or shaken therefrom.

Sec. 6-16  Mail and newspapers.

Mail and newspapers shall be placed on private property so as to prevent their being carried by the elements.

Sec. 6-17  Litter from aircraft.

No person in an aircraft shall throw, drop or deposit with the village any litter or any other object.

Sec. 6-18  Litter on private property.

No person shall throw, keep, maintain, or deposit litter on any private property, whether occupied or not and whether owned or controlled by such person or not, except that the owner or person in control of private property may maintain receptacles for collection so that litter will not be carried or deposited by the elements upon any streets, sidewalk or other public or private place.

Sec. 6-19  Clearing of litter.

Upon the failure or refusal of any owner or agent to properly dispose of litter, after reasonable notice, the Village may arrange for the disposing of such litter.  The owner or agent shall pay the cost of such work, plus ten percent, in addition to criminal penalties.

Sec. 6-20  Penalties.

Any person, firm, co-partnership, association or corporation found guilty of violating any of the provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense, it being permissible for an alleged offender to post and deposit his Illinois Driver's License in lieu of bond for such offense.

ARTICLE III - WEEDS & GRASSES

Sec. 6-21 Nuisance Declared.

Whoever shall suffer or permit any cockleburs, thistles, burdocks or rank or noxious weeds, grass or vegetation to grow or be upon any lot or premises owned, occupied or controlled by him or her shall be deemed guilty of maintaining a nuisance.

Sec. 6-22  Violation defined.

Whoever shall suffer or permit weeds or tall grasses to grow or be upon   any lot or premises owned, occupied or controlled by him or her shall be deemed guilty of maintaining a nuisance.

Sec. 6-23 Weeds or tall grass defined

Under this chapter, weeds or tall grasses shall be defined as grass or weeds, including,  but not limited to, burdock, ragweed (giant), ragweed (common), thistle, cocklebur,  jimson, vervain, common milkweed, wild carrot, poison ivy, wild mustard, rough  pigweed, lambs-quarter, wild lettuce, curled dock, nettles, smartweeds (all varieties),  poison hemlock and wild hemp, when such grass or  weeds shall have reached a height in  excess of eight inches.

Sec. 6-24 Grass or weeds; Duty to cut; Noncompliance; Remedy of city

(a) If any owner of real estate or tenant of property permits weeds and /or tall grass in excess of six inches in height to remain standing upon his or her property, the city may issue a citation to the owner or tenant to cut or remove the grass or weeds.  The village of Pearl City, in its sole discretion, may post a warning notice to the owner or tenant prior to issuing a citation.  Posted notices shall be in at least twelve-point type and prominently posted on or near the property.

(b) In addition to issuing a citation, and concurrent with same, the city or its agent may cut or remove the grass or weeds and recover its expenses for such work.

Sec. 6-25 Collection; Minimum charge; Notice of lien; Contents; Release

(a) Collection; Minimum Charge. 

If grass or weeds or cut by the city, or   by someone directed to cut them on its behalf, the city may assess actual costs  for same, but in no event less than forty dollars ($50.00) per hour .  The city shall take reasonable steps to collect its  expenses for such work.  Reasonable steps may include written notice to the owner of record followed by placement in collection and / or filing of a suit to collect in Circuit Court.  Such suit may include collection accumulated cuttings and associated labor and multiple administrative fees together with reasonable attorney’s fees and court costs. The city may also file a lien against the real estate as provided in this section. These remedies shall not be considered mutually exclusive.
 

(b) Notice of Lien. 

If grass or weeds are cut by the city or by someone  directed to cut them on its behalf, a notice of lien for expenses incurred shall be  recorded in the office of the County Clerk and Recorder within sixty days after the  expense is incurred.

(c) Contents. 

   The notice of lien shall consist of a sworn statement setting out the  following: 

   1) A description of the real estate sufficient for identification thereof;
   2) The amount of money representing the cost and expense incurred or payable for the service; and
   3) The date or dates when said cost and expense were incurred.
 

(d)  Release of Lien.

Upon payment of the cost and expense, the lien shall be released  by the city or person in whose name the lien has been filed, and the release shall be filed  of record in the same manner of filing notice of lien.

Sec. 6-26 Mandatory Injunction
 

In addition to all other penalties and remedies provided for this chapter, the City shall  have the right to seek and obtain a mandatory injunction against the owner of any such  real estate who is in violation of any of the provisions of this chapter, enjoining and  ordering him or her to cut grass and  grass or weeds in compliance with the provisions of  this chapter.

Sec. 6-27 Incorporation of Applicable Statutory Provisions
 

All applicable and pertinent provisions of 65 ILCS 5/11-20-7, as heretofore and hereafter amended, are incorporated herein by reference, subject to the provisions of  section 202.05 (b) of the Administrative Code.

Sec. 6-28 Penalties.
Any person, firm, co-partnership, association or corporation found guilty of violating any of  the provisions of this ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00) for each offense, it being permissible for an alleged  offender to post and deposit his Illinois Driver's License in lieu of bond for such offense.