Title 7 PUBLIC PEACE, SAFETY AND MORALS
Chapter 7.56 WEEDS
7.56.010 Defined.
7.56.020 Prohibited.
7.56.030 Noxious or unsanitary weeds deemed nuisance.
7.56.040 Combustible grass and weeds deemed nuisance.
7.56.050 Removal--Notice.
7.56.060 Failure to remove--Removal by village.
7.56.070 Nonpayment of removal costs--Lien.
7.56.080 Lien--Enforcement.
7.56.010 Defined.
"Weeds" as herein used include all rank vegetable growth over
two feet in height. Also included is corn, oats, wheat, barley and similar grain
products growing. (Ord. 171 § 1, 1939)
7.56.020 Prohibited.
Weeds rank or growing above eight inches in height be and the
same are prohibited. (Ord. 88-1236 § 1, 1988: Ord. 171 § 2,
1939)
7.56.030 Noxious or unsanitary weeds deemed nuisance.
Weeds rank or growing above two feet in height which exhale
unpleasant or noxious odors, or which conceal filthy deposits, or which are a
breeding place for mosquitoes, flies or insects, or which because of
uncleanliness or sanitation are a menace to public health, are a nuisance. (Ord.
171 § 3, 1939)
7.56.040 Combustible grass and weeds deemed nuisance.
All dead grass, dry weeds or similar dangerous combustible
material remaining or lying upon any premises is likewise a nuisance. (Ord. 171
§ 4, 1939)
7.56.050 Removal--Notice.
Weeds over the height provided, or such as are a public
nuisance shall be cut and removed by the owner, tenant, agent or person having
control of the premises within five days after notice in writing signed by the
village clerk to cut the same has been duly served. Likewise combustible
material shall be removed after notice served in the same manner. Service may be
had personally or by leaving a copy with some member of the family above the age
of ten years, or by mailing a copy to the last known address of the owner if the
property be vacant. (Ord. 171 § 6, 1939)
7.56.060 Failure to remove--Removal by village.
In conformity with the statutes in such cases made and
provided upon failure of owners, tenant, agent or person in charge of premises
to cut, destroy and remove weeds within the time prescribed after notice, then
the representatives of the village may enter upon the premises and proceed to
cut, destroy and remove the weeds at the expense of the owners of the premises,
on which the weeds are growing, and this provision is the sufficient authority
of the village to proceed and act accordingly. Express power to so enter upon
such premises and destroy such weeds is hereby conferred upon the employees of
the village delegated to proceed with such work and a record of the expense
involved in destroying the weeds shall be filed with the village clerk of the
village of Westchester. (Ord. 171 § 8, 1939)
7.56.070 Nonpayment of removal costs--Lien.
In case the expense incurred in the destruction of weeds upon
any particular premises is not paid by the owner, tenant, agent or person in
charge, then the village shall have a lien upon the premises for the expense of
cutting the weeds. (Ord. 171 § 9, 1939)
7.56.080 Lien--Enforcement.
This lien may be enforced by action at law against the owner
by obtaining judgment against him and his property for the expense and costs of
suit or by filing a lien itemizing the expense account, date of destruction and
description of property supported by affidavit which may be either foreclosed in
manner provided by law or filed with the county collector of Cook County and by
him extended and added to real estate tax against the premises. (Ord. 171 §
10, 1939)
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