O-22-13VILLAGE OF DEERFIELD
ORDINANCE NO. 2022- 0-22-13
AN ORDINANCE AMENDING ARTICLE 3 OF CHAPTER 21 OF "THE MUNICIPAL
CODE OF THE VILLAGE OF DEERFIELD, ILLINOIS, 1975,"
REGARDING OWNER RESPONSIBILITY TO
MAINTAIN ABUTTING PUBLIC PARKWAYS
WHEREAS, the Village of Deerfield is a home rule unit of local government pursuant
to the provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, the Village is recognized for, and takes pride in, its natural, wooded
streetscapes and foliage, which are an essential part of the Village's character; and
WHEREAS, the presence of weeds and overgrown grasses or plants detracts from the
appearance of the Village and has been declared a nuisance by Article 3 of Chapter 21 of "The
Municipal Code of the Village of Deerfield, Illinois, 1975," as amended ("Village Code'); and
WHEREAS, pursuant to the Village's home rule authority and Sections 11-20-6 and
11-20-7 of the Illinois Municipal Code, 65 ILCS 5/11-20-6 & 11-20-7, the Village has authority
to require property owners to care for their grass, destroy weeds, and care for the parkways
abutting their properties; and
WHEREAS, pursuant to the Village's home rule authority, the Village Board desires
to amend the Village Code to create consistent regulations requiring property owners to mow
or otherwise maintain grass, weeds, or greenery on public parkways abutting their property;
and
WHEREAS, the Village Board has determined that it will serve and be in the best
interests of the Village and its residents to amend the Village Code to require property
owners to mow and maintain abutting public parkways in accordance with the Height
Limitation;
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Ordinance as findings of the Village Board.
SECTION TWO: AMENDMENT TO SECTION 21-17 OF THE VILLAGE
CODE. Section 21-17, titled "Removal; Notice," of Article 3, titled, "Plants and Weeds," of
Chapter 21, titled, "Trees and Vegetation," of the Village Code is hereby amended further
to read as follows:
"Sec. 21-17. Removal; Notice:
"a The owner and occupants of private 12ropertyabutting--a
public parkway along public right-of-way shall be
(00124559.21
responsible for: (i) removing rubbish and debris from the
parkway: and (ii) maintaining the parkway in compliance
with Sections 21-15 and 21-16 of this Code.
bW It shall be the duty of the village manager to serve or cause to be
served notice upon the owner, e* occupants of any premises or
person otherwise responsible for maintenance, of a propprty
on which weeds or plants are permitted to grow in violation of the
provisions of this article, and to demand the abatement of the
nuisance within ten {10) days."
SECTION THREE: AMENDMENT TO SECTION 21-18 OF THE VILLAGE
CODE. Section 21-18, titled "Abatement; Lien for Weed Cutting Cost," of Article 3, titled,
"Plants and Weeds," of Chapter 21, titled, "Trees and Vegetation," of the Village Code is
hereby amended further to read as follows:
"Sec. 21-18. Abatement; Lien for Weed Cutting Cost:
(a) In all cases where the owner, occupant, or person otherwise
responsible for maintenance of a property eentrolling the rZI
estate on which there exists a growth of weeds in violation of the
foregoing sections shall fail, refuse or neglect to cut the same or
cause the same to be cut and otherwise removed after tei+410) days
written notice served on such owner or occupant or person
^�lln=g responsible for maintaining the real estate, the
village manager may proceed to abate such nuisance by causing the
same to be cut and removed from the property and the costs thereof
shall be charged to and collected from the owner of sueh real estate
occupant, or responsible party.
(b) Provided that the land is privately owUA the cost of cutting
and removing such weeds shall also become a lien upon the real
estate affected, until paid, superior to all other liens and
encumbrances except tax liens; provided that within sixty {68) days
after such cost is incurred, the village manager files notice of lien in
the office of the recorder of deeds of the county wherein the real
estate is situated. Said notice of lien shall consist of a sworn
statement setting out: 1) the 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 of cutting and
removing such weeds, and 3) the date or dates when such cost or
expense was incurred by the village. The lien of the village shall not
be valid as to any purchaser whose right in or to such real estate
have arisen subsequent to the weed cutting and prior to the filing of
such notice, nor shall the lien of the village be valid as to any
mortgagee, judgment creditor or other lienor whose rights in and to
such real estate arise prior to the filing of such notice. Upon payment
(00124559.21
of the cost and expense by the owner of or persons interested in such
property after notice of lien has been filed, the lien shall be released
by the village and the release may be filed of record as in the case of
filing notice of lien."
SECTION FOUR: PUBLICATION. The Village Clerk is hereby directed to
publish this Ordinance in pamphlet form pursuant to the Statutes of the State of Illinois.
SECTION FIVE: EFFECTIVE DATE. This Ordinance will be in full force and
effect after passage, approval, and publication in the manner provided by law.
AYES: Benton, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: Berg
PASSED: April 4, 2022
APPROVED: April 4, 2022
ORDINANCE NO. 0-22-13
Daniel C. Shapiro, Mayor
ATTEST:
Kent S. St eet, Village Clerk
100124559.21