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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