O-73-600
ORDINANCE NO. 0 -73 -60
AN ORDINANCE AMENDING ARTICLE II
OF CHAPTER 18 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD
Published in Pamphlet form by
authority of the corporate
authorities of the Village of
Deerfield, Illinois, this 15th
day of October ' A.D., ,1973:
ORDINANCE NO. 0-73- 60
AN ORDINANCE AMENDING ARTICLE II
OF.CHAPTER 18 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS,
AS FOLLOWS:
SECTION That Article II of Chapter 18 of the Municipal
ONE: Code of the Village of Deerfield of 1963, as
amended be and the same is hereby further amended as follows:
A. By amending Section 18.206 of said Article II
to read as follows:
"18.206 Deposit of Garbage and Refuse - Nuisance.)
No garbage, refuse of any kind, garden or miscellaneous
waste nor any container therefor shall be deposited or
located in any street, alley or public way, nor shall
any such garbage, refuse or wastes be deposited anywhere
in the Village in an uncovered condition (except as
provided in Section 18.204) or in any manner other than
as provided in this Article. The deposit of any such
garbage or refuse in an uncovered condition in violation
of the provisions of this Article is herein declared to
be a public nuisance and shall be subject to abatement
as such.
B. By renumbering Section 18.207 of said Article II
entitled "Penalty" as Section 18.208.
C. By adding to said Article II a new Section 18..207
entitled "Failure of Owner to remove Garbage and Refuse - Removal
by Village - Lien" to read as follows:
"18.207 Failure of Owner to remove Garbage and
Refuse - Removal by Village - Lien.) If the owner of
any private property in this Village upon which there
is deposited any garbage, refuse or other debris in
violation of the provisions of this Article refuses or
neglects to remove such garbage or refuse or to have the
same removed as herein provided, within fifteen (15)
days after receiving written notice to do so from the
Village Manager, the Village may remove such garbage,
refuse or other debris and may collect from such owner
the reasonable cost thereof. This cost shall be a lien
upon the real estate affected,.superior to all
subsequent liens and encumbrances, except tax liens,
if within 60 days after such cost and expense is
incurred the Village, or the person performing the
removal service by authority of the Village, in his
or its own name, files notice of lien in the office of
the Recorder of Deeds in the county in which such real
estate is located or in the office of the Registrar
or Titles of such county if the real estate affected
is registered under the Torrens system. The notice
shall consist of a sworn.statement setting out (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 removal service, and (3) the date or dates
when such cost and expense was incurred by the Village.
How.ever,.the Village's lien shall not be valid as to
any purchaser whose rights in and to such real estate
have arisen subsequent to removal of the garbage,'
refuse or debris and prior to the filing of such
notice, and the said lien of the Village shall not 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 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 or person in
whose name the lien has been filed and the release may
be filed of record as in the case of filing notice of
lien. The lien may be enforced by proceedings to fore-
close as in case of mortgages or mechanics' liens.
Suit to foreclose this lien shall be commenced within
2 years after the date of filing notice of lien."
SECTION That all ordinances or parts of ordinances
TWO: in conflict herewith are, to the extent of
such conflict, hereby repealed.
SE'CT'ION That the Village Clerk.is hereby directed to
THREE: publish this Ordinance in pamphlet form.
SE'CT'ION That this Ordinance shall be in full force and
FOUR: effect from and after its passage, approval
and publication, as provided by law.
AYES: SIX (6)
NAYS: NONE (0)
ABSENT: NONE (0)
PASSED this 15th day of October
APPROVED this 15th day of " October
PILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK
A.D. 1973.
A.D. 1973.