Chapter 23: Nuisances

Sec. 23-1. Nuisances Generally

a. Prohibited. It shall be unlawful for any person to permit or maintain the existence of any nuisance on
any property under his, her, or its control. A nuisance is hereby defined as a highly obnoxious or
annoying thing; something offensive or annoying to individuals or to the community to the prejudice
of their legal rights.

b. Abatement. The Chief of Police and the designated code enforcement officer of the Village are each
herby authorized to abate any nuisance existing in the Village, whether such nuisances are specifically
recognized by ordinance or not.

Sec. 23-2. Declaration of Policy

The purpose of this Article is to protect the public health, safety, and welfare by enactment of this Article
that:

1. Establishes a program for identification, registration, and regulation of building which are or become
vacant on or after the effective date of this Article;

2. Determines the responsibilities of owners of vacant buildings;

3. Provides for administration, enforcement, including abatement of public nuisances, and imposition of
penalties.

This Article will be construed liberally to affect its purposes.

Sec. 23-3. Other Ordinances

This Article will not be construed to prevent the enforcement of other applicable ordinances, codes,
legislation, and regulations which prescribe standards other than are provided herein, and, in the event of
conflict, the most restrictive will apply.

Sec. 23-4. Definitions

Unless otherwise expressly stated or clearly indicated by the context, the following terms will, for the

purpose of this Article, have the meanings indicated in this Section:
Boarded Building: A building which has had, in a manner intended to be temporary or permanent, any or
all openings, which openings are windows or doors which were present for the purpose of light, ventilation or
egress, some material whether opaque, solid or transparent, affixed to such openings, from the interior or
exterior of the building, for the purpose of securing or preventing access or damage to the building or its
components.

Building: Any structure occupied or intended for supporting or sheltering any occupancy.

Trustee: A designated Village of Durand Trustee, as determined from time to time by a majority vote of
the corporate authorities of the Village of Durand.

Dangerous Building: A building defined as a “dangerous building” in the Village building code, as it may
be amended. Such buildings are public nuisances.

Owner: Any person, agent, operator, firm, or corporation having a legal or equitable interest in the
property; or recorded in the official records of the state, county, or municipality as holding title to the property;
or otherwise having control of the property, including the guardian of the estate of any such person, and the
executor or administrator of the estate of such person if ordered to take possession of real property by a court.

Person: Includes a corporation, a partnership, or other entity, as well as an individual.

Premises: A lot, plot, or parcel of land including any structure thereon.

Public Nuisance: Includes the following:

1. The physical condition, or uses of any building regarded as a public nuisance at common law, under
the Illinois Compiled Statutes, or under this Article;

2. Any physical condition, use or occupancy or any building or its appurtenances considered an attractive
nuisance to children, including, but not limited to, abandoned well, shafts, basements, excavations,
and unsafe fences or structures;

3. Any building which has unsanitary sewerage or plumbing facilities;

4. Any building designated by the Village of Durand Trustee as unsafe for human habitation or use;

5. Any building which is manifestly capable of being a fire hazard or manifestly unsafe or insecure as to
endanger life, limb, or property;

6. Any building which is unsanitary, or which is littered with rubbish or garbage, or which has an
uncontrolled growth of weeds;

7. Any building that is dangerous, in a state of dilapidation, deterioration or decay, faulty construction,
open or vacant and the doors, windows, or other openings are boarded up or secured, by any means
other than conventional methods used in the design of the building or permitted for new construction
of similar type; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure
and dangerous to anyone on or near the premises; or

8. Any building defined as a “dangerous building” by this Article, as it may be amended.
Unoccupied Building: A building or portion thereof which lacks the habitual presence of human beings
who have a legal right to be on the premises, including buildings ordered vacated by the Village of Durand
pursuant to authority granted to it by this Article.

In determining whether a building is “unoccupied”, the Village of Durand Trustee may consider these
factors, among others:

1. A building at which substantially all lawful residential or business activity has ceased;

2. The percentage of the overall square footage of unoccupied to occupied space or the overall number of
occupied and unoccupied units shall be considered;

3. The building is substantially devoid of contents. The condition and value of fixtures or personal
property in the building are relevant to this determination;

4. The building lacks utility services, i.e., water, sewer, electric or natural gas;

5. The building is the subject of a foreclosure action;

6. The building is not actively for sale as part of a contractual agreement to sell the building, the building
lacks “for sale”, “for rent” or similar signage;

7. The presence or recurrence of uncorrected code violations.

Vacant Building: A building or portion of a building which is:

1. Unoccupied and unsecured;

2. Unoccupied and secured by boarding or other similar means;

3. Unoccupied and a dangerous structure;

4. Unoccupied and condemned by the Village of Durand Trustee pursuant to applicable provisions of
this Article;

5. Unoccupied and has multiple code violations;

6. Unoccupied and the building or its premises has been the site of unlawful activity within the previous
six (6) months;

7. Condemned by the Village of Durand Trustee and unlawfully occupied;

8. Unoccupied for over 180 days and during which time the Village of Durand Trustee has issued an
order to correct public nuisance conditions and the same have not been corrected in a code compliant
manner;

9. Unoccupied for over two (2) years;

10. An “abandoned residential property”, as defined in 65 ILCS 5/11-20-15.1 as a residential dwelling
unit that has been unoccupied by any lawful occupant or occupants for a least 90 days, and for which
after such 90 day period the Village has made good faith efforts to contact the legal owner or owners
of the property or, if known, the agent of the owner, and no contact has been made.

But not including:

Unoccupied buildings which are undergoing construction, renovation, or rehabilitation and which
are in compliance with all applicable ordinances, codes, legislation and regulations, and for which
construction, renovation or rehabilitation is proceeding diligently to completion.

Sec. 23-5. Determination

Within sixty (60) days after the effective date of this Article, the Village of Durand Trustee shall evaluate
all buildings in the Village he or she believes to be unoccupied on the effective date of this Article and make a
determination for each as to whether the building is a “vacant building” within the meaning of Section 23-4 of
this Article. The Village of Durand Trustee may determine that a building which meets any of the criteria set
forth in this Section is not to be regulated under this Article for a stated period, if upon consideration of
reliable, substantiated and sufficient evidence, he or she determines that regulation of the building under this
Article would not serve the public health, welfare, and safety and makes written findings in support of his or
her decision. The determination shall be in writing and shall state the factual basis for the determination. For
buildings the Village of Durand Trustee determines to be “vacant buildings”, notice of the determination will
be sent to the last taxpayer of record listed on the most recent Winnebago County tax roll. The notice of
determination shall be sent first class United States mail. Failure of delivery shall not excuse a person and/or
owner from complying with this Article. The Village of Durand Trustee may personally serve or cause
personal service of the notice of determination. Any person making such service shall execute an affidavit
attesting to the facts of service. The Village of Durand Trustee shall maintain a record of such mailing for each
notice of determination sent.

The notice shall specify a date and time on which the owner shall allow for a code compliance inspection
of the interior of the vacant building to determine the extent of compliance with village property, building
codes, health, fire, water, and sewer codes. The owner shall pay the $500.00 inspection fee to the Village
within thirty (30) days of the inspection. An unpaid fee shall be a lien upon the premises.

The notice shall contain a statement of the obligations of the owner of a building determined to be a vacant
building, a copy of the registration form the owner is required to file pursuant to Section 23-7 of this Article,
and a notice of the owner’s right to appeal the Village of Durand Trustee’s determination.

Section 23-6. Appeal of Determination.

An owner of a building determined by the Village of Durand Trustee to be a vacant building as provided
for in this Article may appeal that determination to the Village Board of Trustees. Such appeal must be in
writing and must be filed with the Village of Durand Trustee within fifteen (15) days of the date of mailing of
the notice of determination. The filing of an appeal stays the owner’s obligation to register his or her building
as required by Section 23-7 if this Article. The appeal must contain a complete statement of the reasons the
owner disputes the Village of Durand Trustee’s determination, must set forth specific facts in support thereof,

and must include all evidence the owner relies upon to support the appeal. The Village Board of Trustees will
decide the appeal on the basis of facts presented by the owner in his or her written appeal and the Village of
Durand Trustee’s written determination.

1. The burden is upon the owner to present sufficient evidence to persuade the Board of Trustees that had
the evidence been known to the Village of Durand Trustee at the time the Village of Durand Trustee
made the determination, the Village of Durand Trustee would more likely than not have determined
that the subject building was not a “vacant building” within the meaning of this Article.

2. The Board of Trustees will send written notice of its decision to the owner within twenty-one (21)
days of the Board of Trustees’ receipt of the appeal. The Board of Trustees may, but is not required to,
seek additional information from the owner. The Board of Trustees may, upon written notice thereof
to the owner, take no more than ten (10) additional days to decide the appeal if it determines that such
additional time is required for consideration of the appeal.

3. An owner who wishes to challenge applicability of this Article to his or her building without the
Village of Durand Trustee’s determination having been made, must set forth specific facts to support
non-applicability in a writing to the Village of Durand Trustee. In the event the Village of Durand
Trustee determines that the subject building is a “vacant building”, the owner will have the right to
appeal the Village of Durand Trustee’s determination to the Board of Trustees as provided for herein.

Sec. 23-7. Obligation to Register

The owner of a building who knows, or from all the facts and circumstances should know, that his or her
building is or has become a “vacant building” within the meaning of this Article after the effective date of this
Article or the owner of a building, which the Village of Durand Trustee determines at any time to be a “vacant
building”, or the owner of a building whose appeal from the Village of Durand Trustee’s determination has
been denied by the Village Board of Trustees must take the actions provided for in this Section within thirty
(30) days after either the date of the Village of Durand Trustee’s notice of determination or occurrence of the
facts that would cause a reasonable person to believe that the building was a “vacant building”, or denial of the
appeal, whichever is applicable. Registration does not exonerate the owner from compliance with all
applicable codes and ordinances, including this Article, nor does it preclude any of the actions the Village is
authorized to take pursuant to this Article or elsewhere in this Chapter.

1. Registration Requirements.

a. Register the building with the Village of Durand Trustee, on a form provided by the Village
of Durand Trustee and pay the annual $200.00 annual non-prorated vacant building
registration fee. The form will include, at a minimum, the name, street address, and telephone
number of the owner, the case name and number of any litigation pending concerning or
affecting the building, including bankruptcy cases, and the name, street address, and
telephone number of all persons with any legal interest in the building or the premises. The
form will require the owner to identify a natural person 21 years of age or older who
maintains a permanent address in Winnebago County, Illinois, to accept service on behalf of
the owner with respect to any notices the Village of Durand Trustee sends pursuant to this
Article or service of process in any proceeding commenced to enforce any provision of this
Article, and file with the Village of Durand Trustee on the registration form, the name,
address, and telephone number of said person. A street address is required. A post office box

is not an acceptable address.

b. Renew the vacant building registration each year on the anniversary date of the first filing for
the time the building remains vacant and pay the required $200.00 annual fee; and

c. File an amended registration within fifteen (15) days of any change in the information
contained in the annual registration. A new registration is required for any change in
ownership whatsoever.

2. Notice; Inspection. The form will require the owner to indicate his or her “acceptance of notice by
posting” consenting to service of notices sent or required to be sent, pursuant to this Article, by
posting on the building if the owner fails to renew the registration if required, or maintain as current
with the Village of Durand Trustee the information required regarding the person designated to accept
notice and service of process.

The owner will allow for a code compliance inspection of the interior of the vacant building and
must pay the $500.00 fee therefore within 30 days of the inspection. Such inspection will determine
the extent of compliance with Village property, building codes, health, fire, water, and sewer codes.
The Village will send the inspection report to the owner within thirty (30) days.

3. Insurance. Obtain liability insurance and maintain such insurance for as long as the building is vacant,
and file evidence of such insurance with a Village of Trustees as follows:

$500,000.00 for a vacant residential building of one to three units;
$750,000.00 for a vacant residential building of four to eleven units;
$1,000,000.00 for a vacant residential building of twenty-three to forty-eight units;
$2,000,000.00 for a vacant residential building of more than 48 units; and
$2,000,000.00 for a vacant manufacturing, industrial, storage, or nonresidential commercial
building

4. Vacant Building Plan. At the time a building is registered as required in this Article, the owner must
submit a written vacant building plan. The Village of Durand Trustee may prescribe a form for the
plan. If the owner fails to submit the plan as provided for by this article, the Village of Durand may
determine an appropriate plan for the vacant building. The plan will contain the following as a
minimum:

a. A plan of action to repair any doors, windows, or other openings which are boarded up or
otherwise secured by any means other than conventional methods used in the design of the
building or permitted for new construction or similar type.

b. For buildings and premises thereof which are determined by the Village of Durand Trustee as
being or containing public nuisances, as defined in Section 23-4 of this Article, then the
vacant building plan will contain a plan of action to remedy such public nuisance(s).

c. A time schedule identifying a date of commencement of repair and date of completion of
repair for each improperly secured opening and nuisance identified by the Village of Durand
Trustee.

d. When the owner proposes to demolish the vacant building, then the owner must submit a plan
and time schedule for such demolition.

e. A plan of action to maintain the building and premises thereof in conformance with this
Article.

f. A plan of action, with a time schedule, identifying the date the building will be habitable and
occupied or offered for occupancy or sale. The time schedule must include date(s) of
commencement and completion of all actions required to achieve habitability. No plan which
provides for compliance with this Article or, which will not, as determined by the Village of
Durand Trustee, achieve such compliance, within one year, in the case of a vacant boarded
building, and two years, in the case of a vacant, unboarded, and code compliant building will
be approved.

g. All premises upon which unoccupied or vacant buildings are located and the exteriors must at
all times be maintained in compliance with this Article.

h. Exterior lighting according to standards established by the Village of Durand Trustee.

5. Signage. Affixed to any building which is boarded, no smaller than two feet by two feet and compliant
with the Village’s sign regulations and providing the following information: the name, address, and
telephone number of the owner, and in addition, for buildings that re the subject of a foreclosure
action, the name, address, and telephone number of the plaintiff and the plaintiff’s attorney, if any, in
the foreclosure action. The sign must be placed so that its message is legible from the public right-of-
way.

6. Approval of plan.

a. Review building plan. The Village of Durand Trustee will review the proposed vacant
building plan in accordance with the standards below. The Village of Durand Trustee will
send notice to the owner of the vacant building of his or her determination.

b. Standards for plan approval. In considering the appropriateness of a vacant building plan, the
Village of Durand Trustee will include the following in his or her consideration and will
make written findings as to each:

i. The purposes of this Article and intent of the Village Board of Trustees to minimize
the time a building is boarded or otherwise vacant.

ii. The effect of the building and the proposed plan on adjoining property.

iii. The length of time the building has been vacant.

iv. The presence of any public nuisances on the property.

v. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the
condition it is designed to address.

7. Authority to modify plan, right of appeal. The Village of Durand Trustee will, upon notice to the
vacant building owner, have the right to modify the vacant building plan by modifyin the dates of
performance, the proposed methods of action, or by imposing additional requirements consistent with
this article he or she deems necessary to protect the public health, safety, or welfare.

8. Failure to comply with plan. Failure to have an approved plan within 30 days of filing the registration
from or failure to comply with the approved plan will constitute a violation of this Article subjecting
the owner of the building to penalties as provided in this Article and to any remedies the Village may
avail itself of as provided for herein and elsewhere in this Article, including, but limited to, an action
to compel correction of property maintenance violations.

Sec. 23-8. Other Enforcement

The registration of a vacant building will not preclude action by the Village to demolish or to take
other action against the building pursuant to other provisions of this Article, this Chapter, or other
applicable legislation, including the activities authorized by Section 23-9.

Sec. 23-9. Property Maintenance

A. Nuisance Abatement. The Village is authorized to perform or provide for property maintenance
activities to abate a nuisance caused by a vacant building, including the following:

a. Cutting and removal of neglected weeds, grass, tree, and bushes as authorized by Section 11-
20-7 of the Illinois Municipal Code, 65 ILCS 5/11-20-7, and applicable Village ordinances
and codes;

b. Pest control activities, as authorized by Section 11-20-8 of the Illinois Municipal Code, 65
ILCS 5/11-20-8, and applicable Village ordinances and codes;

c. Removal of infected trees as authorized by Section 11-20-23 of the Illinois Municipal Code,
65 ILCS 5/11-20-23, and applicable Village ordinances and codes;

d. Removal, securing, and enclosing abandoned residential properties, as authorized by section
26-217 of this article and Section 11-31-1.01 of the Illinois Municipal Code, 65 ILCS 5/11-
31-1.01.

B. Charges for Nuisance Abatement. The Village will have the authority to collect from the property
owner the costs incurred in performing the property maintenance activities to abate the nuisances
described in this Section 23-9. The Village will send a bill for the cost to the property owner, his or
her agent, legal representative, or occupant in legal possession or control of the premises.

C. Traditional Lien Procedure. If a bill sent pursuant to Subsection 23-9(B) of this Article is not paid in
full within 30 days of the date of the bill, the Village will have the authority to file and record a lien
against the property, pursuant to Section 11-20-15 of the Illinois Municipal Code, 65 ILCS 5/11-20-
15. If, for any one property, the Village may combine any or all of the costs of those activities into a
single notice of lien. The lien must be filed in accordance with the lien procedure established by the
specific provision of which the property is alleged to be in violation or, if no such procedure exists,
then the following procedure shall apply.

a. Notice of lien. The Village or the person performing the service by authority of the Village, in
its, his or her own name, may file a notice of lien in the office of the Winnebago County
Recorder. The notice of lien will be filed within two years after the cost and expense is
incurred. If, for any one property, the Village engaged in any nuisance abatement activity
described in Subsection 23-9(B) of this Article on more than one occasion during the course
of one year, then the village may combine any or all of the costs of those activities into a
single notice of lien.
The notice of lien will consist of a sworn statement setting forth:

i. A description of the real estate that sufficiently describes the parcel;

ii. The amount of the cost and expense incurred or payable for the activities; and

iii. The date or dates when such cost and expense was incurred by the Village or
someone working on behalf of the Village.

After recording, the notice of lien will be sent by certified mail to the property owner, his
or her agent or legal representative, or occupant in legal possession or control of the premises,
and if different, to the person who received the tax bill for the preceding year.

b. Release of lien. Upon payment of the cost after the notice of lien has been filed as provided
herein, the lien will be released by the Village or person in whose name the lien has been
filed, and the release will be recorded in the same manner as recording the notice of lien.

c. Foreclosure of lien. Subsequent to the filing of the above-described lien, the Village may
cause to be filed a complaint for foreclosure of such lien, or upon becoming a defendant in a
pending lawsuit affecting the premises or real estate, by answer to the complaint or in the
nature of an intervening petition or cross-complaint the Village may proceed in its corporate
name to foreclose such lien. An action to foreclose a lien under this Article must be
commenced within two years after the date of filing notice of lien. The property subject to a
lien arising under this article will be sold for nonpayment, and the proceeds of the sale will be
applied to pay the monies owing the Village.

D. Priority Lien Procedure. The priority lien procedure described in this Subsection 23-9 (D) will apply
only to costs incurred for activities performed on abandoned residential properties, as defined in
Section 23-4 of this Article and is an alternative to the traditional lien authorized by Subsection 23-9
(C) of this Article. If a bill sent pursuant to subsection 23-9 (B) of this Article is not paid in full
within 60 days of the date of the bill, the Village will have authority to file and record a priority lien
against the property, pursuant to Section 11-20-15.1 of the Illinois Municipal Code, 65 ILCS 5/11-20-
15.1, in the following manner:

a. Notice of lien. The Village or the person performing the service by authority of the Village, in
its, his or her own name, may file a notice of a priority lien in the office of the Winnebago
County Recorder of Deeds. The notice of lien will be filed within two years after the cost and
expense in incurred. If, for any one property, the Village engaged in any nuisance abatement
activity described in Subsection 23-9 (B) of this Article on more than one occasion during the
course of one year, then the Village may combine any or all of the costs of those activities

into a single notice of lien.

The notice of lien will consist of a sworn statement setting forth:

i. A description of the abandoned residential property that sufficiently describes the
parcel;

ii. The amount of the cost incurred or payable for the activities; and

iii. The date or dates when such cost was incurred by the village or someone working on
behalf of the village; and

iv. A statement that the lien has been filed pursuant to one or more of the property
maintenance activities described in Subsection 23-9 (B) of this Article and
authorized by 65 ILCS 5/11-20-7 (D), 65 ILCS 5/11-20-8 (D), 65 ILCS 5/11-20-23
(D), 65 ILCS 5/11-20-13 (E), 65 ILCS 5/11-31-1.01, as applicable.

After recording, the notice of lien will be sent by certified mail to the property
owner, his or her agent or legal representative or occupant in legal possession or
control of the premises and, if different, to the person who received the tax bill for
the preceding year.

The Village may not file a lien if the lender has provided notice to the Village
that the lender has performed, or will perform, remedial actions; provided, however,
that the remedial actions must be performed or initiated in good faith within 30 days
of the lender’s notice to the Village.

b. Recordkeeping. To enforce a lien pursuant to this Subsection 23-9 (D), the Village must
maintain contemporaneous records that include, at a minimum:

i. Dated statement of a finding by the Village that the property has become abandoned
residential property;

ii. Date when the property was first observed to be unoccupied by any lawful occupant;

iii. Description of the actions taken by the Village to contact the legal owner of the
property, or if known, any agent of the owner;

iv. Statement that no contacts were made with the legal owner or, if known, any agent of
the owner;

v. Dated certification by a Village official of the necessity and specific nature of the
work performed;

vi. Copy of the agreement with the person or company performing the work and the
rates and estimated cost of the work, if applicable;

vii. Detailed invoices and payment vouchers for the work;

viii. A statement whether the work was competitively bid, and if so, a copy of all
proposals submitted by the bidders.

c. Release of lien. Upon payment of the cost after the notice of lien has been filed as provided
herein, the lien will be released by the Village or person in whose name the lien has been
filed, and the release will be recorded in the same manner as recording the notice of lien.

d. Enforcement of lien. A lien under this subsection 26-215 (D) is enforceable by the Village, or
entity or person who performs work on behalf of the village, at the hearing for confirmation
of the foreclosure sale of the abandoned residential property and is limited to a claim of
interest in the proceeds of the sale. The priority lien is superior to all other liens and
encumbrances, except tax liens.

Sec. 23-10. Certification

A certification of code compliance for vacant buildings issued by the Village and payment in full of all
fees imposed pursuant to this Article are required prior to any occupancy of a vacant building.

Sec. 23-11. Boarding of Buildings

It is the policy of the Village that boarding is a temporary solution to prevent unauthorized entry into a
vacant building and that boarded buildings are a public nuisance. A vacant building may not remain boarded
longer than one year unless an extension of that time is part of a plan approved by the Village of Durand
Trustee. A vacant building that is not boarded and code complaint and for which boarding is determined by the
Village of Durand Trustee, on the basis of police reports, citizen complaints, and other information of other
type considered reliable by reasonable persons, to not require boarding to prevent unauthorized entry may not
remain vacant for more than two years without an approved plan for occupancy, sale, demolition, or other
disposition of the building.

Sec. 23-23. Enforcement and Penalties

A. Any person found to have violated any provision of this Article will be subject to a minimum fine of
$100.00 per day per violation to a maximum of $750.00 per day per violation, in addition to any other
legal or equitable remedies available to the Village. Such other remedies include, without limitation,
injunctive relief, application to a court of competent jurisdiction for a receiver, demolition, or
condemnation, contracting for the repair or purchase of the premises, or foreclosure of any lien the
Village may have thereon.

B. A separate and distinct offense will be committed each day a person or persons violate the provisions
of this Article.

C. Nothing in this Article will prohibit the Village from immediately condemning as provided for in this
Article a building or taking other immediate action upon a determination that the building is a public
nuisance or poses an imminent danger to the occupants of the building, or the public, health, safety,
and welfare.

Sec. 23-13. - 23-100. Reserved

Sec. 23-101. Applicability

This article provides the basic procedure for enforcement of the Village’s nuisance regulations as set forth in
this or any other chapter of this Code, or in any other ordinance of the Village, or as may be established by
state law, and shall apply to all nuisance violations except where specific abatement procedures for particular
nuisances are provided in this Chapter or elsewhere in this Code or are required by state law.

Sec. 23-102. Notice of Violation; Correction of Violation or Request for Hearing Required

A. Whenever a violation of any nuisance provision in this Code comes to the attention of the Chief of
Police or other authorized Village officer or employee, notice of the violation shall be given to the
person in charge or control of the property upon which the nuisance is present, served upon such
person by a police officer of the Village or by mailing such notice to the last known address of such
person. The notice shall describe the violation and provide the time period within which the violation
must be corrected or a hearing requested as provided in this article. The time period for correction of
nuisance violations shall be reasonable and not less than:

a. Dead and diseased trees: Thirty (30) days from personal service, posting or mailing of notice
of violation;

b. Removal of accumulations of garbage, refuse, dead animals, offal and other offensive or
hazardous accumulations: Three (3) days from personal service, or five (5) days from posting
or mailing of notice of violation;

c. Nuisance greenery: Three (3) days from personal service, or five (5) days from posting or
mailing of notice of violation;

d. Pests: Three (3) days from personal service, or five (5) days from posting or mailing of notice
of violation;

e. Vacant property violations: As specifically provided in Article III of this Chapter.

f. All other nuisances: Seven (7) days from personal service of notice or ten days from mailing
or posting of notice of violations.

B. The notice of violation under this Section shall be accompanied by a copy of the provisions of this
Code which prohibited the nuisance and:

a. For violations concerning overgrown or noxious weeds and grass, a copy of 65 ILCS 5/11-20-
7;

b. For violations concerning dead or diseased trees, a copy of 65 ILCS 5/11-20-23;

c. For violations concerning accumulations of garbage or other refuse, a copy of 65 ILCS 5/11-
20-13.

Sec. 23-103. Request for Hearing

Any person affected by any notice issued pursuant to this Article may request, and shall be granted, a
hearing on the matter before the designated Village official or employee, as determined from time to time by a
majority vote of the corporate authorities of the Village. Any person seeking a hearing and setting forth a brief
statement on the grounds thereof. The request for hearing shall be filed within the period established in Section
23-102 for remedying the nuisance violation.

Sec. 23-104. Notice Becomes Order if no Hearing is Requested

Any notice of violation served pursuant to this Article shall automatically become an order if a written
petition for a hearing is not filed within seven (7) days after such notice is received.

Sec. 23-105. Scheduling of Hearing; Rights of Petitioner at Hearing

Upon receipt of a request for hearing, the designated Village official or employee shall set a time and place
for hearing and shall give the Petitioner written notice thereof. At such hearing, the Petitioner shall be given an
opportunity to be heard, and to why such notice should be modified or withdrawn.

Sec. 23-106. Failure to Comply; Abatement by Village; Billing for Abatement Costs

If the property owner fails, refuses, or neglects to remedy or cause to be remedied a violation or fails or
refuses to request a hearing within the time period required under this Article, the Village shall cause such
condition to be remedied and recover the reasonable removal costs from the owner. The Village’s removal
costs shall be a lien on the property, as provided by 65 ILCS 5/11-20-15.

Sec. 23-107. Administrative Fees

The costs of abatement under this Article shall include administrative fees in the amounts provided in the
Village fee schedule, as fixed by the Village and updated from time to time.

Sec. 23-108. Notice of Lien for Abatement Costs

A. An employee or officer of the Village shall send a bill for administrative fees and the cost and expense
of abatement to the property owner and his or her agent or legal representative and to the occupant in
legal possession or control of the premises.

B. If the bill is not paid in full within 30 days of the date of the bill, the Village shall cause to be recorded
a notice of lien in the office of the recorder of deeds in the county in which the real estate is located, or
the office of the registrar of titles of such county, if the real estate affected is registered under the
Torrens System. The notice shall comply with the provisions of this article.

C. The notice of lien shall consist of a sworn statement setting forth a description of the removal activity,
a common description of the real estate sufficient for identification thereof, the amount of the cost and

expense incurred or payable by the village for abatement of the nuisance and the dates upon which the
costs and expenses were incurred by the village. The notice of lien under this section shall be
accompanied by a copy of the provisions of this Code which prohibited the nuisance, a copy of 65
ILCS 5/11-20-15, and:

a. For violations concerning nuisance greenery, a copy of 65 ILCS 5/11-20-7;

b. For violations concerning pests, a copy of 65 ILCS 5/11-20-8;

c. For violations concerning dead or diseased trees, a copy of 65 ILCS 5/11-20-23;

d. For violations concerning accumulations of garbage or other refuse, a copy of 65 ILCS 5/11-
20-13.

D. The notice of lien required under this section shall be filed not later than two years after the cost and
expense in incurred by the Village. The Village Clerk or his or her agent shall provide a copy of the
notice of lien to the property owner or his agent or legal representative and to the occupant in legal
possession or control of the premises, by certified mail or hand delivery, or both. A copy of the notice
of lien shall also be provided by certified mail to the person who received the tax bill for the preceding
year, if different from the current property owner.

E. Upon payment of the cost and expense of abatement, together with all costs associated with the
recording and service of the notice of lien, the lien shall be released by the Village and the release may
be filed of record by the owner at his or her sole expense as in the case of filing notice of lien.

Sec. 23-109. Foreclosure of Lien

If the lien is not satisfied after filing, the Village may file a complaint for foreclosure of such lien, or upon
becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or,
in the nature of an intervening petition or cross-complaint, the Village may proceed in its corporate name to
foreclosure such lien. The property subject to a lien arising under this Article shall be sold for nonpayment of
the Village’s lien, and the proceeds of such sale shall be applied to pay the monies owning the Village in the
manner required by state law.

Sec. 23-110. Penalties

In addition to all other remedies provided in this Chapter and by state law for nuisance violations, and
except as otherwise specifically provided herein in this Chapter, any person who shall violate or refuse to obey
any provision of this Chapter or any other nuisance provision of this Code shall be guilty of a misdemeanor
punishable as provided in Section 1-7 of the Code.

Sec. 23-111. - 23-200. Reserved. (Ordinance 2023-3; 3/27/2023)

State law references - Authority of Village to define and abate nuisances, Ill. Rev. Stat. Ch. 24, 11-60-2;
Nuisances generally, Ill. Rev. Stat. Ch. 100 1/2, 1, et seq.

REIMBURSEMENT AGREEMENT

Petitioner has filed a Petition (as defined in Chapter 22 of the Municipal Code of the Village of Durand,
Illinois) with the Village of Durand, Illinois. That it is expected that the Village of Durand, Illinois will
incur professional fees and expenses in considering the said Petition filed by Petitioner as aforesaid.

That Chapter 22 of the Municipal Code of the Village of Durand, Illinois requires all Petitioners to
reimburse the Village of Durand, Illinois for all professional fees and expenses (as defined in the said
Chapter 22) incurred in considering the Petitioner’s Petition.

Petitioner, pursuant to Chapter 22 of the Municipal Code of the Village of Durand, Illinois, does hereby
agree to reimburse the Village of Durand, Illinois for all professional fees and expenses (as defined in said
Chapter 22) that are incurred by the Village of Durand, Illinois in considering the said Petition that has
been filed by Petitioner.

Dated:_______________________________________

__________________________________________
Petitioner

(Ord. No. 2011-2; 04/11/11).

ESCROW AGREEMENT

This Agreement is entered into between the Village of Durand, Illinois (Escrowee) and
____________________________________(Petitioner), pursuant to Section 22-6 of the Durand
Municipal Code.

Petitioner has deposited the sum of $_________________ into escrow with Escrowee for the purpose of
allowing the Escrowee to pay for “professional fees and expenses” incurred by the Escrowee as a result of
a Petition or request filed by Petitioner requiring review by Escrowee as is required by Chapter 22 of the
Durand Municipal Code.

Escrowee is authorized to disburse any and all funds herein escrowed to pay for or to reimburse the
Village of Durand for the payment of expenses incurred by the Village of Durand in reviewing the
petition filed by Petitioner as is authorized and provided for in said Chapter 22.

Any portion of the escrow account which remains unused upon the termination of the petition or the
completion of any improvement contemplated by the petition shall be refunded Petitioner as provided for
in said Chapter 22.

Dated: _____________________________

Village of Durand, Illinois (Escrowee)

___________________________________ By: _______________________________
Petitioner

(Ord. No. 2011-2; 04/11/11).