HomeMy WebLinkAboutOrdinances - MC-13-1069 - 06/17/2013 - MC CH 24 TREES SHRUBS AND NOXIOUS GROWTH ART II WE (2)Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mehenry.il.us
www.ci.mchenry.il.us
ORDINANCE NO. MC-13-1069
An Ordinance Amending City of McHenry Municipal Code Chapter 24 Trees, Shrubs and
Noxious Growths Article II Weeds and Noxious Growths
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions
as granted in the Constitution of the State of Illinois.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, AS FOLLOWS:
SECTION 1: That Chapter 24 Trees, Shrubs and Noxious Growths Article II Weeds and
Noxious Growths is hereby deleted in its entirety and replaced with the following language.
"Weeds. All premises and exterior property, including the parkway area located between such
premises and the adjoining road pavement or surface, shall be maintained free from weeds and
plant growth in excess of 8 inches. All noxious weeds shall be prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation, other than trees or shrubs provided,
however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property ("Owner") to cut and destroy
weeds after being given notice of the violation by first-class mail addressed to the last known
address of the Owner, the Owner shall be subject to prosecution in accordance with Section
106.3 and applicable provisions of the City Municipal Code. Upon failure to comply with the
notice of violation within four (4) days, any duly authorized employee of the City or contractor
hired by the City shall be authorized to enter upon the property to cut and destroy the weeds
growing thereon and the costs of such removal, plus an administrative fee of 15% of the total
cost of such removal, shall be paid by the Owner."
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
dinartin@ci.mchenry.il.us
www.ci.mchenry.il.us
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect after its passage and
publication in pamphlet form as provided by law.
PASSED THIS 17th DAY OF JUNE, 2013
AYES: Santi, Schaefer, Blake, Wimmer, Peterson, Condon
NAYS: Glab
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED THIS 17th DAY OF JUNE, 2013
MAYOR
ATTEST:
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CITY CLERK