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HomeMy WebLinkAboutOrdinances - MC-13-1069 - 06/17/2013 - MC CH 24 TREES SHRUBS AND NOXIOUS GROWTH ART II WEDepartment 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.mchenry.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 dmartin@ci.mehenry.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 ?yam MAYOR ATTEST: C..s+- c. CITY CLERK 0 I