Summary of Kane County

Ordinance 07-411 New Chapter 15

 

Background:  Earlier this year, the Windings Board became aware of this new Kane County law that could impact some of our Windings Residents.  The passage of this Nuisances and Property Maintenance Ordinance is a culmination of some 15 years of Kane County Board discussion of eyesores in unincorporated county areas. It is estimated that some 10% of the 35,000 residential land parcels in Aurora Township will be impacted by this ordinance which is aimed at cleaning up dilapidated houses, abandoned cars and scattered junk piles. This ordinance calls for fines for each violation if property owners fail to maintain their property. This Ordinance took effect on May 1, 2008.

Since the Windings Homeowners Association Board’s Covenants Committee is working to update our 30 year old Covenants through ballot(s) planned in Spring 2009, our Board asked this Committee to make sure that any proposed Covenant changes do not duplicate or contradict this new County Ordinance. In the process of reviewing the Ordinance, the Committee determined that this Ordinance could affect some of our residents and also could reduce the number of prospective Windings Covenant changes. The following is a summary of the ordinance prepared by the Covenant Committee and approved for dissemination by the Windings Board.The information below contains only paraphrased contents of this Ordinance (with underlining to add emphasis) deemed of interest to Windings residents. A copy of this Ordinance in its entirety can be found online at www.CountyofKane.org under County Code, Chapter 15.

 


Chapter 15

Summary

This new Chapter:

Section 15-1 Definitions (32 definitions in actual ordinance)

Inoperable motor vehicle
A car located outdoors that has been disabled for more than 14 days by the removal of parts etc.

Junk
Not limited to car parts, scrap metal furniture, appliances, equipment, glass, paper irrespective of whether these materials may be reused.

Noxious Weeds
a long list of these weeds includes some that we often deal with in our yards such as garlic mustard, poison ivy, multi-flora rose, numerous thistles, and quack grass.

Refuse
garbage, rubbish, ashes, sweepings, manure, dead animals, privy or cesspool contents or litter.

Section 15-2 Nuisances Declared

Any of the following activities are nuisances;

1. Exterior Property Areas

To keep, maintain or grow noxious weeds or other vegetation that creates a health hazard.

To allow grass to exceed 10 inches in height

To allow to be deposited on public or private property fecal matter, garbage, compost (other than for horticultural purposes), junk, trash, refuse or other offensive substances

To keep or store junk, trash, and refuse on property

To place household garbage in any outside container such that garbage is accessible to animals.  Also it shall be unlawful to place garbage or trash outside for more than 24 hours before a scheduled pick up time.

To dump, deposit, throw, discard litter from a motor vehicle upon a road or public or private property.

To store lumber or other building materials, constructions vehicles and construction equipment, not in connection with a permitted building project in progress, on the premises.

To burn garbage or rubbish outdoors with the exception of brush.

To park any vehicle in any yard except on the duly improved area for parking purposes and the parking of noncommercial vehicles is permitted on a driveway.

To keep any inoperable vehicle on public or private property.

2. Open Burning of Landscape Waste

To cause or allow open or uncontrolled burning not in accordance with these restrictions;

This article does not apply to burning of brush for outdoor domestic fireplaces or cooking or external fireplaces or to self contained outdoor wood burning devices and fireplaces.

The open burning of dry wastes should only occur on the property upon which the waste was generated.

Burning is only permitted between 10AM and 3PM on sunny days when the wind speed is less than 10 mph

Burning is not allowed during ozone alert periods, within 20 feet of a structure or on a roadway, sidewalk or easement

Open burning must be supervised until the fire is extinguished and garden hose or water must be available at the burning site.

3. Noise

To perform or allow to be performed construction, repair or remodeling work where the noise can be heard from a distance of 100 ft between 9PM and 6 AM Mon. to Fri. and between 9 PM and 8 AM on weekends and holidays.

To operate or permit operation of any amplifier in a vehicle or on property or to operate a vehicle(including snowmobiles, motorcycles, mini-bikes, ATV’s etc) such to disturb reasonable persons of ordinary sensitivity.

To perform lawn mowing or utilize power or non power tools between the hours of 8 PM to 7 AM

To make, continue, create to be made or continued loud, raucous, harsh, prolonged or unusual noise.  The ordinance lists six factors to be used in determining whether a sound is unreasonably loud or raucous.

4. Animals

To allow an infestation of insects, vermin, rodents or other pests.

5. Structures

To allow a building exterior to be in poor repair, structurally unsound, contain unsanitary conditions or to pose a threat to public health.  The following standards apply to existing buildings;

All exterior surfaces including doors, door frames and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition.

Buildings to have approved address numbers placed in a position to be legible and visible from the street. The RFD sign provided by the Fire Protection District satisfies this requirement as long as the sign is clearly visible at the street.

Foundation walls shall be maintained free from open cracks and breaks and maintained to prevent entry of rodents and other pests.

Exterior walls shall be free from holes, breaks and loose or rotting materials and shall be maintained weatherproof.

Roofs, drains, gutters and downspouts, decorative features, stairways, porches, balconies, chimneys, towers, handrails, guards, windows, skylights, door frames, glazing, doors and basement hatchways shall be maintained in good repair.

Household furniture not designed to withstand the outdoor elements shall not be permitted to be placed on porches (except totally enclosed), accessory structures, yards and landings.

Pools, spas and hot tub water must be maintained in clean and sanitary condition and in good repair or the water completely drained. (Note; this could be a problem for the Winding’s swimming pool during the winter)

Section 15-3 Exemptions

Section 15-4 Right of Entry

Section 15-5 Enforcement

Section 15-6 Fines

Section 15-7 Cleanup

Section 15-8 Relief from Personal Responsibility

Section 15-9 Severability