2019-76 Ordinance Approving a Temporary Moratorium on the Enforcement of Chapter 48 Section 8 Weeds

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ORDINANCE NO. ��Cq'��O ORDINANCE APPROVING A TEMPORARY MORATORIUM ON TAE -ENFORCEMENT OF CHAPTER 48 SECTION 8 WEEDS - WHEREAS,the City of Decatur is a home rule unit of local government pursuant to Article VII, Section 6 of the Constitution of the State of Illinois, 1970 and may exercise any power and perform any function pertaining to its government and affairs, including the regulation of nuisances, weeds, grass or other underbrush; and, WHEREAS, the City of Decatur has adopted City Code Chapter 48 Section 8 regulating the maintenance of weeds, grass or other underbrush which have grown to a height of ten (10) inches or more or allowed to flower, trees and bushes which need trimmed, and bushes and trees which need to be removed and has declared such to be a nuisance; and, WHEREAS, there is interest by residents of the City of Decatur to allow their property or parts of their property to return to their native landscaping and maintain prairie grass projects in an effort to benefit the environment; and, WHEREAS, properties that have returned to their native landscaping or prairie grass landscape in the City of Decatur are in conflict with the provisions set out in the City Code,Chapter 48 Section 8 and allowing properties to return to their native landscaping and maintain prairie grass projects result in conditions that would be in conflict with the provisions set out in the City Code, Chapter 48 Section 8; and, WHEREAS, the City of Decatur enforces the provisions of City Code Chapter 48 Section 8 through the issuance of citations as well as proactively mowing properties in conflict with those provisions causing fines and liens to be issued and placed on properties determined to be in violation of the City Code provision regulating the same; and, WHEREAS, the City is interested in studying and reviewing its local regulations and ordinances pertaining to weeds,grass or other underbrush,trees and bushes and native landscaping and prairie grass projects to determine the effects on the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CIT'Y COUNCIL OF THE CITY OF DECATUR, ILLINOIS, as follows: Section 1. That the above recitals are hereby declared to be true and correct findings of the City Council of the City of Decatur and are incorporated herein. Section 2. That a moratorium on the enforcement of City Code Chapter 48 Section 8 and prosecutions pursuant to said City Code is hereby placed for those properties that claim to have authentic native landscaping or prairie grass landscaping.