title
An Ordinance Establishing a Temporary Moratorium on the Issuance of Certain Fence Permits Under the Village Code of Ordinances
body
WHEREAS, the Village of Romeoville, (hereinafter “Village”), has the authority to adopt ordinances pertaining to the public health, safety and welfare regulating private and public property; and
WHEREAS, in conformance with said authority, the Village has from time to time issued permits for the construction of fencing, in accordance with its Code of Ordinances; and
WHEREAS, the Village has recently discovered that property owners in the Village have obtained fence permits for the purpose of constructing multiple fences parallel to and in close proximity to one another and to the same lot or property line: and
WHEREAS, the Village finds that while its Code of Ordinances does not expressly address the construction of the above-described “double fencing”, the continued construction and installation of the same would tend to create nuisances within the Village, in that the creation of such areas with eliminated or significantly reduced access for lawn and other maintenance purposes by usual and customary methods will lead to the growth of grass and weeds in violation of the Village Code of Ordinances, and further that such overgrown and unmaintained areas further provide places that harbor or attract insects, vermin or other disease vectors; and
WHEREAS, the public health safety and welfare of the citizens of the Village of Romeoville requires the Corporate Authorities of the Village to more thoroughly evaluate the existence of the above-described “double fencing” to consider and determine reasonable and adequate regulation of the same in such a manner as will protect the zoning, public health safety and welfare, and other ordinances of the Village, and as well prevent or deter the creation of nuisances within the Village.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; that
SECTION 1: RECITALS - The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: DEFINITIONS - Double Fencing: Double Fencing shall mean and include all circumstances in which two or more fences are constructed or installed on the same lot or legally described parcel of real estate, parallel to the same lot or boundary line of such lot or parcel of real estate, in such a fashion as would tend to prevent or hinder the maintenance of the portion of the lot or tract of property located between the fences in question.
SECTION 3: TEMPORARY MORATORIUM - No Double Fencing shall be granted any permit, or constructed within the corporate limits of the Village of Romeoville, on any private or public property, including public or private ways or public or private easements within the Village, at any time during the 180 days from and after the passage of this Ordinance.
SECTION 4: STAFF INVESTIGATION - Village staff is hereby directed to investigate the issue of Double Fencing in consideration of the possible adoption of ordinances reasonably regulating such installations in the interest of the public health safety and welfare, and existing franchise agreements and ordinances, during this temporary moratorium.
SECTION 5: SEVERABILITY - That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 6: CONFLICTS - All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 7: REPEALER - All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed.
SECTION 8: EFFECTIVE DATE - This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.