Marengo sets fines for not cleaning up properties

MARENGO — A resolution that would make failure to abate nuisances on a property a scheduled violation passed its first reading during the Oct. 8 meeting of the Marengo City Council.

The first reading was approved 4-0. Councilwoman Karen Wayson-Kisling was absent.

Marengo Police Chief Ben Gray told the city council during a Sept. 24 council meeting that the public safety committee recommended the change because some people want to pay their fines without having to appear in court, as is allowed with traffic tickets.

Currently failure to abate a nuisance is an unscheduled offense, and a judge determines the fine after a court appearance, said Gray.

The new chapter to the nuisance ordinance, Chapter 50.13, would make the first offense subject to a $100 fine. A second offense would cost $250 and a third offense $500.

“This adds some more consistency to that,” said Gray.

A court appearance would not be required, though residents would have the option to appear in court if they want to plead not guilty.

Gray said during the Oct. 8 meeting that residents are not immediately cited for nuisances. They are given notices that require them to clear the nuisances — such as junk vehicles, garbage, brush or overgrown vegetation — within a certain amount of time.

Residents who are working in good faith to clean up the property are given extensions to that time. “We work with you,” said Gray.

Though there’s no time limit for second and third offenses, the city will not issue citations immediately for subsequent offenses but will work with residents to get their properties cleaned up, said Gray.

However, officers won’t be too lenient with repeat offenders who receive nuisance notices every year and take months to respond, Gray said.

The nuisance abatement orders are sent to property owners as well as to tenants, said Gray, but the owner will be the person responsible to pay the fine. Gray said that Marengo officers tell tenants that if they don’t abate the nuisances, the landowners may be fined and that might affect the tenancy.

Second and third readings of the change must pass during subsequent city council meetings before the change will go into effect.