Summary:
On November 27, 2023, City appointed Hearing Officer Doug Jorden conducted a Code Compliance Appeals Hearing in accordance with Peoria City Code (PCC) Section 17-58 (Exhibit 1). Appellant formally challenged Notices of Violation issued to him by the Code Compliance Division as the owner of three (3) vacant and undeveloped properties abutting the South side of Deer Valley Road in North Peoria. Three (3) Notices of Violation were issued on October 26, 2023, regarding unresolved City code violations related to high and dry weeds, overgrown plants, trash and debris, extending from the appellant’s properties across the abutting sidewalk to the street curbline. In multiple locations, the plant growth encroached on the abutting sidewalks and into bicycle lanes, creating safety and accessibility hazards to cyclists and pedestrians in the area. The three PCC Chapter 17 violations included in each notice included:
(1) Sec. 17-3 (j) An owner of land abutting a sidewalk is responsible to maintain the area up to the curbline to be free of litter and debris, overgrown and/or dead vegetation, weeds, insect and rodent infestation, and other conditions that may present a fire hazard.
(2) Sec. 17-3 (k) An owner of land within the City may not allow plant growth that is dead, dormant or dry that may constitute a fire hazard.
(3) Sec. 17-3 (l) An owner of land shall not allow weed or grass growth to attain a height in excess of six inches, or to create breeding or harborage for insects or other pests.
Pursuant to PCC Sec. 17-58, the Hearing Officer submitted a written recommendation to the City Council (Exhibit 2), based on a preponderance of the evidence, to uphold the Notices of Ordinance Violation relating to PCC Sections 17-3 (j) and (l), but not Section 17-3 (k). PCC Sec. 17-58 (b) states in part “The City Council shall issue its findings in writing, upholding or reversing the notice of violation. The City Council shall not hold a second hearing to again consider the matter, but act on the recommendation of the Hearing Officer. The decision of the City Council shall be final.” Pursuant to PCC Sec. 17-59 (Exhibit 3), the Hearing Officer recommends that the City Manager proceed with issuing an order of abatement with a cost estimate, ordering removal of the offending plants and materials.