Arrests Possible For City Code Violations

By Gordon HopkinsIn an attempt to address the problem of nuisance violations within the City of Fairbury, such as junked cars, overgrown lawns, animal control issues and the like, the city signed an interlocal agreement with Jefferson County this year to have County Attorney Joseph Casson prosecute city ordinance violations.The hard part has been getting violators to show up for court.On Wednesday, July 3, 2023, three city ordinance cases were scheduled to be heard in Jefferson County Court. None of the defendants showed up for court. The same thing happened on the previous court date, June 28. Since the county attorney began prosecuting city ordinances, fewer than half of those cited have appeared for their court dates.Citations are issued on a case-by-case basis at the discretion of the city’s Code Enforcement Officer. The difficulty, according to Casson, is presenting the citations in person. If the Code Enforcement Officer cannot deliver the citation to the offender in person, one is mailed with a court date. However, that means the offender has not signed a promise to appear for court.“People don’t answer their doors when their grass is this high,” said Casson, holding a hand up to his chest.That does not mean offenders can avoid court indefinitely. Casson indicated that once an offender misses a court date, then the citation will be served by the sheriff’s office. If the offender misses court again, an arrest warrant may be issued.Codes being enforced by the city include, but are not limited to, the Owner Occupancy Program (rental inspections), nuisances (junked, abandoned and unlicensed vehicles, junk properties, mowing), and animal control issues (loose and unlicensed dogs, and multiple dogs).According to Municipal Code 10.99, a fine of up to $500 may be imposed for each count/violation.Rental InspectionsAmong the citations being issued are for rentals that do not have a Certificate of Occupancy.Enforcement of the Owner Occupancy Program is of particular concern to Fairbury Mayor Spencer Brown, who has expressed frustration about the rental of substandard housing.The morning of June 19, 2023, the city issued an an emergency condemn and immediate vacate notice of a residence in Fairbury. According to the Mayor, four adults and two children were, “living in a house completely infested with cockroaches, flies and layers of animal feces on the floor.”Mayor Brown added, “you could live outside and the conditions would be 100 percent better than inside of this house.”The Mayor stated the Department of Health and Human Services (DHHS) is not doing enough to enough to enforce health and standards in housing, making enforcement by the city all the more paramount, “DHHS should be protecting children. Letting them live in squalor is unacceptable.”

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