Is it legal to order village residents to labor on village owned property without reimbursement. Derrick Appell says yes, he can tell residents what to do. And if they don’t do what he says, he will take them to court and have them fined hundreds of dollars.
On June 8, 2018, Derrick Appell sent me a letter stating that: “you have weeds/grasses of excess height growing in your ditch in the 301-301 block of W. Main”. Also that “Per the Village ordinance in Chapter Two of the Village of Altona Code Book, you have five (5) days in which to cut your grass”.
Then on June 15th, 2018, I received a second threat that it was Derrick’s final notice to conform to the Village of Altona Code Book of Ordinances; Chapter Two – Nuisances Section 2.02 – Section 3 Paragraph (i) as amended by Ordinance 2007-07 on July 5th, 2007.
I tried to explain to Derrick, that the weeds/grasses of excess height growing in the ditch in the 301-301 block of W. Main, are growing on Village maintained property. I asked Derrick: does the responsibility of mowing ones yard extend beyond the property boundaries of private ownership? (I never heard of something like that before.) Derrick’s answer was: The answer can be found in Section 3 Paragraph (i)
Well, the Code Book item (i) does state in it’s total wording: “Allowing to develop any noxious weed of any height, and any other weed, hereby defined as to include all rank vegetable growth over two (2) feet in height.” I think that is a great ordinance, and should be followed by all residents. I follow it. But there is no indication, in Altona’s Code Book, that residents should also be eradicating wild plant growth on village owned property, or be in violation of the Code, under code item (i).
Derrick’s threat to me, that I will get a Monetary Fine of hundreds of dollars if I don’t do what he commands to me to do, just don’t make sense under the County & State rule of law. The part of the letter, I received from the village, that states: “Failure to cut said weeds within five (5) days of the date of this notice will enact abatement of the weeds by the Village of Altona” does make sense to me. I feel, under the rules of law, it certainly is the job of the village to abate weeds on village owned property.
In an answer to an FOIA request to the County of Knox made by me, the County determined that they hold agreement with Altona that “West Main St. is under the jurisdiction of the Village of Altona from U.S. 34, westerly 0.05 miles to the road leading up to the sanitation plant.” (The entire County owned road width) I did send that response to Derrick, in case it was contained with part of the paperwork Derrick is destroying because he feels we don’t need it anymore.
Another item, as an answer to a Altona FOIA request, I was informed that: “there was not a contract/agreement pertaining to the digging of trenches on the South Side of 200 and 300 West Main Street in 2017”.
That was obvious to me before I sent the FOIA request, but I did need the response in case Derrick does want to take the matter to court. When a municipality arranges for work to be done by another organization, like the digging of a drainage ditch alongside of a County highway, State of Illinois guidelines must be followed. That ditch at 300 W. Main is in violation of Illinois construction guidelines and law.
I don’t know if that ditch along the 300 W. block of Main was inspected by Road Committee Chair Jeramy Cokel before the bill for the work done was called to be voted on to be paid by Derrick. It appears NOT. The ditch is not within the specifications of the Illinois Department of Transportation Drainage Manual. (Village has no manual?)
If anyone on the Village Board reading this wants to look up State required specifications, the manual can be downloaded at:
http://www.idot.illinois.gov/Assets/uploads/files/Doing-Business/Manuals-Guides-&-Handbooks/Highways/Bridges/Hydraulics/IDOT%20DRAINAGE%20MANUAL.pdf (It is 794 pages long, but the required ditch specifications only take up a few pages.)
I have went through the entire Altona Code of Ordinances many times. I can find nowhere in village law that states if the Village of Altona allows weeds to develop on property owned, or under Altona municipal jurisdiction, it becomes the adjacent property owners responsibility to eliminate the village caused violation. And it not in County or State law either. I have studied those.
I think because I’m an “outsider” who has only lived in Altona for 18 years, and ran against Derrick for village president, he’s trying to fix my clock. But I really don’t have a clock that needs fixing. I think Derrick don’t realize that this website is just an alternative viewpoint, related to some of the things Derrick and the Board does. I think Altona should still be operating as a government by and for the people. And the acceptance and discussion of alternative viewpoints is the catalytic agent for all improvements.
Will village residents now be forced to do maintenance work on village owned and/or property under village jurisdiction? Are they insured by the village if they get hurt, or damage their equipment being used while doing it? We have to “wait & see”.
———— The June 21 Get-together in the Park —————
That didn’t work out as planned. The number of people that showed up was about as many residents that show-up at regular village held meetings. I do thank the one trustee that showed up, Dale Grawe, who is really concerned about how Altona currently operates. As both a Altona property owner and Altona trustee.
I will try to get the suggestions that have been submitted typed up and post them tomorrow. Then I will also take them to the next meeting for submission to the trustees on July 5th.
M A G A -- Editor: Rich Wegner 
Should Residents Toil on Village Property
Is it legal to order village residents to labor on village owned property without reimbursement. Derrick Appell says yes, he can tell residents what to do. And if they don’t do what he says, he will take them to court and have them fined hundreds of dollars.
On June 8, 2018, Derrick Appell sent me a letter stating that: “you have weeds/grasses of excess height growing in your ditch in the 301-301 block of W. Main”. Also that “Per the Village ordinance in Chapter Two of the Village of Altona Code Book, you have five (5) days in which to cut your grass”.
Then on June 15th, 2018, I received a second threat that it was Derrick’s final notice to conform to the Village of Altona Code Book of Ordinances; Chapter Two – Nuisances Section 2.02 – Section 3 Paragraph (i) as amended by Ordinance 2007-07 on July 5th, 2007.
I tried to explain to Derrick, that the weeds/grasses of excess height growing in the ditch in the 301-301 block of W. Main, are growing on Village maintained property. I asked Derrick: does the responsibility of mowing ones yard extend beyond the property boundaries of private ownership? (I never heard of something like that before.) Derrick’s answer was: The answer can be found in Section 3 Paragraph (i)
Well, the Code Book item (i) does state in it’s total wording: “Allowing to develop any noxious weed of any height, and any other weed, hereby defined as to include all rank vegetable growth over two (2) feet in height.” I think that is a great ordinance, and should be followed by all residents. I follow it. But there is no indication, in Altona’s Code Book, that residents should also be eradicating wild plant growth on village owned property, or be in violation of the Code, under code item (i).
Derrick’s threat to me, that I will get a Monetary Fine of hundreds of dollars if I don’t do what he commands to me to do, just don’t make sense under the County & State rule of law. The part of the letter, I received from the village, that states: “Failure to cut said weeds within five (5) days of the date of this notice will enact abatement of the weeds by the Village of Altona” does make sense to me. I feel, under the rules of law, it certainly is the job of the village to abate weeds on village owned property.
In an answer to an FOIA request to the County of Knox made by me, the County determined that they hold agreement with Altona that “West Main St. is under the jurisdiction of the Village of Altona from U.S. 34, westerly 0.05 miles to the road leading up to the sanitation plant.” (The entire County owned road width) I did send that response to Derrick, in case it was contained with part of the paperwork Derrick is destroying because he feels we don’t need it anymore.
Another item, as an answer to a Altona FOIA request, I was informed that: “there was not a contract/agreement pertaining to the digging of trenches on the South Side of 200 and 300 West Main Street in 2017”.
That was obvious to me before I sent the FOIA request, but I did need the response in case Derrick does want to take the matter to court. When a municipality arranges for work to be done by another organization, like the digging of a drainage ditch alongside of a County highway, State of Illinois guidelines must be followed. That ditch at 300 W. Main is in violation of Illinois construction guidelines and law.
I don’t know if that ditch along the 300 W. block of Main was inspected by Road Committee Chair Jeramy Cokel before the bill for the work done was called to be voted on to be paid by Derrick. It appears NOT. The ditch is not within the specifications of the Illinois Department of Transportation Drainage Manual. (Village has no manual?)
If anyone on the Village Board reading this wants to look up State required specifications, the manual can be downloaded at:
http://www.idot.illinois.gov/Assets/uploads/files/Doing-Business/Manuals-Guides-&-Handbooks/Highways/Bridges/Hydraulics/IDOT%20DRAINAGE%20MANUAL.pdf (It is 794 pages long, but the required ditch specifications only take up a few pages.)
I have went through the entire Altona Code of Ordinances many times. I can find nowhere in village law that states if the Village of Altona allows weeds to develop on property owned, or under Altona municipal jurisdiction, it becomes the adjacent property owners responsibility to eliminate the village caused violation. And it not in County or State law either. I have studied those.
I think because I’m an “outsider” who has only lived in Altona for 18 years, and ran against Derrick for village president, he’s trying to fix my clock. But I really don’t have a clock that needs fixing. I think Derrick don’t realize that this website is just an alternative viewpoint, related to some of the things Derrick and the Board does. I think Altona should still be operating as a government by and for the people. And the acceptance and discussion of alternative viewpoints is the catalytic agent for all improvements.
Will village residents now be forced to do maintenance work on village owned and/or property under village jurisdiction? Are they insured by the village if they get hurt, or damage their equipment being used while doing it? We have to “wait & see”.
———— The June 21 Get-together in the Park —————
That didn’t work out as planned. The number of people that showed up was about as many residents that show-up at regular village held meetings. I do thank the one trustee that showed up, Dale Grawe, who is really concerned about how Altona currently operates. As both a Altona property owner and Altona trustee.
I will try to get the suggestions that have been submitted typed up and post them tomorrow. Then I will also take them to the next meeting for submission to the trustees on July 5th.
Share this: