A. When the chief of police of the city of Alton receives two (2) or more police reports documenting the occurrence of nuisance activity on or within a property, the chief of police shall independently review such report to determine whether they describe criminal acts. Upon such findings the chief may:
1. Notify persons in charge, including, but not limited to, the owner and any tenant(s), in writing that the property is in danger of becoming a chronic nuisance property. The notice shall contain the following information:
a. The street address or a legal description sufficient for identification of the property;
b. A statement that the chief of police has information that the property may be chronic nuisance property, with a concise description of the nuisance activities that may exist, or that have occurred. The chief of police shall offer the person in charge an opportunity to propose a course of action that the chief of police agrees will abate the nuisance activities giving rise to the violation;
c. A statement that the action does not mandate eviction of a tenant or other occupant, and that any eviction action must be conducted in accordance with the statutory requirements stated in Illinois forcible entry and detainer act, 735 Illinois Compiled Statutes 5/9-101 et seq.;
d. The exceptions in section 9-7-5 of this chapter;
e. Information allowing any tenant(s) to request a meeting with appropriate city officials, including the chief of police or his designee, to discuss or correct the allegations contained in the notice and the need for abatement measures at the premises;
f. Demand that the person in charge respond to the chief of police within ten (10) days to discuss the nuisance activity.
B. After complying with the notification procedures described herein when the chief of police receives a police report documenting the occurrence of a third nuisance activity at or within the property and determines that the property has become a chronic nuisance property, the chief of police shall:
1. Notify the person in charge, including, but not limited to, the owner and any tenant(s), in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information:
a. The street address or legal description sufficient for identification of the property;
b. A statement that the chief of police has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to his/her findings;
c. A statement that the action does not mandate eviction of a tenant or other occupant, and that any eviction action must be conducted in accordance with the statutory requirements stated in Illinois forcible entry and detainer act, 735 Illinois Compiled Statutes 5/9-101 et seq.;
d. The exceptions in section 9-7-5 of this chapter;
e. Information allowing any tenant(s) to request a meeting with appropriate city officials, including the chief of police or his designee, to discuss or correct the allegations contained in the notice and the need for abatement measures at the premises;
f. Demand that the person in charge respond within ten (10) days to the chief of police and propose a course of action that the chief of police agrees will abate the nuisance activities giving rise to the violation.
Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property believed to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the chief of police.
A copy of the notice shall also be posted at the property after ten (10) days has elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the chief of police.
2. If after the notification, but prior to the commencement of legal proceedings by the city pursuant to this chapter, a person in charge stipulates with the chief of police that the person in charge will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the chief of police may agree to postpone legal proceedings for a period of not less than ten (10) days nor more than thirty (30) days. If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within thirty (30) days, the chief of police shall request authorization for the corporation counselor or the city attorney to commence a legal proceeding to abate the nuisance.
3. Concurrent with the notification procedures set forth herein, the chief of police shall send copies of the notice, as well as any other documentation which supports legal proceedings, to the corporation counselor or the city attorney.
C. When a person in charge makes a response to the chief of police as required above, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose. (Ord. 7549, 12-21-2016)