A. Definition: Chronic nuisance property is property upon which two (2) or more of the following criminal activities have occurred during any sixty (60) day period as a result of any two (2) separate factual events that have been independently investigated by any law enforcement agency:
1. Unlawful use of weapons, 720 Illinois Compiled Statutes 5/24-1.
2. Unlawful use or possession of weapons by felons or persons in the custody of the department of corrections facilities, 720 Illinois Compiled Statutes 5/24-1.1.
3. Aggravated discharge of a firearm, 720 Illinois Compiled Statutes 5/24-1.2.
4. Reckless discharge of a firearm, 720 Illinois Compiled Statutes 5/24-1.5.
5. Unlawful sale or delivery of firearms, 720 Illinois Compiled Statutes 5/24-3.
6. Unlawful possession of firearms and firearm ammunitions, 720 Illinois Compiled Statutes 5/24-3.1.
7. Aggravated unlawful use of a weapon, 720 Illinois Compiled Statutes 5/24-1.6.
8. Armed habitual criminal, 720 Illinois Compiled Statutes 5/24-1.7.
9. Unlawful possession of firearm by a street gang member, 720 Illinois Compiled Statutes 5/24-1.8.
10. Gunrunning, 720 Illinois Compiled Statutes 5/24-3A.
11. Firearms trafficking, 720 Illinois Compiled Statutes 5/24-3B.
12. Unlawful sale or delivery of firearms on the premises of any school, regardless of the time of day or the time of year, or any conveyance owned, leased or contracted by a school to transport students to or from school or a school related activity, or residential property owned, operated or managed by a public housing agency, 720 Illinois Compiled Statutes 5/24-3.3.
13. Unlawful sale of firearms by liquor licensee, 720 Illinois Compiled Statutes 5/24-3.4.
14. Unlawful purchase of a firearm, 720 Illinois Compiled Statutes 5/24-3.5.
15. Possession of a stolen firearm, 720 Illinois Compiled Statutes 5/24-3.8.
16. Aggravated possession of a stolen firearm, 720 Illinois Compiled Statutes 5/24-3.9.
17. Controlled substance trafficking, 720 Illinois Compiled Statutes 570/401.1.
18. Unlawful possession of a controlled or counterfeit substance or controlled substance analog, except as otherwise authorized by statute, 720 Illinois Compiled Statutes 570/402.
19. Prostitution, 720 Illinois Compiled Statutes 5/11-14.
20. Solicitation of a sexual act, 720 Illinois Compiled Statutes 5/11-14.1.
21. Patronizing a prostitute, 720 Illinois Compiled Statutes 5/11-18.
22. Patronizing a minor engaged in prostitution, 720 Illinois Compiled Statutes 5/11-18.1.
23. Disorderly conduct, 720 Illinois Compiled Statutes 5/26-1.
24. Mob action, 720 Illinois Compiled Statutes 5/25-1.
25. Public indecency, 720 Illinois Compiled Statutes 5/11-30.
26. Assault, 720 Illinois Compiled Statutes 5/12-1; aggravated assault, 720 Illinois Compiled Statutes 5/12-2.
27. Battery, 720 Illinois Compiled Statutes 5/12-3; battery of an unborn child, aggravated battery of an unborn child, 720 Illinois Compiled Statutes 5/12-3.1; domestic battery, 720 Illinois Compiled Statutes 5/12-3.2; aggravated battery, 720 Illinois Compiled Statutes 5/12-3.05.
28. Unlawful possession or consumption of alcohol by a minor, 235 Illinois Compiled Statutes 5/6-20. (Ord. 19-2005, 11-14-2005; amd. 2017 Code)
B. Violations: Any property within the city which becomes a chronic nuisance property is in violation of this section and is subject to its remedies. Any person in charge who permits property under his or her ownership or control to be a chronic nuisance property shall be in violation of this section and subject to its remedies.
C. Notice To Abate:
1. When the chief of police receives a report documenting the occurrence of a second nuisance activity at or within a property and determines that the property has become a chronic nuisance property, the chief of police shall notify the person in charge in writing that the property has been determined to be a chronic nuisance property. The notice shall contain the following information: the street address or legal description sufficient for identification of the property; 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; and a 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.
2. 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.
3. A copy of the notice shall be served on the owner at such address as shown on the tax rolls of the county, and/or the occupant, at the address of the property, if these persons are different than the persons in charge, and shall be made either personally or by first class mail, postage prepaid.
4. 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 if the person in charge has not contacted the chief of police.
5. The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this section.
6. 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 counsel.
D. Abatement By Individual:
1. After the notification, but prior to the commencement of legal proceedings by the city pursuant to this section, a person in charge which 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) nor more than thirty (30) days.
2. 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 counsel to commence a legal proceeding to abate the nuisance.
3. 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. 19-2005, 11-14-2005)
E. Abatement By City: The corporation counsel of the city may commence an action to abate a chronic nuisance as described in this section. Upon being satisfied by affidavit or other sworn evidence that an alleged chronic nuisance exists, the court may, without notice or bond, enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the chronic nuisance. (Ord. 19-2005, 11-14-2005; amd. 2017 Code)
F. Closing Of Property; Burden Of Proof:
1. In an action seeking closure of a chronic nuisance property, the city shall have the initial burden of showing, by a preponderance of the evidence, that the property is a chronic nuisance property. (Ord. 19-2005, 11-14-2005)
2. It is a defense to an action seeking the closure of chronic nuisance property that the owner of the property, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic nuisance property. (Ord. 19-2005, 11-14-2005; amd. 2017 Code)
3. In establishing the amount of any civil penalty requested, the court may consider any of the following factors and shall state those found applicable:
a. The action or lack of action taken by the person in charge to mitigate or correct the problem at the property;
b. Whether the problem at the property was repeated or continuous;
c. The magnitude or gravity of the problem;
d. The cooperation of the person in charge with the city; or
e. The cost to the city of investigating and correcting or attempting to correct the condition.
G. Remedies:
1. In the event a court determines property to be a chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than thirty (30) days, but not more than one hundred eighty (180) days, or the court may employ any other remedy deemed thereby to be appropriate to abate the nuisance. (Ord. 19-2005, 11-14-2005)
2. In addition to the remedy provided in subsection G1 of this section, the court may impose upon the owner of the property a civil penalty in the amount of up to one hundred dollars ($100.00) per day, payable to the city of Athens, for each day the owner had actual knowledge that the property was a chronic nuisance property and permitted the property to remain a chronic nuisance property. (Ord. 19-2005, 11-14-2005; amd. 2017 Code)
3. In determining what remedy or remedies shall be employed, the court may consider evidence of other conduct which has occurred on the property including, but not limited to:
a. The disturbance of neighbors.
b. The recurrence of loud and obnoxious noises. (Ord. 19-2005, 11-14-2005)