A. Preabatement Procedure: Whenever the Chief of Police of the Village of Bartlett Police Department shall receive two (2) or more police reports generated in the ordinary course of the business of the department, or any reports from sworn personnel of any other law enforcement agency lawfully exercising jurisdiction in the Village of Bartlett, which reports describe the commission of any acts or conduct occurring on at least two (2) separate occasions within the same twelve (12) months at, in or on the same property which could constitute any two (2) or more of the offenses set forth in the definition of nuisance activity, the Chief of Police shall independently review said reports defined in this chapter as "nuisance activities" and determine whether such acts or conduct in fact constitute any of said offenses. In the event that the Chief of Police determines that said reports in fact describe the commission of acts or conduct which constitute any two (2) or more of said offenses that constitute nuisance activity, the Chief of Police may take the following action:
1. Notify by certified mail, return receipt requested, and by regular mail, or by personal service, the last taxpayer of record at such address shown on the tax rolls of the County in which the property is located and the occupants, at the address of the property if those persons are different from the person in charge, and to the property manager or its designee in the case of multi-family residential property, and to any other known person in charge of the property in question, at such other place likely to give the owner, person(s) in charge or tenant(s) in possession notice that said property may be in danger of becoming a chronic nuisance property under the provisions of section 5-10-2 of this chapter, which notice shall identify the property in question by either street address or legal description, and the permanent index number (PIN), describe the acts or conduct which have occurred on the property that could serve as part of the basis for determining that the property may become a chronic nuisance property, and demand that the owners and occupants, and the property manager or its designee in the case of multi-family residential property, and other person in charge, if any, contact the Chief of Police within fourteen (14) days of the date of the letter to discuss potential courses of action which will prevent and deter the property in question from becoming a chronic nuisance property.
2. After complying with the notification procedure set forth in subsection A1 of this section, if the Chief of Police of the Village of Bartlett Police Department receives an additional police report describing the commission of subsequent acts or conduct that constitute nuisance activity within the same twelve (12) month period as the acts or conduct with respect to which a notification was issued in accordance with subsection A1 of this section, which acts or conduct were committed at the same property described in said notice and which could constitute the commission of one or more of the offenses set forth in the definition of chronic nuisance activity, then the Chief of Police shall review such report and determine whether or not such acts or conduct in fact constitute one or more of the said offenses, and, in the event that the Chief of Police determines that such acts or conduct do constitute one or more of the said offenses, then the Chief of Police shall, by certified mail, return receipt requested, and by regular mail, or by personal service, and, in addition to either of the foregoing, by posting on the property itself, provide notice to the last taxpayer of record at the address shown on the tax rolls of the County in which the property is located, and the occupants at the address of the property if those persons are different than the person in charge, and to the property manager or its designee in the case of multi-family residential property, and to any other known person in charge, with a second notice, which notice shall inform the owners, occupants, property manager (if applicable) and any other person in charge that the property in question has become and is in fact a chronic nuisance property under section 5-10-2 of this chapter, describe all of the acts and conduct forming the basis for the determination that the property in question is a chronic nuisance property, and demand that the owner(s) and occupant(s) of the property and the property manager in the case of multi-family residential property, and any other person in charge respond and meet with the Chief of Police within fourteen (14) days of the date of the notice to determine and implement a course of action which will result in the abatement of the property as a chronic nuisance property.
3. Proof that the notices requested under this section were sent or given in the manner required hereunder shall be deemed proof that the owners or occupants, property manager, and/or other person in charge of the property to which the notices related received such notices. Notice to an owner, occupant, property manager, or other person in charge shall not obviate or excuse any other party from his, her, their or its obligations under this chapter.
B. Abatement Plan: At the meeting between the Chief of Police and the parties notified who are in attendance, the Chief of Police may request that the owner, person in charge, or his, her or its tenant and/or the property manager for the multi-family residential development or building in which the property lies in the case of multi-family residential property, implement a reasonable abatement and/or mitigation plan designed to obviate and prevent future occurrences of the nuisance activity upon the property. The mitigation or abatement plan shall be reasonable under the circumstances in its objective, cost and scope and shall commence to be implemented within seven (7) days of the meeting with the Chief of Police and fully implemented within thirty (30) days of said meeting, or such longer period as allowed by the Chief of Police if not practically feasible to complete within thirty (30) days.
1. If the nuisance activity complained of has or is being conducted by a tenant and/or other occupants residing in or on the property, the Chief of Police may request the owner, person in charge and/or property manager to evict the tenant and all occupants. In the event eviction is requested, the owner, or person in charge shall proceed with such action forthwith and in good faith.
2. The Village will assist in the eviction action by reasonably cooperating with the owner, person in charge, and/or property manager, including, but not limited to, providing upon reasonable advance notice of any trial, law enforcement officers, and if applicable, other Municipal employees as witnesses regarding the nuisance activity if relevant.
C. No Admission: When any party affected by this section responds and meets with the Chief of Police as required above, no statements made in connection with the furnishing of that response or in a meeting shall constitute or be used as an admission that any nuisance activity has or is occurring. This subsection does not require the exclusion of any other evidence which is otherwise admissible and offered for any other purpose than an admission by a person affected by this chapter. (Ord. 2017-114, 9-5-2017)