A. Abatement Of Nuisance: The Village may commence an action in the Circuit Court for a determination that the property is a chronic nuisance property and/or to abate a chronic nuisance property as described above.
B. Injunctive Relief: Upon being satisfied by affidavits or other sworn evidence that an alleged chronic nuisance property exists, the court may, without notice or bond, enter a temporary restraining order or a preliminary injunction or permanent injunction to enjoin any defendant from maintaining such chronic nuisance property and may enter an order restraining any defendant from occupying, using or interfering with all property used in connection with the chronic nuisance property.
C. Burden Of Proof:
1. In an action seeking closure of a chronic nuisance property, the Village shall have the initial burden of showing by a preponderance of the evidence that the property is a chronic nuisance property.
2. It is a defense to an action seeking the closure of a chronic nuisance property that the owner of the property or person(s) in charge, 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 of others in possession leading to the findings that the property is a chronic nuisance property.
3. In establishing the amount of any civil penalty requested, the court may consider any of the following factors if they are found appropriate, and shall cite those found applicable:
a. The actions or lack of action taken by the owner or person(s) in charge to mitigate or correct the nuisance activity at the property.
b. Whether the nuisance activity at the property was repeated or continuous.
c. The magnitude or gravity of the nuisance activity at the property.
d. The cooperation of the owner or person(s) in charge of the property with the Village.
e. The cost to the Village of investigating and correcting or attempting to correct the condition.
D. Remedy:
1. In the event a court determines a 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 until all the nuisance activities and/or violations complained of are abated or the court may employ any other remedy deemed by it appropriate to abate the nuisance.
2. In addition to the remedy provided in subsection D1 of this section, the court may impose upon the owner, person(s) in charge and/or occupant(s) of the property in question a civil penalty in an amount not to exceed seven hundred fifty dollars ($750.00) per day, payable to the Village of Bartlett for each day the owner, person(s) in charge and/or occupant(s) had actual knowledge that the property was a chronic public nuisance property and permitted the property to remain a chronic public nuisance property.
3. In determining what remedy or remedies to employ, 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 occurrence of other nuisances on or from the property, excluding therefrom occurrences involving: 1) contacts with the intent to prevent or respond to actual or threatened domestic violence or sexual violence; 2) intervention of emergency assistance to respond to or prevent domestic violence or sexual violence; 3) contact concerning an individual with a disability and the purpose of contact; or 4) criminal activity related to actual or threatened domestic violence or sexual violence, except as provided in subsection Y under the definition of nuisance activities.
c. The property's general reputation and/or the reputation of persons in or frequenting the property.
4. The court may authorize the Village to physically secure the property against use or occupancy in the event the owner fails to do so within the time specified by the court. In the event that the Village is authorized to secure the property, all costs reasonably incurred by the Village to effect the closure shall be made and assessed as a lien against the property and a debt to the Village. As used herein, "costs" mean those costs actually incurred by the Village for the physical securing of the property.
5. The Police Department, Village Building Department and/or Community Development Department employee(s) effecting the closure shall prepare a statement of costs, and the Village shall thereafter submit said statement to the court for its review. If no objection of the statement is made within the period described by the court, a lien in said amount may be recorded against said property.
6. Any person who is assessed the cost of closure and/or civil penalty by the court shall be personally liable for the payment thereof to the Village. (Ord. 2017-114, 9-5-2017)