A. It is hereby declared a nuisance and contrary to the health, peace and comfort of the City for any property owner, property manager or other person in possession, occupancy of or control or responsible for the management or oversight of rental property in the City subject to this chapter to allow or permit the following:
1. The rental, possession or occupancy of a dwelling or dwelling unit to a person who engages in or allows the following activity to occur on, in or in connection with the rental property: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, possession of harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act or commission of any two (2) or more of any other crimes under the State of Illinois or under the Federal government not specifically listed above (hereinafter "criminal activity");
2. The rental, sublease, possession or occupancy of a dwelling or dwelling unit to a person who engages in or allows the following activity to occur on, in or in connection with the rental property: commission of four (4) or more City ordinance violations in a six (6) month period, or an unreasonably high number of calls for police service including, but not limited to, calls that may fall within the descriptions listed above that when compared to other properties in the City of Batavia of similar type, reasonably indicate that the activity at the rental property, or dwelling, dwelling unit or portion thereof, is out of character for the area and is impacting the quality of life of people residing in the area.
B. A person shall be deemed to have allowed an activity to take place if that person had knowledge or reasonably should have known of facts indicating a reason to believe that such activity:
1. Was about to occur or was occurring and took no action reasonably calculated to prevent or stop the action; or
2. Occurred and took no action reasonably calculated to prevent the same or similar activity from happening again.
C. Action reasonably calculated to prevent or stop nuisance activity or to prevent the same or similar activity from happening again shall include, but is not limited to, giving notice to the police of the suspected activity and the identity of the person(s) suspected to have been involved in the activity; initiation of eviction proceedings consistent with a Crime Free Addendum or other provisions of the lease; and entering into a no-trespassing agreement with the Police Department and identifying individuals as trespassers who are not lessees who have been involved or suspected to be involved in the nuisance activity; and following through with recommendations of the Police Department to reduce crime and nuisance activity. (Ord. 13-42, 11-4-2013, eff. 12-1-2013)
D. Notwithstanding any provisions of subsections A1 and A2 of this section to the contrary, the following contacts and activity shall not be counted in determining whether a nuisance has occurred:
1. Contact made to police or other emergency services, if: a) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; b) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or c) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability;
2. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or
3. Criminal activity or a local ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest, or other party.
E. Nothing with respect to this section: 1) limits enforcement of section 15.2 of the Emergency Telephone System Act, article 26 of the Criminal Code of 2012, or article IX of the Code of Civil Procedure; 2) prohibits municipalities from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or a local ordinance violation not covered by subsection D of this section and to the extent otherwise permitted by existing State and Federal law; or 3) limits or prohibits the eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence, or other criminal activity. (Ord. 15-49, 10-19-2015)