(A) The village shall maintain a Crime Free Multi-Housing Program involving the Police Department working in cooperation with landlords of village residential rental properties.
(B) Any owner of property that is being rented out for residential purposes, his or her managing agent or designee, shall attend and complete a village Crime Free Multi-Housing Program Seminar, administered by the Police Department, prior to obtaining or being issued an operating license. Any current license holders shall have until December 1, 2007 to attend the village Crime Free Multi-Housing Program Seminar. In the event that the Seminar is not available prior to obtaining the operating license, a conditional license may be issued subject to the owner or managing agent attending said Seminar within three months of issuance of the license. If the Seminar is not attended within three months, the license shall be void without any need of further action. Following attendance at the Seminar and approval of an operating license application, the license shall be issued for the balance of the year. If a new managing agent is hired, the new manager shall have three months from date of hire to attend the village Crime Free Multi-Housing Seminar. The Crime Free Multi-Housing Coordinator, as designated by the Chief of Police, shall provide the Finance Director with a list of owners and managing agents who have attended the Seminar, with the date of attendance and verification that the owner or agent has complied with this section and is eligible to obtain, maintain or renew the operating license.
(C) Any owner, managing agent or designee of residential rental property is required to utilize a crime free lease addendum or have a clause in the lease similar to a crime free lease addendum for any leases executed after November 30, 2007. Prior to issuance of an operating license, a completed operating license application must be filed with the Clerk as outlined in § 124.04, and a copy of the crime free lease addendum or lease containing a crime free clause must be provided with the application. The Crime Free Multi-Housing Coordinator shall provide at no cost, samples of the crime free lease addendum and shall review any clauses within actual leases with the Village Attorney to determine if the clause is similar to the crime free lease addendum. The clause is to make criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of or permitted by the renter, member of the household, guest or other party under the control of the renter) a lease violation. Under this clause, the landlord shall have authority to initiate an eviction proceeding as specified in the Illinois Compiled Statutes, Forcible Entry and Detainer. Proof of criminal violation shall be by a preponderance of the evidence.
(D) It is hereby declared a nuisance and to be declared against the health, peace and comfort of the village for any property owner, agent or manager to allow or permit any of the following:
(1) Rental of a residential unit or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, 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 or more of any other crimes under the state or under the Federal Government not specifically listed above; and
(2) Rental of a residential unit, or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: commission of three or more village ordinance violations in a six 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 village of similar type, reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of those in the area.
(E) Upon declaration of a nuisance as outlined above, whereby a property is being operated in a manner not conducive to the public health, morals or safety, the Village Manager may suspend and/or recommend revocation of any license pursuant to § 124.18. Further, said declaration shall trigger the crime free lease addendum required for all such licenses, thereby authorizing landlords to commence eviction proceedings on the nuisance residential rental property.
(Ord. 7-40, passed 6-20-07) Penalty, see § 124.99