(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COURSE OR PATTERN OF CRIMINAL ACTIVITY. Two or more gang-related criminal offenses committed in whole or in part within this state when: (1) at least one such offense was committed after the effective date of the Illinois Streetgang Terrorism Omnibus Prevention Act, ILCS Ch. 740, Act 147, §§ 1 et seq.; (2) both offenses were committed within five years of each other; and (3) at least one offense involved the solicitation to commit, conspiracy to commit, attempt to commit or commission of any offense defined as a felony or forcible felony under the Criminal Code of 1961, ILCS Ch. 720, Act 5, §§ 1-1 et seq. COURSE OR PATTERN OF CRIMINAL ACTIVITY also means one or more acts of criminal defacement of property under § 21-1.3 of the Criminal Code of 1961, ILCS Ch. 720, Act 5, § 21-1.3, if the defacement includes a sign or other symbol intended to identify the streetgang.
PREMISES. Any parcel of property and the building(s) or structure(s), if any, situated thereon and any public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of an illegal activity.
STREETGANG, GANG, ORGANIZED GANG or CRIMINAL STREET GANG. Any combination, confederation, alliance, network, conspiracy, understanding or other similar conjoining, in law or in fact, of three or more persons with an established hierarchy that, through its membership or through the agency of any member, engages in a course or pattern of criminal activity.
STREETGANG RELATED or GANG-RELATED. Any criminal activity, enterprise, pursuit or undertaking directed by, ordered by, authorized by, consented to, agreed to, requested by, acquiesced in or ratified by any gang leader, officer or governing or policy-making person or authority, or by any agent, representative or deputy of any such officer, person or authority: (1) with the intent to increase the gang's size, membership, prestige, dominance or control in any geographical area; (2) with the intent to provide the gang with any advantage in or any control or dominance over any criminal market sector including, but not limited to, the manufacture, delivery or sale of controlled substances or cannabis; arson or arson-for-hire; traffic in stolen property or stolen credit cards; traffic in prostitution, obscenity or pornography; dog fighting; or that involves robbery, burglary or theft; (3) with the intent to exact revenge or retribution for the gang or any member of the gang; (4) with the intent to obstruct justice or intimidate or eliminate any witness against the gang or any member of the gang; or (5) with the intent to otherwise directly or indirectly cause any benefit, aggrandizement, gain, profit or other advantage whatsoever to or for the gang, its reputation, influence or membership.
(B) Public nuisance. Any premises erected, established, maintained, owned, leased or used by a gang for the purpose of conducting gang-related activity or used for any activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or local law is hereby declared to be a public nuisance; provided that no public nuisance or violation of this section shall be deemed to exist unless:
(1) The property is used for two or more such offenses within any six month period; or
(2) The offense for which the property is used is punishable by imprisonment for one year or more.
(C) Violations. Any person who owns, manages or controls any premises and who: (1) encourages or permits an illegal activity described in division (B) of this section to occur or continue on such premises; or (2) fails to implement abatement measures identified in the notice issued pursuant to division (F) of this section or other abatement measures that successfully abate the nuisance within the ten calendar day period following the notice, or within any other agreed upon period, shall be subject to a fine in accordance with division (D) of this section. No person shall be found in violation of division (C)(2) of this section unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them. A person may be found in violation of division (C)(1) or (C)(2) of this section regardless of whether an order of abatement is issued under division (E) of this section or in violation of division (C)(1) of this section, regardless of whether a notice has been given under division (F) of this section. A fine in accordance with division (D) of this section may be assessed in a court of competent jurisdiction, through the city's administrative adjudication procedure or by agreement or waiver of the person who is alleged to have violated this section.
(D) Fines. Any person found to have violated this section shall be fined not less than $100 and not more than $750 for any violation of this section. Each day that a violation of this section continues shall be considered a separate and distinct offense.
(E) Abatement of public nuisances. The Building Director or a designee of the City Council may bring an action to abate a public nuisance in a court of competent jurisdiction or through the city's administrative adjudication procedure. The presiding authority shall issue an order of abatement upon a finding of liability under this section. The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity at the premises. In ordering these measures, the presiding authority shall consider the magnitude of the harm caused by the nuisance, the value of the property and the extent to which the defendant has failed to take effective measures to abate the nuisance. Those measures may include, but are not limited to, making improvements to the premises and installing lighting to enhance security, hiring licensed and insured security personnel, hiring a receiver and/or initiating and executing eviction proceedings against tenants engaged in illegal activity.
(F) Written notice for abatement. Every person owning, leasing, occupying or controlling any premises within the corporate limits of the city where a public nuisance, as defined by division (B) of this section, is being maintained, shall take all necessary steps to remove or abate the nuisance. Whenever the Building Director or an authorized representative of the City Council reasonably believes that any premises constitutes a public nuisance, as described in division (B) of this section, he or she shall give written notice to the person who owns or controls the premises. Such notice shall include, but not be limited to, stating that a nuisance exists and identifying reasonable abatement measures that must be taken within ten calendar days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, return receipt requested. The notice shall provide the recipient a reasonable opportunity to meet with a representative of the city to discuss the allegations in the notice and the need for abatement measures or participate in the city's administrative adjudication process. Failure to attend a meeting, participate in the city's administrative adjudication process or implement the abatement measures requested in the notice, or those subsequently agreed to, within the ten calendar day period following the notice, or within any period subsequently agreed upon, comprises a violation of division (C)(2) of this section.
(G) Abatement by city. To ensure the safety of the residents of the city, whenever any public nuisance is found on any premises within the city, the Building Director or a designee of the City Council is authorized to cause the nuisance to be summarily abated in such manner as the city may direct.
(H) (1) Exemptions. Nothing in this section shall exempt the city from following the procedures set forth in Chapter 1478 of this Code titled, "Historic Preservation" or from following any other applicable Code provision. In addition to following any applicable provisions of this section, the city shall follow the procedures set forth in Chapter 1478 of this Code when altering or demolishing an eligible or designated historic landmark or a building, structure or improvement in a designated historic district.
(2) Demolition; permit. In the event that the city contemplates demolishing a structure because the structure is a public nuisance, the city shall submit the demolition permit to the Historic Preservation Commission in conjunction with the provisions of §§ 1478.19(B) and/or 1443.05 of this Code. To the extent that any conflicts exist between this section and Chapter 1478 of this Code, the provisions of Chapter 1478 shall in all instances control and prevail. To the extent that any conflicts exist between this section and § 1443.05 of this Code, the provisions of § 1443.05 of this Code shall in all instances control and prevail.
(Ord. 10-46, passed 8-10-2010)