(A) The following physical conditions, inside or outside the property, shall constitute a nuisance:
(1) Two or more separate violations after disposition of a finding of guilty by the Circuit Court of the county for those violations, or similar finding of liability by the City Administrative Hearing Officer for violation of the city’s Property Maintenance Code, Building Code, Residential Code, Mechanical Code, Fuel Gas Code, Fire Code, Energy Conservation Code, Plumbing Code, Electrical Code or Accessibility Code;
(2) Criminal housing management as defined in 720 ILCS 5/12-5.1;
(3) Structure unfit for human occupancy or unsafe structure as defined in the Building Code or Property Maintenance Code as adopted by the city; and
(4) Unlawful structure as defined in the Building Code or Property Maintenance Code as adopted by the city.
(B) The following criminal activity and events occurring on a property, inside or outside the structure or dwelling unit, shall constitute a nuisance:
(1) Any offense defined and prohibited by Act 5 of the Illinois Criminal Code of 2012, 720ILCS 1-1 et seq.;
(2) Any offense defined and prohibited by the Cannabis Control Act, 720 ILCS 550/1 et seq.;
(3) Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.; or any offense defined and prohibited by the Methamphetamine Control and Community Protection Act, 720 ILCS 646/1 et seq.;
(4) Any offense defined and prohibited by § 6-16 (prohibited sales and possession) or § 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the Liquor Control Act of 1934, 235 ILCS 5/6-16 and 5/6-20;
(5) Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1 et seq.; and
(6) Failure to pay property taxes and other fees owed the city.
(C) Notwithstanding the foregoing provisions set forth in division (B) above, pursuant to § 1-2-1.5 of the Illinois Municipal Code, 65 ILCS 5/1-2-1.5, the following activities, behavior or conduct are hereby excluded as being nuisance activities:
(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 of emergency assistance was needed to respond to or prevent domestic violence or sexual violence; and
(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 an owner, tenant, household member, guest or other party occurring on the property within the city; or
(3) Criminal activity or a local ordinance violation occurring on the property that is directly relating to domestic violence or sexual violence engaged in by an owner, a tenant, member of a tenant’s household, guest or other party, and against an owner, a tenant, household member, guest or other party.
(D) Notwithstanding the exclusions set forth in division C(1)(a), (C)(1)(b) and/or (C)(1)(c) above, nothing set forth therein limits the enforcement of:
(1) Section 15.2 of the Emergency Telephone System Act, 50 ILCS 750/15/2;
(2) Article 26 of the Criminal Code of 2012, 720 ILCS 5/26-1 et seq.;
(3) Article X of the Code of Civil Procedure, 735 ILCS 5/10-101 et seq.;
(4) Prohibits the city from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or local ordinance violation not covered by division C(1)(a), (C)(1)(b) and/or (C)(1)(c) of this section to the extent otherwise permitted by state and federal laws; or
(5) Limits or prohibits the eviction of or imposition of penalties on the perpetrator of the domestic violence or other criminal activity.
(Ord. 2021-29, passed 8-24-2021) Penalty, see § 10.99