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(A) At the end of the eleventh month on the nuisance property registry, the Building Department shall do a review of the status of the property to determine if the property should be removed from the registry or be required to remain on the registry for an additional 12-month registry period.
(B) Those owners who have resolved the issue(s) that caused their property to be placed on the nuisance property registry and have had no or few violations will be removed from the registry while those who have properties that continue to have violations shall remain on the registry.
(Ord. 2021-29, passed 8-24-2021)
(A) Inspection fee. An owner of property determined to be a chronic nuisance property shall pay a fee of $150 per building, plus an additional $50 for each dwelling unit above two dwelling units. This inspection fee shall cover the initial inspection, first reinspection at six months and the annual performance evaluation provided for in § 95.078.
(B) An owner shall pay a fee of $150 for any additional inspection not provided for in division (A) above.
(C) The fee for rescheduling an inspection shall be $50.
(Ord. 2021-29, passed 8-24-2021)
(A) Whenever the Chief of Police of the city receives one or more police reports documenting the occurrence of a nuisance activity, as herein defined, on or within a property, the Chief of Police shall independently review such reports and any other relevant facts or evidence to determine whether criminal activity, nuisance activity or other prohibited conduct as provided in this chapter has occurred at the property in question. Upon a finding that the complained of activity has occurred, the Chief of Police may notify the owner, in writing, that the property is in danger of becoming a chronic nuisance property.
(B) The notice shall contain the following information:
(1) The street address and property index number sufficient for identification of the property;
(2) A statement that the Police Department has information that the property may be a chronic nuisance property, with a concise description of the criminal or nuisance activity(ies) that may exist or that has occurred;
(3) Service of notice shall be provided by either personal delivery or by first-class mail postage prepaid, addressed to the owner at the address of the property believed to be a chronic nuisance property, or such other place which is likely to give notice of the determination by the Chief of Police;
(4) A copy of the notice shall also be served on the taxpayer of record at such address as shown on the tax rolls of the county and/or the occupant, at the address of the property, if these persons are different from the owner and shall be made either personally or by first-class mail, postage prepaid; and
(5) Demand that the owner respond and meet with the Chief of Police within 20 days of receipt of the notice. Refusal of receipt of the notice by any party to whom notice is sent shall be deemed receipt of the notice for purposes of this section.
(Ord. 2021-29, passed 8-24-2021)
(A) At the meeting, the Chief of Police may request that the owner implement a reasonable abatement plan designed to alleviate and prevent future occurrences of criminal activity or nuisance activity upon the property. The mitigation or abatement plan shall be reasonable under the circumstances in its objective, cost and scope, and shall be implemented within 60 days of the meeting with the Chief of Police or such longer period if not practically feasible to do so within 60 days.
(B) If the criminal activity or nuisance activity complained of has or is being conducted by a tenant leasing the property, and such activity is a violation of the material terms of a lease agreement, the Chief of Police may request that the owner evict the tenant and further request that future tenants execute a “crime free lease addendum”. If eviction is requested, the owner shall proceed with such an action in good faith. The city shall assist in the eviction action by reasonably cooperating with the owner, manager(s) or person(s) in charge of the property, including, but not limited to, providing law enforcement officers or other municipal employees as witnesses regarding the nuisance activity if relevant.
(C) When any party affected by this section responds and meets with the Chief of Police as required above, no statements made in connection with the furnishing of that response or in a meeting shall constitute or be used in any judicial or quasijudicial proceeding as an admission that any nuisance activity has or is occurring at or on the property. This division (C) does not require the exclusion of any other evidence which is otherwise admissible and offered for any other purpose than an admission by a person affected by this section.
(Ord. 2021-29, passed 8-24-2021)
(A) At any hearing before the Administrative Adjudication Hearing Officer held in accordance with Chapter 11 of this code of ordinances to determine whether the property in question is a chronic nuisance property, the city shall have the initial burden of proof to show, by a preponderance of evidence, that the property in question is a chronic nuisance property. Notice of the hearing shall be provided to all persons or entities that may be adversely affected by a decision declaring the property to be a chronic nuisance property.
(B) The city’s representative shall present evidence in support of its claim that the property is a chronic nuisance property. The owner shall be permitted to rebut such evidence.
(C) No continuances shall be authorized by the Administrative Hearing Officer in proceedings under this section unless for good cause shown or except where a continuance is absolutely necessary to protect the rights of any party to the proceeding. Lack of preparedness shall not be grounds for a continuance.
(D) At any time prior to the hearing date, the Administrative Hearing Officer may, at the request of either party(ies), direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence including police reports shall be admissible only if it is the type commonly relied upon by reasonable, prudent persons in the conduct of their affairs.
(Ord. 2021-29, passed 8-24-2021)
(A) Nuisance abatement. The city, as an alternative to administrative adjudication, may commence an action in the Circuit Court of the county for a determination that the property is a chronic nuisance property and/or to abate a chronic nuisance property.
(B) Enforcement; claims. Nothing with respect to this section:
(1) Limits enforcement pursuant to 50 ILCS 750/15.2 against any person calling the number “911” for the purpose of making a false alarm or complaint and reporting false information, from being charged with disorderly conduct as defined in 720 ILCS 5/26-1 or a similar ordinance of this code;
(2) Prohibits claims made pursuant to 735 ILCS 5/9-1 et seq., of the forcible entry and detainer statute, except where the tenant, lessee or household member who was the victim of domestic violence, sexual violence, stalking or dating violence did not knowingly consent to the barred person entering the premises or a valid court order permitted the barred person’s entry onto the premises;
(3) Prohibits the city from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or local ordinance violation to the extent otherwise permitted by existing state and federal law;
(4) Shall prevent the owner or city from seeking possession solely against a tenant, household member or lessee of the premises who perpetrated the domestic violence, sexual violence or other criminal activity; or
(5) Shall prevent the owner or city from seeking possession against a tenant, lessee or household member who is a victim of domestic violence, dating violence and stalking, sexual violence, or has a disability, if that tenant, lessee or household member has committed the nuisance activity on which the demand for possession is based.
(Ord. 2021-29, passed 8-24-2021)
PUBLIC CAMPING
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