(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)