§ 10-12-5  NUISANCE RESIDENTIAL RENTAL PROPERTY.
   (A)   It is hereby declared a nuisance and against the health, safety, peace, and comfort of the village for any property owner or owner's agent to allow or permit the following:
      (1)   Rental of a rental unit, or residential rental property, to a tenant who commits or allows a member of the tenant's household, guest or other party under the control of the tenant to commit any of the following offenses to occur on or near the rental unit, common areas or appurtenances related to the tenant: murder, kidnapping, sexual assault, robbery, burglary, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, sale or distribution of obscene publications, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, any violation of the Illinois Controlled Substances Act, any violation of the Cannabis Control Act, any violation of the Methamphetamine Control and Community Protection Act or the commission of any other felony under Illinois or federal law or a misdemeanor under Illinois law not specifically listed above which by its nature or effect impact the quality of life of persons in the area.  Prohibition of these offenses applies also to members of the tenant's household, guests or other parties under control of the tenant.
      (2)   Rental of a rental unit, or residential rental property to a tenant who commits or allows a member of the tenant's household, guest or other party under the control of the tenant to commit four or more village ordinance violations in a one year period which violations by their nature or effect impact the quality of life of persons in the area.
      (3)   The commission of any act of Criminal Housing Management as defined in 720 ILCS 5/12-5.1, or the commission of more than four violations in a one year period of Articles 1 through 7 of Chapter 6 of the village's Code of Ordinances.
   (B)   Divisions (A)(1) and (A)(2) of this section shall not apply to:
      (1)   Contact made to the 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 or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (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 the tenant, household member, or guest occurring in the rental unit or on the premise; or
      (3)   Criminal activity occurring in the rental unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest or other party.
   (C)   Division (B) of this section shall not limit:
      (1)   Enforcement of Section 15.2 of the Illinois Emergency Telephone System Act, Article 26 of the Criminal Code of 2012, or Article IX of the Code of Civil Procedure;
      (2)   The village from enacting or enforcing its crime free housing program and ordinance to impose penalties on the basis of the underlying criminal activity or village ordinance violation not covered by division (A)(1) and (A)(2) of this section and to the extent otherwise permitted by existing state and federal law; or
      (3)   The eviction of or imposition of penalties against the perpetrator of the domestic violence, sexual violence or other criminal activity.
   (D)   The standard of proof of one or more of the offenses described in divisions (A)(1), (A)(2) and (A)(3) of this section shall be by a preponderance of the evidence.
   (E)   If the residential rental property is found to be a nuisance, the property owner can be fined pursuant as provided in the Code or Ordinances or have his or her license suspended or revoked as provided herein.
(Ord. 2014-09-46, passed 9-15-2014; Ord. 2016-06-28, passed 6-6-2016)