(A) Any building or dwelling used in the commission of offenses prohibited by Sections 9-1, 10-1, 10-2, 11-14, 11-15, 11-16, 11-17, 11-20.1, 11-21, 11-22,12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1), 24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39 A-I of the "Criminal Code of 1961," or prohibited by the "Illinois Controlled Substances Act," or the "Cannabis Control Act," or used in the Commission of an inchoate offense relative to any of the aforesaid principal offenses, or used to engage in gang related activities within the meaning of § 13.5/700-6 is a public nuisance.
(B) Penalty. Any person violating this section hereinabove shall be fined not less than $50 nor more than $500. Furthermore, if the person is not the owner of the building being used for gang-related activity, the Court may order the offender to pay restitution to the owner for the costs of any damage caused by such gang-related activity, unless the owner knew or should have known that such activity was taking place and negligently or willfully failed to notify the village of the occurrence of such activities.
(C) Abatement.
(1) The village may after 30 days and within 90 days of giving the Attorney General and the State's Attorney of Will County written notice by certified or registered mail of the fact that a public nuisance as described in this section exists, commence an action to abate the nuisance in accordance with the procedures delineated below provided that the Attorney General or the State's Attorney of Will County has not already commenced a similar action.
(2) The village may commence an action to abate the public nuisance in the Circuit Court of Will County. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists the Court may without notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance. If during the proceedings or hearings upon the merits, which shall be in the manner of the "Controlled Substance and Cannabis Nuisance Act" (ILCS Ch. 740, Act 40 §§ 0.01 et seq., 1992) the existence of the nuisance is established and it is found that such nuisance was maintained with the intentional, knowing, or reckless permission of the owner or agent of the owner managing the building, the Court shall enter an order restraining all persons from maintaining or allowing such nuisance for a period six months thereafter, except that an owner, lessee or other occupant thereof may use such place if the owner shall give bond with sufficient security or surety approved by the court, in an amount between $1,000 and $5,000 inclusive, payable to the village, and including a condition that no offense specified in division (A) above shall be committed at, in or upon the property described and a condition that the principal obligor and surety assume responsibility for any fine, costs or damages resulting from such an offense thereafter.
(Ord. 767, passed 7-19-93)