(a) Any premises used for prostitution, illegal gambling, illegal possession or delivery of or trafficking in controlled substances, or any other activity that constitutes a felony, misdemeanor, business offense or petty offense under federal, state or municipal law is hereby declared to be a public nuisance; provided that no public nuisance or violation of this section shall be deemed to exist unless: (1) the property is used for more than one such offense within any six-month period; or (2) the offense for which the property is used is punishable by imprisonment for one year or more.
(a-5) The following shall not provide, in whole or in part, a basis for a declaration under this section that a property is a public nuisance:
(1) any contact made to the police or other emergency services with the intent of preventing domestic or sexual violence, or seeking an emergency response to domestic or sexual violence;
(2) any contact made to police or other emergency services by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of that contact is related to that individual's disability;
(3) any incident of actual or threatened domestic or sexual violence against a tenant, a household member, a guest, or any other party that occurs in or on the premises of a dwelling unit;
(4) criminal activity or a local ordinance violation occurring in or on the premises of a dwelling unit that is directly relating to domestic violence or sexual violence and is reported by the victim or a party seeking services or assistance for the victim and where the perpetrator is not related to or located at the property.
(b) Any person who owns, manages or controls any premises and who: (1) encourages or permits an illegal activity described in subsection (a) that is not subject to an exception described in subsection (a-5) to occur or continue on such premises; or (2) fails to implement reasonable and warranted abatement measures identified in the notice issued pursuant to subsection (e), or subsequently agreed to, or other abatement measures which successfully abate the nuisance within the 30-day period following the notice, or within any other agreed upon period, shall be subject to a fine according to the schedule set forth in subsection (c). Each day that a violation of this section continues shall be considered a separate and distinct offense. No person shall be found in violation of (b)(2) of this section unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them. A person may be found in violation of (b)(1) or (b)(2) of this section regardless of whether an order of abatement is issued under subsection (d), or in violation of (b)(1) regardless of whether a notice has been given under subsection (e). A fine in accordance with subsection (c) may be assessed in a court of competent jurisdiction or in the buildings hearings division of the department of administrative hearings.
(c) Upon a finding of liability under this ordinance, the defendant shall be fined (1) not less than $3,000.00 nor more than $6,000.00 for any offense defined as a Class X felony by the Criminal Code of 1961, 720 ILCS 5, as amended (for purposes of this section, "Criminal Code"); (2) not less than $1,500.00 nor more than $3,000.00 for any offense defined as a Class 1 felony by the Criminal Code; (3) not less than $700.00 nor more than $1,400.00 for any offense defined as a Class 2 felony by the Criminal Code; (4) not less than $500.00 nor more than $1,000.00 for any offense defined as a Class 3 felony by the Criminal Code; (5) not less than $300.00 nor more than $1,000.00 for any offense defined as a Class 4 felony by the Criminal Code; and (6) not less than $200.00 nor more than $1,000.00 for all offenses not otherwise specified.
(d) The commissioner of buildings or other authorized representative of the city may bring an action to abate a public nuisance described by this section in a court of competent jurisdiction or in the buildings hearings division of the department of administrative hearings. The presiding authority shall issue an order of abatement upon a finding of liability under this section. The order of abatement shall require the defendant to take measures reasonably calculated to prevent the recurrence of the illegal activity. In ordering these measures, the presiding authority shall consider the magnitude of the harm caused by the nuisance, the value of the property, and the extent to which the defendant has failed to take effective measures to abate the nuisance. Those measures may include, but are not limited to, making improvements to real estate and installing lighting to enhance security, the hiring of licensed and insured security personnel, the hiring of a receiver, the initiation and execution of eviction proceedings against tenants engaged in illegal activity, or, at the request of the corporation counsel, the assignment or forfeiture to the city of all of the defendant's rights, title and interest in the real estate. Assignment or forfeiture of the defendant's rights, title and interest in the real estate shall be considered as an abatement measure only when the defendant has failed to abate a nuisance following an order issued pursuant to this paragraph, or has failed to abate a nuisance within 30 days of a notice issued pursuant to paragraph (e) of this section, and: (i) a forcible felony as defined in Section 2-8 of the Criminal Code (720 ILCS 5/2-8) is committed on the premises, or (ii) two or more violations of the Illinois Controlled Substances Act or the Cannabis Control Act occur on the property on separate days within a one year period. The order of abatement may also authorize the issuance of ex parte administrative search warrants reasonably calculated to determine whether the nuisance has been abated or whether the order of the court or hearing officer has been obeyed. Any order of abatement issued by an administrative law officer under this ordinance is subject to enforcement pursuant to Section 2-14-100 of this Code. Actions brought pursuant to this section in the Circuit Court of Cook County may also be accompanied by the recording of a lis pendens notice against the property.
(e) Whenever the commissioner of buildings, the superintendent of police or other authorized representative of the city reasonably believes that any premises constitutes a public nuisance as described in this section, he or she shall give written notice to the person who owns or controls the premises. Such notice shall include, but not be limited to, stating that a nuisance exists and identifying reasonable abatement measures that must be taken within 30 days of the notice. The notice shall be in writing and may be served in person or sent by certified mail, return receipt requested. The notice shall provide the recipient a reasonable opportunity to meet with a representative of the city to discuss the allegations in the notice and the need for abatement measures. Failure to implement the abatement measures requested in the notice, or those subsequently agreed to, within the 30-day period following the notice, or within any period subsequently agreed upon, comprises a violation of subsection (b)(ii) of this section.
(f) For purposes of this section, "premises" includes any parcel of property and the building or structure, if any, which is situated on the property, and any portion of the public way that abuts the parcel of property when it is used in conjunction with the abutting property for the commission of illegal activity.
(g) Any property assigned or forfeited to the city under this section may be disposed of as authorized by the city council.
(Added Coun. J. 12-9-92, p. 25986; Amend Coun. J. 7-31-96, p. 27730; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 8-30-00, p. 40306, § 1; Amend Coun. J. 7-27-05, p. 54342, § 1; Amend Coun. J. 3-28-18, p. 73451, § 2)