(A) Public nuisance. Any building or dwelling used in the commission of offenses prohibited by 720 ILCS 5/9-1, 10-1, 10-2, 11-14, 11-20.1, 11-21, 11-22, 12-5.1, 16-1, 17-59, 20-2, 24-1(a)(7), 24-3, 28-3, or 31-5 of the “Criminal Code of 1961”, or prohibited by the “Illinois Controlled Substances Act”, or prohibited by 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 this section is a public nuisance.
(B) Abatement.
(1) The Village of Gardner may after 30 days and within 90 days of giving the Attorney General and the State’s Attorney of Grundy 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 Grundy County has not already commenced a similar action.
(2) The Village of Gardner may commence an action to abate the public nuisance in the Circuit Court of Grundy 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 or preliminary injunction to enjoin any defendant from maintaining the 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” (740 ILCS 40/0.01 et seq.) the existence of the nuisance is established and it is found that the 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 the nuisance for a period of six months thereafter, except that an owner, lessee or other occupant thereof may use the 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 of Gardner, 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. G-139, passed 9-11-1995)