A. Nuisance Abatement: The village, as an alternative to administrative adjudication, may commence an action in the circuit court of DuPage County for a determination that the property is a chronic nuisance property and/or to abate the chronic nuisance.
Upon being satisfied by affidavits or other sworn evidence that an alleged chronic nuisance property exists, the court may, without notice or bond, enter a temporary restraining order or a preliminary injunction or permanent injunction to enjoin any defendant from maintaining such chronic nuisance property and may enter an order restraining any defendant named from occupying, using or interfering with all property used in connection with the chronic nuisance property.
B. Commencement Of Action, Burden Of Proof:
1. In an action seeking closure of a chronic nuisance property, the village shall have the initial burden of showing by a preponderance of the evidence that the property is a chronic nuisance property.
2. In establishing the amount of any civil penalty or other relief requested, the court may consider any of the following factors, if they are found appropriate, and shall cite those found applicable:
a. The actions or lack of action taken by the owner or person(s) in charge to mitigate or correct the nuisance activity at the property;
b. Whether the criminal activity or nuisance activity at the property was repeated or continuous;
c. The magnitude or gravity of the criminal activity or nuisance activity at the property;
d. The cooperation of the owner or person(s) in charge of the property with the village to correct the offending condition or abate the nuisance;
e. Whether the owner or property manager, in the event of rental or leased property, has required the tenant(s) to sign a "crime prevention partnership lease addendum";
f. Whether the landlord(s) or property manager, in the event of rental or leased property, have reviewed and verified that they understand the "Village Crime Prevention Partnership Manual"; and
g. The cost to the village of investigating and correcting or attempting to correct the condition.
C. Remedy:
1. In the event a court determines a property to be a chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than thirty (30) days, but not more than one hundred eighty (180) days or until the nuisance activity(ies) or violation(s) complained of is abated. In addition, the court may employ any other remedy deemed by it appropriate to permanently abate the nuisance, including the entry of a permanent injunction enjoining any tenants, cotenants, and/or occupants responsible or partially responsible for the property becoming a chronic nuisance property from future use, occupancy of or presence at or upon the property.
2. In addition to the remedy provided in subsection A of this section, the court may impose upon the owner(s), manager(s), person(s) in charge and/or tenant(s) or occupant(s) of the property in question a civil penalty payable to the village of Glendale Heights, for each day the owner(s), person(s) in charge and/or tenant(s) or occupant(s) had actual knowledge that the property was a chronic nuisance property and permitted the property to remain a chronic nuisance property.
3. In determining what remedy or remedies to employ, the court may consider evidence of other conduct, which has occurred on the property, including, but not limited to:
a. The disturbance of neighbors;
b. The occurrence of other criminal activity or nuisance activity at, on or from the property;
c. The property's general reputation for criminal or nuisance activity and/or the reputation of persons residing at or frequenting the property;
d. Physical damage to the property in question or surrounding properties;
e. Any hazard posed to any occupant of the property or adjoining property occupant or owner resulting from the physical condition of the property in question or its structures.
D. Physical Securing Of Property: The court may authorize the village to physically secure the property against use or occupancy in the event the owner or person in charge of the property fails to do so within the time specified by the court. In the event that the village is authorized to secure the property, all costs reasonably incurred by the village to effect the closure shall be made and assessed as a lien against the property and shall be a debt due and owing the village. As used herein, "costs" mean those costs actually incurred by the village for the physical securing of the property.
E. Statement Of Costs: The village community development department employee effecting the closure shall prepare a statement of costs incurred, and the village shall thereafter submit said statement to the court for its review. If no objection of the statement is made within the period described by the court, a lien in said amount shall be recorded against the property.
F. Liability For Payment: Any person who is assessed the cost of closure and/or civil penalty by the court shall be personally liable for the payment thereof to the village.
G. Obligation To Pay Rent: The entry of such an order or injunction against a tenant shall not constitute a defense to nor an excuse of the obligation to pay rent by such tenant during the effective period of such order or injunction. (Ord. 2016-54, 10-6-2016)