Any property within the City of Kewanee which becomes a chronic nuisance property is in violation of this chapter and is subject to its remedies. Any person in charge who permits property under his or her ownership or control to be a chronic nuisance property shall be in violation of this chapter and subject to its remedies.
(A) Definitions:
(1) CHRONIC NUISANCE PROPERTY. Property that either: Upon which either two or more of the following criminal activities have occurred during any 90-day period, or three or more of the following activities have occurred during any 365-day period, as a result of separate factual events that have been independently investigated by a law enforcement agency:
(a) Unlawful possession or consumption of alcohol by a minor (235 ILCS 5/6-20);
(b) Any homicide offense as defined in 720 ILCS 5/9-1 et seq.;
(c) Any kidnapping offense as defined in 720 ILCS 5/5.10-1 et seq.;
(d) Any sexual assault, sexual abuse or related offenses as defined in major sex offenses, 720 ILCS 5/11-1.10 et seq., prostitution offenses, 720 ILCS 5/11-14 et seq., or pornography offenses, 720 ILCS 5/11-20 et seq.;
(e) Assault or battery or any related offense as defined in 720 ILCS 5/12-1 et seq.;
(f) Any offense involving damage and trespass to property as defined in 720 ILCS 5/21 et seq.;
(g) Any offense involving deadly weapons as defined in 720 ILCS 5/24 et seq.;
(h) Any offense involving disorderly conduct as defined in 720 ILCS 5/26-1 et seq.;
(i) Any offense involving the possession, manufacture or delivery of controlled substances in the Illinois Controlled Substances Act, 720 ILCS 570/401 et seq.;
(j) Any offense involving the possession, manufacture, or delivery of methamphetamine as defined in the Methamphetamine Control and Community Protection Act, 720 ILCS 646/1 et seq.;
(k) Any offense involving the possession, cultivation, manufacture or delivery of cannabis as defined in the Cannabis Control Act 720 ILCS 550/1 et seq.
(2) CONTROL. The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on property.
(3) OWNER. Any person, agent, firm, or corporation having any legal or equitable interest in the property. OWNER includes, but is not limited to a mortgagee in possession in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and the right to the present use and enjoyment of the premises; or an occupant who can control what occurs on the property.
(4) PERMIT. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of the act.
(5) PERSON. Any natural person, association, partnership or corporation capable of owning or using property in the city.
(6) PERSON IN CHARGE. Any person in actual or constructive possession of a property, including but not limited to an owner, occupant of property under his or her domain, ownership or control.
(7) PROPERTY. Any real property, including land which is affixed, incidental or pertinent to the land, including but not limited to any premises, room, house, building, or structure or any separate part or portion thereof.
(B) Commencement of action under § 95.06, service; hearing. The owner(s) of a property designated a chronic nuisance property under § 95.06 by the city shall be served with process in a manner reasonably calculated to give them actual notice, this process will be by in person service on the owners(s). The owner will be given a warning notice by the Chief of Police of the city, or his designee. The warning will be in written form detailing the alleged violations. If the violation continues the owner will be served in person with a written notice to appear for an adjudicatory hearing. The notice shall contain the date and time of the adjudicatory hearing to be held on the property's designation as a chronic nuisance property, the citation to the code section on which the designation was based, and the penalties for failure to appear.
(1) Upon a finding of guilty, the owner(s) of the chronic nuisance property shall be subject to a fine in the amount of $500 for a first offense, $750 for each subsequent offense, payable to the City of Kewanee. The fine assessed hereunder shall be considered a debt due and owing the city as of the date of the final determination. Each day after notice provided that the nuisance condition exists shall be a separate violation of this ordinance.
(Ord. 4023, passed 9-28-20)