(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHRONIC NUISANCE PROPERTY. Property upon which three or more nuisance activities have occurred within a six-month period as a result of any three separate factual events that have been independently investigated by any law or code enforcement agency. For the purposes of this section, the term NUISANCE is defined to mean any condition or use of the premises or of building exteriors or the adjoining premises and/or abutting and nearby public streets or alleys which is detrimental to the property of others, which creates a disorderly condition or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located.
NUISANCE ACTIVITIES. The following is a non-exhaustive list of activities constituting a nuisance and subject to the definition of chronic nuisance activities. Each activity will be reviewed on a case by case basis. This definition is not intended to penalize tenants or landlords based upon contact made to police or other emergency services with the intent to prevent or respond to domestic or sexual violence or contact concerning an individual with a disability fora purpose related to their disability.
(1) Any activity deemed a nuisance by this municipal code;
(2) Disorderly conduct as defined in 720 ILCS 5/26-1;
(3) Unlawful use of weapons as defined in 720 ILCS 5/24-1 et seq.;
(4) Mob action as defined in 720 ILCS 5/25-1;
(5) Discharge of a firearm as defined in 720 ILCS 5/24-1.2 and 720 ILCS 5/24-1.5;
(6) Gambling as defined by 720 ILCS 5/28-1;
(7) Possession, manufacture, or delivery of controlled substances as defined by 720 ILCS 570/401 et seq.
(8) Public indecency as defined by 720 ILCS 5/11-9;
(9) Assault or battery or any related offense as defined in 720 ILCS 5/12-1 et seq.;
(10) Sexual abuse or related offense as defined in 720 ILCS 5/12-15 et seq.;
(11) Prostitution as defined in 720 ILCS 5/11-14 et seq.;
(12) Criminal damage to property as defined in 720 ILCS 5/21-1 et seq.;
(13) Possession, cultivation, manufacture, or delivery of cannabis as defined in 720 ILCS 550/1 et seq.;
(14) Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1 et seq.;
(15) Criminal housing management as defined in 720 ILCS 5/12-5.1;
(16) Operating an illegal business;
(17) Structure unfit for human occupancy as defined in the city’s Property Maintenance Code;
(18) Unsafe structure as defined in the city’s Property Maintenance Code;
(19) Unlawful structure as defined in the city’s Property Maintenance Code;
(20) Multiple and serious violations of the city’s Property Maintenance Code continuing after disposition of a housing court complaint for those violations; and
(21) Activity that constitutes a violation of a felony or class A misdemeanor pursuant to a federal or state statute.
(B) Violations.
(1) It shall be unlawful for any property within the city to become or remain a chronic nuisance property in violation of this section.
(2) It shall be unlawful for any owner and/or tenant to:
(a) Sufferer permit a property to become a chronic nuisance property; or
(b) Allow a property to continue as a chronic nuisance property.
(3) Each day on which the violation of this section continues shall be considered a separate offense.
(C) Review of nuisance activity–warning.
(1) The Chief of Police and/or the Director of Building and Housing or their designee shall review reports of nuisance activities upon a property and determine whethertwo or more nuisance activities have occurred on a property within a six-month period.
(2) The Chief of Police or Director of Building and Housing or their designee shall notify the owner, manager or other person in charge and the tenant if the property is rented that the property is in danger of becoming a chronic nuisance property. Notice shall be in writing and delivered by personal delivery or U.S. mail to the taxpayer of record and the property and shall contain:
(a) The street address of the potential nuisance property.
(b) A description of the nuisance activities that exist or have occurred on the property.
(c) A warning that a third instance of nuisance activity will result in a finding of a chronic nuisance property and the exercise of abatement proceedings.
(D) Finding of chronic nuisance property.
(1) If, after notice as provided in division (C)(2), an additional nuisance activity is reported upon the property, the Chief of Police or Director of Building and Housing or their designee may declare the property to be a chronic nuisance property. The Chief of Police or Director of Building and Housing or their designee may commence proceedings to abate the nuisance conditions in the Circuit Court of Cook County and/or administrative adjudication proceedings.
(2) In the case of a chronic nuisance property that is a rental, the crime-free housing coordinator may attempt to assist property owners in the abatement of nuisances or which proceedings for the eviction of tenants that have permitted, solicited, aided or abeted any nuisances on the property.
(3) The Chief of Police or Director of Building and Housing or their designee my request that a landlord evict a tenant pursuant to the crime free housing lease provision.
(E) Judicial remedies.
(1) If 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 30 days, but not more than 180 days or the court may employ any other remedy deemed appropriate to abate the nuisance.
(2) In determining the remedy or remedies to employ, the court may consider evidence of other conduct that has occurred on the property, including but not limited to:
(a) Disturbance of neighbors;
(b) Occurrence of other nuisances on or from the property; or
(c) The property’s general reputation and/or the reputation of persons in or frequenting the property.
(3) The court may authorize the city to physically secure the property against use or occupancy in the event the owner fails to do so within the time specified by the court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the city to affect the closure shall be made and assessed as a lien against the property and a debt to the city.
(4) The Department of Building and Housing employee that affects the closure shall prepare a statement of costs and the city shall thereafter submit said statement to the court for its review. If no objection to the statement is made within the period described by the court, a lien in said amount may be recorded against the property.
(5) In addition, the violator shall be subject to a fine of not less than $500 nor more than $750 per day, payable to the City of Markham, for each day the owner or his or her agent had actual knowledge that the property was a chronic nuisance property and permitted the property to remain a chronic nuisance property.
(6) 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 city.
(F) Administrative hearing.
(1) The city may issue a property a citation under this section, subject to administrative adjudication.
(2) The city shall be responsible for proving the existence of a chronic nuisance property by a preponderance of the evidence. The party issued the citation shall be permitted to rebut such evidence.
(3) The Administrative Hearing Officer shall determine whether or not the property qualifies as a chronic nuisance property. If the property is deemed a chronic nuisance property the Administrative Hearing Officer shall either issue a fine not to exceed $750, order abatement, or both.
(4) The finding of the Administrative Hearing Officer and issuance of a fine shall not preclude the city from pursuing additional judicial remedies.
(Ord. 23-O-2352, passed 3-15-2023)