(A) It shall be unlawful for any property within the village to become or remain a chronic nuisance property in violation of this chapter.
(B) It shall be unlawful for any person or person in charge to:
(1) Suffer or permit a property to become a chronic nuisance property; and
(2) Allow a property to continue as a chronic nuisance property.
(C) Each day on which a violation of this chapter continues shall be considered a separate and distinct offense.
(Ord. 4270, passed 5-4-2015)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The Chief of Police of the Village of Matteson or his or her designee.
CHRONIC NUISANCE PROPERTY. Property upon which three or more nuisance activities have occurred within a 12-month period as a result of any three separate factual events that have been independently investigated by any law enforcement agency.
CONTROL. The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
NUISANCE ACTIVITIES. Any of the following activities, behaviors, or conduct, as defined by federal, state or village ordinance:
(1) Disorderly conduct as defined in 720 ILCS 5/26-1;
(2) Unlawful use of weapons as defined in 720 ILCS 5/24-1 et seq.;
(3) Mob action as defined in 720 ILCS 5/25-1;
(4) Discharge of a firearm as defined in 720 ILCS 5/24-1.2 and 720 ILCS 5/24-1.5;
(5) Gambling as defined by 720 ILCS 5/28-1;
(6) Possession, manufacture, or delivery of controlled substances as defined by 720 ILCS 570/401 et seq.;
(7) Public indecency as defined by 720 ILCS 5/11-9;
(8) Assault or battery or any related offense as defined in 720 ILCS 5/12-1 et seq.;
(9) Sexual abuse or related offense as defined in 720 ILCS 5/12-15 et seq.;
(10) Prostitution as defined in 720 ILCS 5/11-14 et seq.;
(11) Criminal damage to property as defined in 720 ILCS 5/21-1 et seq.;
(12) Possession, cultivation, manufacture, or delivery of cannabis as defined in 720 ILCS 550/1 et seq.;
(13) Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1 et seq.;
(14) Criminal housing management as defined in 720 ILCS 5/12-5.1;
(15) Structure unfit for human occupancy as defined in the Village's Property Maintenance Code;
(16) Unsafe structure as defined in the Village's Property Maintenance Code;
(17) Unlawful structure as defined in the Village's Property Maintenance Code;
(18) Multiple and serious violations of the Village's Property Maintenance Code continuing after disposition of a housing court complaint for those violations; and
(19) Activity that constitutes a violation of a felony or Class A misdemeanor pursuant to a federal or Illinois statute.
OWNER. Any person, partnership, land trust, or corporation having any legal or equitable interest in the property. OWNER includes, but is not limited to:
(1) A mortgagee in possession in who is vested:
(a) All or part of the legal title to the property; or
(b) All or part of the beneficial ownership and the rights to the present use and enjoyment of the premises.
(2) An occupant who can control what occurs on the property; or
(3) Any person acting as an agent of an owner as defined herein.
PERMIT. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PERSON. Any natural person, association, partnership, corporation, or other entity capable of owning, occupying or using property in the village.
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 ownership or control.
PROPERTY. Any real property, including land and that which is affixed, incidental, or pertinent to land, including but not limited to, any premises, room, house, building, or structure, or any separate part or portion thereof, whether permitted or not.
(Ord. 4270, passed 5-4-2015)
When the Chief of Police of the village receives one or more police reports documenting the occurrence of a nuisance activity on or within a property, the Chief of Police shall independently review such reports to determine whether they describe nuisance activities. Upon such findings, the Chief shall:
(A) Notify the person in charge in writing that the property is in danger of becoming a chronic nuisance property. The notice shall contain the following information:
(1) The street address or legal description sufficient for identification of the property;
(2) A statement that the Matteson Police Department has information that the property may be a chronic nuisance property, with a concise description of the nuisance activities that may exist or that have occurred;
(3) Service shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person in charge at the address of the property believed to be a chronic nuisance property, or such other place which is likely to give the person in charge notice of the determination by the Chief of Police;
(4) A copy of the notice shall be served on the taxpayer of record at such address as shown on the tax rolls of the county and/or the occupant, at the address of the property, if these persons are different from the person in charge, and shall be made either personally or by first class mail, postage prepaid; and
(5) The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this chapter.
(B) Should the person in charge fail to prevent the property from becoming a chronic nuisance property, the Chief of Police or his designee may commence proceedings to abate the nuisance conditions. The village shall have the right, in its sole discretion, to pursue nuisance abatement proceedings either in the Circuit Court of Cook County, or through administrative adjudication of building and housing violations (as provided in the Village of Matteson Municipal Code).
(Ord. 4270, passed 5-4-2015)
(A) In the event the village pursues a judicial abatement remedy and in the event that 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 by it appropriate to abate the nuisance.
(B) In addition to the remedy provided in division (A) above, the violator shall be subject to a fine of not less than $500 nor more than $750 per day, payable to the Village of Matteson, for each day the owner or his agent had actual knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property.
(C) In determining what remedy or remedies to employ, the court may consider evidence of other conduct that has occurred on the property, including, but not limited to:
(1) The disturbance of neighbors;
(2) The occurrence of other nuisances on or from the property; or
(3) The property's general reputation and/or the reputation of persons in or frequenting the property.
(D) The court may authorize the village 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 village is authorized to secure the property, all costs reasonably incurred by the village to affect the closure shall be made and assessed as a lien against the property and debt to the village. As used herein, "costs" mean those costs actually incurred by the village for the physical securing of the property.
(E) The Village Building Department employee affecting the closure shall prepare a statement of costs, and the village 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 said property.
(F) 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.
(Ord. 4270, passed 5-4-2015)