(A) Declaration of purpose. It is the purpose of this section to encourage property owners and persons in charge of real property to eliminate illicit activities from their premises and to provide an effective method of abating the nuisance created by illicit activities if the person maintaining the nuisance fails in their responsibility to abate said nuisance.
(B) Chronic public nuisance. Any real property located within the Village, together with any buildings, structures, fixtures or improvements thereon, used or permitted to be used for 2 or more of the following offenses within a 12 month period is hereby declared to be a chronic public nuisance:
(1) Any offense defined and prohibited by Article 9 (Homicide) of the Criminal Code of 1961, 720 ILCS 5/9-1, et seq.
(2) Any offense defined and prohibited by Article 10 (Kidnaping and related offenses) of the Criminal Code of 1961, 720 ILCS 5/10-1, et seq.
(3) Any offenses defined and prohibited by Section 11-14 (Prostitution), Section 11-14.3 (Promoting Prostitution), Section 11-15 (Soliciting for a Prostitute), Section 11-16 (Pandering), Section 11-17 (Keeping a Place of Prostitution), Section 11-20 (Obscenity), Section 11-20.1 (Child Pornography), Section 11-20.1 B (Aggravated Child Pornography), or Section 11-21 (Harmful Material to Minors) of the Criminal Code of 1961, 720 ILCS 5/11-14, 5/11-15, 5/11-16, 5/11-17, 5/11-20, 5/11-20.1, 5/11-20.1B, and 5/11-21.
(4) Any offense defined and prohibited by Article 12 (Bodily Harm) of the Criminal Code of 1961, 720 ILCS 5/12-0.1, et seq.
(5) Any offense defined and prohibited by Article 16 (Theft) of the Criminal Code of 1961, 720 ILCS 5/16-1, et seq.
(6) Any offense defined and prohibited by Article 20-2 (Possession of Explosives or Incendiary Devices) of the Criminal Code of 1961, 720 ILCS 5/20-2, et seq.
(7) Any offense defined and prohibited by Article 24 (Deadly Weapons) of the Criminal Code of 1961, 720 ILCS 5/24-1, et seq.
(8) Any offense defined and prohibited by Article 25 (Mob Action) of the Criminal Code of 1961, 720 ILCS 5/25-1, et seq.
(9) Any offense defined and prohibited by Article 26 (Disorderly Conduct) of the Criminal Code of 1961, 720 ILCS 5/26-1, et seq.
(10) Any offense defined and prohibited by Article 28 (Gambling) of the Criminal Code of 1961, 720 ILCS 5/28-1, et seq.
(11) Any offense defined and prohibited by Article 31 (Interference with Public Officers) of the Criminal Code of 1961, 720 ILCS 5/31-1, et seq.
(12) Any offense defined and prohibited by Section 6-16 (Prohibited Sales and Possession) or Section 6-20 (Transfer, possession, and consumption of alcoholic liquor) of the Liquor Control Act of 1934, 235 ILCS 5/6-16 and 5/6-20.
(13) Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 ILCS 570/100, et seq.
(14) Any offense defined and prohibited by the Cannabis Control Act, 720 ILCS 550/1, et seq.
(15) Any offense defined and prohibited by the Methamphetamine Control and Community Protection Act, 720 ILCS 646/1, et seq.
(16) Any inchoate offense defined and prohibited by Article 8 (Inchoate Offenses) of the Criminal Code of 1961, 720 ILCS 5/8-1, et seq., which is relative to the commission of any of the aforesaid principal offenses.
(18) Any violation of the Village ordinances regarding leasing and renting properties within the Village, including § 150.100 (Registration and Licensing of Landlords), § 150.101 (Posting of Information Relating to Residential Rental Property), § 150.102 (Authority of Village Manager to Issue Rules and Regulations), § 150.103 (Occupancy Affidavit and Zoning District Acknowledgment) and/or § 150.104 (Certificate of Occupancy).
(19) Any violation of Title XI (Business Regulations), Chapter 117 (Alcoholic Beverages), § 117.47 (Sales to and by Persons Under Age 21, Drunkards, Spendthrifts) and § 117.48 (Purchase or Acceptance of Gift of Liquor by Person of Nonage) of the Maywood Village Code.
(20) Any violation of Title XI (Business Regulations), Chapter 100 (Business Licenses), Chapter 111 (General Business Licenses) or Chapter 112 (Rooming Houses) of the Maywood Village Code, including any uses or activities that are not permitted under the Business Regulations.
(21) Any violation of or offense defined and prohibited by Title XII (General Offenses), Chapter 130 (General Offenses) and/or Chapter 131 (Prostitution and Prostitution-Free Zones) of the Maywood Village Code.
(22) Any violation of the Village Zoning Code (Chapter 154) involving uses or activities that are not permitted under the applicable Zoning District regulations or that are not authorized by a Village-issued zoning permit (i.e., a Village issued special use permit).
(24) Any violation of § 72.07 (Property Owner Parking Responsibility).
(C) Other definitions.
(1) CHIEF OF POLICE. The Chief of Police of the Village of Maywood or his or her designee.
(2) OWNER. Any person having any legal or equitable interest whatsoever in any real property within the corporate limits of the Village of Maywood, together with the buildings, structures and improvements located thereon.
(3) PERMIT. To suffer, allow, approve, consent to, acquiesce in or agree to the doing of an act, including the failure to prevent through inaction.
(4) PERSON. Any individual, corporation, firm, partnership, limited liability company, unincorporated association or any other group, enterprise or entity capable of owning, using, controlling or occupying property.
(5) PERSON IN CHARGE. Any person in actual or constructive possession of any real property within the Village or any of the buildings, structures and improvements located thereon, including, but not limited to, a property manager or owner-occupant of property under his or her domain, ownership or control, or who, by any means whatsoever, has the ability, authority or right to regulate, restrain, control, direct or affect the conduct of persons present on any such property.
(6) PROPERTY. Any real property, including property 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, whether permitted or not.
(D) AUTHORITY TO ABATE. Any chronic public nuisance found to exist within the Village shall be subject to abatement in accordance with the provisions of this section.
(E) Pre-abatement procedure.
(1) Upon a determination by the Village that a property is a chronic public nuisance, the Chief of Police or his/her designee shall notify the owner, person in charge and occupants of the property that the property has been determined to be a chronic public nuisance. The notice shall be served by certified mail, return-receipt requested, or by personal service, and shall contain the following information:
(a) The street address or legal description sufficient for identification of the property.
(b) A statement that the Chief of Police has determined the property to be a chronic public nuisance with a concise description of the public nuisance activities leading to his/her findings.
(c) Demand that the owner and person in charge respond within 10 days of the date of the notice to the Chief of Police and propose a course of action that the Chief of Police agrees will abate the public nuisance activities giving rise to the Chronic Public Nuisance.
(2) A copy of the notice shall be posted at the property after 10 days has elapsed from the service or mailing of the notice to the owner and person in charge of the property, if said persons have not contacted the Chief of Police.
(3) The failure of any person to receive notice that the property may be a chronic public nuisance shall not invalidate or otherwise affect the proceedings under this section.
(4) If, after notification in accordance with division (E)(1) above, but prior to commencement of legal proceedings by the Village pursuant to this section, the owner and/or person in charge of the property stipulate with the Chief of Police that the owner will pursue a course of action that the parties agree will abate the public nuisance activities giving rise to the chronic public nuisance of the property, the Chief of Police may agree to postpone legal proceedings for a period of not less than 10 nor more than 40 days. If the agreed course of action does not result in the abatement of the public nuisance activity or if no agreement concerning abatement is reached within the agreed time, the Chief of Police shall request authorization for the Village Attorney to commence a legal proceeding to abate the chronic public nuisance.
(5) Concurrent with the notification procedures set forth herein, the Chief of Police shall send copies of the notice, as well as any other documentation which supports legal proceedings, to the Village Attorney.
(6) When an owner or person in charge makes a response to the Chief of Police as required above, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any public nuisance activities have or are occurring. This section does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
(F) Judicial abatement procedure. Following notice, the Village Attorney may initiate legal proceedings, either in the circuit court or through the Village’s administrative adjudication program, to abate the chronic public nuisance, and to seek the penalties and remedies provided in this section. COURT, as used in this section, shall refer to either a circuit court judge or administrative hearing officer, as applicable.
(G) Commencement of action, burden of proof.
(1) In an action seeking abatement of a chronic public nuisance property, the Village shall have the initial burden of showing by a preponderance of the evidence that the property constitutes a chronic public nuisance.
(2) It is a defense to an action seeking the closure of a chronic public nuisance property that the owner or person in charge of the property, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic public nuisance property.
(H) Abatement remedy; penalty.
(1) Upon being satisfied by affidavits or other sworn evidence that an alleged chronic public nuisance exists, the Court may without notice or bond enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance or otherwise restraining any defendant in his or her use of the property.
(2) In the event the Court determines a property to be a chronic public nuisance property, the Court may, in addition to any other remedies provided by this Section, enter an order requiring the taking of measures designed to eliminate the chronic public nuisance, including but not limited to making improvements to the property and installing security lighting, hiring licensed and insured security personnel, the appointment of a receiver, the initiation and execution of eviction proceedings against tenants engaged in illicit activities or restraining the owner, person in charge of the property and/or occupants from using the property for any purpose for a period of up to one year. The order may further provide that the owner, person in charge of the property and/or occupants shall have the right to use the property during a period of time specified in the order if the owner, person in charge of the property and/or occupants post a bond or other security payable to the Village and approved by the Court in an amount between $1,000 and $50,000, which bond or security shall be forfeited and paid over to the Village in the event that any offense set forth in division (B) of this section is committed upon the property within the period of time set forth in the Court order.
(3) In addition to any other remedy provided in this section, the Court may impose upon the owner of the property, who (a) intentionally, knowingly, recklessly, or negligently encouraged or permitted an illegal activity, described in division (B) of this section, to occur or continue on the property, or who (b) failed to implement the reasonable and warranted abatement measures agreed upon, as provided in division (E)(4) of this section, a civil penalty in the amount of not less than $500 nor more than $1,000 per day for each day on which the property constituted a chronic public nuisance, said penalty to be payable to the Village of Maywood. In establishing the amount of any civil penalty requested, the Court may consider any of the following factors it finds appropriate and shall cite those found applicable:
(a) The actions or lack of action taken by the owner to mitigate or correct the chronic public nuisance at the property.
(b) Whether the public nuisance activity at the property was repeated or continuous.
(c) The magnitude or gravity of the public nuisance activities.
(d) The cooperation or lack thereof of the owner and/or person in charge of the property with the Village.
(e) The costs of the Village in investigating and correcting or attempting to correct the public nuisances.
(4) 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.
(5) All costs incurred by the Village in investigating and correcting or attempting to correct public nuisances hereunder, including reasonable attorneys’ fees and costs in bringing any enforcement action hereunder, shall be assessed as a lien against the property, as may all costs reasonably incurred by the Village to affect the closure of a property where ordered, and any tenant relocation costs. Prior to placing said lien, the Village shall submit a statement of such costs 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.
(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 Village.
(7) A tenant is entitled to reasonable relocation costs payable by the owner, as determined by the Court if, without actual notice, the tenant moved into the property, after either:
(a) The owner or person in charge received notice as described herein of the Police Chief’s determination as described above; or
(b) An unknown owner or other agent received notice of an action brought pursuant to this section.
(I) Emergency closing procedures.
(1) In the event that the Chief of Police determines that the property is an immediate threat to the public safety and welfare, the Village may apply to the Court for such interim relief as may be determined appropriate by the Chief of Police. In such an event, the notification provision in division (E)(1) need not be satisfied; however, the Village shall make a diligent effort to notify the owner, person in charge of the property and occupants prior to a court hearing.
(2) In the event that the Court finds the property to constitute a chronic public nuisance property, as defined herein, the Court may order the remedies set out above. In addition, in the event that it also finds that the owner had knowledge of activities or conditions of the property constituting or violating this section and permitted the activities to occur, the Court may assess a civil fine as provided above.
(Ord. CO-2011-23, passed 12-20-2011; Am. Ord. CO-2021-14, passed 7-13-2021)
Cross-reference:
Editor’s notes:
720 ILCS 5/11-15, 11-16, and 11-17 were repealed by P.A. 96-1551, eff. 7-1-2011
729 ILCS 5/20.1B was repealed by P.A. 97-995, eff. 1-1-2013