(A) Prohibited acts. Any person who, with intent to defraud, does any of the following shall be guilty of violating this section:
(1) Intentionally absconds without paying rent that has been contractually agreed upon in a written lease with a landlord, or without paying charges for utility services to the premises during the term of the tenancy, where such charges were the responsibility of the tenant in addition to basic rent. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent or utility service charges due prior to the vacating of the rental premises by the tenant, and the non-payment of said rent or utility service charges continues for a period of 5 days after vacation of the premises; or
(2) Issues any check, money order or any other form of bank or monetary draft as a payment of rent or utility service charges, where such document lacks sufficient funds, where the account is closed, or where such draft is unredeemable in any other form or fashion. Prima facie evidence of intention to defraud will be established if a tenant fails, within 5 days of a written demand by the landlord or agent, to pay in full the total amount of the draft presented as rent or utility service charges payment plus any bank charges to the landlord attributable to the unredeemability of the draft.
(B) Applicability. This section shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this section shall be defined and construed in conformity with all applicable State Statutes and DOC-ILHR Codes. The act of service by a landlord of a legal eviction notice or notice to terminate tenancy shall not, in itself, act as a bar to prosecution under this section.
(C) Procedure. An officer may issue a citation only when the complainant provides the following:
(1) The name and current address of the tenant, a copy of the subject lease agreement, including proof that the utility service charges were the responsibility of the tenant in addition to basic rent.
(2) The amount of rent or utility service charges due, the date each was due, the date the tenant actually vacated the premises, and testimony that the rent or utility service charges remained unpaid for not less than 5 days after vacating and that the tenant did not notify or attempt to notify the complainant of tenant's new address, or that tenant knowingly gave complainant a false address.
(3) As to an unredeemable payment, the document used for attempting rent or utility service charges payment, the written demand for payment of the full amount plus bank charges, proof that the tenant received the written demand, and testimony that at least 5 days have elapsed since the demand was received and no payment has been made.
(Ord. 639, passed 8-21-91) Penalty, see § 13.1.99