(A) Nuisance abatement.
(1) The city, as an alternative to administrative adjudication, may commence an action in the Circuit Court of the Eighteenth Judicial Circuit of DuPage County, Illinois, for a determination that the property is a chronic nuisance property and/or to abate the chronic nuisance.
(2) The court may, upon a finding that a chronic nuisance exists without notice or bond, enter a temporary restraining order or a preliminary injunction or permanent injunction to enjoin any defendant from maintaining such chronic nuisance property and may enter an order restraining any defendant named from occupying, using or interfering with all property used in connection with the chronic nuisance property. In addition, the court may impose fines as provided by this code.
(B) Affirmative defense. It shall be an affirmative defense by the property owner(s) of rental or leased property to an action brought to the city that the owner of the property, manager(s) or person(s) in charge, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct of tenants or others in possession leading to the findings that the property is a chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, obtain an order for possession of the property, pursuant to the provisions of the Forcible Entry and Detainer Act (ILCS Ch. 735, Act 5, §§9-101 et seq.).
(C) Remedy.
(1) In the event 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, including, but not limited to, injunctive relief. In addition, the court may impose upon the owner of the property a civil penalty in the amount of not less than $500 nor more than $1,000 per day for each day the person who owns or is otherwise in control of the property had actual knowledge of the condition that caused the property to be a public nuisance property and permitted the condition to remain. In determining what remedy or remedies to employ, the court may consider evidence of other conduct, which has occurred on the property, including, but not limited to:
(a) The disturbance of neighbors;
(b) The occurrence of other criminal activity or nuisance activity at, on or from the property;
(c) Physical damage to the property in question or surrounding properties;
(d) Any hazard posed to any occupant of the property or adjoining property occupant or owner resulting from the physical condition of the property in question or its structures;
(e) The actions or lack of action taken by the person who owns or is otherwise in control of the property to mitigate or correct the problem at the property;
(f) Whether the problem at the property was repeated or continuous;
(g) The magnitude or gravity of the problem;
(h) The cooperation of the person who owns or is otherwise in control of the property with the city's enforcement efforts; and
(i) The cost incurred by the city investigating and correcting or attempting to correct the condition.
(2) 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 effect the closure shall be made and assessed as a lien against the property and debt owed to the city. As used herein, "costs" means those costs actually incurred by the city for the physical securing of the property. The official or employee of the city effecting the closure shall prepare a statement of costs. The city shall thereafter submit said statement to the court for its review. If the statement is approved by the court, in whole or in part, as the case may be, a lien in said amount may be recorded against said property. 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.
(Ord. 18-32, passed 9-11-18; Am. Ord. 21-24, passed 8-24-21)