It is hereby declared a nuisance and to be against the health, safety, peace, and comfort of the village for any property owner or owner's agent to allow or permit the following:
(A) Rental of a rental unit, or residential rental property, to a tenant who allows any of the following offenses to occur on or near the rental unit or residential real property, common areas or appurtenances leased to or used by the tenant: murder, kidnapping, sexual assault, robbery, burglary, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, sale or distribution of obscene publications, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act or commission of any other crime under state or federal law not specifically listed above, or the offense of fighting in violation of § 134.03 of the Village Code of Ordinances. Prohibition of these offenses applies also to members of the tenant's household, guests, or other parties under control of the tenant.
(B) Rental of a rental unit or residential rental property to a tenant who commits or allows or permits the commission of four or more violations of any of the following enumerated provisions of the Village Code of Ordinances on or near the rental unit or residential real property leased to the tenant, or on or near the common areas or appurtenances thereof. The prohibition of these offenses applies also to members of the tenant's household, guests or other parties under control of the tenant:
(1) Section 134.01 - Disorderly conduct; and
(2) Section 134.04 - Reckless conduct.
(C) For purposes of division (A) and (B) of this section, it shall be sufficient evidence that a described offense occurred if the offender has been arrested or cited for one or more of the offenses described in division (A) of this section.
(D) If the residential rental property constitutes a nuisance as hereinabove provided, the property owner shall be liable for a violation of this section, and shall be subject to fines as provided in the Code of Ordinances, shall be subject to having his or her license revoked as provided herein, and shall be subject to the commencement of an enforcement action under this chapter, provided, however, that none of the preceding sanctions shall be imposed other than by a court order issued by a judge or by an order issued by an administrative hearing officer in judicial or administrative adjudication proceedings duly commenced by the village pursuant to § 156.08.
(E) It shall be a defense to any enforcement action for an alleged violation of this section that the property owner or property agent has taken and is diligently pursuing action to enforce the provisions of the crime free lease addendum applicable to the residential real property.
(Ord. 16-1260, passed 3-2-16; Am. Ord. 17-1423, passed 12-6- 17; Am. Ord. 20-1635, passed 5- 6-20)