(A) Initial determination and notification of Nuisance Incidents.
(1) If the Director of Police makes an initial determination that a hotel or motel within the Village has been the site of: 1) two (2) Nuisance Incidents or one Aggravated Nuisance Incident within a 180-day period; or 2) two (2) alleged Nuisance Incidents or Aggravated Nuisance Incidents within a 30-day period, the Director of Police shall notify the Village Manager/Comptroller that the hotel or motel is at risk of becoming a Nuisance Hotel or Nuisance Motel.
(2) Within five (5) business days after the Director of Police's initial determination, the Director of Police shall provide written notification to the owner of record of the hotel or motel, and any other Hotel Authorities or Motel Authorities of record, that the hotel or motel is at risk of becoming a Nuisance Hotel or Nuisance Motel. The initial notice shall include: 1) the street address of the hotel or motel; 2) a concise description of the events or activities that constitute Nuisance Incidents, Aggravated Nuisance Incidents, or alleged Nuisance Incidents or Aggravated Nuisance Incidents; 3) an invitation to meet with the Village Manager/Comptroller within the following thirty (30) days to negotiate a voluntary abatement agreement with the Village; and 4) contact information for the Village Manager/Comptroller or the Director of Police.
(3) Copies of the initial notice shall be provided by personal service or sent by first-class mail, postage pre-paid, return receipt requested. Failure by the Village to send, or failure of any person to receive the initial notice, shall not negate the authority of the Village to take any action under this section.
(B) Final determination and notification of Nuisance Incidents.
(1) If the Director of Police makes a final determination that a hotel or motel has been the site of: 1) a third Nuisance Incident or a second Aggravated Nuisance Incident within a 180-day period; or 2) a fifth alleged Nuisance Incident or Aggravated Nuisance Incident within a 60-day period, the Director of Police shall notify the Village Manager/Comptroller that the hotel or motel may qualify as a Nuisance Hotel or Nuisance Motel.
(2) Within five (5) business days after the Director of Police's final determination, the Director of Police shall provide written notification to the owner of record of the hotel or motel, and any other Hotel Authorities or Motel Authorities of record, stating that the hotel or motel may be subject to action under this section. The final notice shall include: 1) the street address of the hotel or motel; 2) a concise description of the events or activities that constitute Nuisance Incidents, Aggravated Nuisance Incidents, or alleged Nuisance Incidents or Aggravated Nuisance Incidents; 3) a demand that the Hotel Authority or Motel Authority immediately address the conditions qualifying it as a Nuisance Hotel or Nuisance Motel; 4) information regarding the time and location of any upcoming hearing scheduled pursuant to this section; and 5) contact information for the Village Manager/Comptroller or Director of Police.
(3) Copies of the final notice shall be provided by personal service or sent by first-class mail, postage pre-paid, return receipt requested and posted at the hotel or motel property. Failure by the Village to send, or failure of any person to receive the final notice, does not negate the authority of the Village to take any action under this section.
(C) Enforcement procedure.
(1) The Village may bring an action before a Hearing Officer or a court of competent jurisdiction for a declaration that a hotel or motel is a Nuisance Hotel or Nuisance Motel, and entry of an abatement order.
(2) Upon conducting an evidentiary hearing, the Hearing Officer or court may declare that a hotel or motel is a Nuisance Hotel or Nuisance Motel and issue an order directing the appropriate Hotel Authorities or Motel Authorities to implement abatement measures pursuant to § 120.124 as the Hearing Officer or court deems necessary or appropriate. Any decision of a Hearing Officer pursuant to this section is subject to review under the Illinois Administrative Review Law, 735 ILCS 5/3-101, et seq.
(Ord. 24-4390, passed 1-4-24)