(A) It is hereby declared to constitute a public nuisance to permit, allow, maintain, intensify, fail to abate, or otherwise allow to persist unchecked any condition that is the subject of a final determination of liability by a Hearing Officer for a violation of the Village Code related to property, as more particularly set forth in § 32.64 of the Village Code, for a continuous period of more than seven days following the exhaustion of or failure to exhaust judicial review procedures under the Illinois Administrative Review Law (a “persistent property violation nuisance”).
(B) The Director of Community Development, or his or her designee, is authorized to serve notice in writing upon the owner, occupant, lessee, possessor or person having any control over any parcel of real estate on which a persistent property violation nuisance exists by certified mail, personal service, or by posting signage in a prominent place on the property, ordering such owner, occupant, agent or person to abate such nuisance within a specified reasonable time and in the manner prescribed (the “abatement notice”). The abatement notice shall also advise the recipient that the village may abate the nuisance at the recipient’s expense without further notice if the nuisance is not abated within the specified time period. It shall not be necessary in any case for the village to specify in the abatement notice the manner in which any nuisance shall be abated, unless the Director of Community Development, or his or her designee, deems it advisable to do so. If the person so notified neglects, refuses or otherwise fails to comply with the requirements of the abatement notice within the specified time or within such longer time period as the Director of Community Development, or his or her designee, may approve pursuant to the abatement notice recipient’s timely request for extension accompanied by the submission of a written corrective action plan, the Director of Community Development, Chief of Police or designee of the foregoing may summarily abate or cause the nuisance to be abated without further notice. The village’s failure to commence nuisance abatement activities immediately upon the expiration of the corrective period provided herein shall not constitute a waiver of its right to commence abatement activities at any time without further notice. The designee of the village abating or causing the nuisance to be abated shall keep an account of the expense of abatement.
(C) The abatement notice issued in response to a persistent property violation nuisance shall serve as notice advising the recipient that the recurrence of the conditions constituting the same violation within a 24-month period following the abatement notice shall trigger the village’s nuisance abatement measures without any further notice required.
(D) In addition to any other fines or penalties provided by law, the person(s) who created, continued or suffered the persistent property violation nuisance shall be liable to the village for all village expenses incurred in connection with the drafting and service of the abatement notice and in abating, remediating, repairing or removing the conditions that gave rise to the persistent property violation nuisance. Such expenses may be recovered in an appropriate action in a court of competent jurisdiction.
(E) Nothing in this section shall prevent the village from taking any other enforcement action authorized by law.
(Ord. 2018-15, passed 4-16-18)