A. Definitions: For purposes of this section, the following definitions shall apply:
DISORDERLY HOUSE: Shall mean and include any residential dwelling unit that experiences an unlawful activity in, at, on or about the dwelling unit more than three (3) times within a twelve (12) month period.
DWELLING UNIT: Shall mean and include a room or a group of rooms which are arranged, designed, used or intended for use as living quarters for any person or persons and shall include, but is not limited to, an attached or detached single-family or multiple-family house, building, structure, apartment, condominium, townhouse, duplex, or rooming house. A dwelling unit may be leased or owner-occupied, and includes the land that is affixed, incidental to or appurtenant to it.
OCCUPANT: Shall mean and include any person who has the right to the use of or to possess, or who is in charge or control or keeper of a dwelling unit, including, but not limited to, any tenant of the dwelling unit.
OWNER: Shall mean and include any person who is a landlord or lessor of the dwelling unit or who is a titleholder, contract purchaser or seller, or mortgage holder of a dwelling unit or who owns a whole or partial interest in and to or of a dwelling unit.
PERSON: Shall mean and include any and all persons, firms, corporations, limited liability companies, trustees, partnerships, or entities of any kind, nature, or extent whatsoever.
UNLAWFUL ACTIVITY: Shall mean and include:
1. Any behavior or conduct which is documented by arrest or the issuance of a city ordinance violation complaint or citation, or the issuance of a criminal charge, citation, complaint, information or indictment under any Illinois statute that occurred in, at, on or about the dwelling unit; or
2. A residential incident meaning that any law enforcement personnel (from the Taylorville police department and/or from the Christian County sheriff's department and/or from the Illinois state police) have arrived at a dwelling unit in response to any complaint from any person of an alleged unlawful activity at any dwelling unit; or
3. Any boisterous, loud or raucous noise (clearly audible from 20 feet or more from a dwelling unit) or behavior or disorderly conduct of any kind, nature, or extent whatsoever by any person in, at, on or about the dwelling unit that disturbs the peace of any person within the neighborhood of a dwelling unit; or
4. Any behavior or conduct by any person in, at, on or about the dwelling unit that alarms or disturbs another so as to create a breach of the peace; or
5. Any behavior or conduct by any person in, at, on or about the dwelling unit that is dangerous or detrimental to the health, safety, or welfare of any person.
B. Declaration Of Public Nuisance: Every disorderly house is hereby declared a public nuisance.
C. Violation: It shall be unlawful for any person, owner, or occupant to own or possess or occupy or cause or permit or allow or fail to prohibit any disorderly house. The liability of an owner is conditioned upon the owner having received a written notice from a representative of the city's police department of the dates of the two (2) prior unlawful activities that occurred at the dwelling unit owned by the owner. A representative of the city's police department shall mail or deliver an owner a written notice within thirty (30) days following each such unlawful activity if such owner's residence or business address is then known to the city's police department.
D. Penalty: Any person found guilty of violating this section shall, upon conviction thereof, be fined the sum of five hundred dollars ($500.00) and shall be assessed the applicable court costs and court assessed fees for each offense. (Ord. 3633, 8-19-2013)