(A) In the event that it is determined that the property is an immediate threat to the public safety and welfare, the village may apply to the Circuit Court for such interim relief, as is deemed by the Chief of Police in consultation with the Village Attorney to be appropriate. In such an event, the notification provision set forth in § 136.05 need not be complied with, however, the village shall make a diligent effort to notify the person in charge prior to a court hearing.
(B) In the event that the court finds the property constitutes a chronic nuisance property as defined in § 136.02, the court may order such remedies as are provided for in this chapter. In addition, in the event that it also finds a person in charge had knowledge of activities or conditions of the property constituting or violating this chapter and permitted the activities to occur, the court may assess a civil penalty as provided for in this chapter.
(C) The court may authorize the Village of Winthrop Harbor 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 village is authorized to secure the property, all costs reasonably incurred by the village to affect the closure shall be accounted for and assessed as a lien against the property. If used herein, "costs" mean those costs actually incurred by the village for the physical securing of the property, as well as any tenant relocation costs the village might incur.
(D) The Village of Winthrop Harbor employee effectuating the closure shall prepare a statement of costs and the Village of Winthrop Harbor shall thereafter submit such statement to the court for its review. If no objection of the statement is made within the period described by the court, a lien in such amount may be recorded against such property.
(E) Any person who is assessed the cost of closure and/or civil penalty by the court shall be personally liable for the payment thereof by the village.
(F) As an ancillary to any enforcement action, the court shall have the power to adjudicate any claim brought in the form of a petition with due and proper notice by a displaced, innocent tenant against the owner for damages occasioned by the loss of use of any property, and the court may award judgment in favor of such tenant against the owner in its discretion based upon the evidence presented.
(Ord. 2015-O-21, passed 10-6-15)