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O-47-99 05/24/1999VILLAGE OF LEMONT ORDINANCE NO. D Tg6/ ORDINANCE AMENDING CHAPTER 8.04.120 OF TEH MUNICIPAL CODE ENTITLED "NUISANCE ABATEMENT AUTHORITY" ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 24th day of May , 1999 Published authority Board of of Lemont Counties, in pamphlet form by of the President and Trustees of the Village , Cook, Will, & Du4Page Illinois, this day of May , 1999. ORDINANCE NO. /7 AN ORDINANCE AMENDING CHAPTER 8.04.120 ENTITLED NUISANCE ABATEMENT AUTHORITY WHEREAS, certain properties located in the Village of Lemont has determined that activities at certain properties create a nuisance to various other residents; and WHEREAS, the abatement of this nuisance is essential for the public safety, health and welfare of the residents of the Village of Lemont, and WHEREAS, the conduct which occurs in certain properties are on -going and of a criminal nature. NOW, THEREFORE BE IT ORDAINED THAT: SECTION 1 A. Any certain property within the Village of Lemont which becomes a Chronic Nuisance Property is in violation of this Chapter and is subject to its remedies. B. Any person in charge who permits property under his or her ownership or control to be a public nuisance property shall be in violation of this Chapter and subject to its remedies. SECTION 2 A. CHRONIC NUISANCE PROPERTY - Chronic Nuisance Property shall be property upon which three or more of the behaviors listed below have occurred during any sixty (60) day period, as a result of any three (3) separate factual events that have been independently investigated by any law enforcement agency. 1. Disorderly Conduct as defined in 720 ILCS 5/26 -1. 2. Unlawful Use of Weapons as defined in 720 ILCS 5/24 -1 et.seq. 3. Mob Action as defined in 720 ILCS 5/25 -1. 4. Discharge of a Firearm as defined in 720 ILCS 5/24 -1.2 and 1.5. 5. Gambling as defined in 720 ILCS 5/28 -1. 6. Possession, Manufacture or Delivery of Controlled Substances as defined in 720 ILCS 570/401 et.seq. 7. Assault or Battery or Any Related Offense as defined in 720 ILCS 5/1201 et. seq. 8. Sexual Abuse or Related Offenses as defined in 720 ILCS 5/12 -15 et.seq. 9. Public Indecency as defined in 720 ILCS 5/11 -9. 10. Prostitution as defined in 720 ILCS 5/11 -14 et.seq. 11. Criminal Damage to Property as defined in 720 ILCS 5/21 -1 et.seq. 12. Possession, Cultivation, Manufacture or Delivery of Cannabis as . defined in 720 ILCS 550/1 et.seq. 13. Illegal Consumption or Possession of Alcohol as defined in 235 ILCS 5/1 et.seq. B. Control; the ability to regulate, restrain, dominate,counteract or govern conduct that occurs on that property. C. Owner, any person, agent, firm or corporation having any legal or equitable interest in the property. Owner includes, but is not limited to: (1) a mortgagee possession in whom is vested (a) all or part of the right to the present use and enjoyment of the premises; or (2) an occupant who can control what occurs on the property. D. Permit. To suffer, allow, consent to, acquiesce by failure to prevent, or expressly ascent or agree to the doing of an act. E. Person. Any natural person, association, partnership or corporation capable of owning or using property in the Village of Lemont. F. Person in Charge. Any person in actual or constructive possession of a property, including but not limited to an owner, occupant of property under his or her domain, ownership or control. G. Property. Any real property, including land in that which is affixed, incidental or pertinent to land, including but not limited to any premises, room, house, building, or structure or any separate part or portion thereof, whether permitted or not. SECTION 3. REMEDY A. In the event a court determines property to be a Chronic Nuisance Property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than thirty days (30), but not more than one hundred and eighty days (180), or the court may employ any other remedy deemed by it to be appropriate to abate the nuisance. B. In addition to the remedy provided in paragraph (A) above, the court may impose upon the owner of the property a civil penalty in the amount of up to One Hundred Dollars ($100.00) per day, payable in the Village of Lemont for each day the owner had actual knowledge that the property was a public nuisance property and permitted the property to remain public nuisance property. C. In determining what remedy or remedies shall employ, the court may consider evidence of other conduct which has occurred on the property, including, but not limited to: 1. The disturbance of neighbors. 2. The recurrence of loud and obnoxious noises. 3. Repeated Consumption of Alcohol in Public. SECTION 4. ABATEMENT OF NUISANCE The attorney for the Village of Lemont or the States Attorney of Cook, Will, or DuPage County may commence an action to abate public nuisance as described above. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may without notice or bond enter a temporary restraining order or a preliminary injunction to enjoin any defend- ant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance. SECTION 5. PROCEDURE When the Chief of Police of the Village of Lemont receives two or more police reports documenting the occurrence of nuisance activity on or within a property, the Chief of Police shall independently review such reports to determine whether they describe criminal acts. Upon such findings, the Chief may: 1. Notify the person in charge in writing that the property is in danger of becoming a Chronic Nuisance Property. The notice shall contain the following information. a. The street address or legal description sufficient for identification of the property. b. A statement that the Chief of Police has information that the property may be Chronic Nuisance Property, with a concise description of the nuisance activities that may exist, or that have occurred. The Chief of Police shall offer the Person in Charge an opportunity to propose a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation. c. Demand that the Person in Charge respond to the Chief of Police within ten (10) days to discuss the nuisance activities. B. After complying with the notification procedures described herein when the Chief of Police receives a police report documenting the occurrence of a third nuisance activity at or within a property and determines that the property has become a Chronic Nuisance Property, the Chief of Police shall: 1. Notify the Person in Charge in writing that the property has been determined to be a Chronic Nuisance Property. The notice shall contain the following information: a. The street address or legal description sufficient for identification of the property. b. A statement that the Chief of Police has determined the property to be Chronic Nuisance Property with a concise description of the nuisance activities leading to his /her findings. c. Demand that the Person in Charge respond within ten (10) days to the Chief of Police and propose a course of action that the Chief of Police agrees will abate the nuisance activities giving rise to the violation. d. Service shall be made either personnel or by first class mail, postage prepaid, return receipt requested, addressed to the Person in Charge at the address of the property believed to be a Chronic Nuisance Property, or such other place which is likely to give the Person in Charge notice of the determination by the Chief of Police. e. A copy of the notice shall be served on the owner at such address as shown on the tax rolls of the county in which the property is located, and /or the occupant, at the address of the property, if there persons are different than the Person in Charge, and shall be made either personally or by first class mail, postage prepaid. f. A copy of the notice shall also be posted at the property after ten (10) days has elapsed from the service or mailing of the notice to the Person in Charge and the Person in Charge has not contacted the Chief of Police. g. The failure of any person to receive notice that the prop- erty may be a Chronic Nuisance Property shall not invalidate or otherwise affect the proceedings under this Chapter. 2. If after the notification, but prior to the commencement of legal proceedings by the Village pursuant to this Chapter, a Person in Charge stipulates with the Chief of Police that the Person in Charge will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the Chief of Police may agree to postpone legal proceedings for a period of not less than ten (10) nor more than thirty (30) days. If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within thirty (30) days, the Chief of Police shall request authorization for the Village attorney to commence a legal proceeding to abate the nuisance. 3. Concurrent with the notification procedures set forth herein, the Chief of Police shall send copies of the notice, as well as, any other documentation which supports legal proceedings to the Village of Lemont. C. When a Person in Charge makes a response to the Chief of Police as required above, any conduct or statements made in connection with the furnishing of the response shall not constitute an admission that any nuisance activities have or are occurring. This subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose. SECTION 6. COMMENCEMENT OF ACTION, BURDEN OF PROOF A. In an action seeking closure of a Chronic Nuisance Property, the Village shall have the initial burden of showing by preponderance of the evidence that the property is a Chronic Nuisance Property. B. It is a defense to an action seeking the closure of Chronic Nuisance Property that the owner of the property at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become a public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading of the findings that the property is a Chronic Nuisance Property. C. In establishing the amount of any civil penalty requested, the court may consider any of the following factors if they need be found, and shall site those found applicable: 1. The actions or lack of action taken by the Person in Charge to mitigate or correct the problem at the property. 2. Whether the problem at the property was repeated or continuous. 3. The magnitude or gravity of the problem. 4. The cooperation of the Person in Charge with the Village. 5. The cost of the Village investigating and correcting or attempting to correct the condition. SECTION 7. EMERGENCY CLOSING PROCEDURES 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 court for such interim relief, as is deemed by the Chief of Police to be appropriate. In such an event, the notification provision set forth in Section 5 above 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 this section, the court may order the remedy set out above. In addition, in the event that it also finds the 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 fine as provided above. C. The court may authorize the Village of Lemont 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 a closure shall be made and assessed as a lien against the property. If used herein, "costs" mean that costs actually incurred by the Village for the physical securing of the property, as well as, tenant relocation costs. D. The Village of Lemont Department of Public Works affecting the closure shall prepare a statement of cost and the Village of Lemont shall thereafter submit said 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 said amount may be recorded against said 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. A tenant is entitled to their reasonable relocation costs, as those are determined by the court if, without actual notice, the tenant moved into the property, after either: 1. The owner or tenant received notice as described herein of the Police Chief's determination as described above. 2. Unknown owner or other agent received notice of an action brought pursuant to this section. 3. Any person who is assessed with costs of closure and /or civil penalty by the court shall be personally liable for the payment thereof to the Village. SECTION 8. SEVERABILITY If any provision of this ordinance or its application, or any person or circumstances held to be invalid for any reason, the remainder of said application of its provisions to the other persons or circumstances shall not be in any way affected. This ordinance shall be in full force and affect from and after its passage, approval and publication in the manner provided by law. All ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. The Village Clerk of the Village of Lemont shall certify to the adoption of this ordinance and cause same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, on this 24th day of May , 1999. John Benik Debra Blatzer Keith Latz Connie Markiewicz Richard G. Rimbo Mary Studebaker Approved by Attest: AYES NAYS ABSENT 24th day of May , 1999. WA ES , Village President RLENE M. SMOLLEN, Village Clerk B: /ORDINANC /ABATE CHRONIC NUISANCE PROPERTIES APPROVED A 1 FORM John P. Antonop illage Attorney JOHN J. BLUIS CHIEF OF POLICE EMERGENCY DIAL 9 -1 -1 Dear: LEMONT POLICE DEPARTMENT 416 MAIN STREET LEMONT, ILLINOIS 60439 FAX 630 - 257 -5087 Date CMDR. D. JONES CMDR. T. HESS BUSINESS 630 - 257 -2229 RE Notice of Illegal Drug Activity by a tenant Lemont, Illinois Case# We are putting you on notice that a person, has been involved in an incident of illegal drug activity. This letter is to inform you that listed the address of following his /her arrest. Public records indicate that you own, manage, and /or have a possessory interest in that property. As the landlord of this property, you are legally responsible for any public nuisance that results from illegal drug activity taking place there. While the above incident did not take place on your property we feel it is important that a property manager is aware of the problems of both his properties and his tenants /residents. The Village of Lemont stands ready to work with you to prevent the use of your property for illegal activity. Please contact my office immediately to discuss methods in which you can abate the nuisance. Respectfully, Jack Bluis Chief of Police 630 - 257 -2229 JJB /sw