[HISTORY: Adopted by the City Council of
the City of Crystal Lake as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-19-1993 (Art. V, Ch. III, Section C, of the
1993 Code)]
In addition to those things which are elsewhere
by ordinance of the City of Crystal Lake declared to be and constitute
nuisances, it is hereby declared to be a nuisance for any person,
firm or corporation within the limits of said City to:
A.
Burn, ignite or allow any drippings, manure, offal,
animal or vegetable matter which is putrid or offensive, or any offensive
matter to burn or ignite or to allow to burn upon any road, street,
alley, highway, park or other place.
B.
Keep or deposit or permit any slops, swill, garbage,
manure, offal, filth, refuse, animal or vegetable matter which is
putrid or offensive to remain on his/her premises used by him/her.
In any case where a nuisance shall be found
in any building or upon any ground or other premises in the jurisdiction
of the City, immediate notice shall be given by the police of the
City of Crystal Lake to the owner or occupant or person in possession,
charge or control of such building or premises to remove or clean
such nuisance.
Any person, firm or corporation that violates, disobeys, neglects or refuses to comply with any provision of this chapter or who receives two notices from the police shall be fined pursuant to the provisions of Chapter 1, Article II, General Penalty, for each offense. A separate and distinct offense shall be regarded as committed each day on which person, firm, or corporation shall continue any such violation.
[Adopted 9-2-2008 by Ord. No. 6407]
As used in this article, the following terms
shall have the meanings indicated:
Property upon which three or more instances of any one or
any combination of the behaviors listed below have occurred during
any one-hundred-twenty-day period, as a result of any three separate
factual events that have been independently investigated by any law
enforcement agency:
Disorderly conduct as defined in 720 ILCS 5/26-1.
Unlawful use of weapons as defined in 720 ILCS
5/24-1
Mob action as defined in 720 ILCS 5/25-1.
Discharge of a firearm as defined in 720 ILCS
5/24-1.2 and 5/24-1.5.
Gambling as defined by 720 ILCS 5/28-1, except that gambling shall not include the use or operation of such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
[Amended 4-5-2016 by Ord.
No. 7209]
Possession, manufacture or delivery of controlled
substance as defined in 720 ILCS 570/401.
Assault or battery or any related offense as
defined in 720 ILCS 5/12-1.
Sexual abuse or related offenses as defined
in 720 ILCS 5/12-15.
Public indecency as defined in 720 ILCS 5/11-9.
Prostitution as defined in 720 ILCS 5/11-14.
Criminal damage to property as defined in 720
ILCS 5/21-1.
Possession, cultivation, manufacture or delivery
of cannabis as defined in 720 ILCS 550/3, except as provided in the
Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., or the Compassionate
Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq.
[Amended 12-17-2019 by Ord. No. 7600]
Illegal consumption or possession of alcohol
as defined in 235 ILCS 5/1.
Violation of any City of Crystal Lake ordinance
or State of Illinois statute controlling or regulating the sale or
use of alcoholic beverages.
Violations of Chapter 334, Litter, as amended.
Violation of the City of Crystal Lake Code Chapter 358, Noise, as amended.
The City of Crystal Lake shall be referred to as the "City."
The ability to regulate, restrain, dominate, counteract or
govern conduct that occurs on that property.
Any person, agent, partnership, limited-liability company
or corporation having any legal or equitable interest in the property.
In the case of condominium units or townhome units, "owner" shall
mean the legal titleholder to the unit. In the case of an apartment,
the "owner" shall mean the tenants or persons allowed to reside in
the apartment by the tenants or the owner or manager of the owner
of the apartment building.
To suffer, allow, consent to, acquiesce by failure to prevent,
or expressly assent or agree to the doing of an act.
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.
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.
The City may commence an action to abate any
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 preliminary injunction to enjoin any defendant 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.
When the Chief of Police or his/her designee
receives two or more reports documenting the occurrence of nuisance
activity on or within a property, the Chief of Police or his/her designee
shall independently review such reports to determine whether they
describe criminal acts. Upon such findings, the Chief of Police or
his/her designee may:
A.
Notify the person in charge with a written warning
that the property is in danger of becoming a chronic nuisance property.
Such notice shall be provided by either personal service or by certified
mail, addressed to the owner of the property and the person in charge
at the address of the property believed to be a chronic nuisance property
and also at such other address as may be shown on the tax rolls of
the county in which the property is located. The notice shall contain
the following information:
(1)
The street address or a legal description sufficient
for identification of the property.
(2)
A statement that the Chief of Police or his/her designee
has information that the property may constitute a chronic nuisance
property as defined by this article, with a concise description of
the nuisance activities that may exist, or that have occurred. The
Chief of Police or his/her designee shall offer the person in charge
an opportunity to propose a course of action that the Chief of Police
or his/her designee agrees will abate the nuisance activities giving
rise to the violation.
(3)
Request that the person in charge respond to the Chief
of Police or his/her designee within 10 business days to discuss the
nuisance activities.
B.
After complying with the notification procedures described
herein when the Chief of Police or his/her designee receives a 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 or his/her designee shall:
(1)
Notify the person in charge in writing that the property
has been determined to be a chronic nuisance property.
(a)
The notice shall contain the following:
[1]
The street address or legal description sufficient
for identification of the property;
[2]
A statement that the Chief of Police or his/her
designee has determined the property to be chronic nuisance property
with a concise description of the nuisance activities leading to his/her
findings;
[3]
A request that the person in charge or owner
respond within 10 days to the Chief of Police or his/her designee
and propose a course of action that the Chief of Police or his/her
designee agrees will abate the nuisance activities giving rise to
the violation.
(b)
Such notice shall be provided by either personal
service or by certified mail, addressed to the owner of the property
and to the person in charge at the address of the property believed
to be a chronic nuisance property and also at such other address as
may be shown on the tax rolls of the county in which the property
is located. A copy of the notice shall also be posted at the property
after 10 days have 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 or his/her designee.
(2)
If after the notification, but prior to the commencement
of legal proceedings by the City pursuant to this article, a person
in charge or owner enters into an agreement with the Chief of Police
or his/her designee that the person in charge or owner will pursue
a course of action the parties agree will abate the nuisance activities
giving rise to the violation, the Chief of Police or his/her designee
shall agree to postpone legal proceedings for a period of not less
than 10 days nor more than 30 days, except in the case of a nuisance
activity as provided for herein where a search warrant was executed
at the property. 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 30 days, the Chief of Police or his/her
designee shall request authorization for the Corporation Counsel to
commence a legal proceeding to abate the nuisance and shall notify
the person in charge or owner at his/her last known address of the
City's intent to commence legal proceedings.
(3)
Concurrent with the notification procedures set forth
herein, the Chief of Police or his/her designee shall send copies
of the notice, as well as any other documentation, which supports
legal proceedings to the Corporation Counsel.
(4)
The failure of any person to receive notice that the
property may be a chronic nuisance property shall not invalidate or
otherwise affect the proceedings under this article.
C.
When a person in charge makes a response to the Chief
of Police or his/her designee as required above, any conduct or statements
made in connection with the furnishing of that 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.
D.
References to the "Chief of Police" in this section
shall mean the Chief of Police or the Chief of Police's designee.
A.
In an action seeking closure of a chronic nuisance
property, the City 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 resulting in the property being deemed a chronic
nuisance property as provided for herein. It shall also be a defense
for an owner, prior to the notification, to, in good faith, notify
a law enforcement agency of suspected illegal activity and to process
an eviction action for illegal activity against any tenant or occupant.
C.
In establishing the amount of any civil penalty requested,
the court may consider any of the following factors if they need be
found appropriate, and shall cite those found applicable:
(1)
The action 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 City.
(5)
The cost of the City investigating and correcting
or attempting to correct the condition.
A.
In the event that it is determined that the property
is an immediate threat to the public safety and welfare, the City
may apply to the Circuit Court of McHenry County for such interim
relief, as is deemed by the Chief of Police or his/her designee to
be appropriate. In such an event, the notification provisions provided
for herein need not be complied with; however, the City 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 chapter, 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 article and permitted the activities to occur, the Court may assess a civil fine as provided in § 364-9B.
C.
The Court may authorize the City 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 city is authorized to secure the property, all costs reasonably
incurred by the City to effect a closure shall be made and assessed
as a lien against the property. As used herein, "costs" mean these
costs actually incurred by the City for the physical securing of the
property, as well as, tenant relocation costs.
D.
The City shall prepare a statement of costs of closure
and 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 costs of closure and/or
any civil penalty by the Court shall be personally liable for the
payment thereof to the City.
A.
The issuance of complaints for all first offenses shall be brought before the Administrative Law Court of the City, and the respondent shall have the right to appear, present evidence, cross-examine witnesses and such other rights as other respondents have before the Court. The Administrative Law Court, upon the finding of liability, may impose upon the respondent a civil penalty in an amount set forth in Chapter 248, Fines, payable to the City, for each day the owner or the person in charge of the property had actual knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property.
[Amended 3-3-2009 by Ord. No. 6448]
B.
Upon the issuance of a complaint for all second offenses against the respondent, the Administrative Law Court may impose upon the respondent a civil penalty in an amount set forth in Chapter 248, Fines, payable to the City, for each day the owner or the person in charge of the property had actual knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property.
[Amended 3-3-2009 by Ord. No. 6448]
C.
All subsequent complaints filed against the owner
or the person in charge of the property shall be reviewed by the Chief
of Police or his/her designee and Corporate Counsel of the City, who
shall make a determination as to whether a complaint should be filed
before the Circuit Court of McHenry County in accordance with the
provisions of this article.
D.
In determining the penalty against the owner or the
person in charge of the property found liable by the Administrative
Law Court or the Circuit Court of McHenry County, the Court may take
into account any actions taken by the owner or the person in charge
of the property to attempt to obstruct the ordinary process of this
article by threats, intimidation or other actions taken by the owner
or person in charge of the property against any tenant, subtenant
or any other owner of any condominium or townhome unit.
E.
The Circuit Court of McHenry County may impose a civil penalty in an amount set forth in Chapter 248, Fines, for each offense, payable to the City, for each day the owner or person in charge of the property had knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property. In addition, in the event the Circuit Court of McHenry County 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 30 days, but not more than 180 days, or the Court may employ any other remedy deemed by it to be appropriate to abate the nuisance.
[Amended 3-3-2009 by Ord. No. 6448]
F.
In determining what remedy or remedies it shall employ,
the Court may consider evidence of other conduct which has occurred
on the property, including, but not limited to:
If any provision, clause, sentence, paragraph,
section or part of this article or application thereof to any person
or circumstance shall for any reason be judged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall
not affect or otherwise invalidate the remainder of this article and
the application of such provision to other persons or circumstances,
but shall be confined in its operation to such revision, clause, sentence,
paragraph, section or part there of directly involved in the controversy
in which such judgment shall have been rendered unto the person or
circumstances involved. It is hereby declared to be the legislative
intent of the City Council that this article would have been adopted
had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
