[HISTORY: Adopted by the Mayor and Board of Trustees of the
Village of Flossmoor 6-4-2018by
FMC-2018-7. Amendments noted where applicable.
This chapter shall be known as the "Chronic Nuisance Property
Regulations."
The purpose of this chapter is to establish the obligation of
owners of property to register so the Village can advise such an owner
whether there are nuisances regarding the owner's property that
have become chronic and require immediate abatement of those nuisances
on and from that property and to establish a registry for any property
requiring certain inspections as a result of being adjudged a chronic
nuisance property in violation of this chapter.
The following words, terms and phrases, when used in this section,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Defined in § 220-1-6.
Includes any communication made by an owner, tenant, guest,
neighbor, or other individual to police or other emergency services.
The ability to regulate, restrain, dominate, counteract,
or govern conduct that occurs on that property either directly or
by intervention of any governmental authority.
The Village's Building and Zoning Administrator.
[Amended 5-20-2019 by FMC-2019-8]
With respect to a person:
A physical or mental impairment which substantially limits one
or more of such person's major life activities;
A record of having such an impairment; or
Being regarded as having such an impairment, but such term does
not include current illegal use of, or addiction to, a controlled
substance, as defined in the Federal Controlled Substance Act, 21
U.S.C. § 802.
Physical abuse, harassment, intimidation of a dependent,
interference with personal liberty or willful deprivation, but does
not include reasonable direction of a minor child by a parent or person
in loco parentis.
One or more rooms which are arranged, designed, or used as
living quarters for a family, or for a community residence as a single
housekeeping unit. A dwelling unit includes bathroom and kitchen facilities
in addition to sleeping and living areas.
Any of the Village Building Code or Property Maintenance Code violations; criminal activities, behaviors, or conduct, as defined by federal or state law; and, shall include the physical conditions and criminal activities set forth in § 220-1-5A and B, respectively, but excludes any activities set forth in § 220-1-5C.
Any person, partnership, land trust, or corporation having
any legal or equitable interest in the property. "Owner" includes,
but is not limited to:
To suffer, allow, consent to, acquiesce by failure to prevent,
or attempt to prevent, or expressly assent or agree to the doing of
an act.
Any natural person, association, partnership, corporation,
or other entity capable of owning, occupying, or using property in
the Village.
Any person in actual or constructive possession of a property,
including, but not limited to, an owner, property manager, tenant
or occupant of the property in question under his or her ownership
or control.
Any real property, including its land and 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.
Has the meaning provided under Section 10 of the Safe Homes
Act, 765 ILCS 750/10.
A person who has entered into an oral or written lease with
an owner whereby the person is the lessee under the lease.
Nothing in this chapter shall limit or prohibit the authority
of Village officers or employees from enforcing any other provision
of this Village Code or any state or federal law under their jurisdiction.
None of the inspection provisions shall prohibit, condition, or otherwise
limit any inspection conducted under any other provision of this Village
Code or other applicable law.
A.
The following physical conditions, inside or outside the property,
shall constitute a nuisance:
(1)
Two or more separate violations after disposition of a finding
of guilty by the circuit court of Cook County for those violations,
or similar finding of liability by the Village Administrative Hearing
Officer for violation of the Village's Property Maintenance Code,
Building Code, Residential Code, Mechanical Code, Fuel Gas Code, Fire
Code, Energy Conservation Code, Plumbing Code, Electrical Code or
Accessibility Code.
(2)
Criminal housing management as defined in 720 ILCS 5/12-5.1.
(3)
Structure unfit for human occupancy or unsafe structure as defined
in the Building Code or Property Maintenance Code as adopted by the
Village.
(4)
Unlawful structure as defined in the Building Code or Property
Maintenance Code as adopted by the Village.
B.
The following criminal activity and events occurring on a property,
inside or outside the structure or dwelling unit, shall constitute
a nuisance:
(1)
Any offense defined and prohibited by Act 5 of the Illinois
Criminal Code of 2012, 720 ILCS 1-1 et seq.
(2)
Any offense defined and prohibited by the Cannabis Control Act,
720 ILCS 550/1 et seq.
(3)
Any offense defined and prohibited by the Illinois Controlled
Substances Act, 720 ILCS 570/100 et seq.; or any offense defined and
prohibited by the Methamphetamine Control and Community Protection
Act, 720 ILCS 646/1 et seq.;
(4)
Any offense defined and prohibited by Section 6-16 (prohibited
sales and possession) or Section 6-20 (purchase or acceptance of gift
of liquor by persons under age 21) of the Liquor Control Act of 1934,
235 ILCS 5/6-16 and 5/6-20;
(5)
Illegal consumption or possession of alcohol as defined in 235
ILCS 5/1 et seq.; and
(6)
Failure to pay property taxes and other fees owed the Village.
C.
Notwithstanding the foregoing provisions set forth in Subsection B above, pursuant to Section 1-2-1.5 of the Illinois Municipal Code, 65 ILCS 5/1-2-1.5, the following activities, behavior or conduct are hereby excluded as being nuisance activities:
(1)
Contact made to police or other emergency services, if:
(a)
The contact was made with the intent to prevent or respond to
domestic violence or sexual violence;
(b)
The intervention of emergency assistance was needed to respond
to or prevent domestic violence or sexual violence;
(c)
The contact was made by, on behalf of, or otherwise concerns
an individual with a disability and the purpose of the contact was
related to that individual's disability;
(2)
An incident or incidents of actual or threatened domestic violence
or sexual violence against an owner, tenant, household member, guest,
or other party occurring on the property within the Village; or
(3)
Criminal activity or a local ordinance violation occurring on
the property that is directly relating to domestic violence or sexual
violence engaged in by an owner, a tenant, member of a tenant's
household, guest, or other party, and against an owner, a tenant,
household member, guest or other party.
D.
Notwithstanding the exclusions set forth in Subsection C(1)(a), (b) and/or (c) of this section, nothing set forth therein limits the enforcement of (i) Section 15.2 of the Emergency Telephone System Act, 50 ILCS, 750/15/2; (ii) Article 26 of the Criminal Code of 2012, 720 ILCS, 5/26-1, et seq.; or (iii) Article X of the Code of Civil Procedure, 735 ILCS 5/10-101 et seq; or (iv) prohibits the Village from enacting or enforcing ordinances to impose penalties on the basis of the underlying criminal activity or local ordinance violation not covered by Subsection C(1)(a), (b), and/or (c) of this section to the extent otherwise permitted by state and federal laws; or (v) limits or prohibits the eviction of or imposition of penalties on the perpetrator of the domestic violence or other criminal activity.
[Amended 5-20-2019 by FMC-2019-8]
A.
"Chronic nuisance property" means any property upon which two or
more nuisance activities within a six-month period have occurred as
a result of any two separate factual events that have been independently
investigated and verified by any law enforcement agency or the Building
Department and the owner has failed to correct within the time period
provided for compliance or they have reoccurred; or two or more citations
for offenses defined as nuisance activities within a six-month period,
which have been adjudicated and findings of liable or findings of
guilty have been entered either by the Village's administrative
Adjudication Hearing Officer or a court of competent jurisdiction.
B.
A chronic nuisance property is hereby declared to be a public nuisance.
C.
It shall be unlawful for any residential property within the Village
to become or remain a chronic nuisance property in violation of this
chapter.
E.
Each day that a violation of this section continues shall be considered
a separate and distinct offense.
The Village hereby creates a Nuisance Property Registry and
a property that is determined to be a chronic nuisance property shall
be placed on that registry.
[Amended 5-20-2019 by FMC-2019-8]
A.
Upon a property being placed on the Nuisance Property Registry, it
shall be subject to a health and safety or nuisance inspection limited
to but covering all the relevant nuisance activities. A property shall
be placed on the Nuisance Property Registry for 12 months until its
end of the registry period performance evaluation is performed as
provided in this chapter.
B.
Notice of inspection. The Building Department shall serve written
notice of the date and time of any inspection to be conducted under
this chapter, by mailing such notice by first-class mail at least
14 calendar days prior to the date of inspection to the owner at the
address of the property and to the taxpayer of record at the address
shown on the county tax rolls. If the property has been rented, the
Building Department shall also mail the notice to the occupants of
each rental dwelling unit, the owner, and the owner representative
(if applicable). The Building Department shall also post official
notice of the inspection in a conspicuous area upon the property.
In the case of multiple owners of the same property, notice to any
one of the owners shall comply with the notice requirement under this
section.
C.
Entry.
(1)
The owner shall provide the Inspector from the Building Department
with access to the property.
(2)
If the property is rented, the owner is responsible for obtaining
the consent of the tenant of any rental dwelling unit to permit entry.
If the tenant does not consent to the entry for inspection, the Building
Department is authorized to seek an inspection warrant from a court
of competent jurisdiction. If a tenant or occupant of a rental dwelling
unit refuses to allow the inspection, the owner is not in violation
of this section.
(3)
If the Inspector is prevented from inspecting the property and
has reasonable cause to believe that the property is so hazardous,
unsafe, or dangerous as to require immediate inspection to safeguard
the public health or safety, the Inspector shall have the right to
immediately enter and inspect the property and may use any reasonable
means required to effect the entry and make an inspection.
D.
Results of inspection.
(1)
If the Inspector finds no Village Code violations, the Inspector shall issue a notice of compliance that shall state in plain language that the property is in compliance with all applicable laws in the same manner as the notice of inspection provided for in § 220-1-8B hereof.
(2)
If, upon inspection, the Inspector discovers one or more Village
Code violations and any other applicable law, the Inspector shall
cause to be issued a notice and order to the owner to correct the
violations. The order shall state in plain language the violations
of law found and the sections of law with which the property is not
in compliance.
(a)
The order shall also state that failure to correct the violations may result in additional inspection fees and other enforcement actions. The Inspector shall mail the notice in the same manner as the notice of inspection provided for in § 220-1-8B hereof and order to the occupants of each dwelling unit, the owner, and the owner representative to the addresses provided on the registration application.
(3)
If the Inspector determines that the conditions pose a present,
imminent, extreme and immediate hazard to health or safety, he or
she shall order abatement of the conditions within 48 hours. Within
24 hours after the time to abate, the Building Department shall conduct
a reinspection of the property to determine compliance with the order.
If the condition has not been abated, the Building Department is authorized
to make the necessary repairs to ensure immediate repair of dangerous,
life-threatening conditions.
(4)
Except as provided in Subsection D(3), the Building Department shall specify a reasonable time period for correction of the violations, depending on the severity of the condition, between 48 hours and 30 days from receipt of the order to correct the violations and schedule a reinspection of the property. A fee for the additional inspection required under this subsection shall be imposed. The Village may also commence any other enforcement actions.
(5)
Except for conditions specified in Subsection D(3), if the violation has not been corrected by the compliance date, but the owner has made significant progress in correcting the violation since the prior inspection, the Building Department may grant a single extension of time not to exceed 30 days. In determining whether to grant the extension of time, the Building Department shall consider the frequency of prior inspections, the current condition of the property, prior Village Code violations and whether the owner has other property with Village Code violations.
E.
After being added to the Nuisance Property Registry and having an
initial inspection, the property shall also be required to have a
subsequent inspection six months after being placed on the registry.
[Amended 5-20-2019 by FMC-2019-8]
A.
At the end of the 11th month on the Nuisance Property Registry, the
Building Department shall do a review of the status of the property
to determine if the property should be removed from the registry or
be required to remain on the registry for an additional twelve-month
registry period.
B.
Those owners who have resolved the issue(s) that caused their property
to be placed on the nuisance property registry and have had no or
few violations will be removed from the registry while those who have
properties that continue to have violations shall remain on the registry.
A.
Inspection fee. An owner of property determined to be a chronic nuisance property shall pay a fee of $150 per building, plus an additional $50 for each dwelling unit above two dwelling units. This inspection fee shall cover the initial inspection, first reinspection at six months and the annual performance evaluation provided for in § 220-1-9.
B.
An owner shall pay a fee of $150 for any additional inspection not provided for in Subsection A above.
C.
The fee for rescheduling an inspection shall be $50.
Whenever the Chief of Police of the Village receives one or
more police reports documenting the occurrence of a nuisance activity,
as herein defined, on or within a property, the Chief of Police shall
independently review such reports and any other relevant facts or
evidence to determine whether criminal activity, nuisance activity
or other prohibited conduct as provided in this chapter has occurred
at the property in question. Upon a finding that the complained of
activity has occurred, the Chief of Police may notify the owner, 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 and property index number sufficient for identification
of the property.
B.
A statement that the police department has information that the property
may be a chronic nuisance property, with a concise description of
the criminal or nuisance activity(ies) that may exist or that has
occurred.
C.
Service of notice shall be provided by either personal delivery or
by first-class mail, postage prepaid, addressed to the owner at the
address of the property believed to be a chronic nuisance property,
or such other place which is likely to give notice of the determination
by the Chief of Police.
D.
A copy of the notice shall also be served on the taxpayer of record
at such address as shown on the tax rolls of the county and/or the
occupant, at the address of the property, if these persons are different
from the owner and shall be made either personally or by first-class
mail, postage prepaid.
E.
Demand that the owner respond and meet with the Chief of Police within
20 days of receipt of the notice. Refusal of receipt of the notice
by any party to whom notice is sent shall be deemed receipt of the
notice for purposes of this section.
A.
At the meeting, the Chief of Police may request that the owner implement
a reasonable abatement plan designed to alleviate and prevent future
occurrences of criminal activity or nuisance activity upon the property.
The mitigation or abatement plan shall be reasonable under the circumstances
in its objective, cost and scope, and shall be implemented within
60 days of the meeting with the Chief of Police or such longer period
if not practically feasible to do so within 60 days.
B.
If the criminal activity or nuisance activity complained of has or
is being conducted by a tenant leasing the property, and such activity
is a violation of the material terms of a lease agreement, the Chief
of Police may request that the owner evict the tenant and further
request that future tenants execute a "crime free lease addendum."
If eviction is requested, the owner shall proceed with such an action
in good faith. The Village shall assist in the eviction action by
reasonably cooperating with the owner, manager(s) or person(s) in
charge of the property, including, but not limited to, providing law
enforcement officers or other municipal employees as witnesses regarding
the nuisance activity if relevant.
C.
When any party affected by this section responds and meets with the
Chief of Police as required above, no statements made in connection
with the furnishing of that response or in a meeting shall constitute
or be used in any judicial or quasijudicial proceeding as an admission
that any nuisance activity has or is occurring at or on the property.
This subsection does not require the exclusion of any other evidence
which is otherwise admissible and offered for any other purpose than
an admission by a person affected by this section.
A.
At any hearing before the administrative adjudication hearing officer held in accordance with Chapter 35 to determine whether the property in question is a chronic nuisance property, the Village shall have the initial burden of proof to show, by a preponderance of evidence, that the property in question is a chronic nuisance property. Notice of the hearing shall be provided to all persons or entities that may be adversely affected by a decision declaring the property to be a chronic nuisance property.
B.
The Village's representative shall present evidence in support
of its claim that the property is a chronic nuisance property. The
owner shall be permitted to rebut such evidence.
C.
No continuances shall be authorized by the Administrative Hearing
Officer in proceedings under this section unless for good cause shown
or except where a continuance is absolutely necessary to protect the
rights of any party to the proceeding. Lack of preparedness shall
not be grounds for a continuance.
D.
At any time prior to the hearing date, the Administrative Hearing
Officer may, at the request of either party(ies), direct witnesses
to appear and give testimony at the hearing. The formal rules of evidence
will not apply at the hearing and hearsay evidence including police
reports shall be admissible only if it is the type commonly relied
upon by reasonable, prudent persons in the conduct of their affairs.
A.
Nuisance abatement: The Village, as an alternative to administrative
adjudication, may commence an action in the circuit court of Cook
County for a determination that the property is a chronic nuisance
property and/or to abate a chronic nuisance property.
B.
Nothing with respect to this section:
(1)
Limits enforcement pursuant to 50 ILCS 750/15.2 against any
person calling the number "911" for the purpose of making a false
alarm or complaint and reporting false information, from being charged
with disorderly conduct as defined in 720 ILCS 5/26-1 or a similar
ordinance of this code; or
(2)
Prohibits claims made pursuant to 735 ILCS 5/9-1 et seq., of
the forcible entry and detainer statute, except where the tenant,
lessee, or household member who was the victim of domestic violence,
sexual violence, stalking, or dating violence did not knowingly consent
to the barred person entering the premises or a valid court order
permitted the barred person's entry onto the premises; or
(3)
Prohibits the Village from enacting or enforcing ordinances
to impose penalties on the basis of the underlying criminal activity
or local ordinance violation to the extent otherwise permitted by
existing state and federal law; or
(4)
Shall prevent the owner or Village from seeking possession solely
against a tenant, household member, or lessee of the premises who
perpetrated the domestic violence, sexual violence, or other criminal
activity; or
(5)
Shall prevent the owner or Village from seeking possession against
a tenant, lessee or household member who is a victim of domestic violence,
dating violence and stalking, sexual violence, or has a disability,
if that tenant, lessee, or household member has committed the nuisance
activity on which the demand for possession is based.
