A. 
Any certain property within the City of Bloomington which becomes a Chronic Nuisance Property or an Aggravated Chronic Nuisance Property is in violation of this chapter and is subject to its remedies.
[Ord. No. 1998-102]
B. 
Any owner who permits property under his or her ownership or control to be a Chronic Nuisance Property or an Aggravated Chronic Nuisance Property shall be in violation of this chapter and subject to its remedies.
[Ord. No. 1998-102]
AGGRAVATED CHRONIC NUISANCE PROPERTY
Property upon which two or more of the behaviors listed below have occurred during any 365-day period, as a result of any two separate factual events that have been independently investigated by any law enforcement agency.
A. 
First degree murder as defined in 720 ILCS 5/9-1;
B. 
Any kidnapping offense as defined in 720 ILCS 5/10-1 et seq.;
C. 
Criminal Housing Management as defined in 720 ILCS 5/12-5.1;
D. 
Possession of Explosives or Incendiary Devices as defined in 720 ILCS 5/20-2;
E. 
Any offense involving Deadly Weapons as defined in 720 ILCS 5/24 et seq.;
F. 
Mob Action as defined in 720 ILCS 5/25-1;
G. 
Possession, Manufacture or Delivery of Controlled Substances as defined in 720 ILCS 570/401 et seq.;
H. 
Sexual Abuse or Related Offenses as defined in 720 ILCS 5/12-15 et seq.;
I. 
Possession, Cultivation, Manufacture or Delivery of Cannabis as defined in 720 ILCS 550/1 et seq.;
[Ord. No. 1998-102]
CHRONIC NUISANCE PROPERTY
Property upon which three or more of the behaviors listed below have occurred during any 180-day period, as a result of any three separate factual events that have been independently investigated by any law enforcement agency or Code Enforcement Officer.
[Ord. No. 2009-34]
A. 
First degree murder as defined in 720 ILCS 5/9-1;
B. 
Any kidnapping offense as defined in 720 ILCS 5/10-1 et seq.;
C. 
Criminal Housing Management as defined in 720 ILCS 5/12-5.1;
D. 
Possession of Explosives or Incendiary Devices as defined in 720 ILCS 5/20-2;
E. 
Any offense involving Deadly Weapons as defined in 720 ILCS 5/24 et seq.;
F. 
Mob Action as defined in 720 ILCS 5/25-1;
G. 
Possession, Manufacture or Delivery of Controlled Substances as defined in 720 ILCS 570/401 et seq.;
H. 
Sexual Abuse or Related Offenses as defined in 720 ILCS 5/12-15 et seq.;
I. 
Possession, Cultivation, Manufacture or Delivery of Cannabis as defined in 720 ILCS 550/1 et seq.;
J. 
Disorderly Conduct as defined in 720 ILCS 5/26-1;
K. 
Gambling as defined in 720 ILCS 5/28-1;
L. 
Assault or Battery or Any Related Offense as defined in 720 ILCS 5/12-1 et seq.;
M. 
Public Indecency as defined in 720 ILCS 5/11-9;[1]
N. 
Prostitution as defined in 720 ILCS 5/11-14 et seq.;
O. 
Disorderly House as defined in Chapter 28, § 28-161, of the Bloomington City Code.
[Ord. No. 2009-34]
P. 
Illegal Consumption or Possession of Alcohol as defined in 235 ILCS 5/1-1 et seq. or Chapter 6 of the Bloomington City Code;
Q. 
Violation of Chapter 21 of the Bloomington City Code (Refuse) relating to Refuse Preparation and Storage Violations.
[Ord. No. 1998-102]
R. 
Violation of any part of Chapter 8, § 8-108, of the Bloomington City Code.
[Ord. No. 2003-09]
CONTROL
The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
[Ord. No. 1998-102]
OWNER
Any person, partnership, land trust, or corporation having any legal or equitable interest in the property. Owner includes, but is not limited to:
A. 
A mortgagee in possession in whom is vested.
(1) 
All or part of the legal title to the property; or
(2) 
All or part of the beneficial ownership and the right to the present use and enjoyment of the premises; or
B. 
An occupant who can control what occurs on the property; or
C. 
Any person acting as an agent of an owner as defined herein.
[Ord. No. 1998-102]
PERMIT
To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
[Ord. No. 1998-102]
PERSON
Any natural person, association, partnership or corporation capable of owning or using property in the City of Bloomington.
PROPERTY
A. 
Any real property, including that which is affixed, incidental or pertinent to land, including but not limited to any premises, room, house, building, structure, apartment, condominium or any separate part or portion thereof, whether permitted or not.
[Ord. No. 2009-34]
B. 
Any two or more buildings, premises or building complexes under common ownership that are contiguous, or whose property lines are within 250 feet of each other may be considered a single property.
[Ord. No. 2009-34]
[1]
Editor's Note: See now 720 ILCS 5/11-30.
A. 
In the event a court determines property to be a Chronic Nuisance Property or an Aggravated 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.
[Ord. No. 1998-102]
B. 
In addition to the remedy provided in Subsection A above, the court may impose upon the owner of the property a civil penalty in the amount of up to $100 per day, payable to the City of Bloomington, for each day the owner had actual knowledge that the property was a chronic nuisance property or an aggravated chronic nuisance property and permitted the property to remain a chronic nuisance property or an aggravated chronic nuisance property.
[Ord. No. 1998-102]
C. 
In determining what remedy or remedies shall be employed, the court may consider evidence of other conduct which has occurred on the property, including, but not limited to:
(1) 
The actions or lack of action taken by the owner 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 existence and frequency of violations of the Property Maintenance Code (Chapter 45 of the Bloomington City Code);
(6) 
The cost of the City investigating and correcting or attempting to correct the condition;
(7) 
The disturbance of neighbors;
(8) 
The recurrence of loud and obnoxious noises; and/or
(9) 
Repeated consumption of alcohol in public.
[Ord. No. 1999-126]
D. 
The court may authorize the City of Bloomington 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 or to take other steps necessary to abate a chronic public nuisance or an aggravated chronic nuisance.
[Ord. No. 1998-102]
E. 
In the event that the City is authorized to secure the property or otherwise abate a chronic public nuisance or an aggravated chronic nuisance, all costs reasonably incurred by the City to effect a closure or abate the nuisance shall be assessed against the owner. The City of Bloomington shall submit a statement of costs to the court for its review. If no objection of the statement is made within the period described by the court, or if the court, after objection is made, determines that the statement of costs is accurate, the court shall approve such costs.
[Ord. No. 1998-102]
F. 
Any person who is assessed the cost of abatement and/or civil penalty by the court shall be personally liable for the payment thereof to the City. If payment is not made, the City may pursue all available collection procedures, including but not limited to the filing of a lien on the property found to be a chronic public nuisance or an aggravated chronic nuisance, a civil collection action, or requesting a court to find the owner in contempt of court for nonpayment of such costs.
[Ord. No. 1998-102]
G. 
A tenant is entitled to his or her reasonable relocation costs from the owner, as those are determined by the court if, without actual notice, the tenant moved into the property, after the owner received notice as described herein of the Police Chief's determination as described above.
[Ord. No. 1998-102]
H. 
The City, in addition to any other remedies set forth herein, may, at its discretion, charge an owner of a chronic public nuisance or an aggravated chronic public nuisance with a violation of this chapter which shall be processed and prosecuted as an ordinance violation.
[Ord. No. 1998-102]
When the Chief of Police of the City of Bloomington 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 acts set forth in the definition of "chronic nuisance property" in § 30.5-102 of this chapter. Upon such findings, the Chief may:
A. 
Notify the owner in writing that the property is in danger of becoming a chronic nuisance property. 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 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.
(3) 
Demand that the owner respond to the Chief of Police within 10 days to discuss the nuisance activities.
[Ord. No. 1998-102]
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 owner 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 owner respond within 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 personally or by first class mail, postage prepaid, return receipt requested, 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 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 these persons are different than the owner, 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 10 days has elapsed from the service or mailing of the notice to the owner and the owner has not contacted the Chief of Police.
(2) 
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 chapter. The notification procedures set forth in this § 30.5-104 need not be followed in cases of aggravated chronic public nuisances.
(3) 
After the notification, but prior to the commencement of legal proceedings by the City pursuant to this chapter, an owner may stipulate with the Chief of Police that the owner will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation. In addition to the abatement of the conditions leading to a designation of the property as a chronic nuisance or an aggravated chronic nuisance, the owner may also be required to stipulate to the abatement of violations of the Property Maintenance Code (Chapter 45 of the Bloomington City Code). 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 shall request authorization for the Corporation Counsel to commence a legal proceeding to abate the nuisance.
[Ord. No. 2009-34]
(4) 
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 Corporation Counsel.
[Ord. No. 1999-126]
A. 
The Corporation Counsel of the City of Bloomington may commence an action to abate a chronic nuisance or an aggravated chronic nuisance as described in § 30.5-102.
[Ord. No. 1998-102]
B. 
In an action seeking abatement 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 or an aggravated chronic nuisance property.
[Ord. No. 1998-102]
C. 
It is a defense to an action seeking the closure of chronic nuisance property or an aggravated 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 chronic nuisance property or an aggravated chronic nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic nuisance property or an aggravated chronic nuisance property.
[Ord. No. 1998-102]
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 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 § 30.5-105 above need not be complied with, however, the City shall make a diligent effort to notify the person in charge prior to a court hearing.
[Ord. No. 1998-102]
B. 
In the event that the court finds the property constitutes a chronic nuisance property or an aggravated chronic nuisance property, and finds that the property is an immediate threat to the public safety and welfare, the court may order the remedies set forth in § 30.5-103 of this chapter. 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.
[Ord. No. 1998-102]
[Ord. No. 1998-102]
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.