[HISTORY: Adopted by the City Council of the City of Columbia
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 8.24 of the 1997 Code]
[Amended 1997 by Ord. No. 1604; 9-17-2001 by Ord. No. 1984; 3-5-2007 by Ord. No.
2534; 9-25-2009]
It is declared to be a nuisance and to be against the health,
peace and comfort of the City for any person, firm or corporation
within the limits of the City to permit the following; but the enumeration
of the following nuisances shall not be deemed to be exclusive:
A.
Filth. To cause or suffer the carcass of any animal or any offal,
filth or noisome substance to be collected, deposited or to remain
in any place, to the prejudice of others.
B.
Deposit of offensive materials. To throw or deposit any offal or
other offensive matter, or the carcass of any dead animal in any watercourse,
lake, pond, spring, well or common sewer, street or public highway.
C.
Corruption of water. To corrupt or render unwholesome or impure the
water of any spring, river, stream, pond or lake to the injury or
prejudice of others.
D.
Highway encroachment. To obstruct or encroach upon public highways,
private ways, streets, alleys, commons, landing places, and ways to
burying places.
E.
Manufacturing gunpowder. To carry on the business of manufacturing
gunpowder, nitroglycerine, or other highly explosive substances, or
mixing or grinding the materials therefor in any building within 500
feet of any valuable building erected at the time such business may
be commenced.
F.
Powder magazines. To establish powder magazines near incorporated
towns at a point different from that appointed according to law by
the corporate authorities of the town, or within 1,000 feet of any
occupied dwelling house.
G.
Noxious odors. To erect, continue or use any building or other place
for the exercise of any trade, employment or manufacture, which, by
occasioning noxious exhalations, offensive smells or otherwise, is
offensive or dangerous to the health of individuals or of the public.
H.
Unlawful advertising. To advertise wares or occupations by painting
notices of the same on, or affixing them to fences or other private
property, or on rocks or other natural objects without the consent
of the owner, or if in the highway, or other public place, without
permission of the proper authorities.
I.
Wells unplugged. To permit any well drilled for oil, gas, salt water
disposal or any other purpose in connection with the production of
oil and gas to remain unplugged after such well is no longer used
for the purpose for which it was drilled.
J.
Burn-out pits. To construct or operate any salt water pit or oil
field refuse pit, commonly called a "burn-out pit," so that salt water,
brine or oil field refuse or other waste liquids may escape therefrom
in any manner except by the evaporation of such salt water or brine
or by the burning of such oil field waste or refuse.
K.
Discarded materials. To permit concrete bases, discarded machinery
and materials to remain around any oil or gas well, or to fail to
fill any holes, cellars, slush pits and other excavations made in
connection with any such well or to restore the surface of the lands
surrounding any such well to its condition before the drilling of
any such well, upon abandonment of any such oil or gas well.
L.
Underground wells. To permit any salt water, oil, gas or other wastes
from any well drilled for oil, gas or exploratory purposes to escape
to the surface, or into a mine or coal seam, or into any underground
fresh water supply or from one underground stratum to another.
M.
Harassment. To harass, intimidate or threaten any person who is about
to sell or lease or has sold or leased a residence or other real property,
or is about to buy or lease or has bought or leased a residence or
other real property, when the harassment, intimidation or threat relates
to a person's attempt to sell, buy or lease a residence, or other
real property, or refers to a person's sale, purchase or lease of
a residence or other real property.
N.
Business. To establish, maintain and carry on any offensive or unwholesome
business within the City limits or within one mile of the limits.
O.
Filthy premises conditions. To keep or suffer to be kept in a foul,
offensive, nauseous or filthy condition any chicken coop, cow barn,
stable, cellar, vault, drain, privy, sewer or sink upon any premises
belonging to or occupied by him, or any railroad car, building, yard,
grounds and premises belonging to or occupied by him.
P.
Expectorate. To expectorate on any public sidewalk, street, or other
public building or floor or walk of any public vehicle or hall.
Q.
Animals prohibited. To own or possess any swine, goats, horses, or
fowl or cattle within the City, unless permitted in a zoned district.
R.
Litter on City streets. To deposit or allow trash, paper, cardboard,
wire, dirt, rock, stone, glass, brick, lumber, wood or litter of material
objects of any size or description to fall upon City streets from
any moving vehicle, or to be thrown from a moving vehicle, or to throw
from a moving vehicle and to remain thereon.
S.
Slaughtering, slaughterhouses, etc. To slaughter or kill any animals
within the City, or to locate or maintain at any place within the
City, or within a radius of one mile without the City, any slaughterhouse,
packing house, rendering establishment or bone factory, or to suffer
or permit any premises at any place within the limits aforesaid used
for any of the purposes aforesaid to become foul or offensive.
T.
Accumulations of junk, trash. To deposit or pile up any rags, old
rope, paper, iron, brass, copper, tin, aluminum, ashes, garbage, refuse,
plastic, brush, litter, weeds, slush, lead, glass bottles or broken
glass upon any lot, piece or parcel of land or upon any public or
private alley, street or public way within the City.
U.
Rodents. To cause or permit any condition or situation to exist that
shall attract, harbor or encourage the infestation of rodents.
V.
Bringing nuisances into the City. To bring into the City, or keep
therein for sale or otherwise, either for food or for any other purpose,
any dead or live animal or any matter, substance, or thing which shall
be a nuisance or which shall occasion a nuisance in the City, or which
may or shall be dangerous or detrimental to health.
W.
Offensive liquids. To keep any nauseous, foul or putrid liquid or
substance or any liquid or substance likely to become nauseous, foul,
offensive or putrid, nor permit any such liquid to be discharged,
placed, thrown or to flow from or out of any premises into or upon
any adjacent premises or any public street or alley, nor permit the
same to be done by any person connected with the premises.
X.
General. To commit any offense which is a nuisance according to the
common law of the land or made such by statute of the state.
Y.
On-premises parking.
(1)
Except on and adjoining the City streets and public ways exempt from the application of this article, which are described in the following Subsection Y(2), it shall be a parking violation to park any vehicle, boat or trailer on the unpaved portion or part of any front yard of any developed or improved lot or parcel of real estate located within the corporate limits of the City or upon undeveloped and unimproved subdivision lots or real estate parcels located within the City limits of the City or upon any public sidewalk or portion thereof or upon any portion of the area between any public sidewalk and the curb of any street, commonly known as a "parkway."
(2)
This Subsection Y pertaining to on-premises parking shall not apply to the parking of vehicles on the portion of front yards located nearest to the front lot line and adjoining streets in the City which do not have curbing, on which lots it shall not be an offense to park vehicles on front yards at the location aforesaid.
Z.
Dogs or cats running at large. It is unlawful for any person owning
or having control of any dog or cat to knowingly or negligently permit
or allow a dog or cat to go upon any premises other than the premises
of the owner or the person in control of such animal. Such conduct
on the part of the owner or person in control of any dog or cat is
declared a nuisance. A "dog" means all members of the classification
Canis familiaris. "Cat" means all members of the classification Felis
catus. Feral or wild dogs or cats roaming at large in the City are
declared a nuisance. Any person feeding or housing feral dogs or cats
shall be deemed guilty of a nuisance violation in the City. Any dog
or cat shall be deemed to be at large when it is off of the property
of its owner, possessor or keeper and not under the control of a competent
person under a leash, cord, chain or otherwise. A dog or cat is deemed
under restraint within the property limits of its owner, possessor
or keeper. Every dog or cat running at large within the City shall
be subject to impoundment by the County Animal Control Officer of
the county where the animal is found running at large.
AA.
Exterior real estate lighting. Exterior lighting on real estate in
the City will be constructed and installed in such a manner that the
beam of light from each light source shall be directed away from neighboring
properties and confined to the area of the subject property on which
the exterior light source is located. It is declared to be a nuisance
to install one or more exterior light sources on real estate in the
City in such a manner that the beam of light from the light source
is directed onto neighboring properties.
No building, vehicle, structure, receptacle, yard, lot, premises,
or part thereof, shall be made, used, kept, maintained or operated
in the City, if such use, keeping, maintaining of same shall be dangerous
or detrimental to health.
No substance, matter or thing of any kind whatever which shall
be dangerous or detrimental to health shall be allowed to exist in
connection with any business or be used therein, or be used in any
work or labor performed in the City, and no nuisance shall be permitted
to exist in connection with any business or in connection with any
such work or labor.
[Added 4-16-2007 by Ord.
No. 2543; amended 4-20-2015 by Ord. No. 3180; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any person to transmit a false alarm
to the City Fire Protection District, the City Police Department or
the City Emergency Medical Service in violation of this section.
A.
ALARM
ALARM COMPANY
ALARM USER
FALSE ALARM
(1)
(2)
(3)
(4)
(5)
RESPONSE
As used in this section, the following definitions shall apply:
Any mechanical or electric device or assembly of equipment,
designed or arranged to signal the occurrence of an illegal entry,
a fire, an emergency medical assistance need or other activity requiring
urgent attention and to which the Police Department, the Fire Protection
District and/or an Emergency Medical Service is expected to respond.
Any firm, person, partnership, corporation or other legal
entity required to be licensed by the state which, with respect to
any alarm installed upon any premises within the City, has servicing,
maintenance or monitoring duties or responsibilities under the terms
of any agreement or arrangement with an alarm user.
Any person, firm, partnership, corporation, or other legal
entity of any kind in control of any building, premises, structure
or facility upon which an alarm is maintained.
An alarm signal to which a Police Department, a Fire Protection
District and/or Emergency Medical Service responds with emergency
service personnel and/or equipment when a situation requiring such
response does not in fact exist, and which signal is caused by the
inadvertence, negligence or an intentional act or omission of an alarm
company or alarm user, or a malfunction of the alarm. The following
shall not be considered false alarms:
Alarms caused by the installation, repair, maintenance, or testing
of an alarm if the public safety agency is notified in advance of
the activity in connection with the alarm system.
Alarms caused by an act of God, including earthquakes, floods,
wind storms, thunder or lightning (but excluding dust, dirt, insects
or rodents or similar causes that are the result of faulty inspection
and maintenance).
Alarms caused by an attempted illegal entry of which there is
visible evidence.
Alarms caused by the installation, repair, maintenance or testing
of electrical utility equipment or lines if the public safety agency
was notified in advance of the activity in connection with the alarm
system.
False alarms if the public safety agency is notified that the
alarm is unfounded before a public safety agency responds to the alarm.
The activation of the personnel and equipment of the emergency
service agency to initiate movement in the direction of the alarm
for purposes of servicing the alarm.
B.
False alarm penalty.
(1)
Any alarm user who has more than two false alarms within a twelve-month
period at a single protected location will be assessed fines according
to the following schedule:
(2)
All fines must be paid to the City Clerk's office within 30
days from the date notice demanding payment of the fine(s) is mailed
or personally delivered by the City Clerk or the City Police Department
shall file a non-traffic complaint against the alarm user for ordinance
violation(s) in the Circuit Court.
(3)
The chief or director of the emergency service agency, or their
designee, shall notify the alarm user, in writing, of each instance
wherein his department has recorded a false alarm. The alarm user
shall have the opportunity within 14 days from the date of mailing
or personal delivery of the notice to submit a response or meet with
the chief or director, or their designee, for the purposes of showing
cause as to whether circumstances exist to warrant voiding the false
alarm recordation. The chief, director or their designee shall review
the alarm user's response and/or meet with the alarm user and issue
a written finding to the alarm user as to whether or not the false
alarm record will stand or be voided. The finding of the chief or
director or their designee shall be final.
(4)
In any prosecution for charging a violation of this section,
proof that a false alarm occurred at the particular building, premises,
structure or facility described in the complaint and that the party
charged is the alarm user shall constitute prima facia proof of a
violation.
[Amended 4-16-2007 by Ord. No. 2544; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
It shall be unlawful for any person or other entity to permit or
maintain the existence of any nuisance on any property located in
the City that is under that person's or entity's control.
B.
The City, by and through its Police Department and/or its Building
Official, is hereby authorized to abate any such nuisance existing
in the City, with or without prior notice to the person or entity
causing or maintaining the nuisance.
C.
If deemed appropriate by the City's Police Chief or his designee,
or the City's Building Official, the City may, but shall not be required
to, serve a written notice upon the owner, occupant, agent or person
in possession or control of any lot, building or premises upon which
any nuisance may be found in the City, or who may be the owner or
cause of any such nuisance, requiring them to abate the same within
a specified period of time in such a manner as the designated authority
shall prescribe. It shall not be necessary in any case for the designated
authority to specify in the notice the manner in which any nuisance
shall be abated, unless he shall deem it advisable to do so.
[Amended 4-16-2007 by Ord. No. 2544]
Any person or other entity who or which creates, maintains or
allows the creation and/or maintenance of a nuisance in the City shall
be guilty of a misdemeanor offense.
[Amended 4-16-2007 by Ord. No. 2544]
A.
It shall be the duty of the City Police Department and or the City's
Building Official to cause a nuisance in the City to be abated, with
or without prior notice to the person or entity causing or maintaining
the nuisance. The expense of such abatement shall be paid by the person
or entity who or which shall have created or suffered such nuisance
to exist or to be maintained, in addition to any penalty or fine.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
With regard to vehicles, boats or trailers parked in violation of § 249-1.1Y, the City police may have the same removed from the premises where the parking violation is occurring and may store same at the City's impoundment facility or the City public safety complex, charge a reasonable fee for the storage, and all costs of the removal and storage shall be paid by the owner of the vehicle, boat or trailer involved or such other person as shall have created or suffered such violation to exist if the same be other than the owner.
[Amended 4-16-2007 by Ord. No. 2544]
A.
If any person or entity creates or maintains a nuisance in the City
and is found guilty of violating any section of this article, that
person or entity shall be punished by assessment of a fine of not
less than $75 and not more than $750 for each offense; and a separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Adopted 11-20-2006 by Ord. No. 2518 (Ch. 8.26 of the 1997 Code)]
A.
Any certain property within the City which becomes a chronic nuisance
property is in violation of this article and subject to its remedies.
B.
Any person in charge who permits property under his or her ownership
or control to become and be a public nuisance property shall be in
violation of this article and shall be subject to its remedies.
As used in this article, the following terms shall have the
meanings indicated:
The Chief of Police of the City of Columbia, Illinois or
any officer designated by the Columbia Police Chief.
Property on which two or more of the activities or behaviors
listed below have occurred during any 365-day period, as a result
of the concurrence of any two, separate factual events constituting
violations that have been independently investigated and determined
to have occurred by any law enforcement agency:
The commission of any of the following Illinois Criminal Code
violations as specified in 720 ILCS 5/37-1, to wit: murder as defined
in 720 ILCS 5/9-1; kidnapping or aggravated kidnapping as defined
in 720 ILCS 5/10-1 and 720 ILCS 5/10-2, respectively; prostitution
or solicitation of prostitution as defined in 720 ILCS 5/11-14, or
Subdivision (a)(1), (a)(2)(A), or (a)(2)(B) of 720 ILCS 5/11-14.3
and 720 ILCS 5/11-15, respectively; pandering as defined in 720 ILCS
5/11-16; keeping a place of prostitution as defined in 720 ILCS 5/11-17;
obscenity and child pornography as defined in 720 ILCS 5/11-20 and
720 ILCS 5/11-20.1, respectively; distribution of harmful material
to a child or distribution of obscene publications as defined in 720
ILCS 5/11-21 and 720 ILCS 5/11-22, respectively; criminal housing
management as defined in 720 ILCS 5/12-5.1; theft as defined in 720
ILCS 5/16-1; possession of explosives or explosive or incendiary device
as defined in 720 ILCS 5/20-2; selling, manufacturing, purchasing
or carrying a machine gun as defined in 720 ILCS 5/24-1, A-7; unlawful
sale of firearms as defined in 720 ILCS 5/24-3; gambling or keeping
a gambling place as defined in 720 ILCS 5/28-1 and 720 ILCS 5/28-3,
respectively; concealing or aiding a fugitive as defined in 720 ILCS
5/31-5; child pornography as defined in 720 ILCS 5/11-20.1, or prohibited
by the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.),
the Methamphetamine Control and Community Protection Act (720 ILCS
646/10 et seq.), or the Cannabis Control Act (720 ILCS 550/1 et seq.),
or used in the commission of an inchoate offense relative to any of
the aforesaid principal offenses, or any real property erected, established,
maintained, owned, leased, or used by a street gang for the purpose
of conducting street gang related activity as defined in Section 10
of the Illinois Street Gang Terrorism Omnibus Prevention Act (740
ILCS 147/1 et seq.).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Unlawful use of a weapon as defined in 720 ILCS 5/24-1 et seq.
Mob action as defined in 720 ILCS 5/25-1.
ILCS 5/24-1.2 andarm as defined in 720 ILCS 5/24-1.2 and -1.5.
Selling, serving, storing, delivering, manufacturing, cultivating,
giving away, or using controlled substances as controlled substances
are defined in 720 ILCS 550/1 et seq.
Sexual abuse or related offenses as defined in 720 ILCS 5/12-15
et seq.
Public indecency as defined in 720 ILCS 5/11-9.
Selling, serving, storing, delivering, manufacturing, cultivating,
giving away or using cannabis as prohibited by 740 ILCS 40/2 and as
cannabis is defined in 720 ILCS 570/201 et seq.
Illegal consumption or possession of alcohol as defined in 235
ILCS 5/1 et seq.
Battery as defined in 720 ILCS 5/12-3.
Domestic battery as defined in 720 ILCS 5/12-3.2.
The ability to regulate, restrain, dominate, counteract or
govern conduct that occurs on the subject property.
Any person, firm, corporation, trust, other legal entity,
or agent thereof, having a 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 expressly assent or agree to the commission of an act that is a
nuisance violation under this article.
Any natural person, association, partnership, corporation,
trust or other legal entity capable of owning or using property in
the City.
Any person in actual or constructive possession of a property,
including, but not limited to, an owner, agent of owner, property
manager, or occupant of property in possession and control of the
property.
Any real estate, including land and land improvements and
appurtenances, including, but not limited to, any premises, rooming
house, building or structure, or part or portion thereof.
A.
In the event a court of competent jurisdiction determines property
to be a chronic nuisance property as defined in this article, 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 nor more than
365 days, or the court may employ any other remedy deemed by the court
to be appropriate to abate the nuisance.
B.
In addition to the remedy provided in Subsection A of this section, the court may impose upon the owner of the property a civil penalty in the amount of up to $150 per day, payable to the City for each day the owner had actual knowledge that the property was a chronic nuisance property and permitted the property to remain a chronic nuisance property.
C.
In determining what remedy or remedies the court shall employ, the
court may consider evidence of other conduct which has occurred on
the property, including, but not limited to:
The corporate legal counsel of the City may commence an action
to abate a public nuisance as defined in this article. 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 real or personal property
used in connection with the public nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
When the Chief of Police or Deputy Police Chief of the City receives one or more police reports documenting the occurrence of nuisance activity, as nuisance activity is defined in § 249-2.2 above, on or within a property in the City, the Police Chief or Deputy Police Chief shall independently review each report to determine whether the report describes acts prohibited by this article. Upon a finding by the Police Chief or Deputy Police Chief that one or more police reports do describe such acts, they may:
(1)
Notify the person in charge of the property in writing that
the property is in danger of becoming a chronic public nuisance. 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 Police Chief or Deputy Police Chief has
information that the property may be or is in danger of becoming a
chronic nuisance property, with a concise description of the nuisance
activities that may exist, or that have occurred. The Police Chief
or Deputy Police Chief shall offer the person in charge an opportunity
to propose or agree upon a course of action that the Police Chief
or Deputy Police Chief agrees will abate the nuisance activities giving
rise to the violations.
(c)
Demand that the person in charge respond to the Police Chief
or Deputy Police Chief within 10 days to discuss the nuisance activity.
B.
After complying with the notification procedures described in Subsection A of this section, when the Chief of Police or Deputy Chief of Police receives a police report documenting the occurrence of a second nuisance activity violation at or within a property and determines that the property has become a chronic nuisance property, the Police Chief or Deputy Police Chief shall:
(1)
Notify the person in charge of the property 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 to identify
the property.
(b)
A statement that the Police Chief or Deputy Police Chief has
determined the property to be a chronic nuisance property, with a
concise description of the nuisance activity violation leading to
his or her findings.
(c)
Demand that the person in charge respond within 10 days to said
Police Chief or Deputy Police Chief to propose or agree upon a course
of action that said Police Chief or Deputy Police Chief agrees will
abate the nuisance activity giving rise to the violation.
(d)
Service of the notice shall be made either personally or by
first class mail, postage prepaid, return receipt requested, addressed
to the person in charge of the property at the address of the property
believed to be a chronic nuisance property, or such other place as
is likely to give the person in charge notice of the determination
of said Police Chief or Deputy Police Chief.
(e)
A copy of the notice shall be served on the property owner at
such address as is shown to be the owner's address 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 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
10 days have elapsed from the service or mailing of the notice to
the person in charge if the person in charge has not contacted said
Police Chief or Deputy Police Chief.
(g)
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.
(2)
After the notification, but prior to the commencement of legal
proceedings by the City pursuant to this article, if a person in charge
and/or the property owner stipulates with the Police Chief or Deputy
Police Chief that he, she or they will pursue a course of action the
parties agree will abate the nuisance activities giving rise to the
violation [which may include eviction of a tenant who is causing or
contribution to the causing of a chronic nuisance as defined in this
article, under and pursuant to the Illinois Forcible Entry and Detainer
Act, 765 ILCS 705/5(a)], said Police Chief or Deputy Police Chief
may agree to postpone legal action for a period of not less than 10
days nor more than 60 days. If the agreed course of action does not
result in the abatement of the nuisance activity (or if the nuisance
activity cannot reasonably be expected to be abated within the period
of time aforesaid (as in cases involving the eviction of a tenant
under the Illinois Forcible Entry and Detainer Act as aforesaid),
then the initiation of the activity required to abate the nuisance
is initiated within that time period; or if no agreement concerning
abatement of the nuisance is reached within 30 days, said Police Chief
or Deputy Police Chief, as the case may be, shall request authorization
from the City Council for the corporate legal counsel of the City
to commence legal action to abate the nuisance.
(3)
Concurrent with the notification procedure set forth herein,
the Police Chief or Deputy Police Chief shall send copies of the notice,
as well as other documentation which supports legal proceedings, to
the City's corporate legal counsel.
C.
When a person in charge of property makes a response to the Police
Chief or Deputy Police Chief as required above, any conduct or statement
made by them in connection with the furnishing of that response shall
not constitute an admission that any nuisance activities have occurred
or are occurring. This subsection does not require the exclusion of
any evidence which would be otherwise admissible or offered for any
other purpose (including knowledge and notice on the part of said
person in charge that nuisance activity has occurred or is occurring
as determined by the City's Police Department).
A.
In an action seeking closure of chronic nuisance property, the City
shall have the initial burden of showing by a preponderance of the
evidence that the property is a chronic nuisance property as defined
in this article.
B.
It shall be 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 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.
C.
In determining the amount of any civil penalty requested, the court
may consider any of the following factors and may recite the applicable
court findings in the court's order assessing the civil penalty:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The actions or lack of action taken by the person in charge
to mitigate or correct the problem at the nuisance 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 the Mayor and/or the City Administrator and/or the City Council determines that the property is an immediate threat to the public safety and welfare, the City may apply to a court of competent jurisdiction for interim relief, as is deemed by said Mayor, City Administrator or City Council to be appropriate. In such an event, the notification provision set forth in § 249-2.5 of this article 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 that the subject property constitutes "chronic nuisance property" as defined in this article, the court may order the abatement of the nuisance and/or the assessment of a fine as provided in § 249-2.3 of this article. In the event that the court finds the person in charge had knowledge of the activities or conditions of property constituting a violation of this article and permitted the activities to occur, the court shall assess a civil fine as provided in § 249-2.3 of this article.
C.
The court may authorize the City to physically secure the property
against use or occupancy in the event the owner or person in charge
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
against the property owner and shall be a lien against the property.
As used herein, "costs" means those costs actually incurred by the
City for the physical securing of the property.
D.
The City's Department of Public Works effecting the closure shall
prepare a statement of costs and the City shall thereafter submit
said statement to the court and the owner for their review. If no
objection to the statement is made within the period required by the
court, a judgment for said sum shall be entered against the owner
and a lien in that sum may be recorded against said property. Said
lien shall be enforced as in the cases of enforcements of Illinois
mechanics liens and/or Illinois mortgage foreclosures.
E.
Any person who is assessed the cost of closure and/or civil penalties
by the court shall be personally liable for the payment thereof to
the City.
If any provision of this article as applied to any person or
circumstance is held to be invalid by a court of competent jurisdiction
for any reason, the remainder of this article in the application of
its provisions will remain and be in full force and effect, as changed
and amended by said determination of invalidity.
All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith, including Article I, Nuisances in General, §§ 249-1.4, 249-1.5, 249-1.6 and 249-1.7 of this chapter, thereof shall remain and be in full force and effect but shall not apply to and shall be preempted by this article with regard to defining and prohibiting chronic nuisance property in the City.
[Added 10-19-2015 by Ord.
No. 3209]
A.
Notwithstanding any other provisions within this article, and consistent
with the terms and conditions of 65 ILCS 5/1-2-1.5, no property shall
be considered a chronic nuisance if the law enforcement investigations
and determinations arise from calls for assistance from any victim
of domestic abuse, any victim of domestic violence or when contact
was made by, on behalf of, or otherwise concerning a person with a
disability and the purpose of the contact was related to that person's
disability.
B.
However, nothing herein shall prevent the enforcement of this code
against a landlord or tenant of the property who may be a victim of
domestic abuse, domestic violence, or be disabled when said person's
victimhood or disability is unrelated to the law enforcement activity
causing the property to be a chronic nuisance.
