[Ord. 2011-14, 6-6-2011; Ord. 2020-05, 3-3-2020, § 6]
The following words, terms and phrases, when used in this chapter,
shall have the meaning(s) ascribed to them in this section, except
where the context clearly indicates a different meaning:
The Chief of Police of the Village of Elmwood Park or his/her
designee.
Any property located within the Village upon which three
or more nuisance activities within a twelve-month period have occurred
as a result of separate factual events that have either: a) been independently
investigated and verified by any law enforcement agency and/or the
Village's code administration department, or b) for which citations
or criminal complaints for offenses defined as a nuisance activity
occurring within a twelve-month period have been adjudicated with
findings of liable or findings of guilty having been entered either
by a Village of Elmwood Park administrative hearing officer or by
a court of competent jurisdiction.
The ability or legal duty to regulate, restrain, dominate,
counteract, or govern conduct that occurs on that property either
directly or by intervention of any governmental authority or by virtue
of parent/child relationship or guardian/ward relationship. For all
purposes of this chapter, a parent or guardian shall be conclusively
deemed to have control over his or her respective child or ward, as
the case may be.
Any of the following building code violations, property maintenance
code violations, ordinance violations, or criminal activities, behavior
or conduct, as defined by state law or similar provisions of this
Code:
Disorderly conduct, as defined in 720 Illinois Compiled Statutes
5/26-1;
Unlawful use of weapons, as defined in 720 Illinois Compiled
Statutes 5/24-1 et seq.;
Mob action, as defined in 720 Illinois Compiled Statutes 5/25-1;
Discharge of a firearm, as defined in 720 Illinois Compiled
Statutes 5/24-1.2 and 1.5;
Gambling, as defined by 720 Illinois Compiled Statutes 5/28-1;
Possession, manufacture, or delivery of controlled substances,
as defined by 720 Illinois Compiled Statutes 570/401 et seq.;
Public indecency, as defined by 720 Illinois Compiled Statutes
5/11-30;
Assault, as defined in 720 Illinois Compiled Statutes 5/12-1;
Aggravated assault, as defined in 720 Illinois Compiled Statutes
5/12-2;
Battery, as defined in 720 Illinois Compiled Statutes 5/12-3;
Aggravated battery, as defined in 720 Illinois Compiled Statutes
5/12-4;
Reckless conduct, as defined in 720 Illinois Compiled Statutes
5/12-5;
Hate crime, as defined in 720 Illinois Compiled Statutes 5/12-7.1;
Sexual abuse or related offense, as defined in 720 Illinois
Compiled Statutes 5/12-15 et seq.;
Prostitution, as defined in 720 Illinois Compiled Statutes 5/11-14
et seq.;
Criminal damage to property, as defined in 720 Illinois Compiled
Statutes 5/21-1 et seq.;
Unlawful possession, cultivation, manufacture, or delivery of
cannabis, as defined in 720 Illinois Compiled Statutes 550/1 et seq.
and 705 Illinois Compiled Statutes 410/1 et seq.;
Illegal consumption or possession of alcohol by a person under
the age of 21 years, as defined in 235 Illinois Compiled Statutes
5/1 et seq.;
Criminal housing management, as defined in 720 Illinois Compiled
Statutes 5/12-5.1;
Nuisance, as defined in 720 Illinois Compiled Statutes 5/37-1;
Two or more separate violations of the Village's property
maintenance code which continue after a disposition by 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.
Any person, partnership, land trust, or corporation having
any legal or equitable interest in the property. In addition, 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, whether occupied or leased for residential purposes,
owned, leased or used for commercial purposes, whether under written
or oral agreement.
All written and oral agreements of whatever duration which
embody the terms and conditions of the use and occupancy of a residential
dwelling unit or commercial property.
Mandatory and not merely directory or permissive.
The Village of Elmwood Park, Cook County, Illinois.
The municipal code of ordinances of the Village of Elmwood
Park, from time to time in effect, including all codes adopted by
specific reference.
[Ord. 2011-14, 6-6-2011]
(a)
Chronic nuisance property is hereby declared to be a public nuisance.
(b)
It shall be unlawful for any person to allow or permit property within
the Village to become or remain a chronic nuisance property in violation
of this chapter.
(c)
It shall be unlawful for any property owner(s), manager(s) or person(s)
in charge, or tenant in possession to:
(d)
Each day that a violation of this section continues shall be considered
a separate and distinct offense.
[Ord. 2011-14, 6-6-2011]
Whenever the Chief of Police of the Village receives any combination of two or more police reports documenting the occurrence of nuisance activity, as set forth in Section 41D-1, definition of "nuisance activities," Subsections (a) through (t) of this chapter or code administration department reports documenting the occurrence of nuisance activity, as provided in Section 41D-1, definition of "nuisance activities," Subsection (u) of this chapter within a twelve-month period, on or within a property, the Chief of Police, or his/her designee, shall independently review such reports and any other relevant facts or evidence to determine whether nuisance activity or other prohibited conduct, as provided in Section 41D-1, definition of "nuisance activities," of this chapter, has occurred at or on the property in question. Upon a determination by the Chief of Police, or his/her designee, that the complained of activity(ies) has occurred, the Chief of Police shall initiate those procedures for addressing chronic nuisance property, as detailed in Section 41D-4 of this chapter.
[Ord. 2011-14, 6-6-2011]
(a)
Following the independent review, as set forth in Section 41D-3 of this chapter, if the Chief of Police or his/her designee concludes that nuisance activities have occurred, the Chief of Police shall require that the owner(s), manager(s) or other persons in charge of the property, tenant(s) in possession thereof or their designee meet with the Chief of Police, at a specified date, time and place, to discuss the nuisance activity and to further discuss proposed action the owner, manager(s), person(s) in charge, and, in the event of leased property, such tenant intends to take to mitigate or abate the activity prior to a third verified incident of nuisance activity, in accordance with the following procedure:
(1)
The Chief of Police shall notify the owner(s), manager(s), person(s) in charge, or, in the event the property is leased property, the tenant, in writing that the property in question is in danger of becoming a chronic nuisance property. Such notice shall be provided by either personal delivery, first class mail postage prepaid or by certified mail, return receipt requested. If service is by regular or certified mail, service shall be deemed complete three days after mailing. In the event the property is rental residential property, notice shall be served upon the property owner or manager at the address provided in the license application provided by Section 41B-5 of this Code. The notice shall contain the following information:
(A)
The street address or a legal description sufficient for identification
of the potential nuisance property.
(B)
A statement that the Chief of Police has information that the
property may be a "chronic nuisance property" or a potential "chronic
nuisance property" as defined by this chapter, with a concise description
of the criminal activity(ies) or nuisance activity(ies) that may exist,
or that has occurred and why the Chief of Police believes the property
may be determined to be a chronic nuisance property or a potential
chronic nuisance property.
(C)
A demand that the owner, manager(s) or person(s) in charge or,
in the event the property is a leased property, the tenant(s) or other
designee respond and meet with the Chief of Police at a specified
date, time and location within 20 days of issuance of the notice.
(2)
At the meeting between the Chief of Police or his/her designee
and the parties notified, the Chief of Police may request that the
owner, manager(s), person(s) in charge or his or her or its tenant(s),
in the case of rental property, 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 in writing and 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. The Chief of
Police shall, within 10 days after the conclusion of the meeting,
make written findings of fact and conclusions, with respect to the
complaints received and reviewed, and the proposed remedial action
to be taken by the owner(s), manager(s), or other person(s) in charge
or in possession of the property, as recommended by the Chief of Police.
Such report shall note whether such remedial action was consented
to by the parties attending such meeting.
If the criminal activity or nuisance activity complained of
has or is being committed, facilitated or permitted 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.
(b)
If, after complying with the procedures of Subsection (a)(2) of this section and within 12 months from the date of the first confirmed case of criminal activity or nuisance activity after the meeting, the Chief of Police receives a report documenting the occurrence of a third or subsequent instance of criminal activity or nuisance activity upon the property, the property may be declared a chronic nuisance property.
(c)
It shall be a violation of this chapter for:
(1)
The owner, manager(s), person(s) in charge of the property in
question to fail to implement, within 60 days of the meeting with
the Chief of Police or such other reasonable amount of time under
the circumstances, a reasonable mitigation or abatement plan, as requested
by the Chief of Police, or
(2)
Any person or persons so notified, pursuant to this section,
to fail to respond and meet with the Chief of Police within the twenty-day
period without good cause shown.
(d)
When any party affected by this chapter responds to and meets with
the Chief of Police, as required by this section, no statements made
by that person in the meeting with the Chief of Police shall constitute
an admission or be used in any judicial or quasi-judicial proceeding
as an admission that any nuisance activity has or is occurring at
or on the property. This subsection shall not require the exclusion
of any other evidence, otherwise admissible and offered for a purpose
other than an admission against interest by that person making the
statement.
[Ord. 2011-14, 6-6-2011]
(a)
The Village may commence an action before the Village's administrative hearing officer for a determination that the property is a chronic nuisance property pursuant to Section 41D-2 of this chapter. At any hearing before the Village administrative hearing officer to determine whether the property in question is a chronic nuisance property, which hearing shall be conducted pursuant to the provisions and procedures of Chapter 2A of this Code, the Village shall have the initial burden of proof to show, by a preponderance of the 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 a chronic nuisance property.
The Village's representative shall present evidence in
support of its claim that the property is a chronic nuisance property.
The property owner(s), manager(s) or tenant(s) in possession, if a
leased property, or person(s) in charge or that person's representative
or attorney on behalf of the responding party shall be permitted to
rebut such evidence.
No continuances shall be authorized by the administrative hearing
officer in proceedings under this chapter 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.
The administrative hearing officer may, at the request of either
party, 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 or is otherwise admissible under the administrative
hearing code of the Village.
At the conclusion of the hearing, the administrative hearing officer shall make a determination on the basis of the evidence presented at the hearing, whether or not a violation(s) exists or existed and whether or not the property is a chronic nuisance property. The determination shall be in writing and shall be designated as the findings, decision, and order. The administrative hearing officer's decision shall be final and binding, except that the provisions of the Illinois administrative review law shall apply with respect to judicial review of the administrative hearing officer's findings, decision and order. The findings, decision, and order shall include the administrative hearing officer's findings of fact, a decision whether or not a violation(s) exists, a determination as to whether the property in question is or is not a chronic nuisance property based upon the findings of fact, and any monetary fine or other appropriate sanction imposed against the person(s) in charge/manager(s)/owner(s)/tenant(s) or occupant(s), as specified in Subsection (b) of this section, or dismissing the case in the event a violation is not proved. A copy of the findings, decision, and order shall be served upon the person in charge, owner, or tenant or occupant, within 14 business days of the date of the hearing.
(b)
If the administrative hearing officer makes a finding that a property
was, or is, a chronic nuisance property, the administrative hearing
officer may fine the party(ies) responsible for the violation, in
an amount not to exceed $750 for each violation of this chapter. Each
day a nuisance activity occurs or continues shall be considered a
separate and distinct violation for purposes of determining a property
to be a chronic nuisance property. The administrative hearing officer
may, in his or her discretion, impose such a fine for each day the
nuisance activity goes unabated. No person shall be found in violation
of this section unless the Village proves the violation by a preponderance
of the evidence.
[Ord. 2011-14, 6-6-2011]
(a)
Nuisance Abatement. The Village, as an alternative to administrative
adjudication, may commence an action in the circuit court of Cook
County fourth municipal district or chancery division of the circuit
court of Cook County for a determination that the property is a chronic
nuisance property and/or to abate the chronic nuisance.
Upon being satisfied by affidavits or other sworn evidence that
an alleged chronic nuisance property exists, the court may, without
notice or bond, enter a temporary restraining order or a preliminary
injunction or permanent injunction to enjoin any defendant from maintaining
such chronic nuisance property and may enter an order restraining
any defendant named from occupying, using or interfering with all
property used in connection with the chronic nuisance property.
(b)
Commencement of Action, Burden of Proof.
(1)
In an action seeking closure of a chronic nuisance property,
the Village shall have the initial burden of showing by a preponderance
of the evidence that the property is a chronic nuisance property.
(2)
It shall be an affirmative defense by the property owner of
rental or leased property to an action seeking the closure of a chronic
nuisance property that the owner of the property, manager(s) or person(s)
in charge, 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 of tenants or
others in possession leading to the findings that the property is
a chronic nuisance property, or could not, in spite of the exercise
of reasonable care and diligence, obtain an order for possession of
the property, pursuant to the provisions of the Forcible Entry and
Detainer Act.[1]
[1]
Editor's Note: See 735 ILCS 5/9-101 et seq.
(3)
In establishing the amount of any civil penalty or other relief
requested, the court may consider any of the following factors, if
they are found appropriate, and shall cite those found applicable:
(A)
The actions or lack of action taken by the owner or person(s)
in charge to mitigate or correct the nuisance activity at the property;
(B)
Whether the criminal activity or nuisance activity at the property
was repeated or continuous;
(C)
The magnitude or gravity of the criminal activity or nuisance
activity at the property;
(D)
The cooperation of the owner or person(s) in charge of the property
with the Village to correct the offending condition or abate the nuisance;
(E)
Whether the owner or property manager, in the event of rental
or leased property, has required the tenant(s) to sign a "crime free
lease addendum";
(F)
Whether the property owner(s) or property manager, in the event
of rental or leased property, have attended the Village sponsored
crime free housing program seminar; and
(G)
The cost to the Village of investigating and correcting or attempting
to correct the condition.
(c)
Remedy.
(1)
In the event a court determines a 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 until the nuisance activity(ies) or
violation(s) complained of is abated. In addition, the court may employ
any other remedy deemed by it appropriate to permanently abate the
nuisance, including the entry of a permanent injunction enjoining
any tenants, cotenants, and/or occupants responsible or partially
responsible for the property becoming a chronic nuisance property
from future use, occupancy of or presence at or upon the property.
(2)
In addition to the remedy provided in Subsection (c)(1) of this
section, the court may impose upon the owner(s), manager(s), person(s)
in charge and/or tenant(s) or occupant(s) of the property in question
a civil penalty in an amount not to exceed the sum of $750 per day,
payable to the Village of Elmwood Park, for each day the owner(s),
person(s) in charge and/or tenant(s) or occupant(s) had actual knowledge
that the property was a chronic nuisance property and permitted the
property to remain a chronic nuisance property.
(3)
In determining what remedy or remedies to employ, the court
may consider evidence of other conduct which has occurred on the property,
including, but not limited to:
(A)
The disturbance of neighbors;
(B)
The occurrence of other criminal activity or nuisance activity
at, on or from the property;
(C)
The property's general reputation for criminal or nuisance
activity and/or the reputation of persons residing at or frequenting
the property;
(D)
Physical damage to the property in question or surrounding properties;
(E)
Any hazard posed to any occupant of the property or adjoining
property occupant or owner resulting from the physical condition of
the property in question or its structures.
(d)
Securing of Property. The court may authorize the Village to physically
secure the property against use or occupancy in the event the owner
or person in charge of the property 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 effect the closure shall be made and assessed as a lien against
the property and shall be a debt due and owing the Village. As used
herein, "costs" mean those costs actually incurred by the Village
for the physical securing of the property.
(e)
Statement of Costs. The Village code administration department employee
effecting the closure shall prepare a statement of costs incurred,
and the Village 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 shall be recorded
against the property.
(f)
Liability for Payment. Any person who is assessed the cost of closure
and/or civil penalty by the court shall be personally liable for the
payment thereof to the Village.
(g)
Obligation to Pay Rent. The entry of such an order or injunction
against a tenant shall not constitute a defense to nor an excuse of
the obligation to pay rent by such tenant during the effective period
of such order or injunction.
[Ord. 2011-14, 6-6-2011]
(a)
In the event any chronic nuisance property is a multi-unit rental
residential property, any order entered by the court to abate the
nuisance or otherwise vacate the property shall, in the discretion
of the court, be limited in scope as to apply only to the individual
rental unit or person(s) in charge or tenant(s) or occupants of that
unit forming the basis for a finding that the property is a chronic
nuisance property.
