City of Crystal Lake, IL
McHenry County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Crystal Lake as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-19-1993 (Art. V, Ch. III, Section C, of the 1993 Code)]
In addition to those things which are elsewhere by ordinance of the City of Crystal Lake declared to be and constitute nuisances, it is hereby declared to be a nuisance for any person, firm or corporation within the limits of said City to:
A. 
Burn, ignite or allow any drippings, manure, offal, animal or vegetable matter which is putrid or offensive, or any offensive matter to burn or ignite or to allow to burn upon any road, street, alley, highway, park or other place.
B. 
Keep or deposit or permit any slops, swill, garbage, manure, offal, filth, refuse, animal or vegetable matter which is putrid or offensive to remain on his/her premises used by him/her.
In any case where a nuisance shall be found in any building or upon any ground or other premises in the jurisdiction of the City, immediate notice shall be given by the police of the City of Crystal Lake to the owner or occupant or person in possession, charge or control of such building or premises to remove or clean such nuisance.
Any person, firm or corporation that violates, disobeys, neglects or refuses to comply with any provision of this chapter or who receives two notices from the police shall be fined pursuant to the provisions of Chapter 1, Article II, General Penalty, for each offense. A separate and distinct offense shall be regarded as committed each day on which person, firm, or corporation shall continue any such violation.
[Adopted 9-2-2008 by Ord. No. 6407]
As used in this article, the following terms shall have the meanings indicated:
CHRONIC NUISANCE PROPERTY
Property upon which three or more instances of any one or any combination of the behaviors listed below have occurred during any one-hundred-twenty-day period, as a result of any three separate factual events that have been independently investigated by any law enforcement agency:
A. 
Disorderly conduct as defined in 720 ILCS 5/26-1.
B. 
Unlawful use of weapons as defined in 720 ILCS 5/24-1
C. 
Mob action as defined in 720 ILCS 5/25-1.
D. 
Discharge of a firearm as defined in 720 ILCS 5/24-1.2 and 5/24-1.5.
E. 
Gambling as defined by 720 ILCS 5/28-1, except that gambling shall not include the use or operation of such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code.
[Amended 4-5-2016 by Ord. No. 7209]
F. 
Possession, manufacture or delivery of controlled substance as defined in 720 ILCS 570/401.
G. 
Assault or battery or any related offense as defined in 720 ILCS 5/12-1.
H. 
Sexual abuse or related offenses as defined in 720 ILCS 5/12-15.
I. 
Public indecency as defined in 720 ILCS 5/11-9.
J. 
Prostitution as defined in 720 ILCS 5/11-14.
K. 
Criminal damage to property as defined in 720 ILCS 5/21-1.
L. 
Possession, cultivation, manufacture or delivery of cannabis as defined in 720 ILCS 550/1.
M. 
Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1.
N. 
Violations of this Code relative to property care and maintenance, including § 397-5, Air pollution, and Chapter 526, Weeds.
O. 
Violation of any City of Crystal Lake ordinance or State of Illinois statute controlling or regulating the sale or use of alcoholic beverages.
P. 
Violations of Chapter 334, Litter, as amended.
Q. 
Violation of the City of Crystal Lake Code Chapter 358, Noise, as amended.
CITY OF CRYSTAL LAKE
The City of Crystal Lake shall be referred to as the "City."
CONTROL
The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
OWNER
Any person, agent, partnership, limited-liability company or corporation having any legal or equitable interest in the property. In the case of condominium units or townhome units, "owner" shall mean the legal titleholder to the unit. In the case of an apartment, the "owner" shall mean the tenants or persons allowed to reside in the apartment by the tenants or the owner or manager of the owner of the apartment building.
PERMIT
To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PERSON IN CHARGE
Any person in actual or constructive possession of a property, including, but not limited to, an owner-occupant of property under his or her domain, ownership or control.
PROPERTY
Any real property, including land in that which is affixed, incidental or pertinent to land, including, but not limited to, any premises, room, house, building, or structure or any separate part or portion thereof, whether permitted or not.
The City may commence an action to abate any public nuisance as described above. Upon being satisfied by affidavits or other sworn evidence that an alleged public nuisance exists, the court may, without notice or bond, enter a temporary restraining order or preliminary injunction to enjoin any defendant from maintaining such nuisance and may enter an order restraining any defendant from removing or interfering with all property used in connection with the public nuisance.
When the Chief of Police or his/her designee receives two or more reports documenting the occurrence of nuisance activity on or within a property, the Chief of Police or his/her designee shall independently review such reports to determine whether they describe criminal acts. Upon such findings, the Chief of Police or his/her designee may:
A. 
Notify the person in charge with a written warning that the property is in danger of becoming a chronic nuisance property. Such notice shall be provided by either personal service or by certified mail, addressed to the owner of the property and the person in charge at the address of the property believed to be a chronic nuisance property and also at such other address as may be shown on the tax rolls of the county in which the property is located. The notice shall contain the following information:
(1) 
The street address or a legal description sufficient for identification of the property.
(2) 
A statement that the Chief of Police or his/her designee has information that the property may constitute a chronic nuisance property as defined by this article, with a concise description of the nuisance activities that may exist, or that have occurred. The Chief of Police or his/her designee shall offer the person in charge an opportunity to propose a course of action that the Chief of Police or his/her designee agrees will abate the nuisance activities giving rise to the violation.
(3) 
Request that the person in charge respond to the Chief of Police or his/her designee within 10 business days to discuss the nuisance activities.
B. 
After complying with the notification procedures described herein when the Chief of Police or his/her designee receives a report documenting the occurrence of a third nuisance activity at or within a property and determines that the property has become a chronic nuisance property, the Chief of Police or his/her designee shall:
(1) 
Notify the person in charge in writing that the property has been determined to be a chronic nuisance property.
(a) 
The notice shall contain the following:
[1] 
The street address or legal description sufficient for identification of the property;
[2] 
A statement that the Chief of Police or his/her designee has determined the property to be chronic nuisance property with a concise description of the nuisance activities leading to his/her findings;
[3] 
A request that the person in charge or owner respond within 10 days to the Chief of Police or his/her designee and propose a course of action that the Chief of Police or his/her designee agrees will abate the nuisance activities giving rise to the violation.
(b) 
Such notice shall be provided by either personal service or by certified mail, addressed to the owner of the property and to the person in charge at the address of the property believed to be a chronic nuisance property and also at such other address as may be shown on the tax rolls of the county in which the property is located. A copy of the notice shall also be posted at the property after 10 days have elapsed from the service or mailing of the notice to the person in charge and the person in charge has not contacted the Chief of Police or his/her designee.
(2) 
If after the notification, but prior to the commencement of legal proceedings by the City pursuant to this article, a person in charge or owner enters into an agreement with the Chief of Police or his/her designee that the person in charge or owner will pursue a course of action the parties agree will abate the nuisance activities giving rise to the violation, the Chief of Police or his/her designee shall agree to postpone legal proceedings for a period of not less than 10 days nor more than 30 days, except in the case of a nuisance activity as provided for herein where a search warrant was executed at the property. If the agreed course of action does not result in the abatement of the nuisance activity or if no agreement concerning abatement is reached within 30 days, the Chief of Police or his/her designee shall request authorization for the Corporation Counsel to commence a legal proceeding to abate the nuisance and shall notify the person in charge or owner at his/her last known address of the City's intent to commence legal proceedings.
(3) 
Concurrent with the notification procedures set forth herein, the Chief of Police or his/her designee shall send copies of the notice, as well as any other documentation, which supports legal proceedings to the Corporation Counsel.
(4) 
The failure of any person to receive notice that the property may be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this article.
C. 
When a person in charge makes a response to the Chief of Police or his/her designee as required above, any conduct or statements made in connection with the furnishing of that response shall not constitute an admission that any nuisance activities have or are occurring. This subsection does not require the exclusion of any evidence which is otherwise admissible or offered for any other purpose.
D. 
References to the "Chief of Police" in this section shall mean the Chief of Police or the Chief of Police's designee.
A. 
In an action seeking closure of a chronic nuisance property, the City shall have the initial burden of showing by preponderance of the evidence that the property is a chronic nuisance property.
B. 
It is a defense to an action seeking the closure of chronic nuisance property that the owner of the property at the time in question could not, in the exercise of reasonable care or diligence, determine that the property had become a public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct resulting in the property being deemed a chronic nuisance property as provided for herein. It shall also be a defense for an owner, prior to the notification, to, in good faith, notify a law enforcement agency of suspected illegal activity and to process an eviction action for illegal activity against any tenant or occupant.
C. 
In establishing the amount of any civil penalty requested, the court may consider any of the following factors if they need be found appropriate, and shall cite those found applicable:
(1) 
The action or lack of action taken by the person in charge to mitigate or correct the problem at the property.
(2) 
Whether the problem at the property was repeated or continuous.
(3) 
The magnitude or gravity of the problem.
(4) 
The cooperation of the person in charge with the City.
(5) 
The cost of the City investigating and correcting or attempting to correct the condition.
D. 
Any person, firm or corporation violating the provisions of this article shall be subject to a penalty imposed under Chapter 1, Article II, General Penalty, of this Code.
A. 
In the event that it is determined that the property is an immediate threat to the public safety and welfare, the City may apply to the Circuit Court of McHenry County for such interim relief, as is deemed by the Chief of Police or his/her designee to be appropriate. In such an event, the notification provisions provided for herein need not be complied with; however, the City shall make a diligent effort to notify the person in charge prior to a court hearing.
B. 
In the event that the Court finds the property constitutes a "chronic nuisance property" as defined in this chapter, the Court may order the remedy set out above; in addition, in the event that it also finds the person in charge had knowledge of activities or conditions of the property constituting or violating this article and permitted the activities to occur, the Court may assess a civil fine as provided in § 364-9B.
C. 
The Court may authorize the City to physically secure the property against use or occupancy in the event the owner fails to do so within the time specified by the Court. In the event that the city is authorized to secure the property, all costs reasonably incurred by the City to effect a closure shall be made and assessed as a lien against the property. As used herein, "costs" mean these costs actually incurred by the City for the physical securing of the property, as well as, tenant relocation costs.
D. 
The City shall prepare a statement of costs of closure and shall thereafter submit said statement to the Court for its review. If no objection of the statement is made within the period described by the Court, a lien in said amount may be recorded against said property.
E. 
Any person who is assessed the costs of closure and/or any civil penalty by the Court shall be personally liable for the payment thereof to the City.
A. 
The issuance of complaints for all first offenses shall be brought before the Administrative Law Court of the City, and the respondent shall have the right to appear, present evidence, cross-examine witnesses and such other rights as other respondents have before the Court. The Administrative Law Court, upon the finding of liability, may impose upon the respondent a civil penalty in an amount set forth in Chapter 248, Fines, payable to the City, for each day the owner or the person in charge of the property had actual knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property.
[Amended 3-3-2009 by Ord. No. 6448]
B. 
Upon the issuance of a complaint for all second offenses against the respondent, the Administrative Law Court may impose upon the respondent a civil penalty in an amount set forth in Chapter 248, Fines, payable to the City, for each day the owner or the person in charge of the property had actual knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property.
[Amended 3-3-2009 by Ord. No. 6448]
C. 
All subsequent complaints filed against the owner or the person in charge of the property shall be reviewed by the Chief of Police or his/her designee and Corporate Counsel of the City, who shall make a determination as to whether a complaint should be filed before the Circuit Court of McHenry County in accordance with the provisions of this article.
D. 
In determining the penalty against the owner or the person in charge of the property found liable by the Administrative Law Court or the Circuit Court of McHenry County, the Court may take into account any actions taken by the owner or the person in charge of the property to attempt to obstruct the ordinary process of this article by threats, intimidation or other actions taken by the owner or person in charge of the property against any tenant, subtenant or any other owner of any condominium or townhome unit.
E. 
The Circuit Court of McHenry County may impose a civil penalty in an amount set forth in Chapter 248, Fines, for each offense, payable to the City, for each day the owner or person in charge of the property had knowledge that the property was a public nuisance property and permitted the property to remain a public nuisance property. In addition, in the event the Circuit Court of McHenry County determines property to be a chronic nuisance property, the Court may order that the property be closed and secured against all use and occupancy for a period of not less than 30 days, but not more than 180 days, or the Court may employ any other remedy deemed by it to be appropriate to abate the nuisance.
[Amended 3-3-2009 by Ord. No. 6448]
F. 
In determining what remedy or remedies it shall employ, the Court may consider evidence of other conduct which has occurred on the property, including, but not limited to:
(1) 
The disturbance of neighbors;
(2) 
The recurrence of loud and obnoxious noises;
(3) 
Repeated consumption of alcohol in public; and
(4) 
The repeated sale or possession of controlled substances on the premises.
If any provision, clause, sentence, paragraph, section or part of this article or application thereof to any person or circumstance shall for any reason be judged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect or otherwise invalidate the remainder of this article and the application of such provision to other persons or circumstances, but shall be confined in its operation to such revision, clause, sentence, paragraph, section or part there of directly involved in the controversy in which such judgment shall have been rendered unto the person or circumstances involved. It is hereby declared to be the legislative intent of the City Council that this article would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included.