ARTICLE
I. NUISANCES
*Cross references ‑ Foul and
offensive smells from places where animals are kept, Sec. 6‑3; certain
acts by dogs declared nuisances, Sec. 6‑31; solid waste and rubbish, Sec.
16‑1 et seq; health, Sec. 18‑1 et seq.;
health, Sec.18‑1 et seq. failure of second hand dealers to maintain
premises declared a nuisance, Sec. 25‑65; non complying sidewalks
declared nuisance, Sec. 29-125; junked, abandoned and wrecked vehicles, Sec. 32‑72
et seq.
State law references ‑
Municipal authority to pass ordinances for air contamination control, Ill. Rev.
Stat. Ch. 24.
Sec. 11‑19.1‑11; air pollution control, Ch. 111
1/2, Sec. 240.1 et seq.
Sec. 24‑01. Smoke
control required.
No person owning or in charge of any smokestack of any locomotive, tar kettle, steam machine or contrivance, or of any open fire, smokestack or chimney of any building or premises shall allow the emission of dense smoke except for a period of or periods aggregating six (6) minutes in any one hour at the time when the firebox is being cleaned out or a new fire being built therein, during which period of or periods aggregating six (6) minutes in any one hour, the emission of smoke of a shade or density greater than Number Three of the Ringelmann Chart as published by the United States Bureau of Mines, is prohibited. Such emission of dense smoke as herein defined is hereby declared to be a nuisance. Any person participating in the violation of this section either as owner, proprietor, lessee, agent, manager, superintendent, engineer, fireman, janitor, or otherwise, shall be severally liable therefore. (Code 1965, Sec 11.10)
Sec. 24‑02. Weed
control required.
(a) Weeds such as jimson, burdock, ragweed,
thistle, cocklebur or other weeds of a like kind, found growing in any lot or
tract of land in the city are hereby declared to be a nuisance, and no person
shall permit any such weeds to grow or remain in any such place. No person
shall permit weeds, grass or plants, other than trees, bushes, flowers or other
ornamental plants, to grow to a height exceeding six (6) inches anywhere in the
City; any such plants or weeds exceeding such height are hereby declared to be
a nuisance. Any trees, grasses or weeds,
but not vines, hedges, shrubs or flowers, in excess of six inches, growing in
the fence line and intertwined with a fence shall be deemed a nuisance. (Ord.
2000-72,
(b) The Department of Building and Zoning
and/or The Environmental Services Utility shall cause to be served a Notice
upon the owner or occupant of any premises on which weeds, plants or grass are
permitted to grow in violation of the provisions of this Section, and demand
the abatement of the nuisance within three (3) days. In the event that the
owner is a non-resident or cannot be found, notice by mailing to the person who
last paid the taxes on such premises, postage fully prepaid, shall be
sufficient. The notice will be the only notice to the owner or occupant and no
further Notice will be given. In the
event of a subsequent violation within the same growing season, a second notice
shall not be required in order for the Department to proceed with abatement of
a subsequent nuisance. (Ord. 2000-72)
(c)
In
addition to all other abatement procedures, the Superintendent of the
Environmental Services Utility may proceed to abate such nuisance by applying
growth retardant to the neglected properties after cutting the weeds, grass or
plants. A charge of $75.00 (Seventy-Five
Dollars) minimally shall be made for each lot so treated plus the reasonable
value of labor and equipment utilized by the City in the implementation of said
growth retardant process. (Ord. 2002-30,
(d) If the person so notified does not abate
the nuisance within three (3) days after such Notice has been given or mailed as
aforesaid, or refuses or neglects to cut the weeds, grass or other plants
herein referred to, the Superintendent of the Environmental Services Utility
may proceed to abate such nuisance by cutting the weeds, grass or plants. A
charge of one hundred dollars ($100.00) minimally shall be made for each lot
cleaned plus the reasonable value of labor and equipment utilized by the City
in effectuating said cleaning or abatement.
For each subsequent
occurrence with the12 month period next following, the minimum charge shall be
two hundred dollars ($200.00) (Ord. No. 99-76, Sec. 1,
(e) In the case of an emergency where there
is not time to send notice, the work will be performed and charged to the owner
and/or occupant.
(f) If the fees plus costs are not paid
within thirty (30) days of the service rendered, the fees and costs shall be
considered delinquent. The City of
(g) The City shall add interest at the rate
of nine per cent (9%) per annum on all delinquent fees and on all judgments
rendered against the responsible party. (Code 1965, Sec. 11‑11; Ord. No. 74‑18, Sec. l, 6‑3‑74;
Ord. No. 74‑19, Sec. 1, 6‑3‑74, Ord. No. 91-26, Sec.1,
5-6-91).
State law reference -
authority of municipality to require weed destruction, Ill. Rev. Stat. Ch. 24. Sec.
11‑20‑6; weed cutting.
Sec. 24-02.1 Lien placed on property for failure to pay
fine.
Failure of any person to pay any charges
levied by the City of Kankakee or agents for cutting of weeds, grass, or plants
as provided in this article within 30 days of mailing any bill for such charges
shall be subject to a lien on said premises, which may be recorded in the
office of the Recorder of deeds of Kankakee County.
The City of
Sec. 24‑03. Unhealthy or offensive conditions on premises.
Keeping on any premises any carrion, pigsty, decaying animal or vegetable matter, or stagnant water, or any other thing which may be injurious to the health or offensive to the neighborhood, or by which any noxious or offensive smell may be created is hereby declared a nuisance. (Code 1965, Sec. 11‑13)
Sec. 24‑03.1. Noise nuisance.
It shall be unlawful for any person to make,
continue, or cause to be made or continued, any excessive, unnecessary or
unusual noise which either annoys, disturbs, injures or endangers the comfort,
repose, health or safety of others within the City, except in cases of urgent
necessity in the interest of public safety.
The following are hereby declared to be
excessive, disturbing, loud and unnecessary noises in violation of this
Section, however, said enumeration shall not be deemed to be exclusive, namely:
(a) Radio, compact disc or tape player,
television sets, musical instruments and similar
devices. The playing, using, operating or permitting to be played, used, or
operated, any radio, compact disc, tape player, musical instrument, phonograph,
television or other machine or device for the producing or reproducing of sound
in such a manner as to disturb the peace, quiet and comfort of the neighboring
inhabitants or at any time with louder volume than is necessary for the
convenient hearing of the persons who are in the room, chamber, vehicle or
outdoor area within the City in which or where such machine or device is
played, used or operated and who are voluntary listeners thereto. The operation of any such radio, compact disc
or tape player, instrument, phonograph, machine or device in such a manner as
to be plainly audible at a distance of fifty feet (50') from the location of
such set, instrument or device, shall be prima facie evidence of a violation of
this Section. (Ord. No 95-39, Sec 1,
(b) Permit for outdoor area. No band, group, disc jockey (D.J.), orchestra
or other person using amplified sound equipment, in an outside area, may
operate in violation of subparagraph (a), without first obtaining approval for
the permit from the City Council. The
City Clerk shall issue such permits, to such groups, organizations or charities
that the City Council deems to be in the best interest of all of the citizens,
in no event, shall any permit allow for sound to be amplified past
*Prohibited and declared
a public nuisance, the use of Citizen Band Radios in excess of established
limits which cause noise to be received by other citizens on their electronic
equipment: Operation of Citizen Band
Radios and their peripheral equipment, which results in transmission of radio
signals in excess of the wattage output allowed by the Federal Communication
Commission, whose signals are transmitted over and received as noise by
electronic equipment of others, including, but not limited to televisions,
radios and telephones. *(Ord. 93-20;
(c) Motor Vehicles.
(1) Horns, Signaling Devices: The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public place of
the City except as a danger warning; the creation by means of any such
signaling device of any unreasonably loud or harsh sound; the sounding of any
such device for an unnecessary and unreasonable period of time; the use of any
horn, whistle or other device operated by engine exhaust; and the use of any
such signaling device when traffic is for any reason held up.
(2) Exhaust System. The discharge into the open air within the
City of the exhaust of any steam engine, gasoline engine, stationary internal
combustion engine or other kind or type of engine, motor boat or motor vehicle,
except through a muffler or other device which will effectively prevent loud or
explosive noises therefrom.
(3) Defect in Vehicle or Load. The use within the City of any weapon,
automobile, motorcycle, truck, cart of any other vehicle, so out of repair or
loaded in such a manner or with material of such nature as to create loud and
unnecessary grating, grinding, rattling or other noises.
(4) Tires. The operating of a motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching
or other such noise from the tires in contact with the ground because of rapid
acceleration or excessive speed turning corners or other such reason.
(d) Construction, Repair of Buildings. The use of any hammer, derrick, hoist
tractor, roller, pile driver, shovel or other mechanical apparatus operated by
fuel or electric power in building or construction operations other than
between the hours of seven o'clock (7:00 a.m.) and nine o'clock (9:00 p.m.) on
week days and Saturdays, except in case of urgent necessity in the interest of
public health and safety then only with written permission from the Code
Enforcement Officer, which permission may be granted for a period not to exceed
three (3) days or less while the emergency continues. If the Code Enforcement Officer should
determine that the public health and safety will not be impaired by such acts
and if it shall further be determined that loss or inconvenience would result
to any party, in interest, said official may grant permission for such work to
be done, other than within the hours of seven o'clock (7:00) a.m. and nine
(9:00) p.m. upon application.
(e) Animals, Birds, etc. The keeping of any such animal or bird shut
up or tied up in any yard, enclosure, house or other place within the City
which by barking, howling, crying, singing or causing frequent or long
continued noises, shall disturb the comfort or repose of person in the
vicinity.
(f) Lawn Care Equipment. The use of any mower, hedge cutter, edger or
chain saw other than between the hours of
Sec. 24-03.2. Fees for violating nuisance ordinance.
Any person who violates
any provision of this Ordinance shall upon conviction be fined not less than
$50.00 nor more than $500.00. Each hour during which a
violation occurs shall be deemed a separate and distinct offense. Said fines may be levied or imposed as
provided in Section 36-12 of this Code. (Ord. No. 87‑32,
Sec.3, 9‑21‑87; Ord. No 95-39, Sec.1 & 2,
Any person who violates any provision of
this Ordinance while operating any vehicle, shall subject that vehicle to
immediate impounding and towing. The
Vehicle shall only be released to the owner upon payment of all towing and
storage costs. Such vehicle shall be impounded
until lawfully claimed or disposed of in accordance with Chapter 625 ILCS 5/2 -
201 et.seq. (Ord. No. 95-39,
Sec.1 & 2,
State law references ‑ Authority of
municipality over unwholesome or nauseous places, Ill. Rev. Stat. Ch. 24, Sec.
11-42‑10; same declared nuisance, Ch. 100 1/2, Sec. 26.
Sec. 24‑04. Offensive business.
Any building or other place used for
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 is hereby declared a nuisance. (Code 1965, Sec.
11-18)
State law references ‑ Authority of
municipality to prohibit offensive businesses, Ill. Rev. Stat. Ch. 24, Sec. 11‑42‑9;
same declared nuisance, Ch. 100 1/2, Sec. 26.
Sec. 24‑05. Unauthorized slaughterhouses, tanneries, etc.
Any slaughterhouse, tannery, rendering
plant, soap factory, or packinghouse operating without the consent of the City
Council is hereby declared a nuisance. (Code 1965, Sec.11‑13)
State law reference -
Authority to regulate packinghouses, tanneries, etc. Ill. Rev. Stat.,
Sec. 24‑06. Dumping
or depositing refuse.
Dumping or depositing on any premises,
public or private, any decaying animal or vegetable matter or any refuse of any
kind from any store or other place, or any waste liable to create any offensive
smell, or liable to become ignited by combustion or otherwise is hereby
declared a nuisance. (Code 1965, Sec.11‑13)
Cross Reference ‑ Littering
prohibited, Sec. 16‑21; deposit of grass and rubbish prohibited in public
streets, Sec. 16‑23. State law reference‑‑Authority of
municipality to prohibit deposits of offensive matter in streets, alleys, or
other municipal property, Ill. Rev. Stat. Ch. 24, Sec. 11‑80‑10;
dumping solid waste declare a nuisance, Ch. 100 1/2 Secs.
27,28.
Sec. 24‑07. Obstructing watercourses.
Throwing or depositing in or upon the
banks or sides of the Kankakee River or any stream, pond, lake, spring or any
other flowing watercourse of any carrion, decaying animal or vegetable matter,
or any substance, material or article which might clog, impede or obstruct the
free flow of water in the watercourse is hereby declared a nuisance. (Code
1965, Sec.11‑13)
Cross References ‑ Deposits in
rivers, streams or creeks prohibited, Sec.16‑24; water pollution control,
Sec. 36‑103 et seq.
State law reference ‑ Corrupting or
rendering unwholesome watercourses, lakes, etc. and obstructing navigable
rivers and waters declared nuisances. Ill. Rev. Stat. Ch. 100 1/2,
Sec. 24‑08. Waters, filth and unclean liquids in streets.
Throwing or permitting the escape into any street or other public place, or into or upon any adjacent ground, any filth or unclean water, or any foul or noxious liquid from any premises or causing rainwater to be conducted in any manner so as to throw the same into any street or public place from a greater height than three (3) feet is hereby declared a nuisance. (Code 1965, Sec. 11‑138)
Sec. 24‑09. Dead animal.
Permitting the carcass of any animal, which
may die within the city, to remain more than twelve (12) hours thereafter is
hereby declared a nuisance. (Code 1965, Sec. 11.13)
State law reference ‑
Dead animals, generally, Ill. Rev. Stat. Ch. 8, Sec. 149 et seq.
Sec. 24‑10. Standing water in cellars.
Any cellar containing any standing or stagnant or filthy water is hereby declared a nuisance. (Code 1965, Sec. 11‑13)
Sec. 24‑11. Stagnant ponds.
Any pond, lake or body of water in a
stagnant condition or in a condition that is detrimental or injurious or
dangerous to the public is hereby declared a nuisance. (Code 1965, Sec. 11‑13)
Sec. 24‑12. Pits or excavations.
Any pit, hole or excavation dangerous to
the public is hereby declared a nuisance. (Code 1966, Sec.11‑14)
Sec. 24‑13. Nuisances
prohibited under state law.
No person shall permit, cause, keep, maintain or create a nuisance as defined by the laws of this state or by this Code within the City or within one‑half mile of the corporate limits of the City. (Code 1965, Sec. 11.12)
State law reference ‑
Nuisances generally, Ch. 100 1/2, et seq.
Sec. 24‑13.1. Maintenance
of public nuisance prohibited; penalty for violation.
Editor's note ‑ Being not
specifically amendatory of the Code, the provisions of Secs.
1 and 2 of Ord. No. 83‑61, adopted
(a) It
shall be unlawful to maintain a public nuisance as defined in this code, or any
other code adopted by reference, including the BOCA code, the property maintenance
code, or the zoning code, within the limits of the City of
(b) Violation of this section shall be
punishable by a fine of not less, than fifty dollars ($50.00) nor more than one
thousand dollars ($1,000.00). (Ord. No. 83‑61, Secs.
1, 2, 11‑21-83)
Sec. 24‑14. Abatement of nuisances.
The Health Officer or Chief of Police
shall notify the owner of the premises on which a nuisance exists or the person
causing or maintaining a nuisance to abate the nuisance within such reasonable
time as is specified in the notice. If such person fails to abate the nuisance
within the time stated, he shall be subject to the penalty provided for a
violation of this Code. In addition thereto, the city may proceed to abate the
nuisance and the cost of abatement shall be a charge against the person
creating or maintaining the nuisance and against the property on which the
nuisance is located. The city may file a notice of lien for the charge against
the property and may add such amount to the next tax bill on the property.
(Code 1965, Sec. 11.14)
Sec. 24‑15. Impoundment of vehicles.
Any vehicle which is the subject of six
(6) or more unsatisfied fines for violation of any parking ordinance of the
City of
Sec. 24‑16. Inoperable Vehicles.
Definition - Inoperable motor vehicle means any motor vehicle for which for a period of at least 7 days, the engine, wheels or other parts have been removed or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. Inoperable motor vehicle shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair.
Sec. 24‑17. Inoperable
Vehicle ‑ as a Nuisance.
All inoperable motor vehicles, whether public or private property, and in view of the general public, are hereby declared to be a nuisance.
Sec. 24‑18. Fines for failure to dispose of inoperable vehicle.
A fine of twenty‑five dollars
($25.00) per day will be levied against any person for failure to obey a notice
received from the City which states that such person is to dispose of any
inoperable motor vehicle under his control.
Sec. 24‑19. Police Department removal of inoperable vehicle.
The Police Department of the City may
remove any inoperable motor vehicle or parts thereof after seven (7) days from
the issuance of the municipal notice to the owner and/or party in possession or
control.
In the event that the identity and/or whereabouts
of the owner or party in possession or control cannot be determined upon due
diligence, the City may effectuate aforesaid notice by posting same upon the
motor vehicle or parts thereof in question.
Sec. 24‑20. Exceptions - inoperable vehicles.
Nothing in this Ordinance shall apply to
any motor vehicle that is kept within a building when not in use, to operable
historic vehicles over 25 years of age, or to a motor vehicle on the premises
of a place of business engaged in the wrecking or junking of motor vehicles. (Ord. No. 88-36. Sec. 1-5,
Sec. 24-21. Prohibiting purchasing a controlled substance
- definitions.
"Cannabis"
shall have the same meaning as defined in the Cannabis Control Act, Chapter
720, Act 550,
"Controlled Substance shall have the same meaning as defined in the Illinois Controlled Substance Act, Chapter 720, Act 570, Illinois Compiled Statutes. As presently enacted and hereinafter amended by the Illinois Legislature.
Section 24-22. Offense -
controlled substance.
A person commits an offense if, with
intent to acquire cannabis or a controlled substance, he requests, commands, or
attempts to induce another to sell, donate, or otherwise transfer or deliver
cannabis or a controlled substance to the person.
It is no defense to prosecution under
this Act that:
(a) no monetary or
other consideration was tendered to the person solicited; or
(b) the person
solicited was unable or unwilling to transfer or deliver the cannabis or
controlled substance.
Sec. 24-23. Penalty regarding controlled substances.
Any person convicted of violating this
section shall be subject to a fine of five hundred dollars ($500.00). (Ord.
94-43,
Sec. 24-24 - 24-29. Reserved.
ARTICLE II. CHRONIC
NUISANCE PROPERTY.
*Editor's
Note‑‑Ord. No. 96-68, Secs. 1-9, passed
Sec. 24-30. Abatement of Chronic
Nuisance Properties.
Any certain property within the City of
Any person in charge who permits property
under his or her ownership or control to be a Public Nuisance Property shall be
in violation of this Chapter and subject to its remedies.
Sec. 24-31. Definitions.
Chronic Nuisance Property - Property upon
which three or more of the behaviors listed below have occurred during any
sixty (60) day period, as a result of any three (3) separate factual events
that have been independently investigated by any law enforcement agency.
1. Disorderly conduct as defined in 720
ILCS 5/26-1.
2. Unlawful Use of Weapons as defined in
720 ILCS 5/24-1 et.seq.
3. Mob Action as defined in 720 ILCS
5/25-1
4 Discharge of a Firearm as defined in
720 ILCS 5/24-1.2 and 1.5.
5. Gambling as defined in 720 ILCS
5/28-1.
6. Possession, Manufacture or Delivery of
Controlled Substance as defined in 720 ILCS 570/401 et seq.
7. Assault or
8. Sexual Abuse or Related Offenses as
defined in 720 ILCS 5/12-15 et seq.
9. Public Indecency as
defined in 720 ILCS 5/11-9 et seq.
10. Prostitution as defined
in 720 ILCS 5/11-14 et seq.
11. Criminal Damage to Property as defined in
720 ILCS 5/21-1 et seq.
12. Possession, Cultivation, Manufacture or
Delivery of Cannabis as defined in 720 ILCS 550/1 et seq.
13. Illegal Consumption or Possession of
Alcohol as defined in 235 ILCS 5/1 et seq.
14. Violation of the City of
15. Violation of any City of
Control: The ability to regulate, restrain, dominate,
counteract or govern conduct that occurs on that property.
Owner: Any person, agent, firm or corporation having
any legal or equitable interest in the property. Owner includes, but is not limited to:
(1) a mortgage in
possession in whom is vested
(a) all or part of
the legal title to the property;
(b) all or part of
the beneficial ownership and the right to the present use and enjoyment of the
premises;
(2) an occupant who
can control what occurs on the property.
Permit: To suffer, allow, consent to, acquiesce by
failure to prevent, or expressly ascent or agree to the doing of an act.
Person: Any natural person, association, partnership
or corporation capable of owning or using property in the City of
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.
(a) In the event a court 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
thirty (30) days, but not more than one hundred and eighty (180) days, or the
court may employ any other remedy deemed by it to be appropriate to abate the
nuisance.
(b) In addition to the remedy provided in
paragraph (a) above, the court may impose upon the owner of the property a
civil penalty in the amount of up to One Hundred Dollars ($100.00) per day,
payable to the City of Kankakee, for each day the owner had actual knowledge
that the property was a public nuisance property and permitted the property to
remain public nuisance property.
(c) In determining what remedy or remedies
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.
(4) The
repeated sale or possession of controlled substances on the premises.
Sec. 24-33. Abatement of Nuisance.
The Corporation Counsel of the City of
Sec. 24-34. Procedure.
When the Chief of Police of the City of
(a) Notify the person in charge 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 Person in charge respond
to the Chief of Police within ten (10) days to discuss the Nuisance Activities.
(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 Person in Charge in writing
that the Property has been determined to be a Chronic Nuisance Property. The notice shall contain the following
information:
i) The
street address or legal description sufficient for identification of the
Property.
ii)
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.
iii)
Demand
that the Person in Charge respond within ten (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.
iv)
Service
shall be made either personally or by first class mail, postage pre-paid,
return receipt requested, addressed to the Person in Charge 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.
v)
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 Person
in Charge, and shall be made either personally or by first class mail, postage
pre-paid.
vi)
A
copy of the notice shall also be posted at the Property after ten (10) days has
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.
vii) 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.
(2) If after the notification, but prior to
the commencement of legal proceedings by the City pursuant to this Chapter, a
Person in Charge stipulates with the Chief of Police that the Person in Charge
will pursue a course of action the parties agree will abate the Nuisance
Activities giving rise to the violation, the Chief of Police may agree to
postpone legal proceedings for a period of not less than ten (10) nor more than
thirty (30) days, except in the case of a Nuisance Activity under Section 3 (b)
(7) 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 thirty (30) days, the Chief of Police shall request
authorization for the Corporation Counsel to commence a legal proceeding to
abate the nuisance.
(3) Concurrent with the notification producers
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.
(c) When a Person in Charge makes a response
to the Chief of Police 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.
Sec. 24-35. Commencement of Action,
Burden of Proof.
(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 leading of the findings that the property is a Chronic Nuisance
Property.
(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 site 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.
Sec. 24-36. Emergency closing
procedure.
(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 Section 5 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.
(b) In the event that the court finds the
property constitutes a Chronic Nuisance Property as defined in this Section,
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 Chapter and permitted the
activities to occur, the court may assess a civil fine as provided above.
(c) The court may authorize the City of
(d) The City of
(e) Any person who is assessed the cost of
closure and/or civil penalty by the court shall be personally liable for the
payment thereof by the City.
(f) A tenant is entitled to their reasonable
relocation costs, as those are determined by the court if, without actual
notice, the tenant moved into the property, after either:
(1) The owner or tenant received notice as
described herein of the Police Chief's determination as described above.
(2) Unknown owner or other agent received
notice of an action brought pursuant to this Section.
(3) Any person who is assessed with costs of
closure and/or civil penalty by the court shall be personally liable for the
payment thereof to the City.
Sec. 24-37. Severability - Chronic
Nuisance Property.
If any provision of this Ordinance or its
application, or any person or circumstance 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.
Sec. 24-38. Effective Date of
Ordinance.
This Ordinance shall be in full effect as
of the date of final passage and shall remain in effect for a period of two (2)
years from the date of original passage. (Ord. No. 96-68, Sec. 1 - 9,
ARTICLE I. NUISANCES......................................................................................................... 24
Abatement
of nuisances................................................................................................ 24
- 14
Dead
animal................................................................................................................. 24
- 09
Dumping or depositing
refuse........................................................................................ 24
- 06
Exceptions
‑ inoperable vehicles................................................................................... 24
- 20
Failure
to dispose of inoperable vehicle......................................................................... 24
- 18
Fees
for violating nuisance ordinance......................................................................... 24
- 03.2
Impoundment
of vehicles.............................................................................................. 24
- 15
Inoperable
Vehicle ‑ as a Nuisance............................................................................... 24
- 17
Inoperable
Vehicles...................................................................................................... 24
- 16
Lien placed on property
for failure to pay fine
24 02.1
Maintenance of public
nuisance prohibited................................................................. 24
- 13.1
Noise
nuisance.......................................................................................................... 24
- 03.1
Nuisances prohibited
under state law............................................................................ 24
- 13
Obstructing
watercourses............................................................................................. 24
- 07
Offense
‑ controlled substance...................................................................................... 24
- 22
Offensive
business........................................................................................................ 24
- 04
Penalty
regarding controlled substances........................................................................ 24
- 23
Pits
or excavations....................................................................................................... 24
- 12
Police
Department Removal......................................................................................... 24
- 19
Prohibiting purchasing a
controlled substance ‑.............................................................. 24
- 21
Smoke control required................................................................................................ 24
- 01
Stagnant
ponds............................................................................................................ 24
- 11
Standing
water in cellars............................................................................................... 24
- 10
Unauthorized
slaughterhouses, tanneries, etc................................................................. 24
- 05
Unhealthy
or offensive conditions on premises............................................................... 24
- 03
Waters,
filth and unclean liquids in streets...................................................................... 24
- 08
Weed control required................................................................................................. 24
- 02
ARTICLE
II.
CHRONIC NUISANCE PROPERTY................................................................. 24
Abatement
of Chronic Nuisance Properties. ................................................................. 24
- 30
Abatement of Nuisance ‑
Chronic Nuisance ................................................................. 24
- 33
Commencement
of Action, Burden of Proof.................................................................. 24
- 35
Definitions
‑ Chronic Nuisance Property....................................................................... 24
- 31
Effective date of
Chronic Nuisance Ordinance.............................................................. 24
- 38
Emergency closing
procedure ‑ nuisance property......................................................... 24
- 36
Procedure ‑
Chronic Nuisance Property....................................................................... 24
- 34
Remedy for chronic
nuisance........................................................................................ 24
- 32
Severability
‑ Chronic Nuisance Property..................................................................... 24
- 37