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; garbage 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 jimpson, 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 Department of Public Works 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 Department of Public Works 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
Department of Public Works 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 garbage 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 con