§ 8.32.145. Chronic nuisance property.

A.

General Definitions. For purposes of this section, the following definitions shall apply:

"Dwelling" means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure or place used or intended to be used for human habitation, including common areas within the structure when buildings or structures are used for more than one dwelling, and accessory buildings such as garages located on the same premises.

"In or on the premises of any dwelling" means either within a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located.

"Occupant" means any person who lives in or has possession of, or holds an occupancy interest in a dwelling; or any person residing in or frequenting the premises of the dwelling with the actual or implied permission of the owner or lessee.

"Owner" means any person, agent, operator, firm or corporation having a legal or equitable ownership interest in the dwelling, as recorded in the official records of the state, county, or municipality as holding title to the dwelling; or otherwise having control of the dwelling, including the guardian of an estate of any such person, the executor or administrator of an estate or trustee lawfully entitled to possession or control of such property.

B.

Chronic Nuisance Property Defined. "Chronic nuisance property" is a dwelling within which, or on the premises of which, any three of the following, arising out of separate and distinct facts and circumstances, have occurred within a ninety-day consecutive period:

1.

Any felony or misdemeanor involving or constituting a breach of the peace as defined by statutes of the State of Illinois and/or the ordinances of the City of Byron;

2.

Any violation of Title 5 of this Code, as amended, relating to alcoholic beverages arising out of separate and distinct facts and circumstances, so long as such violation involves or constitutes a breach of the peace;

3.

Disorderly conduct, as defined under 720 ILCS 5/26-1;

4.

Unlawful discharge of a firearm, as defined under 720 ILCS 5/24-1, 5/24-1.2, 5/24-1.2-5, or 5/24-1.5; or

5.

Loud or disturbing noise in violation of Section 8.32.140 of this Code, as amended.

C.

Violation.

1.

No owner or occupant of any dwelling shall allow or permit such dwelling to be, or become, a chronic nuisance property.

2.

An owner and/or occupant shall be deemed to have allowed or permitted a dwelling to be, or become, a chronic nuisance property if:

a.

The owner or occupant has personally committed the acts set forth above;

b.

Such acts were committed by invitees of the occupant or owner;

c.

Such acts were committed by persons attending events or functions sponsored, permitted, or allowed by the occupant or owner; or

d.

Such acts were committed by a combination of subsection (C)2(b) or (C)2(c) of this section.

D.

Notice of Chronic Nuisance Property.

1.

When the chief of police, or his or her designee, determines that property within the city has become "chronic nuisance property" as defined in subsection (B) of this section, the chief of police shall notify the owner and/or occupant of the property that the property has been determined to be chronic nuisance property and may be subject to closure.

2.

The notice shall contain the following information:

a.

The street address and a legal description sufficient for identification of the property;

b.

A statement that the chief of police, or his or her designee, has found the property to constitute chronic nuisance property with a concise and detailed description of the actions, dates, times and persons committing the actions leading to that finding;

c.

A statement that the owner and/or occupant has the opportunity to respond in writing to the notice within fifteen days from the date of the notice, describing what steps the owner and/or occupant has or will take to remedy the chronic nuisance conditions on the property, or the property may be subject to closure and/or penalties assessed;

d.

Such notice shall be deemed to be properly delivered if personally served or if sent via certified mail, to the owner's or occupant's last known address with a copy of the notice posted conspicuously at the property in question;

e.

If the owner's and/or occupant's response to the notice is not satisfactory to the chief of police, or if the owner and/or occupant fails to respond to the notice, then the council of the City of Byron may authorize the city attorney to initiate proceedings in a court of competent jurisdiction seeking closure of the chronic nuisance property or any part thereof, and/or the imposition of civil penalties against any or all of the owners and/or occupants of the property or any other appropriate relief allowed by law.

E.

Action to Abate. In addition to prosecution of any offense defined under law or in pursuit of any other remedies available, the city council may authorize the city attorney to prosecute an action for equitable relief, in the name of the city, to abate the chronic nuisance property and to enjoin any person who owns, rents, or occupies the dwelling in question from using or permitting its use in violation of the provisions of this section. In any such prosecution, the city shall bear the burden to show by a preponderance of the evidence that the property is "chronic nuisance property" as defined in subsection (B) of this section. No judgment or finding of violation of this section shall be entered against an owner and/or occupant who has, in good faith, endeavored to prevent or abate the nuisance. The burden of establishing good faith shall be that of the owner and/or occupant to show by a preponderance of the evidence.

F.

Penalties.

1.

Any property to be found "chronic nuisance property," as defined in this section, shall be closed and secured against all use and occupancy for a period of not less than thirty days nor more than one hundred eighty days. If requested by the city, the court may authorize the city to physically close the property against use or occupancy if the owner and/or occupant fails to do so within the time specified in the court's order, and the owner and/or occupant shall be responsible for the cost thereof. In any such action seeking closure of the property, all persons with an interest of record in the property including purchasers, beneficial owners of any Illinois land trust having title to the property, and lawful occupants shall be named as defendants and served with process.

2.

In addition to the remedies provided in subsection (F)(1) of this section, the court may impose a civil penalty in an amount not less than fifty dollars per day nor more than seven hundred fifty dollars per day, for each day that the owner and/or occupant had actual knowledge that the property was chronic nuisance property. The owner and/or occupant is presumed to have actual knowledge if notice was provided to the owner and/or occupant in accordance with subsection (D) of this section.

(Ord. No. 2011-22, § 1, 2-1-2012)