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TO: Mayor and City Council
FROM: Deborah A. Lang, Assistant Corporation Counsel
DATE: March 12, 2019
SUBJECT:
An Ordinance Amending Chapter 29, Articles VII (Criminal Nuisance Abatement) and VIII (Noise Abatement).
PURPOSE:
The purpose of this Ordinance is to revise dated provisions of Chapter 29, correct time periods and references to Code sections. Additionally, the new amendment provides law enforcement additional tools to address loud and unruly gatherings.
BACKGROUND:
In 2018, City Council requested additional Code amendments to address noise complaints throughout the residential portions of the City. The Police Department also requested amendments to Article VII (Criminal Nuisance Abatement).
DISCUSSION:
The Ordinance amends and re-designates existing Article VII (Criminal Nuisance Abatement) to Chronic Nuisance Abatement. The additional changes to this Article include adding "owner occupied properties" to what was previously limited to only rentals properties. Additional amendments to this Article include new definitions of "Control", "Owner", and "Permit". "Nuisance activities" was condensed to five subsections from 44. While it is condensed, it actually provides for additional violations that the prior version did not allow. Under revisions to Section 29-128, the Law Department assumes responsibility from the Police Department for issuing "nuisance letters" to owners of nuisance properties, though the Police Department will retain significant involvement in developing the eventual abatement strategy. The last update of this Article is the express authority of the corporation counsel to intercede on behalf of landlords, only upon the landlord's request, and initiate and prosecute forcible entry and detainer actions in the identical manner as authorized by Section 9-120 of the Illinois Code of Civil Procedure.
With respect to Article VIII (Noise Abatement), the Ordinance amends its definition section to include a definition for "cost ...
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