§ 7-8-13. Prohibition of criminal public nuisances; abatement thereof.

No person shall intentionally, knowingly, recklessly or negligently permit any property, within the corporate limits of the Village of Hoffman Estates, to become, exist as or be used as a criminal public nuisance, and any criminal public nuisance found to exist within the Village of

Hoffman Estates shall be subject to abatement in accordance with the applicable provisions of this Section 7-8-13.

A.

Definitions. The following terms, when used in Section 7-8-13 of the Hoffman Estates Municipal Code, shall have the meanings set forth below:

1.

Criminal public nuisance —Any real property within the corporate limits of the Village of Hoffman Estates, together with the buildings, structures, fixtures, or improvements located thereon, at, in or on which any three or more of the criminal offenses set forth below have occurred within any one year period, as determined by authorized sworn personnel of the Village of Hoffman Estates Police Department or by any authorized members of other law enforcement agencies lawfully exercising jurisdiction within the Village of Hoffman Estates, shall constitute a criminal public nuisance. The criminal offenses which may be considered in determining whether or not a criminal public nuisance exists shall be as follows:

a.

Any offense defined and prohibited by Article 9 (homicide) of the Criminal Code of 1961, 720 ILCS 5/9-1 et seq.;

b.

Any offense defined and prohibited by Article 10 (kidnapping and related offenses) of the Criminal Code of 1961, 720 ILCS 5/10-1 et seq.;

c.

Any offense defined and prohibited by Section 11-14 (prostitution), Section 11-15 (soliciting for a prostitute), Section 11-16 (pandering), Section 11-17 (keeping a place of prostitution), Section 11-20 (obscenity), Section 11-20.1 (child pornography), or Section 11-21 (harmful material to minors) of the Criminal Code of 1961, 720 ILCS 5/11-14.5/11-15, 5/11-16, 6/11-17, 5/11-20, 5/11-20.1 and 5/11-21;

d.

Any offense defined and prohibited by Article 12 (bodily harm) of the Criminal Code of 1961, 720 ILCS 5/12-1 et seq.;

e.

Any offense defined and prohibited by Article 16 (theft and related offenses) of the Criminal Code of 1961, 720 ILCS 5/16-1 et seq.;

f.

Any offense defined and prohibited by Section 20-2 (possession of explosives or incendiary devices) of the Criminal Code of 1961, 720 ILCS 5/20-2 et seq.;

g.

Any offense defined and prohibited by Article 24 (deadly weapons) of the Criminal Code of 1961, 720 ILCS 5/24-1 et seq., or any violation of Section 7-5-2 (discharge of firearms) of the Hoffman Estates Municipal Code;

h.

Any offense defined and prohibited by Article 25 (mob action) of the Criminal Code of 1961, 720 ILCS 5/25-1 et seq.;

i.

Any offense defined and prohibited by Section 26-1 (disorderly conduct) of the Criminal Code of 1961, 720 ILCS 5/26-1;

j.

Any offense defined and prohibited by Section 28 (gambling) of the Criminal Code of 1961, 720 ILCS 5/28-1 et seq.;

k.

Any offense defined and prohibited by Article 31 (interference with public officers) of the Criminal Code of 1961, 720 ILCS 5/31-1 et seq.;

l.

Any offense defined and prohibited by Section 6-16 (prohibited sales and possession) or Section 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the Liquor Control Act of 1934, 235 ILCS 5/6-16 and 5/6-20;

m.

Any offense defined and prohibited by Act 685 (Tobacco Accessories and Smoking Herbs Control Act) of the Criminal Code, 720 ILCS 685/1 et seq., or any violation of Section 7-2-2 (tobacco sales and electronic smoking devices to persons under age 21) of the Hoffman Estates Municipal Code.

n.

Any offense defined and prohibited by the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.;

o.

Any offense defined and prohibited by the Cannabis Control Act, 720 ILCS 550/1 et seq.;

p.

Any inchoate offense defined and prohibited by Article 8 (inchoate offenses) of the Criminal Code of 1961, 720 ILCS 5/1-1 et seq., which is relative to the commission of any of the aforesaid principal offenses;

q.

Any offense defined and prohibited by Section 7-3-5 (Loitering) of the Hoffman Estates Municipal Code.

2.

Occupant —Any person in actual or construction possession of any real property within the corporate limits of the Village of Hoffman Estates, or any of the buildings, structures, fixtures or improvements located thereon.

3.

Owner —Any person having any legal or equitable interest whatsoever in any real property within the corporate limits of the Village of Hoffman Estates, together with the buildings, structures, fixtures or improvements located thereon, or who, by any means whatsoever, has the ability, authority or right to regulate, restrain, control, direct or affect the conduct of persons present on any such property.

4.

Permit —To allow, approve, consent to, acquiesce in, agree to, suffer or failure to prevent through inaction.

5.

Person —Any natural individual, corporation, firm, partnership, limited liability company, unincorporated association or any other group, enterprise or entity capable of owning, using or occupying property.

6.

Property —Any real property, together with any buildings, structures, improvements or fixtures located thereon or affixed thereto.

B.

Pre-Abatement Procedure: Whenever the Chief of the Village of Hoffman Estates Police Department shall receive two or more police reports generated in the ordinary course of the business of the department, or any reports from sworn personnel of any other law enforcement agency lawfully exercising jurisdiction in the Village of Hoffman Estates, which reports describe the commission of any acts or conduct within the same one year period at, in or on the same property which could constitute any two or more of the offenses set forth in the definition of criminal public nuisance, the Chief of Police shall review said reports and determine whether such acts or conduct in fact constitute any of said offenses. In the event that the Chief of Police determines that said reports in fact describe the commission of acts or conduct which constitute any two or more of said offenses, the Chief of Police may take the following action:

1.

Notify by registered mail, return receipt requested, or by personal service, the owners and the occupants of the property in question that said property may be in danger of becoming a criminal public nuisance under the provisions of Section 7-8-13 of the Hoffman Estates Municipal Code, which notice shall identify the property in question by either street address, PIN number or legal description, describe the acts or conduct which have occurred on the property that could serve as part of the basis for determining that the property constitutes a criminal public nuisance, and request that the owners and occupants contact the Chief of Police within 14 days of the date of the letter to discuss potential courses of action which will prevent and deter the property in question from becoming a criminal public nuisance.

2.

After complying with the notification procedure set forth above, if the Chief of Police of the Village of Hoffman Estates Police Department receives an additional police report describing the commission of acts or conduct within the same one year period as the acts or conduct with respect to which a notification was issued in accordance with Section 7-8-13-B-1, which acts or conduct were committed at the same property described in said notice and which could constitute the commission of one or more of the offenses set forth in the definition of criminal public nuisance, then the Chief of Police shall review such report and determine whether or not such acts or conduct in fact constitute one or more of the said offenses, and, in the event that the Chief of Police determines that such acts or conduct do constitute one or more of the said offenses, then the Chief of Police shall, by registered mail, return receipt requested, or by personal service, and, in addition to either of the foregoing, by posting on the property itself, provide the owners and occupants of the property in question with a second notice, which notice shall inform the owners and occupants that the property in question has become and is in fact a criminal public nuisance under Section 7-8-13 of the Hoffman Estates Municipal Code, describe all of the acts and conduct forming the basis for the determination that the property in question is a criminal public nuisance, and request that the owners and occupants of the property contact the Chief of Police within 14 days of the date of the notice to determine and implement a course of action which will result in the abatement of the property as a criminal public nuisance.

3.

Proof that the notices requested under this Section were sent or given in the manner required hereunder shall be deemed proof that the owners or occupants of the property to which the notices related received such notices.

C.

Judicial Abatement Procedure —In the event that a course of conduct agreed to by the Chief of Police of the Village of Hoffman Estates Police Department and the owners and occupants of the property to which a notice has been directed pursuant to Section 7-8-13-B-2 has not been implemented within 30 days of the date of said notice to voluntarily abate the criminal public nuisance in question, then the Chief of Police shall so notify the Village Prosecutor to initiate judicial proceedings in the Circuit Court of Cook County, Illinois, to abate the criminal public nuisance and to seek the penalties and remedies provided with respect thereto by the provisions of this Section.

D.

Abatement Remedy; Penalty —In the event that the Village of Hoffman Estates establishes in any judicial action instituted in accordance with Section 7-8-13, that a property within the corporate limits of the Village of Hoffman Estates constitutes a criminal public nuisance, the court shall, in addition to any other powers granted by the provisions of the Hoffman Estates Municipal Code or applicable law, have the power to enter an order restraining the owners and occupants from using the property for any purpose for a period of up to one year, which order shall further provide that the owners and occupants shall have the right to use the property during the period of time specified in the order if any of them shall post a bond or other security payable to the Village of Hoffman Estates and approved by the court in an amount between $1,000.00 and $5,000.00 which bond or security shall be forfeited and paid over to the Village of Hoffman Estates by the obligor thereof in the event that any offense set forth above in the definition of criminal public nuisance is committed upon such property within the period of time set forth in the court order. Any person who is an owner or occupant of any property determined in any such judicial action to constitute a criminal public nuisance who intentionally, knowingly, recklessly or negligently permitted such property to become, be used as or exist as a Criminal Public Nuisance shall be liable to a fine of not less than $100.00 nor more than $1,000.00 per day for each day on or which such property was used as or existed as a criminal public nuisance.

(Ord. No. 3166-2000, § 2, 3-20-00; Ord. No. 3937-2007, § 1, 7-16-07; Ord. No. 4690-2018, § 1, 10-1-18)