ABATEMENT OF CHRONIC NUISANCE PROPERTIES

  The City of Kankakee developed a chronic nuisance ordinance in order to stop problems with persons and/or properties that adversely effect the neighborhoods. The ordinance is essential for the public safety, health and welfare of the residents of  Kankakee.  Any person in charge who permits property under his or her ownership or control to be a Public Nuisance Property shall be in violation and is subject to its remedies. Any property which becomes a chronic nuisance is in violation of this ordinance and is subject to its remedies.

 The procedure for Chronic Nuisance is:
 

1. Police documentation for at least two incidents within a sixty (60) day  period.  Criteria  includes  Disorderly Conduct, Unlawful Use of a Weapon, Mob Action, Discharging of a Firearm, Gambling, Drug Possession, Assault, Battery,  Sexual Abuse, Public Indecency, Prostitution, Criminal Damage, Possession of Alcohol by Minor and Garbage violations.
2. Police contact the County Tax Assessors Office to find the registered property owner.
3. Letters of notification are sent to the property owner by the police department .
4. Property owners are required to meet with  the Chief / Deputy Chief within 10 days.
5. Landlord / Owner comes to an agreement with the Chief or Deputy Chief on how the nuisance will be abated.  In many instances the problem tenants / residents are evicted by the landlord / owner.

The landlord / Owner may request the police to accompany the landlord / Owner,  to keep the peace, while serving eviction notices for chronic nuisance violations.  If the tenant refuses to move the landlord will be referred to the City Attorney for civil proceedings.
 
 

If the landlord / Owner refuses to abate the nuisance; civil court proceedings will be taken.  Penalties include; loss of the use of all of the property for not less than 30 days, and up to 180 days.  Additionally a fine up to $100.00 per day for each day the owner had knowledge the property was a public nuisance and allowed the property to remain a nuisance.

    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.

     The   law on Abatement   covers  violations of State Law to include: First Degree Murder, Kidnapping, Aggravated Kidnapping, Prostitution, Solicitation for Prostitution, Pandering, Obscenity, Child Pornography, Harmful Material, Sale of Obscene Publication, Criminal Housing Management, Possession of explosives, Unlawful use of Weapon, Sale of Firearms, Gambling, Keeping a gambling place, Concealing a fugitive, Violation of the Illinois Controlled Substance Act and Violation of the Cannabis Control Act.

The Controlled Substance Cannabis Nuisance Act governs the abatement of the nuisance created by drug houses.  The act defines a "nuisance" as any place at which or on which controlled substances are unlawfully sold, possessed, served, stored, delivered, manufactured, cultivated, given away, or used more than once within a period of one year.  A "place" is defined as any store, shop, warehouse, dwelling house, building apartment or any place whatever.

Procedure for Nuisance Abatement:

1. Violation(s) are found and documented by police
2. Police contact the County Tax Assessors ( Determine owners / interested parties)
3. Letters are sent to the landlord / owner by the police department.
4. Landlords are required to meet with the Chief / Deputy Chief within 10 days
5. Landlords / Owners may serve 5 day notice on person over 13 years  of age or posts the notice on the door of the residence when drugs are found on the property.  City Police will accompany the landlord / owner to keep the peace if the landlord / owner requests police assistance.  

            If tenants do not move, the landlord goes to the States Attorneys Office and the States Attorney will begin legal proceedings to evict the tenants.
 

Sanctions of the Violations:

1. Permanent injunction
2. Lien
3. Revocation
4. Temporary Restraining Order or Preliminary Injunction

 

Criminal Penalties:

A person convicted of knowingly maintaining a public nuisance commits a Class A misdemeanor.  Each subsequent offense is a Class 4 felony.

• Class A misdemeanor: up to 1 year imprisonment, fine up to $1000
 
• Class 4 felony : 1 to 3 years imprisonment, fine up to $10,000 if an individual or
• up to a $50,000 if a corporation

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