Elgin may modify ordinance regarding nuisance properties
By Mike Danahey firstname.lastname@example.org @DanaheyECN on Twitter November 4, 2013 4:22PM
Updated: December 6, 2013 6:20AM
ELGIN — The city council on Wednesday is set to consider modifying Elgin’s chronic-nuisance-property ordinance. It would change the time frame from three instances that count toward being declared a nuisance occurring in a 120-day period to three instances occurring within a 12-month period.
Currently, “when three or more instances of criminal activity or certain city ordinance violations occur on the property during any 120-day period as a result of three separate factual events, the city may declare the property to be a chronic nuisance and then initiate an abatement action,” the material states. “The abatement action authorizes the city to order the offending property closed and secured against all use and occupancy — including the removal of any tenants — for a period of 30 to 180 days.
“The city may also seek civil fines against the property owner in the amount of $100 to $1,000 per day for each day the property owner is shown to have had knowledge the property was a chronic nuisance and permitted the property to remain as a chronic nuisance.”
By changing the time frame, “if two violations occur within 120 days but a third violation does not occur until a short time later, neighbors have to endure the restarting of the violation clock. Extending the timing of violations also allows for more flexibility in enforcement options, as well as more time to effectively solve issues,” the material states.
Additional violation categories counted toward the three strikes would now include homicide, kidnapping and related offenses, theft, robbery, arson, trespass, interference with public officers, gang activity, property overcrowding, graffiti, loitering, noise and animal offenses.