HomeMy WebLinkAboutG31-19 Ordinance No. G31-19
AN ORDINANCE
AMENDING CHAPTER 10.44 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "CHRONIC NUISANCE PROPERTY"
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to provide for the abatement of chronic nuisance properties within the City; and
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate authorities of each
municipality may define, prevent and abate nuisances; and
WHEREAS,the City of Elgin is a home rule municipality as defined in Article VII, Section
6A of the 1970 constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function pertaining
to its government and affairs; and
WHEREAS, the definition of and abatement of chronic nuisance properties pertains to the
government and affairs of the City of Elgin; and
WHEREAS, properties used for the purpose of the commission of illegal acts are directly
and indirectly injurious to the public health, safety, peace and welfare;
WHEREAS, properties on which ongoing instances of illegal acts occurs encourage other
unlawful activities, diminish property values in that area, and cause or threaten to cause danger to
persons and/or properties in that area; and
WHEREAS, the City Council of the City of Elgin has found previously and continues to
find that properties on which ongoing instances of illegal acts occur constitute and are declared to
be public nuisances that shall be abated.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
"Chronic Nuisance Property," Section 10.44.010 thereof, entitled "Abatement of Chronic
Nuisance Properties," be and is hereby amended to add a new Subsection 10.44.010.C, to read as
follows:
"C. Any other provision of this chapter notwithstanding, this chapter shall be
interpreted and enforced in accordance with section 1-2-1.5 of the Illinois
Municipal Code (65 ILCS 5/1-2-1.5), as amended, and shall not be construed
in such a manner so as to penalize any tenant or landlord based upon calls for
service for the activities or incidents that are set forth in said statute, as
amended."
Section 2. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
"Chronic Nuisance Property," Section 10.44.020 thereof, entitled "Definitions," be and is hereby
amended by amending subparagraph "S" under the definition of"Chronic Nuisance Property," to
read as follows:
"S. Violations of subsection 9.40.470.A or subsection 16.12.020 sec. 302.4 of this
code, as amended, relative to property care and maintenance."
Section 3. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
"Chronic Nuisance Property," Section 10.44.020 thereof, entitled "Definitions," be and is hereby
amended by amending subparagraph "U" under the definition of"Chronic Nuisance Property," to
read as follows:
"U. Violations of subsection 9.36.030, subsection 16.12.020 sec. 30 .8, or
subsection 16.12.020 sec. 308 et seq., of this code, as amended, relative to
rubbish and garbage."
Section 4. That Chapter 10.44 of the Elgin Municipal Code, 1976, as amended, entitled
"Chronic Nuisance Property," Section 10.44.020 thereof entitled "Definitions," be and is hereby
amended to add subparagraph "BB" under the definition of"Chronic Nuisance Property," to read
as follows:
"BB. Any offense defined and prohibited by the Drug Paraphernalia Control Act,
720 Illinois Compiled Statutes 600/1 et seq.,as amended,or by Chapter 10.25,
"Drug Paraphernalia Control", of this title, as amended."
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 6. That this ordinance shall be in full force and effect immediately after its passage
and publication in the manner provided by law.
.(1fa/
l/i..
David J. Kap in, M.i"or
Presented: July 10, 2019
Passed: July 10, 2019
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: July 10, 2019
e£'uFf s:•z�m..
Published: July 12, 2019 y:, .,� r
Attes 467/1,k/A
-L Lia-+c
:
Kimberly Dewis, ity Clerk :-0,4`. --11Y
, E- : =_
2