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Tuesday, May 22, 2012

New Antioch law targets nuisance renters

Updated: January 25, 2011 2:40AM



Village officials want more ammunition in their battle against properties with reoccurring code and criminal violations.

It’s still a work in progress, but the proposed Abatement of Chronic Nuisance Properties Ordinance gives officials the means to deal with chronic violations. It also aims to increase the accountability of property owners and property managers.

The proposal being discussed is based on a Mundelein ordinance successfully used to address the same kinds of nuisance issues Antioch is facing, said Community Development Director Dustin Nilsen.

“Given the sensitivity to personal and property rights and in order to ensure the ordinance has defensible and explicit safeguards for all parties, the draft is currently undergoing additional legal and staff review,” Nilsen said.

He recently introduced the draft ordinance to village officials, pointing out that Antioch already has a nuisance ordinance, but it does not address chronic nuisances.

Police Chief Craig Somerville sees it as a tool to help the village deal with problem property owners, property managers and tenants.

“This could be used to banish chronic offenders from properties and make landlords more accountable,” adding that education would be a component of the new law. “I would especially like to give landlords and managers the resources to help them get rid of problem tenants, or at least be self-enforcing before the village has to take action against them.”

Somerville said he has a good working relationship with almost all landlords and their property managers, but a growing problem with drugs and gangs is forcing officials to seek stronger measures.

“I want to prevent serious problems from taking root,” Somerville said. “We’ve already had our fair share of problems. The object is to clean the place up and get the bad people out before it gets out of control.”

The proposed ordinance defines a chronic nuisance as a property where three or more nuisance activities have been reported to police. This could include reports of loud and obnoxious noises, public drinking, disorderly conduct, unlawful use of weapons, mob action, gambling, possession or manufacture of drugs, public indecency, assault or battery, prostitution, illegal drinking or criminal damage to property. It could also include chronic problems with garbage and debris removal.

Village Attorney Robert Long said the village already has some enforcement power against these problems but no clear standards that lay out the consequences for chronic offenders. He said the proposed ordinance will help the village successfully take offenders to court.

“A judge is more likely to enforce an ordinance that lays out clear consequences,” Long said.

The owner of a property deemed a chronic nuisance could be fined from $100 to $500 per day for each day the property remains a nuisance. The village can seek emergency closure of a property if they don’t agree to a remedy with the property owner.

The ordinance outlines the procedures for closing a property, both temporarily and permanently.

Mayor Lawrence Hanson said he doesn’t want residents to think the community has a huge problem.

“The goal is to send a strong message that we won’t tolerate some behaviors,” he said.

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