Identify the Problem
Gather Your Facts
Early Intervention
Formalize a Strategy
The Public Nuisance Process - Ordinance #64693
Identify the Problem
This is a most important step to ensure your block unit chooses the best solution. When identifying the problem, consider these questions:
- Is the problem with the physical condition of the property?
- Is the problem with the people living in the property?
- Is the problem caused by all household members or just a few specific members?
- Are the occupants being strictly inconsiderate or is criminal activity involved?
Gather Your Facts
Before your block unit starts making calls, it is wise to assemble all the information you have about the problem. Gather information from your neighbors, perhaps invite a few neighbors to meet with your NSO, as they can assist you with problem identification and recommend strategies. This is also a good time to remind everyone the importance of keeping a log of what they have witnessed. It will help you recall the timeline of events when contacting City officials and if it becomes necessary to take legal action, this will prove invaluable.
Early Intervention
Once your block unit has identified a problem property, early intervention is the best opportunity to resolve the issue quickly and quietly - with the least disruption to the community fabric of your block. Depending on the situation, informal intervention may not be appropriate, but it should always at least be considered.
As a block unit, you can contact the property owner and enlist his/her involvement. Does anyone on the block have a positive relationship with the owner or family? Polite non-confrontational, personal contact can resolve many smaller issues before they are allowed to escalate.
Formalize a Strategy
If your early intervention techniques are not resulting in success, then your block unit may decide to seek the assistance of the City. Realize though, that by calling the City, you cannot just "pass the buck" to city officials. Residents will need to stay involved in the resolution process to ensure city officials are informed of any changes or developments in the problem. If you have not already done so, now is a very good time to seek your NSOs advice about how to proceed. Some options include:
- Requesting city inspections via the CSB
- Contacting the Police Problem Property Officer for your district
- Reporting illegal activity to 241-COPS
- Calling 911 when incidents require it, being sure to tell the dispatcher the address of the property and that it is an on-going problem property.
- Your NSO might call a meeting with the property owner, police, city counselor and/or other NST staff members to put some pressure on the owner to take responsibility for his/her property.
- NST mails drug letters to property owners, notifying them of drug arrests on or in the property. NST receives information on drug arrests weekly from the Police Department.
- Finally, you might need to request that the property be placed on the Nuisance Committee agenda to be reviewed for legal action.
The Public Nuisance Process - Ordinance #64693
Definition of a Nuisance
Reporting and Assessment
Review Committee and Hearing Stages
Penalties
Appeals
Definition of a Nuisance
For the purpose of this ordinance, a nuisance is defined in the following way:
Any continuing act or physical condition made, permitted, allowed or continued on any property, public or private, or within any building or structure, by any person or legal entity which adversely affects the value, utility and habitability of property within the entire City, specifically causing substantial damage to nearby property, or adversely affecting the habitability and economic well being of the City as a whole. Specific nuisances may include, but are not limited to:
- Use or sale of controlled substances prohibited by federal, state, or local law.
- Excessive Noise and Peace Disturbances.
- Use of a building or permits for prostitution, or lewd and lascivious behavior.
- Use of firearms.
- Vacant or unused buildings which are open to entrance by unauthorized persons due to broken, missing or open windows, doors or other opening.
- Any building or lot within Zoning Districts A-H which is used for opening an unlicensed business repairing motor vehicles.
Reporting and Assessment
- A suspected nuisance is reported to the Citizen Service Bureau (622-4800). A designated reporter can be a police officer, Alderman, group of 3 or more residents, or the Neighborhood Stabilization Officer.
- The reported nuisance is referred to the Director of Public Safety who will assess the emergency nature of the situation. If the conditions are determined to be of an immediate danger to residents or neighbors, the Director will refer the situation immediately and bill the detailed costs of abatement to property owner.
- If the reported nuisance is not an emergency, the situation is forwarded to the Neighborhood Stabilization Team's Problem Property Coordinator who compiles detail regarding the case to be submitted for review by a Special Committee meeting every 2 weeks. The Special Committee consists of the Director of Public Safety or representative, the Building Commissioner, the Director of Neighborhood Stabilization and the Citizen Service Bureau, an Assistant City Counselor and the Problem Property Coordinator.
Review Committee and Hearing Stages
- The Review Committee will determine whether an actual nuisance situation exists. If no nuisance is found at this time, the situation is either referred to a more appropriate avenue for resolution, or monitored for months, then closed. If a nuisance indeed exists, abatement expectations will be communicated to the property owner by letter and/or posting of the property. In determining abatement expectations to be clearly stated in the "Cease and Desist" letter, the committee will be guided by such factors as: a) assumptions of expedient and continuous work; b) cost of abatement; and c) the impact on environment and public. A community meeting with relevant parties may be held in an effort towards resolution. The property owner is given no more than 30 days to abate the nuisance. If the owner fails to correct the situation, the case is referred for a hearing.
- The property owner and occupants are notified of the hearing. At the hearing, they will have the opportunity to be heard on the issues of whether a nuisance exists and /or whether the abatement recommendations of the Director are appropriate. Evidence is presented at a hearing through the Board of Building Appeals. The Hearing Officer considers all the testimony and evidence, rendering a decision as to penalties or further action to be undertaken.
Penalties
Penalties will include the cost of the abatement process, making the cost of the nuisance abatement a special assessment against the property to be collected at the same time and in the same manner as real property taxes. The special assessment is subject to the same penalties in case of delinquency as provided for real property taxes. Furthermore, fines will be assessed of no less than $100.00 nor more than $500.00 for each day the owner or tenant remains in noncompliance. In addition to a fine, the court may sentence the property owner to not more than 90 days imprisonment, and/or vacate the building, condemning it for occupancy for a period of up to one (1) year.
Appeals
If the property owner disagrees with the judgement of the hearing, they may appeal to the Circuit Court within ten (10) days.
Note: In the event that illegal drugs are found on the premises of the property, as determined by a police report and lab analysis, the Neighborhood Stabilization Team will notify the owner of the situation through a warning letter. If the owner does not adequately address the problem and the situation persists, or if accompanying complaints have been registered through CSB, nuisance abatement procedures will be initiated through Ordinance 64693.