[HISTORY: Adopted by the Board of Trustees of the Village
of LeRoy 7-21-2021 by L.L. No.
4-2021. Amendments noted where applicable.]
Nuisance properties negatively impact the general health, safety,
and welfare of the community. The negative impacts of nuisance properties
are exacerbated when the persons responsible for such properties fail
to take timely corrective action to abate a nuisance condition. Repeated
service calls to properties with unabated nuisance conditions create
a significant financial burden for the Village. This chapter is enacted
to provide a process for ensuring the abatement of nuisance conditions
on properties within the Village. This chapter is not the exclusive
remedy of the Village, and the Village may avail itself of any other
remedy available under state or local law.
For purposes of this chapter, the following words or phrases
shall have the meanings prescribed below:
To repair, replace, remove, destroy, or otherwise remedy
a condition that constitutes a violation of this chapter by such means,
and in such a manner and to such an extent as the applicable Village
department head or designee determines is necessary in the interest
of the general health, safety and welfare of the community.
The ability to regulate, restrain, dominate, counteract,
or govern property or conduct that occurs on a property.
Any violation of state or local law occurring on a property
that results in a ticket, citation, or arrest, except where the responsible
party, as defined herein, is the victim of a crime that was committed
on the property, or within 200 feet of the property, and would otherwise
qualify as a nuisance activity.
A property on which, or within 200 feet of which, three or more
nuisance activities, as defined herein, occur within any consecutive
ninety-day period; and/or
A property on which, or within 200 feet of which, six or more
nuisance activities, as defined herein, occur within any consecutive
twelve-month period.
Any natural person, joint venture, partnership, association,
club, company, corporation, business trust, organization, or entity,
including any manager, lessee, agent, officer, or employee of any
of them.
Any person(s), as defined herein, who owns, occupies, or
controls the property, including any developer, builder, or operator
of the property.
Any public or private building, structure, lot, parcel, dwelling,
rental unit, real estate, or land or portion thereof, including property
used as residential or commercial property.
Any property within the Village that qualifies as a nuisance
property under the terms of this chapter shall be in violation of
this chapter and subject to its remedies. In addition, any person
responsible for a nuisance property under the terms of this chapter
shall be in violation of this chapter and subject to its remedies.
A.
When the Code Enforcement Office receives documentation from a police
agency, Village official, or concerned resident indicating that a
property is a nuisance property, the Code Enforcement Officer shall
review such documentation and determine whether the property qualifies
as a nuisance property. Upon such a determination, the Code Enforcement
Office shall provide the person responsible with a written warning
that the property is in danger of being declared a nuisance property.
(1)
The warning shall contain each of the following items:
(a)
The street address of the property or a legal description sufficient
for identification of the property.
(b)
A concise description of the nuisance activities that exist,
or that have occurred, on the property.
(c)
A demand that the nuisance activities be abated within 30 days
of the date of the warning.
(d)
An offer to discuss with the Code Enforcement Office alternative
plans to abate the nuisance activities on the property, subject to
the sole discretion of the Code Enforcement Office to approve any
such alternative abatement plan.
(2)
Notice that failure to abate the nuisance activities within 30 days
of the date of the warning, or agree on an alternative abatement plan
approved by the Code Enforcement Office within 30 days of the date
of the warning, may result in fines under this chapter and/or the
commencement of legal action that may, among other things, seek the
closure of the property.
B.
The Code Enforcement Office shall post on the property a copy of
any warning and/or notice of violation and/or notice of fine issued
under this chapter and shall send the same via United States Mail
to the person responsible and the owner(s) of the property at the
address indicated for the owner(s) on the most recent tax assessment
roll.
C.
If the person responsible fails to timely respond to the warning or receive additional time from the Code Enforcement Office to abate the nuisance activities on the property, the Code Enforcement Office shall issue a notice of violation declaring the property to be a nuisance property and imposing on the person responsible a civil infraction fine in an amount not to exceed $1,000, but in no event shall the fine be less than $750. Such notice of violation shall be provided to the person responsible as set forth above in Subsection B.
D.
If the person responsible fails to abate the nuisance activities
within 30 days of the date of the notice of violation, the Code Enforcement
Office shall:
(1)
Impose an additional civil infraction fine in the amount of $100 per day until the nuisance activities on the property are abated and provide notice of the fine to the person responsible as set forth above in Subsection B; and
(2)
Refer the matter to the Village Attorney and/or Village Board of
Trustees for further action, including the commencement of legal action
against the person responsible.
E.
If at any point during the procedure for declaring a nuisance property
the person responsible agrees with the Village on a plan to abate
the nuisance activities on the property, subject to the sole discretion
of the Code Enforcement Office to approve any such abatement plan,
any accruing daily fines shall be tolled. Notwithstanding the foregoing,
all accrued fines shall be due and owing by the person responsible,
regardless of any plan accepted by the Code Enforcement Office to
abate the nuisance activities on the property.
F.
It is a defense to an action or fine under this chapter that the
person responsible, at all material times, could not, in the exercise
of reasonable care or diligence, determine that the property had become
a nuisance property, or could not, in spite of the exercise of reasonable
care and diligence, control the conduct leading to the determination
that the property is a nuisance property.
A.
Once the Code Enforcement Office refers a nuisance property to the
Village Attorney and/or Village Board of Trustees, the Attorney and
Board shall promptly review the matter and make a determination whether
to initiate legal action against the property and/or the person responsible.
B.
The Village Attorney, with direction from the Village Board, may
initiate legal action against a nuisance property and/or the person
responsible in any court of competent jurisdiction, and seek civil
penalties and costs for the abatement of the nuisance, including injunctive
relief, whether temporary, preliminary, or permanent, via a court
order closing the property during the pendency of the action and/or
until the nuisance activities are abated, but in no event for longer
than one year after a final judgment in any such action.
C.
In determining whether a property shall be deemed a nuisance property
and subject to the court's jurisdiction, the Village shall have
the initial burden of proof to show by a preponderance of the evidence
that the property is a nuisance property.
D.
Once the court determines that the property is a nuisance property
under this chapter, the court may impose a civil penalty, in addition
to any civil infraction fines previously imposed by the Code Enforcement
Office, against any person responsible, and may order any other relief
deemed appropriate. In assessing the civil penalty, the court may
consider the following factors, citing to those found applicable:
E.
The court that determined the property to be a nuisance property
shall also assess costs against the person responsible in an amount
equal to the cost to the Village to abate, or attempt to abate, the
nuisance activities on the property.
F.
If the court determines the property to be a nuisance property, the
court shall order the property closed and secured against all unauthorized
access, use, and occupancy for a period up to one year after a final
judgment in the action and shall also assess costs against the person
responsible in an amount equal to the cost to the Village to secure
and close the property. Once a determination has been made by the
court that the nuisance property shall be subject to closure, the
court may authorize the Village to physically secure the premises
and initiate such closure.
G.
Any civil judgment awarding monetary relief to the Village may be
filed with the Village Clerk, who shall cause the same to be filed
as a lien on the subject property. The Village shall file a formal
lis pendens notice on the subject property when any legal action is
commenced under this chapter.
H.
The court shall retain jurisdiction during any period of closure
or abatement of the property.
Nothing in this chapter prohibits the Village from taking any
emergency action for the summary closure of property when it is necessary
to avoid an immediate and substantial threat to the general health,
safety, and welfare of the community. The Village may take summary
action to close property without complying with the notification provisions
of this chapter, but shall provide such notice as is reasonable under
the circumstances.
