§ 12.32. Procedure.

When the Chief of Police receives one or more police or code enforcement reports documenting the occurrence of a nuisance activity on or within a property, the Chief of Police shall independently review such reports to determine whether they constitute nuisance activities. Upon such findings, the Chief of Police may:

(a)

Notify the person who owns or is otherwise in control of the property in writing that the property is in danger of becoming a chronic nuisance property. The notice shall contain the following information:

(1)

The street address or legal description sufficient for identification of the property;

(2)

A statement that the Elmhurst Police Department has information that the property is in danger of becoming a chronic nuisance property, with a concise description of the nuisance activities that may exist or that have occurred;

(3)

Demand that the person who owns or is otherwise in control of the property respond to the Chief of Police within ten (10) days to discuss abatement of the nuisance activities;

(4)

Such notice shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person who owns or is otherwise in control of the property at the address of the property in danger of becoming, or is, a chronic nuisance property, or such other place which is likely to give the person who owns or is otherwise in control of the property notice of the determination by the Chief of Police;

(5)

A copy of the notice shall be served on the taxpayer of record at such address as shown on the tax rolls of the county at the address of the property if such person is different from the person who owns or is otherwise in control of the property, and shall be made either personally or by first class mail, postage prepaid;

(6)

A copy of the notice shall be served on any mortgagee of record, if any, at such address as shown on any mortgage recorded with the County Recorder's office and shall be made either personally or by first class mail, postage prepaid;

(7)

The failure of any person to receive notice that the property is in danger of becoming a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this Section.

(b)

After complying with the notification procedures described herein, if the Chief of Police receives a police or code enforcement report documenting the occurrence of a third nuisance activity at or within a property and determines that the property has become a chronic nuisance property, the Chief of Police shall notify the person who owns or is otherwise in control of the property in writing of such determination. The notice shall contain the following:

(1)

The street address or legal description sufficient for identification of the property;

(2)

A statement that the Elmhurst Police Department has determined the property to be a chronic nuisance property, with a concise description of the nuisance activities leading to the determination;

(3)

A demand that the person who owns or is otherwise in control of the property respond within ten (10) days to the Chief of Police and propose a course of action reasonably acceptable to the Chief of Police that will abate the nuisance activities giving rise to the violation;

(4)

Such notice shall be made either personally or by first class mail, postage prepaid, return receipt requested, addressed to the person who owns or is otherwise in control of the property at the address of the property determined to be a chronic nuisance property, or such other place which is likely to give the person who owns or is otherwise in control of the property notice of the determination by the Chief of Police;

(5)

A copy of the notice shall be served on the taxpayer of record at such address as shown on the tax rolls of the county at the address of the property if such person(s) is/are different from the persons who owns or is otherwise in control of the property, and shall be made either personally or by first class mail, postage prepaid;

(6)

A copy of the notice shall be served on any mortgagee of record, if any, at such address as shown on any mortgage recorded with the County Recorder's office and shall be made either personally or by first class mail, postage prepaid;

(7)

The failure of any person to receive notice that the property has been determined to be a chronic nuisance property shall not invalidate or otherwise affect the proceedings under this Section.

If after notification, but prior to the commencement of legal proceedings by the City pursuant to this Article, a person who owns or is otherwise in control of the property stipulates with the Chief of Police that the person who owns or is otherwise in control of the property will pursue a course of action, acceptable to the Chief of Police, that will abate the nuisance activities giving rise to the violation, the Chief of Police may to postpone legal proceedings for a period of not less than ten (10) nor more than thirty (30) days, except in the case of a nuisance activity as provided herein where a search warrant was executed at the property. If the agreed course of action does not result in the abatement of the nuisance activity or if no acceptable course of action concerning the abatement is submitted within thirty (30) days, the Chief of Police shall request authorization for the City Attorney to commence an administrative hearing or court proceeding to abate the nuisance.

(Ord. 19-2007 § 1 (part))