ACTION REQUESTED:
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Communication from the City Manager and Corporation Counsel with a Request to ADOPT an ORDINANCE Amending Article VIII of Chapter 20 of the CODE of the City of Peoria Regarding CHRONIC NUISANCE PROPERTY.
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BACKGROUND:
On August 21, 2015, Governor Rauner signed into law Public Act 99-441 which prohibits any municipality from enacting or enforcing any ordinance or regulation that penalizes tenants or landlords based on (A) police calls that were intended to prevent or respond to domestic or sexual violence or that were made on behalf of an individual with a disability, (B) incidents of actual or threatened domestic or sexual violence, or (C) criminal activity or ordinance violations that are directly related to domestic or sexual violence. A municipality that is in violation of P.A. 99-441 is subject to suit for declaratory and injunctive relief, money damages, and attorneys' fees and costs.
Soon after the effective date of P.A. 99-441, the Sargent Shriver National Center on Poverty Law and the Illinois ACLU sent letters to municipalities throughout the State requesting that their respective crime-free ordinances be amended to comply with P.A. 99-441. Although the City of Peoria was not among the municipalities that received such letter, the City of Peoria should ensure that it is in compliance with the Public Act. The sections in Article VIII of Chapter 20 of the City Code pertaining to chronic nuisance property have never been interpreted or applied to penalize victims of domestic or sexual violence or individuals with disabilities. But in order to be clearly in compliance with Public Act 99-441, staff recommends that the City Council adopt this Ordinance amending Article VIII of Chapter 20 of the City Code.
FINANCIAL IMPACT: Not applicable.
NEIGHBORHOOD CONCERNS: Not applicable.
IMPACT IF APPROVED: The City will be clearly in compliance with Public Act 99-441.
IMPACT IF DENIED: The City will be vulnerable to o...
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