Legislation Details

File #: ORD 15-182    Name:
Type: Ordinance Status: Passed
In control: President and Board of Trustees
On agenda: 11/2/2015 Final action: 11/2/2015
Title: An Ordinance Amending Chapter 16 ("Nuisances"), Article 3 ("Criminal Nuisance Abatement"), Section 16-3-1 ("Defintions") of the Oak Park Village Code
Attachments: 1. ORDINANCE-Amending-Crime-Free-Housing-Program, 2. ILPA_099-0441_An_Act_Concerning_Local_Government

Submitted By                     

Tammie Grossman, Director of Development Customer Services

 

Reviewed By

LKS

 

Agenda Item Title

Title

An Ordinance Amending Chapter 16 (“Nuisances”), Article 3 (“Criminal Nuisance Abatement”), Section 16-3-1 (“Defintions”) of the Oak Park Village Code

 

End

Overview

Overview

Staff is recommending that the Ordinance be adopted to protect tennants that contact authorities in situations of domestic violence, sexual violence, or when disabled tenants are involved.  The State of Illinois recently passed an act specifically mandating such protections.

 

Body

Staff Recommendation

Approve the Ordinance.

 

Fiscal Impact

NA.

 

Background

On December 9, 2013 the Board amended chapters 12 and 16 of the Village Code to create a Crime Free Housing Program.  The program gives rental property owners a tool to ensure the safety tenants and neighbors.  As adopted, the program already has strong protections for survivors of sexual and domestic violence.  Chapter 13 also enumerates protections for the disabled. 

 

On August 21, 2015, the State of Illinois enacted Public Act Number 99-441 (the “Act”) which makes it unlawful for Home Rule Municipalities to enforce crime-free or chronic nuisance ordinances in a manner that would penalize tenants for contacting police or other emergency services in domestic abuse and sexual violence situations or where disabled tenants have contacted police or emergency services.  The Act goes into effect on November 19, 2015.  Staff is recommending that the Board adopt this Ordinance to align chapter 16 of the Village Code more closely to the Act.  A separate Ordinance is also on the Board meeting agenda which to amends section 12-2-12 (“Crime Free Housing”)  among other sections of chapter 12 (“Housing”) of the Village Code in this regard.

 

Alternatives

Subject to the Village Board’s discussion, staff will prepare any necessary amendments to the Village ordinances. Alternatively, the Village Board could choose to conduct a second reading on November 16.  Staff recommends adopting the amendments before the Illinois statute takes effect on November 19.

 

Previous Board Action

On December 9, 2013 the Board amended chapters 12 and 16 of the Village Code to create a Crime Free Housing Program.

 

Citizen Advisory Commission Action

NA.

 

Anticipated Future Actions/Commitments

NA.

 

Intergovernmental Cooperation Opportunities

NA.

 

Performance Management (MAP) Alignment

The Neighborhood Services Division is committed to working with all appropriate Village Departments to protect the fair housing rights of residents.