VILLAGE OF OAK PARK, COOK COUNTY, ILLINOIS

In re: HIT IT! FITNESS, Inc.,

No. 2020-1

Licensee.

COMPLAINT AND NOTICE OF HEARING

To: Ms. Constance Contursi or any officer or employee, Hit It! Fitness, Inc., 811 South
Boulevard, Oak Park, Illinois 60304

You are hereby notified that pursuant to Section 8-1-14(C)(2) and Section 17-1-30 of the
Oak Park Village Code (“Village Code”), Village Manager Cara Pavlicek shall hold a remote hearing
on November 24, 2020 at 9:00 a.m. to determine whether Hit It! Fitness, Business License No.
2020999556 (hereinafter “Hit It! Fitness”), should be suspended or revoked upon the following
charges:

CHARGE

COUNT I — NOISE

1. A Village of Oak Park (“Village”) business license was granted to Hit It! Fitness on
April 1, 2020, which will expire on March 31, 2021, to operate a private health club at 811 South
Boulevard, Oak Park, Illinois 60304 (“Property”). Pursuant to Section 8-38-2 of the Village Code,
a business license is necessary for the Licensee to operate a private health club business.

2. Section 8-1-14(C) of the Village Code provides as follows:

Licenses issued under the ordinances of the Village, unless otherwise

provided, may be revoked by the Village Manager after notice and hearing
as provided in subsections 8-1-14(D) and (E) of this section for any of the
following causes:

* * * *

2. Any violation by the licensee or permittee of the ordinance

provisions relating to the license or permit, the subject matter of the
license or permit, or the premises occupied.

3. On August 4, 2020, Hit It! Fitness was issued a citation that it was in violation of
Section 17-1-30 of the Village Code for playing music in such a manner to disturb the peace, quiet
and comfort of neighboring inhabitants,

4. Section 17-1-30 of the Village Code provides as follows:

17-1-30: NOISE:

It shall be unlawful for any person to make, continue to cause to be made or

continue any loud, unnecessary, prolonged or unusual noise which disturbs the
peace of others.

The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this section, but said enumeration shall not be
deemed to be exclusive, namely:

B. The using, operating or permitting to be played, used or operated any radio

receiving set, musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants or at any time with louder volume
than is necessary for convenient hearing for the person or person who are in the
room, vehicle or chamber in which such machine or device is operated and who
are voluntary listeners thereto.

S. Hit It! Fitness was found liable pursuant the citation and it was fined one hundred
dollars ($100.00).

6. On November 5, 2020, a Village inspector arrived at the Property and observed

music that could be heard from approximately fifty (50) feet from the front door.

7. On November 6, 2020, a Village inspector arrived at the Property and observed

music that could be heard approximately fifty (50) feet from the front door,

8. On November 7, 2020, a Village inspector arrived at the Property and observed

music that could be heard approximately fifty (50) feet from the front door.

9. From June to September 2020, the Village’s Police Departments has documented
the following noise complaints concerning Hit It Fitness:

a) Report 1*20-02883 (June 11, 2020);

b) Report #20-02890 (June 12, 2020);
c) Report #20-02906 (June 13, 2020);
d) Report #20-04003 (July 25, 2020);
e) Report #20-04187 (August 2, 2020);
1) Report #20-04230 (August 4, 2020); and
g) Report #20-05528 (September 29, 2020)

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 WHEREFORE, the Village 5eeks the revocation of Hit It! Fitness’ business license pursuant
to Sections 8-1-14(C) of the Village Code for the violations of the Village set forth In this Count I
and for such further relief as is just and proper.

COUNT II — NUISANCE

1. Count I above and the paragraphs contained therein are Incorporated herein as
though fully set forth.

2. Pursuant to Count I above, Hit Iti Fitness continued operation as a business in the
Village constitutes a nuisance and a clear and present danger to the public health, safety and
general welfare pursuant to Section 8-1-14(C) of the Village Code.

3. Section 16-1-4 of the Village Code provides as follows:

16-1-4: SCHEDULE OF NUISANCES GENERALLY:

The following acts are declared to be nuisances as well as and in addition to any
other act, omission of act occupation or use of property or premises, equipment
or structure deemed to be a nuisance as declared in any other section of the Code
or other ordinances of the Village.

S * S S

P. Except in cases of emergencies it shall constitute a nuisance for any person to

conduct any building operations between the hours of six o’clock (6:00) P.M. and
seven o’clock (7:00) A.M. including the operation or the use of any pile drivers,
steam shovels, pneumatic hammers, derricks, steam or electric hoists or other
apparatus, the use of which is attended with loud or unusual noise, in any block in
which more than one-hall (‘/2) of the buildings on either side of the street are used
exclusively for residence purposes.

4. Section 16-1-5 of the Village Code provides as follow5:

16-1-5: VIOLATIONS OF ORDINANCES OF THE VILLAGE OF OAK PARK

Any violation of the provisions of the ordinances of the Village of Oak Park relating
to housing, dangerous buildings, disposition of garbage, noise, food and food
establishments, gambling, health and sanitation, smoke abatement, diseased
trees and weeds is declared a nuisance and subject to abatement as provided
herein.

5. Section 16-1-6 of the Village Code provides as follows:

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 16-14: REPEATED VIOLATIONS OF THE LAW

The repeated violation of any of the provisions of the ordinances of the Village of
Oak Park, the statutes of the state of Illinois or the United States Code or
regulations adopted thereunder, is declared a nuisance and subject to abatement
as provided herein.

6. Pursuant to the above violations of the Village Code, the operation of Hit ItI Fitness
as a private health club constitutes a nuisance and Hit It! Fitness’ business license should be
revoked for said violations.

WHEREFORE, the Village seeks the revocation of Hit It! Fitness business license pursuant
to Sections 8-1-14(C) oF the Village Code and for such further relief as is just and proper.

At the hearing on the above charges, the Licensee 5hall be given the opportunity to appear
and defend itself against the above charges. The Licensee may be represented by an attorney at
the hearing and you may call witnesses, cross examine witnesses and introduce evidence on its
own behalf.

VILLAGE OF OAK PARK

8a Oft
Tam’thie Grossman, Director
-

Development Customer Services

Tammie Grossman, Director

Development Customer Services
Village of Oak Park
123 Madison Street
Oak Park, Illinois 60302
(708) 386-5422