Complaint and Notice of Hearing
Complaint and Notice of Hearing
Complaint and Notice of Hearing
Licensee.
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.
* * * *
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,
17-1-30: NOISE:
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:
S. Hit It! Fitness was found liable pursuant the citation and it was fined one hundred
dollars ($100.00).
9. From June to September 2020, the Village’s Police Departments has documented
the following noise complaints concerning Hit It Fitness:
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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.
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
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.
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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.
8a Oft
Tam’thie Grossman, Director
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