A. Any certain property within the village of Antioch which becomes a chronic nuisance property is in violation of this chapter and subject to its remedies.
B. Any person in charge who permits property under his or her ownership or control to be a public nuisance property is in violation of this chapter and subject to its remedies. (Ord. 11-08-13, 8-15-2011)
As used in this chapter, the following terms shall have the meanings set forth below:
CHRONIC NUISANCE PROPERTY: Property upon which three (3) or more of the nuisance activities listed below have occurred during any one hundred twenty (120) day period, as a result of any three (3) separate factual events that have been independently investigated by any law enforcement agency. These events must be proven in a court or through a local adjudication process either through convictions of record, or pleas amounting to admissions of guilt, irrespective of whatever sentence may have been given or agreed to in a negotiated plea. Court action or adjudication process on local ordinances equivalent to the below cited state law violations will be considered to be violations sufficient to support the charge that a property falls within this definition:
A. "Disorderly conduct" as defined in 720 Illinois Compiled Statutes 5/26-1;
B. "Unlawful use of weapons" as defined in 720 Illinois Compiled Statutes 5/24-1 et seq.;
C. "Mob action" as defined in 720 Illinois Compiled Statutes 5/25-1;
D. "Discharge of firearm" as defined in 720 Illinois Compiled Statutes 5/24-1.2 and 1.5;
E. "Gambling" as defined in 720 Illinois Compiled Statutes 5/28-1;
F. "Possession, manufacture or delivery of controlled substances" as defined in 720 Illinois Compiled Statutes 570/401 et seq.;
G. "Public indecency" as defined in 720 Illinois Compiled Statutes 5/11-30;
H. "Assault or battery or any related offense" as defined in 720 Illinois Compiled Statutes 5/12-1 et seq.;
I. "Sexual abuse or related offense" as defined in 720 Illinois Compiled Statutes 5/11-1.50 et seq.;
J. "Prostitution" as defined in 720 Illinois Compiled Statutes 5/11-14 et seq.;
K. "Criminal damage to property" as defined in 720 Illinois Compiled Statutes 5/21-1 et seq.;
L. "Illegal consumption or possession of alcohol" as defined in 235 Illinois Compiled Statutes 5/6-16 et seq.
CONTROL: The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
COURT: Either the adjudication court established and maintained by the village of Antioch or the circuit court of the 19th judicial circuit, Lake County, Illinois, as to matters within the jurisdiction of each adjudicative body.
OWNER: Any person, agent, firm or corporation having any legal or equitable interest in the property. Owner includes, but is not limited to:
A. The person, persons, entity or entities which hold record legal title to a property.
B. A mortgagee in possession in whom is vested:
1. All or part of the legal title to the property,
2. All or part of the beneficial ownership and the right to the present use and enjoyment of the premises.
C. Any tenant or other occupant who has the right or ability to control what occurs on the property.
PERMIT: To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
PERSON: Any natural person, association, partnership or corporation capable of owning or using property in the village of Antioch.
PERSON IN CHARGE: Any person in actual or constructive possession of a property, including, but not limited to, an owner, occupant of property under his or her domain, ownership or control.
PROPERTY: Any real property, including land, which is affixed, incidental or pertinent to land, including, but not limited to, any premises, room, house, building or structure or separate part or portion thereof, whether permitted or not. (Ord. 11-08-13, 8-15-2011; amd. Ord. 15-10-11, 10-5-2015; Ord. 19-12-42, 12-9-2019)
A. In the event a court determines property to be a chronic nuisance property, the court may order that the property be closed and secured against all use and occupancy for a period of not less than thirty (30) days, but not more than one hundred eighty (180) days or the court may employ any other remedy available in law or equity deemed by it to be appropriate to abate the nuisance.
B. In addition to the remedies provided in subsection A of this section, the court may impose upon the owner of the property a civil penalty in the amount of not less than one hundred dollars ($100.00) per day up to five hundred dollars ($500.00) per day, payable to the village of Antioch, for each day the owner had actual knowledge that the property was a chronic nuisance property and permitted the property to remain chronic nuisance property.
C. In determining what remedy or remedies shall be employed, the court may consider evidence of other conduct which has occurred on the property, including, but not limited to:
1. The disturbance of neighbors;
2. The recurrence of loud and obnoxious noises;
3. Repeated consumption of alcohol in public. (Ord. 11-08-13, 8-15-2011)
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