For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHRONIC NUISANCE PROPERTY. Property shall be property upon which any of the following occur:
(1) Three or more of the criminal offenses listed below have occurred during any 365-day period, or two or more of the following criminal activities during any 60-day period. Offenses shall be the result of separate factual events that have been independently investigated by a law enforcement agency:
(a) Any homicide offense as defined in ILCS Ch. 720, Act 5, §§ 9-1 et seq.;
(b) Any kidnapping offense as defined in ILCS Ch. 720, Act 5, §§ 10-1 et seq.;
(c) Any sexual assault, sexual abuse, or related offenses as defined in major sex offenses ILCS Ch. 720, Act 5, §§ 11-1.10 et seq., vulnerable victim offenses, ILCS Ch. 720, Act 5, §§ 11-9.1 et seq., prostitution offenses, ILCS Ch. 720, Act 5, §§ 11-14 et seq., or pornography offenses, ILCS Ch. 720, Act 5, §§ 11-20 et seq.;
(d) Assault or battery or any related offense as defined in ILCS Ch. 720, Act 5, §§ 12-1 et seq.;
(e) Criminal housing management as defined in ILCS Ch. 720, Act 5, §§ 12-5.1 and 12-5.1(a);
(f) Possession of explosives or incendiary devices as defined in ILCS Ch. 720, Act 5, § 20-2;
(g) Any offense involving deadly weapons as defined in ILCS Ch. 720, Act 5, § 20-2;
(h) Mob action as defined in ILCS Ch. 720, Act 5, § 25-1;
(i) Possession, manufacture, or delivery of controlled substances as defined in ILCS Ch. 720, Act 5, §§ 401 et seq.;
(j) Possession, cultivation, manufacture, or delivery of cannabis as defined in ILCS Ch. 720, Act 550, §§ l et seq.; except to the extent as is permitted under state law;
(k) Gambling as defined in ILCS Ch. 720, Act 5, § 28-1;
(l) Assault or battery or any related offense as defined in ILCS Ch. 720, Act 5, §§ 12-1 et seq., but not including domestic violence or sexual violence against the occupant, tenant, or guest of the property in compliance with ILCS Ch. 65, Act 5, §§ 1-2-1.5 et seq.;
(m) Public indecency as defined in ILCS Ch. 720, Act 5, § 11-9;
(n) Criminal damage to property as defined in ILCS Ch. 720, Act 5, §§ 21 et seq.;
(o) Illegal consumption or possession of alcohol as defined in ILCS Ch. 235, Act 5, §§ 1-1 et seq.
(2) Any property that the hearing officer has found is in violation of §§ 150.165(J) or 150.166(G) which has not corrected the violation within the time period ordered by the hearing officer for the city’s administrative adjudication system.
(3) Any property where the hearing officer has found three or more separate violations of §§ 94.13 Debris, garbage or trash or 94.16 Outside storage in residentially used or zoned areas of this municipal code that have required the city to abate the nuisance within a six-month period.
CRIMINAL OFFENSE.
(1) Criminal offenses only count for the purposes of this subchapter if an owner of the property, tenant, or person permitted to be at the property by an owner or tenant committed or participated in the offense.
(2) A criminal offense has occurred for the purposes of § 94.50(A) if conduct has resulted in a criminal conviction, pending indictment, or pending criminal charge or ticket.
CONTROL. The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.
OWNER. Any person, partnership, land trust, or corporation having any legal or equitable interest in the property. OWNER includes, but is not limited to:
(1) A mortgagee in possession in whom is vested:
(a) All or part of the legal title to the property; or
(b) All of part of the beneficial ownership and the right to the present use and enjoyment of the premises; or
(2) An occupant who can control what occurs on the property; or
(3) Any person acting as an agent of an owner as defined herein.
PERMIT. To allow, consent to, participate in or encourage, or expressly assent or agree to the doing of an act. A victim of domestic violence or sexual violence cannot be considered to have permitted a perpetrator’s act or actions. In no event shall any police contact that was made by, or on behalf of, or otherwise concerns an individual with a disability be used in the determination that a property is a chronic nuisance property when the purpose of the contact was related to that individual’s disability.
PROPERTY. Any real property, including that which is affixed, incidental or pertinent to land, including but not limited to any premises, room, house, building or structure or any separate part of portion thereof, whether permitted or not.
(Ord. 22-3670, passed 5-4-2022)