For purposes of this chapter, the definitions of words and phrases set forth in § 121.01 of this code shall apply to this chapter except for the word "owner." In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHIEF OF POLICE. The Chief of Police of the City of Oakbrook Terrace, Illinois, or his designee.
CHRONIC NUISANCE PROPERTY. Property upon which three or more nuisance activities within a 180-day period have occurred as a result of any three separate factual events that have been independently investigated by any law enforcement or administrative agency.
CONTROL. The ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property.
NUISANCE ACTIVITIES. Any of the following activities, behaviors, or conduct, as defined by city ordinance or federal or state law:
(1) Disorderly conduct as defined in §26-1 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §26-1), or §137.02 of the Code of Oakbrook Terrace, Illinois;
(2) Unlawful use of weapons as defined in §24-1 et seq. of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§24-1 et seq.) or §138.01 of the Code of Oakbrook Terrace, Illinois;
(3) Mob action as defined in §25-1 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §25-1);
(4) Discharge of a firearm as defined in §§24-1.2 and 24-1.5 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§24-1.2 and 1.5);
(5) Unlawful possession of firearms and firearm ammunition as defined in § 138.03 of the Code of Oakbrook Terrace, Illinois;
(6) Gambling, as defined by §28-1 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §28-1) or § 134.02 of the Code of Oakbrook Terrace, Illinois;
(8) Public indecency as defined by §11-30 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §11-30) or §133.01 of the Code of Oakbrook Terrace, Illinois;
(10) Endangering the life or health of a child as defined in §12C-5 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§12C-5 et seq.), or § 139.03 of the Code of Oakbrook Terrace, Illinois;
(11) Contributing to the delinquency of a child as defined in §12C-30 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§12C-30 et seq.), or § 139.04 of the Code of Oakbrook Terrace, Illinois;
(12) Sexual abuse or related offense as defined in §§11-1.50 et seq. of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§11-1.50 et seq.);
(13) Prostitution as defined in §§11-14 et seq. of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§11-14 et seq.);
(14) Criminal damage to property as defined in §§21-1 et seq. of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §§21-1 et seq.);
(15) Except as otherwise provided in the Cannabis Regulation and Tax Act and the Industrial Hemp Act, possession, cultivation, manufacture or delivery of cannabis, as defined in the Cannabis Control Act, (ILCS Ch. 720, Act 550, §§1 et seq.), or possession of cannabis as defined in §§ 136.21, 136.22 and 136.23 of the Code of Oakbrook Terrace, Illinois;
(17) Criminal housing management as defined in §12-5.1 of the Criminal Code of 2012, (ILCS Ch. 720, Act 5, §12-5.1);
(18) Height limit on grass and plants as defined in § 94.01 of the Code of Oakbrook Terrace, Illinois;
(20) Zoning ordinance violation as defined in Chapter 156 entitled "Zoning" of the Code of Oakbrook Terrace, Illinois;
(21) Property Maintenance Code violation as defined in Chapter 157 entitled "Property Maintenance Code" of the Code of Oakbrook Terrace, Illinois;
(22) Electrical Code violation as defined in Chapter 157 entitled "Electrical Code" of the Code of Oakbrook Terrace, Illinois;
(23) Plumbing Code violation as defined in Chapter 157 entitled "Plumbing Code" of the Code of Oakbrook Terrace, Illinois;
(24) Activity that constitutes a violation of a felony under federal or state law or a Class A misdemeanor pursuant to Illinois law.
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 who is vested with:
(a) All or part of the legal title to the property;
(b) All or part of the beneficial ownership and the rights to the present use and enjoyment of the premises.
(2) A tenant or 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 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, corporation or other entity capable of owning, occupying or using property.
PERSON OTHERWISE IN CONTROL. Any person in actual or constructive possession of a property including, but not limited to, an owner, tenant or occupant of property under his or her ownership or control.
PROPERTY. Any real property, including land and 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 or portion thereof, regardless of whether the use of same and/or the use/existence of buildings, structures or parts thereof is lawful under state law or city ordinance.
(Ord. 18-32, passed 9-11-18; Am. Ord. 21-24, passed 8-24-21)