For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHRONIC NUISANCE PROPERTY. Property upon which three or more of the nuisance activities listed below have occurred during any 120 day period, as a result of any three separate factual events that have been independently investigated by any law enforcement agency. These events must proven in a court or through a local adjudication process either through convictions of record, or pleas amounting to admissions, 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:
(1) "Disorderly conduct" as defined in ILCS Ch. 720, Act 5, § 26-1;
(2) "Unlawful use of weapons" as defined in ILCS Ch. 720, Act 5, §§ 24-1 et seq.;
(3) "Mob action" as defined in ILCS Ch. 720, Act 5, § 25-1;
(4) "Discharge of firearm" as defined in ILCS Ch. 720, Act 5, § 24-1.2 and 1.5;
(5) "Gambling" as defined in ILCS Ch. 720, Act 5, § 28-1;
(6) "Possession, manufacture or delivery of controlled substances" as defined in ILCS Ch. 720, Act 570, §§ 401 et seq.;
(7) "Public indecency" as defined in ILCS Ch. 720, Act 5, § 11-9;
(8) "Assault or battery or any related offense" as defined in ILCS Ch. 720, Act 5, §§ 12-1 et seq.;
(9) "Sexual abuse or related offense" as defined in ILCS Ch. 720, Act 5, §§ 12-15 et seq.;
(10) "Prostitution" as defined in ILCS Ch. 720, Act 5, § 11-14 et seq.;
(11) "Criminal damage to property" as defined in ILCS Ch. 720, Act 5, §§ 21-1 et seq.;
(12) "Possession, cultivation, manufacture or delivery of cannabis" as defined in ILCS Ch. 720, Act 550, §§ 3 et seq.;
(13) "Illegal consumption or possession of alcohol" as defined in ILCS Ch. 235, Act 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 Winthrop Harbor or the Circuit Court of the Nineteenth 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:
(1) The person, persons, entity or entities which hold record legal title to a property;
(2) A mortgagee in possession in whom is vested:
(a) All or part of the legal title to the property;
(b) All or part of the beneficial ownership and the right to the present use and enjoyment of the premises; and
(3) 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 Winthrop Harbor.
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 and separate part or portion thereof, whether permitted or not.
(Ord. 2015-O-21, passed 10-6-15)