Elmhurst |
Code of Ordinances |
Chapter 12. NUISANCES, NOISE AND DANGEROUS BUILDINGS |
Article IV. Chronic Nuisance Properties |
§ 12.31. Definitions.
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
"Chief of Police" means the Chief of Police of the City of Elmhurst or his designee.
"Chronic nuisance property" means property upon which three or more nuisance activities within a one hundred eighty (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" means the ability to regulate, restrain, dominate, counteract, or govern conduct that occurs on that property.
"Nuisance activities" means any of the following activities, behaviors, or conduct, as defined by City ordinance or federal or state law:
(1)
Disorderly conduct as defined in 720 ILCS 5/26-1 or Section 51.01 of the Elmhurst Municipal Code;
(2)
Unlawful use of weapons as defined in 720 ILCS 5/24-1, et seq.;
(3)
Mob action as defined in 720 ILCS 5/25-1;
(4)
Discharge of a firearm as defined in 720 ILCS 5/24-1.2 and 1.5 or Section 51.18 of the Elmhurst Municipal Code;
(5)
Gambling as defined by 720 ILCS 5/28-1 or Section 51.41 of the Elmhurst Municipal Code;
(6)
Possession, manufacture, or delivery of controlled substances as defined by 720 ILCS 570/401, et seq.;
(7)
Public indecency as defined by 720 ILCS 5/11-9;
(8)
Assault or battery or any related offense as defined in 720 ILCS 5/12-1, et seq., or Sections 51.04 and 51.05 of the Elmhurst Municipal Code;
(9)
Sexual abuse or related offense as defined in 720 ILCS 5/12-15 et seq.;
(10)
Prostitution as defined in 720 ILCS 5/11-14, et seq.;
(11)
Criminal damage to property as defined in 720 ILCS 5/21-1, et seq.;
(12)
Possession, cultivation, manufacture, or delivery of cannabis as defined in 720 ILCS 550/1, et seq., or possession of cannabis as defined in Section 51.53 of the Elmhurst Municipal Code;
(13)
Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1, et seq., or Chapter 36 (Liquor) of the Elmhurst Municipal Code;
(14)
Criminal housing management as defined in 720 ILCS 5/12-5.1;
(15)
Structure unfit for human occupancy as defined in Chapter 24 (Building Code) of the Elmhurst Municipal Code;
(16)
Unsafe structure as defined in Chapter 12 (Nuisance, Noise and Dangerous Buildings) or Chapter 24 (Building Code) of the Elmhurst Municipal Code;
(17)
Unlawful structure as defined in Chapter 24 (Building Code) of the Elmhurst Municipal Code;
(18)
Multiple violations of Chapter 24 (Building Code) of the Elmhurst Municipal Code;
(19)
Violation of Chapter 12 (Nuisances, Noise and Dangerous Buildings) of the Elmhurst Municipal Code;
(20)
Violation of Section 6.14 or 6.15 (Weeds, Grasses, and Plants) of the Elmhurst Municipal Code;
(21)
Violation of one or more of the following Sections of Chapter 25 (Fire Prevention Code) of the Elmhurst Municipal Code: Sections 25.02, 25.03, 25.11, 25.12, 25.13, 25.15, 25.16 and 25.18;
(22)
Violation of a provision of Article 1 of Chapter 26 (Electrical Code) of the Elmhurst Municipal Code;
(23)
Violation of a zoning regulation set forth in the Elmhurst Zoning Ordinance, adopted December 7, 1992 and subsequent amendments thereto;
(24)
Activity that constitutes a violation of a felony under federal or state law or a Class A misdemeanor pursuant to Illinois law.
"Owner" means 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 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;
(3)
Any person acting as an agent of an owner as defined herein.
"Permit" means to suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.
"Person" means any natural person, association, partnership, corporation, or other entity capable of owning, occupying, or using property.
"Person otherwise in control" means 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" means 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. 19-2007 § 1 (part))