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NOVEMBER 17, 2010 VOLUME LXXV
COUNCIL OF THE CITY OF ELGIN, ILLINOIS
COUNCIL-MANAGER FORM OF GOVERNMENT
REGULAR MEETING
The regular meeting of the Council of the City of Elgin, Illinois, was held on November 17,
2010, in the Council Chambers. The meeting was called to order by Mayor Schock at 7:10 p.m.
A moment of silence was observed and the Pledge of Allegiance was led by Mayor Schock.
ROLL CALL
Roll call was answered by Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Absent: None.
MINUTES OF THE NOVEMBER 3, 2010, COUNCIL MEETING APPROVED AS
DISTRIBUTED
Councilmember Steffen made a motion, seconded by Councilmember Prigge, to approve the
November 3, 2010, Council Meeting Minutes as distributed. Upon a roll call vote: Yeas:
Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, and Mayor Schock. Nays: None.
Councilmember Warren replied present.
COMMUNICATIONS
Chief Henrici Retirement Proclamation
Mayor Schock read a proclamation recognizing Chief John Henrici for his many years of service
to the city of Elgin. Chief Henrici accepted the proclamation citing it had been an honor and a
privilege to serve the residents of Elgin.
RECOGNIZE PERSONS PRESENT
Eleanor Richoz expressed her disappointment in those persons who recently vandalized the
Veterans Memorial. She said that negative energy should be put to positive use.
Pam Ramljak spoke about the problems the residents of Copper Springs #1 are having with the
siding on their homes. She would like support for their problems with Centex.
John Collins asked for clarification regarding a dog attack that took place last summer.
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527
BID 10-055 AWARDED TO ROBERT E. HUMMEL CONSTRUCTION COMPANY TO
RETROFIT DETENTION BASIN AT HOLMES ROAD AND MCLEAN BOULEVARD
SPECIFICALLY FOR WATER QUALITY ENHANCEMENT AND REDUCTION OF
MAINTENANCE COSTS
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to award the bid
to Robert E. Hummel Construction Company in the amount of $70,142.60 to retrofit the
detention basin at Holmes Road and McLean Boulevard specifically for water quality
enhancement and reduction of maintenance costs. Upon a roll call vote: Yeas: Councilmembers
Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
BID 10-059 AWARDED TO TECHNOTRIX FOR THE PURCHASE OF A SPECIAL
EVENTS SOUND SYSTEM
Councilmember Steffen made a motion, seconded by Councilmember Kaptain, to authorize the
purchase of a sound system and necessary accessories from Technotrix at a cost of $63,984.95.
Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren,
and Mayor Schock. Nays: None.
PUBLIC HEARING REGARDING AN ANNEXATION AGREEMENT, ANNEXATION,
PCF PLANNED COMMUNITY FACILITY DISTRICT ZONING, AND PRELIMINARY
PLAT APPROVAL; PROPERTY LOCATED AT 1300 SUMMIT STREET; BY SECOND
BAPTIST CHURCH OF ELGIN AS APPLICANT AND OWNER (PETITION 25-10)
Mayor Schock declared the public hearing open.
Sarosh Saher, Senior Planner, reviewed the petition and then introduced Pastor Edmond of
Second Baptist Church of Elgin. Pastor Edmond told the history of the church and stated that the
additional property would be used for parking. Dan Busman, WMA Project Engineer, was also
present.
Councilmember Dunne asked if there would be one or two entrances to the property from
Summit Street. Pastor Edmond stated the plans only called for one. Councilmember Prigge
asked if the church planned to eliminate the police traffic control on Sunday mornings and Pastor
Edmond responded no.
Mr. Saher stated the Planning and Development Commission was recommending approval
subject to conditions.
There being no further questions, Mayor Schock declared the hearing closed.
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528
PETITION 25-10 APPROVED REQUESTING AN ANNEXATION, PCF PLANNED
COMMUNITY FACILITY DISTRICT ZONING, AND PRELIMINARY PLAT
APPROVAL FOR; PROPERTY LOCATED AT 1300 SUMMIT STREET; BY SECOND
BAPTIST CHURCH OF ELGIN AS APPLICANT AND OWNERS
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to approve Petition
25-10 subject to conditions. Upon a roll call vote: Yeas: Councilmembers Dunne, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None. Councilmember Gilliam abstained
due to a conflict of interest.
RESOLUTION 10-215 ADOPTED AUTHORIZING EXECUTION OF FIRST
AMENDMENT AGREEMENT TO DEVELOPMENT AGREEMENT WITH ARTSPACE
PROJECTS, INC. (51 S. SPRING STREET)
Councilmember Gilliam made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-215
RESOLUTION
AUTHORIZING EXECUTION OF FIRST AMENDMENT AGREEMENT
TO DEVELOPMENT AGREEMENT WITH ARTSPACE PROJECTS, INC.
(51 S. Spring Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute first amendment agreement to development agreement with Artspace
Projects, Inc. on behalf of the City of Elgin, a copy of which is attached hereto and made a part
hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Adopted: November 17, 2010
Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
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529
ORDINANCE G54-10 PASSED AMENDING TITLE 16 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, ENTITLED “BUILDINGS AND CONSTRUCTION,” BY
ADDING A NEW CHAPTER 16.42, ENTITLED “VACANT RESIDENTIAL
BUILDINGS”
Councilmember Steffen stated he would like to see a similar program for commercial buildings.
Councilmember Kaptain made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G54-10
AN ORDINANCE
AMENDING TITLE 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED “BUILDINGS AND CONSTRUCTION,” BY ADDING
A NEW CHAPTER 16.42, ENTITLED “VACANT RESIDENTIAL BUILDINGS”
WHEREAS, recent economic conditions have caused many homes in the City of Elgin to
be foreclosed, abandoned or otherwise vacant; and,
WHEREAS, vacant structures and properties, if left unattended, are public nuisances in
that such properties may fall into disrepair, contribute to the decrease in value of surrounding
properties, precipitate disinvestment by neighboring owners, provide locations for criminal
activities, undermine the aesthetic character of specific neighborhoods and the City of Elgin at
large, and have other undesirable effects; and,
WHEREAS, properties that remain vacant over an extended period of time are a
detriment to the public health, safety and welfare, in that such properties unreasonably interfere
with the reasonable and lawful use and enjoyment of other premises within the neighborhood,
present increased fire, health, sanitation and safety hazards, may pose an extraordinary danger to
police officers, firefighters and code officials when entering the premises in response to
emergencies or in the normal course of their duties, and detract from the appearance and good
order of specific neighborhoods and the City of Elgin at large; and,
WHEREAS, such properties are owned or controlled by individuals or other entities that
should be responsible for the maintenance and preservation of such properties; and,
WHEREAS, the registration of these vacant properties and the implementation of
maintenance and monitoring plans will discourage property owners and those responsible for
such properties from allowing their properties to remain vacant indefinitely, will help to prevent
these properties from becoming a burden to th e residents and taxpayers of the City of Elgin, and
will facilitate the return of these properties to their intended use; and,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and,
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WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform
any function pertaining to its government and affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare, and the power to
abate public nuisances; and,
WHEREAS, an ordinance providing for the abatement of nuisances caused by vacant
properties, requiring the registration, inspection, maintenance, repair and rehabilitation of vacant
properties, and facilitating such properties subsequent occupancy, pertains to the government and
affairs of the City of Elgin and is in the best interest of the citizens of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 16 of the Elgin Municipal Code, 1976, as amended, entitled
“Building and Construction” be and is hereby amended by adding a new Chapter 16.42 thereto,
entitled “Vacant Residential Buildings,” to read as follows:
Chapter 16.42
VACANT RESIDENTIAL BUILDINGS
Sections:
16.42.010 Declaration of Policy
16.42.020 Other Ordinances
16.42.030 Definitions
16.42.040 Vacant Building Determination
16.42.050 Appeal of Vacant Building Determination
16.42.060 Obligation to Register Vacant Buildings and Foreclosed Unoccupied
Buildings
16.42.070 Approval of Plan
16.42.080 Authority to Modify Plan; Right to Appeal
16.42.090 Failure to Comply with Plan
16.42.100 Other Enforcement
16.42.110 Real Estate Transfer Stamps
16.42.120 Certification
16.42.130 Time Restrictions; Vacant Buildings
16.42.140 Enforcement and Penalties
16.42.150 Severability
16.42.010 DECLARATION OF POLICY:
The purpose of this chapter is to protect the public health, safety, and welfare by enactment of
this chapter which:
A. Establishes a program for identification, registration, and regulation of residential buildings
which are or become “vacant” as defined herein; and,
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B. Determines the responsibilities of owners of vacant residential buildings; and,
C. Provides for administration, enforcement, abatement of public nuisances, and the imposition of
penalties.
This chapter shall be liberally construed to affect its purposes.
16.42.020 OTHER ORDINANCES:
This chapter shall not be construed to prevent the enforcement of other applicable ordinances,
codes, legislation, and regulations which prescribe standards other than are provided herein.
When a provision of this chapter conflicts with any other provision of the Elgin Municipal Code,
1976, as amended, regulating the same subject matter, the more stringent or restrictive provision
shall apply.
16.42.030 DEFINITIONS:
Unless otherwise expressly stated or clearly indicated by the context, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this section:
BOARDED BUILDING: A building that has had, in a manner intended to be temporary or
permanent, any or all of its openings covered by some material for the purpose of securing or
preventing access or damage to the building or its components, whether such material is opaque,
solid or transparent, and whether such material is affixed to the interior or exterior of the
building. For the purpose of this section, such openings shall include any doors, windows or
other openings that exist for the purpose of providing light, ventilation, ingress and egress to the
building or other access to a part or portion of the building.
BUILDING: Any residential structure, or portion thereof, containing one or more dwelling units
used or intended to be used for human habitation.
DANGEROUS BUILDING:
A. Any building that is dangerous to the public health because of its construction or condition, or
which may cause or aid in the spread of disease or cause injury to the health of its occupants or to
neighboring structures; or,
B. Any building which, because of faulty construction, age, lack of proper repair or any other cause,
is especially liable to fire and constitutes or creates a fire hazard; or,
C. Any building, which, by reason of faulty construction, age or lack of repair is likely to collapse or
fall.
DIRECTOR: The Community Development Director, or his or her designee. All references to
the Director in this chapter shall be deemed to include the Community Development Director or
his or her designee.
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DWELLING: A structure, or portion thereof, used for human habitation.
DWELLING UNIT: One or more rooms containing individualized cooking, sleeping and
sanitary facilities which is designated, occupied or intended for use by one household.
OWNER: Any person, agent, operator, firm, or corporation having a legal or equitable interest in
a property; or recorded in the official records of the State, county, or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate of such person if ordered to
take possession of real property by a court.
PERSON: Includes a corporation, a partnership, or other entity as well as an individual.
PREMISES: A lot, plot or parcel of land including any structures thereon.
PUBLIC NUISANCE: A “public nuisance” shall include the following:
A. Any physical condition or uses of any premises that is regarded as a public nuisance at common
law, under the Illinois Compiled Statutes, or under the Elgin Municipal Code, 1976, as amended;
or,
B. Any physical condition, use or occupancy of any premises or its appurtenances considered an
attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements,
excavations, swimming pools and unsafe fences or structures; or,
C. Any building that has unsanitary sewerage or plumbing facilities; or,
D. Any building designated by the Director as unsafe for human habitation or use; or,
E. Any building that constitutes a fire hazard, or is unsafe or insecure to a degree that endangers life,
limb or property; or,
F. Any premises that is unsanitary, or which is littered with rubbish or garbage, or which has an
uncontrolled growth of weeds; or,
G. Any building that is: in a state of dilapidation, deterioration or decay; improperly constructed;
unsecured; vacant and boarded; damaged by fire to the extent that it no longer provides shelter; in
danger of collapse or structural failure; or dangerous to anyone on or near the premises; or,
H. Any premises that contains evidence of unlawful activity to a degree that such activity may
endanger, threaten or otherwise negatively impact the users and value of adjacent premises; or,
I. Any building deemed to be a “dangerous building” under this section or a “dangerous structure”
under section 9.04.070 of the Elgin Municipal Code, 1976, as amended.
UNOCCUPIED BUILDING: A building or portion thereof which lacks the habitual presence of
human beings who have a legal right to be on the premises, including buildings ordered vacated
by the Director pursuant to authority granted to him by this code.
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In determining whether a building is “unoccupied,” the Director may consider these factors,
among others:
A. A building at which substantially all lawful residential or business activity has ceased.
B. The percentage of the overall square footage of occupied to unoccupied space or the
overall number of occupied and unoccupied units.
C. The building is substantially devoid of contents. The condition and value of fixtures or
personal property in the building are relevant to this determination.
D. The building lacks utility services, i.e., water, sewer, electric or natural gas.
E. The building is the subject of a foreclosure action.
F. The building is not actively for sale as part of a contractual agreement to sell the building.
G. The presence or recurrence of uncorrected code violations.
VACANT BUILDING: A building or portion of a building which is:
A. Unoccupied and unsecured; or,
B. Unoccupied and secured by boarding or other similar means for more than thirty (30)
days; or,
C. Unoccupied and a dangerous structure; or,
D. Unoccupied as a result of having been declared unsafe for occupancy by the Director
pursuant to applicable provisions of the Elgin Municipal Code, 1976, as amended; or,
E. Unoccupied and having multiple violations of the Elgin Municipal Code, 1976, as
amended; or,
F. Unoccupied and the building or its premises have been the site of unlawful activity at any
time while unoccupied, or at any time during the previous six (6) months whether
occupied or not; or,
G. Unoccupied as a result of having been condemned or declared unsafe for occupancy by
the Director and unlawfully occupied; or,
H. Unoccupied for over sixty (60) days and during which time the Director has issued an
order to correct public nuisance conditions and the same have not been corrected in a
code compliant manner; or,
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I. Unoccupied and the subject of either pending mortgage foreclosure proceedings or
mortgage foreclosure proceedings that have been completed within the past two (2) years
and the building has not since been reoccupied.
J. Unoccupied for over one year.
But not including:
Unoccupied buildings which are undergoing construction, renovation, or rehabilitation and
which are in compliance with all applicable ordinances, codes, legislation, and regulations,
and for which construction, renovation or rehabilitation is proceeding diligently to
completion.
16.42.040 VACANT BUILDING DETERMINATION:
A. Within ninety (90) days after the effective date of this chapter, the Director shall evaluate
all buildings in the City that he or she believes to be unoccupied on or after the effective
date of this chapter and make a determination for each as to whether the building is a
“vacant building” within the meaning of section 16.42.030 of this chapter. For the
purposes of conducting this evaluation, the Director is authorized to enter upon any and
all premises and within any and all unsecured structures. The Director may determine
that a building which meets any of the criteria set forth in the definition of “vacant
building” in section 16.42.030 of this chapter is not to be regulated under this chapter for
a stated period, if upon consideration of reliable, substantiated and sufficient evidence, he
or she determines that the circumstances which give rise to the building being eligible for
regulation hereunder are clearly temporary in nature and are either in the process of being
addressed or will soon be addressed by the owner and that therefore regulation of the
building under this chapter would not serve the public health, welfare, and safety and
makes written findings in support of his or her decision. The determination shall be in
writing and shall state the factual basis for the determination. For buildings the Director
determines to be “vacant buildings,” he or she shall, within seven (7) days of making that
determination, send notice of his/her written determination with the factual findings to
the name and address of the last taxpayer of record for such parcel listed on the most
recent Kane County or Cook County tax roll. Said notice of determination shall be sent
first class United States mail, with proper postage prepaid. Failure of delivery shall not
excuse a person from complying with this chapter. The Director may personall y serve or
cause personal service of the notice of determination. Any person making such service
shall execute an affidavit attesting to the facts of service. The Director shall maintain an
affidavit of such mailing for each notice of determination sent.
B. The Director shall cause an inspection of the interior of all “vacant buildings” to
determine compliance with City property maintenance, building, zoning, health, fire, life
safety, water and sewer codes. Said inspection shall also determine the existence of any
unlawful improvements to the property and any portions of the building, including attic
and basement areas, that appear to have been unlawfully occupied.
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C. The notice of determination shall set a tentative date and time for the code compliance
inspection of the interior of the vacant building to determine the extent of compliance
with City property maintenance, building, zoning, health, fire, life safety, water and
sewer codes, and the existence of any unlawful improvements or occupancies. After
receipt of the notice of determination, if the owner does not appeal the determination, the
owner shall either confirm the tentative date for the inspection or shall schedule a new
date and time for same. If the owner fails to confirm the tentative date and time for the
inspection or refuses to schedule or permit the inspection within a reasonable time, the
City shall obtain an administrative search warrant to accomplish the inspection.
D. The City shall charge the owner a fee of five hundred dollars ($500.00) to offset the cost
to the City of said inspection. The owner shall pay the inspection fee to the City within
thirty (30) days of receipt of the bill for same.
E. City real estate transfer stamps will not be issued by the City for the sale of such property
until such inspection has taken place and the fee therefore has been paid and, if
necessary, an administrative search warrant for the same has been timely obtained.
F. The notice of determination shall contain a statement of the obligations of the owner of a
building determined to be a vacant building, a copy of the registration form the owner is
required to file pursuant to section 16.42.060 of this chapter, and a notice of the owner’s
right to appeal the Director’s determination.
16.42.050 APPEAL OF VACANT BUILDING DETERMINATION:
A. An owner of a building determined by the Director to be a vacant building as provided
for in this chapter may appeal that determination to the City Manager. Such appeal shall
be in writing and shall be filed with the City Manager within fifteen (15) days of the date
of mailing of the notice of determination. The filing of an appeal stays the owner’s
obligation to register his or her building as required by section 16.42.060 of this chapter.
The appeal shall contain a complete statement of the reasons the owner disputes the
Director’s determination, shall set forth specific facts in support thereof, and shall include
all evidence the owner relies upon to support the appeal. The City Manager or his or
designee shall decide the appeal on the basis of facts presented by the owner in his or her
written appeal and the Director’s written determination.
B. The burden is upon the owner to present sufficient evidence to persuade the City
Manager that it is more likely than not that the subject building is not a “vacant building”
within the meaning of this chapter.
C. The City Manager his or her designee shall send written notice of his or her decision to
the owner within ten (10) days of his or her receipt of the appeal. The City Manager
may, but is not required to, seek additional information from the owner. The City
Manager may, upon written notice thereof to the owner, take ten (10) additional days, to
decide the appeal if he or she determines that such additional time is required for
consideration of the appeal.
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D. An owner who wishes to challenge applicability of this chapter to his/her building prior
to the Director’s determination having been made shall set forth specific facts to support
inapplicability in a writing to the Director. In the event the Director determines that the
subject building is a “vacant building,” the owner shall have the right to appeal the
Director’s determination to the City Manager as provided for herein.
E. If the City Manager, or his or her designee, fails to grant or deny an appeal within the
time periods set forth in this section 16.42.050, the appeal shall be deemed denied.
F. All references to the City Manager in this chapter shall be deemed to include the City
Manager or his or her designee.
16.42.060 OBLIGATION TO REGISTER VACANT BUILDINGS AND FORECLOSED
UNOCCUPIED BUILDINGS
Owners of “vacant buildings” and mortgage lenders who acquire title to unoccupied buildings
shall be required to register the same with the Director as prescribed below:
A. Owner’s Obligation To Register Vacant Buildings: The owner of a building that the
Director has determined to be a “vacant building,” or the owner of a building whose
appeal from the Director’s determination has been denied by the City Manager, or the
owner of a building who knows, or from all the facts and circumstances should know,
that his or her building is or has become a “vacant building” within the meaning of this
chapter, shall take the actions provided for in this section within fifteen (15) days after
either the date of Director’s notice of determination, the denial of the owner’s appeal, or
the occurrence of facts that would cause a reasonable person to believe that the building
was a “vacant building.”
1. Registration of Building: The owner of a “vacant building” shall be required to
register the building with the Director on a form provided by the Director and pay a
two hundred dollar ($200.00) annual non-prorated vacant building registration fee.
a. The form shall include, as a minimum, the name, street address, and telephone
number of the owner; the case name and number of any litigation pending
concerning or affecting the building, including bankruptcy cases; and the name,
street address, and telephone number of all persons with any legal, equitable or
beneficial interest in the building or the premises. The form shall require the
owner to identify and authorize a natural person twenty-one (21) years of age or
older who maintains a permanent address in the county in which the property is
located to accept service on behalf of the owner with respect to any notices the
Director sends pursuant to this chapter or service of process in any proceeding
commenced to enforce any provision of this chapter, and file with the Director on
the registration form, the name, address, telephone number, of said person. A
street address is required; a post office box is not an acceptable address.
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b. The form shall state that the owner, by affixing his or her signature, is advised
that the City will not issue real estate transfer stamps without City inspectors
having first conducted an interior inspection for code compliance.
c. The form shall require the owner to:
(1) Indicate his or her “Acceptance of Notice by Posting” consenting to service of
notices sent or required to be sent, pursuant to this chapter, by posting on the
building if the owner fails to renew the registration if required, or maintain as
current with the Director the information required regarding the person
designated and authorized to accept notice and service of process;
(2) Renew the vacant building registration each year on the anniversary date of
the first filing for the time the building remains vacant and pay the required
two hundred dollar ($200.00) annual fee; and,
(3) File an amended registration within fifteen (15) days of any change in the
information contained in the annual registration. A new registration is
required for any change in ownership whatsoever.
d. Registration does not exonerate the owner from compliance with all applicable
codes and ordinances, including this chapter, nor does it preclude any of the
actions that the City is authorized to take pursuant to this chapter or elsewhere in
the Elgin Municipal Code, 1976, as amended.
2. Inspection Conducted: The City shall conduct a comprehensive code compliance
inspection of the interior of the vacant building and the owner shall pay a five
hundred dollar ($500.00) fee to the City to defray the City's cost of same within thirty
(30) days of the inspection. Such inspection will determine the extent of compliance
with City property maintenance, building, zoning, health, fire, life safety, water and
sewer codes. Said inspection shall also determine the existence of any unlawful
improvements to the property and any portions of the building, including attic and
basement areas, that appear to have been unlawfully occupied. The City shall send
the inspection report to the owner within thirty (30) days. The inspection report shall
include a reasonable date by which code compliance shall be required, and periodic
reinspections shall take place, as necessary, until code compliance is achieved.
3. Insurance Required: The owner shall obtain liability insurance and maintain such
insurance for as long as the building is vacant, and file evidence of such insurance
with the Director, as follows: five hundred thousand dollars ($500,000.00) for a
vacant residential building of one (1) to three (3) units; seven hundred fifty thousand
dollars ($750,000.00) for a vacant residential building of four (4) to eleven (11) units;
one million dollars ($1,000,000.00) for a vacant residential building of twelve (12) to
forty eight (48) units; two million dollars ($2,000,000.00) for a vacant residential
building of more than forty eight (48) units; and two million dollars ($2,000,000.00)
NOVEMBER 17, 2010 VOLUME LXXV
538
for a vacant manufacturing, industrial, storage, or nonresidential commercial
building.
4. Vacant Building Plan: At the time a building is registered as required herein, the
owner shall submit a vacant building plan. The Director may prescribe a form for the
plan. If the owner fails to submit the plan as provided for by this chapter, the
Director may determine the plan. The plan shall contain the following as a minimum:
a. A plan of action to repair any doors, windows, or other openings which are
boarded up or otherwise secured or covered by any means other than conventional
methods used in the design of the building or permitted for new construction or
similar type. The proposed repair shall result in openings being secured by
conventional methods used in the design of the building or by methods permitted
for new construction of similar type with board removed. Boarding shall be
accomplished with materials and methods described by the Director and available
from the Director. The owner shall maintain the building in an enclosed and
secure state until the building is reoccupied or made available for immediate
occupancy. If the owner demonstrates that securing of the building will provide
adequate protection to the public, the Director may waive the requirement of an
enclosure.
b. For buildings and/or premises which are determined by the Director as being or
containing public nuisances, as defined in section 16.42.030 of this chapter, then
the vacant building/ premises plan shall contain a plan of action to remedy such
public nuisance(s).
c. A time schedule identifying a date of commencement of repair and date of
completion of repair for each improperly secured opening and nuisance identified
by the Director.
d. When the owner proposes to demolish the vacant building, then the owner shall
submit a plan and time schedule for such demolition. The owner shall insure all
necessary permits and approvals are obtained prior to commencing demolition.
e. A plan of action to maintain the building and/or premises thereof in conformance
with this chapter.
f. A plan of action, with a time schedule, identifying the date the building will be
habitable and occupied or offered for occupancy or sale. The time schedule shall
include date(s) of commencement and completion of all actions required to
achieve habitability. No plan which fails to provide for compliance with this
chapter or, which will not, as determined by the Director, achieve such
compliance, within thirty (30) days, in the case of a vacant boarded building, and
within one year, in the case of a vacant, unboarded, and code compliant building
will be approved, except that the Director may approve an extension of the time
during which the building will be unoccupied beyond one year to a date certain
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but then only based upon clear and documented evidence of good cause shown by
the owner as determined by the Director.
g. All premises upon which unoccupied or vacant buildings are located and the
exteriors shall at all times be maintained in compliance with the Elgin Municipal
Code, 1976, as amended, including, but not limited to, the following:
(1) Interior: All interior structures shall be maintained in a clean, safe, secure and
sanitary condition. Special attention shall be made to utilities and, if
applicable, sump pumps and other related devices shall be kept operational.
Winterization of structures shall be completed as necessary.
(2) Exterior: All exterior structures and property shall be maintained and kept free
of items that give the appearance that the property is abandoned, including,
but not limited to, overgrown and/or dead vegetation, accumulation of
newspapers, circulars, flyers and/or mail, past due utility notices and/or
disconnected utilities, or the accumulation of junk or debris.
h. Exterior lighting shall be maintained according to standards established by the
Director and available from the Director.
i. All ground floor windows facing street frontage, including, but not limited to, all
display windows in unoccupied or vacant commercial buildings shall be kept in a
well maintained and clean condition and shall be covered on the interior side in a
professionally finished manner with an opaque window covering material
manufactured for that purpose and approved by the Director, or in the case of
display windows, such windows shall be kept in a well maintained and clean
condition and the display area shall be enclosed with a professionally finished
backdrop, floor, side walls and ceiling all of which shall be kept in a well
maintained and clean condition and shall be well lighted from ten o'clock (10:00)
A.M. to ten o'clock (10:00) P.M. each day. Photographs, paintings and other
works of art or other tasteful forms of decoration may be professionally displayed
in these properly enclosed clear glass display windows. If opaque window
covering material is used, a one foot by one foot (1' x 1') clear glass opening
through which the interior space is clearly visible shall be maintained at standing
eye level along one edge of one such window.
5. Security Guard Service: On written notice of the Director, or as required within an
approved vacant building plan, the owner shall provide bonded, licensed, and insured
security guard service at the building between the hours of three o'clock (3:00) P.M.
and eight o'clock (8:00) A.M. Such service to remain in place until the Director gives
written notice that the service is no longer required. Such service shall be required
when the Director makes a written determination that the vacant building constitutes a
fire hazard, is otherwise dangerous to human life or the public welfare, involves
illegal or improper use, occupancy, or maintenance, under such conditions that
securing the building is insufficient to prevent the actual or threatened harm.
NOVEMBER 17, 2010 VOLUME LXXV
540
6. Additional Information Posted: Affix to any building which is boarded, a
weatherproof eight and one-half (8.5) inch by eleven (11) inch sign which provides
the following information: the name, address, and telephone number of the owner, the
name, address and telephone number of the person authorized to accept notice and
service of process and in addition, for buildings which are the subject of a foreclosure
action, the name, address, and telephone number of the plaintiff and the plaintiff's
attorney, if any, in the foreclosure action. The sign must be placed so that its message
is legible from the public way.
B. Mortgage Lender’s Obligation to Register Unoccupied Buildings Acquired through
Mortgage Foreclosure: The obligation to register buildings shall extend to mortgage
lenders that have obtained title to unoccupied buildings through a mortgage foreclosure
action.
1. Mortgage lenders shall register unoccupied buildings with the Director within fifteen
(15) days of the date it knew or should have known that the building was unoccupied
after the initiation of mortgage foreclosure proceedings, or within fifteen days of
obtaining title to same.
2. Mortgage lenders obtaining title to properties containing an unoccupied building shall
comply with all of the requirements of this chapter with respect to ownership of
vacant buildings.
3. An amended registration form shall be filed in accordance with subsection
16.42.060.A.1.c(3) of this section within fifteen (15) days of any change in the
information provided in any registration form provided hereunder.
16.42.070 APPROVAL OF PLAN:
A. Review of Vacant Building Plan: The Director shall review the proposed vacant building
plan in accordance with the standards below. The Director shall send notice to the owner
of the vacant building of his or her determination.
B. Standards For Vacant Building Plan Approval: In considering the appropriateness of a
vacant building plan, the Director shall include the following in his or her consideration
and shall make written findings as to each:
1. The purposes of this chapter and intent of the City Council to minimize the time a
building is boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
VOLUME LXXV NOVEMBER 17, 2010
541
5. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the
condition it is designed to address.
16.42.080 AUTHORITY TO MODIFY PLAN; RIGHT TO APPEAL:
The Director shall, upon notice to the vacant building owner, have the right to modify the vacant
building plan by modifying the dates of performance, the proposed methods of action, or by
imposing additional requirements consistent with this chapter he or she deems necessary to
protect the public health, safety, or welfare. The owner may appeal the Director’s determination
under this section by filing an appeal in writing with the City Manager within fifteen (15) days
from the date of mailing such a determination. Appeals under this section shall be reviewed in
accordance with the procedures set forth in section 16.42.050.
16.42.090 FAILURE TO COMPLY WITH PLAN:
Failure to have an approved vacant building plan within thirty (30) days of filing the registration
form or failure to comply with the approved plan shall constitute a violation of this chapter
subjecting the owner of the building to penalties as provided in this chapter and to any remedies
the City may avail itself of as provided for herein and elsewhere in the Elgin Municipal Code,
1976, as amended, including, but not limited to, an action to compel correction of property
maintenance violations.
16.42.100 OTHER ENFORCEMENT:
The registration of a vacant building shall not preclude action by the City to demolish or to take
other action against the building pursuant to other provisions of this chapter, the Elgin Municipal
Code, 1976, as amended, or other applicable legislation.
16.42.110 REAL ESTATE TRANSFER STAMPS:
A premises upon which is situated a vacant building for which a code compliance inspection has
not been conducted, or for which inspection fees or registration fees imposed pursuant to this
chapter have not been paid in full, or which is not otherwise eligible under this chapter for the
City real estate transfer stamps shall not be permitted to acquire same until such inspection has
been conducted, all fees are paid and/or the eligibility issues are addressed. Unpaid fees shall be
a lien upon the property.
16.42.120 CERTIFICATION:
A Certificate of Code Compliance for Vacant Buildings issued by the Department of Code
Administration and payment in full of all fees imposed pursuant to this chapter are required prior
to any occupancy of a vacant building.
NOVEMBER 17, 2010 VOLUME LXXV
542
16.42.130 TIME RESTRICTIONS FOR BOARDED BUILDINGS:
Boarded buildings are declared to be a public nuisance. Boarding is only a temporary solution to
prevent unauthorized entry into a vacant building. A vacant building may not remain boarded
longer than thirty (30) days unless an extension of that time is part of a plan approved by the
Director.
16.42.140 ENFORCEMENT AND PENALTIES:
A. Any person found to have violated any provision of this chapter shall be subject to a
minimum fine of one hundred dollars ($100.00) per day per violation to a maximum of
seven hundred fifty dollars ($750.00) per day per violation, in addition to any other legal
or equitable remedies available to the City. Such other remedies include, but are not
limited to, injunctive relief, application to a court of competent jurisdiction for a receiver,
demolition, or condemnation, contracting for the repair or purchase of the premises, or
foreclosure of any lien the City may have thereon.
B. A separate and distinct offense shall be committed each day on which such person or
persons shall violate the provisions of this chapter.
C. The City may enforce this chapter in its Administrative Adjudication System or through
filing an appropriate action in the Circuit Court for the Sixteenth Judicial Circuit, Kane
County, Illinois, or the Circuit Court of Cook County, Illinois.
D. Nothing herein contained shall prohibit the City from immediately condemning as
provided for in the Elgin Municipal Code, 1976, as amended, a building or taking other
immediate action upon a determination that the building is a public nuisance or poses an
imminent danger to the occupants of the building, or the public, health, safety and
welfare.
16.42.150 SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof
to any person or circumstance, shall for any reason be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate
the remainder of this chapter and the application of such provision to other persons or
circumstances shall be confined in its operation to the provision, clause, sentence, paragraph,
section or part thereof directly involved in the controversy in which such judgment shall have
been rendered and to the person or circumstances involved. It is hereby declared to be the
legislative intent of the city council that this chapter would have been adopted had such
constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been
included.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
VOLUME LXXV NOVEMBER 17, 2010
543
Section 3. That this ordinance shall be in full force and effect on and after April 1, 2011,
upon its passage and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Passed: November 17, 2010
Vote: Yeas: 7 Nays: 0
Recorded: November 17, 2010
Published: November 19, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
CONSENT AGENDA
By unanimous consent, Councilmember Warren made a motion, seconded by Councilmember
Steffen, to pass Ordinance Nos. G51-10 through G53-10 and adopt Resolution Nos. 10-210
through 10-214 by omnibus vote. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam,
Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
RESOLUTION 10-210 ADOPTED AUTHORIZING EXECUTION OF AN AGREEMENT
WITH V3 COMPANIES, LTD. FOR GRANT WRITER PROGRAM SERVICES
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-210
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
V3 COMPANIES, LTD. FOR
GRANT WRITER PROGRAM SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with V3
NOVEMBER 17, 2010 VOLUME LXXV
544
Companies, Ltd. for grant writer program services, a copy of which is attached hereto and made
a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Adopted: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-211 ADOPTED ADOPTING THE AMENDED CENTER CITY
SPECIAL BUSINESS LOAN PROGRAM FOR BUSINESS DEVELOPMENT AND
BUILDING IMPROVEMENTS
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-211
RESOLUTION
ADOPTING THE AMENDED CENTER CITY SPECIAL
BUSINESS LOAN PROGRAM FOR BUSINESS DEVELOPMENT
AND BUILDING IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby adopts the amended Center City Special Business Loan Program for Business
Development and Building Improvements dated November 17, 2010, for business development
and building improvements in Center City Elgin, a copy of which is attached hereto and made a
part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXV NOVEMBER 17, 2010
545
Presented: November 17, 2010
Adopted: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-212 ADOPTED AUTHORIZING EXECUTION OF A FAÇADE
IMPROVEMENT PROGRAM AGREEMENT WITH JAMES WICKER (79 S. GROVE
AVENUE)
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-212
RESOLUTION
AUTHORIZING EXECUTION OF A FACADE IMPROVEMENT
PROGRAM AGREEMENT WITH JAMES WICKER
(79 S. Grove Avenue)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, and Diane Robertson, City Clerk, be and are hereby
authorized and directed to execute a facade improvement program agreement on behalf of the
City of Elgin with James Wicker, owner of the property commonly known as 79 S. Grove
Avenue, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Adopted: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
NOVEMBER 17, 2010 VOLUME LXXV
546
RESOLUTION 10-213 ADOPTED REGARDING THE COMPLETION OF
IMPROVEMENTS IN THE PRINCETON WEST SUBDIVISION TOWNHOMES
PHASES 1 AND 2
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-213
RESOLUTION
REGARDING THE COMPLETION OF IMPROVEMENTS IN THE
PRINCETON WEST SUBDIVISION TOWNHOMES PHASES 1 AND 2
WHEREAS, Kenar, LLC, as Principal, and American Southern Insurance Company, as
Surety, have previously posted with the City of Elgin, as Obligee, a subdivision bond identified
as bond number B98815018066 (the "Bond") guarantying the completion of the improvements
for the Princeton West Subdivision Townhomes Phases 1 and 2 (the "Bonded Improvements");
and
WHEREAS, Kenar, LLC, has failed to install and complete the Bonded Improvements
for the Princeton West Subdivision Townhomes Phases 1 and 2 and Kenar, LLC, is in default of
its obligations to install and complete the Bonded Improvements; and
WHEREAS, the Bond provides that upon receipt of a resolution from the City of Elgin as
the Obligee indicating that the Bonded Improvements have not been installed or completed that
the Surety American Southern Insurance Company will complete the Bonded Improvements or
pay to the City of Elgin such amount up to the principal amount of the Bond which will allow the
City of Elgin as Obligee to complete the Bonded Improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that the Bonded Improvements for the Princeton West Subdivision
Townhomes Phases 1 and 2 have not been installed and completed
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the Corporation Counsel of the City be and is hereby authorized and directed to
send this resolution to American Southern Insurance Company with a demand upon American
Southern Insurance Company to fully perform all of its obligations under the Bond and to install
and complete the Bonded Improvements and to otherwise satisfy all its obligations under the
Bond.
s/ Ed Schock
Ed Schock, Mayor
VOLUME LXXV NOVEMBER 17, 2010
547
Presented: November 17, 2010
Adopted: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
RESOLUTION 10-214 ADOPTED APPOINTING MEMBERS TO VARIOUS BOARDS
AND COMMISSIONS
Councilmember Warren made a motion, seconded by Councilmember Steffen, to adopt the
following resolution. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Resolution No. 10-214
RESOLUTION
APPOINTING MEMBERS TO VARIOUS BOARDS AND COMMISSIONS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Carl Brahm and Craig Desang be and are hereby reappointed as members of the Cultural
Arts Commission, each for a term to expire November 1, 2013.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Adopted: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
ORDINANCE G51-10 PASSED AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
NOVEMBER 17, 2010 VOLUME LXXV
548
Ordinance No. G51-10
AN ORDINANCE
AMENDING CERTAIN PARKING RESTRICTIONS
WITHIN THE CITY OF ELGIN
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 11.60.050 of the Elgin Municipal Code, 1976, as amended,
entitled "Standing, Stopping and Parking Prohibited Where" be and is hereby further amended by
amending the provision relating to Frazier Avenue to read as follows:
"Frazier Avenue North North State Street (Route 31) to Clifford Street
Frazier Avenue South North State Street (Route 31) for a distance of
sixty-two (62) feet
Frazier Avenue South From a point one hundred twenty-six (126) feet
east of North State Street (Route 31) easterly to
Clifford Street."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect ten days after its passage
in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Passed: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 17, 2010
Published: November 19, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXV NOVEMBER 17, 2010
549
ORDINANCE G52-10 PASSED AMENDING TITLE 6 OF THE ELGIN MUNICIPAL
CODE, 1976, AS AMENDED, TO REGULATE "RESALE DEALERS" AND
"RECYCLABLE METAL DEALERS"
Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G52-10
AN ORDINANCE
AMENDING TITLE 6 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO REGULATE “RESALE DEALERS” AND “RECYCLABLE METAL DEALERS”
WHEREAS, 65 ILCS 5/11-42-3 provides that the corporate authorities of each
municipality may license, tax, locate and regulate all places of business of dealers in junk,
dismantled or wrecked motor vehicles or parts thereof, rags and any second -hand article
whatsoever; and
WHEREAS, the City of Elgin is a home-rule unit; and
WHEREAS, pursuant to Article 7, Section 6 of the Constitution of the State of Illinois,
the City of Elgin, as a home-rule unit, may exercise any power and perform any function
pertaining to its government and affairs, including, but not limited to, the power to regulate for
the protection of the public health, safety, morals and welfare, and to license; and
WHEREAS, the regulation of resale shops and recyclable metal dealers through licensing
and other regulations, is necessary to deter and detect crime; and
WHEREAS, deterring crime, detecting crime, protecting theft victims and recovering
stolen property relates to the protection of the public health, safety, morals and welfare and
pertains to the government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled
“Business Licenses and Regulations,” be and is hereby amended by creating Chapter 6.43,
entitled, “Resale Dealers,” to read as follows:
SECTION:
6.43.010: Definitions
6.43.020: License Required
6.43.030: Exemptions
NOVEMBER 17, 2010 VOLUME LXXV
550
6.43.040: Application
6.43.050: Fees
6.43.060: Investigation of Applicant
6.43.070: Bond Prerequisite to Issuance
6.43.080: Issuance
6.43.090: Posting
6.43.100: Transfer
6.43.110: Change of Location
6.43.120: Hours of Operation
6.43.130: Prohibited Purchases
6.43.140: Purchasing, Selling; Weapons Prohibited
6.43.150: Records of Purchases
6.43.160: Reports to Chief of Police
6.43.170: Inspections of Premises
6.43.180: Waiting Period
6.43.190: Removal of Identifying Marks Prohibited
6.43.200: Video Camera Surveillance Required
6.43.210: Inventory System
6.43.220: Suspension or Revocation
6.43.230: Summary Suspension
6.43.240: Notice of Hearing
6.43.250: Hearings
6.43.260: Appeals
6.43.270: Penalty for Violation
6.43.280: Severability
6.43.010: DEFINITIONS:
“Approved Identification” means any one of the following validly issued and unexpired
forms of identification, which includes a photograph of the person: (i) a United States
passport, (ii) a state driver’s license, (iii) a state issued identification card, (iv) a military
identification card, or (v) a United States permanent resident card.
"Audio-Video Equipment" means items which include any stereo, speaker, radio, video
recorder, video camera, camera, television, tape or disk player, MP3 player or satellite
signal device.
“Person” means a natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust or organization; or the manager,
lessee, agent, servant, officer or employee of any of them.
"Resale dealer" means any individual, firm, corporation or partnership engaged in the
business of operating a business for profit which buys, sells, possesses on consignment
for sale or trades jewelry, stamps, coins, audio-video equipment or any precious metals
which may have been previously owned by a consumer; or which derives more than
thirty-five percent of its gross receipts from the sale, consignment for sale, pledge or
VOLUME LXXV NOVEMBER 17, 2010
551
trade of any goods, wares or merchandise which have previously been owned by a
consumer, including but not limited to furniture, appliances, clothing, automobile
accessories, books or metals, whether in bulk or manufactured state.
A. The term "resale dealer" shall include, but not be limited to, businesses commonly
known as swapshop operators, stamp dealers, coin dealers and jewelers that
purchase and resell items from persons other than dealers and suppliers and
engage in disassembling, melting and otherwise altering jewelry. The term
"resale dealer" shall not include pawnbrokers.
B. The fact that any business does any of the following acts shall be prima facie
proof that such business is a resale dealer:
1. Advertises in any fashion that it buys or sells used items. Such advertisements
shall include, but not be limited to, media advertisements, web sites, telephone
listings, and signs whether on the exterior or interior of the business.
2. Devotes a significant segment or section of the business premises to the
purchase or sale of used items.
“Used” means any goods, wares or merchandise which have previously been owned by a
consumer, including but not limited to jewelry, stamps, coins, audio-video equipment, or
any precious metals, furniture, appliances, clothing, automobile accessories, books or
metals, whether in bulk or manufactured state.
6.43.020: LICENSE REQUIRED:
No person, either as owner, manager, lessee, officer or agent, or in any other capacity,
shall operate or permit to be operated a resale dealership without first having obtained a
license from the city to do so. The license fee shall be due and payable on or before
February 1 of each year. The requisite fee shall accompany all original or renewal
applications. Such licenses shall expire on January 31, next after the date of issue.
Failure or neglect to pay the requisite license fee in a timely manner shall be cause for
denial of issuance or non-renewal or revocation as the case may be.
6.43.030: EXEMPTIONS:
The following activities shall be exempt from the requirements of this chapter:
A. “Residential garage sales,” as that term is defined in section 19.90.015 of this
Code.
B. Sales conducted by governmental, civic, patriotic, fraternal, educational, religious
or benevolent organizations which have been in active and continuous existence
for at least one year prior to the holding of the sale, or which are exempt from
taxation under Section 501 of the Internal Revenue Code.
NOVEMBER 17, 2010 VOLUME LXXV
552
C. Sales or purchases which are regulated by the licensing laws of the state,
including automobile dealers, used parts dealers and automotive parts recyclers.
D. Consumer shows or exhibitions of collectibles.
E. Sales by auctioneers holding a license pursuant to chapter 6.12 of this Code.
F. Sales by pawnbrokers holding a license pursuant to chapter 6.42 of this Code.
G. Sales of recyclable metal by a recyclable metal dealer holding a license pursuant
to chapter 6.44 of this Code.
H. Sales of recyclable materials by a scavenger holding a license pursuant to chapter
6.54 of this Code.
I. Sales or trades of used books between a customer and owner of a used bookstore.
6.43.040: APPLICATION:
An application for a license required by this chapter shall be made in writing under oath
to the city’s finance director on a form prescribed by the city’s finance director. All
references to the finance director in this chapter shall be deemed to include the finance
director or his authorized designee. Each application shall include, but not be limited to,
the following information:
A. The name of the individual, partnership, corporation or association applying for a
license.
B. The residence, phone number, date of birth and driver's license number of the
applicant or partners; or, if a corporation or association, the residence, phone
number and driver's license number of the officers and all shareholders owning
more than five percent (5%) of the outstanding shares of stock.
C. The location for which the license is requested.
D. Whether the applicant, its partners, officers or listed shareholders have been
convicted of any criminal offense or ordinance violation (other than traffic or
parking offenses) in any jurisdiction and, if so, a list of such convictions with date
and prosecuting jurisdiction.
E. Such information as required by the Chief of Police in order to conduct a criminal
history background investigation on the applicant, its partners, officers or lis ted
shareholders owning more than five percent (5%) of the outstanding shares of
stock.
VOLUME LXXV NOVEMBER 17, 2010
553
F. Whether the applicant, its partners, officers or listed shareholders have held a
license or had an interest in a license issued by the city or any other jurisdictio n
regulating the purchase or sale of used property revoked for cause, and, if so, list
the date of revocation and jurisdiction.
G. A statement whether the applicant has made application for a similar or other
license on premises other than described in the application, and the disposition of
such application.
6.43.050: FEES:
The applicant for a license required by this chapter shall pay the finance director at the
time of filing an application a license fee of two hundred dollars ($200.00) per calendar
year or part thereof. Should the license be denied, the license fee shall be refunded to the
applicant.
6.43.060: INVESTIGATION OF APPLICANT:
Upon receipt of an application for a license under this chapter, the finance director shall
cause a copy thereof to be sent to the chief of police and the community development
group director both of whom shall report back to the finance director in thirty (30) days
whether the applicant is in accordance with applicable city codes. The investigation by
the chief of police shall include, but not be limited to, conducting a criminal history
background investigation on the applicant, its partners, officers or listed shareholders
owning more than five percent (5%) of the outstanding shares of stock.
6.43.070: BOND PREREQUISITE TO ISSUANCE:
Every applicant for a license under this chapter shall file with the city a license and
permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the
corporation counsel, with the city as obligee, conditioned for the faithful and due
performance of the provisions of this chapter and the laws of the state concerning the
operation of the licensed business, and the payment of all fines and penalties by reason of
the violation thereof.
6.43.080: ISSUANCE:
Upon receipt of the report from the chief of police and community development group
director, the finance director shall issue the license requested under this chapter unless it
is determined that:
A. The applicant is under the age of 18.
B. The location requested is not in a permanent structure.
C. The applicant plans to operate as a transient merchant as that term is defined in
chapter 6.30 of this Code.
NOVEMBER 17, 2010 VOLUME LXXV
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D. The applicant, its partners, officers or listed shareholders have been convicted of
or had plead guilty to any offense related to theft, burglary, or purchasing or
receiving stolen items under the laws of this state, city or any other jurisdiction
within the past ten years, or have forfeited a bond to appear in court to answer for
charges for such offenses during such time.
E. The location requested and structure to be used would not comply with all
applicable laws including, but not limited to, the zoning code of the city.
F. The applicant, its partners, officers or listed shareholders have held a license or
had an interest in a license issued by the city or any other jurisdiction regulating
the purchase or sale of used property which was revoked for cause.
G. The applicant, its partners, officers or listed shareholders has knowingly furnished
false or misleading information or withheld relevant information on any
application for a license required by this division or any investigation into any
application.
H. The application has not been properly completed and/or the licensing fee required
in this chapter has not been paid.
I. An investigation reveals that the applicant has falsified information on the
application.
J. There is an outstanding code violation on the proposed premises, unless the
applicant can provide satisfactory evidence that the condition will be corrected
within a reasonable time, and the conduct of the business pending the correction
of such condition will not endanger the public health, safety or welfare.
K. Failure to comply with other provisions of this chapter or applicable requirements
of law.
6.43.090: POSTING:
Every license issued under the provisions of this chapter shall, at all times during the
period for which it is effective, be posted in a conspicuous place at or near the principal
entrance to the premises for which the license is issued.
6.43.100: TRANSFER:
A. No license issued under this division may be transferred to any other person.
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B. No corporate resale dealer licensee shall permit any transfer of its stock which
would vest in aggregate more than five percent (5%) of the stock outstanding in
such corporation in any shareholder unless such shareholder has been certified by
the finance director as meeting the requirements of this chapter.
6.43.110: CHANGE OF LOCATION:
No resale dealer shall carry on any business required to be licensed under this chapter
except at the location designated on the license. Should the resale dealer wish to change
the location, application shall be made to the finance director for such change in writing.
The finance director shall approve the change of location unless the new location would
be contrary to the provisions of this chapter the ordinances of the city or any other
applicable requirements of law.
6.43.120: HOURS OF OPERATION:
No resale dealer shall purchase any goods, wares, articles or things whatsoever from any
person before the hour of 6:00 a.m. or after the hour of 9:00 p.m.
6.43.130: PROHIBITED PURCHASES:
No resale dealer under this chapter shall purchase or accept any goods, wares, articles, or
things under any of the following circumstances:
A. Where the seller is less than the age of 18.
B. Where the seller is intoxicated, as that term is defined in section 10.33.010 of this
Code.
C. Where the seller fails to present at least one (1) form of Approved Identification
that contains the seller’s full legal name, residence address and a photograph, as
required in section 6.43.150A6.
D. Where the article to be purchased had an original manufacturer's serial number at
the time it was new, but no longer legibly exhibits such number.
E. Where the seller is known to be a thief or has been convicted of theft, burglary,
robbery or possession of stolen property.
6.43.140: PURCHASING, SELLING; WEAPONS PROHIBITED:
No resale dealer shall deal in, or buy or sell, or display in his shop, any pistol, revolver,
derringer, Bowie knife, dirk or other deadly weapon of like character, capable of being
secreted upon the person unless such resale dealer shall also possess a valid and current
license for such deadly weapon as provided by state and federal law.
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6.43.150: RECORDS OF PURCHASES:
A. Every resale dealer shall keep and maintain at the licensed location a book in
which the resale dealer shall cause to be entered in English for each purchase or
receipt of property the following information:
1. A succinct and accurate description of all property taken, purchased or received
in the course of the business licensed under this chapter, including any number or
inscription that may be in or on such property, and the amount paid by the resale
dealer for such property. The description of each audio-video equipment, musical
instrument, camera, appliance or machine of any type shall include the brand
name; the model number, if available; any serial number or other identification
number installed by the manufacturer; and a description of every other identifying
marking, such as inscription, a Social Security number, a name, a nickname or
address appearing on the item. The description of each watch shall include the
brand name; model number, if available; a description of the metal or metals of its
composition; a description of the brand, if any; a description of the face by
number, color, cut, shape and type of stone or stones, if any; and a description of
any inscriptions appearing on the watch. The description of each item of jewelry
shall include the type; a description of the metal or metals of its composition; the
type, shape and cut of each stone; and a description of all inscriptions.
2. The full legal name of the person from whom the property is received including
full first name and middle initial, if any.
3. Such person's current residential address, date of birth and physical description;
the amount given or loaned to such person and the terms thereof. The physical
description of the person who sells property to the resale dealer shall consist of
such person’s height (as estimated by the resale dealer) and gender.
4. The signature of the employee who received the property.
5. A signed statement of the person from whom the property was obtained that he
or she is over 18 years of age and the legal owner of same clear of all attachments
and with the legal right to sell. Resale dealer shall inquire with the person selling
the property where the property was obtained for the purposes of determining if
the transfer of the property from that person was a lawful transaction and will
enter the seller’s response in such records. If the seller presents a bill of sale,
receipt or other document indicating that the person is in lawful possession of the
property, or otherwise was lawfully acquired, the resale dealer shall photocopy
such document and maintain it with the records otherwise required by this section.
6. The name and address of the person or persons from whom the property is
received shall be verified from two forms of identification, to be shown to the
resale dealer by each person selling any property or other items to the resale
dealer. At least one of the two forms of identification must include an Approved
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Identification which lists the person’s name and residence address and includes a
photocopy of such person. The resale dealer shall make and record a photocopy
or electronic scan of the presented form(s) of Approved Identification. If the
person delivering the used property does not have at least one (1) of the forms of
Approved Identification required by this ordinance, the resale dealer shall not
complete the transaction.
7. The vehicle license plate number of the seller.
B. Entries made in the register shall be printed or typed in ink and shall be legible.
C. All entries shall be made immediately upon receipt or purchase of any property.
No entry made in the record of purchases shall be erased, obliterated or defaced.
D. For purposes of this section, the phrase “printed or typed in ink” may include a
computer printout, and “book” includes an accessible computer database capable
of being printed at the resale dealer’s business location.
E. A copy of the completed record shall be kept in a separate book or register by the
resale dealer and shall be retained for a period of three (3) years. Such book or
register shall at all times during the resale dealer’s business hours be open to the
inspection of any member of the city’s police department.
6.43.160: REPORTS TO CHIEF OF POLICE:
A. It shall be the duty of every resale dealer under this chapter to have available for
delivery to the chief of police, or officer designated by the chief of police, every
business day and before the hour of 12:00 noon, a legible and correct copy from
the register of all personal property, or the valuable things, received or deposited
or purchased the preceding day in whatever quantity received, including property
purchased as used merchandise at wholesale, used merchandise taken in for sale
or possessed on consignment for sale, and used merchandise taken in for trade.
B. No resale dealer shall be required to furnish such description of any new property
purchased by the resale dealer from manufacturers, other retailers or wholesale
dealers having an established place of business, or of any goods purchased at open
sale, or from a bankrupt stock. Such goods must be accompanied by a bill of sale
or other evidence of open and legitimate purchase and shall at all times during the
resale dealer’s business hours be open to the inspection of members of the city’s
police department.
6.43.170: INSPECTION OF PREMISES;
Every resale dealer under this chapter and every person employed by him in the conduct
of business shall admit to any and every part of the premises designated in the license,
during the resale dealer’s business hours, any police officer of the city to examine any
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goods, articles, things or books or other records on the premises dealing with purchase or
sale of used property.
6.43.180: WAITING PERIOD:
Every resale dealer under this chapter shall keep all property purchased or received
available for inspection on the licensed premises for a period of ten (10) days from the
date of purchase or receipt. The resale dealer shall hold such property on the licensed
premises for such ten (10)-day period in such a manner as to be identifiable and separate
from property obtained in other transactions. The resale dealer shall not alter such
property purchased or received in any manner during the ten-day waiting period.
6.43.190: REMOVAL OF IDENTIFYING MARKS PROHIBITED:
No resale dealer shall remove, alter or obliterate any manufacturers make, model or serial
number, personal identification number, or identifying marks engraved or etched upon an
item of personal property that was purchased or received by the resale dealer.
6.43.200: VIDEO CAMERA SURVEILLANCE REQUIRED:
Each resale dealer shall be required to install, operate and maintain a video camera
surveillance system capable of recording clear and unobstructed photographic
representations of the resale dealer's customers and shall retain the video tape recordings
produced therefrom for at least thirty (30) days. Said video tape recording shall be
subject to inspection and copying by members of the city’s police department during the
licensee’s business hours.
6.43.210: INVENTORY SYSTEM:
Every resale dealer shall maintain an inventory system of all property purchased or
received in such a manner that members of the city’s police department making an
inspection pursuant to this chapter can readily ascertain the identity of such property and
readily locate such property on the licensed premises.
6.43.220: SUSPENSION OR REVOCATION:
In addition to any other penalty which may be authorized by this Chapter or other city
ordinances, the finance director may suspend or revoke any license issued pursuant to this
Chapter for:
A. Failure of the resale dealer licensee, its officers, agents or employees to comply
with any provision of this Chapter, any other applicable ordinances, the laws of
the State, federal laws or other applicable legal requirements.
B. Finding that the resale dealer licensee, its partners, officers or shareholders have
been convicted of any offense set forth in section 6.43.080D of this Chapter; or
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559
C. Finding that the resale dealer licensee, its partners, officers or shareholders have
knowingly furnished false or misleading information or withheld relevant
information on any application for a license required by this Chapter or any
investigation on any application.
The resale dealer shall be responsible for the acts of its agents, servants and employees in
the operation of the business. Prior to holding a hearing concerning the question of
whether a license shall be revoked or suspended, the finance director shall give at least
ten (10) days written notice to the resale dealer setting forth the alleged violation
specifically. The resale dealer may present evidence and cross-examine witnesses at such
hearing.
6.43.230: SUMMARY SUSPENSION:
Where the finance director presents to the city manager sufficient evidence demonstrating
probable cause to believe that the licensee has violated the provisions of this code or the
laws of the United States or the State, and that said violation will immedi ately threaten
the public health, safety or welfare, the city manager may, upon the issuance of a written
order stating the reason for such conclusion, and without prior notice or hearing, order the
licensed premises closed and the license summarily suspended pending a public hearing
and determination on suspension or revocation. Such hearing shall be commenced not
more than seven (7) days following entry of such an order, unless the licensee shall agree
to a longer period of time. The procedures for such a hearing or any appeal with respect
thereto shall be as otherwise provided in this chapter. Upon entry of an order of
summary suspension, the licensee shall be served with a copy of the order and notice of
violation and a hearing in the manner provided by this chapter.
6.43.240: NOTICE OF HEARING:
Except as provided in section 6.43.220 hereof, prior to suspension or revocation of a
license under this chapter, the licensee shall be notified in writing of the nature of the
violation(s) and an opportunity for a hearing will be provided if a written request for a
hearing is filed with the finance director by the holder of the license within ten (10) days.
If a written request is filed within ten (10) days, a hearing date shall be set within ten (10)
days of receipt of the request. If no written request for a hearing is filed within ten (10)
days, the suspension or revocation shall be sustained.
6.43.250: HEARINGS:
As provided in this chapter, a hearing shall be conducted by the finance director or his
designee affording the licensee an opportunity to appear and defend the charges. The
finance director shall make a final decision in writing, including the reasons for such
decision, and shall serve such decision on the licensee within ten (10) days after the
conclusion of the hearing.
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6.43.260: APPEALS:
A. Any person aggrieved by the action or decision of the city’s finance director to
deny, suspend or revoke a license applied for or issued under the provisions of
this chapter shall have the right to appeal such action or decision to the city
manager within ten (10) days after the notice of action or decision has been
mailed to the licensee’s address as shown on the license application form, or to
the licensee’s last known address.
B. An appeal shall be taken by filing with the city’s finance director a written
statement sending forth the grounds for appeal.
C. The city’s finance director shall transmit the written statement to the city manager
within ten days of its receipt and the city manager shall set a time and place for a
hearing on the appeal. The city manager may designate an authorized
representative to conduct such hearing.
D. A hearing shall be set not later than twenty (20) days from the date of receipt of
the appellant’s written statement.
E. Notice of the time and place of the hearing shall be given to the appellant in the
same manner as provided for the mailing of notice of action decision.
F. The city manager or the city manager’s designee shall serve a decision on the
licensee within ten (10) days after the conclusion of the hearing on such appeal.
6.43.270: PENALTY FOR VIOLATION:
A. Any person violating any of the provisions or failure to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
convicted of an offense under this chapter, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine in an amount of not less
than five hundred dollars ($500.00) for each offense.
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and he shall be punished accordingly.
C. The levy and/or payment of any payment or fine provided in this chapter shall not
be deemed a waiver of the power of the city to suspend, revoke or to refuse to
renew a license or to refuse to renew a license or to seek injunctive relief to enjoin
violations of this chapter or other applicable provisions of law.
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6.43.280: SEVERABILITY:
If any provision, cause, sentence, paragraph, section or part of this chapter or application
thereof to any person or circumstance, shall or any reason to be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect,
impair or invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to the provision,
clause, sentence, paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the city council that this
chapter would have been adopted had such constitutional or invalid provisions, clause,
sentence, paragraph, section or part thereof not been included.
Section 2. That Title 6 of the Elgin Municipal Code, 1976, as amended, entitled
“Business Licenses and Regulations,” be and is hereby amended by creating Chapter 6.44,
entitled, “Recyclable Metal Dealers,” to read as follows:
SECTION:
6.44.010: Definitions
6.44.020: License Required
6.44.030: Application
6.44.040: Fees
6.44.050: Investigation of Applicant
6.44.060: Bond Prerequisite to Issuance
6.44.070: Issuance
6.44.080: Posting
6.44.090: Transfer
6.44.100: Change of Location
6.44.110: Hours of Operation
6.44.120: Records of Purchases
6.44.130: Prohibited Purchases
6.44.140: Reports to Chief of Police
6.44.150: Inspections of Premises
6.44.160: Waiting Period
6.44.170: Video Camera Surveillance Required
6.44.180: Inventory System
6.44.190: Suspension or Revocation
6.44.200: Summary Suspension
6.44.210: Notice of Hearing
6.44.220: Hearings
6.44.230: Appeals
6.44.240: Penalty for Violation
6.44.250: Severability
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6.44.010: DEFINITIONS:
“Approved Identification” shall mean any one of the following validly issued and
unexpired forms of identification, which includes a photograph of the person: (i) a United
States passport, (ii) a state driver’s license, (iii) a state issued identification card, (iv) a
military identification card, or (v) a United States permanent resident card.
“Person” means a natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business, trust or organization; or the manager,
lessee, agent, servant, officer or employee of any of them.
"Recyclable metal" means any copper, brass, or aluminum, or any combination of those
metals, purchased by a recyclable metal dealer, irrespective of form or quantity, except
that "recyclable metal" does not include: (i) items designed to contain, or to be used in
the preparation of, beverages or food for human consumption; (ii) discarded items of non-
commercial or household waste; (iii) gold, silver, platinum, and other precious metals
used in jewelry; or (iv) vehicles, junk vehicles, vehicle cowls, or essential vehicle parts.
"Recyclable metal dealer" means any individual, firm, corporation or partnership engaged
in the business of purchasing and reselling recyclable metal either at a permanently
established place of business or in connection with a business of an itinerant nature,
including junk shops, junk yards, or junk stores, except that "recyclable metal dealer"
does not include automotive parts recyclers, scrap processors, repairers and rebuilders
licensed pursuant to section 5-301 of the Illinois Vehicle Code, as amended. Recyclable
metal dealers shall not be engaged in the business of purchasing or reselling vehicles,
junk vehicles, vehicle cowls, or essential vehicle parts
6.44.020: LICENSE REQUIRED:
No person, either as owner, manager, lessee, officer or agent, or in any other capacity,
shall operate or permit to be operated a recyclable metal dealership without first having
obtained a license from the city to do so. The license fee shall be due and payable on or
before February 1 of each year. The requisite fee shall accompany all original or renewal
applications. Such licenses shall expire on January 31, next after the date of issue.
Failure or neglect to pay the requisite license fee in a timely manner shall be cause for
denial of issuance or non-renewal or revocation as the case may be.
6.44.030: APPLICATION:
An application for a license required by this chapter shall be made in writing under oath
to the city’s finance director on a form prescribed by the city’s finance director. All
references to the finance director in this chapter shall be deemed to include the finance
director or his authorized designee. Each application shall include, but not be limited to,
the following information:
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563
A. The name of the individual, partnership, corporation or association applying for a
license.
B. The residence, phone number, date of birth and driver's license number of the
applicant or partners; or, if a corporation or association, the residence, phone
number and driver's license number of the officers and all shareholders owning
more than five percent (5%) of the outstanding shares of stock.
C. The location for which the license is requested.
D. Whether the applicant, its partners, officers or listed shareholders have been
convicted of any criminal offense or ordinance violation (other than traffic or
parking offenses) in any jurisdiction and, if so, a list of such convictions with date
and prosecuting jurisdiction.
E. Such information as required by the chief of police in order to conduct a criminal
history background investigation on the applicant, its partners, officers or listed
shareholders owning more than five percent (5%) of the outstanding shares of
stock.
F. Whether the applicant, its partners, officers or listed shareholders have held a
license or had an interest in a license issued by the city, state or any other
jurisdiction regulating the purchase or sale of recyclable metals revoked for cause,
and, if so, list the date of revocation and jurisdiction.
G. A statement whether the applicant has made application for a similar or other
license on premises other than described in the application, and the disposition of
such application.
6.44.040: FEES:
The applicant for a license required by this chapter shall pay the finance director at the
time of filing an application a license fee of two hundred dollars ($200.00) per calenda r
year or part thereof. Should the license be denied, the license fee shall be refunded to the
applicant.
6.44.050: INVESTIGATION OF APPLICANT:
Upon receipt of an application for a license under this chapter, the finance director shall
cause a copy thereof to be sent to the chief of police and the community development
group director both of whom shall report back to the finance director in thirty (30) days
whether the applicant is in accordance with applicable city codes. The investigation by
the chief of police shall include, but not be limited to, conducting a criminal history
background investigation on the applicant, its partners, officers or listed shareholders
owning more than five percent (5%) of the outstanding shares of stock.
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6.44.060: BOND PREREQUISITE TO ISSUANCE:
Every applicant for a license under this chapter shall file with the city a license and
permit bond in the penal sum of one thousand dollars ($1,000.00), approved by the
corporation counsel, with the city as obligee, conditioned for the faithful and due
performance of the provisions of this chapter and the laws of the state concerning the
operation of the licensed business, and the payment of all fines and penalties by reason of
the violation thereof.
6.44.070: ISSUANCE:
Upon receipt of the report from the chief of police and community development group
director, the finance director shall issue the license requested under this chapter unless it
is determined that:
A. The applicant is under the age of 18.
B. The location requested is not in a permanent structure.
C. The applicant, its partners, officers or listed shareholders have been convicted of
or had plead guilty to any offense related to theft, burglary, or purchasing or
receiving stolen items under the laws of this state, city or any other jurisdiction
within the past ten years, or have forfeited a bond to appear in court to answer for
charges for such offenses during such time.
D. The location requested and structure to be used would not comply with all
applicable laws, including, but not limited to, the zoning code of the city.
E. The applicant, its partners, officers or listed shareholders have held a license or
had an interest in a license issued by the city, state or any other jurisdiction
regulating the purchase or sale of recyclable metals which was revoked for cause.
F. The applicant, its partners, officers or listed shareholders has knowingly furnished
false or misleading information or withheld relevant information on any
application for a license required by this chapter or any investigation into any
application.
G. The application has not been properly completed and/or the licensing fee required
in this chapter has not been paid.
H. An investigation reveals that the applicant has falsified information on the
application.
I. There is an outstanding code violation on the proposed premises, unless the
applicant can provide satisfactory evidence that the condition will be corrected
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within a reasonable time, and the conduct of the business pending the correction
of such condition will not endanger the public health, safety or welfare.
J. Failure to comply with other provisions of this chapter or applicable requirements
of law.
6.44.080: POSTING:
Every license issued under the provisions of this chapter shall, at all times during the
period for which it is effective, be posted in a conspicuous place at or near the principal
entrance to the premises for which the license is issued.
6.44.090: TRANSFER:
A. No license issued under this division may be transferred to any other person.
B. No corporate recyclable metal dealer licensee shall permit any transfer of its stock
which would vest in aggregate more than five percent (5%) of the stock
outstanding in such corporation in any shareholder unless such shareholder has
been certified by the finance director as meeting the requirements of this chapter.
6.44.100: CHANGE OF LOCATION:
No recyclable metal dealer shall carry on any business required to be licensed under this
chapter except at the location designated on the license. Should the recyclable metal
dealer wish to change the location, application shall be made to the finance director for
such change in writing. The finance director shall approve the change of location unless
the new location would be contrary to the provisions of this chapter or any of the
ordinances of the city.
6.44.110: HOURS OF OPERATION:
No recyclable metal dealer shall purchase any goods, wares, articles or things whatsoever
from any person before the hour of 6:00 a.m. or after the hour of 9:00 p.m.
6.44.120: RECORDS OF PURCHASES:
A. Every recyclable metal dealer shall keep and maintain at the licensed location a
book in which the recyclable metal dealer shall cause to be entered, in English, for
each purchase or receipt of recyclable metal, the following information:
1. The name and address of the recyclable metal dealer.
2. The date and place of each purchase.
3. The full legal name and address of the person or persons from whom the
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recyclable metal was purchased. The name and address of the person or persons
from whom the recyclable metal is received shall be verified from two forms of
identification, to be shown to the recyclable metal dealer by each person selling
any recyclable metal or other items to the recyclable metal dealer. At least one of
the two forms of identification must include an Approved Identification which
lists the person’s name and residence address and include a photograph of such
person. The recyclable metal dealer shall make and record a photocopy or
electronic scan of the presented form(s) of Approved Identification. If the person
delivering the recyclable metal does not have at least one (1) of the forms of
Approved Identification required by this ordinance, the recyclable metal dealer
shall not complete the transaction. The requirement to provide two (2) forms of
identification as provided in this subsection shall not apply to electrical
contractors, to agencies or instrumentalities of the State of Illinois or of the United
States, to common carriers or to purchases from persons, firms or corporations
regularly engaged in the business of manufacturing recyclable metal, the business
of selling recyclable metal at retail or wholesale, in the business of razing,
demolishing, destroying or removing buildings, to the purchase of one recyclable
metal dealer from another or the purchase from persons, firms or corporations
engaged in either the generation, transmission or distribution of electric energy or
in telephone, telegraph and other communications if such common carriers,
persons, firms or corporations at the time of the purchase provide the recyclable
metal dealer with a bill of sale or other written evidence of title to the recyclable
metal. The requirement for two (2) forms of identification as provided in this
subsection shall also not apply to contractual arrangements between recyclable
metal dealers.
4. The motor vehicle license number and state of issuance of the motor vehicle
license number of the vehicle or conveyance on which the recyclable metal was
delivered to the recyclable metal dealer.
5. A description of the recyclable metal purchased, including the kind of metal
and the weight and whether it consists of bars, cable, ingots, rods, tubing, wire,
wire scraps, clamps, connectors, other appurtenances, or some combination
thereof.
6. The recyclable metal dealer shall inquire with the person selling the recyclable
metal where the recyclable metal was obtained for the purposes of determining if
the recyclable metal from that person is a lawful transaction and will enter the
seller’s response in such records. If the seller presents a bill of sale, receipt or
other document indicating that the person is in lawful possession of the recyclable
metal, or otherwise was lawfully acquired, the recyclable metal dealer shall
photocopy such document and maintain it with the records otherwise required by
this section.
7. The vehicle license plate number of the seller.
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B. Entries made in the records shall be printed or typed in ink and shall be legible.
C. All entries shall be made immediately upon receipt or purchase of any recyclable
metal or other property. No entry made in the record of purchases shall be erased,
obliterated or defaced.
D. For purposes of this section, the phrase “printed or typed in ink” may include a
computer printout, and “book” includes an accessible computer database capable
of being printed at the recyclable metal dealer’s business location.
E. A copy of the completed record shall be kept in a separate book or register by the
recyclable metal dealer and shall be retained for a period of three (3) years. Such
book or register shall at all times during the recyclable metal dealer’s business
hours be open to the inspection of any member of the city’s police department.
6.44.130: PROHIBITED PURCHASES:
No recyclable metal dealer under this chapter shall purchase or accept any recyclable
metals under any of the following circumstances:
A. Where the seller is less than the age of 18.
B. Where the seller is intoxicated, as that term is defined in section 10.33.010 of this
Code.
C. Where the seller fails to present at least one (1) form of Approved Identification
that contains the seller’s full legal name, residence address and a photograph, as
required in section 6.44.120A3.
D. Where the seller is known to be a thief or has been convicted of theft, burglary,
robbery or possession of stolen property.
E. A recyclable metal dealer shall not purchase metal beer kegs from any person
other than the beer manufacturer whose identity is printed, stamped, attached, or
otherwise displayed on the beer keg, or from the manufacturer's authorized
representative. The recyclable metal dealer shall obtain a proof of ownership
record from a person selling the beer keg, including any person selling a beer ke g
with an indicia of ownership that is obliterated, unreadable, or missing, and shall
also verify the seller's identity by a driver's license or other government-issued
photo identification. The proof of ownership record shall include all of the
following information:
1. The name, address, telephone number, and signature of the seller or the seller's
authorized representative.
2. The name and address of the buyer, or consignee if not sold.
NOVEMBER 17, 2010 VOLUME LXXV
568
3. A description of the beer keg, including its capacity and any indicia of
ownership or other distinguishing marks appearing on the exterior surface.
4. The date of transaction.
The information required to be collected by this subsection shall be kept for one
(1) year from the date of purchase or delivery, whichever is later.
F. Except as provided below, a recyclable metal dealer shall not purchase or attempt
to purchase the following types of scrap metal:
1. Scrap metal marked with the initials of an electrical, telephone, cable or other
public utility.
2. Utility access covers.
3. Street light poles and fixtures.
4. Road and bridge guard rails.
5. Highway or street signs.
6. Water meter covers.
7. Traffic directional and control signs.
8. Traffic light signals.
9. Any recyclable metal visibly marked or painted with a name of a
governmental agency, business, company or the name of the owner of such metal.
10. Property owned by a telephone company, a cable, electric, water or other
utility or by a railroad and marked or otherwise identified as such.
11. Unused and undamaged historical markers or grave markers and vases.
It is an exception to the application of this subsection that the person attempting to
sell the recyclable metal provides reasonable, written documentation that the
seller is the owner of the recyclable metal or is an employee, agent or other person
authorized to sell the recyclable metal on behalf of the owner. The recyclable
metal dealer shall make a photocopy of any documentation provided pursuant to
this subsection and retain a copy as part of the transaction record, and shall
maintain such photocopy for a period of three (3) years following the transaction.
All photocopies shall at all times during the licensee’s business hours be open to
the inspection of members of the city’s police department.
6.44.140: REPORTS TO CHIEF OF POLICE:
A. It shall be the duty of every recyclable metal dealer under this chapter to have
available for delivery to the chief of police, or officer designated by the chief of
police, every business day and before the hour of 12:00 noon, a legible and
correct copy from the register of all recyclable metal received or deposited or
purchased the preceding day in whatever quantity received, including recyclable
metal purchased at wholesale, recyclable metal taken in for sale or possessed on
consignment for sale, and recyclable metal taken in for trade.
VOLUME LXXV NOVEMBER 17, 2010
569
B. No recyclable metal dealer shall be required to furnish such description of any
recyclable metals purchased by the recyclable metal dealer from manufacturers,
other retailers or wholesale dealers having an established place of business, or of
any recyclable metal purchased at open sale, or from a bankrupt stock. Such
recyclable metal purchases must be accompanied by a bill of sale or other
evidence of open and legitimate purchase and shall at all times during the
licensee’s business hours be open to the inspection of members of the city’s
police department
6.44.150: INSPECTION OF PREMISES:
Every recyclable metal dealer under this chapter and every person employed by him or
her in the conduct of business shall admit to any and every part of the premises
designated in the license, during the recyclable metal dealer’s business hours, any police
officer of the city to examine any recyclable metal or books or other records on the
premises dealing with purchase or sale of recyclable metal.
6.44.160: WAITING PERIOD:
Every recyclable metal dealer under this chapter shall keep all recyclable metal purchased
or received available for inspection on the licensed premises for a period of ten (10) days
from the date of purchase or receipt. The recyclable metal dealer shall hold such
recyclable metal on the licensed premises for such ten (10)-day period in such a manner
as to be identifiable and separate from recyclable metal obtained in other transactions.
The recyclable metal dealer shall not alter such recyclable metal purchased or received in
any manner during the ten-day waiting period.
6.44.170: VIDEO CAMERA SURVEILLANCE REQUIRED:
Each recyclable metal dealer shall be required to install, operate and maintain a video
camera surveillance system capable of recording clear and unobstructed photographic
representations of the recyclable metal dealer's customers and shall retain the video tape
recordings produced therefrom for at least thirty (30) days. Said video tape reco rding
shall be subject to inspection and copying by members of the city’s police department
during the licensee’s business hours.
6.44.180: INVENTORY SYSTEM:
Every recyclable metal dealer shall maintain an inventory system of all recyclable metal
purchased or received in such a manner that members of the city’s police department
making an inspection pursuant to this chapter can readily ascertain the identity of such
recyclable metal and readily locate such recyclable metal on the licensed premises.
NOVEMBER 17, 2010 VOLUME LXXV
570
6.44.190: SUSPENSION OR REVOCATION:
In addition to any other penalty which may be authorized by this Chapter or other city
ordinances, the finance director may suspend or revoke any license issued pursuant to this
Chapter for:
A. Failure of the recyclable metal dealer licensee, its officers, agents or employees to
comply with any provision of this Chapter, any other applicable ordinances, the
laws of the State, federal laws or other applicable legal requirements.
B. Finding that the recyclable metal dealer licensee, its partners, officers or
shareholders have been convicted of any offense set forth in section 6.43.080D of
this Chapter; or
C. Finding that the recyclable metal dealer licensee, its partners, officers or
shareholders have knowingly furnished false or misleading information or
withheld relevant information on any application for a license required by this
Chapter or any investigation on any application.
The recyclable metal dealer shall be responsible for the acts of its agents, servants and
employees in the operation of the business. Prior to holding a hearing concerning the
question of whether a license shall be revoked or suspended, the finance director shall
give at least ten (10) days' written notice to the recyclable metal dealer setting forth the
alleged violation specifically. The recyclable metal dealer may present evidence and
cross-examine witnesses at such hearing.
6.44.200: SUMMARY SUSPENSION:
Where the finance director presents to the city manager sufficient evidence demonstrating
probable cause to believe that the licensee has violated the provisions of this code or the
laws of the United States or the State, and that said violation will immediately threaten
the public health, safety or welfare, the city manager may, upon the iss uance of a written
order stating the reason for such conclusion, and without prior notice or hearing, order the
licensed premises closed and the license summarily suspended pending a public hearing
and determination on suspension or revocation. Such hearing shall be commenced not
more than seven (7) days following entry of such an order, unless the licensee shall agree
to a longer period of time. The procedures for such a hearing or any appeal with respect
thereto shall be as otherwise provided in this chapter. Upon entry of an order of
summary suspension, the licensee shall be served with a copy of the order and notice of
violation and a hearing in the manner provided by this chapter.
6.44.210: NOTICE OF HEARING:
Except as provided in section 6.43.200 hereof, prior to suspension or revocation of a
license under this chapter, the licensee shall be notified in writing of the nature of the
violation(s) and an opportunity for a hearing will be provided if a written request for a
VOLUME LXXV NOVEMBER 17, 2010
571
hearing is filed with the finance director by the holder of the license within ten (10) days.
If a written request is filed within ten (10) days, a hearing date shall be set within ten (10)
days of receipt of the request. If no written request for a hearing is filed within ten (10)
days, the suspension or revocation shall be sustained.
6.44.220: HEARINGS:
As provided in this chapter, a hearing shall be conducted by the finance director or his
designee affording the licensee an opportunity to appear and defend the charges. The
finance director shall make a final decision in writing, including the reasons for such
decision, and shall serve such decision on the licensee within ten (10) days after the
conclusion of the hearing.
6.44.230: APPEALS:
A. Any person aggrieved by the action or decision of the city’s finance director to
deny, suspend or revoke a license applied for or issued under the provisions of
this chapter shall have the right to appeal such action or decision to the city
manager within ten (10) days after the notice of action or decision has been
mailed to the licensee’s address as shown on the license application form, or to
the licensee’s last known address.
B. An appeal shall be taken by filing with the city’s finance director a written
statement sending forth the grounds for appeal.
C. The city’s finance director shall transmit the written statement to the city manager
within ten days of its receipt and the city manager shall set a time and place for a
hearing on the appeal. The city manager may designate an authorized
representative to conduct such hearing.
D. A hearing shall be set not later than twenty (20) days from the date of receipt of
the appellant’s written statement.
E. Notice of the time and place of the hearing shall be given to the appellant in th e
same manner as provided for the mailing of notice of action decision.
F. The city manager or the city manager’s designee shall serve a decision on the
licensee within ten (10) days after the conclusion of the hearing on such appeal.
6.44.240: PENALTY FOR VIOLATION:
A. Any person violating any of the provisions or failure to comply with any of the
mandatory requirements of this chapter shall be guilty of an offense. Any person
convicted of an offense under this chapter, in addition to other legal and equitable
remedies available to the city, shall be punished by a fine in an amount of not less
than five hundred dollars ($500.00) for each offense.
NOVEMBER 17, 2010 VOLUME LXXV
572
B. Any person shall be guilty of a separate offense for each and every day during any
portion of which any violation of any provision of this chapter is committed,
continued or permitted by any such person, and he shall be punished accordingly.
C. The levy and/or payment of any payment or fine provided in this chapter shall not
be deemed a waiver of the power of the city to suspend, revoke or to refuse to
renew a license or to refuse to renew a license or to seek injunctive relief to enjoin
violations of this chapter or other applicable provisions of law.
6.44.250: SEVERABILITY:
If any provision, cause, sentence, paragraph, section or part of this chapter or application
thereof to any person or circumstance, shall or any reason to be adjudged by a court of
competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect,
impair or invalidate the remainder of this chapter and the application of such provision to
other persons or circumstances, but shall be confined in its operation to the provision,
clause, sentence, paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the city council that this
chapter would have been adopted had such constitutional or invalid provisions, cl ause,
sentence, paragraph, section or part thereof not been included.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect on and after January 1,
2011, upon its passage and publication in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Passed: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 17, 2010
Published: November 19, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXV NOVEMBER 17, 2010
573
ORDINANCE G53-10 PASSED GRANTING A MAP AMENDMENT FROM GI
GENERAL INDUSTRIAL DISTRICT TO PAB PLANNED AREA BUSINESS DISTRICT
(525 TOLLGATE ROAD)
Councilmember Warren made a motion, seconded by Councilmember Steffen, to pass the
following ordinance. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain,
Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Ordinance No. G53-10
AN ORDINANCE
GRANTING A MAP AMENDMENT FROM GI GENERAL INDUSTRIAL DISTRICT TO
PAB PLANNED AREA BUSINESS DISTRICT
(525 Tollgate Road)
WHEREAS, written application has been made requesting a map amendment from GI
General Industrial District to PAB Planned Area Business District.
WHEREAS, the Planning and Development Commission conducted a public hearing
after due notice by publication and has submitted its findings of fact and recommended approval;
and
WHEREAS, the City Council of the City of Elgin concurs in the findings and
recommendation of the Planning and Development Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That the City Council of the City of Elgin hereby adopts the Findings of
Fact, dated October 4, 2010, made by the Planning and Development Commission, a copy of
which is attached hereto and made a part hereof by reference as Exhibit A.
Section 2. That Chapter 19.08, Section 19.08.020 entitled Zoning District map of the
Elgin Municipal Code, as amended, be and the same is hereby further amended by adding
thereto the following paragraph:
The boundaries hereinafter laid out in the Zoning District Map, as amended, be and are
hereby altered by including in the PAB Planned Area Business District the following
described property:
Lots 35 and 36 in North Elgin Industrial Plaza, according to the plat thereof recorded
September 17, 1973 as Document No. 1278513, excepting therefrom that part of said Lot
36 bounded by a line described as follows:
Beginning at the Northwest corner of said Lot 36; thence North 90° 00’ 00” East, along
the North Line thereof, 170.04 feet; thence South 00° 00’ 00” East, 349.42 feet; thence
NOVEMBER 17, 2010 VOLUME LXXV
574
North 90° 00’ 00” East, 11.16 feet; thence South 00° 00’ 00” East 108.00 feet; thence
south 58°22’22” West, 212.81 feet to a point in the West line of said Lot, 149.92 feet
North of the Southwest corner thereof, thence North 00°00’00” east, along said West
line, 569.01 feet to the place of beginning, all in the Southwest ¼ of Section 34,
Township 42 North, Range 8 East of the Third Principal Meridian, in the City of Elgin,
Kane County, Illinois (Property commonly known as 525 Tollgate Road).
Section 3. That the City Council of the City of Elgin hereby grants the rezoning from
GI General Industrial District to PAB Planned Area Business District for the property commonly
known as 525 Tollgate Road, and legally described above, which shall be designed, developed,
and operated subject to the following provisions:
A. Purpose and Intent. The purpose and intent of the PAB zoning district is to
provide a planned commercial environment, subject to the provisions of Chapter
19.60 Planned Developments, of the Elgin Municipal Code, 1976, as amended.
B. Supplementary Regulations. Any word or phrase contained herein, followed by
the symbol “[SR]”, shall be subject to the definitions and the additional
interpretive requirements provided in Chapter 19.90, Supplementary Regulations
of the Elgin Municipal Code, 1976, as amended. The exclusion of such symbol
shall not exempt such word or phrase from the applicable supplementary
regulation.
C. General Provisions. In this PAB zoning district, the use and development of
land and structures shall be subject to the provisions of Chapter 19.05, General
Provisions of the Elgin Municipal Code, 1976, as amended.
D. Zoning Districts - Generally. In this PAB zoning district, the use and
development of land and structures shall be subject to the provisions of Chapter
19.07, Zoning Districts of the Elgin Municipal Code, 1976, as amended.
E. Location and Size of District. This PAB zoning district should be located in
substantial conformance to the official comprehensive plan. The amount of land
necessary to constitute a separate PAB zoning district exclusive of rights -of-way,
but including adjoining land or land directly opposite a right of way shall not be
less than two acres.
F. Land Use. In this PAB zoning district, the use and development of land and
structures shall be subject to the provisions of Chapter 19.10, Land Use of the
Elgin Municipal Code, 1976, as amended. The only permitted, conditional, and
similar land uses allowed within this PAB zoning district shall be t hose permitted,
conditional, and similar land uses listed in Chapter 19.35.430, AB Area Business
District.
A. Permitted Uses: The following enumerated land uses shall be the only land
uses allowed as a permitted use in this PAB Planned Area Business District:
VOLUME LXXV NOVEMBER 17, 2010
575
1. Omitted.
2. Municipal services division:
Public parks, recreation, open space (UNCL) on a "zoning lot" [SR] containing
less than two (2) acres of land.
3. Offices division:
"Offices" [SR] (UNCL).
4. Finance, insurance, and real estate division:
"Development sales offices" [SR] (UNCL).
Finance, insurance, and real estate (H).
5. Services division:
Advertising (731).
Armored car service (7381).
Automotive renting and leasing without drivers (751).
"Bed and breakfast inns" [SR] (7011).
Carpet and upholstery cleaning agents without plants on the premises (7217).
Carpet or rug cleaning, dying, and/or repairing plants (7217).
Church (8661) restricted to the tenant building at 525 Tollgate Road, Suites
A,B,C,D, E, and F, located within the Elgin Oaks Business Center.
Commercial, economic, sociological and educational research (8732).
Commercial, physical, and biological research (8731).
Computer programming, data processing and other computer related services
(737).
Computer rental and leasing (7377).
Consumer credit reporting agencies, mercantile reporting agencies, and
adjustment and collection agencies (732).
Detective and guard services (7381).
Dry-cleaning plants (7216).
Electrical and electronic repair shops (7629).
Engineering, accounting, research, management and related services (87).
Home healthcare services (808).
"Hotels and motels" [SR] (701).
Industrial launderers (7218).
Job training and vocational rehabilitation services (833).
Legal services (811).
Libraries (823).
Linen supply (7213).
Mailing, reproduction, commercial art and photography, and stenographic
services (733).
Management and public relations services (874).
Medical and dental laboratories (807).
Motion picture distribution and allied services (782).
NOVEMBER 17, 2010 VOLUME LXXV
576
Motion picture production and allied services (781).
News syndicates (7383).
Noncommercial research organizations (8733).
Offices and clinics of dentists (802).
Offices and clinics of doctors of medicine (801).
Offices and clinics of doctors of osteopathy (803).
Offices and clinics of other health practitioners (804).
Other schools and educational services (829).
Outdoor advertising services (7312).
Personnel supply services (736).
Photofinishing laboratories (7384).
Professional sports operators and promoters (7941).
Refrigerator and air conditioning service and repair (7623).
Rental of dogs for protective service (7381).
Reupholstery and furniture repair (764).
Security systems services (7382).
Services to dwellings and other buildings(734),
Tax return preparation services (7291).
Testing laboratories (8734).
Theatrical producers (792).
Truck route laundry and dry cleaning not operated by laundries or cleaners
(7212).
Vocational schools (824).
Watch, clock and jewelry repair (763).
6. Retail trade division:
Auction rooms (5999).
Automatic merchandising machine operators (5962).
Catalog and mail order houses (5961).
Direct selling establishments (5963).
7. Agricultural division:
Crop Services (072).
Farm labor and management services (076).
Landscape counseling and planning (0781).
Lawn and garden services (0782).
Ornamental shrub and tree services (0783).
Soil preparation services (071).
8. Construction division:
Building construction – general contrators and operative builders (15).
Construction – special trade contractors (17).
"Contractor's office and equipment areas" [SR] (UNCL).
Heavy construction – contractors (16).
9. Manufacturing division:
VOLUME LXXV NOVEMBER 17, 2010
577
Apparel and other finished products made from fabrics and similar
materials (23).
Computer and office equipment (357).
Electronic and other electrical equipment and components (36).
Fabricated metal products (34).
Furniture and fixtures (25).
Industrial and commercial machinery and equipment (35).
Leather and leather products (31).
Lumber and wood products (24).
Measuring, analyzing, and controlling instruments; photographic, medical, and
optical goods; and watches and clocks (38).
Primary metal industries (33).
Printing, publishing, and allied industries (27).
Rubber and miscellaneous plastics products (30).
Stone, clay, glass and concrete products (32).
Textile mill products (22).
Tobacco products (21).
Transportation equipment (37).
10. Wholesale trade division:
Apparel piece goods and notions (513).
Beer, wine and distilled alcoholic beverages (518).
Chemicals and allied products (516).
Drugs, drug proprietaries, and druggists' sundries (512).
Electrical goods (506).
Farm product raw materials (515). Furniture
and home furnishings (502).
Groceries and related products (514).
Hardware, and plumbing and heating equipment and supplies (507).
Lumber and other construction materials (503).
Machinery, equipment, and supplies (508).
Metals and minerals, except petroleum (505).
Paper and paper products (511).
Petroleum and petroleum products (517).
Professional and commercial equipment and supplies (504).
11. Transportation, communication and utilities division:
"Amateur radio antennas" [SR] (UNCL).
Arrangement of passenger transportation (472).
Arrangement of transportation of freight and cargo (473).
Branch United States post offices (4311).
Bus charter service operators' offices (414).
Cable and other pay television services (484).
"Commercial antenna tower” [SR] (UNCL).
"Commercial antennas and antenna structures mounted on existing structures"
NOVEMBER 17, 2010 VOLUME LXXV
578
[SR] (UNCL).
Communication services not elsewhere classified (489).
Courier services (4215).
Freight forwarding in general (4731).
Intercity and rural bus transportation operators' offices (413).
"Loading facilities" [SR], exclusively "accessory" [SR] to a use allowed in the
zoning district, subject to the provisions of chapter 19.47 of this title (UNCL).
Local and suburban passenger transportation operators' offices (411).
Natural gas transmission and distribution (4922) (4924).
Packing and crating (4783).
"Radio and television antennas" [SR] (UNCL).
Radio and television broadcasting stations (483)
Railroad operators' offices (401).
"Satellite dish antennas" [SR] (UNCL).
School bus operators' offices (415).
Taxicab operators' offices (412).
Telegraph and other message communications (482).
Telephone communications (481).
"Treatment, transmission and distribution facilities: poles, wires, cables
conduits, laterals, vaults, pipes, mains, and valves" [SR] (UNCL).
Trucking services (421).
12. Miscellaneous uses division:
"Accessory structures" [SR] (UNCL) to the permitted uses allowed in this PAB
Planned Area Business District, subject to the provisions of section19.12.500
of this title.
"Accessory uses" [SR] (UNCL) to the permitted uses allowed in this PAB
Planned Area Business District, subject to the provisions of section 19.10.400
of this title.
"Fences and walls" [SR] (UNCL).
"Loading facilities" [SR] (UNCL), exclusively "accessory" [SR] to a permitted
use allowed in this PAB Planned Area Business District, subject to the
provisions of chapter 19.47 of this title.
"Parking lots" [SR] (UNCL), exclusively "accessory" [SR] to a permitted use
allowed in this Planned Area Business District, subject to the provisions of
chapter 19.45 of this title.
"Parking structures" [SR] (UNCL), exclusively "accessory" [SR] to a
permitted use allowed in this PAB Planned Area Business District, subject to
the provisions of chapter 19.45 of this title.
"Refuse collection area" [SR].
"Signs" [SR] (UNCL), subject to the provisions of chapter 19.50 of this title.
"Storage tanks" [SR] (UNCL).
"Temporary uses" [SR] (UNCL).
B. Conditional Uses: The following enumerated land uses shall be the only land
uses allowed as a conditional use in this PAB Planned Area Business District:
VOLUME LXXV NOVEMBER 17, 2010
579
1. Municipal services division:
"Municipal facilities" [SR] on a zoning lot [SR] containing less than two (2)
acres of land.
2. Public administration division:
Public administration (J) on a zoning lot containing less than two (2) acres of
land.
3. Services division:
Child daycare services (835).
Individual and family social services (832).
4. Retail trade division:
Carryout restaurants (5812).
Drinking places (alcoholic beverages) (5813).
Eating places (5812).
"Outdoor eating and drinking facilities” [SR] (UNCL).
5. Omitted.
6. Omitted.
7. Manufacturing division:
Chemicals and allied products (28).
Food and kindred products (20).
Paper and allied products (26).
8. Wholesale trade division:
Beer, wine, and distilled alcoholic beverages (518).
Lumber and other construction materials (503).
9. Transportation, communication, and utilities division:
"Conditional commercial antenna tower" [SR] (UNCL).
"Conditional commercial antennas and antenna structures mounted on existing
structures" [SR] (UNCL).
Courier services (4215).
Heliports (458).
Mixed, manufactured or liquefied petroleum gas production or distribution
(4925).
"Other radio and television antennas" [SR] (UNCL).
"Other satellite dish antennas" [SR] (UNCL).
Pipelines, except natural gas (461).
Terminal maintenance for motor freight transportation (423).
"Treatment, transmission, and distribution facilities: equipment, equipment
NOVEMBER 17, 2010 VOLUME LXXV
580
buildings, towers, exchanges, substations, regulators" [SR] (UNCL).
Water transportation (44).
10. Miscellaneous uses division:
"Accessory package liquor sales establishment" [SR] (UNCL).
"Accessory structures" [SR] (UNCL) to the conditional uses allowed in this
Planned Area Business District, subject to the provisions of section 19.12.500 of
this title.
"Accessory uses" [SR] (UNCL) to the conditional uses allowed in this PAB
Planned Area Business District, subject to the provisions of section 19.10.400 of
this title.
"Master signage plan" [SR], subject to the provisions of chapter 19.50 of this
title.
"Parking lots" [SR] (UNCL), subject to the provisions of chapter 19.45 of this
title.
"Parking structures" [SR] (UNCL), subject to the provisions of chapter 19.45 of
this title.
"Planned developments" [SR] (UNCL) on a zoning lot containing less than tw
(2) acres of land, subject to the provisions of chapter 19.60 of this title.
C. Similar Uses: The following enumerated land uses shall be subject to
classification as a permitted use or as a conditional use in this PAB Planned Area
Business District or in a less restrictive zoning district, pursuant to subsection
19.10.400H of this title:
1. Services division:
Automotive services (7549).
Business services not elsewhere classified (7389).
Laundry and garment services not elsewhere classified (7219).
Miscellaneous health and allied services not elsewhere classified (809).
Miscellaneous personal services not elsewhere classified (7299).
Miscellaneous repair shops and related services (769).
Services not elsewhere classified (899).
Social services not elsewhere classified (839).
2. Manufacturing division:
Miscellaneous manufacturing industries (39).
3. Wholesale trade division:
Miscellaneous durable goods (509).
Miscellaneous nondurable goods (519).
4.Transportation, communication and utilities division:
Special warehousing and storage not elsewhere classified (4226).
Transportation services not elsewhere classified (4789). (Ord. 33-07 § 4, 2007;
VOLUME LXXV NOVEMBER 17, 2010
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Ord. G65-05 § 8, 2005; Ord. G44-96 § 11, 1996; Ord. G82-95 § 1, 1995; Ord.
G81-95 § 1, 1995; Ord. G9-95 § 1, 1995; Ord. G23-94 §§ 2_5, 1994; Ord. G45-92
§ 2, 1992)
G. Site Design. In this PAB Planned Area Business District, the use and
development of land and structures shall be subject to the provisions of Chapter
19.12, Site Design, of the Elgin Zoning Ordinance and Chapter 19.60, Planned
Developments, of the Elgin Municipal Code, 1976, as amended, and as provided
in this ordinance. In this PAB Planned Area Business District, the use of land and
structures shall be subject to the following conditions:
1. Substantial conformance to the Statement of Purpose and Conformance,
dated August 25, 2010, and to the Letter from the House of Restoration
Church, dated October 20, 2010, submitted by Pastor Jeff Robinson.
2. Substantial conformance to the Floor Plan, dated August 26, 2010,
submitted by Pastor Jeff Robinson.
3. The House of Restoration Church shall be restricted to the tenant building
at 525 Tollgate Road, Suites A, B, C, D, E, and F, located within the Elgin
Oaks Business Center.
4. The location, size and design of freestanding monument signs shall be
governed by regulations for signs located within a GI General Industrial
District to allow the signs currently on the property at 525 Tollgate Road
to remain in existence. All other graphics must meet the requirements of
Chapter 19.50 Street Graphics of the Elgin Municipal Code.
5. All refuse collection areas within the business park must be enclosed
within six (6) foot high solid masonry walls that match the brick and color
tones of the principal building structures. The materials to be used and the
placement of the refuse collection areas should be approved by the
Community Development Group prior to permit approval.
6. Compliance with all other codes and ordinances.
H. Off-street Parking. Except as otherwise provided within this section, in this
PAB zoning district, off-street parking shall be subject to the provisions of
chapter 19.45, Off Street Parking, of the Elgin Municipal Code, as amended.
I. Off-street Loading. In this PAB zoning district, off-street loading shall be
subject to the provisions of Chapter 19.47, Off-street Loading, of the Elgin
Municipal Code, 1976, as amended.
J. Signs. In this PAB zoning district, signs shall be subject to the provisions of
Chapter 19.50, Signs, of the Elgin Municipal Code, 1976, as amended.
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K. Planned Developments. In this PAB zoning district, the use and development of
the land and structures shall be subject to the provisions of Chapter 19.60,
Planned Developments, of the Elgin Municipal Code, 1976, as amended.
L. Conditional Uses. In this PAB zoning district, application for conditional uses
shall be subject to the provisions of Chapter 19.65, Conditional Uses, of the Elgin
Municipal Code, 1976, as amended. An application for conditional use may be
filed by an individual property owner without necessitating that all other property
owners in the development authorize such application.
M. Variations. In this PAB zoning district, application for variation shall be subject
to the provisions of Chapter 19.70, Variations, of the Elgin Municipal Code,
1976, as amended. An application for variation may be filed by an individual
property owner without necessitating that all other property owners in the
development authorize such application.
N. Subdivisions-Generally. The subdivision of the subject property and
development thereof shall comply with the subdivision regulations of the city, as
amended, and the Plat Act of the State of Illinois.
O. Appeals. Any requirement, determination, or interpretation associated with the
administration and enforcement of the provisions of this ordinance may be
appealed subject to the provisions of Chapter 19.75, Appeals, of the Elgin
Municipal Code, 1976, as amended.
Section 4. That this ordinance shall be in full force and effect immediately after its
passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 17, 2010
Passed: November 17, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 17, 2010
Published: November 19, 2010
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
VOLUME LXXV NOVEMBER 17, 2010
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REPORTS/MINUTES RECEIVED AND ORDERED PLACED ON FILE
Councilmember Gilliam made a motion, seconded by Councilmember Kaptain, to place the
following reports and minutes on file. Upon a roll call vote: Yeas: Councilmembers Dunne,
Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None.
Foreign Fire Insurance Tax Board – July 13, 2010
Image Advisory Commission – April 26, June 28, July 26, and September 27, 2010
Retire Health Insurance Trust Fund – August 9, 2010
Committee of the Whole Minutes – October 27, 2010
City Council Minutes – October 27, 2010
ANNOUNCEMENTS
Mayor Schock made announcements regarding forthcoming meetings.
ADJOURNMENT
Councilmember Dunne made a motion, seconded by Councilmember Steffen, to adjourn the
meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge,
Steffen, Warren, and Mayor Schock. Nays: None.
The meeting adjourned at 7:35 p.m.
s/ Diane Robertson December 1, 2010
Diane Robertson, City Clerk Date Approved