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143 May 9, 1957 Vol. KXII AN ORDINANCE Ordinance No. G-792
AMENDING CHAPTER 19 OF THE CITY CODE OF ELGIN AND PROVIDING FOR FIRE LIMITS AND
Present Parking Policy on Walnut Avenue to Be Continued REGULATIONS GOVERNING THE CONSTRUCTION, ALTERATION, REMOVAL, DEMOLITION, EQUIP-
The City Manager presented a request to eliminate parking restrictions on Saturday MENT, USE AND OCCUPANCY, LOCATION AND MAINTENANCE OF BUILDINGS AND STRUCTURES,
on Walnut. Avenue as provided by Ordinance G-794. The Traffic Division of the
Police Department had made a traffic count on eastbound and westbound traffic on BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
the Walnut Avenue hill and reported that the count was about identical on Saturdays, Section 1. That Chapter 19 of the CityE1
for the hours from 3 to 7 when the restrictions are effective, with other days.
T Code of Elgin be and hereby is
As the restrictions set up seemed as justified on Saturdays as other days, the amended by repealing Article - and Article II thereof in their entirety, and
inserting in lieu of Article I thereof the following:
Council agreed to continue the present policy as provided by Ordinance.
ARTICLE I
Reports Received and Ordered Filed BUILDING CODE
'I'he Annual Report of the Police Pension Fund was received and ordered filed, 19-101. Short Title. This ordinance shall be known as the Building Code,
The report of the Parking Meter Department, the Health Department, the Fire
may be so cited; and will be referred to in this ordinance as this Code.
Department for the months of April were studied and ordered filed.1
Approval of Mid-Month Payroll for Period from May 1 to 15, 1957 19-102. Adoption of Basic Building Code.
The City Manager presented the mid-month payroll for the period from May 1 to 15, There is hereby adopted by the City of Elgin for the purpose of establishing
1957, and Councilman Johnston made a motion, seconded by Councilman Schultz, that rules and regulations for the construction, alteration, removal, demolition,
it be approved and checks ordered issued for the several amounts. Yeas: Council- equipment, use and occupancy, location and maintenance of buildings and structures,
men Gavelek, Haverkampf, Johnston, Schultz, and Mayor Salisbury. Nays: None. including permits and inspections, that certain building code known as the Basic
Building Code recommended by the Building Officials Conference of America, Inc.
being particularly the 1955 edition thereof and the whole thereof, including
1,030.00
1 Supplemental No. 1 and 2, save and except such portions as are hereinafter deleted,
General Government 495.00
Finance Department modified or amended, of which not less than three (3) copies have been and now are
Police Department
Fire Department8,065.00
6,165.00 filed in the office of the City Clerk of the City of Elgin and the same are hereby
adopted and incorporated as fully as if set out at length herein, and from the
745
420.00 date on which this ordinance shall take effect, the provisions thereof shall be.00
Engineering and Inspection
Health Department controlling in the construction of all buildings and structures therein contained
Parks Department 1 ,090.00 within the corporate limits of the City of Elgin.
Cemetery Department 810.00
Civil Defense 205.00 19-103. Amendments to Basic Building Code.
Water Department 2,865.00
Public Works: (a) Article 14 "Signs and Outdoor Display Structures" shall apply only
Director 215.00 when a particular structure is not specifically covered by provisions
Streets and Sewers 2,655.00Alipp of Chapter 19, Article V "Billboards and Sign Boards" or Chapter 20,
Sanitation 1,625.00 Article IV "Overhanging Signs and Awnings" of City of Elgin Revised
Construction and Repairs 1,560560.00
Ordinances, adopted February 21, 1955.
Electrical Department 390.00
$ 29,335.00 (b) Article 15 "Electrical Wiring and Equipment" is hereby deleted in its
entirety.
Petition for Curb Sidewalks on Adams Street Denied
Article
The City Manager presented a petition, signed by 31 persons, requesting curb (c) entirety.17 "Plumbing Drainage and Gas Piping" is hereby deleted in its
sidewalks on Adams Street in Kirk' s Subdivision. Councilman Schultz made a
motion, seconded by Councilman Gavelek, to deny the petition. Yeas: Councilmen (d) Article 19 "Prefabricated Construction" is hereby deleted in its •
Gavelek, Haverkampf, Johnston, Schultz, and Mayor Salisbury. Nays: • None. entirety.
Donald Webb, 26 Monroe Street, appeared before the Council to speak against
(e) Article 1, Section 106.0 "Existing Buildings" is amended by adding the
curb sidewalks, as from experience along his street he knows them to be a
hazzard to the safety of children. following section:
106.8 Restrictions in Fire Zone No. 1.
B.O,C.A, Building Code Adopted by Reference with Additional Provisions
(a) Any building or structure in Fire Zone No, 1 which is en-
Councilman Gavelek made a motion, seconded byCouncilman Johnston, to pass lagged, altered, raised, built upon,. or replaced due to
partial destruction from any cause, to an extent exceeding
Ordinance G-792 which had been introduced on March 14th amending Chapter 19
an expenditure of thirty (30) per cent of the physical value
of the City Code and providing for fire limits and regulations governing
construction of buildings within the city of Elgin. Yeas: Councilmen Gavelekr of such structure, shall be made to comply with the require-
Haverkampf, Johnston, Schultz, and Mayor Salisbury. Nays: None.
along center line of Park Street to easterly line of Lot 1, B. W.
Raymond's Addition, extended northerly; thence southerly along
i said extended line and easterly line of Lot 1 B. W. Raymond's
meats for new buildings in Fire Zone No. 1. Addition to the center line of North Street; thence westerly
along center line of North Street to the easterly line extended
,
(b) Any building or structure moved into Fire Zone No. 1 shall
comply with all requirements for new buildings in Fire ?one northerly of Lot F, County Clerk`s Subdivision of part of Y. J.
Kimball Jr. 's Addition; thence southerly along said extended
No. 1 . line and the easterlyline of Lot F, County '
(c) No wood or other combustible plaster lath or board shall be Clerk's Subdivision
u� ose in Fire Zone No. 1, except for minor of part of P. J. Kimball Jr. 's Addition and the easterly line
usedp for hey p P of a public alleyStreet;
repairs where such construction type already exists. easterly along center cline rofi Division vStreet to center eline of
(f) :•.rticle 1, ,section 113.1 . "'.:hen Permit is Required" is hereby amended.
Geneva Street; thence southerly along the center line of Geneva
'. � by adding the following sentence; `'No building permit shall be issued Street to the center line of Villa Street; thence southeasterly
for the erection of any building for human habitation on any lot or along Villa Street to the center line of Lake Street; thence
nce
parcel of land in the City of Elgin unless a highway, road, street or ' southwesterly along the center line of Lake Street to the center
way for public service facilities improved with water mains and sans line of Michigan Street, thence along the center line of Michigan
tary sewers is provided to serve said lot or parcel of land." Street southeasterly and northeasterly to the center line of
Raymond Street; thence southeasterly along the center line of
y Ra and Street to the center line extended northeasterly of public
(g) erticle 1, section 128.1. "dpplication for Appeal" is amended b Ym
adding the following sentence: The person making the appeal shall alley, said alley being approximately 115 feet southeasterly of
attach to such application a filing fee as fixed from time to time r National Street and parallel thereto; thence southwesterly along
said center line extended and along said center line of said
l; 1 by the Board of .'.ppeals tocover the administrative costs. public alley to the center line of the Chicago and North Western
Railway Company right of way; thence southeasterly along the
(h) Article 11, `section 1105-0. "Maintenance and Operation" is I►er. Chicago and North Western Railway Company right of way to the
deleted in its entirety. center line of Bent Street; thence westerly along the center line
of Bent Street to the center thread of Fox River; thence south-
19_104, Definitions. easterly along the center thread of Fox River to the center line
whenever the word "Municipality" is used in this Code, it shall be extended easterly of Lord Street; thence westerly along said
center line extended of Lord Street to the westerly line of the
(�� held to mean the City of Elgin. and nd North Western Railway Company right of way; thence
(h) Whenever the term ' Corporation Counsel' is used in this Code; 1 - northwesterly along the westerly line of the Chicago and North
;� Western Railway Company right of way to the center line of Oak
Shall. be held to mean the Cs�rporat:or, Counsel for file City of Street; thence westerly along the center line of Oak Street to
the west line extended southerly of Lot 11, Block 2, Lord's
(c) ;lhcnever the term "Building Official" is used in this Code, it Subdivision; thence northwesterly along said lot line extended,
shall be held cc• mean the ;Arector of Engineering and Lnspectic�n and along the westerly line of Lets 11, 9, 8, 5, 4, 1 of Block
(City engineer; .of the City of ';lgin• 2, Lord's Subdivision, and along the westerly line of Lots 9, 8,
, 5, 4 of Block 1, Lord's Subdivision to the southerly line of
;�-104. Fire Limits Established. 1, Block 1, Lord's Subdivision; thence southwesterly along
Illinois. two the southerly line of Lot 2, Block 1, Lord's Subdivision to the '
1
There is hereby established within the City of Elgin, southwesterly corner of Lot 2, Block 1, Lord's Subdivision;
zones, the limits of which shall comprise the following territory: thence westerly to the southeasterly corner •of I_e 7, Assessor's
Subdivision of part of Farm Lot 5 and Lot 6, 7, 8; thence wester-
!I Fire Zone 1: Commencing at a point on the center line ofatallogth 1y along southerly line of said Lot 7, approximately 173 feet to
° (") westerly line extended of the Chic•:go a the line of public alley; thence northerly to the center
Street where the ompanthence easterly line center Walnut Avenue; thence westerly on Walnut Avenue to the
'destern Railway Comp•ny right of way intersects;
along the center line of Wing Street to the center thread of the westerlyi southerly c
Fox River; thence northerly along the center thread of. the Foxline extended of Lot 1 , Assessor's Subdivision
of Part of Farm Lot No, 5 and Lots 6, 7, 8; thence northerly
River to the center line extended westerly of Jefferson 'venue; along the westerly line of said Lot 1 and Lot 13, of said
thence easterly along the center l e alongthecentenue (terhe '` Assessor's Subdivision to the center line of Standish Street;
center line of Grove ;.venue; thence southerly
thence thence easterly along the center line of Standish Street to the
line of Grove Avenue to the center line of Seneca Street; line center line of South State Street; thence northwesterly along
i easterly along the center line of �.:neca Street to the center
e { Brook ';tri'et; thence south rly alone the center cline
tof ;ral°°8 Loecucenter line of Guth State Street to the center line of
t Street; thence southwesterly along the center line of
street to the center line of Kimball Street;easterlythc Locust Street to the center line of Crystal Avenue; thence north-
] the center line of Kimball Street t.� the line eftF':d`J westerly along the
northerly of Lot C County Clerk's :>ubuavisic+n of P center line of Crystal Avenue to the center
and line ofWest Chicago Street; thence southwesterly along the
Arts center line of West Chicago Street to the westerly line extended
�,i Raymond's :.dc4ition; thence southerly along said extends d line
Clerk's Subdivision °f s C southeasterly of Lot 15, Block 34, W. C. Kimball's Original
i the easterly line of Lot C of County
of B. W. Raymond'sAddition and along said eastc.rty line oESCe�Iy Plat; thence northwesterly along the westerly line
extended southerly to center line of Park Street; thence `
1 - 3 -
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of Lot 15, 14, 13, 12, Blcck 34, W. C. Kimball's Original Plat and (f) In case of abandonment or discontinuance, the cost of work performed
of Lot 9, 8, 7, 6, Block 35 W. C. Kimball's Original Plat to the under a permit may be estimated, an adjustment of the fee made and the
1 center line of Mountain Street; thence northeasterly along the center portion of the fee for uncompleted work returned to the permit holder,
line of Mountain Street to the center line of Crystal Avenue; thence provided that no refund of a prescribed minimum or basic fee shall be
�; northwesterly along the center line of Crystal Avenue to the northerly made. If such discontinuance is due to revocation of permit, a similar
line of Lawrence Avenue; thence northeasterly along the northerly line adjustment and return may be made; provided that no refund shall be
of Lawrence Avenue to the westerly line of the Chicago and North Western made until all penalties incurred or imposed by due authority have been
Railway Company right of way; thence northwesterly along the westerly collected. After such a refund has been made no work shall be resumed
line of the Chicago and North Western Railway Company right of way to until a new application has been made and a new permit has been issued.
the point of beginning! shall be known as Fire Zone No. One (1) .
(g) For each Certificate or Temporary Certificate of Occupancy issued,
I (b) Outside Fire Limits. All the territory in the City of Elgin which is the fee shall be $2.00
not included in Fire Zone No. One (1) shall be known as Outside Fire and shall be paid with fee for building permit, except that
Limits. For each Certificate of Occupancy issued for buildings or
structures not required to be posted, the fee shall be 1.00
19-106. Fees.
(h) The term "estimated cost" as used in this section, means the
(a) No permit as required by the building code shall be issued or be in effect reasonable value of all services, labor, materials, and use
until the fee prescribed in this ordinance shall have been paid; nor shall of scaffolding and other appliances or devices entering into
an amendment to a permit be approved until the additional fee, if any, and necessary to the prosecution and completion of the work
due to an increase in the estimated cost of the building or structure, ready for occupancy; provided that the cost of excavation or
shall have been paid grading, and of painting, decorating or other work that is
merely for embelishment or not necessary for the safe and
I (b) For a permit for the construction of,additions to, alteration of, or • lawful use of the building or structure, is not deemed a
repairs to a building or structure, the fee shall be: part of such estimated cost. The "estimated cost" shall in-
clude the cost of installation, extension, alteration or re-
Basic Fee $2 00 pair of elevators, moving stairways, mechanical equipment,,
Plus, per thousand dollars or fraction thereof of refrigerating, air-conditioning and ventilating apparatus,
estimated cost up to twenty thousand dollars. . . . . . , , . . 1.50 heating system and any other equipment excepting plumbing,
Plus, per thousand dollars or fraction thereof of gas piping systems, or electrical wiring for which separate
estimated cost in excess of twenty thousand dollars permits are required by appropriate ordinance. The
M up to one hundred thousand dollars. 1 .00 "estimated cost" shall be determined by the Building
Plus, per thousand dollars or fraction thereof of Official.
estimated cost in excess of one hundred thousand dollars. . . . 0.75
hi (i) Provided, however, that in case any work, for which a permit is
and provided that no permit or fee shall be required when the estimated required by this Code, is started or proceeded with prior to
�' cost is less than one hundred dollars ($100.00) and the work is out- obtaining said permit, the fees above specified shall be doubled
it side of Fire Zone No. 1 limits; and provided that no basic fee shall but the payment of such double fee shall not relieve any persons
be charged for repair work not involvingstructural changes. from fullycomplyingwith the requirements of this Code in the
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i execution of the work nor from other penalties prescribed here-
(c) In addition to the fee specified in Paragraph (b) , an additional plan- I in.
( hchecking fee equal to twenty-five percent (25%) of the total fee com-
puted under Paragraph (b) shall be paid where plans and specifications 19-107. State of Illinois Architects and Engineers Acts Adopted.
are required to be submitted for approval and placed on file.
ol Whenever in this Code, plans are required to be submitted for approval,
i (d) For a permit for the removal of a building or structure from one lot such plans shall be prepared in accordance with provisions of the State of Illinois
I to another or to a new location on the same lot, the fee shall be: Architect's Act, State of Illinois Professional Engineering Act, and the Illinois
Structural Engineering Act. Illinois Revised Statutes of 1955, of which not less
1asic Fee
i $2 00 " than three (3) copies have been and now are filed in the office of the City Clerk
Plus, for each thousand dollars or fraction thereof of of Elgin, and the same are hereby adopted aid incorporated as fully as if set out
the estimated cost of moving plus the cost of new at length herein.
foundations and all work necessary to place the building
I or structure in its completed condition in the new location 1 .00 19-108. Violation Penalties.
(e) For a permit for the demolition of a building or structure, the Any person who shall violate a provision of this Code or shall fail to
fee shall be: ply with any of the requirements thereof or who shall erect, construct, alter
r repair a building or structure in violation of an approved plan or directive
' For structure or building under 35 feet in height or under f the building Official, or of a permit or certificate issued under the provisions
i 2,000 square feet first floor area $2 00 f this Code, shall be guilty of a misdemeanor, punishable by a fine or not more
( °i For any other building or structure 5,00 - 5 -
- 4 -
L-__-' __ 1L---- ��
two hundred dollars ($200.00) or by imprisonment not exceeding six (6) months, ) +r I ! 14(?;;- ;SC-
J"-"--Than
both such fine and imprisonment. Each day that a violation continues shall be ;
deemed a separate offense. 1 1 r"'—' �N
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19-109. Validity. ` `1 � l _ J L- .�
[1:::
The invalidity of any section or provision of this ordinance or of the 1 ___ A ilia L--- ; � A...
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building code hereby adopted shall not invalidate other sections or provisions f � ( �
K' thereof. ame' t l 1 a1Et Plill"
19-110. Conflicts with Other Ordinances. ! \•
111111
That in all instances where theprovisions of the "Basic BuildingCode", �� 1
1
adopted herein conflict with specific provisions of the "Electrical Code", 1 r� �-� �
"Plumbing Code", or "Fire Prevention Code" of the City of Elgin, either as
presently adopted or to be adopted or amended in the future, the specific pro- , � { - ,� '-""`,'�
visions of these individual Codes shall supersede and take precedent over the �� T - - -
conflicting provisions in the "Basic Building Code". `�� �
f:
Section 2. That nothing in this ordinance or in the Building Code i4 \ .--1 (] �_,•
hereby adopted shall be construed to affect any suit or proceeding now pend-
ing ' : L
in any Court or any rights acquired or liability incurred, nor any cause L� j
or causes of action accrued or existing under any act or ordinance repealed l ` 11 € 11111.:
hereby, nor shall any right or remedy of any character be lost, impaired or � � -
affected by this ordinance. ;1 �i `
Section 3. That ordinances or parts thereof in force at the time that01 �• ° !
this ordinance shall take effect inconsistent herewith are herebyrepealed, ` s.
^ �
including the Building Code of 1930, adopted July 28, 1924 as amended, and // \ O. ; . R It '
an ordinance creating and establishing fire zones in the City of Elgin, passed ti
December 16, 1929 as amended. 1.. _ 1
IIIIJA
Section 4. That this ordinance shall be in full force and effect from
and after its passage as provided by law, and shall be published in pamphlet �� \` J
• form by authority of the City Council. L./,� f ,
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Presented: March 14, 1957 s<' k \\ \ \ '
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Passed: May 9, 1957
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Vote: Yeas 5 Nays 0 I:; '� 1 `\
Recorded: May 9, 1957 �r ,- \ \ \
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Published: May 11, 1957 Orlo E. Salisbury + ,� '� ��
Mayor II
III Attest: Myrtle E. Spiegler, City Clerk
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