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HomeMy WebLinkAboutG61-82 Ordinance No. G61-82 AN ORDINANCE ESTABLISHING THE PROPERTY MAINTENANCE BOARD OF APPEALS WHEREAS, concerted effort has been made by leaders and representatives from the city, the financial and banking community and various citizen neighborhood organizations to establish a program to upgrade the existing housing stock under the aegis of a neighborhood housing services program; and WHEREAS, the establishment and carrying out of a sensitive and flexible systematic housing inspection program is desirable for the operation of the neighborhood housing services program; and WHEREAS, the various representatives and participants have identified a specific geographic area of the city to be included within a neighborhood housing services program which is in need of neighborhood preservation and stabilization, as described in the Neighborhood Housing Service Site Selec- tion Committee Final Report; and WHEREAS, within the neighborhood housing services area the intent of the BOCA Basic Property Maintenance Code should be construed liberally and justly to ensure public health, safety, and welfare insofar as they are affected by the maintenance of structures and premises for the rehabilitation of existing buildings, so that the application of any provision of code where compliance with such provision creates practical difficulty or undue hardship may be varied be consistent with the purpose of the code and to achieve acceptable levels of safety, and to promote the conservation, rehabilitation, and reuse of the existing housing stock. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Intent. The BOCA Basic Property Maintenance Code shall be construed liberally and justly to ensure public health, safety and welfare insofar as they are affected by the maintenance of buildings and structures and their associated premises. In order to achieve a liberal and just interpretation of the BOCA Basic Property Maintenance Code, ensure public health, safety and welfare, and provide a means for the granting of variances consistent with the purposes of the BOCA Basic Property Maintenance Code and the Neighborhood Housing Services of Elgin, a BOCA Basic Property Maintenance Board of Appeals is hereby created and hereafter referred to as the Board. Section 2. Membership and Terms. The Board membership shall consist of five (5) residents of the City of Elgin or owners of property located in the City of Elgin appointed by the City Council of the City of Elgin and shall include the following: One (1) person skilled in real estate and property management; one (1) general contractor ex- perienced in residential rehabilitation work; one (1) registered architect experienced in residential rehabilitation work; one (1) resident who is a lessee of residential property located in the _ 1 designated Neighborhood Housing Services Area; and one (1) resident who is an owner of and occupies a residence located in the designated Neighborhood Housing Services area. One of the members of the Board may be appointed chair- person by the City Council. In the event that the City Council fails to appoint a chairperson, the members of the Board shall elect one of its members to serve as chairperson. Each member shall be appointed for a one year term effective on the date of the official creation of the Board by the City Council to determine the Board's membership. Section 3. Administration. The Board shall adopt rules governing its proceedings and administration of its duties. The Board shall meet not less than four (4) times annually, a quorum of three (3) members shall be required for any Board action other than adjournment for want of a quorum. The official responsible for administration and enforcement of the Property Maintenance Code of the City of Elgin shall attend all meetings of the Board and shall act as secretary to the Board. The secretary shall maintain an accurate record of all proceedings, shall maintain a file of all petitions filed, and shall keep a written record of all findings and decisions made by the Board. Section 4. Powers and Duties. The Board shall hear petitions for variations from the BOCA Basic Property Maintenance Code, as adopted by the City of Elgin. If the Board finds that the full compliance of the requirements of BOCA Basic Property Maintenance Code, as adopted by the City of Elgin would result in undue hardship to the applicant by reason of practical difficulty, the Board may grant a variance provided: A. That the unique structural conditions of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out; and B. That the variance is only to the extent necessary to ameliorate the particular hardship; and C. That the alleged hardship has not been created by any person presently having an interest in the property; and D. That the conditions upon which the petition for variation is based would not be generally applicable to other properties; and E. That the purpose of the variation is not based exclusively upon a desire to gain a greater economic return from the property or to avoid the costs of compliance; and i - F. That compensating factors or alternative methods are present which give adequate protection to the public health, safety and welfare without impairing the intent and purposes of the BOCA Basic Property Maintenance Code. Any decisions of the Board shall be final. Section 5. Right To Petition. No petition for a variation from the BOCA Basic Property Maintenance Code, as adopted by the City of Elgin, may be filed unless the subject property is located within the designated Neighborhood Housing Services area and the buildings or structures effected were constructed prior to 1950. Section 6. Procedure. a) All petitions for variation shall be made on a form furnished by the secretary of the Board. b) Copies of all petitions for variation filed shall be submitted to all code enforcement departments of the City of Elgin for review and recommendation. c) A copy of the petition and recommendations of code enforcement departments shall be submitted to the Neighborhood Housing Services of Elgin not less than ten days prior to a hearing by the Board. d) Notice of all hearings shall be posted in the office of the City Clerk not less than ten days prior to the hearing. e) Secretary shall cause copies of all recommendations to be given to the petitioner not less than five days prior to the hearing. f) The Board shall conduct a public hearing on all petitions and shall hear the testimony of all persons desiring to be heard. g) At the conclusion of the hearing the Board shall make written findings of fact and render its written decision. Section 7. Effective Date. This ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor r Presented: November 10, 1982 Adopted: November 10, 1982 Vote: Yeas : 7 Nays 0 Attest : s/ Marie Yearman Marie Yearman, City Clerk