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HomeMy WebLinkAboutG14-93 4 CITY OF ELGIN ORDINANCE NO. G14-93 AN ORDINANCE AMENDING CHAPTER 16 . 12 ENTITLED "PROPERTY MAINTENANCE CODE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ADOPTED BY THE CITY COUNCIL OF THE 4 CITY OF ELGIN ON THIS 14TH DAY OF APRIL, 1993 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of April, 1993 . STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on April 14 , 1993 , the Corporate Authorities of such municipality passed and approved Ordinance No. G14-93, entitled An Ordinance Amending Chapter 16 . 12 Entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as Amended, which provided by its terms that it should be published in pamphlet form. rm. The pamphlet form of Ordinance No. G14-93, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on April 15, 1993, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on April 15, 1993 . M�unicipal Clerk (SEAL) e Ordinance No. G14-93 AN ORDINANCE AMENDING CHAPTER 16 . 12 ENTITLED "PROPERTY MAINTENANCE CODE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED WHEREAS, the City of Elgin may adopt certain codes and public ordinances, by reference, pursuant to the provisions of Division 3 of Article 1 of the Illinois Municipal Code of 1961, ( Illinois Revised Statutes, 1991, chapter 24 , section 1-3-2, et seq. ) ; and WHEREAS, said rules and regulations have been on file in the office of the City Clerk for more than thirty ( 30) days preceding the passage of this ordinance; and WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to adopt the 1990 edition of the BOCA National Property Maintenance Code, as published by the Building Officials and Code Administrators International, Incorporated, Country Club Hills, Illinois, and as amended further herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That chapter 16 . 12 entitled "Property Maintenance Code" of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. Section 2 . That chapter 16 . 12 entitled "Property Maintenance Code" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : 16 . 12 "Property Maintenance Code/1990" 16 . 12 . 010 - Adopted -- Exceptions . The regulations of the third edition of the BOCA National Property Maintenance Code -- 1990, recommended and published by the Building Officials and Code Administrators International, Incorporated, published in pamphlet form, are adopted as the property maintenance code of the city with such amendments as are hereinafter set forth in this chapter. 16 . 12 . 020 Section PM-100 . 1 amended--Title. Section PM-100 . 1 "Title" is amended to read as follows : These regulations shall be known as the Property ` Maintenance Code of the City of Elgin, hereinafter referred to rft as the property maintenance code or ' this code ' . " 16 . 12 . 030 Section PM-106 . 2 (5) amended--Form. Section PM-106 . 2 (5) "Form" is amended to read as follows : (5) "include an explanation of the owner' s right to seek modification or withdrawal of the notice by petition to the Code Official" . 16 . 12 . 040 Section PM-108 . 6 amended--Hearing. Section PM-108 . 6 "Hearing" is amended to read as follows : "Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Code Official, be afforded a hearing as described in this code" . 16 . 12 . 050 Section PM-109 . 2 amended--Penalty. Section PM-109 .2 "Penalty" is amended to read as follows : "Penalties for noncompliance with orders and notices shall be as set forth in chapter 1 . 20 . 020 of the Elgin Municipal Code. " 16 . 12 . 060 Section PM-109 . 3 amended--Prosecution. Section PM-109 . 3 "Prosecution" is amended to read as follows : "In case of any unlawful acts the code official shall institute an appropriate action or proceeding at law to exact the penalty provided in Chapter 1 . 20 . 020 of the Elgin Municipal Code. Also, the code official shall ask the jurisdiction' s legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person; 1 . To restrain, correct or remove the violation or refrain from any further execution of work; 2 . To restrain or correct the erection, installation, maintenance, repair or alteration of such structure; 3 . To require the removal of work in violation, or; 4 . To prevent the occupation or use of the structure which is not in compliance with the provisions of this code. r 16 . 12 . 070 Section PM-111 . 1 amended--Petition. Section PM-111 . 1 "Petition" is amended to read as follows : "Any person effected by any notice which has been issued in connection with the enforcement of any provision of this code, or any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Code Official; provided that such person shall file in the office of the Code Official a written petition requesting such hearing and containing a statement of the grounds therefore within twenty (20) days after the day the notice was served" . 16 . 12 . 080 Hearing The Code Official shall set a hearing within ten ( 10) days from the filing of the appeal and shall render a decision or interpretation within seven ( 7 ) days which shall be final . 16 . 12 . 090 Section PM-111 . 2 deleted--Appeals Board. Section PM-111 .2 "Appeals Board" is deleted in its entirety. 16 . 12 . 100 Section PM-111 . 2 . 1 deleted--Membership. Section PM-111 . 2 . 1 "Membership" is deleted in its entirety. 16 . 12 . 110 Section PM-111 . 2 . 2 deleted--Vote. Section PM-111 . 2 .2 "Vote is deleted in its entirety. 16 . 12 . 120 Section PM-111 . 2 . 3 deleted--Financial Interest. Section PM-111 . 2 . 3 "Financial Interest is deleted in its entirety. 16 . 12 . 130 Section PM-111 . 3 deleted--Records . Section PM-111 . 3 "Records" is deleted in its entirety. 16 . 12 . 140 Section PM-201 amended--Applied meanings of words and terms . Section PM-201 "One-Family Dwelling" is amended to read as follows : "A building containing one dwelling unit with not more than two lodgers or boarders" . Section PM-201 "Two-Family Dwelling" is amended to read as follows . "A building containing two dwelling units with not more than two lodgers or boarders per family" . Section PM-201 "Family" is amended to read as follows : "An individual or married couple and the children thereof with not more than two (2 ) other persons related directly to the individual or married couple by blood or marriage; or a group of not more than three ( 3) unrelated persons, living together as a single housekeeping unit in a dwelling unit" . 16 . 12 . 150 Section PM-301 . 4 amended--Weeds . Section PM-301 . 4 "Weeds" is amended to read as follows : "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 8 inches . All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided: however, this term shall not include cultivated flowers and gardens . " 16 . 12 . 160 Section PM-301 . 8 amended--Motor Vehicles . Section PM-301 . 8 "Motor Vehicles" is amended to read as follows : "Except as provided in other regulations, not more than one ( 1) currently unlicensed passenger motor vehicle shall be parked, kept or stored on any residential property and no vehicle shall at any time be illegally parked, in a state of disrepair, major disassembly, or in the process of being stripped or dismantled" . 16 . 12 . 170 Section PM-302 . 2 deleted--Street Numbers . Section PM-302 . 2 "Street Numbers" is deleted in its entirety. 16 . 12 . 180 Section PM-302 . 4 amended--Foundation Walls . Section PM-302 .4 "Foundation Walls" is amended to read as follows : "All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents" . 16 . 12 . 190 Stairs and Porches Section PM-302 . 10 . 1 Stairs and Porches : Every stair, porch, balcony, and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the loads to which it is subjected and shall be kept in sound condition and good repair. 16 . 12 .200 Section PM-302 . 12 amended--Insect Screens . Section PM-302 . 12 "Insect Screens" is amended to read as follows : "During the period from May 1 to October 31, every door, window and other outside opening used or required for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved screening, except that such screen shall not be required above the fifth floor" . Exception: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical , provided other approved means, such as tem. air curtains or insect repellent fans, are employed. 16 . 12 . 210 Section PM-302 . 14 amended--Basement Hatchways . Section PM-302 . 14 "Basement Hatchways" is amended to read as follows : "Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water" . 16 . 12 . 220 Section PM-302 . 15 amended--Guards for Basement Windows . Section PM-302 . 15 "Guards for Basement Windows" is amended to read as follows : Every basement window which is openable shall be supplied with rodent proof shields, storm windows or other approved protection against the entry of rodents" . 16 . 12 . 230 Section PM-303 . 4 amended--Lead Based Paint. Section PM-303 . 4 "Lead Based Paint" is amended to read as follows : rft Interior and exterior painted surfaces of dwellings, child and day care facilities, including fences and outbuildings, that contain in excess of 0 . 5 percent lead by weight shall be removed or covered in an approved manner. Any O.` surface to be covered shall first be marked with warnings as to the lead content of such surface. 16 . 12 .240 Section PM-303 . 6 amended--Insect and Rat Harborage. Section PM-303 . 6 "Insect and Rat Harborage" is amended to read as follows : "Insect and Rodent Harborage: All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation" . 16 . 12 . 250 Dwelling Units Section PM-403 . 5 . 1 Dwelling Units : Every dwelling unit shall contain a minimum gross floor area of not less than one hundred fifty ( 150) square feet for the first occupant, and one hundred ( 100) square feet for each additional occupant. The floor area shall be calculated on the basis of the total area of all habitable rooms . ft 16 . 12 . 260 Section PM-601 . 1 amended--Residential Buildings . Section PM-601 . 1 "Residential Buildings" is amended to read as follows : Every dwelling and multifamily dwelling shall have heating facilities and the owner of the heating facilities shall be required to see that they are properly installed, maintained and kept in good safe working condition and that they are capable of safely and adequately heating all habitable rooms, bathrooms and toilet rooms located therein from October 1st of each year to June 1st of the succeeding year to an average temperature of at least sixty-two ( 62) degrees Fahrenheit at six thirty a.m. , sixty-five ( 65) degrees Fahrenheit at seven thirty a.m. , sixty-eight ( 68) degrees Fahrenheit from eight thirty a.m. until ten thirty p.m. and sixty-two ( 62 ) degrees Fahrenheit from ten thirty p.m. until six thirty a.m. The temperatures shall be existent at a level of three ( 3) feet above the floor level and three ( 3) or more feet from an exterior wall . When the outdoor temperature is below the outdoor design temperature required for the locality by the mechanical code listed in appendix A, the owner or operator shall not be required to maintain the minimum room temperatures, provided the heating system is operating at full capacity, with supply valves and dampers in a full open position. 16 . 12 .270 Section PM-601 . 2 amended--Nonresidential structures . Section PM-601 .2 "Nonresidential Structures" is amended to read as follows : In all other structures where heating facilities are supplied or available for use, they shall be capable of adequately and safely heating areas of the structure to a reasonable temperature for work conditions . 16 . 12 . 280 Section PM-704 . 5 amended--Smoke Detectors . Section PM-704 . 5 "Smoke Detectors" is amended to read as follows : All residential occupancies shall be provided with smoke detectors as required under chapter 127 Z , $ 801 to $ 804 of the Illinois Revised Statutes as approved on August 14 , 1987 . 16 . 12 .290 Section PM-802 . 2 amended--Occupant. Section PM-802 . 2 "Occupant" is amended to read as follows : tow "The occupant of any structure shall be responsible for the continued rodent proof condition of that portion of the structure controlled by him and if the occupant fails to maintain the rodent proof condition, the cost of extermination shall be the responsibility of the occupant" . 16 . 12 . 300 Section PM-802 . 3 amended--Single Occupancy. Section PM-802 . 3 "Single Occupancy" is amended to read as follows : "The occupant of a structure containing a single dwelling unit or of a single nonresidential structure shall be responsible for the extermination of any insects, rodents or other pests on the premises" . 16 . 12 . 310 Section PM-802 .4 amended--Multiple Occupancy. Section PM-802 .4 "Multiple Occupancy" is amended to read as follows : "The owner of a structure containing two (2 ) or more dwelling units, a multiple occupancy, a rooming house, or nonresidential structure shall be responsible for the extermination of any insects, rodents, or other pests when the infestation occurs in two (2) or more dwelling units or in the public or shared areas of the structure" . 16 . 12 . 320 Appendix A deleted--BOCA National Plumbing Code. The BOCA National Plumbing Code is deleted in its entirety from Appendix A. 16 . 12 . 330 Appendix A amended--Illinois State Plumbing Code. Appendix A is amended to include the 1986 Edition of the Illinois State Plumbing Code for reference to sections PM-102 . 1, PM-200 . 3, PM-201 . 0, and PM-900 . 2 . 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 ten days after its passage and publication in pamphlet form. / Geor�� V nDeVoorde, Mayor eft Presented: April 14, 1993 Passed: April 14, 1993 Omnibus Vote: Yeas 6 Nays 0 Recorded: April 15, 1993 Published: Attest: Dolonna Mecum, City Clerk F