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HomeMy WebLinkAboutG68-96 Ordinance No. G68-96 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 by reference any published compilation of rules and regulations prepared by a nationally recognized technical trade or service association pursuant to the provisions of Article 1, Division 3 of the Illinois Municipal Code ( 65 ILCS 5/1-3-1 et seq. ) ; and WHEREAS, The BOCA National Property Maintenance Code, Fifth Edition, 1996" establishes minimum regulations governing the conditions and maintenance of all property, buildings and structures by providing standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupancy and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures; and WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to adopt the The BOCA National Property Maintenance Code, Fifth Edition, 1996 , as published by the Building Officials and Code Administrators International, Inc. , with the additions, insertions, deletions and changes prescribed in this ordinance; and WHEREAS, one copy of the The BOCA National Property Maintenance Code, Fifth Edition, 1996 has been on file with the City Clerk for more than thirty days preceding the passage of this ordinance, in accordance with Section 1-3-2 of the Illinois Municipal Code (65 ILCS 5/1-3-2 ) . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 16 . 12, Section 16 . 12 . 010 of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended to read as follows : 16 . 12 . 010 ADOPTED EXCEPTIONS That a certain document, one ( 1) copy of which is on file in the office of the City Clerk of the City of Elgin, being marked and designated as The BOCA National Property Maintenance Code, Fifth Edition, 1996 , as published by the Building Officials and Code Administrators International, tow Inc. , be and is hereby adopted as and shall be known as the Property Maintenance Code of the City of Elgin; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and • terms of said BOCA National Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in this chapter. Section 2 . That Chapter 16 . 12 entitled Property Maintenance Code of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 16 . 12 . 020 to read as follows : Section 16 . 12 . 020 ADDITIONS, INSERTIONS AND CHANGES The BOCA National Property Maintenance Code, Fifth Edition, 1996 is amended and revised in the following respects : Section PM-101 . 1, entitled Title, shall be amended to read as follows : These regulations shall be known as the Property Maintenance Code of the City of Elgin, hereinafter referred to as this code. Section PM-106 .2, entitled Penalty, shall be amended to read as follows : Penalties shall be in accordance with the provisions set forth in Chapter 1 .20 of the Elgin Municipal Code, 1976, as amended. Section PM-107 . 3, entitled Method of Service, shall be amended to read as follows: Such notice shall be deemed to be properly served if a copy thereof is (a) delivered to the owner personally; or (b) sent by mail addressed to the owner at the owner' s last known address . If the letter is returned showing that the letter can not be delivered at the owner' s last known address, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner' s agent or upon the person or persons responsible for the structure shall constitute service of notice upon the owner. Section PM-108 . 3, entitled Notice, shall be amended to read as follows : Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or 2 persons responsible for the structure by (a) delivering a copy thereof to the owner personally; or (b) sending the notice by certified or registered mail to the owner' s last known address with return receipt requested. Service of such notice in the foregoing manner upon the owner' s agent or the person or persons responsible for the structure shall constitute service of notice upon the owner. Section PM-111 .2, entitled Membership of the board, shall be amended to read as follows : The board of appeals shall consist of seven members appointed by the mayor and the city council as follows : two for five years, two for four years and three for three years . Thereafter, each new member shall serve for five years or until a successor is appointed. Section PM-111 .2 .2, entitled Alternate members, shall be amended to read as follows : Members at large. Two individuals on the board of appeals shall be members at large. eft Section PM-111 . 6, entitled Board Decision, shall be amended to read as follows : The board shall modify or reverse the decision of the code official by a concurring vote of four members . Section PM-202 . 0, entitled Definitions, shall be amended to read as follows : Dwelling unit shall be ascribed the same definition as that set forth for the term in Section 19 . 90 . 305 of the Elgin Zoning Ordinance. Single-family dwelling shall be ascribed the same definition as that set forth for the term in Section 19 .90 . 300 of the Elgin Zoning Ordinance. Two-family dwelling shall be ascribed the same definition as that set forth for the term in Section 19 . 90 . 302 of the Elgin Zoning Ordinance. Family dwelling shall be ascribed the same definition as that set forth for the term in Section 19 . 90 . 315 of the Elgin Zoning Ordinance. Section PM-303 . 4, entitled Weeds, shall be amended to read as follows : 3 All premises and exterior property shall be maintained free from weeds in excess of 8 inches . 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 . All noxious weeds shall be prohibited. Noxious weeds shall include the following: ragweed, giant and common; Canada thistle, all varieties; perennial sow thistle; European bind weed; hoary cress; leafy spurge; and Russian knapweed. Section PM-303 . 8, entitled Motor vehicles, shall be amended to read as follows : A non-licensed or unregistered motor vehicle shall not be parked, kept or stored on any premises zoned for residential use for more than thirty ( 30) days within any 12 month period, provided not more than one ( 1) non-licensed or unregistered motor vehicle is parked, kept or stored on any premises zoned for residential use at any time, nor shall more than one ( 1) non-licensed or unregistered motor vehicle be parked, kept or stored on any premises, ,fir► and no vehicle shall at any time be in state of major disassembly, disrepair, or in the process of being stripped or dismantled. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided such work is performed inside a structure or similarly enclosed area designed and approved for such purposes . Section PM-304 . 15, entitled Insect screens, shall be amended to read as follows : During the period from May 1 to October 31, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition. Exception: Screen doors shall not be required eft where other approved means, such as air curtains or insect repellant fans are employed. Section PM-405 . 2, entitled Access from sleeping rooms, shall be amended to read as follows : 4 tomb- Sleeping rooms shall not constitute the only means of providing interior access to other sleeping rooms or habitable spaces . Exception. Dwelling units that contain fewer than two bedrooms . Section PM-602 .2 . 1, entitled Heat supply, shall be amended to read as follows : Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guest room on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to May 31 to maintain the room temperatures specified in Section PM-602 .2 . Section PM-602 . 3, entitled Nonresidential structures, shall be amended to read as follows : Every enclosed occupied works space shall be supplied with sufficient heat during the period from eft October 1 to May 31 to maintain a temperature of not less than 65 degrees F. ( 18 degrees C. ) during all working hours . Exceptions : 1 . Processing, storage and operation areas that require cooling or special temperature conditions . 2 . Areas in which person are primarily engaged in vigorous physical activities . Section PM-705 . 5, entitled Smoke detectors, shall be amended to read as follows : A. DEFINITIONS For the purposes of this section: "Approved smoke detector" or "detector" means a smoke detector of the ionization or photoelectric type, which complies with all the requirements of the Rules and regulations of the Illinois State Fire Marshal . "Dwelling unit" means a room or suite of rooms used for human habitation, and includes a single family residence as well as each living unit of a multiple family residence and each living unit in a mixed-use building. 5 "Hotel" means any building or buildings maintained, advertised, or held out to the public to be a place where lodging is offered for consideration to travelers and guests . "Hotel" includes inns, motels, tourist homes or courts, bed and breakfast establishments and lodging houses . B. INSTALLATION 1 . Every dwelling unit shall be equipped with at least one approved smoke detector in an operating condition within 15 feet of every room used for sleeping purposes . The detector shall be installed on the ceiling and at least 6 inches from any wall, or on a wall located between 4 and 6 inches from the ceiling. 2 . Every single family residence shall have at least one approved smoke detector installed on every story of the dwelling unit, including basements but not including unoccupied attics . In dwelling units with split levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level if the lower level is less than r one full story below the upper level; however, if there is an intervening door between the adjacent levels, a smoke detector shall be installed on each level . 3 . Every structure which ( 1) contains more than one dwelling unit, or (2 ) contains at least one dwelling unit and is a mixed-use structure, shall contain at least one approved smoke detector at the uppermost ceiling of each interior stairwell . The detector shall be installed on the ceiling, at least 6 inches from the wall, or on a wall located between 4 and 6 inches from the ceiling. 4 . It shall be the responsibility of the owner of a structure to supply and install all required detectors . The owner shall be responsible for making reasonable efforts to test and maintain detectors in common stairwells and hallways . It shall be the responsibility of a tenant to test and to provide general maintenance for the detectors within the tenant' s dwelling unit or rooming unit, and to notify the owner or the authorized agent of the owner in writing of any deficiencies which the tenant cannot correct. The owner shall be responsible for providing one tenant per dwelling eift unit with written information regarding detector testing and maintenance. The tenant shall be responsible for replacement of any required batteries in the smoke detectors in 6 the tenant ' s dwelling unit, except that the owner shall ensure that such batteries are in operating condition at the time the tenant takes possession of the dwelling unit. The tenant shall provide the owner or the authorized agent of the owner with access to the dwelling unit to correct any deficiencies in the smoke detector which have been reports in writing to the owner or the authorized agent of the owner. 5 . The requirements of this Section shall apply to any dwelling unit in existence on July 1, 1988, beginning on that date. Except as provided in subsections 6 and 7, the smoke detectors required in such dwelling units may be either battery powered or wired into the structure' s AC power line, and need not be interconnected. 6 . In the case of any dwelling unit that is newly constructed, reconstructed, or substantially remodeled after December 31, 1987, the requirements of this Section shall apply beginning on the first day of occupancy of the dwelling unit after such construction, reconstruction or substantial remodeling. The smoke detectors required in such dwelling unit shall be permanently wired into the structure' s AC power line, and if more than one detector is required to be installed within the dwelling unit, the detectors shall be wired so that the actuation of one detector will actuate all the detectors in the dwelling unit. 7 . Every hotel shall be equipped with operational portable smoke-detecting alarm devices for the deaf and hearing impaired of audible and visual design, available for units of occupancy. Specialized smoke-detectors for the deaf and hearing impaired shall be available upon request by guests in such hotels at a rate of at least one such smoke detector per 75 occupancy units or portions thereof, not to exceed 5 such smoke detectors per hotel . Incorporation or connection into an existing interior alarm system, so as to be capable of being activated by the system, may be utilized in lieu of the portable alarms . Operators of any hotel shall post conspicuously at the main desk a permanent notice, in letters at least 3 inches in height, stating that smoke elK detector alarm devices for the deaf and hearing impaired are available. The proprietor may require a refundable deposit for a portable smoke detector not to exceed the cost of the detector. 7 eft. Section 705 . 5 . 1, entitled Installation, shall be deleted in its entirety. Section 705 .5 .2, entitled Power Source, shall be deleted in its entirety. Section 705 . 5 . 3, entitled Tampering, shall be deleted in its entirety. Section 3 . That Chapter 16 . 12 entitled Property Maintenance Code of the Elgin Municipal Code, 1976, as amended, Sections 16 . 12 . 030 through 16 . 12 . 330, inclusive, be and are hereby repealed. Section 4 . That Chapter 9 . 16 entitled Plants and Weeds of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 9 . 16 . 010 to read as follows : Weeds as used in this chapter shall include the following: (a) All grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated eft flowers and gardens . (b) All noxious weeds, including ragweed, giant and common; Canada thistle, all varieties; perennial sow thistle; European bind weed; hoary cress; leafy spurge; and Russian knapweed. Section 5 . That Chapter 9 . 16 entitled Plants and Weeds of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 9 . 16 . 020 to read as follows : All premises and exterior property shall be maintained free from weeds in excess of 8 inches . All noxious weeds shall be prohibited. Any such weeds are declared to be a nuisance. Section 6 . That Chapter 16 . 04 entitled Building Code of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 16 . 04 . 070(B) to read as follows : B. Size and Type. Street numbers shall be displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least 3 inches ( 76 mm) high and i-inch ( 13 mm) stroke. Section 7 . That Chapter 3 . 66 entitled Basic Property Maintenance Board of the Elgin Municipal Code, 1976, as amended, be and is hereby repealed. 8 . Section 8. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 9 . That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed in Section 3 or Section 7 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 10 . That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. 24/,L,Kevin Kelly, Mayor Presented: December 18, 1996 Passed: December 18, 1996 Vote: Yeas 7 Nays 0 Recorded: December 19, 1996 Published: Attest: icq4'e-lt-,---C /44. c.4_,- Dolonna Mecum, City Clerk telh 9