81-1222 Neighborhood Housing Services I
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC. FOR OPERATION OF A
SYSTEMATIC CODE INSPECTION PROGRAM
WHEREAS, concerted effort has been made over the last several months
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 neigh-
borhood housing services program; and '
WHEREAS, the establishment and carrying out of a sensitive and flexible
systematic housing inspection program is made mandatory by Federal regula-
tions for the establishment 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 shall be construed liberally and
justly to insure public health, safety, and welfare insofar as they are
affected by the maintenance of structures and premises for the rehabilita-
tion of existing buildings, the city may vary or modify, in whole or in
part, the application of any provision of this code where compliance with
such provision creates practical difficulty or undue financial hardship,
such variance or modification shall be consistent with the purpose of this
code which is to achieve acceptable levels of safety, and to promote the
conservation, rehabilitation, and reuse of the existing housing stock; and
WHEREAS, the Neighborhood Housing Services Program Operations Committee
lliam prepared a proposed systematic code inspection program, whill describes the
illiam, purpose, issues, concerns, policies, organization, and procedures of such a
Nays: program and recommends the creation of a Property Maintenance Board of Appeals
to interpret the intent of and provide for variances from the BOCA Basic
Property Maintenance Code; and
WHEREAS, these recommendations have been presented, reviewed and adopted
by Corporate Members of Neighborhood Housing Services; and
WHEREAS, Federal regulations require the execution of an agreement
between the City of Elgin and the Neighborhood Housing Services Corporation
for implementation of the Systematic Code Inspection Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS, that Leo Nelson, City Manager, and Marie Yearman, City
Clerk, be and are hereby respectively authorized and directed to execute,
on behalf of the City of Elgin, an agreement with Neighborhood Housing
Services of Elgin, Inc. , a copy of which is attached hereto and made a
part hereof by reference.
s/ James M. Kirkland
James r r an ayor
s
b.
593 VOLUME XLVI VC
Presented: December 22, 1981
Adopted: December 22, 1981
Vote: Yeas 6 Nays 0
Recorded:
Attest:
th
s/ Marie Yearman Mb
Marie Yearman, City Clerk I1
Pu
of
Ss
II;
E
ORDINANCE PASSED ABATING THE ANNUAL TAX FOR 1.981.
FOR GENERAL OBLIGATION CORPORATE PURPOSE BONDS
SERIES 1975
c
Councilwoman Nelson made a motion, seconded by Councilman Gilliam
to pass the aforementioned ordinance. Yeas: Councilmen Gilliam,
Hansen, Nelson, Schmidt, Waters and Mayor Pro Tem Kirkland. Nays:
None.
NEIGHBORHOOD HOUSING SERVICES OF ELGIN, INC.
CODE COMMITTEE
A SYSTEMATIC CODE INSPECTION PROGRAM
I. PURPOSE:
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A. To help prevent the physical deterioration of the neighborhoods;
B. To improve the physical quality of housing within the neighborhood;
C. To protect residents by identifying existing fire, health and safety
hazards within their homes;
D. To protect housing investments and stabilize property values by im-
proving the general appearance of the neighborhood;
E. To strengthen the residential character of the neighborhood by im-
proving the physical environment;
F. To apply uniformly and equitably a housing maintenance and code in-
spection program throughout the neighborhood.
II. THE HOUSING CODE:
A. The basic city code which will be used under the program will be the
BOCA Property Maintenance Code, as adopted and amended by the City.
B. The Property Maintenance Code establishes minimum standards for the
maintenance and rehabilitation of existing residential structures
in such areas as fire prevention, heating systems, electrical and
plumbing systems, structural elements affecting safety, lead paint
and exterior conditions.
This code is not to be confused with the new construction standards of
the BOCA Building Code.
C. This basic code will be augmented by the following city codes:
a) applicable sections of the Health and Safety Code:
9.04 Health and Sanitary Regulations
9.16 Plants and Weeds
9.24 Garbage and Refuse
9.36 Storage of Junk and Waste Matter
b) applicable sections of the Building and Construction Code:
16.12 Housing Code
16.28 Fire Prevention Code
16.40 Burglary Security Code
16.44 Roominghouses
c) applicable sections of the Zoning Code
Exhibit A
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D. Any extensive remodeling, i.e. , complete gutting of interior spaces and
new additions would have to meet the building codes for new construction.
E. The City of Elgin will commit inspection services equivalent to two
housing inspectors within the NHS area.
F. The city shall consider all code changes recommended by the Board of
Directors, including the following:
1 . The property mainentance code (section PM-303.3.1 )
"Lead Based Paint" should be modified by deleting
reference to "paneling or other suitable covering
approved by the City Official ."
2. Solid core doors should be made mandatory in multi-
family structures; smoke detectors should be manda-
tory in single and two-family structures, with
solid core doors an option.
III. ISSUES AND CONCERNS:
A number of concerns have been identified about the nature of the code enforce-
ment program, who may be affected by it, and the procedures which might be
used.to influence them to rehabilitate.
1 . Absentee Landlords — their potential impact on the success of the NHS
program, how to deal with them, and the kinds of incentives which
might be used to influence them to rehabilitate.
a) financial assistance - grants, rebates, Section VIII certifi-
cates, loans;
b) NHS Board support in court cases involving irresponsible tenants;
c) grants for repairs of damage caused by tenant destruction;
d) tax incentives through historic preservation;
e) peer pressure;
f) strict court enforcement;
g) tenant referral service through the NHS program;
h) property acquisition and resale to potential home-owner.
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ISSUES AND CONCERNS: (Cont'd)
2. Displacement of residents - due to code enforcement activities, the
potential demolition of substandard structures and to rent increases
resulting from rehabilitation efforts, there is the liklihood that
a small number of residents may have to relocate:
a) An extensive effort will be made to minimize displacement, but
we cannot guarantee no displacement, nor is it wise to do so.
b) Hopefully, displacement will occur only in those cases where
health, fire and safety factors are considered imminently hazar-
dous, or in those instances where the courts have ordered the
eviction of the tenants.
c) Some form of relocation services should be made available in the
event of displacement (tenant or owner-occupied) .
3. Adequacy of the Code Inspections - how complete will the inspections
be; will there be consistency in code interpretation among the in-
spectors? Some basic re-occurring code problems have been identified:
a) inadequate wiring and plumbing installations by owners or
tenants;
b) overloading of fuse boxes and circuits;
c) neglect of heating systems, especially air filters;
d) space requirements inadequate for living or sleeping accommoda-
tions;
e) leaking roofs;
f) inadequate or obsolete furnaces.
4. The need to develop a city-wide inspection program - some residents are
concerned that the code enforcement program will be restricted solely
to the NSA area, or to the area within the NHS. They feel this would
be a negative approach, one which is arbitrary and prejudicial to their
part of the city.
a) the NHS program is an initial effort to gain more incisive ex-
perience than that being obtained through the "volunteer
rebate program.
b) the NHS program is being initiated in an area of demonstrated need,
an area officially eligible for federal community development
block grant funds.
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ISSUES AND CONCERNS: (Cont'd)
c) the NHS is a program of demonstrated success in over 120 cities
nationwide. A key to its success is efforts to turn around
a neighborhood, much like Elgin's Eastside, utilizing flexible
and systematic code inspections;
d) The courts have determined that systematic code inspection pro-
grams are preferred and are the basis for the issuance of in-
spection warrants.
5. The nature of the code inspection program - will the program be truly
sensitive and flexible to the needs and requirements of the residents
and the neighborhood? Inspection efforts are often viewed as arbi-
trary, random, somewhat threatening and impersonal .
a) efforts have been made to humanize the city's initial inspec-
tion contacts, albeit the effort currently operates solely on
a complaint basis where emotions are sometimes charged;
b) existing forms have been revised, letters have been toned down,
the use of form-letters has been reduced and personal contact
has been stressed;
c) the rehabilitation-rebate program is based on a one-to-one con-
tact and the housing inspectors have gained experience in re-
lating to people because of it. However, the program is volun-
tary, financial assistance is the underlying incentive and court
enforcement has not been necessary;
d) the NHS program is unique because of the involvement of the resi-
dents in all phases of the program, including inspection.
6. Tenants - code violations also exist because some tenants are negli-
gent in the manner and attitude with which they occupy a dwelling
unit. The result often is a lack of maintenance by the property owner
because of:
a) distress, anger and discouragement to repair;
b) financial hardship;
c) inability to keep up with disrepairs;
d) inability to evict negligent tenants.
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ISSUES AND CONCERNS: (Cont'd)
7. Insensitivity and/or ineffectiveness of court system - many NHS pro-
grams have identified the lack of court enforcement as a real
obstacle to effectuating the improvement of their neighborhoods.
Several approaches are suggested to begin to overcome the shortcomings
of the judicial system:
a) establish a six-months revolving judicial cycle;
b) establish a housing court within the Fox River valley;
c) establish a housing "day" in court; or
d) assign a judge to a specific municipality;
e) promote an awareness within the judicial process of the effects
of code violations on a neighborhood.
8. Assessed valuations - many people have the misconception that any kind
of improvement to their property will result in an increase in the
assessed valuation of their property. This is not the case. There are
two kinds of improvements:
A. Those repairs which maintain the physical condition of the struc-
ture and property or upgrade utility systems to modern code
standards. These do not affect the assessed valuation of a property.
Examples are provided on a separate check list. (Attachment A)
B. Those repairs which increase the square footage or number of rooms
within a structure, and therefore, its intrinsic value. These
improvements may result in increased assessments. Examples are
provided on a separate check list. (Attachment A)
IV. POLICIES:
The following policies are enumerated as suggested guidelines for carrying
out the systematic code inspection program.
1 . All structures within the NHS area shall be subject to an inspection .
2. The existing rebate program will continue as a supplementary rehabili-
tation program within the NHS area.
3. In conjunction with the code program, the city shall carry out an in-
spection of the physical environment within the NHS area.
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POLICIES: (Cont'd)
4. In conjunction with the rehabilitation effort, the city shall coordi-
nate and expedite sidewalk and street repairs and other capital im-
provement projects within the NHS area.
5. The health, safety and fire aspects of the city's codes shall be
stressed as part of the code program.
6. Testimony, shall be enlisted, where appropriate to the NHS, of people
who have participated in the Rebate program.
7. In conjunction with inspection -rehabilitation efforts, the NHS staff
shall carry out a referral service to social health agencies.
8. The NHS Board, in conjunction with an historic district, may recom-
mend additional code requirements for the preservation of the historic
character of the area.
9. Court action will be utilized as a means of code compliance only in
those cases of last resort where other techniques have been exhausted.
10. The responsibilities of persons for the maintenance of structures and the
equipment & premises thereof shall be governed by the provisions of all
building and maintenance codes adopted by the City of Elgin and by the
leases entered into between the landlord and the tenant.
11 . The basic approach of the NHS code program is to personalize individual
contacts as much as possible. All correspondence, communications, in-
spection, appointments, informational meetings will be adopted to indi-
vidual requirements wherever feasible. Moreover, verbal discussion be-
tween owner/ inspectors will be summarized in writing.
V. ORGANIZATION AND RESPONSIBILITIES:
Within the general framework of the NHS Inc., a standing committee should be
identified to assist in carrying out the systematic code inspection program.
The committee would not only monitor the quality and sensitivity of the city's
inspection effort, but it would also take an active role through disseminating
information about the inspection program and participating as a local repre-
sentative in the actual inspections.
Membership of the standing committee may be accomplished by designating one
or more persons within a block as co-captains, and designating the co-captains
within the initial impact area as members of the standing committee. Membership
would vary as blocks within an I.I.A. are completed and new impact areas are
organized. Regardless of the final nature and composition of this committee,
it would assume the following responsibilities:
1 . Assist in maintaining communication linkages between residents, property
owners and city inspection personnel .
2. Promote the inspection program through dissemination of technical infor-
mation about the inspection program, code standards, procedural require-
ments and other aspects of the NHS.
3. Assist in development of an information package on codes.
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ORGANIZATION AND RESPONSIBILITIES: (Cont'd)
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4. Facilitate acceptance of city inspections by establishing initial
contacts with individual property owners, by accompanying an in-
spector or monitoring individual inspections, by follow-up contacts
after inspections have been made, and by serving as an impartial
witness in resolving disagreements or misunderstandings which may occur
between property owners and housing inspectors.
VI. PROCEDURES
A. Recommended NHS Inspection Procedures
Because the NHS program will deal with all structures under an ulti-
mate compliance concept, a single procedure may not prove workable
for all property owners. Reactions to the inspection program and
the degree of compliance will be complex as opposed to the city's
rebate program which is voluntary in nature. Furthermore, age, in-
come, lifestyles, sociological , economic and physiological factors
will all influence compliance. Thus, the need for flexibility and
sensitivity in carrying out the systematic inspection program.
The following suggestion is a very basic inspection procedure which
can be modified or varied according to individual needs:
1 . Establish a block or neighborhood meeting to explain the
inspection program, procedures and general timetable for
the particular area or street in the Initial Impact Area (I.I.A. )
2. An NHS representative contacts individual property owners
to arrange or to announce a scheduled inspection date;
3. The initial inspection is carried out, a citizen representa-
tive accompanying the inspector if requested and/or the
property owner(s);
4. The city completes a housing inspection form and prepares a
summary letter which is sent to the NHs office for informa-
tion and follow through. There is a need to have well docu-
mented inspection records for monitoring later rehabilitation
efforts. Use of dictaphones or tape recorders should be
evaluated.
5. The NHS staff reviews the inspection form and letter with the
city housing inspector.
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PROCEDURES: (Cont'd)
6. The NHS staff contacts the property owner regarding the NHS program
and services, reviews the summary letter and any corrections
that may be needed, including those that can be done by the
property owner;
7. The property owner agrees to a course of action;
8. Financing arrangements are processed and rehabilitation is begun;
9. A final inspection is made; -
10. A certificate of compliance is issued.
B. Supplementary Inspection Services
The inspection effort can be initiated in several different ways depending
upon local needs or opportunities. In addition, several supplementary
programs or services are suggested which would contribute the to the over-
all enhancement of the program and to the comprehensiveness of the neighbor-
hood improvement effort.
1 . Pre-inspection Demonstrations - A house can be selected
within a neighborhood or block to demonstrate what an
inspection would look like (also see No. 3 below) .
2. Public Information Meetings - The approach should be a soft
sell , i.e., stress the positive aspects of the program.
* upgrade property values;
* protect health and safety of living quarters;
* stop deterioration;
* protect investments.
3. Voluntary Inspection Phase - Individual property owners
could request participation in the inspection program
earlier than the schedule for their particular neighbor-
hood. Another aspect would be to seek volunteers with-
in the Initial Impact Area especially homes owned by NHS
representatives and use these inspections as prototypes
for demonstration purposes.
4. Scheduled Inspection Phase - The core of the inspection
program may be carried out on a block-by-block basis.
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5. Pre-sale Inspection Program - Property owners and/or pros-
pective buyers can request an inspection as part of the
selling process.
6. Capital Improvement Program - The city should coordinate
its scheduling of capital improvement projects to coin-
cide with inspection-rehabilitation phasing. Citizens need
to feel their individual efforts are being reciprocated by
positive results within the neighborhood. It is a team
effort. Currently the city pays for 50% of the cost of side-
walk repairs. .
7. Referral Services - There are two broad aspects. One is to
provide individual property owners assistance in finding
reputable local contractors and in corroborating the kinds
of repairs and improvements being suggested. The second is
to provide referral services for personal and financial
problems which, because of their uniqueness or special nature,
may prevent the participation of a household in the rehabili-
tation program.
8. Code Flexibility Allowances - In typical older neighborhoods,
there normally exists a variety of housing built in different
styles and under different code standards. While it is dif-
ficult to generalize (each case is an individual situation),
some code flexibility may be allowed in special cases where
older homes were constructed under prior building codes.
For example, an elderly person of modest income may not be
imposing a high electrical demand on a 30 amp service which
is otherwise in working condition. Upgrading to current stan-
dards of 100 amp services may not be justified and a tempo-
rary variance certificate could be granted. However, upon sale
of the house, standards should be upgraded to meet minimum
code requirements.
C. Court Enforcement
Regardless of all the public information, flexibility and sensitivity,
there may be a number of hardcore cases in which compliance will not
be obtained without some degree of legal leverage. Various methods
should be evaluated ranging from the benign to the strict.
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Code Enforcement (Cont'd)
Initial non-compliance may result from apprehensiveness or misunder-
ing of the program, from philosophical differences, from a lack of
technical knowledge of basic structural components and utility
systems, from financial distress, from personal problems, from in-
difference, from language barriers and differing lifestyles to the
property owner who resists any measure of regulation. These techni-
ques might include such approaches as:
1 . neighborhood and peer pressure
2. more detailed information
3. technical assistance
4. rehabilitation assistance
5. financial assistance
6. tenant/landlord negotiations
7. medical-health-social assistance
8. an ad hoc mediative committee under NHS
9. legal enforcement and court action.
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9.16.010 Plants and Weeds 9.16.010
members of the board of health. The license holder or person in
charge shall be given notice of the time and place of the hearing by
certified mail to the licensee's last known address or delivered
personally to the license holder or person in charge at least three days
prior to the hearing date. At the hearing the licensee shall be
permitted counsel and shall have the right to submit evidence and
cross-examine witnesses.
B. At the conclusion of the hearing, the board of health may sustain,
modify, or reverse any order of the health officer and may suspend or
revoke the license. The decision of the board of health shall be
rendered in writing within two days and shall be final.
(Ord.G43-78 § 1 (part), 1978.)
Chapter 9.16
PLANTS AND WEEDS3
Sections:
9.16.010 Weeds defined.
9.16.020 Nuisance declaration.
9.16.030 Property owner required to cut.
9.16.040 Cutting by city—lien.
9.16.050 Payment of costs—Lien release.
9.16.060 Enforcement.
9.16.070 Penalty for violation.
9.16.010 Weeds defined.
"Weeds"as used in this chapter shall include the following:
A. Noxious Weeds.Ragweed,giant and common;Canada thistle,all of its
varieties;perennial sow thistle;European bind weed;hoary cress;leafy
spurge;and Russian knapweed.
B. Others. Burdock;cocklebur;jimson;blue vervain;common milkweed;
wild carrot; poison ivy; wild mustard;rough plgweed;lambsquarter;
wild lettuce;curled dock;smart weeds, all varieties;poison hemlock;
wild hemp; oxeye daisy; goldenrod; yellow hemlock;buckhorn; or
other weeds of a like kind.
(Ord.G-843 4 1(part),1958:prior code §30.401.)
2505 (Elgin 6-30-78)
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9.16.020 Health and Safety 9.16.030
9.16.020 Nuisance declaration.
It is declared to be illegal for the owners of real estate to refuse or
neglect to cut weeds when such weeds have reached a height in excess of
eight inches. Any such weeds exceeding such height are declared to be a
nuisance.(Ord.G-843 § 1 (part),1958: prior code § 30-402.)
9.16.030 Property owner required to cut.
Every owner of real estate within the city shall cut weeds on his
property at least twice a year: once between July 1st and July 25th and
once between August 10th and August 25th, or at all times as may be
necessary so that weeds shall not exceed eight inches in height. If the
owner neglects or refuses to cut weeds so that the weeds exceed eight
(Elgin 630.15) 250-6
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9.32.140 Storage of Junk and Waste Matter 9.36.010
9.32.140 Penalty for violation of Sections 9.32.100 through
9.32.130.
Any person, firm, or corporation found guilty of violating,
disobeying,omitting,neglecting,or refusing to comply with,or resisting or
opposing the enforcement of any of the provisions of Sections 932.100
through 9.32.130, except when otherwise specifically provided, upon
conviction thereof shall be punished by a fine of not less than one hundred
dollars nor more than three hundred dollars for the first offense,and not
less than three hundred dollars nor more than five hundred dollars for the
second and each subsequent offense in any one hundred eighty-day period.
A separate and distinct offense shall be regarded as committed each day on
which such person shall continue or permit any such violation, or failure
to comply is permitted to exist after notification hereof.(Ord.G-1422 § 1
(part), 1971:prior code § 18-905.)
Chapter 9.36
STORAGE OF JUNK AND WASTE MATTERs
Sections:
1. Junkyards.
9.36.010 Junkyards prohibited.
IL Junk on Private Property.
936.020 Failure to remove unlawful.
9.36.030 Removal by city.
9.36.040 Lien—Filing of notice.
9.36.050 Lien—Release.
9.36.060 Penalty for violation of Sections 9.36.020 through
9.36.050.
I. Junkyards.
9.36.010 Junkyards prohibited.
A. The operation or existence of so-called junkyards or places for the
• accumulation of scrap, waste material, debris and other material
commonly described as junk,within the corporate limits of the city or
281 n 12.30-77
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9.36.020 Health and Safety 9.36.040
within one mile thereof,is defined and declared to be a nuisance.
B. It is unlawful, within the corporate limits of the city or within one
mile thereof, for any person, firm or corporation to operate such
junkyards or business aforesaid or cause or permit the accumulation in
open yards or places of scrap,waste material or junk.
(Prior code Q 16-72.)
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II. Junk on Private Property.
9.36.020 Failure to remove unlawful.
A. It is unlawful for any person who is the owner of private property
upon which is strewn or tittered garbage, debris, trash or junk,
accumulated so as to constitute a danger to the public health, to fail
to remove said garbage, debris or junk after receipt of written notice
from the director of health and housing.
B. Junk is defined in this chapter to include all scrap metals and their
alloys, bones, rags, used cloth, used rubber, used rope, used tinfoil,
used bottles, old or used machinery,used tools,used appliances,used
fixtures,used utensils,used lumber,used boxes or crates,used pipe or
pipe fittings, inoperable or abandoned motor vehicles, and other
manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition, but are subject to
being dismantled.
(Ord. G71-77 § 1, 1977;Ord. G40-75 4 1 (part), 1975: Ord. G-1046 § 1
(part),1964: prior code § 18-601.)
9.36.030 Removal by city.
If any person owning private property within the city refuses or
neglects to remove garbage, debris, trash or junk after ten days'written
notice to do so, the director of health and housing may cause the garbage,
debris, trash or junk to be removed. (Ord. 640-75 g I (part), 1975:Ord.
6-1046 * 1 (part),1964: prior code § 18.602.)
9.36.040 Lien—Filing of notice.
Upon removal of any garbage, debris, trash or junk from private
property as provided in Section 936.030 after the failure of the owner of
such property to do so,the cost of such removal shall be paid within ten
• (mdn 12-30-77) 282
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16.12.010 Housing Code 16.12.030
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Chapter 16.12
HOUSING CODE
Sections:
16.12.010 Short title.
16.12.020 Purpose.
16.12.030 Scope and applicability.
16.12.040 Adopted—Exceptions.
16.12.050 Section H-121.0 amended—Right of entry.
16.12.060 Building official—Authority—Right of entry.
16.12.070 Substandard buildings declared nuisance.
16.12.090 Permit—Required.
16.12.100 Permit—Fee.
16.12.110 Inspection.
16.12.120 Conflict with Basic Building Code.
16.12.130 Conflict with other city provisions.
16.12.140 Penalty for violation.
16.12.010 Short title.
The ordinance codified in this chapter shall be known as the "Elgin
housing code,"may be cited as such,and will be referred to in this chapter
as"this code."(Ord.G982 f 1 (part), 1962:prior code§ 19-901(A).)
16.12.020 Purpose.
The purpose of this code is to provide minimum requirements for the
protection of life,limb,health,property,safety,and welfare of the general
public and the owners and occupants of residential buildings.(Ord.G-982
§ 1 (part), 1962:prior code 4 19.901(B).)
16.12.030 Scope and applicability.
A. 'Application.
1. The provisions of this code shall apply to all buildings or portions
thereof, used, or designed or intended to be used, for human
• habitation. Such occupancies in existing buildings may be •
continued as provided in the applicable city code of Elgin,except
523 (Elgin i2-30-77)
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16.12.040 Buildings and Construction 16.12.060
such structures as are found to be substandard as defined in this
code.
2. Where any building or portion thereof, is used or intended to be
used as a combination apartment house-hotel, the provisions of
this code shall apply to the separate portions as if they were
separate buildings.
B. Alteration. Existing buildings which are altered or enlarged shall be
made to conform to this code insofar as the new work is concerned
and in accordance with the applicable city code of Elgin.
C. Relocation. Existing buildings which are moved or relocated shall be
considered as new buildings and shall comply with all the
requirements of this code.
(Ord. G-982 § 1 (part), 1962:prior code § 19.901(C).)
16.12.040 Adopted—Exceptions.
The regulations of the third edition, 1975, of the B.O.C.A. Basic
Housing—Property Maintenance Code,recommended and published by the
Building Officials and Code Administrators International, Incorporated,
published in pamphlet form,are adopted as the housing code of the city,
except for Subsection H-301.7 entitled "Motor Vehicles"and Subsection
14302.8 entitled "Exit Doors" which are deleted in their entirety. (Ord.
G67-75 § 1, 1975: Ord. G-1606 § 1, 1973: Ord. G-1448 g 1(a), 1971:
Ord.G-982 § 1 (part),1962: prior code § 19-902.)
16.12.050 Section 11-121.0 amended—Right of entry.
Section H-121.0 of the housing code is amended by repealing all
provisions following the first sentence.(Ord.G39-74 §3, 1974.)
16.12.060 Building official-Authority—Right of entry.
A. Authority. The building official is authorized and directed to enforce
all the provisions of this code.
B. Right of Entry. Upon presentation of proper credentials,the building
official or his duly authorized representatives may enter at reasonable
times any building, structure, or premises in the city to perform any
duty imposed upon him by this code.
(Ord.G-982 § 1 (part), 1962:prior code § 19-903(A).)
• (Elgin 12.30-77) 524
-.Na..-.
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16.12.070 Housing Code 16.12.110
16.12.070 Substandard buildings dedared nuisance.
All buildings or portions thereof which are determined to be
substandard as defined in this code are declared to be public nuisances and
shall be abated by repair, rehabilitation, demolition, or removal in
accordance with the procedure specified in the applicable city code of
Elgin.(Ord.G-982 § 1 (part), 1962:prior code § 19-903(B).)
16.12.090 Permit—Required.
No person, firm, or corporation shall erect, construct,enlarge, alter,
repair, move, improve, remove, convert, or demolish any building or
structure,or cause or permit the same to be done,without rust obtaining a
separate building permit for each such building or structure from the
building official in the manner and according to the applicable conditions
prescribed in this code. (Ord. G-982 § I (part), 1962: prior code §
19-904(A).)
16.12.100 Permit-Fee.
Whenever a building permit is required by this code, the appropriate
fees shall be paid to the city collector as set forth in the applicable city
code of Elgin.(Ord.G-982 § 1 (part), 1962: prior code § 19-904(B).)
16.12.110 inspection.
All buildings or structures within the scope of this code and all
construction or work for which a permit is required shall be subject to
inspection by the building official in accordance with and in the manner
provided by this code and the applicable city code of Elgin.(Ord.G-982 §
1 (part), 1962:prior code § 19-904(C).)
525 (pain 12-30-77)
•
6 •
•
•
16.12.120 Buildings and Construction 16.12.140
16.12.120 Conflict with Basic Buidi g Code.
Where the provisions of Sections 16.12.060 through 16.12.080 and
16.12.140 may conflict with the provisions set forth in the Basic Housing
Code,adopted by reference, the provisions of Sections 16.12.060 through
16.12.080 and 16.12.140 shall prevail and be controlling and shall be
•
considered an amendment to any conflicting provisions contained in the
Basic Housing Code. (Ord. G-1448 § 1(b), 1971: Ord. G-982 § 1 (part),
1962:prior code § 19-903(part).)
16.12.130 Conflict with other city provisions.
Wherever a provision of the ordinance codified in this chapter is found
to be in conflict with a provision of any other city code of Elgin existing
on September 13, 1962, the ordinance which establishes the higher
standard for the promotion and protection of the health and safety of the
people shall prevail. (Ord. G-144g § 1(c), 1971; Ord. G-982 § 1 (part),
1962:prior code §19-905.)
16.12.140 Penalty for violation.
A. It is unlawful for any person,firm,or corporation,whether as owner,
lessee, or responsible party in charge of property or buildings, to
erect, construct, enlarge, alter, repair, move, improve, remove,
convert, or demolish, equip,use, occupy, or maintain any building or
structure in the city, or cause, abet,or permit the same to be done,
contrary to or in violation of any of the provisions of this code.
B. Any person, rum, or corporation who violates, disobeys, omits,
neglects, or refuses to comply with,or who resists the enforcement of
any of the provisions of this chapter shall,upon conviction,be fined
not less than five dollars nor more than two hundred dollars for each
offense. Each day or portion thereof that a violation is permitted to
exist shall constitute a separate offense.
(Ord.G-982 § 1 (part), 1962:prior code § 19-903(0).)
(gain 12-30-77) 526
•
19.04.210 Zoning 19.04.240
•
19.04.210 Dog kennel.
"Dog kennel" means a facility where four or more dogs over four
months of age are boarded,bred and/or offered for sale.(Ord.G7-79§ 3,
1979: prior code § 21-103(part).)
19.04.215 Drive-in establishment.
"Drive-in establishment" means an establishment which
accommodates the patrons' automobiles,from which the occupants may
watch,purchase,or be served.(Prior code §21-103(part).)
19.04.220 Dwelling.
"Dwelling" means any building or portion thereof intended for use
exclusively as living quarters, but not including hotels, motels,
roominghouses, nursing homes, tourist homes, or trailers. (Prior code §
21-103(part).)
19.04.225 Dwelling,detached.
"Detached dwelling" means a residential building entirely surrounded
by open space on the same lot.(Prior code §21-103(part).)
19.04.230 Dwelling,multiple family.
"Multiple family dwelling" means a building or portion thereof
containing three or more dwelling units.(Prior code § 21.103(part).)
19.04.235 Dwelling,single-family.
"Single-family dwelling" means a residential building containing one
dwelling unit.(Prior code §21.103 (part).)
19.04.240 Dwelling,two-family.
"Two-family dwelling" means a residential building containing two
dwelling units.(Prior code § 21-103(part).)
Mien 3-30-70) 690
6
19.04.245 Definitions 19.04.260
•
19.04.245 Dwelling unit.
"Dwelling unit" means a group of rooms constituting all or part of a
dwelling which we arranged, designed, used, or intended for use
exclusively as living quarters for one family, and which includes cooking
facilities.(Prior code §21-103 (part).)
19.04.250 Efficiency unit.
"Efficiency unit" means a dwelling unit consisting of one principal
room together with bathroom, kitchen, hallway, closets, and/or dining
alcove directly off the principal room, provided such dining alcove does
not exceed one hundred twenty-five square feet in area. (Prior code §
21-103(part).)
19.04.252 Enforcement official.
"Enforcement official" means the land use administrator. (Ord.
G41-76 § 1 (part), 1976: prior code § 21-103(part).)
19.04.254 Exterior wall surface.
"Exterior wall surface" means the most exterior part of a wall, sun
screen, or any screening or material covering a building.(Ord.G41-76§ 1
(part), 1976: prior code § 21-103 (part).)
19.04.255 FamIIy.
"Family" means one or more persons each related to the other by
blood, marriage or adoption, or a group of not more than three persons
not all so related,together with his or their domestic servants,maintaining
a common household in a dwelling unit. A family may include not more
than two roomers, boarders, or permanent guests, whether or not
gratuitous.(Prior code §21-103 (part))
19.04.260 Fence,not solid.
"Not solid fence" means a fence which does not hide from view the
properties enclosed.(Prior code §21-103(part))
691 (Elgin r-15-77)
6
19.04.265 Zoning 19.04.275
19.04.265 Fence,solid.
"Solid fence" means a fence, including solid entrance and exit gates,
which effectively conceals from viewers in or on adjoining properties and
streets, materials stored and operations conducted behind it.(Prior code §
21.103 (part).)
19.04.267 Festoon lighting.
"Festoon lighting" means a group of two or more incandescent light
bulbs hung or strung overhead, not on a building or structure,which are
exposed to the view of persons on a public right.of-way,and which are not
shaded or hooded to prevent the direct rays of light from being visible
from the property line. (Ord. G41-76 § 1 (part), 1976: prior code §
21-103(part).)
19.04.270 Floor area—For floor area,conversions,and maximum size.
For the purpose of determining the floor area ratio, conversions of
existing structures, and maximum size of business establishments,"floor
area" means the sum of the gross horizontal areas of the several floors,
measured in square feet including the basement floor,but not including
the cellar floor, of the building;measured from the exterior faces of the
exterior walls or from the centerline of walls separating two buildings.The
floor area of a building shall also include elevator shafts and stairwells
at each floor; floor space used for mechanical equipment, except
equipment, open or enclosed, located on the roof;penthouses;attic space
having headroom of seven feet ten inches or more;interior balconies and
mezzanines; enclosed porches; and floor area devoted to accessory uses;
provided that any space devoted to off-street parking or loading shall not
be included in floor area.(Prior code §21-103(part).)
19.04.275 Floor area—For off-street parking and loading.
For the purpose of determining off-street parking and off-street
loading requirements, "floor area" means the sum of the gross horizontal
areas of the several floors of the building,or portion thereof,devoted to a
use requiring off-street parking or loading.This area shall include accessory
storage areas located within selling or working space, such as counters,
racks, or dosets, and any basement floor area devoted to retailing
activities, to the production or processing of goods, or to business or
(Den 1-IS-77) . 692
•
•
ATTACHMENT A
The following improvements may be completed without increasing
your taxes.
•
OUTSIDE YOUR HOUSE
Add a bay or picture window
Add or replace gutters or downspouts
Repair or replace sidewalks or drives
Repair porches or steps
Insulate with weather stripping, storm doors or
storm windows
Build, repair or replace a fence
Replace existing masonry
Repair roof
Replace roof (if not tile or slate)
Add or improve lawns, trees, and landscaping
Paint
Install awnings or shades
Install an above-ground swimming pool
Add a patio
INSIDE YOUR HOUSE YOU CAN
Rewire electrical system and modernize fixtures
Replace plumbing fixtures (if not part of complete
modernization)
Replace a furnace
Install or replace automatic hot water heater
Replace old flooring
Paint, plaster or redecorate
Install exhaust fans
MORE EXTENSIVE IMPROVEMENTS MAY RESULT IN INCREASED
ASSESSMENTS
The benefits you receive from these improvements far exceed
the slightly higher taxes you may pay as you increase the value of
your home.
Examples:
Structural changes resulting in a larger building area
Adding a complete bathroom
Finishing off a room in attic or basement
Enclosing and heating a porch
Complete modernization and conversion
Changing from a single family to multiple family
use (if zoning permits)
Adding a garage or breezeway
Replacing siding with masonry veneer, face brick,
aluminum or other non-wood material
Construct an in-ground swimming poor
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