G54-80 Ordinance No. G54-80
AN ORDINANCE
AMENDING CHAPTER 16.12 ENTITLED "HOUSING CODE" BY ADOPTING BY
REFERENCE THE BOCA BASIC PROPERTY MAINTENANCE CODE--1978
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, 1979, 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 1978 edition of the BOCA Basic
Property Maintenance Code, as published by the Building Officials and Code
Administrators International, Incorporated, Chicago, Illinois, and as further
amended herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1. That Chapter 16.12 entitled "Building Code" of the Elgin
Municipal Code, as amended be and is hereby repealed.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, as amended, as follows:
"16.12 Property Maintenance Code
16.12.010 Adopted--Exceptions.
The regulations of the first edition of the BOCA Basic Property
Maintenance Code--1978, 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 as the property mainte-
nance 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:
e" (5) include an explanation of the owner's right to seek modifi-
cation or withdrawal of the notice by petition to the Building Official.
16.12.040 Section PM-108.2 amended--Hearing.
Section PM-108.2 "Hearing" is amended to read as follows:
Any person to whom such order is directed shall comply therewith.
He may thereafter, upon petition directed to the Building Official,
be afforded a hearing as prescribed in this code. Depending upon the
findings of the Building Official as to whether the provisions of
this code and the rules and regulations adopted pursuant thereto
have been complied with, the Building Official shall continue such
order or modify or revoke it.
16.12.050 Section PM-109.2 deleted--Penalty.
Section PM-109.2 is hereby deleted in its entirety.
16.12.060 Section PM-110.1 amended--Petition.
Section PM-110.1 "Penalty" is amended to read as follows:
Any person affected 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 Building
Official; provided that such person shall file in the office of
the Building Official a written petition requesting such hearing
and containing a statement of the grounds therefor within twenty
(20) days after the day the notice was served.
16.12.070 Hearing
The Building Official shall set a hearing within 10 days
from the filing of the appeal and shall render a decision or
interpretation within seven days which shall be final.
16.12.080 Section PM-110.2 deleted--Appeals board.
Section PM-110.2 "Appeals board" is deleted in its entirety.
16.12.090 Section 110.2.1 deleted--Membership.
Section 110.2.1 'Membership" is deleted in its entirety.
16.12.100 Section 110.2.2 deleted--Vote.
Section 110.2.2 "Vote" is deleted in its entirety.
16.12.010 Section 110.2.3 deleted--Financial interest.
Section 110.2.3 "Financial interest" is deleted in its entirety.
16.12.120 Section 110.3 deleted--Records.
Section 110.3 "Records" is deleted in its entirety.
p r
16.12.130 Section 201.0 deleted--Applied Meaning of Words and Terms.
Section 201.0 "Dwellings" and "family" are deleted in their
entirety.
16.12.140 Section PM-301.5 amended--Public Areas.
Section PM-301.5 "Public Areas" is amended to read as follows:
All sidewalks, steps, driveways, parking spaces and similar
paved areas for public use shall be kept in a proper state of
repair and free of debris. If any sidewalk or driveway or portion
thereof by virtue of its state of repair shall constitute a danger
to public health and safety, the sidewalk or driveway or portion
thereof shall be replaced.
16.12.150 Section PM-301.10 deleted--Motor Vehicles.
Section PM-301.10 'Motor Vehicles" is deleted in its entirety.
16.12.160 Section PM-301.10.1 deleted--Residential Areas.
Section PM-301.10.1 "Residential Areas" is deleted in its entirety.
16.12.170 Section PM-301.10.2 deleted--Non-residential Areas.
ork Section PM-301.10.2 'Non-residential Areas" is deleted in its
entirety.
16.12.180 Section PM-302.4.4 amended--Insect Screens.
Section PM-302.4.4 "Insect Screens" is amended to read as follows:
Every door and window or other outside opening used for ventila-
tion purposes shall be supplied with approved screening from May 1 to
October 31, and every swinging screen door shall have a self-closing
device in good working condition, except that such screens shall not
be required for areas on a floor above the fifth floor and screen doors
shall not be required on non-residential structures where the doors
are required to swing out as required in the building code.
16.12.190 Section PM-302.4.7 deleted--Guards for Basement: Windows.
Section PM-302.4.7 "Guards for Basement: Windows" is deleted in
its entirety.
16.12.200 Section PM-303.3.1 amended--Lead Based Paint.
Section PM-303.3.1 "Lead Based Paint" is amended to read as follows:
Lead-based paint with a lead content of more than five-tenths of
one per cent (0.5%) or one milligram per cubic centimeter shall not be applied to any interior or exterior surface of a dwelling, dwelling
unit or child care facility, including fences and outbuildings at
,
these locations. Existing interior and exterior painted surfaces of
dwelling units and child care facilities that contain an excess of
All
five-tenths of one per cent (0.5%) or one milligram per cubic centimeter
lead shall be removed or covered with paneling or other suitable cover-
ing approved by the code official.
16.12.210 Section PM-303.7 deleted--Exit Doors.
Section PM-303.7 "Exit Doors" is deleted in its entirety.
16.12.220 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, safely maintained and in
good 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
(620) degrees fahrenheit at six-thirty a.m. , sixty-five (650)
degrees at seven-thirty a.m. , sixty-eight (68°) degrees from eight-
thirty a.m. until ten-thirty p.m. and sixty-two (62°) degrees 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.
16.12.230 Section PM-801.9 deleted--Caretaker.
Section PM-801.9 "Caretaker" is deleted in its entirety.
16.12.240 Section PM-802.0 deleted--Extermination.
Section PM-802.0 "Extermination" is deleted in its entirety.
16.12.250 Extermination.
A. Insect and rodent harborage: Buildings shall be kept
free from insect and rodent infestation, and where insects or
rodents are found, they shall be promptly exterminated by
acceptable processes which will not be injurious to human
health. After extermination, proper precautions shall be
taken to prevent reinfestation.
B. Extermination from buildings: Every owner of a dwelling
or multi-family dwelling shall be responsible for the extermination
of insects, rodents, vermin, or other pests whenever infestations
exists in two (2) or more of the dwelling units, or in the shared
or public parts of the structure.
C. Extermination from single dwelling units: The occupant '"
of a dwelling unit in a dwelling or multi-family dwelling shall be
responsible for such extermination within the unit occupied by
him whenever his dwelling unit is the only unit in the building
that is infested.
D. Responsibility of owner: Notwithstanding the foregoing
provisions, whenever infestation of rodents is caused by failure
of the owner to maintain any dwelling or multi-family dwelling in
a rodent-proof condition, extermination of such rodents shall be
the responsibility of the owner.
16.12.260 Appendix B deleted.
Appendix B is deleted in its entirety.
16.12.270 Public Nuisance
All buildings or portions thereof which are determined to
be public nuisances shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the applicable city
ordinances.
16.12.280 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 protec-
tion of the health and safety of the people shall prevail.
16.12.290 Penalty for violation.
eft Any person, firm or corporation, who shall violate any provi-
sion of this code shall, upon conviction thereof, be subject to a
fine of not less than twenty-five dollars nor more than five hundred
dollars, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense."
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 from
and after its passage and publication in the manner provided by law.
s/ Herbert Hill
Herbert Hill , Mayor Pro Tern
Presented: August 13, 1980
Passed: August 13 , 1980
Vote: Yeas 6 Nays 0
Recorded:
Published:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk