G68-96 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
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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
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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 :
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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 :
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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.
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"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
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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.
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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.
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.
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
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