G46-97 rek Ordinance No . G46-97
AN ORDINANCE
AMENDING CHAPTER 16 . 12 ENTITLED "PROPERTY MAINTENANCE CODE"
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
WHEREAS, the City of Elgin has adopted by reference, pur-
suant to the provisions of Article 1, Division 3 of the
Illinois Municipal Code ( 65 ILCS 5/1-3-1 et seq. ) , The BOCA
National Property Maintenance Code, Fifth Edition, 1996 , a
published compilation of rules and regulations prepared by a
nationally recognized technical trade or service association;
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 that vacant, boarded structures negatively impact
the city, creating an atmosphere of decay, declining property
values and visual blight; and
WHEREAS, the City Council of the City of Elgin has
determined regulations governing the boarding of vacant
structures can minimize the negative affects boarded buildings
have upon the city by mandating various aesthetic controls; and
WHEREAS, the City Council of the City of Elgin has
determined it is necessary and desirable to amend the The BOCA
National Property Maintenance Code, Fifth Edition, 1996, as
published by the Building Officials and Code Administrators
International , Inc . , with the changes prescribed in this
ordinance.
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 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-108 . 2 , entitled Closing of vacant
structures , shall be amended to read as follows :
If the structure is vacant and unfit for human
habitation and occupancy, and is not in danger of
structural collapse, the code official is authorized
to post a placard of condemnation on the premises and
order the structure closed up so as not to be an
attractive nuisance. Any enclosure order shall
require the structure ' s window and door openings to
be enclosed with wood painted in the same color as
the window or door frame surrounding the opening and
shall also require such wood to be positioned and
secured flush with the interior border of the window
or door frame surrounding the opening. Upon failure
of the owner to close up the premises within the time
specified in the order, the code official shall cause
the premises to be closed through any available
public agency or by contract or arrangement by
private persons and the cost thereof shall be charged
against the real estate upon which the structure is
located and shall be a lien upon such real estate.
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
e"" hereby repealed.
Section 3 . That nothing in this ordinance 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 by this ordinance; nor shall
any just or legal right or remedy of any character be lost,
impaired or affected by this ordinance.
Section 4 . That this ordinance shall be in full force and
effect immediately after its passage in the manner provided by
law.
Kevin Kelly, May•# '
Presented: October 8, 1997
Passed: October 8, 1997
Omnibus Vote: Yeas 6 Nays 0
Recorded: October 9, 1997
Published:
Attest:
few
M4t.„,..er
Dolonna Mecum, City Clerk