G78-99 Ordinance No. G78-99
AN ORDINANCE
AMENDING CHAPTER 16 . 12 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "PROPERTY MAINTENANCE CODE"
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 International Property Maintenance Code,
First Edition, 1998" 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
International Property Maintenance Code, First Edition, 1998 , "
as published by the International Code Council , Inc . , with the
additions, insertions, deletions and changes prescribed in
this ordinance; and
WHEREAS, one copy of the "The International Property
Maintenance Code, First Edition, 1998" 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 :
"Section 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
International Property Maintenance Code, First
Edition, 1998 , " as published by the International
Code Council, Inc . , be and is hereby adopted as and
shall be known as the Property Maintenance Code of
0..., 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 International 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 International Property Maintenance Code,
First Edition, 1998 is amended and revised in the
following respects :
Section 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 103 . 1, entitled "General " , shall be amended
to read as follows :
The property maintenance division of the
department of code administration and development
services is hereby created and the executive
official in charge of the department of code
administration and development services shall be
known as the code official .
Section 103 . 2 , entitled "Appointment" , shall be
amended to read follows :
The code official shall be appointed by the
city manager.
Section 103 . 6, entitled "Fees" , shall be amended to
read as follows :
The fees for activities and services performed
by the department in carrying out its
responsibilities under this property maintenance
code shall be as indicated in Chapter 16 . 48 of the
Elgin Municipal Code, 1976, as amended.
Section 106 .4 , entitled "Violation penalties" , shall
be amended to read as follows :
eft.
Penalties shall be in accordance with the
provisions set forth in Chapter 1 . 20 of the Elgin
Municipal Code, 1976, as amended.
Section 108 . 2 , entitled "Closing of vacant
structures, " shall be amended to read as follows :
If the structure is vacant and unfit for human
habitat 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 structures 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
rft such real estate .
Section 111 . 2 , entitled Membership of the board,
shall be amended to read as follows :
The board of appeals shall consist of five
members who are qualified by experience and training
to pass on matters pertaining to the property
maintenance code and two members at large who may or
may not have such experience and training. The
board shall be appointed by the mayor and city
council .
Section 111 . 2 . 1, entitled "Alternate members, " shall
be deleted in its entirety.
Section 111 . 2 . 4 , entitled "Secretary, " shall be
amended to read as follows :
The code official shall designate a qualified
person to serve as secretary to the board. The
secretary shall maintain a detailed record of all
board proceedings within the department .
Section 111 . 2 . 5, entitled "Compensation of members, "
shall be deleted in its entirety.
Section 111 . 3 , entitled Notice of meeting, shall be
amended to read as follows :
The board shall meet upon notice from the
chairman or at stated periodic meetings .
Section 111 . 4 , entitled "Open hearing, " shall be
amended to read as follows :
All hearings before the board shall be open to
the public . The appellant , the appellants
representative, the code official or his designee
and any person whose interests are affected shall be
given an opportunity to be heard. A quorum shall
consist of not less than four board members .
Section 111 . 5, entitled "Postponed hearing, " shall
be deleted in its entirety.
Section 111 . 6, entitled "Board decision, " shall be
amended to read as follows :
The board shall modify or reverse the decision
of the code official only by a concurring vote of a
majority of the board members present at the time of
such vote .
tow
Section 111 . 7, entitled "Court review, " shall be
amended to read as follows :
The appellant shall have the right to apply to
the appropriate court for a writ of certiorari to
correct errors of law. Application for review shall
be made in the manner and time required by law
following the issuance of the board' s written
decision.
Section 202 , entitled "General Definitions, " shall
be amended so that the definition of the term
"Dwelling Unit, " as set forth within said section,
reads as follows :
Dwelling unit . One or more rooms within a
dwelling, which are designed, intended and used
exclusively for human habitation within a common
household for one family. Each dwelling unit shall
have individualized and independent entrance,
cooking, sleeping and sanitary facilities .
Section 301 . 2 , entitled "General Requirements;
Responsibility, " shall be amended to read as follows :
The owner of the premises shall maintain the
structures exterior property in compliance with
these requirements, except as otherwise provided for
in Sections 305 and 306 . No person shall occupy or
permit any other person to occupy premises which are
not in a sanitary and safe condition and which do
not comply with the requirements of this chapter.
Occupants of a dwelling unit are responsible for
keeping in a clean, sanitary and safe condition that
part of the dwelling unit or premises which they
occupy and control .
Section 302 . 2 . 1 shall be created to read as follows :
Groundcover. Exterior property not covered by
approved paving material shall be covered by natural
groundcover in sufficient quantities to reasonably
cover all otherwise exposed soil or ground, except
as otherwise provided herein. All groundcover shall
comply with the noxious weed and height provisions
of Chapter 9 . 16 and Chapter 16 . 12 of the Elgin
Municipal Code, 1976, as amended. The provisions of
this section shall not apply to the following :
A. Cultivated flowers and gardens;
B . Active construction sites;
C. Areas maintained and utilized for
organized sporting or entertainment purposes, which
purposes require the existence of particular
surfaces other than as provided herein; provided,
however, that no such purpose shall be deemed to
constitute an exception to the provisions of Chapter
9 . 16 and Chapter 16 . 12 of the Elgin Municipal Code,
1976, as amended.
D. Areas which are physically incapable of
supporting natural groundcover.
Section 302 . 4 , entitled "Weeds, " shall be amended to
read as follows :
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 302 . 8 , entitled "Motor vehicles, " shall be
amended to as follows :
A. 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 .
B. Not more than one (1) non-licensed or
unregistered motor vehicle shall be parked, kept or
stored on any premises at any time .
C. 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, and provided that any vehicle in said
condition that is located on any premises zoned for
residential use shall be parked, kept or stored
within a wholly enclosed building at all times .
Section 303 . 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 9 (16 mesh per 25 mm) and every
swinging door shall have a self-closing device in
good working condition.
Exception: Screen doors shall not be required
where other approved means, such as air curtains or
insect repellant fans are employed.
Section 304 . 3 , entitled "Interior surfaces, " shall
be amended to read as follows :
All interior surfaces, including windows and
doors, shall be maintained in good, clean and
sanitary condition. Peeling paint, cracked or loose
"` plaster, decayed wood, and other defective surface
conditions shall be corrected. Floors located in
kitchens, bathrooms and toilet rooms shall be
installed and maintained with materials rendering
floft the floors impervious to water.
Section 401 . 2 , entitled "Light, Ventilation and
Occupancy Limitations; Responsibility, " shall be
amended to read as follows :
The owner of the structure shall provide and
maintain light, ventilation and space conditions in
compliance with these requirements . A person shall
not occupy any premises or permit another person to
occupy any premises that do not comply with the
requirements of this chapter.
Section 403 . 5 , entitled "Clothes dryer exhaust, "
shall be amended to read as follows :
Clothes dryer venting systems shall be
independent of all other systems and shall be vented
to the exterior of the dwelling unit in accordance
with the manufacturers instructions unless the
manufacturers instructions expressly authorize
interior venting . The owner or occupant of the
dwelling unit shall have the burden of demonstrating
the clothes dryer venting system conforms with the
manufacturers instructions .
Section 404 . 4 . 2 , entitled "Access from sleeping
rooms, " shall be amended to read as follows :
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 501 . 2 , entitled "Plumbing Facilities and
Fixtures Requirements; Responsibility, " shall be
amended to read as follows :
The owner of the structure shall provide and
maintain such plumbing facilities and plumbing
fixtures in compliance with these requirements . A
person shall not occupy any premises or permit
another person to occupy any premises that do not
comply with the requirements of this chapter.
Section 507 . 1 , entitled "Storm drainage, " shall be
amended to read as follows :
eft. Drainage of roofs and paved areas, yards and
courts, and other open areas on the premises shall
not be discharged in a manner that creates a public
nuisance . Notwithstanding anything to the contrary
provided in this code, sump pump drainage shall not
be discharged onto or across any adjacent building,
premises or public street or sidewalk.
Section 601 . 2 , entitled "Mechanical and Electrical
Requirements ; Responsibility" shall be amended to
read as follows :
The owner of the structure shall provide and
maintain mechanical and electrical facilities and
equipment in compliance with these requirements . A
person shall not occupy any premises or permit
another person to occupy any premises that do not
comply with the requirements of this chapter.
Section 602 . 2 , entitled "Residential Occupancies, "
shall be amended to read as follows :
Dwellings shall be provided with heating
facilities capable of maintaining a room temperature
of 65°F . (18°C . ) in all habitable rooms,
bathrooms and toilet rooms based on the winter
outdoor design temperature for the locality
indicated in "Appendix D" of the 1997 ICC
International Plumbing Code -- with 1998 Supplement
(IPC--97) .
Section 602 . 3 , 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 a temperature of not less than 65°F.
(18°C . ) in all habitable rooms, bathrooms, and
toilet rooms .
Exception: When the outdoor temperature is
below the winter outdoor design temperature for the
city, maintenance of the minimum room temperature
shall not be required provided that the heating
system is operating at its full design capacity.
The winter outdoor design temperature for the
locality shall be as indicated in "Appendix D" of
the 1997 International Plumbing Code--with the 1998
Supplement (IPC -- 97) .
r Section 602 . 4 entitled Occupiable work spaces, shall
be amended to read as follows :
elms. Indoor occupiable work spaces shall be supplied
with heat during the period from October 1 to May 31
to maintain a temperature of not less than 65°F.
(18°C. ) during the period the spaces are occupied.
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 701 . 2 , entitled "Fire Safety Requirements ;
Responsibility, " shall be amended to read as follows :
The owner of the premises shall provide and
maintain such fire safety facilities and equipment
in compliance with these requirements . A person
shall not occupy any premises or permit another
person to occupy any premises that do not comply
with the requirements of this chapter.
Section 702 . 12 , entitled Emergency escape, shall be
elk amended to read as follows :
Every sleeping room located in a basement in
residential and group home occupancies shall have at
least one openable window or exterior door approved
for emergency egress or rescue; or shall have access
to not less than two approved independent exits .
Exception: Buildings equipped throughout with
an automatic fire suppression system.
Section 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.
f r "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 one
(0%. 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
F 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 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 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
eft 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 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.
C. TAMPERING
Anyone tampering or interfering with the
effectiveness of a smoke detector shall be in
violation of this code .
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.
elk Section 705 . 5 . 3 , entitled "Tampering, " shall be
deleted in its entirety.
Chapter 8 , entitled "Referenced Standards, " in the
subsection of said chapter entitled "Codes, " shall
be amended to delete the words "IPC- -97
International Plumbing Code- -with 1998 Supplement
IO2 . 3 , 201 . 3 , 505 . 1, 602 . 2 , 602 . 3 " and
replace said language with the following :
Illinois Plumbing Code, as amended (77 Illinois
Administrative Code, Chapter I , Subchapter R,
Part 890) 102 . 3 ,
201 . 3 , 505 . 1 . "
Section 3 . That the provisions of this ordinance shall
apply retroactively to all existing residential and
nonresidential structures and all existing premises .
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
eft
eik Section 5 . That this ordinance shall be in full force
and effect from and after January 1 , 2000 , provided further,
this ordinance shall also to the fullest extent permitted by
law apply retroactively to existing structures and existing
premises .
Ed Schock, Mayor
Presented: December 15, 1999
Passed: December 15 , 1999
Omnibus Vote : Yeas 7 Nays 0
Recorded: December 16, 1999
Published:
Attest :
t U
/N7.1. 1,---
Dolonna Mecum, City Clerk
r