G79-06 Attest:
Dolonna Mecum, City Clerk
F:\Legal Dept\ORD&RES\ORD&RES 2006\U-City Council Meeting-November 8\O-Cert of Appropriateness-RGK-10-06-G79-06.doc
Ordinance No. G79-06
AN ORDINANCE
AMENDING CHAPTER 20.08 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "CERTIFICATE OF APPROPRIATENESS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
Section 1. That Chapter 20.08, of the Elgin Municipal Code, 1976, as amended, entitled
"Certificate of Appropriateness," be and is hereby further amended to add Section 20.080.090,
entitled "Compliance with Certificate of Appropriateness," to read as follows:
20.08.090: COMPLIANCE WITH CERTIFICATE OF APPROPRIATENESS:
It shall be unlawful for any person, firm or corporation to fail to perform any
construction, alteration, removal, demolition or other work in accordance with the terms
and conditions of a certificate of appropriateness.
Section 2. That Chapter 20.08, of the Elgin Municipal Code, 1976, as amended, entitled
"Certificate of Appropriateness," be and is hereby further amended to add Section 20.080.100,
entitled "Penalty for Violation,"to read as follows:
20.08.100: PENALTY FOR VIOLATION:
Any person, firm or corporation violating any of the provisions of this Chapter shall be
fined as provided in Title 1, Chapter 1.20 of this Code. Each day during which a violation
of this Chapter continues or is permitted to exist shall be considered a separate and
distinct offense. The imposition of any penalty for a violation of this Chapter shall not be
construed as a waiver of the right of the City to seek other remedies available at law or
equity to enforce the provisions of this Chapter.
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ordinance be and are hereby repealed.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 upon its passage and
publication in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: November 8, 2006
Passed: November 8, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: November 9, 2006
Published: November 10, 2006
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
f
OF et,C
' City Ity of E g I t'1 Agenda Item No.
�u
October 20, 2006
TO: Mayor and Members of the City Council .
ttou,i,,;;
FROM: Olufemi Folarin, City Manager
Michael Millikan, Program Manager
SUBJECT: Amendment to Title 20 of the Elgin Municipal Code
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider an amendment to Title 20 of the Elgin Municipal Code
RECOMMENDATION
It is recommended that the City Council authorize staff to proceed with an amendment to Title
20 of the Elgin Municipal Code which will allow staff to take appropriate enforcement action
when a Certificate of Appropriateness (COA) is issued and the work is completed in a manner
that does not conform to the requirements of the approved COA.
BACKGROUND
Title 20 of the Elgin Municipal Code provides regulations for the issuance of a Certificate of
Appropriateness before any work is conducted on the exterior of buildings located within the
City's designated historic districts. This Title also provides for a process that is to be followed to
review and approve COA applications.
However, the ordinance does not provide specific language that allows enforcement action to be
taken when a COA is issued, but the repair work does not conform to the approved COA. There
have been several incidents recently where work that significantly impacts the appearance of
buildings has been completed incorrectly. Staff has been working with these property owners to
get the improper repairs corrected in a manner that conforms to the Design Guideline Manual,
but have not been able to do so in every case.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Elgin Heritage Commission will be provided with a copy of this amendment at their next
meeting.
z
�
. Title 20 Amendment
l October 20, 2006
Page 2
FINANCIAL IMPACT
r`
None
LEGAL IMPACT
\O 'i LE ne.
ALTERNATIVES
1. Approve the amendment to Title 20 as described.
2. Do not approve the amendment at this time.
Respectfully submitted for Council consideration.
MJM
Attachment
r
Title 20 Amendment
October 20, 2006
Page 3
Ordinance No. G
AN ORDINANCE
AMENDING CHAPTER 20.08 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "CERTIFICATE OF APPROPRIATENESS"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
Section 1. That Chapter 20.08, of the Elgin Municipal Code, 1976, as amended, entitled
"Certificate of Appropriateness," be and is hereby further amended to add Section 20.080.090,
entitled"Compliance with Certificate of Appropriateness,"to read as follows:
20.08.090: COMPLIANCE WITH CERTIFICATE OF APPROPRIATENESS:
It shall be unlawful for any person, firm or corporation to fail to perform any
construction, alteration, removal, demolition or other work in accordance with the terms
and conditions of a certificate of appropriateness.
Section 2. That Chapter 20.08, of the Elgin Municipal Code, 1976, as amended, entitled
"Certificate of Appropriateness," be and is hereby further amended to add Section 20.080.100,
entitled"Penalty for Violation,"to read as follows:
20.08.100: PENALTY FOR VIOLATION:
Any person, firm or corporation violating any of the provisions of this Chapter shall be
fined as provided in Title 1, Chapter 1.20 of this Code. Each day during which a violation
of this Chapter continues or is permitted to exist shall be considered a separate and
distinct offense. The imposition of any penalty for a violation of this Chapter shall not be
construed as a waiver of the right of the City to seek other remedies available at law or
equity to enforce the provisions of this Chapter.
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 upon its passage and
publication in the manner provided by law.
Ed Schock, Mayor
Title 20 Amendment
October 20, 2006
Page 4
Presented:
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
F:\Legal Dept\Ordinances\Cert of Appropriateness-RGK-10-06.doc