G39-11 AN ORDINANCE Ordinance No. G39-I l
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AMENDING TITLE 1 ENTITLED "GENERAL PROVISIONS"
AND TITLE 16 ENTITLED "BUILDING AND CONSTRUCTION' OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform
any function pertaining to its government affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare, and the power to
abate public nuisances; and
WHEREAS, ordinances providing for the abatement of nuisances caused by vacant
properties, requiring the registration, inspection, maintenance, repair and rehabilitation of vacant
properties, and facilitating such properties' subsequent occupancy, pertains to the government
affairs of the City of Elgin and it is in the best interests of the citizens of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
• Section 1. That Section 1.16.010 of the Elgin Municipal Code, 1976, as amended;
entitled '`RIGHT OF ENTRY FOR INSPECTION" be and is hereby further amended to read as
follows:
"Whenever necessary to make an inspection to enforce any ordinance or
resolution, or whenever there is reasonable cause to believe there exists an
ordinance or resolution violation in any building or upon any premises
within the jurisdiction of the city, any authorized official of the city may,
upon presentation of proper credentials, enter such building or premises at
all reasonable times to inspect the same or to perform any duty imposed
upon him by ordinance. In the event the owner and/or occupant refuses
entry after such request has been made, or in the event entry is not
otherwise obtained, the official is empowered to seek assistance from any
court of competent jurisdiction in obtaining such entry. For the purposes
of this section and for the purposes of any inspections relating to the
enforcement of any city ordinances or codes, an authorized official of the
city or approved inspection agencies or approved individuals to conduct
inspections, shall include, but not be limited to, any person retained by the
city pursuant to a contract to perform ordinance/code enforcement or
inspection related services."
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• Section 2. That Section 1.20.010 of the Elgin Municipal Code, 1976, as amended,
entitled "Definitions" be and is hereby further amended by amending the definition of
"OFFICER" therein to read as follows:
"OFFICER: Police officers, inspectors or agents of the fire department
and inspectors or agents of the department of code enforcement. For the
purposes of this section and for the purposes of any inspections relating to
the enforcement of any city ordinances or codes, agents or approved
inspection agencies or approved individuals to conduct inspections, shall
include, but not be limited to, any person retained-by the city pursuant to a
contract to perform ordinance/code enforcement or inspection related
services."
Section 3. That Section 1.25.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Procedures" be and is hereby further amended by amending Subparagraph B thereof
entitled "Authorization" to read as follows:
"B. Authorization: All full time, part time and auxiliary police officers
and other specifically appointed individuals including, but not limited to,
the city's code official (community development group director) and his or
her designees, including, but not limited to, code enforcement officers and
building inspectors, shall have the authority to issue violation notices. For
the purposes of this section and for the purposes of any inspections
• relating to the enforcement of any city ordinances or codes, authorized
designees of the city's code official or approved inspection agencies or
approved individuals to conduct inspections, shall also include, but not be
limited to, any person retained by the city pursuant to a contract to
perform ordinance/code enforcement or inspection related services."
Section 4. That Section 16.42.030 of the Elgin Municipal Code, 1976, as amended,
entitled "DEFINITIONS" be and is hereby further amended by amending the definition of
"OWNER" therein to read as follows:
"OWNER: Any person, agent, operator, firm, or corporation having a
legal or equitable interest in a property; or recorded in the official records
of the State, county, or municipality as holding title to the property; or
otherwise having control of the property, including the guardian of the
estate of any such person, and the executor or administrator of the estate of
such person if ordered to take possession of real property by a court. For
the purposes of this Chapter, an owner shall not include a licensed realtor
or licensed real estate agent that does not have a legal or equitable interest
in a property who has listed a property for sale and/or is otherwise
managing a property on behalf of the owner thereof."
Section 5. That Section 16.42.030 of the Elgin Municipal Code, 1976, as amended,
• entitled "DEFINITIONS" be and is hereby further amended by amending the definition of
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• "UNOCCUPIED BUILDING" therein by amending Subparagraph A under such definition to
read as follows:
"A. A building at which substantially all lawful residential activity has
ceased."
Section 6. That Section 16.42.030 of the Elgin Municipal Code, 1976, as amended,
entitled "DEFINITIONS" be and is hereby further amended by amending the last paragraph of
the definition of"VACANT BUILDING" to read as follows:
"Unoccupied buildings (1) which are undergoing construction, renovation,
or rehabilitation and which are in compliance with all applicable
ordinances, codes, legislation, and regulations, and for which construction,
renovation or rehabilitation is proceeding diligently to completion; or (2)
which are unoccupied as a result of the owner who is a member of the
military and is deployed for military service."
Section 7. That Section 16.42.060 of the Elgin Municipal Code, 1976, as amended,
entitled "OBLIGATION TO REGISTER VACANT BUILDINGS AND FORECLOSED
UNOCCUPIED BUILDINGS" be and is hereby further amended by deleting Subparagraph A4i
thereof.
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 this ordinance. shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. K tain, fdayor
Presented: September 28, 2011
Passed: September 28, 2011
Vote: Yeas: 7 Nays: 0
Recorded: September 28, 2011
Published: September 30, 2011
Attest:
Kimberly De s, City Clerk
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