9-1-9: INCREASE IN DWELLING UNITS:

   A.   For any structure of more than two (2) residential units which is increased to handle more dwelling units, the existing portion of the structure shall conform with all building codes for new construction, except as provided in subsection B of this section.

   B.   Should an owner, builder, developer or tenant be unable to comply with this section, he shall be allowed to appear before the village board of trustees, at any of its regularly scheduled meetings, to show cause why he is unable to conform to this section. The application for a variation shall be in writing stating the reason the owner is unable to comply. Reasons for inability to comply shall include hardship, major structural problems, cosmetic or appearance reasons, including the requirement to use brick on the old structure because it is required to be used on the new structure, and for any other good cause shown. The village board, by a majority, may waive the requirements of this section. Their decision shall be final.

   C.   In all other respects, the building codes of the village shall be complied with.

   D.   The chief building inspector shall have the final determination as to conformity with this section. (1976 Code § 151.011)

9-1-10: HOURS CONSTRUCTION WORK AUTHORIZED:

It is forbidden to permit performance of construction work prior to the hour of seven o'clock (7:00) A.M. or to permit the performance of construction work after the hour of seven o'clock (7:00) P.M., Monday through Saturday. It shall be further a nuisance to permit the performance of construction work prior to the hour of nine o'clock (9:00) A.M. or to permit the performance of construction work after the hour of six o'clock (6:00) P.M. on Sundays or holidays. (1976 Code § 151.012)

9-1-11: FENCE RESTRICTIONS 1 :

   A.   Definition: A "fence" is defined as a structure forming a barrier at grade between lots, between a lot and a street or an alley, or between portions of a lot or lots, such structure being independent of any other.

   B.   Barbed Wire And Electric Fences: No owner, lessee or person in possession of any lot or parcel of real estate within the village shall erect, maintain, or permit to be erected or maintained, along the line of or in or upon any such lot or parcel, a fence equipped with or having barbed wire spikes, or any similar device, or any electric charge sufficient to cause shock within six feet (6') of the ground level. (1976 Code § 96.020)

 

Notes

1	1. See also section 10-6-2 of this code.

9-1-12: CONSTRUCTION INSPECTIONS; FEES:

(Rep. by Ord. 03-09-37, 9-8-2003)

9-1-13: CERTIFICATES OF OCCUPANCY:

   A.   Tax Liability For Real Property Improvements: It is required as a condition to the issuance of a certificate of occupancy that an unexecuted certificate of occupancy be filed with the assessor of Lake County, and that the owner of such property obtain from the assessor, in the form prescribed by such official, a receipt showing that the unexecuted certificate of occupancy has been filed and that the property is subject to increased assessment, from the date of issue of the certificate on a proportionate basis for the year in which the improvement was completed. The owner of the property shall file such receipt with the village clerk and a certified copy of the certificate of occupancy, when issued, shall be filed with the assessor by the village clerk. (1976 Code § 157.002)

   B.   Definition: "Certificate of occupancy" means the certificate or permit, by whatever name denominated which the village, under its authority to regulate the construction of buildings, issues as evidence that all applicable requirements have been complied with and requires before any new, reconstructed or remodeled building may be lawfully occupied. (1976 Code § 157.003)

9-1-14: CONDOMINIUMS:

   A.   In the event that any portion of a property shall be developed under the state statutes relating to condominiums, the condominium covenants, conditions and restrictions shall be approved by the village attorney. Such documents shall include a provision whereby the village shall have the right, but not the obligation, to enforce covenants or obligations of the association or the owners of the units as defined and provided within the declaration of condominium, and further shall have the right, upon thirty (30) days' prior written notice specifying the nature of a default, to enter upon common open spaces and cure such default, or cause the same to be cured at the cost and expense of the association or the owner or owners thereof. The village shall also have the right to charge or place a lien upon the property of the condominium association for the repayment of such costs and expenses, including reasonable attorney fees, in enforcing such obligations. The declaration shall further provide that this provision may not be amended without the approval of the village. Prior to the examination of the condominium covenants, conditions, and restrictions by the village attorney, the applicant shall deposit with the village clerk a sum sufficient to cover the costs of that examination and preparation of any additions, deletions or the like to the covenants, conditions and restrictions.

   B.   Any condominium constructed or converted shall be subject to all of the building codes and laws of the state and the village. (1976 Code § 157.005)

9-1-15: FILL REQUIREMENTS:

   A.   Clean Fill Allowed: The only fill that may be used to raise a parcel of land is concrete, sand, gravel, dirt and virgin clay. (1976 Code § 157.016)

   B.   Industrial Waste Fill Prohibited: No industrial byproduct or waste shall be used as fill within the corporate limits of the village. (1976 Code § 157.015)