(A) The Property Maintenance Code of the village (hereinafter referred to as the "Property Maintenance Code") shall hereafter be identical with the provisions of that publication entitled the International Property Maintenance Code, 2018 edition, and which is incorporated herein by reference as if fully set forth, except as amended.
(B) Amendments to code. Additions, insertions, deletions and changes to sections of the Property Maintenance Code are hereby revised as follows:
(1) Subsection [A] 101.1 Title (insert).
Insert: The Village of Bellwood.
(2) Subsection [A] 103.1 Department of Property Maintenance Inspection (Department of Property Maintenance Inspection, General).
Delete: Entire subsection.
Insert: The Building and Zoning Department shall administer and enforce the property maintenance ordinance.
(3) Subsection [A] 104.1 General (Duties and Powers of The Code Official, General).
Add: The Building Commissioner shall be known as the Code Official.
(4) Subsection [A] 104.3 (Right of Entry).
Delete: Entire subsection.
Insert: In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to attempt to obtain consent to enter at any reasonable time from any owner, occupant, or other person in charge of a dwelling, structure or property subject to this code for the purpose of making inspections and performing duties under this code. Such owner, occupant, or other person in charge shall be informed that entry by the Code Official is sought for the purpose of making an inspection and performing duties under this code. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.
(5) Subsection [A] 104.3.1 Search Warrant in Absence of Consent (Search Warrant In Absence Of Consent, new subsection).
Add: If the code official, after a reasonable attempt to obtain consent. does not receive consent to enter a dwelling, structure or property subject to the code as described in subsection 104.3. the Code Official may seek in the circuit court of Cook County, a search warrant pursuant to subsection 104.3.2 of this code. An owner, occupant or other person in charge of a dwelling, structure or property subject to the provisions of this code, who is presented with a search warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the search warrant sought to be made.
(6) Subsection [A] 104.3.2 Procurement of Search Warrants (Procurement of Search Warrants, new subsection).
Add: A search warrant sought pursuant to subsection 104.3.1 shall be sought in the circuit court of Cook County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
(1) Eyewitness account of violation.
(2) Citizen complaints.
(3) Tenant complaints.
(4) Plain view violations.
(5) Violations apparent from village records.
(6) Property deterioration.
(7) Age of property.
(8) Nature of alleged violation.
(9) Similar properties in the area.
(10) Documented violations on similar properties in the area.
(11) Passage of time since last inspection.
(12) Previous violations on the property.
(7) Subsection [A] 107.3 Notices and Orders - Method of Service (Notices and Orders - Method of Service. delete entire subsection and insert new subsection).
Delete: Entire subsection.
Insert: Such service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally; or by leaving a copy with the property manager, tenant, person leasing, renting or person in charge of the property or by leaving the notice at the owner’s usual place of abode, in the presence of someone in the family of the age of 18 years or upwards, who shall be informed of the contents thereof, provided in that event the person making service shall also mail a copy of the notice with postage fully prepaid, addressed to the owner at his or her usual place of abode; or by posting a copy thereof in a conspicuous place in or about the structure of the property affected by such notice and making notice by certified or registered mail addressed to the owner at his or her usual place of abode.
(8) Subsection [A] 108.8. Unsafe buildings prohibited. Insert new sub section.
(a) It shall be unlawful to maintain or permit the existence of any structure classified as unsafe, or contains unsafe equipment, or is unfit for human occupancy as defined by the Property Maintenance Code and adopted village standards.
(b) It shall be unlawful to permit the occupancy of any structure or premises that is classified as unsafe, or contains unsafe equipment, or is unfit for human occupancy as defined by the Property Maintenance Code and adopted village standards.
(c) Declared a nuisance:
1. Any property or premises declared unsafe or unfit for human occupancy shall have proper notice served to the owner in the manner described in the code.
2. Additionally, there shall be posted in a conspicuous place at the property or premise a copy of such notice. The notice to detail a time frame for compliance with the cade and the remediation of the violations expected.
3. Upon failure to comply within the time granted the Building Commissioner shall order the property to be posted and placarded.
a. Notice to state that the property is unsafe or unfit for human occupancy and is be order of the Building Commissioner condemned.
b. It shall be unlawful for anyone to occupy or permit to be occupied any property or premises that has been posted and placards affixed.
4. Abatement of the nuisance required.
a. The owner or owners of any property or premises having been served proper notice shall abate the violation or violations by the razing of the structure or parts thereof to the ground, or by rebuilding, repairing or renovating the structure to a condition that effectively eliminates the listed violations in accordance with published codes, standards or ordinances so as to eliminate the unsafe or unfit conditions enumerated.
5. Failure to correct.
a. If the owner shall fail to abate the nuisance declared as specified above within a reasonable time after service, publication or posting of notice then the village shall abate such unsafe or unfit conditions by razing the building, structure or part thereof to the ground.
6. Costs.
a. The razing may be done by employment of labor or by contract; the salvage sold and proceeds applied to the cost of razing and costs proceeding to abate.
b. In the case proceeds received as set out above are insufficient to pay costs of abatement, the owner shall be liable to the village for the balance of the costs of razing.
c. Costs to be recovered in a suit of law, and in the case the proceeds are more than the costs, the balance shall be paid to the owner or deposited into the village treasury for the use of the owner.
(9) Subsection [A] 110.3 Failure to Comply (Demolition Failure to Comply, delete entire subsection and insert new subsection).
Delete: Entire subsection.
Insert: Whenever the owner of a property fails to comply with a demolition order within the time period prescribed, the Code Official shall immediately report such failure to comply to the corporate authorities. The corporate authorities may demolish, or cause the demolition of dangerous and unsafe buildings or uncompleted and abandoned buildings within the village by applying to the circuit court for an order authorizing such action to be taken with respect to any such building if the owner or owners thereof, including the lien holders of record, after at least 15 days written notice by mail to do so, have failed to demolish it. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building including the lien holders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed is sufficient notice under this subsection. The cost of such demolition incurred by the Village of Bellwood. including court costs, attorneys' fees and other costs related to the enforcement of this subsection is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes. Within sixty (60) days after such demolition, the Village of Bellwood shall file notice of lien of such cost and expense incurred in the office of the county recorder. The notice must consist of a sworn statement setting out (1) a description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred, and (3) the date or dates when the cost and expense was incurred by the village or by the lien holder of record. Upon payment of the cost and expense by the owner or persons interested in the property after notice of lien has been filed, the lien shall be released by the village and the release may be filed of record as in the case of filing a notice of lien. Where the dangerous condition of a structure is deemed by the corporate authorities, upon recommendation of the code official to constitute an imminent and immediate danger to human life, the village may promptly raze or remove said structure or a portion thereof which has been deemed to cause such a danger in accord with applicable laws and procedures.
(10) Section [A] 110.5 Demolition or Structure Moving Permit (new section. Demolition Permit).
Add: A demolition or structure moving permit is required prior to any such work occurring on property within the Village of Bellwood. To obtain a permit, the property owner or his authorized representative shall file an application for permit on a form furnished by the village for that purpose. and shall include a signed statement indicating the exact scope of demolition or structure moving work to occur on the subject property. Prior to issuance of a permit, the person, firm or corporation engaged in the work of demolition or moving a structure shall provide copy of license to perform such work. A valid certificate of insurance in the amount of One Million Dollars ($1,000,000.00) must be submitted specific to the property where demolition or structure moving is to take place. A bond in the penal sum often thousand dollars ($10,000.00) with sureties to be approved by the Building Commissioner, to indemnify, keep and save harmless the Village of Bellwood against any loss. cost. damage. expense, judgment, or liability of any kind whatsoever the village may suffer, or which may accrue against, be charged or be recovered from said village, or any of its officials from or by reason or on account of accidents to persons or property during any such demolition or moving operations and from or by reason or on account of anything done under or by virtue of any permit granted for such demolition or moving operations. The bond in each case shall extend over the period of and cover all such demolition or moving operation. Each certificate shall list the Village of Bellwood as the certificate holder. Prior to issuance of permit, the applicant shall submit written evidence to the Building Commissioner that the property for which such permit is to be issued has been inspected and treated for vectors and vermin by a person or persons duly qualified and licensed as exterminators in vermin and pest control. The inspection and treatment for vectors and vermin shall be made and conducted within forty-five (45) days preceding the commencement of demolition or moving. Prior to issuance of permit, it is required that the village be provided a certified inspection report from an Illinois licensed asbestos inspector certifying that the property is clear of any asbestos hazards before commencing demolition or moving. A separate permit from Cook County shall be required for the removal of asbestos containing material, should inspection discover the presence of asbestos containing material. Upon satisfactory report of removal and disposal of asbestos containing material by an Illinois licensed asbestos abatement contractor, the demolition or structure moving permit shall be issued providing all other requirements for such permit have been met. Provisions shall be made by the permit applicant to control erosion and dust during the demolition or structure moving process. Safety fencing shall be required, minimum forty-eight (48) to seventy-two (72) inches in height above grade around the entire perimeter of the project area and shall be installed prior to the commencement of work. Fees for all permits are subject to the current village schedule of fees and bonds.
(11) Section [A] 111.0 (Means of Appeal, delete entire section and insert new section).
Delete: Entire section.
Insert: See Village Ordinance, Chapter 32, Code Enforcement Board of Appeals, Section 32.007 Appeal Procedure.
(12) Section 202.0 (Definitions, additions).
Add: Dangerous Landscaping. Any tree or shrub, or limb or portion thereof, which creates a risk of imminent danger or hazard to person or property in that it has broken or fallen or threatens to fall or come in contact with a building, neighboring property or overhead utility lines. Any tree or shrub, or limb or portion thereof, that blocks safe passage of or obstructs in whole or in part, streets, sidewalks, driveways, easements or bicycle paths; or in that it falls or threatens to fall and block safe passage after having become uprooted or unstable as a result of construction activity, disease, age, severe weather or any other event.
Add: Demolition and Construction Waste. Waste materials from the construction or destruction of residential, commercial or industrial structures, including concrete, gravel, sand, soil, lumber or any type of excess fill or construction spoils.
Add: Junk. Any discarded material, such as stoves, refrigerators, furniture. automobile parts, toys, miscellaneous appliances or excessive amounts of materials other than garbage, rubbish or refuse.
Add: Refuse. Any solid waste material.
(13) Section 301.4 Boarding up of vacant property. Insert the following:
(a) All boarding up of vacant buildings or structures shall be done in consultation with the Building Commissioner and shall be constructed and covered in such a manner as to be visually harmonious with the adjacent covering of the building and the character of its environs. Broken doors or windows shall be boarded up.
(b) The property owner shall correct broken door(s) and/or window(s) within 30 days.
(c) If not collected within the 30-day period, a fine of not less than $500 nor more than $2,000 shall be imposed for each offense, and shall be charged for each day the violation continues.
(d) The owner shall notify the Building Commissioner of his intentions no later than ten days prior to the actual boarding up or, in the event of an emergency need, immediately thereafter.
(e) The owner may apply to the Building Commissioner for an extension of such time period.
(f) The owner or agent is responsible to repair visually offensive defects to the building structure and surrounding buildings or fences on the property, to keep the interior and exterior premises clean and the grass and hedges trimmed and to maintain public and private walk ways adjacent to the property free of snow and debris.
(14) Section 301.5 Posting of Responsible Agent.
(a) Every residential building for rent shall be provided with placards indicating the name and address of the person responsible for maintenance and repair of the structure.
(b) In a single-family dwelling for rent such placard shall be posted near the central heating unit.
(c) In all other structures containing dwelling units for rent such placards shall be conspicuously posted in a common location with at least one such placard in the building's lobby or entryway and one in the room containing the central heating unit.
(15) Subsection 302.1 (Sanitation, add).
Add: Any storage of salt on the exterior of private property for use in snow and ice control is prohibited.
(16) Subsection 302.2.1 Drainage System Discharge (add new subsection).
Add: The drainage system sump shall discharge to grade a minimum of three (3) feet (914 mm) from the exterior wall of the building. Sump pump discharge shall not be connected to the sanitary sewer. Splash blocks shall be required at all sump pump discharge lines. Splash blocks shall be constructed of concrete or other material acceptable to the, Building Commissioner and be designed to carry water at least three (3) feet (914 mm) but not more than five (5) feet from the exterior wall of the building. It shall be mandatory to carry the water flow away from the direction of the adjacent side lot so that the water will not empty onto such property as it flows from the sump pump discharge. If an underground drainage system is used to carry sump discharge water away from the building instead of using splash blocks, there shall be an "air-gap" between the discharge pipe at the house prior to entering the sump extension. Sump pump discharge shall be dispersed so as not to saturate the ground or run off into adjacent properties. Sump pump discharge water shall not accumulate on to public walkways.
(17) Subsection 302.22 Roof Drainage (add new subsection).
Insert: Gutters shall be installed on all roofs with back edge not less than one (1) inch (25.4 mm) higher than the front (outside) edge. All gutters and downspouts shall be securely fastened to the building. Downspouts shall not be, connected to the sanitary or storm sewer. Splash blocks are required at the bottom of downspouts and shall be construction of concrete or other material acceptable to the Building Commissioner and shall be designed to carry water at least three (3) feet (914 mm) but not more than five (5) feet (1523 mm) from the exterior wall of the building. It shall be mandatory to carry the water flow away from the direction of the adjacent side lot so that the water will not empty onto such property as it flows from the downspout channel. If an underground drainage system is used to carry downspout discharge water away from the building instead of using splash blocks, there shall be an "air-gap" between the downspout discharge at the house prior to entering the downspout extension. Downspout discharge shall be dispersed so as not to saturate the ground or run off into adjacent properties. Downspout discharge water shall not accumulate on to public walkways.
(18) Section 302.3.1 Repairs (add new subsection).
(a) Any area, by reason of its state of repair, constitutes a danger to health or safety, shall be repaired or replaced. Hazards and unsanitary conditions shall be eliminated.
(19) Section 302.3.2 Accumulation of Ice and Snow (add new subsection).
(a) All accumulations of ice and snow upon buildings, structures, or any portions thereof which overhang a right-of-way shall be promptly removed.
(20) Subsection 302.4 (Weeds, delete entire subsection and insert new subsection).
Delete: Entire subsection.
Insert: All premises and exterior property shall be maintained free from weeds or plant growth in excess often (6) inches in height. Weeds or plant growth in excess often (6) inches is hereby declared to be a nuisance and violation of this ordinance. Weeds shall be defined as all grasses, annual plants and vegetation, any plant of volunteer growth which is not cultured or specifically grown for human food, any high growth of grass or plants that may conceal garbage, rubbish, refuse, junk or other unhealthy deposits or any growth which constitutes a fire hazard when dry. Noxious weeds shall be prohibited as required by the Illinois noxious weed law (ILCS Ch. 505, Act 100, § 11). These weeds are common ragweed, giant ragweed, Canada thistle, perennial sow thistle, musk thistle, marijuana and perennial members of the sorghum genus. Also prohibited are exotic weeds as required by the Illinois Exotic Weed Act (ILCS Ch. 525, Act 10). These weeds are Japanese honeysuckle, multiflora rose and purple loosestrife.
Exceptions to this subsection are as follows:
1) Trees.
2) Shrubs.
3) Cultivated gardens.
4) Natural landscaping which preserves or re-introduces native plants to the area. Areas to be "naturally landscaped" must be approved by the Village of Bellwood. A site plan is required for village staff review of the proposed or existing planting area or an existing "native" natural area with a listing of the plant species that are in or are to be in the site. This is to insure compliance with all aspects of this ordinance including verification that the planting areas within the site do not encroach into public right-of-ways, onto neighboring property or impede line-of-sight safety requirements for vehicular traffic on private or public property.
(21) Section 302.4 Lawns and Hedges (add new subsection).
(a) All premises shall be appropriately maintained. Lawns, hedges, bushes, trees and other vegetation shall be kept trimmed and prevented from becoming overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property.
(22) Subsection 302.5 Rodent Harborage (Rodent Harborage. add to end of subsection).
Add: Any storage or placement of materials on property within the village in a manner which may harbor pest infestation is hereby declared to be a nuisance and in violation of this ordinance. Any type of infestation shall immediately be abated.
(23) Subsection 302.7.1 Removal or Rehabilitation of Accessory Structures (add new subsection).
All dilapidated or collapsed accessory structures on any property shall be removed or rehabilitated within 30 days after proper notification or as may be allowed by extension from the Building Commissioner.
(24) Subsection 302.8.1 Motor Vehicles (Motor Vehicles, Inoperable or Unlicensed, (delete existing subsection and insert new subsection).
Delete: Existing subsection.
Insert: All inoperable, unlicensed motor vehicles or motor vehicles not displaying a current village sticker on public or private property, are hereby declared to be a nuisance and a violation of this ordinance. "Inoperable motor vehicle" shall mean any motor vehicle from which the windows, fenders, bumpers, doors, engine, wheels or other parts have been removed, or on which the windows, fenders, bumpers, doors, engine, wheels or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven.
(25) Subsection 302.10 Equipment Storage (Equipment Storage, add new subsection).
Add: It is hereby declared a nuisance and a violation of this ordinance for an owner of real estate within the village to store out in the open on the exterior of private property construction equipment, snow removal equipment or landscaping equipment. All yards, courts, or lots shall be kept free from unsightly materials not appropriate to the area and debris, which may cause a fire hazard or may act as a breeding place for vermin or insects, or constitute a location for rodent harborage.
(26) Subsection 302.11 (Landscaping, add new subsection).
Add: All premises and exterior property shall be maintained and be free from dead or dangerous landscaping. Removal of dead or dangerous landscaping from non-residential property and residential, a replacement plan in compliance with village code and/or site-specific development ordinance regulations shall be submitted for compliance review.
(27) Subsection 302.12 Screening of Outdoor Storage (add new subsection).
(a) In business and industrial zoning districts all storage, with the exception of limited display of merchandise, as approved by the Building Commissioner, shall be kept within the enclosed building or obscured from public view by a solid fence or wall not less than eight feet in height or by densely planted vegetation so designed and planted as to be 75% opaque when viewed horizontally between two and eight feet above ground level.
(b) In residential districts all outdoor storage for a continuous period exceeding 15 days in length shall be enclosed or obscured from view as required for storage in business and industrial districts.
1. Maximum fence height is six feet.
2. Storage of functional items as children's play structures, firewood, and operable automobiles and bicycles shall be exempt from the provisions of this article.
(28) Subsection 302.13 Storage in Commercial Building Windows (add new subsection).
(a) In non-residential buildings, except for display merchandise, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened from public view by drapes, Venetian blinds, or other rendering of such window opaque to public view.
(b) All such screening of interiors shall be maintained clean and in a good state of repair.
(29) Subsection 302.14 Fences and Retaining Walls (add new subsection).
(a) All fences, retaining walls and similar structures shall be kept in good repair, or be removed or replaced.
1. Fences shall be considered requiring maintenance when they lean beyond 15 degrees from plumbing.
(b) All fences shall be periodically treated with chemicals or paint so as to retard deterioration, unless such deterioration is superficial deterioration designed to enhance appearance.
(30) Subsection 303.1.1 Swimming Pools (Swimming Pools, add subsection).
Add: Swimming pools are to be regulated by the current village ordinance governing the maintenance, use and equipment of private swimming pools, spas, hot tubs and portable or temporary pools in residential zoning districts where it is more stringent than. this code. All other installations shall be regulated by this code and other applicable codes and ordinances.
(31) Subsection 304.14 Insect Screens (page 13, Insect Screens first line, insert in the "date" blanks).
Insert: January 1 to December 31.
(32) Subsection 304.20 Non-operative Signs (add new subsection).
(a) All non-operative or broken electrical signs shall be repaired or, with their supporting members, be immediately removed.
(33) Subsection 304.21 General Maintenance of Exterior Premises (add new subsection).
(a) The owner or operator shall keep the exterior of all premises and every structure thereon including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, store fronts, signs, windows, doors, awnings and marquees in good repair.
(b) All surfaces thereof shall be kept painted or protected with other approved coating material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties.
(c) All obsolete signs shall be removed.
(d) All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved safely and fire hazards eliminated, and adjoining property and the neighborhood protected from blighting influences.
(34) Subsection 308.1 (15, Rubbish and Garbage, addition after third line).
Add: It is hereby declared a nuisance and a violation of this ordinance for an owner of real estate within the village to allow garbage, rubbish, junk, refuse or construction material or waste to remain outside in the open air upon that property. All garbage rubbish, junk, refuse or construction material or waste must be enclosed in containers. No container shall be stored in the front yard, including that area between the building and front yard, or stored in the corner-side or side yard of any property including that area between the building and that yard.
(35) Subsection 308.3.3 Access to Garbage Storage Areas (add new subsection).
(a) It shall be the responsibility of the owner to remove snow and ice in such a manner as to allow ready access to garbage storage areas for tenants and privates scavengers.
(36) Subsection 310 Demolition and removal of structures.
(a) Utilities. A demolition permit shall not be issued until the applicant has obtained and presented written statements from utilities or suppliers that electric, water, sanitary sewer and gas services to the building or structure have been properly disconnected and secured.
(b) At the time of demolition if the water service and sewer are located in the pavement both the water service and sewer shall be terminated within the property line in accordance with the approved engineering standard.
(c) Municipal utilities such as water, sewer and storm drainage lines shall be capped at the main lines unless special arrangements in writing have been made with the appropriate village department. Capping of the water, sewer and storm drainage lines at the mains if located in the street pavement, shall be accomplished at the time of demolition of the property.
1. Excavations occurring in the public right-of-way shall require a separate right-of-way permit to be secured.
(d) A Cook County demolition permit is required for all primary structures located on a property unless excerpted by Cook County ordinance.
(e) The application for demolition shall show all structures and accessory structures including all footings, foundations and interior slabs being removed, including but not limited to fences, paved parking surfaces, retaining walls and the like. All footing, foundation or interior slabs shall be removed as part of the demolition.
(f) Safeguarding demolition of buildings. Any person in the process of demolishing buildings shall be responsible for the proper placing of warning signs, lights, or other signals to denote all danger spots in and about the building being wrecked. He or she shall make certain the excavation remaining after completion of the demolition is filled in and leveled so as to remove all hazards. When the area is to be again used for the construction of a building, all debris and materials resulting from the demolition shall be removed and the premises left in a clean condition.
(g) Commence construction of a replacement building or structure on such property within three days after demolition; or
1. Fill and grade the property to the extent that no hazard or attractive nuisance exists;
remove all debris, construction materials and brush from the property; install a chain link fence on the perimeter of the perimeter of the former building site of the building or structure; and commence construction of a replacement building or structure within 30 days after demolition has been completed; or
2. Fill and grade the property to an extent consistent with the grade of the property prior to demolition and pre-existing drainage patterns, as approved by the Village Engineer; install and maintain a chain-link fence no less than 48 inches in height on the perimeter of the property; and sow the property with grass seed or other groundcover/landscaping so as to prevent erosion of the soil within 30 days after demolition has been completed.
3. Owner of record shall be responsible to maintain the property in accordance with village property standards for grass, dumping, and the like.
4. Failure to maintain property as required can result in legal action by the village and/or the village performing the required maintenance at the expense of the owner of record.
(h) Dust and airborne particle control shall be accomplished by the watering down of the structure being demolished and the site thereof during demolition and removal of debris, weather permitting, to that extent necessary to reasonably control dust and other air borne particles. Such dust and air borne particle control shall be accomplished by the use of one and one-half inches hose connected to a hydrant water meter.
1. Hydrant meters are available from the Water Department at a cost to be set by the Water Department.
(i) The contractor shall contact the Building Department to schedule an inspection during demolition to ensure proper dust and airborne particle control is being performed.
(37) Subsection 404.8 New Occupancy in Existing Non-Residential Space (New Occupancy In Existing Non-Residential Space, new subsection).
Add: No property, premises. building or tenant space within a non-residential building shall be occupied or reoccupied without first having been inspected by the Village Building and Zoning Department and the Fire Department to insure compliance with public health, safety and any other applicable village ordinance requirements. This verification of compliance is to be initiated through building permit application for an occupancy inspection.
(38) Subsection [P] 502.5 Public Toilet Facilities (Public Toilet Facilities, deletion and insertion, third line).
Delete.: "International plumbing code" on third line.
Insert: "current edition of the Illinois State Plumbing Code".
(39) Subsection 602.3 Heat Supply (Heat Supply, insert).
Insert: September 1 to June 1.
(40) Subsection 602.3 Exceptions: (delete all exceptions and insert following new section).
Insert: 602.3.1 Minimum Daily Temperature. The minimum daily temperatures between September 1 and June 1 shall be as follows below.
(1) Seventy-two degrees Fahrenheit from 6:30 a.m. to 10:30 p.m.
(2) Sixty-five degrees Fahrenheit from 10:30 p.m. to 6:30 a.m.
(3) Such temperatures shall be consistent throughout each unit.
Insert: 602.3.2 Owners responsibility.
It shall be the duty of the owner or persons in charge of any premises used as a rental property. where there is a central heating plant controlled by the owner or such persons in charge, to maintain and provide heat during the periods identified in 602.3 .1.
(41) Subsection 602.4 Occupiable Work Spaces (Occupiable Work Spaces, third line insert in the "date" blanks).
Insert: September 1 to June 1.
(42) Subsection 606.1 (Elevators, Escalators and Dumbwaiters, add to end of subsection).
Add: Elevators and conveying systems shall be maintained in conformance with state of Illinois section 140 of the Elevator Safety and Regulations Act (ILCS Ch. 225, Act 312, § 140) and the administrative rules (41 Ill. Adm. Code 1000). Elevator and conveying systems shall be maintained in compliance with the following standards and guidelines:
1. Safety code for elevators and escalators (ASME A 17.1-20 1 0/CSA B44-1 0) and performance-based safety code for elevators and escalators (ASME A17.7-2007/CSA B44.7-07).
2. Guide for inspection of elevators, escalators and moving walks (ASME A 17.2-2010).
3. Safety code for existing elevators and escalators (ASME A 17.3-2005) upgrades required by section 35(h) of the Elevator Safety Act shall be completed in the time frame specified therein.
4. Safety standard for platform lifts and stairway chair-lifts (ASME A 18 1-2008).
5. Standard for the qualifications of elevator inspectors (ASME QELT-2010).
6. Automated people mover standard (ASCE 21-05), part I, 2005/2006.
7. Automated people mover standards (ANSHASCETT&D121.2-08), parts 2. 3 and 4. 2008.
(C) Compliance required; application of provisions.
(1) Compliance required. It shall be unlawful to design, construct. alter, enlarge, repair, demolish, remove, use or maintain any building or structure in the village in violation of the terms and provisions of this chapter or any other applicable village ordinance.
(2) Application to existing permits. This chapter shall not be construed to extend to or affect any construction activity for which a permit was issued or application for permit filed prior to the effective date hereof, except for fees not yet due or payable, unless the Building Commissioner determines that any provision of this chapter or the regulations incorporated herein by reference should be applied for reasons of public health and safety.
(D) Nuisance abatement provisions.
(1) Notice of violation; failure to comply, abatement by village. Any owner and/or occupant of real estate located within the village upon which a nuisance or violation as indicated by this chapter exists shall be sent or served a notice stating the specific violation. If the violation has not been corrected within seven (7) days after receiving the notice, a citation will be issued by the village for each offense, and a separate offense shall be deemed to have been committed on each day which a violation continues to occur. The penalty for each offense will be as indicated in this chapter. A court order will then be sought to allow the village, or a duly authorized contractor, to enter upon the property to abate the nuisance. The village will also seek reimbursement for abatement of the nuisance by court order.
(2) Costs a lien.
(a) Any costs incurred by the village or a duly authorized contractor in abating a nuisance, violation or any other charge imposed by the village under this chapter shall be a lien upon the real estate in question as authorized under the Illinois Municipal Code and shall be superior to all other liens and encumbrances except tax liens; provided, that within sixty (60) days after such cost and expense is incurred, the village, or a contractor performing such services as authorized by the village, in his or in its own name, files notice of lien in the office of the county recorder. The notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof; b) the amount of money representing the cost and expense incurred or payable for the service; and c) the date or dates when such cost and expense was incurred by the village. The lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the weed cutting or property maintenance actions by the village and prior to the filing of the notice of lien. The lien shall not be valid as to any mortgagee. judgment creditor or other lien or whose right in and to such real estate arises prior to the filing of the notice.
(b) Upon payment of the cost and expense by the owner or other persons interested in such property after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed, and the release may be filed of record as in the case of filing notice of lien.
(E) Penalty. Any person, firm or corporation violating the terms and provisions of this chapter shall be liable for a penalty in the amount of 100% of any unpaid fee and, in addition, shall be punishable as provided in this code for each day of violation.
(Ord. 20-08, passed 3-18-20; Am. Ord. 20-12, passed 8-19-20)