The Property Maintenance Code adopted in section 10-8-1 of this chapter is amended as follows:
Section 101.1 is amended to read as follows:
Title. These regulations shall be known as the property maintenance code of the village of Berkeley, hereinafter referred to as "this code".
Section 103.5 is amended to read as follows:
Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established in the village annual fee schedule.
Section 106.4 is amended by adding the following:
Any person, firm, or corporation, who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
Section 107.2(5) is deleted.
Section 109.6 is amended to read as follows:
Hearing. Any person ordered to take emergency measures shall comply with such order forthwith.
Section 111 is repealed and deleted from this code.
Section 302.8.1 is added to read as follows:
Parking. It shall be unlawful for the owner of property to allow parking of a motor vehicle upon any unimproved surface. As used in this section, the term "unimproved surface" includes, but is not limited to, grass and dirt surfaces or any other surface not in compliance with the pavement design standards in the engineering standards and specifications in title 14 of the village code.
Section 302.8.2 is added to read as follows:
Vehicle Parts And Snowplows. It shall be unlawful for any person in a residence district to allow vehicle parts or accessories, whether covered or uncovered, to be located or stored on the front, side or corner side yard and that buildable area between the dwelling and those yards or upon any off-street parking facility. This prohibition shall not apply to detached snowplows located on the driveway between November 1, and April 30 of the next year.
Section 302.9 is amended by adding the following:
A. It shall be unlawful for the owner of any property to not remove or paint over any prohibited sign painted directly on an exterior wall of a building or on any structure upon that property. A prohibited sign includes, but is not limited to, any permanent display of any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, announcement or any combination thereof which is painted of a color different from the color of the exterior of the structure on which it is painted and which is visible beyond the boundaries of the property. A painted area on the side of a structure used to cover a prohibited sign which is a different color or surface material than the remaining exterior surface of that side of the structure is unlawful.
B. When the owner of the property refuses or neglects to remove from the exterior of structures upon the owner's property any permanent display of a prohibited sign in compliance with the regulations of this code, the village may take the following enforcement actions.
C. The village shall send notice by certified mail, return receipt requested, to the owner of the property if on file with the village clerk and the person in whose name the general taxes for the last proceeding year were paid or by regular mail to each business licensed by the village clerk on that property of the violation of this section and for its abatement within seven days from the postmark of said notice.
D. If the owner does not abate the violation during the notice period, the village administrator or his/her designee may proceed to abate such violation, keeping an accounting of the expenses of the abatement which shall include an administrative fee as established in the village annual fee schedule. All expenses, including interest at the rate of ten percent per year, shall be charged to and paid by such owner.
E. The expenses for abatement shall become a lien upon the property affected superior to all subsequent liens and encumbrances except tax liens, if the village files notice of lien in the office of the county recorder. The notice shall consist of a sworn statement setting out a description of the real estate, the amount of money representing the expenses incurred or payable for the service and the date or dates when such costs and expenses were incurred by the village. However, the lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the abatement and prior to the filing of such notice, and the lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of such notice.
F. Upon payment of the expenses by the owner of or persons interested in such 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 notice of lien. The lien may be enforced at any time by a proceeding to foreclose as in the case of mortgages or mechanics liens.
Section 302.10 is added to read as follows:
Landscaping.
A. Duty To Prune. Trees, bushes or other shrubbery on private property adjacent to a street right-of-way shall be pruned in such a manner that it will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks or vehicles in the street, obstruct the ability to see traffic signs, obstruct the view of any intersection or create a public safety hazard.
B. Turf Maintenance. Areas where grass turf has been established shall be maintained without bare areas of soil or ruts caused by pedestrian or vehicle use.
Section 302.11 is added to read as follows:
Trees On Commercial Properties. Trees on commercial properties are the responsibility of the property owner and shall be maintained in a healthy condition. Trees on commercial properties are subject to all zoning regulations and any applicable development agreements with the village of Berkeley. Trees on commercial properties within the village of Berkeley shall also be subject to the following:
302.11.1 Certain Dead Trees Declared A Nuisance. All species and varieties of trees that are dead or substantially dead, and all deadwood to which the bark is still attached are hereby declared to be public nuisances.
Disposition Of Trees.
(A) It shall be unlawful for any owner of any commercial lot or commercial parcel of land in the village to permit or maintain on any such lot or parcel of land, any dead or substantially dead tree or deadwood which, pursuant to this subchapter, is a public nuisance, and it shall be the duty of any such owner to remove promptly and dispose of any such dead tree or deadwood under the supervision and direction of the village arborist or his/her duly authorized representative.
(B) It shall be unlawful for any owner of any commercial lot or commercial parcel of land in the village to maintain on any such lot or parcel of land any tree that manifests an infestation of a destructive pest.
302.11.3 Right To Enter Premises And Inspect Trees.
In order to carry out the purposes of this subchapter and to implement the enforcement thereof, the village arborist, or his/her duly authorized representative, is hereby authorized and empowered to enter upon any lot or parcel of land in the village at reasonable hours for the purpose of inspecting any tree or deadwood situated thereon, and the village arborist, or his/her duly authorized representative, may remove such specimens from such tree for the purpose of laboratory or other analysis to determine whether such tree is infested, dead or substantially dead. It shall be unlawful for any person to take action to prevent the village arborist, or his/her duly authorized representative, from entering on any lot or parcel of land in the village for the purpose of such inspection, or to interfere with the village arborist, or such representative, in the performance of any of his/her duties provided for under the provisions of this subchapter.
302.11.4 Notice To Owner Of Dead, Or Substantially Dead, Tree To Comply With Ordinance; Failure To Comply.
(A) If a laboratory or other analysis of specimens removed from any tree by the village arborist, or his/her duly authorized representative, determines that such tree is a public nuisance pursuant to this subchapter, or if the village arborist determines that any dead or substantially dead tree, or deadwood, is a public nuisance as provided in this subchapter, the village arborist shall serve or cause to be served upon the person that is the owner of the lot or parcel of land on which such tree or deadwood is located, a written notice requiring such owner to comply with the provisions of this subchapter.
(B) If the person upon whom such notice is served fails, neglects or refuses to remove such tree or deadwood within thirty (30) calendar days or within any additional reasonable time as permitted in writing by the village arborist, or his/her duly authorized representative, after service of such notice, the village arborist, or his/her duly authorized representative, may proceed to remove and destroy such tree, or deadwood, and assess the cost thereof against the owner of such parcel of land, and the amount of such cost shall be paid by such owner to the village.
302.11.5 Service Of Notice. Service of the notice provided for in the preceding section shall be by personal service, if the owner of the lot or parcel of land on which dead or substantially dead tree, as aforesaid, is located is a resident of the village. If such owner cannot be found in the village, or is a nonresident of the village, written notice shall be served by certified mail, addressed to the owner at his last known address, and by posting of the violation on the premises.
Section 304.10.1 is added to read as follows:
Balconies. It shall be unlawful for the owner, lessee, and/or occupant of any premises to permit or use any exterior balcony for the placement or storage of any items except furniture made specifically for outdoor use, and decorative plants (whether real or artificial), provided any of the foregoing are not otherwise prohibited elsewhere in the ordinances, codes, or regulations of the village. Further, clothing, laundry, or textiles (except a textile designed for outdoor use as an original part of the outdoor furniture) are prohibited on any exterior balcony. Additionally, no items at any time are permitted to hang over the floor or railing of the balcony or any appurtenant structure or attachment to the balcony with the exception of holiday lights in compliance with the existing village ordinance. There shall be a rebuttable presumption that the owner of the real estate shall be liable under this provision.
Section 304.14 is amended to read as follows:
Insect Screens. Every door, window and other outside opening required for ventilation of 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 (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 repellent fans, are employed.
Section 507.2 is added as follows:
Sump Pump Discharge. The point of discharge of any new or existing sump pump shall not be less than five feet from any lot line.
Section 602.3 is amended to read as follows:
Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat to maintain a temperature of not less than 68°F (20°C) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions:
(1) When the outdoor temperature is below the winter outdoor design temperature for the locality, 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 plumbing code.
(2) Where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained.
Section 602.4 is amended to read as follows:
Occupiable Work Spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to April 1 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 persons are primarily engaged in vigorous physical activities.
(2016 Code)