Additions, insertions, deletions and changes to sections of the property maintenance code are hereby revised as follows:
Subsection [A]101.1 Title (page 1-1, Title, second line).
Insert: The village of Bloomingdale.
Subsection [A]103.1 Creation of Code Compliance Agency (page 1-2, Creation of agency).
Delete: Entire subsection.
Insert: The building and zoning department shall administer and enforce the property maintenance provisions of this code.
Subsection [A]105.1 General (page 1-2, Duties and Powers of The Code Official, General).
Add: The building commissioner shall be known as the code official.
Subsection [A]105.3 (page 1-2, 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.
Subsection [A]105.3.1 Search Warrant in Absence of Consent (page 1-2, 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 [A]105.3, the code official may seek in the circuit court of DuPage County, a search warrant pursuant to subsection [A]105.3.2 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 is sought to be made.
Subsection [A]105.3.2 Procurement of Search Warrants (page 1-2, Procurement of Search Warrants, new subsection).
Add: A search warrant sought pursuant to subsection [A]105.3.1 shall be sought in the circuit court of DuPage 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.
Subsection [A]105.5 Notices and Orders - Method of Service (page 1-2, Notices and Orders - add to subsection).
Add: 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 the notice at the usual place of abode, in the presence of someone in the family of the age of 13 years or upwards, who shall be informed of the contents thereof, provided that 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 certified or registered mail addressed to the owner at the last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice, or at least one publication of such notice in a local newspaper of general circulation.
Subsection [A]113.3 Failure to Comply (page 1-7, 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 Bloomingdale, 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 Bloomingdale 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.
Section [A]113.5 Demolition or Structure Moving Permit (page 6, 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 Bloomingdale. 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 must be submitted specific to the property where demolition or structure moving is to take place. A bond in the penal sum of ten thousand dollars ($10,000.00) with sureties to be approved by the building commissioner, to indemnify, keep and save harmless the village of Bloomingdale 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. 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 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.
Section [A]107.0 (page 1-3, Means of Appeal, delete entire section and insert new section).
Delete: Entire section.
Insert: Any person shall have the right to appeal a decision of the building commissioner to the planning and zoning commission. Means of appeal shall follow requirements set forth in section 11-3-7 of the village code, Appeals.
Section [A]108.0 (pages 1-3 and 1-4, Board of Appeals, delete entire section and insert new section).
Delete: Entire section.
Insert: Any person shall have the right to appeal a decision of the building commissioner to the planning and zoning commission. Means of appeal shall follow requirements set forth in section 11-3-7 of the village code, Appeals.
Section 202.0 (pages 2-1 and 2-2, 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.
Subsection 302.1 (page 3-1, Sanitation, add fifth line).
Add: Any storage of salt on the exterior of private property for use in snow and ice control is prohibited.
Subsection 302.2.1 Drainage System Discharge (Page 3-1, 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.
Subsection 302.2.2 Roof Drainage (Page 3-1, 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.
Subsection 302.4 (page 3-1, 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 of ten (10) inches in height. Weeds or plant growth in excess of ten (10) 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 (505 ILCS 100/1). 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 (525 ILCS 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 Bloomingdale. 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.
Subsection 302.5 Rodent Harborage (page 3-1, 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.
Subsection 302.8.1 Motor Vehicles (page 3-1, Motor Vehicles, Inoperable or Unlicensed, delete existing subsection and insert new subsection).
Delete: Existing subsection.
Insert: All inoperable or unlicensed motor vehicles 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 engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven.
Subsection 302.10 Equipment Storage (page 3-2, 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 without first obtaining written approval from the building commissioner.
Subsection 302.11 (page 3-2, 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 property larger than one (1) acre in area requires a permit for removal. The building commissioner shall review permit application submittals prior to issuance. Where a permit for removal is required, a replacement plan in compliance with village code and/or site-specific development ordinance regulations shall be submitted for compliance review.
Subsection 303.1.1 Swimming Pools (page 3-2, 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.
Subsection 304.14 Insect Screens (page 3-3, Insect Screens, first line, insert in the "date" blanks).
Insert: April 1 to December 1.
Subsection 308.1 (page 3-5, 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 unless screened from view from the street.
Subsection 404.8 New Occupancy in Existing Non-Residential Space (page 4-3, 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 appropriate fire protection district 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.
Subsection [P]502.5 Public Toilet Facilities (page 5-1, Public Toilet Facilities, deletion and insertion, third line).
Delete: "International plumbing code" on third line.
Insert: "current edition of the Illinois state plumbing code" on third line.
Subsection 602.3 Heat Supply (page 6-1, Heat Supply, fifth line, insert in the "date" blanks).
Insert: September 1 to June 1.
Subsection 602.4 Occupiable Work Spaces (page 6-1, Occupiable Work Spaces, third line, insert in the "date" blanks).
Insert: September 1 to June 1.
Subsection 606.1 (page 6-3, 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 (225 ILCS 312/140), and the administrative rules (41 Ill. adm. code 1000). Elevator and conveying systems shall be maintained in compliance with the following or most current standards and guidelines:
1. Safety code for elevators and escalators (ASME A17.1-2010/CSA B44-10) 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 A17.2-2010).
3. Safety code for existing elevators and escalators (ASME A17.3-2005) 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 chairlifts (ASME A18.1-2008).
5. Standard for the qualifications of elevator inspectors (ASME QEI-1-2010).
6. Automated people mover standard (ASCE 21-05), part 1, 2005/2006.
7. Automated people mover standards (ANSI/ASCE/T&DI 21.2-08), parts 2, 3 and 4, 2008. (Ord. 2016-13, 3-14-2016; amd. Ord. 2017-42, 11-13-2017; Ord. 2020-04, 2-10-2020; Ord. 2023-02, 2-13-2023)