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Carbondale Overview
Carbondale, IL Code of Ordinances
CITY CODE of CARBONDALE, ILLINOIS
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 AGENCIES, OFFICERS AND EMPLOYEES
TITLE 2 ALCOHOLIC LIQUOR
TITLE 3 ANIMALS
TITLE 4 BUILDING, PLUMBING, ELECTRICAL AND HOUSING REGULATIONS
TITLE 5 BUSINESS AND OCCUPATIONS
TITLE 6 CEMETERIES
TITLE 7 FINANCE, TAXATION AND BUSINESS AFFAIRS
TITLE 8 FIRE PREVENTION AND REGULATIONS
TITLE 9 TRANSPORTATION
TITLE 10 SOLID WASTE COLLECTION AND STORAGE
TITLE 11 HEALTH AND SAFETY
TITLE 12 LIBRARY
TITLE 13 NUISANCES
TITLE 14 OFFENSES AND PENALTIES
TITLE 15 PLANNING, ZONING AND SUBDIVISIONS
TITLE 16 WATER AND SEWER SYSTEM; LAKE AND RESERVOIR REGULATIONS
TITLE 17 STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY
TITLE 18 TRAFFIC REGULATIONS
TITLE 19 CABLE COMMUNICATIONS
TITLE 20 GENERAL AND MISCELLANEOUS PROVISIONS
TITLE 21 CITY BOUNDARIES
TITLE 22 HUMAN RIGHTS
APPENDIX A ANNEXATIONS
APPENDIX B BONDS
APPENDIX C MISCELLANEOUS
APPENDIX D LAND, BUILDINGS AND PROPERTY
APPENDIX E PUBLIC UTILITIES
APPENDIX F STREETS AND SIDEWALKS
APPENDIX G VACATING STREETS AND PROPERTY
APPENDIX H ZONING
APPENDIX I TAXES
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4-1-5: DEMOLITION OR REPAIR:
   A.   Action To Compel; Lien:
      1.   City Authority; Application To Circuit Court:
         a.   The corporate authorities of the City may demolish, repair or enclose or cause the demolition, repair or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the corporate limits of the City, and may remove or cause the removal of garbage, debris and other hazardous, noxious or unhealthy substances or materials from such buildings.
         b.   Application shall be made to the Jackson County 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 lienholders of record, after at least fifteen (15) days' written notice by mail have failed to put such building in a safe condition or to demolish it. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building including the lienholders 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 Section.
      2.   Board Up Building: It is not a defense to such cause of action that the building is boarded up or otherwise enclosed, although the Court may order the defendant to have such building boarded up or otherwise enclosed. (Ord. 91-20)
      3.   Lien For Costs:
         a.   The cost of such demolition, repair, enclosure or removal incurred by the City, or by a lienholder of record, including Court costs, attorney fees and other costs related to the enforcement of this Section 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; provided that, within one hundred eighty (180) days after such repair, demolition, enclosure or removal, the City, lienholder of record who incurred such cost and expense shall file a notice of lien of such cost and expense incurred in the office of the Recorder of Jackson County, Illinois. The notice shall consist of a sworn statement setting out: 1) 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 City, or the lienholder of record. Upon payment of the cost and expense by the owner of or person interested in the property after the notice of lien has been filed, the lien shall be released by the City, persons in whose name the lien has been filed, or the assignee of the lien and the release may be filed of record as in the case of mortgages or mechanics liens. An action to foreclose this lien may be commenced at any time after the date of filing the notice of lien. All liens arising pursuant to this subsection A3 shall be assignable. The assignee shall have the same power to enforce the lien as the City, except that such lien cannot be enforced pursuant to subsection A4 below. (Ord. 91-20; 1998 Code)
         b.   If the appropriate official of the City determines that any dangerous and unsafe building or uncompleted and abandoned building within its corporate limits fulfills the requirements for an action by the Municipality under the Abandoned Housing Rehabilitation Act 1 , the City may petition under that Act in a proceeding brought under this subsection.
      4.   Enforcement Of Lien:
         a.   In any case where the City has obtained a lien pursuant to subsection A1, A2 or A3 above, the City may enforce such lien pursuant to this subsection A4 in the same proceeding in which the lien is authorized.
         b.   The City, desiring to enforce a lien under this subsection A4, shall petition the Court to retain jurisdiction of foreclosure proceedings under this subsection. Notice of the petition shall be served, by certified or registered mail, on all person who were served notice under subsection A1, A2 or A3 of this Section. The Court shall conduct a hearing on the petition not less than fifteen (15) days after such notice is served. If the Court determines that the requirements of this subsection A4 have been satisfied, it shall grant the petition and retain jurisdiction over the matter until the foreclosure proceeding is completed. If the Court denies the petition, the City may enforce the lien in a separate action as provided in subsection A1, A2 or A3 of this Section.
         c.   All persons designated in 735 Illinois Compiled Statutes 5/15-1501 as necessary parties in a mortgage foreclosure action shall be joined as parties prior to issuance of an order for foreclosure. Persons designated in 735 Illinois Compiled Statutes 5/15-1501 as permissible parties may also be jointed as parties in the action.
         d.   The provisions of 735 Illinois Compiled Statutes 5/15 applicable to mortgage foreclosures shall apply to the foreclosure of a lien pursuant to this subsection A4, except to the extent that such provisions are inconsistent with this subsection. However, for purposes of foreclosures of liens pursuant to this subsection, the redemption period described in 735 Illinois Compiled Statutes 5/15-1603 subsection (b) shall end sixty (60) days after the date of entry of the order of foreclosure.
      5.   Petition To Declare Property Abandoned; Demolition:
         a.   In addition to any other remedy provided by law, the City may petition the Circuit Court to have property declared abandoned under this subsection A5 if:
            (1)   The property has been tax delinquent for two (2) or more years, or bills for water service for the property have been outstanding for two (2) or more years;
            (2)   The property is unoccupied by persons legally in possession; and
            (3)   The property contains a dangerous or unsafe building.
         b.   All persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois Land Trust having title to the property, shall be named as defendants in the petition and shall be served with process. In addition, service shall be had pursuant to 735 Illinois Compiled Statutes 5/2-206 as in other cases affecting property.
         c.   If the City proves that the conditions described in this subsection exist, and the owner of record of the property does not enter an appearance in the action, or, if title to the property is held by an Illinois Land Trust, if neither the owner of record nor the owner of the beneficial interest of such trust enters such an appearance, the Court shall declare the property abandoned.
         d.   If such determination is made, notice shall be sent by certified or registered mail to all persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois Land Trust having title to the property, stating that title to such property will be transferred to the City unless, within thirty (30) days of such notice, the owner of record enters an appearance in the action, or unless any other person having an interest in the property files with the Court a request to demolish the dangerous or unsafe building or to put the building in safe condition. If the owner of record enters an appearance in the action within the thirty (30) day period, the Court shall vacate its order declaring the property abandoned. In such case, the City may amend its complaint in order to initiate proceedings under subsection A1 of this Section.
         e.   If a request to demolish or repair the building is filed within the thirty (30) day period, the Court shall grant permission to the requesting party to demolish the building within thirty (30) days or to restore the building to safe condition within sixty (60) days after the request is granted. An extension of such period for up to sixty (60) additional days may be given for good cause. If more than one person with an interest in the property files a timely request, preference shall be given to the person with the lien or other interest of the highest priority.
         f.   If the requesting party proves to the Court that the building has been demolished or put in a safe condition within the period of time granted by the Court, the Court shall issue a quitclaim judicial deed for the property to the requesting party, conveying only the interest of the owner of record, upon proof of payment to the City of all costs incurred by the Municipality in connection with the action, including but not limited to Court costs, attorney fees, administrative costs, and the costs, if any associated with building enclosure or removal, and receiver's certificates. The interest in the property so conveyed shall be subject to all liens and encumbrances thereon. In addition, if the interest is conveyed to a person holding as certificate of purchase for the property under the Revenue Act of 1939, the conveyance shall be subject to the rights of redemption of all persons entitled to redeem under that Act, including the original owner of record.
         g.   If no person with an interest in the property files a timely request, or if the requesting party fails to demolish the building or put the building in safe condition within the time specified by the Court, the City may petition the Court to issue a judicial deed for the property to the City. A conveyance by such judicial deed shall operate to extinguish all existing ownership interests in, liens on and other interest in such property, including tax liens. (Ord. 91-20)
   B.   Demolition Liens; Foreclosure; Reacquisition Of Property: No owner of property who held title to the property when property taxes became delinquent and which taxes were still delinquent at the time of the foreclosure of a demolition lien by the City or the acceptance of a deed of conveyance in lieu of foreclosing such lien and no person, firm, association, corporation, or other entity related to or associated with any such owner shall, within ten (10) years after title vests in the City, reacquire any right, title or interest in or to such property. (Ord. 87-77)

 

Notes

1
1. 310 ILCS 50/1 et seq.
4-1-6: INJUNCTION TO REQUIRE COMPLIANCE WITH REGULATIONS:
Upon due investigation by the City which determines that any building or structure within the corporate limits fails to conform to the minimum standards of health and safety as set forth in the Housing Code, and the owner or owners of such building or structure fails, after due notice, to cause such property to conform, the City, pursuant to the provisions of 65 Illinois Compiled Statutes 5/11-31-2 of the Illinois Municipal Code may make application to the Circuit Court for an injunction requiring compliance with such ordinances or for such other order as the Court may deem necessary or appropriate to secure such compliance pursuant to 65 Illinois Compiled Statutes 5/11-31-2 of the Illinois Municipal Code. (Ord. 87-77)
4-1-7: ILLINOIS ACCESSIBILITY CODE:
   A.   The State of Illinois "Illinois Accessibility Code" promulgated by the Environmental Barriers Act 410 Illinois Compiled Statutes 25/1 et seq., which specifications are set forth in booklet form is hereby adopted by reference by the City.
      1.   Apartment and/or Dormitory Buildings not Located within a Complex.
Newly erected apartment or dormitory buildings or any buildings remodeled 50% or more for the purpose of an apartment or dormitory or any building converted to an apartment or dormitory shall provide and design a minimum of one (1) dwelling unit out of each eight (8) dwelling units so as to allow such units to be fully accessible for the person confined to a wheelchair. Such units shall contain a minimum of one bedroom.
      2.   Apartment and/or Dormitory Buildings Located within a Complex.
Newly erected apartment or dormitory buildings or any building remodeled 50% or more for the purpose of an apartment or dormitory or any building converted to an apartment or dormitory building shall provide and design a minimum of one dwelling unit out of each ten (10) dwelling units so as to allow such units to be fully accessible for the person confined to a wheelchair. The proportion of apartment or dormitory units for the physically handicapped which are studio, one, two (2), three (3) and four (4) bedroom units shall be the same as the proportion of said units in the total complex. In the event that the number of apartment or dormitory units allocated for the physically handicapped is not sufficient to cover the quality and size range offered in the complex-at-large, the units for the physically handicapped shall reflect the quality, size and cost of the type of apartment or dormitory unit which is predominant in the complex. (Ord. 80-03; 1998 Code)
   B.   Enforcement And Penalty:
      1.   Any required site plan approval or building permit shall not be granted unless all applicable provision of this Chapter are provided for by the applicant or owner requesting same.
      2.   Any required occupancy permit for the use of a structure or other uses of this ordinance shall not be issued until the applicable provisions of this Chapter are complied with. (Ord. 82-30 § 7)
      3.   Any person who violates any provision of this Chapter shall be subject, upon conviction, to a fine of not less than twenty five dollars ($25.00) nor more than seven hundred fifty dollars ($750.00) for such offense. Each day a violation exists constitutes a separate offense. (Ord. 82-30 § 7; Ord. 97-166)
4-1-8: THERMAL INSULATION STANDARDS REQUIRED:
   A.   Intent:
      1.   The requirements of this Code shall regulate the design of residential envelopes which will provide optimal thermal resistance and minimal air infiltration for the effective utilization of energy regardless of the source of that energy (See definition of "residential buildings").
      2.   Alternate materials - method of construction, design or insulating systems: the provisions of this Code are not intended to prevent the use of any material, method of construction, design, or insulating system not specifically prescribed herein, provided that such construction, design, or insulating systems meet the intent of the Code. Nor is this Code intended to abridge any safety or health requirements.
      3.   Determination of the design thermal properties of building components, including insulating materials, shall be based upon the values assigned to the materials in the most recent publication of the Handbook of Fundamentals by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE).
      4.   This Code sets forth criteria for:
         a.   New residential buildings (type A-1).
         b.   Additions to existing residential buildings (type A-1).
   B.   Exempt Buildings: Buildings that are neither heated or cooled.
   C.   Application To Existing Buildings:
      1.   Habitable room additions to existing residential buildings may be made without making the entire building or structure comply. The new work shall conform to the applicable provisions of this Code.
      2.   Any change in the use of a building that was constructed under this Code shall not be permitted unless such building or structure is in compliance with the applicable requirements of this Code as determined by the new use.
   D.   Definitions:
   BUILDING ENVELOPE: The elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior.
   BUILDING OFFICIAL: The official authorized to act in behalf of the responsible government agency for the enforcement of this Code.
   CONDITIONED FLOOR AREA: The horizontal projection of that portion of interior space which is contained within exterior walls and which is conditioned directly or indirectly by an energy-using system.
   ENERGY: The capacity for doing work; taking a number of forms which may be transformed from one into another such as thermal (heat), mechanical (work), electrical, and chemical; in U.S. customary units, measured in kilowatt-hours (kwh) or British thermal units (Btu).
   ENERGY, NEW: See definition of New Energy.
   ENERGY, RECOVERED: See definition of Recovered Energy.
   EXTERIOR ENVELOPE: See definition of Building Envelope.
   FUEL: A substance which may be used to give heat or generate electricity.
   GRADE: The average of the finished ground level at the center of the walls of a building. In case building walls are parallel to and within five feet (5') of a sidewalk(s), the grade shall be the average finished elevation of such sidewalk(s) between side lot lines.
   GROSS FLOOR AREA: The sum of areas of the several floors of the building, including basements, cellars, mezzanine and intermediate floored tiers and penthouse of headroom height, measured from the exterior faces of exterior walls or from the centerline of walls separating buildings.
   GROSS WALL AREA: The vertical projection of the exterior wall area bounding interior space which is conditioned by an energy-using system; includes opaque wall, window and door areas. The gross area of exterior walls consists of all opaque wall areas, including foundation walls above grade, between floor spandrels, peripheral edges of floors, and window areas including sash, and door areas, where such surfaces are exposed to outdoor air and enclose a heated or mechanically cooled space including interstitial areas between two (2) such spaces.
   HVAC: Heating, ventilating and air conditioning.
   HABITABLE ROOM ADDITION: Any room or enclosed floor space used or intended to be used for living purposes by human occupants including but not limited to bathrooms, furnace rooms, laundry rooms and enclosed communicating corridors.
   HEAT: The form of energy that is transferred by virtue of a temperature difference.
   HEATED SPACE: Space, within a building, which is provided with a positive heat supply system.
   HISTORIC BUILDINGS: Buildings which have been specifically designated as historically significant by the State or local governing body, or listed in The National Register of Historic Places, or which have been determined to be eligible for listing.
   INFILTRATION: The uncontrolled inward air leakage through cracks and interstices in any building element and around windows and doors of a building, caused by the pressure effects of wind and/or the effect of differences in the indoor and outdoor air density.
   MOBILE HOME: Any vehicle or similar portable structure used or so constructed as to permit its being conveyed upon the public streets or highways and designed to permit the occupancy thereof as a dwelling unit for one or more persons, provided that any structure in whole on a permanent foundation, with wheels, tongue and hitch permanently removed, shall not be construed as a mobile home.
   NEW ENERGY: Energy, other than recovered energy, utilized for the purpose of heating or cooling.
   NONDEPLETABLE ENERGY SOURCES: Sources of energy (excluding minerals) derived from incoming solar radiation including photosynthetic processes; from phenomena resulting therefrom including wind, waves and tides, lake or pond thermal differences; and energy derived from the internal heat of the earth, including nocturnal thermal exchanges.
   OPAQUE AREAS: All exposed areas of a building envelope which enclose conditioned space, except openings for windows, skylights, doors and building service systems.
      R:          The thermal resistance of a   -
      material, or a building   (R-1).
      envelope section.   u
   RECOVERED ENERGY: Energy utilized which would otherwise be wasted from an energy system.
   REHEAT: The application of sensible heat to supply air that has been previously cooled below the temperature of the conditioned space by either mechanical refrigeration or the introduction of outdoor air to provide cooling.
   RESET: Adjustment of the set point of a control instrument to a higher or lower value automatically or manually to conserve energy.
   RESIDENTIAL BUILDING TYPE A-1: All dwelling units including multi-family buildings not exceeding thirty five feet (35') in height. Mobile Homes are excluded from this definition.
   ROOF ASSEMBLY: A. A roof assembly shall be considered as all components of the roof/ceiling envelope through which heat flows, thereby creating a building transmission heat loss or gain, where such assembly is exposed to outdoor air and encloses a heated or mechanically cooled space.
   B.   A gross area of a roof assembly consists of the total interior surface of such assembly, including skylights exposed to the heated or mechanically cooled space.
   C.   When return air ceiling plenums are employed, the roof/ceiling assembly shall:
      1.   For thermal transmittance purposes, not include the ceiling proper nor the plenum space as part of the assembly and,
      2.   For gross area purposes, be based upon the interior face of the upper plenum surface.
   SERVICE SYSTEMS: All energy-using systems in a building that are operated to provide services for the occupants or processes housed therein, including but not limited to HVAC, service water heating, illumination, transportation, cooking or food preparation, laundering or similar functions.
   SERVICE WATER HEATING: Supply of hot water for domestic or commercial purposes other than comfort heating.
   SERVICE WATER HEATING DEMAND: The maximum design rate of energy withdrawal from a service water heating system in a designated period of time (usually an hour a day).
   SOLAR ENERGY SOURCE: Source of thermal, chemical or electrical energy derived directly from conversion of incident solar radiation.
   THERMAL TRANSMITTANCE (U): Overall coefficient of heat transmission (air to air) expressed in units of Btu per hour per square foot per degree Fahrenheit. It is the time rate of heat flow. The U value applies to combinations of different materials used in series along the heat flow path, single materials that comprise a building section, cavity air spaces, and surface air films on both sides of building element (U-1/R).
   THERMAL TRANSMITTANCE (Uo): Overall (weighted average) heat transmission of a gross area of the exterior building envelope, expressed in units of Btu per hour per square foot of floor area per degree Fahrenheit.
   THERMOSTAT: An instrument which measures changes in temperature and controls equipment for maintaining a desired temperature.
   E.   Plans And Specifications: Plans and Specifications shall be submitted with each application for a building permit.
      1.   The plans and specifications shall show in sufficient detail all pertinent data and features of the building including design criteria, exterior and interior envelope component materials, R-values of the envelope elements, and R-values of the insulating materials to indicate conformance with the requirements of this Code.
      2.   Buildings designed with a value of overall thermal transmittance (Uo) equal to or smaller than one resulting from the R-value requirements presented herein shall be considered to meet the Code requirements.
   F.   Building Classification For Purpose Of This Code: Same as residential definition (Type A-1). All dwelling units including multi-family buildings not exceeding thirty five feet (35') in height.
   G.   Building Design By Acceptable Practice For Residential Buildings (Type A-1): Requirements contained in this Section are applicable to only Type A-1 buildings. Such buildings, when constructed in accordance with this Section, are deemed to comply with this Code.
      1.   Opaque Exterior Wall Assemblies: Opaque exterior wall assemblies shall have a combined minimum R-value of nineteen (19), except when the overall heat transmission of the gross area of the exterior building envelope is designed and constructed such that the overall transmittance (U9) is equal to or small than one resulting from the other prescriptive R-value requirements of this Code. (See subsection E2 of this Section)
      2.   Walls:
         a.   The exterior wall envelope may be selected from but not limited to the types illustrated in subsection J, Table No. 1 of this Section. Depending on the kind of insulation, the R-value of that insulation and the type of glazing, the maximum permissible percentage of exterior wall to be glazed shall be determined from the glazing chart in subsection J, Table No. 2 of this Section.
         b.   The exterior wall area shall be calculated using:
            (1)   The horizontal distance of the perimeter of the exterior wall separating heated from unheated spaces.
            (2)   The vertical dimension shall be the distance from the finish ceiling of the roof/ceiling assembly to:
               (A)   The finish floor over an unheated area or
               (B)   Grade if the interior space is heated below or at that level. Uninsulated foundation walls shall not be included in wall area.
      3.   Glazing Area: The glazing area shall:
         a.   Be calculated at the finish opening area.
         b.   Include all exterior doors.
         c.   Be unlimited if installed in a south facing wall provided:
            (1)   The glazing is dual or triple and
            (2)   The glazing is protected from summer sun intrusion with an opaque overhand protruding a minimum of thirty inches (30") including guttering or one-third (1/3) the overhead to sill distance, whichever is greater, or other appropriate shading is provided (south is defined as falling in a cone limited +30 degrees from true solar south).
      4.   Roof/Ceiling: The roof/ceiling assembly shall have a combined minimum value of R-30 except under the condition of subsection E2 of this Section. See typical roof/ceiling assemblies, subsection J3, Table No. 3 of this Section.
      5.   Floors Over Unheated Spaces: The floor assemblies shall be insulated with minimum R-19, except under the condition of subsection E2 of this Section.
      6.   Foundation Walls: Foundation walls in heated basements shall be insulated with a minimum of R-10 from underside of floor to two feet (2') below grade (see "grade" definition) on either the exterior or interior of the foundation wall, except under the condition of subsection E2 of this Section.
      7.   Slab On Ground Floor: Slab on ground floor shall be thermally insulated under for a distance of two feet (2') from the slab edge and down from the top of the slab to the bottom of the slab or two feet (2') from the top of the slab to a depth two feet (2') below grade along its perimeter with a proven and accepted thermal insulation having a total R-value of ten (10) or better.
      8.   Air Leakage: All openings or penetrations shall be caulked, gasketed, or weatherstripped including exterior joints around windows and door frames; openings between walls and foundations, between walls and roof/ceilings and between wall panels; openings at penetrations of utility services through walls, floors, and doors; and all other such openings.
      9.   Exterior Doors And Windows: All exterior doors and windows shall be designed to minimize air leakage into or from the building envelope.
      10.   Foundations: Foundations shall have a sill sealer between the sill plate and supporting foundation wall.
      11.   Aluminum Windows: All aluminum windows shall have a thermal break between the interior and exterior walls.
   H.   Service Water Heating For Type A-1 Buildings:
      1.   Heat Efficient Method: Hot water for domestic, sanitary and swimming pool purposes shall be generated and delivered in a manner conducive to saving heat energy.
      2.   Pipe Wrap: It is recommended that service hot water pipes be installed with a commercially available pipe wrap.
      3.   Temperature Controls:
         a.   Automatic: Service water heating systems shall be equipped with automatic temperature controls.
         b.   Shut Down: A separate switch shall be provided to permit turning off energy supplied to electric service water heating systems. A separate valve shall be provided to permit turning off the energy supplied to the main burner(s) of all other types of service water heating systems.
   I.   Building Mechanical Equipment And Control For Residential Buildings (Type A-1):
      1.   All HVAC devices, components and their elements shall conform to the requirements of this Section.
      2.   Combustion Heating Equipment: All gas and oil fired comfort heating equipment shall show a minimum combustion efficiency of seventy five percent (75%) at maximum rated output. Combustion efficiency is defined at one hundred percent (100%) minus stack losses in percent of heat input. Stack losses are:
         a.   Loss due to sensible heat in dry flue gas.
         b.   Loss due to incomplete combustion.
         c.   Loss due to sensible and latent heat in moisture formed by combustion of hydrogen in the flue.
      3.   Control:
         a.   Temperature: Each HVAC system shall be provided with at least one thermostat for the regulation of temperature. It is recommended that each thermostat be set as follows:
            (1)   Where used to control heating, a maximum temperature of seventy two degrees Fahrenheit (72°F).
            (2)   Where used to control cooling, a minimum temperature of seventy six degrees Fahrenheit (76°F).
      4.   Thermostats: At least one thermostat for regulation of space temperature shall be provided for each separate HVAC system and/or for each dwelling unit.
      5.   Duct Insulation: All ducts, plenums and enclosures not installed within the heated space by thermally insulated with a minimum of R-6 and shall have all transverse joints sealed with tape or mastic.
      6.   Dampers: It is recommended that fireplaces have operable dampers and utilize outside combustion air. (Ord. 80-118; 1998 Code)
4-1-9: MOBILE HOME TIE-DOWN REQUIREMENTS:
   A.   Definitions: Unless otherwise expressly stated, the following terms shall for the purpose of this Section, have the meanings indicated as follows:
   ANCHORING EQUIPMENT: Straps, cables, turnbuckles, and chains, including tensioning devices, which are used with ties to secure a mobile home to ground anchors.
   ANCHORING SYSTEM: A combination of ties, anchoring equipment and ground anchors that will, when properly designed and installed, resist overturning and lateral movement of the mobile home wind forces.
   DIAGONAL TIE: A tie intended to primarily resist horizontal or shear forces and which may secondarily resist vertical, uplift, and overturning forces.
   DIVISION: Building and Neighborhood Services Division.
   EXISTING MOBILE HOME: Any mobile home situated within the City of Carbondale, Illinois, prior to the passage, approval, recording, and publication of this Chapter and which is designed to be a dwelling unit and connected to the required utilities.
   FROST HEAVE: An upthrust of ground or pavement caused by freezing of moist soil.
   GROUND ANCHOR: A device designed to transfer mobile home anchoring loads to the ground.
   INDEPENDENT TESTING LABORATORY: An organization which:
      A.   Primarily is interested in testing and evaluating equipment; and
      B.   Is qualified and equipped to conduct and evaluate experimental testing in accordance with approved standards; and
      C.   Makes available a published report in which specific information is included stating that the equipment and installations have been tested and found safe for use in a specific manner; and
      D.   Is not under the jurisdiction or control of any manufacturer or supplier of any industry.
   INSTALLER: Any person, corporation, partnership, association or other entity who ties down or anchors a mobile home.
   MOBILE HOME: A structure, transportable in one or more sections, which is eight (8) body feet or more in width and is thirty two (32) body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities.
   MOBILE HOME PARK: A parcel (or contiguous parcels) of land which has been so designed and improved that it contains three (3) or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy.
   MOBILE HOME SITE: The location where the mobile home is connected to the required utilities for habitation.
   MOBILE HOME STAND: That area of a mobile home lot which has been reserved for the placement of a mobile home.
   PERSON: Any natural person, corporation, partnership, association or other entity.
   REQUIRED UTILITIES: An approved electrical, sanitary sewer/plumbing and water system.
   ROOF PROTECTOR: A device designed to prevent over-the-top straps from damaging or penetrating the roof material of the mobile home.
   TIE: A strap, cable or securing device used to connect the mobile home to ground anchors.
   TIE-DOWN EQUIPMENT: Any fixtures or equipment which are used for the purpose of securing the mobile home to the supporting foundation, to the ground, or to any other type of structure.
   VERTICAL TIE: A tie intended to primarily resist the uplifting and overturning forces. (Ord. 80-106; 1998 Code)
   B.   Compliance:
      1.   The owner of each mobile home installed and/or which may be relocated from one lot to another, after City Council approval of this Chapter shall be responsible to ensure that approved tie-down equipment is obtained and used to secure the mobile home to the surface upon which it is to rest, in accordance with the provisions of subsections B, C, D, and E of this Section within thirty (30) days after the mobile home is set up.
      2.   In the case where frozen soil or set soil prevents the installation of ground anchors, this thirty (30) day limit shall not apply. The home must, in this case, be anchored at the earliest possible date after the soil thaws or dries.
      3.   All existing mobile homes situated in Carbondale prior to City Council approval of this Chapter shall be tied down in accordance with the provisions of subsections B, C, D, and E of this Section or the alternative tie-down standards of Section 4-1-11 and Table No. 2 of this Chapter on or before September 1, 1982.
      4.   Mobile homes situated in areas annexed to the City, after City Council approval of this Chapter, shall be tied down in accordance with the provisions of subsections B, C, D, and E of this Section or the alternative tie-down standards of Section 4-1-11 and Table No. 2 of this Chapter within eighteen (18) months after such annexation receives City Council approval.
      5.   Any person desiring to engage in the business of installing mobile home tie-down equipment in Carbondale, shall first register with the Building and Neighborhood Services Division and annually, thereafter, if in the business of installing such equipment.
   C.   Tie-Down Installation Requirements:
      1.   A diagonal tie is effected by tying to the frame member farthest from the anchor of each transportable unit.
      2.   All mobile homes shall have diagonal tie-downs and vertical ties installed in accordance with Section 4-1-11, Table No. 1. Only diagonal ties are required for double-wide mobile homes in accordance with Table No. 1. Ties shall be evenly spaced as practicable along the length of the mobile home with not more than eight feet (8') open-end spacing one each end.
      3.   Vertical ties may pass over the top of the stud and rafter location near each end of the mobile home. Vertical tie downs may be installed over the skin at the mobile home site. Any vertical tie may use the same anchors as the end diagonal ties.
      4.   If steel strapping is used, it may be secured around the I-beam using an appropriate connecting device. Care should be exercised to ensure that minimum bending radius is adhered to, so that the breaking strength of the strapping is not reduced.
      5.   Ties shall not connect to steel outriggers, unless specifically stated in the manufacturer's installation instructions.
   D.   Anchors:
      1.   Anchors should be placed as evenly as practicable along the length of the home. Where a vertical tie and diagonal tie are located at the same place, both ties may be connected to a single anchor, provided that the anchor used is capable of carrying both loads.
      2.   Footers and the load carrying portion of the ground anchors shall extend below the frost line.
Note: Frost heave can have an adverse effect on the mobile home through displacement of the mobile home anchoring system. Consequently, periodic maintenance shall be performed by the owner of the mobile home through adjustment of the tie-down tension so as to ensure that tension does not build up.
   E.   Tie-Down Standards And Specifications:
      1.   Tie materials shall be capable of resisting a force of three thousand one hundred fifty (3,150) pounds with no more than two percent (2%) elongation and shall withstand at least four thousand seven hundred twenty five (4,725) pounds without failure. Failure shall be considered to have occurred when the material is stretched beyond its elastic limit, resulting in permanent deformation.
      2.   All cable ends shall be secured with at least two (2) U-bolt type clamps or other fastening device.
      3.   Anchor equipment and ties shall be weather resistant. Weather resistance shall be at least equal to that provided by a coating of zinc on steel of not less than thirty one-hundredths (0.30) ounce per square foot of surface.
      4.   Ties must terminate with a D-ring, bolt or other tensioning device that will not lower the material strength below that stated in subsection E1 hereof.
      5.   Sharp edges of the mobile home that would tend to cut the cable or strap (in over-the-top, on-site installations) when the home is buffeted by the wind, must be protected by a thimble or other device that will prevent such cutting.
      6.   Each ground anchor, when installed, shall be capable of resisting a working load at least equal to three thousand one hundred fifty (3,150) pounds in the direction of the tie plus a fifty percent (50%) overload (4,725 pounds) without failure. Failure shall be considered to have occurred when the point of connection between the tie and anchor moves more than two inches (2") at four thousand seven hundred twenty five (4,725) pounds in the direction of the vertical tie and more than four inches (4") horizontally at the point where the tie attaches to the anchor. (Ord. 80-106)
4-1-10: ALTERNATIVE TIE-DOWN STANDARDS:
Alternative tie-down standards for existing mobile homes and/or mobile homes situated in areas annexed to the City, after approval of this Chapter:
   A.   A minimum of two (2) approved over-the-top or under skin vertical ties and two (2) approved anchors per side shall be provided on all existing single mobile homes not exceeding fifty feet (50') in length.
   B.   Existing single mobile homes exceeding fifty feet (50') in length shall be provided with one additional approved over-the-top vertical tie and one additional anchor per side. (See Table No. 2 of this Section.)
   C.   All existing vertical ties and anchors shall be spaced as evenly as practicable along the length of the mobile home.
   D.   Each end of vertical ties shall be tied to an approved anchor with approved fasting devices.
   E.   All anchoring equipment shall be weather resistant.
   F.   All anchors shall be capable of withstanding the vertical tie-down load.
   G.   The footers of the anchors shall extend below the frost line.
   H.   Roof protectors shall be provided for all vertical ties.
   I.   Existing doublewide mobile homes shall not be required to comply with diagonal tie down requirements, table no. 1 of this section, providing the home is fully skirted. (Vertical ties are not required for doublewides.)
      TABLE NO. 1
      Minimum Number Of Ties Required Per Side For Mobile
      Homes Erected And/Or Relocated In The City Of Carbondale
      After Approval Of Ordinance 80-106
 
Length Of Mobile Home (Feet)
Single
Doublewides
Number Of Vertical Ties
Number Of Diagonal Ties
Number Of Diagonal Ties
    32 - 50
2
2
2
    51 - 75
2
3
3
    76 -
2
4
4
 
      TABLE NO. 2
      Minimum Number Of Ties Required Per Side For Existing Mobile
      Homes Situated In Carbondale Prior To The Approval Of Ordinance
      80-106 And Mobile Homes Situated In Areas Annexed To
      Carbondale After The Approval Of Ordinance 80-106
 
Length Of Mobile Home (Feet)
Single
Doublewides
Number Of Vertical Ties
Number Of Diagonal Ties
Number Of Diagonal Ties Required If Not Skirted
Number Of Diagonal Ties Required If Skirted
    32 - 50
2
0
2
0
    51 - 75
3
0
3
0
    76 -
3
0
4
0
 
(Ord. 80-106)
4-1-11: DEMOLITION PROCEDURES AND STANDARDS:
It is the intent of the city to provide for an orderly procedure and standards for the demolition of buildings and structures located in the city in a manner that will protect the public health, safety, and welfare. In addition to demolition provisions provided for in other sections of this code, the following requirements shall be met whenever a building or structure is demolished unless a variance is granted as provided herein.
   A.   Permit Required: No person, firm, corporation or other entity shall demolish a building or structure or portion thereof without a permit therefor in accordance with the following procedures:
      1.   Any entity seeking to demolish a building or structure shall file an application for demolition with the building and neighborhood services manager or his designee. The application shall be on forms provided by the city.
      2.   The building and neighborhood services manager or his designee shall examine the application to determine whether all the required information has been provided. If required information is incomplete or the fee required pursuant to subsection B of this section has not been paid, the application shall be returned to the applicant for correction and/or payment of the fee. An application shall be considered as "accepted" on the date the building and neighborhood services division director or designee determines that the application is complete and the fee has been paid.
      3.   If the building and neighborhood services manager or designee determines that the proposed demolition is in conformity with this section and the remainder of this code, then he shall promptly issue the demolition permit unless he determines that one or more of the provisions in subsection A4, A5, or A6 of this section apply. (Ord. 90-122)
      4.   If, upon examination of the application and records of the city, the building and neighborhood services manager or his designee determines that the building or structure proposed to be demolished has been: a) designated by the city council as being in a landmark district, in a historic district, or in a neighborhood preservation district pursuant to section 15.2.5 of this code, or b) nominated for designation as such a district and subject to the provisions of subsection 15.2.5.2D of this code, the building and neighborhood services manager or designee shall not issue the demolition permit until a certificate of appropriateness or certificate of economic hardship provided for at subsection 15.2.5.4 of this code has been issued or the city council waives the requirement pursuant to subsection 15.2.5.2D or 15.2.5.4 of this code.
      5.   If, upon examination of the application and records of the city the building and neighborhood services manager or designee determines that the building or structure has been: a) listed by the city council on an inventory of potential places to be considered for designation as a landmark district or part of a historic district, or b) nominated and under consideration to be a landmark district or part of a historic district pursuant to subsections 15.2.5.2A through C of this code, the building and neighborhood services manager or designee shall use the following procedure: (Ord. 2013-21)
         a.   The applicant shall be notified in writing of the listing and advised of the following review procedure.
         b.   The written notice shall also be given to the preservation commission through the commission's executive secretary.
         c.   The commission shall consider the demolition permit application. If the commission has no objection to the demolition, the commission chairperson shall so notify the building and neighborhood services manager or designee and a demolition permit shall be promptly issued if all other applicable city code requirements are met. In the event the commission objects or takes no action within sixty (60) days from the date the demolition application is accepted by the city, the building and neighborhood services manager or his designee shall promptly, at the end of the sixty (60) day period, issue the demolition permit if all other applicable city code requirements are met.
         d.   Provided, however, that when circumstances exist that pose an imminent threat to the health, safety or welfare of the public, the city council may authorize by motion, the demolition of property without following steps in subsections A5a, A5b, and A5c of this section. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building and neighborhood services manager. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members.
      6.   If upon examination of the application and other information available to him, the building and neighborhood services manager or designee determines that the building or structure may be historically or architecturally significant but does not meet the criteria under subsection A4 or A5 of this section, the building and neighborhood services manager shall promptly send a notice to the applicant and to the preservation commission. Unless the building and neighborhood services manager or his designee determines that circumstances exist which pose an imminent threat to the health, safety, or welfare of the public, no demolition permit shall be issued prior to ten (10) days after city acceptance of the application. In the event such a threat exists or the ten (10) days have elapsed, the building and neighborhood services manager or designee shall issue the demolition permit if all other applicable city code requirements have been met.
   B.   Permit Fee: The fee shall be ten dollars ($10.00) per structure. The city or its agents need not pay a fee. (Ord. 90-122)
   C.   Time Limitations: No wrecking or removal of any structure shall be commenced until every precaution for the protection of the public has been taken. When such demolition has been instituted, it shall continue continuously during ordinary working hours until completed. All requirements of this section pertaining to demolition shall be completed within sixty (60) days from the date of the issuance of the permit.
   D.   Utility Disconnections: Before demolition of any building or structure is commenced, all utilities to such building or structure shall be disconnected and the openings properly plugged or capped at the property line. Utility disconnection, except for water and sewers, shall be performed or supervised by the proper utility company or agency affected.
   E.   Burning Prohibited: Burning of paper, refuse, waste, or other materials at the site of any demolition operation is prohibited.
   F.   Natural Soil Fill Required: In clearing a site, all excavations shall be filled with natural soil, so as to be level with adjoining grade. The filling of such excavations shall not be required when a building permit has been issued for a new building on the site and construction thereof is to be started within thirty (30) days after the completion of demolition operations. Provided, however, if fill is made in the excavated area, it shall be made exclusively of natural soil. If fill is not made, the owner of the building permit shall provide such excavation with a substantial fence protecting the excavation on all sides.
   G.   Basements: Where a basement exists, all walls shall be removed from the basement excavation.
   H.   Open Wells: Open wells shall be sealed to prevent ground water contamination and filled with natural soil.
   I.   Removal Of Rubbish: All adjacent streets, alleys, and other public ways and places shall be kept free and clear of all rubbish, refuse, and loose material resulting from the demolition and removal operations.
   J.   Variance:
      1.   A property owner may request a variance from the requirements of subsections F and G of this section and from the requirement that demolition work be completed within sixty (60) days by submitting a request for a variance to the building and neighborhood services division. The following information shall be submitted with the request for a variance:
         a.   A statement explaining in detail the factual reason, if any, which make compliance with the requirements of this section economically or physically impracticable or the manner in which compliance with these requirements would endanger adjoining property not planned to be demolished.
         b.   A plan for demolition prepared and sealed by a registered professional engineer indicating in detail the method and extent of demolition proposed and the amount and location of any material other than natural soil proposed to be used as fill or not removed from the demolition site. The plan shall also show existing contours and elevations and proposed final grading contours. If any material other than natural soil is proposed to remain on site or be buried on site, the elevation limits of such fill shall clearly be indicated.
         c.   The property owner shall submit a performance bond in favor of the city in sufficient amount to ensure that the proposed demolition plan is carried out; except that the city need not obtain a performance bond for demolition work to be performed by it.
      2.   The city manager shall appoint three (3) city employees to serve as the demolition board. This board shall consider the request, if any, in the opinion of the board, it is economically or physically impractical to meet the requirements of the above paragraphs of this subsection or if, in the opinion of the board, to do so would endanger adjoining property not planned to be demolished and if the board finds that the demolition plan adequately protects the public health and safety, then request for variance from the requirements of the above listed paragraphs of this subsection shall be granted to the extent shown in the application.
      3.   If a variance request is granted, the property owner shall perform all work according to the approved demolition plan. Any revision in this plan must be approved by the board. No building permit shall be issued for the cleared site unless it conforms with the demolition plans.
      4.   If the request for a variance is denied, the board shall provide the applicant with a written statement which sets forth the specific reasons for the denial. (Ord. 84-11)
   K.   Appeals: Any applicant for a demolition permit, or any permittee aggrieved by an administrative decision under this section may appeal that decision to the building code of appeals or any successor of such board provided for by any international building code adopted by the city. (Ord. 84-11; Ord. 2003-72)
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