(A) Code adopted. There is hereby adopted by reference as if fully set forth herein, that certain Building Code known as the International Property Maintenance Code - 2015 edition, including Appendix A, Boarding Standards; and as thereafter amended and on file with the Village Clerk, as the Property Maintenance Code for the Village.
(B) Copies on file. At least one copy of the International Property Maintenance Code - 2015 has been on file in the Village Hall for more than 30 days prior to the adoption hereof and is now on file. The Building Official shall keep on file in his or her office at least one copy of the International Property Maintenance Code-2015, which shall be available for inspection.
(C) Special provisions. The following words, provisions, and paragraphs are to be added to the following designated sections of the International Property Maintenance Code - 2015. These provisions supersede the requirements of the indicated provisions of such code.
101.1 Title: Insert Village of Diamond.
103 Department of Property Maintenance Inspection: Shall be deleted in its entirety and replaced as follows:
The Building Official shall be charged with the enforcement of the Property Maintenance Code, as amended herein, and shall be known as the code official.
106.1 Unlawful Acts: Shall read as follows:
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided.
106.2 Notice Of Violation: Shall read as follows:
The Building Official shall serve a notice of violation or order in accordance with Section 107 of the International Property Maintenance Code. Administrative notices are attempts to secure voluntary compliance and are not the start of prosecution for jurisdictional purposes.
106.3 Prosecution Of Violation: Shall read as follows:
Any person failing to comply with a notice of violation or order served in accordance with Section 107 of the International Property Maintenance Code shall be deemed guilty of a misdemeanor or civil infraction and punished as prescribed by law and as provided in Section 10.99 of the Village Code, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Building Official is authorized to request the legal counsel of the Village to institute the appropriate proceedings at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided or of the order or direction made pursuant thereto. Any action taken by the Village on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Violation Penalties: Shall read as follows:
Any person who shall violate a provision of the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided, or fail to comply therewith, or with any of the requirements thereof, shall be punished as prescribed by law and as provided in Section 10.99 of the Village Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
106.5 Abatement Of Violation: Shall read as follows:
The imposition of the penalties herein prescribed shall not preclude the Building Official from requesting the legal counsel of the Village to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
108.1 General: Shall read as follows:
When a structure or equipment is found by the Building Official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided.
108.1.3 Structure Unfit For Human Occupancy: Shall read as follows:
A structure is unfit for human occupancy whenever the Building Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
108.1.4 Unlawful Structure: Shall read as follows:
An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided, or was erected, altered or occupied contrary to law.
108.2.1 Authority To Disconnect Service Utilities: Shall read as follows:
The Building Official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property when such utility connection has been made without approval. The Building Official shall notify the serving utility, and whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practicable thereafter.
108.3 Notice: Shall read as follows:
Whenever the Building Official has condemned a structure or equipment under the provisions of this Section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3 of the International Property Maintenance Code. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2 of the International Property Maintenance Code.
108.4 Placarding: Shall read as follows:
Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the Building Official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
108.4.1 Placard Removal: Shall read as follows:
The Building Official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the Building Official shall be punished as prescribed by law, the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided, and as provided in Section 10.99 of the Village Code.
108.5 Prohibited Occupancy: Shall read as follows:
Any occupied structure condemned and placarded by the Building Official shall be vacated as ordered by the Building Official Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by the International Property Maintenance Code or amendments to the International Property Maintenance Code as herein provided, and as provided in Section 10.99 of the Village Code.
108.6 Abatement Methods: Shall read as follows:
The owner, operator or occupant of a building, premises or equipment deemed unsafe by the Building Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
109.1 Imminent Danger: Shall read as follows:
When, in the opinion of the Building Official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Building Official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Building Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Building Officer”. It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
109.2 Temporary Safeguards: Shall read as follows:
Notwithstanding other provisions of the International Property Maintenance Code, whenever, in the opinion of the Building Official, there is imminent danger due to an unsafe condition, the Building Official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the Building Official deems necessary to meet such emergency.
109.3 Closing Streets: Shall read as follows:
When necessary for public safety, the Building Official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
109.4 Emergency Repairs: Shall read as follows:
For the purpose of this Section, the Building Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
109.5 Costs Of Emergency Repairs: Shall read as follows:
Costs incurred In the performance of emergency work maybe paid by the Village- The legal counsel of the Village may Institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs if paid by the Village. The cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
109.6 Hearing: Shall read as follows:
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter upon petition directed to the Village Planning and Zoning Commission as set forth in Section 111 of the International Property Maintenance Code be afforded a hearing as described in Section 111 of the International Property Maintenance Code.
110.1 General: Shall read as follows:
The Building Official shall order the owner of any premises upon which is located any structure, which in the Building Official’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, the Building Official shall order the owner to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the Building Official.
110.2 Notices And Orders: Shall read as follows:
All notices and orders shall comply with Section 107 of the International Property Maintenance Code.
110.3 Failure To Comply: Shall read as follows:
If the owner of a premises fails to comply with a demolition order within the time prescribed, the Building Official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a Hen upon such real estate.
Section 111 Means of Appeal: Shall he deleted in its entirety and replaced as follows:
That any person, firm or corporation shall have the right to appeal a decision of the Building Official to the Village Planning and Zoning Commission. Means of appeal shall follow requirements set forth in Section 14.06, Appeals of Administration Decisions, of the Village Zoning Code.
Section 202, General Definitions, is amended by adding the following definition In alphabetical order as it would appear therein:
Private Street. A private vehicular access way shared by and serving two or more lots or Dwelling Units, which is not dedicated to the public and is not publicly maintained.
302.4 Weeds: Insert eight (8) inches.
Section 302, Exterior Property Areas, is amended by adding the following subsection:
302.10 Private Street
All Private Streets shall be maintained in a clean, safe and sanitary condition and shall be kept in a proper state of repair and maintained free from hazardous conditions. Maintenance shall include, but not be limited to, removal of snow upon an accumulation of two or more inches, sealing and filling cracks or holes in the street as reasonably necessary, and the removal of vegetative overhang which might obstruct emergency vehicle access or constitute a safety hazard.
304.14 Insect Screens: Insert May 1st to October 31st.
602.3 Heat Supply: Insert October 31st to May 1st.
602.4 Occupiable Work Space: Insert May 1st to October 31st.
Add new Section 704.5 as follows:
704.5 Carbon Monoxide Detectors: Carbon Monoxide Detectors are required per Illinois
State Law, Public Act 94-0741.
(Ord. 2018-03, passed 1-23-2018)