This section shall be known and cited as the HAWTHORN WOODS PROPERTY MAINTENANCE CODE.
A. Property Maintenance Code Created: There is created and established, in and for the Village of Hawthorn Woods, the Hawthorn Woods Property Maintenance Code.
B. Adoption Of The International Property Maintenance Code: The International Property Maintenance Code, 2015 edition, as amended and as issued and promulgated by the International Code Council, three (3) copies of which have been on file in the Village Hall for at least thirty (30) days prior hereto, and open to public inspection, by this reference is incorporated herein in its entirety and adopted as the Hawthorn Woods Property Maintenance Code with the amendments contained herein.
The Hawthorn Woods Property Maintenance Code is adopted for the purpose of regulating and governing the conditions and maintenance of all properties, buildings and structures: by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy as hereafter set forth in the Village of Hawthorn Woods, Lake County, Illinois, applicable to existing buildings or structures.
C. Amendments To The International Property Maintenance Code:
SECTION 101 - GENERAL
101.1 Title
Delete in its entirety and replace with the following:
These regulations shall be known as the Hawthorn Woods Property Maintenance Code, hereinafter sometimes referred to as "this code". The Village of Hawthorn Woods is hereinafter referred to as "Village".
SECTION 102 - APPLICABILITY
102.3 Application of Other Codes
Replace "International Electric Code" and "International Plumbing Code" with "National Electrical Code" and "Hawthorn Woods Plumbing Code" the most recent editions as adopted by Village of Hawthorn Woods.
SECTION 103 - DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION
In the section title, delete "Department of Property Maintenance" and insert "Community Development Department"
103.1 General
Delete this section in its entirety and replace with the following:
The Village Community Development Department (hereinafter referred to as "CD Department") shall be the department responsible for the enforcement of this code, and the official in charge thereof shall be the Village Community Development Director (hereinafter referred to as "CD Director"). The CD Director shall also be known as the "Code Official."
103.5 Fees
Delete this section in its entirety and replace with the following:
Fees for activities and services performed by the CD Department in carrying out its responsibilities under this code shall be in accordance with the Village of Hawthorn Woods Fee Schedule listed in Title 11 of the Hawthorn Woods Municipal Code, as amended from time to time.
SECTION 104 - DUTIES AND POWERS OF THE CODE OFFICIAL
104.3 Right of Entry
Delete this section and replace with:
All inspections shall be conducted in accordance with Title 4, Chapter 2 of the Village of Hawthorn Woods Municipal Code.
104.4 Identification
Delete "Code Official" and replace with "CD Department personnel" in the first sentence of the paragraph.
SECTION 106 - VIOLATIONS
106.4 Violation Penalties
Delete this section in its entirety and replace with the following:
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of an ordinance violation and shall be subject to the penalty as provided in Section 1-4-1 of the Municipal Code.
106.5 Abatement of Violation
Delete this section in its entirety and replace with the following:
The imposition of the penalties herein prescribed shall not preclude the Village Attorney or other attorneys retained by the Village from instituting appropriate action 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.
SECTION 107 - NOTICES AND ORDERS
107.2 Form
Add the following Number to this section:
7. Inform the property owner that failure to correct the violations will result in a Notice to Appear before the Administrative Hearing Officer of the Village being issued.
107.3 Method of Service
Delete this section in its entirety and replace with the following:
Such notice shall be deemed to be properly served if a copy thereof is:
1. Delivered personally;
2. Sent by first-class mail addressed to the last known address of the owner of the property or the person who last paid the general real estate taxes on the property according to county collector's records; or
3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. If the property is vacant, written notice shall be placed on the premises in a conspicuous manner.
SECTION 108 - UNSAFE STRUCTURES AND EQUIPMENT
108.2 Closing of Vacant Structures
Add the following sentence after the last sentence in this section:
Whenever a structure is closed using plywood or other approved materials to prevent entry, such plywood or other approved materials, must be tight fitting within the opening being closed and, at the discretion of the Village, painted or finished the same color to correspond with the existing structure. The owner of the property shall maintain such construction materials in good condition while the structure is closed.
108.4 Placarding
Add ": Declared Unfit for Human Occupancy" after the word "Condemned"
108.4.1 Placard Removal
Delete this section in its entirety and replace with the following:
The Code Official shall remove the "Condemned: Declared Unfit for Human Occupancy" placard whenever the defect or defects upon which the "Condemned: Declared Unfit for Human Occupancy" or placard action were based have been eliminated. Any person who defaces or removes the "Condemned: Declared Unfit for Human Occupancy" placard without the approval of the Code Official shall be subject to penalties provided by this code.
SECTION 109 - EMERGENCY MEASURES
109.1 Imminent Danger
Add the words "or adjoining property" after the words "endangers life".
109.2 Temporary Safeguards
Add the following after the last sentence in this section:
The costs of such temporary safeguards shall be charged to the property owner and shall be a lien upon such real estate.
109.3 Closing Streets
Delete this section in its entirety and replace with the following:
When necessary for public safety, the code official shall temporarily close structures and shall request the Chief of Police, or designee, to close sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
109.5 Costs of Emergency Repairs
Delete this section in its entirety and replace with the following:
If costs incurred in the performance of emergency work are paid by the Village, the costs of such emergency repairs shall be charged to the property owner and shall be a lien upon such real estate.
SECTION 110 - DEMOLITION
110.1 General
Delete this section in its entirety and replace with the following:
The Code Official shall seek a court order requiring the owner of any premises upon which is located any structure, which in the Code Official's judgment is so old, 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 such structure safe and sanitary or to demolish and remove such structure 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 years, to demolish and remove such structure.
SECTION 112 - STOP WORK ORDER
112.4 Failure to Comply
Delete this section in its entirety and replace with the following:
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalty as provided in section 1-4-1 of the Municipal Code.
CHAPTER 2 - DEFINITIONS
Add the following definition to this section:
ABANDONED VEHICLE. All motor vehicles or other vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently abandoned.
CODE OFFICIAL
Delete this definition in its entirety and replace with the following:
The official, who is charged with the administration and enforcement of this code, or any duly authorized representative. The Community Development Director shall be known as the Code Official.
Add the following definition to this section:
GRAFFITI. The inscription on a wall, fence, sign, other building or structure, sidewalk, pavement, post, stone, tree or other manmade or natural object by carving, application of paint or other substance, or other means of any symbol (including any letter, word, numeral, emblem or combination thereof), picture or other character placed thereon, other than as permitted by the Village.
INOPERABLE MOTOR VEHICLE
Delete this definition in its entirety and replace with the following:
Any motor vehicle from which, for a period of at least seven (7) days 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 under its own motor power. "Inoperable motor vehicle" shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
Add the following definition to this section:
JURISDICTION. The Village of Hawthorn Woods.
Add the following definition to this section:
NOXIOUS WEEDS. As defined in Title 8, Chapter 1, Subchapter "f" of the Illinois Administrative Code, part 220 and Title 4, Chapter 3, Section 1 of the Village Code.
CHAPTER 3 - GENERAL REQUIREMENTS
SECTION 302 - EXTERIOR PROPERTY AREAS
302.3 Sidewalks and Driveways
Add the word "private" before the word "sidewalk"
302.4 Weeds
Insert "10-inches" as the maximum height.
Add as an additional section:
302.4.1 Removal Notice
The Community Development Director or Chief of Police or their designee, shall serve or cause to be served, written notice upon the owner of any real estate on which weeds or grasses are permitted to grow in violation of the provisions of this chapter, and to demand the abatement of the nuisance within seven (7) days.
Add as an additional section:
302.4.2 Cost of Removal
The cost of cutting and removing weeds and grasses shall become a lien on the real estate affected, until paid, superior to all other liens and encumbrances, except tax liens, provided the Village files a notice of lien in the Office of the Recorder of Deeds of Lake County, Illinois in accordance with 65 Illinois Compiled Statutes 5/11-20-7.
302.4.3 Additional Enforcement Action
In addition to, or as an alternative to a lien being filed on the real estate of the affected property, the Community Development Director or the Chief of Police may issue a notice to appear before the administrative hearing officer of the Village for violations to this section. The Village may also commence a civil proceeding to correct the violation under applicable statutory provisions.
302.4.4 Penalties for Violations
In addition to liability for the cost of abatement of such weeds or grasses, the owner, occupant or person in control of any such real estate shall, upon being found guilty, be subject to the penalty as provided in Section 1-4-1 of the Municipal Code.
302.9 Defacement of Property
Delete this section in its entirety and replace with the following:
No person shall willfully or wantonly damage, mutilate or deface any surface of any real or personal property, public or private, by placing thereon any marking, carving or graffiti.
It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair within five (5) days of receipt of written notice from the Community Development Director or Chief of Police or their designee.
302.10 Firewood
The exterior storage of firewood on private residential property shall not be stored within the front yard, shall meet the required side and rear yard areas (setbacks), shall be stored and stacked neatly so as not to create a dangerous condition or be offensive to the neighborhood, and in no event shall any firewood be stacked taller than four feet six inches (4'-6") above grade.
SECTION 304 - EXTERIOR STRUCTURE
304.3 Premises Identification
Add the following after the last sentence to this section:
Properties that have alley access shall also have address numbers visible from the alley.
304.14 Insect Screens
Insert "April 1 to December 1" as the dates for this requirement.
Add as an additional section:
304.15.1 Door Closers
Storm doors, screen doors, and similar swinging or hinged doors must have self-closing devices to keep doors in a closed position when not in use.
CHAPTER 5 - PLUMBING FACILITIES AND FIXTURE REQUIREMENT
SECTION 505 - WATER SYSTEM
505.4 Water Heating Facilities
Insert 120 degrees in place of 110 degrees for water temperature.
SECTION 507 - STORM DRAINAGE
Add as an additional section:
507.2 Sump Pump Drainage
Drainage from sump pumps, down spouts, window wells, or any other concentrated source of storm water shall not be discharged to create a nuisance on neighboring properties or create a flooding or ponding condition. Sump pump discharge shall not be directed to flow across a public walk or directed onto a neighboring property and shall not be closer than ten (10) feet from the adjacent property.
CHAPTER 6 - MECHANICAL AND ELECTRICAL REQUIREMENTS
SECTION 602 - HEATING FACILITIES
602.3 Heat Supply
Insert September 15th to June 1st for required timeframes
602.4 Occupiable Work Spaces
Insert September 15th to June 1st for required timeframes
(Ord. 1804-17, 12-13-2017; amd. Ord. 1888-18, 10-22-2018)