The following sections of the International Property Maintenance Code, 2012 edition, are hereby amended, deleted or modified as hereinafter set forth:
Section Number | Section Title | Additions, Deletions and Modifications |
Section Number | Section Title | Additions, Deletions and Modifications |
101.1 | Title | Insert “the Village of Kenilworth, Cook County, Illinois” for “[name of jurisdiction].” |
102.3 | Application of other codes | Delete: “International Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code” and substitute: “and other codes as adopted in Chapter 150 of the Kenilworth Village Code.” |
102.6 | Historic buildings | Delete entire section. |
103 | Department of Property Maintenance Inspection | Delete entire section 103, entitled “Department of Property Maintenance Inspection,” and insert a new section entitled “Fees”, as follows: |
103.1 | Fee Schedule | The fees for services performed by the Village in carrying out its responsibilities in connection with this International Property Maintenance Code, 2012 edition, shall be in the amount set forth in the annual fee ordinance. |
103.2 | Reinspection fees | The fee to be paid for the third inspection of any single phase of compliance as required by the code official, and for each subsequent inspection, shall be in the amount set forth in the annual fee ordinance. |
103.3 | Placard removal fee | The fee for the code official to remove a placard indicating that a structure or equipment is found by the code official to be unsafe, unfit for human occupancy, unlawful or condemned shall be in the amount set forth in the annual fee ordinance. |
103.4 | Occupancy inspection | The fee for an inspection to approve occupancy of a structure shall be in the amount set forth in the annual fee ordinance, and shall be paid prior to issuance of a certificate of occupancy for the structure. |
103.5 | Administrative fee | The fee for repairs, temporary safeguards, removal of hazardous conditions, demolition, or any other remedial action taken by the Village pursuant to this code shall be in the amount equal to the costs incurred by the Village to take such action, plus an administrative fee in the amount set forth in the annual fee ordinance. |
104.1 | General | Add to section: “The Code Official is hereby authorized to use the police power of the Village in such manner and to such extent as the character of the violation and the urgency, hazards, rights, and interests of the public health and safety may justify and demand for the case involved.” |
104.3 | Right of entry | Delete last sentence of section and substitute: “If entry is refused or permission to enter not otherwise obtained, the Code Official shall have recourse to the remedies provided by law to secure entry.” |
104.6 | Department records | Delete entire section. |
105.1 | Modifications | Delete last sentence and substitute: “The Village Board of Trustees shall be notified in advance of the intent to grant modifications to this code and the details of action granting modifications shall be recorded and entered in the Village files.” |
106.3 | Prosecution of violation | Delete section and substitute: “Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor. If the notice of violation is not complied with, the Code Official may institute the appropriate proceeding 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 this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises may be charged against the real estate upon which the structure is located and may be a lien upon such real estate.” |
106.4 | Violation penalties | Delete entire section and substitute: “Any person violating any provision of this Code may be subject to the penalty provisions of § 10.99 of the Kenilworth Village Code, except where another specific penalty is provided.” |
106.5 | Abatement of violation | Add as the first sentence of the section: “Timely abatement of the violation is the preferred method of corrective action.” |
107.3 | Method of service | Delete entire section and substitute: “Notice shall be deemed to be properly served if a copy thereof is (a) delivered personally; or (b) sent by first class and certified or registered mail addressed to the last known address with return receipt requested; or (c) delivered in any other manner as prescribed by local law. If the notice is returned showing that the notice was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice, by personal delivery, or by first class and certified or registered mail upon the owner’s agent or upon the person responsible for the structure shall constitute service of notice upon the owner.” |
107.6 | Transfer of ownership | In the first sentence of the section add “either” between “until” and “the provisions.” |
108.1 | General | Delete “shall” and substitute “may.” |
108.1.1 | Unsafe Structures | Delete entire section and substitute: “An unsafe Structure is one that is found to be dangerous to the life, health, property or safety of the public or the Occupants of the Structure or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible.” |
108.1.5 | Dangerous Structure or Premises | Delete from subsection 7: “, becomes a harbor for vagrants, criminals, or immoral persons, or enables persons to resort to the building or Structure for committing a nuisance or an unlawful act.” |
109.6 | Hearing | Delete entire section. |
110.1 | General | Delete entire section and substitute: “The Code Official may order the Owner of any Premises upon which is located any Structure, which in the Code Official’s judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous or unsafe, 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 board up and hold for future repair 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 years, the Code Official may 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 Code Official.” |
110.3 | Failure to comply | Delete entire section. |
110.4 | Salvage materials | Delete entire section. |
111.1 | Application for appeal | Delete entire section and substitute: “Any person affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the Village Board of Trustees, provided that a written application for appeal is filed within 10 days after the day the decision, notice or order was served.” |
111.2 | Membership of board | Delete entire section. |
111.3 | Notice of meeting | Delete entire section. |
111.4 | Open hearing | Delete entire section. |
111.5 | Postponed hearing | Delete entire section. |
111.6 | Board decision | Delete entire section and substitute: “The Village Board of Trustees shall modify or reverse the decision of the Code Official only by a concurring vote of a majority of the total number of Village Trustees then holding office.” |
111.6.1 | Records and copies | Delete entire section and substitute: “The decision of the Village Board of Trustees shall be provided in writing. Copies shall be furnished to the appellant and the Code Official.” |
111.6.2 | Administration | Delete “board” and substitute: “Village Board of Trustees.” |
111.7 | Court review | Delete entire section. |
112.4 | Failure to comply | Delete: “liable to a fine of not less than [amount] dollars or more than [amount] dollars” and substitute: “subject to the penalty provisions of § 10.99 of the Kenilworth Village Code.” |
201.3 | Terms defined in other codes | Delete: “International Existing Building Code,” Delete: “International Plumbing Code”, and substitute: “Illinois Plumbing Code.” Delete: “International Zoning Code or NFPA 70” and substitute “and other codes as adopted in Chapter 150 of the Kenilworth Village Code.” |
301.2 | Responsibility | Delete: “Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or Premises which they occupy and control.” |
302.1 | Sanitation | Delete section and substitute: “All exterior property and Premises shall be maintained in a clean, safe and sanitary condition. The occupant, tenant and owner shall each keep and be responsible and liable for keeping that part of the exterior property that each controls in a clean and sanitary condition.” |
302.4 | Weeds | Insert “seven inches” for “[jurisdiction to insert height in inches].” Delete “Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the Owner or agent responsible for the property.” |
302.5 | Rodent harborage | Delete “approved.” |
302.8 | Motor vehicles | Insert “the exterior of” after “stored on” and before “any Premises.” |
302.9 | Defacement of property | Delete title of section: “Defacement of property” and substitute: “Graffiti and vandalized properties.” |
302.9.1 | Definitions | Add new subsection: “For purposes of this Section 302.9, the word “graffiti” shall mean any sign, symbol, marking, name, initial, word, diagram, sketch, picture or letter that is inscribed, engraved, drawn or otherwise placed on the surface of any building, structure, wall, or pavement (including, without limitation, driveways, sidewalks, and pathways) without the consent of the owner thereof.” |
302.9.2 | Removal of graffiti and restoration by owner; notice | Add new subsection: “The owner of any property in the Village shall remove, or cause the removal of, all graffiti from the property, and shall clean, repair, paint, and otherwise restore the affected building, structure, wall, or pavement so that no graffiti is visible from any public or private right-of-way, within five business days after receipt from the Village of a notice thereof.” |
302.9.3 | Penalty | Add new subsection: “Any person who violates this Section 302.9 shall be subject to the penalty provisions of § 10.99 of the Kenilworth Village Code.” |
303.2 | Enclosures | In the Exception, before “Spas or hot tubs with a safety cover,” insert “Swimming pools, spas, and hot tubs for which a permit was issued prior to May 28, 2015, shall not be required to install enclosures unless a new permit is required for substantial modifications to the swimming pool, spa, or hot tub.” |
304.1.1 | Unsafe conditions | Delete: “or the International Existing Building Code” and substitute “and the International Residential Code.” |
304.2 | Protective Treatment | Delete: “Peeling, flaking and chipped paint shall be eliminated and surfaces repainted.” |
304.6 | Exterior walls | Delete: “and properly surface coated where required to prevent deterioration.” |
304.9 | Overhang extensions | Delete last sentence. |
304.10 | Stairways, decks, porches and balconies | In second sentence, delete “imposed loads” and substitute: “intended loads or loads otherwise required to be supported by applicable law.” |
304.11 | Chimneys and towers | Delete last sentence. |
304.13.1 | Glazing | Delete “All glazing” and substitute “All exterior glazing.” |
304.14 | Insect screens | Delete entire section. |
304.15 | Doors | Delete: “Locks on means of egress doors shall be in accordance with Section 702.3.” |
304.18.1 | Doors | Delete: “Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock.” |
304.18.2 | Windows | Delete entire section. |
305 | Interior Structure | Delete entire section 305 entitled “Interior Structure.” |
306 | Component Serviceability | Delete entire section 306 entitled “Component Serviceability.” |
307.1 | General | Delete “and interior” from the first sentence. |
308.2 | Disposal of rubbish | Delete “in approved containers” and substitute “in containers.” |
308.2.1 | Rubbish storage facilities | Delete entire subsection. |
308.3 | Disposal of garbage | Delete entire section and substitute: “Every occupant of a Structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in a garbage disposal facility or garbage containers.” |
308.3.1 | Garbage facilities | Delete entire subsection. |
308.3.2 | Containers | Delete entire subsection. |
(Ord. 1142, passed 5-18-2015)