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ORDINANCE NO. 2019-11-01
ORDINANCE AMENDING TITLE 8, “BUILDING REGULATIONS”, OF THE VILLAGE OF LAKE VILLA VILLAGE CODE RELATIVE TO BUILDING FEES AND TYPES
WHEREAS, the Village of Lake Villa (the “Village”) is an Illinois municipality in accordance with the Constitution of the State of Illinois of 1970; and,
WHEREAS, the Village is authorized by the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., to adopt ordinances pertaining to the public health, safety and welfare; and,
WHEREAS, the Village of Lake Villa completed a comprehensive review of building permit by type, and the respective fees to determine the most cost-effective methods to process such permits; and
WHEREAS, the Village of Lake Villa has determined that various amendments to the types of permits and permit fees are necessary in order to facilitate the building permit process with the Village; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Lake Villa as follows:
SECTION 1: The Corporate Authorities of the Village hereby find that the recitals hereinabove set forth are true and correct and are incorporated into the text of this Ordinance as its findings of fact to the same extent as if such recitals had been set forth herein in their entirety.
SECTION 2: Section 8-1-1 through Section 8-1-7 of Chapter 1, “Building Code”, of Title 8, “Building Regulations”, of the Lake Villa Village Code, are hereby deleted in their entirety, and new Sections 8-1-1 through 8-1-7 shall be inserted in lieu thereof, which new Sections shall read as follows:
A. Regulations are hereby adopted for the purpose of governing the construction, alteration, and repair of all buildings and structures, and parts and appurtenances thereof, prefabrication, equipment or appliance installation, and governing the maintenance thereof in a condition reasonably safe from the hazards of fire, explosion, collapse, contagion, and the spread of infectious disease; requiring permits; providing for administration; establishing rules and regulations in reference thereto; and imposing penalties for violations relating to residential use.
B. While the Village requires that, in many cases, a building permit is required to be obtained from the Village prior to commencement of any work on a structure or on property within the Village, the Village has established a Residential Registration Program which requires registration with the Village of the proposed work in lieu of obtaining a building permit, all as set forth in this Chapter.
C. Chapters 2 and 3, the Lake Villa one- and two-family dwelling code, of this title shall govern one- and two-family dwellings, and Chapter 4 of this title, adopting the 2006 international building code or its current edition, and other building codes, shall govern all other buildings and structures and shall also be applicable to any subject matter not addressed in this chapter.
This chapter, including the rules and regulations adopted herein by reference, is entitled the LAKE VILLA BUILDING CODE. The "letter" and "number" designation used to set off or identify its various parts refer to articles, sections, subsections, paragraphs, rules, regulations, or other divisions as the text or arrangement may indicate. Reference to any one of these parts may be by such designation alone.
A. Permits Required: Except as provided by the Residential Registration Program established by the Village and described in detail in Section 8-1-7, it is hereby required that any and all applicable permits be obtained in advance and, in any event, all other requirements of the Lake Villa building code be complied with whenever a building or structure, or parts or appurtenances thereof, such as water supply, sewage disposal, plumbing installation, electrical installation, and heating equipment, located within the limits of the village and regulated by this chapter, is erected, installed, altered, converted, remodeled, reroofed, structurally repaired, moved, or changed.
B. Maintenance Required: All building(s) and/or structure(s) within the village, and parts and appurtenances thereof, both existing and hereafter constructed, erected, installed, altered, maintained, and/or repaired shall be constructed, erected, installed, altered, maintained, and/or repaired in compliance with this chapter, with Section 8-4-6, “Property Maintenance Code; Adoption”, of Chapter 4, “Other Building Codes Adopted”, and the other applicable provisions of this village code so that the occupants and users thereof and others are reasonably safe from the hazards of fire, explosion, collapse, contagion and spread of infectious disease. If said building(s) and/or structure(s) are not so maintained, the respective owner(s) and occupants of such building and/or structure may be ordered by the Building Officer or by a court of competent jurisdiction to perform the necessary corrective work, repair, and/or replacement or may be ordered by the Building Officer or by a court of competent jurisdiction and required to demolish and remove said building(s) and/or structure(s).
C. Scope: These rules and regulations set forth requirements which are considered reasonable and are held in every instance to be the minimum for the promotion of public health, safety, and general welfare.
D. Requirements: No building permit shall be issued or residential registration allowed as required by this chapter and/or the other applicable provisions of this village code for any building or other structure to be constructed on any lot, parcel or tract of land, or on any portion thereof, that does not conform with provisions of the plat act in force from time to time, and the subdivision regulations and requirements of the Lake County Health Department or the applicable regulations of other agencies concerning sewage disposal and water supply and other applicable village ordinances, including, but not limited to, the village of Lake Villa zoning ordinance, as amended from time to time.
E. Intent: It is the intent of this section to minimize the disruptive effect building activity has on neighboring properties and residents and to minimize the aesthetically displeasing nature of building activity by requiring completion of construction within reasonable periods of time.
1. As to principal structures, a building permit shall expire two (2) years from the date of issuance. In the event that the structure has not been completed and a certificate of occupancy issued by that date, a renewal building permit, which shall expire six (6) months after date of issuance, must be secured, provided, however, for good cause shown, or if the building officer determines that the exterior of the structure is substantially complete, including siding and trim work, so as to not constitute an eyesore, the expiration date of the original building permit may be extended six (6) months by the building officer. The fee for a renewal permit shall be equal to fifty percent (50%) of the original permit cost.
2. As to all permits for nonprincipal structures and all Residential Registration Program work, such as, but not limited to, freestanding garages or sheds, the building permit or residential registration, as the case may be, shall expire one (1) year from date of issuance. In the event that the structure has not been completed and a certificate of occupancy issued by that date, where applicable, a renewal building permit, or renewal residential registration, which shall expire three (3) months after date of issuance or the date of registration of the work, must be secured, provided, however, for good cause shown, the expiration date of the original building permit or residential registration may be extended three (3) additional months by the building officer. The fee for a renewal permit or renewal residential registration shall be equal to fifty percent (50%) of the original permit or residential registration cost.
3. As to nonprincipal structures, for all building permits which have been previously issued for construction or work prior to the effective date of this Section, which have not been completed and certificates of occupancy for completion issued, the work which is the subject of said permits, shall be completed within six (6) months from the effective date of this Section.
4. The failure to complete a structure for which a permit shall have been secured or a residential registration filed with the Village within the time permitted by the original building permit or the original residential registration as it may have been extended or renewed, or otherwise set forth in this section, shall constitute a violation of this section and subject the permittee, upon conviction, to a mandatory fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00) per day for each day the structure is not completed after the permit lapses, until the building or other structure is demolished or a certificate of occupancy or completion is issued for the structure. In the alternative to demolishing an incomplete structure, the permittee may apply for a penalty building permit or residential registration to complete the structure within ninety (90) days, but the fee for a penalty permit or a penalty residential registration shall be equal to three hundred percent (300%) of the original permit or residential registration fee. Upon the issuance of a penalty permit or the allowing of a penalty residential registration, the daily fine shall not apply for the duration of the penalty building permit.
F. Notwithstanding the above requirements of this Section for building permits, in lieu of the building permit otherwise required by this Title 8, certain work as described in Section 8-1-7 of this Village Code shall be subject to the requirements of the Residential Registration Program as described in detail in Section 8-1-7 of this Chapter.
The building officer shall be and is hereby authorized to promulgate and publish from time to time a current list and concise summary of guidelines for certain requirements of this Lake Villa building code. Such guidelines as promulgated and published from time to time by the building officer are simply that, guidelines, and are not intended as and shall not be used as a substitute for reference to and application of the full text of this Lake Villa building code, which text shall always govern and prevail.
8-1-5: RULES ADOPTED BY REFERENCE:
The previously published books or pamphlets described and referred to in this chapter and the regulations and standards contained therein or in the described portions thereof, modified in some cases as noted herein, are hereby adopted by reference and made a part of this building code. In the event of a conflict between this chapter, or any part thereof, and such regulations and standards adopted by reference, the provisions of this chapter, and the other applicable provisions of the village code shall govern and prevail.
A. Office Of Building Officer: The office of building officer is hereby created in which is vested the power and duty to administer and enforce all the provisions of this chapter and such related regulations as are assigned to that office by the village's board of trustees. That officer is meant wherever in this chapter the term "building officer" is used.
B. Appointment Of Building Officer: The board of trustees shall appoint as building officer a person who is qualified by professional or practical training and experience to conduct the affairs and carry out the duties of that office, who may be either an employee of the village or an independent contractor. It shall also provide for the appointment of such assistants as employee(s) or as independent contractor(s) as are needed and qualified to carry out efficiently the duties and powers assigned to them by the board of trustees or building officer and the building officer shall not be removed from office except for cause and after full opportunity has been granted him to be heard on specific and relevant charges by and before the appointing authority.
C. Relief From Personal Responsibility: The building officer charged with the enforcement of this code, while acting for and/or on behalf of the village shall not be held personally liable for such enforcement and/or any related determinations relative to a matter, and said building officer and any of his or her subordinates is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of the official duties of the building officer on behalf of the Village. Any suit instituted against any building officer acting for and/or on behalf of the Village because of an act performed by him in the lawful discharge of the duties of the building officer and under the provisions of the village of Lake Villa building code and zoning ordinance shall be defended by counsel selected by the village until the final termination of the respective proceedings. In no case shall the building officer or any of his subordinates be liable for costs in any action, suit, or proceedings that may be instituted in enforcement of the provisions of the village ordinances and resolutions, and any officer of the department of building and zoning, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his official duties in connection thereto.
In lieu of the requirement for the issuance by the Village of a permit for certain work to be performed on building(s) and/or other structure(s) or other improvements on residential property within the Village, there is hereby established by the Village a “Residential Registration Program” which requires the registration with the Village for certain work to be performed on residential buildings, structures and/or on property within the Village for which only registration with the Village shall be required but no Village permit is required to be obtained in such cases.
Permit or Residential Registration Required: It is hereby required that any and all applicable permits or registrations be obtained in advance and all other requirements of Title 8, “Building Regulations”, of this Village Code, and all other applicable requirements of this Village Code, shall be complied with whenever a building or structure, or parts or appurtenances thereof, including but not limited to water supply, sewage disposal, plumbing installation, electrical installation, and heating and cooling equipment, located within the limits of the village and regulated by this Title, is constructed, erected, installed, altered, converted, remodeled, reroofed, moved, or structurally repaired or changed.
Residential Registrations, Plan Review & Permit & Inspection Fees
1. Residential Registrations: The following work proposed to be performed on a residential structure or on a residential property within the Village is eligible for the Residential Registration Program and for such work, an application detailing the extent of the proposed work on a residential building, structure or property within the Village shall be submitted to the Village prior to the commencement of any such work by means of the Residential Registration Program described in this Section, in lieu of obtaining a building permit for such work:
2. Building Permits, Inspection and Plan Review Fees: The following work shall require the submittal of a building permit application, the Village's written approval of the plans therefor, and the securing from the Village of a building permit prior to the commencement of the Work, and payment to the Village of the applicable fees and charges which shall be as set forth below:
Residential Volume: Residential volume shall be computed based on the exterior dimensions of the building and shall include all space above the lowest level of the foundation wall and below the ceiling or bottom cord of roof truss of the uppermost floor.
Unit of Volume of Cost: Figure a major fraction as a full unit.
C. Commercial Plan Review, Permits & Inspection Fees. The following work shall require the submittal of a building permit application, the Village's written approval of the plans therefor, and the securing from the Village of a building permit prior to the commencement of the Work, and payment to the Village of the applicable fees and charges which shall be as set forth below:
Commercial Volume: Commercial volume shall be computed based on the exterior dimensions of the building and shall include all space above the lowest level of the foundation wall footing and the top of the roof sheathing, and/or deck where equipment room tower, etc., are constructed.
Unit of Volume of Cost: Figure a major fraction as a full unit.
D. Residential & Commercial Permit & Inspection Fees
E. Building Permit Fee Notes
1. Plumbing, electrical and site development permit fees related to swimming pools are located in those sections.
2. Plumbing fee is only applied to an in-ground pool.
3. Swimming pools are not charged a plan review fee.
4. A certificate of occupancy required for new principal structures, accessory structures over 200 square feet, plumbing, electrical, heating, cooling, swimming pool.
5. Where two fees are provided, the top, or first, fee stated is the unit fee and the bottom, or second, fee stated is the minimum fee.
6. Basement buildout is charged the base fee and per $1,000 of construction cost.
7. Sign permits that require electrical alterations shall be charged a residential or commercial electrical alteration permit fee as the case may be.
8. The fee for plan review(s) shall be paid for a principal building and all accessory building(s) containing more than 7,500 cubic feet, and this fee shall not be refunded.
9. Fees for Accessory Buildings are for permit costs only and do not include inspection fees, which are a separate, additional cost.
SECTION 3: Section 8-1-14, "Definitions", of Chapter 1, "Building Code", of Title 8, "Building Regulations", of the Lake Villa Village Code, shall be and is hereby amended by the addition in alphabetical order of the definition of "Residential Registration Program", which new definition shall read as follows:
RESIDENTIAL REGISTRATION PROGRAM: A program established by the Village to allow certain work to be performed on a residential building or structure or on a residential property that does not require a building permit, but which, in lieu of such permit, requires property owner or the contractor register the work with the Village in advance of the performance of the work and then to complete the work in conformance with the registration application submitted and in accordance with all applicable provisions of Title 8 and the other applicable provisions of this Village Code.
SECTION 4: All ordinances or parts of ordinances in conflict with this Ordinance are hereby expressly repealed.
SECTION 5: The Corporate Authorities of the Village intend that this Ordinance will be made part of the Barrington Village Code and that sections of this Ordinance can be renumbered or relettered and the word "Ordinance" can be changed to "Section", "Article", "Chapter", or some other appropriate word or phrase to accomplish codification, and regardless of whether this Ordinance is ever codified, the Ordinance can be renumbered or relettered and typographical errors can be corrected with the authorization of the Village Attorney, or his or her designee.
SECTION 6: This Ordinance shall not affect any punishment, discipline, infraction, or penalty or any action based on any other Ordinance of this Village incurred before the effective date of this Ordinance, nor any suit, prosecution or proceeding pending at the time of the effective date of this Ordinance, for an offense or violation committed or cause of action arising before this Ordinance, and said other ordinances as heretofore existing shall continue in full force and effect for said limited purpose.
SECTION 7: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance, or any part thereof. The Board of Trustees hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.
SECTION 8: This Ordinance shall be in full force and effect, from and after its passage and approval, as provided by law.
SECTION 9: The Village Clerk is hereby directed to publish this ordinance in pamphlet form.
Passed by the Corporate Authorities on November 18, 2019, on a roll call vote as follows:
AYES: 5 Trustees Harms, Nielsen, Barbato, O'Reilly, Cramond
ABSENT: 1 Trustee Kruckeberg
Approved by the Mayor on November 18, 2019
James McDonald, Mayor
Village of Lake Villa
James McDonald, Mayor
Village of Lake Villa
Mary Konrad, Village Clerk
Mary Konrad, Village Clerk
Published in pamphlet form this 19th day of November, 2019.