The following additions, insertions, deletions, and changes are made to the corresponding sections of the International Property Maintenance Code, 2018 edition as adopted in § 151.01 above:
(A) Subsection [A] 101.1 Title:
Insert: The City of Markham.
(B) Subsection [A] 102.3 Application of other codes. (Applicability, Application of other codes, deletion; and insertion, seventh line):
Delete: “International Plumbing Code” in seventh line.
Insert: "Current edition of the Illinois State Plumbing Code".
(C) Subsection [A] 104.1 General. (Duties and Powers of The Code Official, General):
Add: The Director of Building and Housing or his designee shall be known as the Code Official.
(D) Subsection [A] 104.3 Right of Entry. (Duties and Powers of The Code Official, Right of Entry):
Delete: Entire subsection.
Insert: In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to attempt to obtain consent to enter at any reasonable time from any owner, occupant, or other person in charge of a dwelling, structure or property subject to this code for the purpose of making inspections and performing duties under this code. Such owner, occupant, or other person in charge shall be informed that entry by the Code Official is sought for the purpose of making an inspection and performing duties under this code. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.
(E) Subsection [A] 104.3.1 Search Warrant in Absence of Consent. (Duties and Powers of The Code Official, Search Warrant in Absence of Consent, new subsection):
Add: If the code official, after a reasonable attempt to obtain consent does not receive consent to enter a dwelling, structure or property subject to the code as described in subsection 104.3, the Code Official may seek in the circuit court of Cook County, a search warrant pursuant to subsection 104.3.2 of this code. An owner, occupant or other person in charge of a dwelling, structure or property subject to the provisions of this code, who is presented with a search warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the search warrant sought to be made.
(F) Subsection [A] 104.3.2 Procurement of Search Warrants. (Duties and Powers of the Code Official, Procurement of Search Warrants, new subsection):
Add: A search warrant sought pursuant to subsection 104.3.1 shall be sought in the circuit court of Cook County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
(a) Eyewitness account of violation.
(b) Citizen complaints.
(c) Tenant complaints.
(d) Plain view violations.
(e) Violations apparent from city records.
(f) Property deterioration.
(g) Age of property.
(h) Nature of alleged violation.
(i) Similar properties in the area.
(j) Documented violations on similar properties in the area.
(k) Passage of time since last inspection.
(l) Previous violations on the property.
(G) Subsection [A] 107.3 Method of Service. (Notices and Orders, Method of Service):
Delete: Entire subsection.
Insert: Such service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally: or by leaving a copy with the property manager, tenant, person leasing, renting or person in charge of the property or by leaving the notice at the owner's usual place of abode, in the presence of someone in the family of the age of 18 years or upwards, who shall be informed of the contents thereof, provided in that event the person making service shall also mail a copy of the notice with postage fully prepaid, addressed to the owner at his or her usual place of abode; or by posting a copy thereof in a conspicuous place in or about the structure of the property affected by such notice and making notice by first-class, certified or registered mail addressed to the owner at his or her usual place of abode.
(H) Subsection [A] 108.8. Unsafe buildings prohibited. (Unsafe Structures and Equipment, Unsafe buildings prohibited, new subsection):
Insert:
(a) It shall be unlawful to maintain or permit the existence of any structure classified as unsafe, or contains unsafe equipment, or is unfit for human occupancy as defined by the Property Maintenance Code and adopted city standards.
(b) It shall be unlawful to permit the occupancy of any structure or premises that is classified as unsafe, or contains unsafe equipment, or is unfit for human occupancy as defined by the Property Maintenance Code and adopted city standards.
(c) Declared a nuisance:
1. Any property or premises declared unsafe or unfit for human occupancy shall have proper notice served to the owner in the manner described in the code.
2. Additionally, there shall be posted in a conspicuous place at the property or premise a copy of such notice. The notice to detail a time frame for compliance with the cade and the remediation of the violations expected.
3. Upon failure to comply within the time granted the Director of Building and Housing or his/her designee shall order the property to be posted and placarded.
a. Notice to state that the property is unsafe or unfit for human occupancy and is order of the Director of Building and Housing or his/her designee condemned.
b. It shall be unlawful for anyone to occupy or permit to be occupied any property or premises that has been posted and placards affixed.
4. Abatement of the nuisance required.
a. The owner or owners of any property or premises having been served proper notice shall abate the violation or violations by the razing of the structure or parts thereof to the ground, or by rebuilding, repairing, or renovating the structure to a condition that effectively eliminates the listed violations in accordance with published codes, standards or ordinances so as to eliminate the unsafe or unfit conditions enumerated.
5. Failure to correct.
a. If the owner shall fail to abate the nuisance declared as specified above within a reasonable time after service, publication or posting of notice then the city shall abate such unsafe or unfit conditions by razing the building, structure or part thereof to the ground.
6. Costs.
a. The razing may be done by employment of labor or by contract: the salvage sold, and proceeds applied to the cost of razing and costs proceeding to abate.
b. In the case proceeds received as set out above are insufficient to pay costs of abatement, the owner shall be liable to the city for the balance of the costs of razing.
c. Costs to be recovered in a suit of law, and in the case the proceeds are more than the costs, the balance shall be paid to the owner or deposited into the city treasury for the use of the owner.
(I) Section 109.1 Imminent danger.
Add: Or when a building lacks sewer or water service.
(J) Subsection [A] 110.3 Failure to Comply. (Demolition, Failure to Comply):
Delete: Entire subsection.
Insert: Whenever the owner of a property fails to comply with a demolition order within the time period prescribed, the Code Official shall immediately report such failure to comply to the corporate authorities. The corporate authorities may demolish or cause the demolition of dangerous and unsafe buildings or uncompleted and abandoned buildings within the city by applying to the 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 lien holders of record, after at least 15 days written notice by mail to do so, have failed to demolish it. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building including the lien holders 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 subsection. The cost of such demolition incurred by the City of Markham, including court costs, attorneys’ fees and other costs related to the enforcement of this subsection 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. Within sixty (60) days after such demolition, the City of Markham shall file notice of lien of such cost and expense incurred in the office of the county recorder. The notice must consist of a sworn statement setting out (1) a 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 by the lien holder of record. Upon payment of the cost and expense by the owner or persons interested in the property after notice of lien has been filed, the lien shall be released by the city and the release may be filed of record as in the case of filing a notice of lien. Where the dangerous condition of a structure is deemed by the corporate authorities, upon recommendation of the code official to constitute an imminent and immediate danger to human life, the city may promptly raze or remove said structure or a portion thereof which has been deemed to cause such a danger in accord with applicable laws and procedures.
(K) Subsection [A] 110.5 Demolition or Structure Moving Permit. (Demolition, Demolition or Structure Moving Permit, new subsection):
Insert: A demolition or structure moving permit is required prior to any such work occurring on property within the City of Markham. To obtain a permit, the property owner or his authorized agent shall file an application for permit on a form furnished by the city for that purpose, and shall include a signed statement indicating the exact scope of demolition or structure moving work to occur on the subject property. Prior to issuance of a permit, the person, owner, agent, firm, or corporation engaged in the work of demolition or moving a structure shall provide copy of license to perform such work. A valid certificate of insurance in the amount of One Million Dollars ($1,000,000.00) must be submitted specific to the property where demolition or structure moving is to take place. A bond in the penal sum of ten thousand dollars ($10,000.00) with sureties to be approved by the Director of Building and Housing or his/her designee, to indemnify, keep and save harmless the City of Markham against any loss, cost, damage, expense, judgment, or liability of any kind whatsoever the city may suffer, or which may accrue against, be charged or be recovered from said city, or any of its officials from or by reason or on account of accidents to persons or property during any such demolition or moving operations and from or by reason or on account of anything done under or by virtue of any permit granted for such demolition or moving operations.
The bond in each case shall extend over the period of and cover all such demolition or moving operation. Each certificate shall list the City of Markham as the certificate holder. Prior to issuance of permit, the applicant shall submit written evidence to the Director of Building and Housing or his/her designee that the property for which such permit is to be issued has been inspected and treated for vectors and vermin by a person or persons duly qualified and licensed as exterminators in vermin and pest control. The inspection and treatment for vectors and vermin shall be made and conducted within forty-five (45) days preceding the commencement of demolition or moving. Prior to issuance of permit, it is required that the city be provided a certified inspection report from an Illinois licensed asbestos inspector certifying that the property is clear of any asbestos hazards before commencing demolition or moving, A separate permit from Cook County shall be required for the removal of asbestos containing material, should inspection discover the presence of asbestos containing material. Upon satisfactory report of removal and disposal of asbestos containing material by an Illinois licensed asbestos abatement contractor, the demolition or structure moving permit shall be issued providing all other requirements for such permit have been met. Provisions shall be made by the permit applicant to control erosion and dust during the demolition or structure moving process. Safety fencing shall be required, minimum forty-eight (48) to seventy-two (72) inches in height above grade around the entire perimeter of the project area and shall be installed prior to the commencement of work. Fees for all permits are subject to the current city schedule of fees and bonds.
(L) Subsection [A] 110.6 Demolition and Removal of Structures. (Demolition, Demolition and Removal of Structures, new subsection):
(1) Utilities. A demolition permit shall not be issued until the applicant has obtained and presented written statements from utilities or suppliers that electric, water, sanitary sewer and gas services to the building or structure have been properly disconnected and secured.
(2) At the time of demolition if the water service and sewer are located in the pavement both the water service and sewer shall be terminated within the property line in accordance with the approved engineering standard.
(3) Municipal utilities such as water, sewer and storm drainage lines shall be capped at the main lines unless special arrangements in writing have been made with the appropriate city department. Capping of the water, sewer and storm drainage lines at the mains if located in the street pavement, shall be accomplished at the time of demolition of the property.
(a) Excavations occurring in the public right-of-way shall require a separate right-of-way permit to be secured.
(4) A Cook County demolition permit is required for all primary structures located on a property unless excerpted by Cook County ordinance.
(5) The application for demolition shall show all structures and accessory structures including all footings, foundations and interior slabs being removed, including but not limited to fences, paved parking surfaces, retaining walls and the like. All footing, foundation or interior slabs shall be removed as part of the demolition.
(6) Safeguarding demolition of buildings. Any person in the process of demolishing buildings shall be responsible for the proper placing of warning signs, lights, or other signals to denote all danger spots in and about the building being wrecked. He or she shall make certain the excavation remaining after completion of the demolition is filled in and leveled so as to remove all hazards. When the area is to be again used for the construction of a building, all debris and materials resulting from the demolition shall be removed and the premises left in a clean condition.
(6a) Commence construction of a replacement building or structure on such property within three days after demolition: or
(a) Fill and grade the property to the extent that no hazard or attractive nuisance exists: remove all debris, construction materials and brush from the property; install a chain link fence on the perimeter of the perimeter of the former building site of the building or structure: and commence construction of a replacement building or structure within 30 days after demolition has been completed: or
(b) Fill and grade the property to an extent consistent with the grade of the property prior to demolition and pre-existing drainage patterns, as approved by the City Engineer; install and maintain a chain-link fence no less than 48 inches in height on the perimeter of the property; and sow the property with grass seed or other groundcover/landscaping so as to prevent erosion of the soil within 30 days after demolition has been completed.
(c) Owner of record shall be responsible to maintain the property in accordance with city property standards for grass, dumping, and the like.
(d) Failure to maintain property as required can result in legal action by the city and/or the city performing the required maintenance at the expense of the owner of record.
(7) Dust and airborne particle control shall be accomplished by the watering down of the structure being demolished and the site thereof during demolition and removal of debris, weather permitting, to that extent necessary to reasonably control dust and other air borne particles. Such dust and air borne particle control shall be accomplished by the use of one and one-half inches hose connected to a hydrant water meter.
(a) Hydrant meters are available from the Water Department at a cost to be set by the Water Department.
(8) The contractor shall contact the Building Department to schedule an inspection during demolition to ensure proper dust and airborne particle control is being performed.
(M) Section [A] 111 Means of Appeal. (Means of Appeal, delete entire section and insert new section):
Delete: Entire section.
Insert: See City Ordinance, Chapter 156, Board of Appeals, § 156.440 Appeals.
(N) Subsection [A] 201.3 Terms defined in other codes. (General, Terms defined in other codes, deletion, and insertion, fifth line):
Delete: "International Plumbing Code" in fifth line.
Insert: "Current edition of the Illinois State Plumbing Code".
(O) Section 202 Definitions. (Definitions, additions):
Add: Culvert. A tunnel carrying a stream or open drain under a roadway.
Add: Dangerous Landscaping. Any tree or shrub, or limb or portion thereof, which creates a risk of imminent danger or hazard to person or property in that it has broken or fallen or threatens to fall or come in contact with a building, neighboring property or overhead utility lines. Any tree or shrub, or limb or portion thereof, that blocks safe passage of or obstructs in whole or in part, streets, sidewalks, driveways, easements or bicycle paths; or in that it falls or threatens to fall and block safe passage after having become uprooted or unstable as a result of construction activity, disease, age, severe weather or any other event.
Add: Demolition and Construction Waste. Waste materials from the construction or destruction of residential, commercial, or industrial structures, including concrete, gravel, sand, soil, lumber or any type of excess fill or construction spoils.
Add: Ditch or Ditches. A narrow channel dug in the ground, typically used for drainage alongside a road or the edge of a field.
Add: Junk. Any discarded material, such as stoves, refrigerators, furniture, cabinets, carpet, construction lumber, unsecured fencing, damaged, martials that absorbed water, glass, automobile parts, toys, miscellaneous appliances, or excessive amounts of materials other than garbage, rubbish or refuse.
Add: Refuse. Any solid waste material.
Add: Vehicle. Any means in or by which someone travels, or something is carried or conveyed; a means of conveyance or transport.
(P) Subsection 301.4 Boarding Up of Vacant Property. (General, Boarding Up of Vacant Property, new subsection):
Insert:
(a) All boarding up of vacant buildings or structures shall be done in consultation with the Director of Building and Housing or his/her designee and shall be constructed and covered in such a manner as to be visually harmonious with the adjacent covering of the building and the character of its environs. Broken doors or windows shall be boarded up.
(b) The property owner shall correct broken door(s) and/or window(s) within 30 days.
(c) If not collected within the 30-day period, a fine of not less than $500 nor more than $2,000 shall be imposed for each offense and shall be charged for each day the violation continues.
(d) The owner shall notify the Director of Building and Housing or his/her designee of his intentions no later than ten days prior to the actual boarding up or, in the event of an emergency need, immediately thereafter.
(e) The owner may apply to the Director of Building and Housing or his/her designee for an extension of such time period.
(f) The owner or agent is responsible to repair visually offensive defects to the building structure and surrounding buildings or fences on the property, to keep the interior and exterior premises clean and the grass and hedges trimmed and to maintain public and private walkways adjacent to the property free of snow and debris.
(g) Posting of Responsible Agent:
1. Every residential, non-residential building, commercial, or industrial building structures shall provide a placard indicating the name, phone, address, and address of the person, owner, agent, firm, or corporation responsible for maintenance and repair of the structure.
2. Such placard shall be conspicuously posted at the front of the property.
3. Minimum size of placard shall be 8.5 inches by 11 inches.
4. Placard shall be weather resistant.
5. Lettering shall be a minimum of one inch in height and centered horizontally across the placard. The label shall be of contrasting material.
(Q) Subsection 302.1 Sanitation. (Exterior Property Areas, Sanitation, new additions):
Add: Any storage of salt on the exterior of private property for use in snow and ice control is prohibited. Exterior balconies and porches may not be used as storage areas.
(R) Subsection 302.2.1 Drainage System Discharge. (Exterior Property Areas, Grading and Drainage, Drainage System Discharge, new subsection):
Add: The drainage system sump shall discharge to grade a minimum of three (3) feet (914 mm) from the exterior wall of the building. Sump pump discharge shall not be connected to the sanitary sewer. Splash blocks shall be required at all sump pump discharge lines. Splash blocks shall be constructed of concrete or other material acceptable to the Director of Building and Housing or his/her designee and be designed to carry water at least three (3) feet (914 mm) but not more than five (5) feet from the exterior wall of the building. It shall be mandatory to carry the water flow away from the direction of the adjacent side lot so that the water will not empty onto such property as it flows from the sump pump discharge. If an underground drainage system is used to carry sump discharge water away from the building instead of using splash blocks, there shall be an "air-gap" between the discharge pipe at the house prior to entering the sump extension. Sump pump discharge shall be dispersed so as not to saturate the ground or run off into adjacent properties. Sump pump discharge water shall not accumulate on to public walkways.
(S) Subsection 302.2.2 Roof Drainage. (Exterior Property Areas, Grading and Drainage, Roof Drainage, new subsection):
Insert: Gutters and downspouts shall be installed on all roofing systems. All gutters and downspouts shall be securely fastened to the building. Downspouts shall not be connected to the sanitary or storm sewer. Splash blocks are required at the bottom of downspouts and shall be construction of concrete or other material acceptable to the Director of Building and Housing or his/her designee and shall be designed to carry water at least three (3) feet (914 mm) but not more than five (5) feet (1,523 mm) from the exterior wall of the building. It shall be mandatory to carry the water flow away from the direction of the adjacent side lot so that the water will not empty onto such property as it flows from the downspout channel. If an underground drainage system is used to carry downspout discharge water away from the building instead of using splash blocks, there shall be an “air-gap” between the downspout discharge at the house prior to entering the downspout extension. Downspout discharge shall be dispersed so as not to saturate the ground or run off into adjacent properties. Downspout discharge water shall not accumulate on to public walkways.
(T) Subsection 302.2.3 Ditches and Culverts. (Exterior Property Areas, Grading and Drainage, Ditches and Culverts, new subsection):
All ditches and culverts, whether located on a private property or the public way shall be graded with due regard to the existing surrounding terrain so as to follow its grade to permit the normal flow of water and to assure the best possible drainage. All ditches and culverts shall be free flowing and free of obstructions and debris.
(U) Subsection 302.3.1 Repairs. (Exterior Property Areas, Sidewalks and Driveways, Repairs, new subsection):
Insert: Any area, by reason of its state of repair, constitutes a danger to health or safety, shall be repaired or replaced. Hazards and unsanitary conditions shall be eliminated.
(V) Section 302.3.2 Accumulation of Ice and Snow. (Exterior Property Areas, Sidewalks and Driveways, new subsection):
Insert: All accumulations of ice and snow upon buildings, structures, or any portions thereof which overhang a right-of-way shall be promptly removed.
(W) Subsection 302.4 Weeds. (Exterior Property Areas, Weeds):
Delete: Entire subsection.
(a) It shall be unlawful for any owner or person in control of any real property to permit any weeds, grass or plants, other than trees, bushes, flowers, or other ornamental plants to grow to a height exceeding six inches within the city. Any such weeds, grass or plants exceeding such height are hereby declared to be a nuisance and violation of this ordinance.
(b) Weeds shall be defined as all grasses, annual plants and vegetation, any plant of volunteer growth which is not cultured or specifically grown for human food, any high growth of grass or plants that may conceal garbage, rubbish, refuse, junk or other unhealthy deposits or any growth which constitutes a fire hazard when dry or when the fire load density is great.
(c) Jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind found growing in any lot or tract of land in the city are declared to be a nuisance and violation of this ordinance. It is unlawful to permit any such weeds to grow or remain in any such place. (Former § 97.15)
(d) Noxious weeds shall be prohibited as required by the Illinois noxious weed law (ILCS Ch. 505, Act 100, § 11), These weeds are common ragweed, giant ragweed, Canada thistle, perennial sow thistle, musk thistle, marijuana and perennial members of the sorghum genus. Also prohibited are exotic weeds as required by the Illinois Exotic Weed Act (ILCS Ch. 525, Act 10). These weeds are Japanese honeysuckle, multiflora rose and purple loosestrife.
Exceptions to this subsection are as follows:
(e) Notice to abate nuisance. Notice to abate a violation of this chapter shall be given by the city by posting a sign regarding the violation on the premises of the property in violation. The sign shall be posted in a conspicuous place near the main entrance of the structure. The posted sign shall be at least eight and one-half inches in height and five and one-half inches in width and at the top of thereof in large letters shall state the words, “Notice to Abate.” The text of the notice shall contain a reference to this section, and demand abatement of the nuisance within 48 hours. It shall be unlawful for anyone to deface, tamper with, or remove the “Notice to Abate” sign from the property where it is posted unless authorized by the city.
(f) Abatement. If, after a notice to abate is served, the owner, occupant or person in control of the real estate does not abate the nuisance within 48 hours of such notice, the city may undertake the removal and disposal of plant growth in violation of this chapter. The city shall for the purpose of abating the nuisance have the right of entry upon the respective property. The costs incurred by the city for such removal shall be charged to the person or entity owning, leasing, occupying or controlling such real estate. The removal cost shall be the reasonable cost to the city in setting up, maintaining, and operating the required equipment as well as the wages paid to the operators/contractors and overhead paid on the equipment, personnel costs and an administrative cost, in the amount of $100, which shall be included in the calculation of the costs that shall be charged to and paid by the owner or occupant. The city shall prepare an invoice for the cost and expense of removal and forward said invoice to the owner or occupant with a demand for payment in full within 30 days of the invoice.
(g) Failure to Remove Weeds from Premises; Lien Claim. In the event payment is not received within 30 days of issuance of an invoice, the city may file a notice of lien in the office of the Cook County recorder of deeds for the charges incurred to abate the nuisance. The notice of lien shall be filed within one year after the removal cost is incurred. If, for any one parcel, the city engaged in any removal activity on more than one occasion during the course of one year, then the city may combine any or all of the costs of each of those activities into a single notice of lien.
(h) Foreclosure of Lien.
1. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof, (2) the amount of the removal cost, and (3) the date or dates when the removal cost was incurred by the city. Notice of the lien claim shall be personally served on, or sent by certified mail to, the person to whom the prior year's tax bill was sent. The notice to the owner must include: (1) the identification of the property at issue, (2) a summary of the statutory authority authorizing the lien action, i.e., 65 ILCS 5/11-20-7 and 65 ILCS 5/11-20-15, both as amended, (3) summary of this chapter, which implements the statutory authority referenced prior hereto and for which the owner is charged with violating and (4) a description of the removal activity.
2. The lien provided for by this section shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the removal activity and prior to the filing of the notice of lien, or to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of the notice of lien.
3. A lien under this section may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens. An action to foreclose a lien under this section must be commenced within two years after the date of filing the notice of lien.
4. Upon payment of the lien cost by the owner of, or persons interested in, the real estate after the notice of lien has been filed, the city shall release the lien and the release may be recorded in the office of the Cook County recorder of deeds.
5. The Corporation Counsel is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over such matter, against any property for which abatement costs remain unpaid 30 days after they have been rendered.
(i) Penalties. Notwithstanding any abatement costs that may be incurred by a person or entity pursuant to this chapter, any person violating any provision of this chapter shall be fined not less than $25 nor more than $750 for each offense. Every day that a violation exists constitutes a separate offense. Proceedings to enforce violations of this chapter may be initiated and conducted in accordance with and pursuant to the provisions of the Markham Code of Ordinances providing for administrative adjudication of code violations or by any other means provided by law.
(j) The availability or imposition of any of the foregoing penalties, fines and/or costs shall not limit or preclude any other remedy or remedies by way of revocation, injunction or other relief available to the city, either at law or in equity.
(X) Subsection 302.4.1 Lawns and Hedges. (Exterior Property Areas, Weeds, Lawns and Hedges, new subsection):
Insert:
(a) All premises shall be appropriately maintained. Lawns, hedges, bushes, trees and other vegetation shall be kept trimmed and prevented from becoming overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property.
(b) Any tree or bush that interferes with, obstructs, tends to obstruct, or renders dangerous the free passage, use or vision in the customary manner of any sidewalk, thoroughfare, street, or highway in the city is declared to be a nuisance, and it shall be unlawful to permit any such tree or bush to grow or remain in any such place in violation of this chapter.
(c) Any landscaping, visible from public property, that is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated appearance; uncultivated shrubs or growth (whether growing or otherwise) higher than eight inches; or any dead trees, bushes, shrubs or portions thereof are declared to be a nuisance, and it shall be unlawful to permit any such tree, bush, shrub, or growth to grow or remain in any such place in violation of this chapter.
(d) Notice to abate Nuisance. Notice to abate a violation of this chapter shall be given by the city by posting a sign regarding the violation on the premises of the property in violation. The sign shall be posted in a conspicuous place near the main entrance of the structure. The posted sign shall be at least eight and one-half inches in height and five and one-half inches in width and at the top of thereof in large letters shall state the words, "Notice to Abate." The text of the notice shall contain a reference to this section, and demand abatement of the nuisance within 48 hours. It shall be unlawful for anyone to deface, tamper with, or remove the "Notice to Abate" sign from the property where it is posted unless authorized by the city.
(e) Abatement. If, after a notice to abate is served, the owner, occupant or person in control of the real estate does not abate the nuisance within 48 hours of such notice, the city may undertake the removal and disposal of plant growth in violation of this chapter. The city shall for the purpose of abating the nuisance have the right of entry upon the respective property. The costs incurred by the city for such removal shall be charged to the person or entity owning, leasing, occupying or controlling such real estate. The removal cost shall be the reasonable cost to the city in setting up, maintaining, and operating the required equipment as well as the wages paid to the operators/contractors and overhead paid on the eguipment, personnel costs and an administrative cost, in the amount of $100, which shall be included in the calculation of the costs that shall be charged to and paid by the owner or occupant. The city shall prepare an invoice for the cost and expense of removal and forward said invoice to the owner or occupant with a demand for payment in full within 30 days of the invoice.
(f) Failure to Remove Weeds from Premises; Lien Claim. In the event payment is not received within 30 days of issuance of an invoice, the city may file a notice of lien in the office of the Cook County recorder of deeds for the charges incurred to abate the nuisance. The notice of lien shall be filed within one year after the removal cost is incurred. If, for any one parcel, the city engaged in any removal activity on more than one occasion during the course of one year, then the city may combine any or all of the costs of each of those activities into a single notice of lien.
(g) Foreclosure of Lien.
1. The notice of lien shall consist of a sworn statement setting out: (1) a description of the real estate sufficient for identification thereof, (2) the amount of the removal cost, and (3) the date or dates when the removal cost was incurred by the city. Notice of the lien claim shall be personally served on, or sent by certified mail to, the person to whom the prior year's tax bill was sent. The notice to the owner must include: (1) the identification of the property at issue, (2) a summary of the statutory authority authorizing the lien action, i.e., 65 ILCS 5/11-20-7 and 65 ILCS 5/11-20-15, both as amended, (3) summary of this chapter, which implements the statutory authority referenced prior hereto and for which the owner is charged with violating and (4) a description of the removal activity.
2. The lien provided for by this section shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the removal activity and prior to the filing of the notice of lien, or to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arose prior to the filing of the notice of lien.
3. A lien under this section may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens. An action to foreclose a lien under this section must be commenced within two years after the date of filing the notice of lien.
4. Upon payment of the lien cost by the owner of, or persons interested in, the real estate after the notice of lien has been filed, the city shall release the lien and the release may be recorded in the office of the Cook County recorder of deeds.
5. The Corporation Counsel is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over such matter, against any property for which abatement costs remain unpaid 30 days after they have been rendered.
(h) Penalties. Notwithstanding any abatement costs that may be incurred by a person or entity pursuant to this chapter, any person violating any provision of this chapter shall be fined not less than $25 nor more than $750 for each offense. Every day that a violation exists constitutes a separate offense. Proceedings to enforce violations of this chapter may be initiated and conducted in accordance with and pursuant to the provisions of the Markham Code of Ordinances providing for administrative adjudication of code violations or by any other means provided by law.
(i) The availability or imposition of any of the foregoing penalties, fines and/or costs shall not limit or preclude any other remedy or remedies by way of revocation, injunction or other relief available to the city, either at law or in equity.
(Y) Subsection 302.5 Rodent Harborage. (Exterior Property Areas, Rodent Harborage, add to end of subsection):
Add: Any storage or placement of materials on property within the city in a manner which may harbor pest and wildlife infestation is hereby declared to be a nuisance and in violation of this ordinance. Any type of infestation shall immediately be abated.
(Z) Subsection 302.7.1 Removal or Rehabilitation of Accessory Structures. (Exterior Property Areas; Accessory Structures, Removal or Rehabilitation of Accessory Structures, new subsection):
Insert: All dilapidated or collapsed accessory structures on any property shall be removed or rehabilitated within 30 days after proper notification or as may be allowed by extension from the Director of Building and Housing.
(AA) Subsection 302.8.1 Inoperable or Unlicensed. (Exterior Property Areas, Motor Vehicles, Inoperable or Unlicensed, new subsection):
Insert: All inoperable, unlicensed motor vehicles or motor vehicles not displaying a current city sticker on public or private property, are hereby declared to be a nuisance and a violation of this ordinance. "Inoperable motor vehicle" shall mean any motor vehicle from which the windows, fenders, bumpers, doors, engine, wheels, or other parts have been removed, or on which the windows, fenders, bumpers, doors, engine, wheels or other parts have been altered, damaged, does not function as intended or otherwise so treated that the vehicle is incapable of being driven.
(BB) Subsection 302.8.2 Motor Vehicle Parking. (Exterior Property Areas, Motor Vehicles, Motor Vehicle Parking, new subsection):
Insert: No motorized or nonmotorized vehicle, including but not limited to trailers, cars, and watercrafts, shall be parked on any unpaved, grassy or solid surface area of the property. The parking or storage of any vehicle outside of a structure shall be placed on a properly constructed concrete, asphalt or other surface approved by the City.
(CC) Subsection 302.10 Equipment Storage. (Exterior Property Areas, Equipment Storage, new subsection):
Insert: It is hereby declared a nuisance and a violation of this ordinance for an owner of real estate within the city to store out in the open on the exterior of private property construction equipment, snow removal equipment or landscaping equipment. All yards, courts, or lots shall be kept free from unsightly materials not appropriate to the area and debris, which may cause a fire hazard or may act as a breeding place for vermin, wildlife, insects, or constitute a location for rodent harborage.
(DD) Subsection 302.11 Landscaping. (Exterior Property Areas, Landscaping, new subsection):
Insert: All premises and exterior property shall be maintained and be free from dead or dangerous landscaping including dead trees. Removal of dead or dangerous landscaping from residential and non-residential property, a replacement plan in compliance with city code and/or site specific development ordinance regulations shall be submitted for compliance review.
(EE) Subsection 302.12 Screening of Outdoor Storage. (Exterior Property Areas, Screening of Outdoor Storage, new subsection):
Insert:
(a) In business and industrial zoning districts all storage, with the exception of limited display of merchandise, as approved by the Director of Building and Housing or his/her designee, shall be kept within the enclosed building or obscured from public view by a solid fence or wall not less than eight feet in height or by densely planted vegetation so designed and planted as to be 75% opaque when viewed horizontally between two and eight feet above ground level.
(b) In residential districts all outdoor storage for a continuous period exceeding 15 days in length shall be enclosed or obscured from view as required for storage in business and industrial districts.
1. Maximum fence height is six feet.
2. Storage of functional items as children's play structures, firewood, and operable automobiles and bicycles shall be exempt from the provisions of this section.
(FF) Subsection 302.13 Storage in Commercial Building Windows. (Exterior Property Areas, Storage in Commercial Building Windows, new subsection):
Insert:
(a) In non-residential buildings, except for display merchandise, no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view unless such areas are first screened from public view by drapes, Venetian blinds, or other rendering of such window opaque to public view.
(b) All such screening of interiors shall be maintained clean and in a good state of repair.
(GG) Subsection 302.14 Fences and Retaining Walls. (Exterior Property Areas, Fences and Retaining Walls, new subsection):
Insert:
(a) All fences, retaining walls and similar structures shall be kept in good repair, or be removed or replaced.
1. Fences shall be considered requiring maintenance when they lean beyond 15 degrees from plumb.
(b) All fences shall be periodically treated with chemicals or paint to retard deterioration, unless such deterioration is superficial deterioration designed to enhance appearance.
(HH) Subsection 303.1.1 Regulation. (Swimming Pools, Spas and Hot Tubs, Regulation, new subsection):
Insert: Swimming pools are to be regulated by the current city ordinance governing the maintenance, use and equipment of private swimming pools, spas, hot tubs and portable or temporary pools in residential zoning districts where it is more stringent than this code. All other installations shall be regulated by this code and other applicable codes and ordinances.
(II) Subsection 304.3 Premises Identification. (Exterior Structure, Premises Identification):
Delete: Entire subsection.
Insert:
(a) All single-family residential buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm).
(b) All non-single-family residential buildings, condominiums, commercial, industrial and non-residential buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be not less than 6 inches (152.4 mm) in height with a minimum stroke width of 0.75 inch (12.7 mm).
Exception: All apartments, condominiums, commercial, industrial and non-residential buildings that is 100 feet or more from the road shall be not less than 12 inches (304.8 mm) in height with a minimum stroke width of 1.5 inch (38.1 mm).
(JJ) Subsection 305.7 Window Coverings. (Interior Structure, Window Coverings, new subsection):
Insert: All exterior facing windows shall be equipped with blinds, shades, drapes, or curtains. Any other material used to cover windows is hereby prohibited.
(KK) Subsection 304.14 Insect Screens. (Exterior Structure, Insect Screens, delete [DATE] and insert new section):
Delete: [DATE].
Insert: January 1 to December 31.
(LL) Subsection 304.18.1.1 Peephole. (Exterior Structure, Peephole, new subsection):
Insert: Peepholes at the entrance door shall be provide and maintained. The peephole must be located so as to enable a person to view from the inside of the entrance door any person immediately outside the entrance door.
(MM) Subsection 304.20 Non-operative Signs. (Exterior Structure, Non-operative Signs, new subsection):
Insert: All non-operative or broken electrical signs shall be repaired or, with their supporting members, be immediately removed.
(NN) Subsection 304.21 General Maintenance of Exterior Premises. (Exterior Structure, General Maintenance of Exterior Premises, new subsection):
Insert:
(a) The owner or operator shall keep the exterior of all premises and every structure thereon including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, store fronts, signs, windows, doors, awnings, marquees, and accessory structure in good repair.
(b) All surfaces thereof shall be kept painted or protected with other approved coating material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties.
(c) All obsolete signs shall be removed.
(d) All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved safely and fire hazards eliminated, and adjoining property and the neighborhood protected from blighting influences.
(OO) Section 308 Rubbish and Garbage. (Deletion and insertion, title):
Delete: "Rubbish and Garbage".
Insert: "Rubbish, Garbage and Storage".
(PP) Subsection 308.1 Accumulation of Rubbish, Garbage, or Storage. (Rubbish, Garbage and Storage, Accumulation of rubbish, garbage, or storage addition after third line):
Add: It is hereby declared a nuisance and a violation of this ordinance for an owner of real estate within the city to allow:
(a) Garbage, rubbish, junk, debris, refuse, construction material, dead tree limbs, dead branches, dead twigs, dead sticks from trees, overgrowth, grass clippings, or waste to remain outside in the open air upon that property. All garbage rubbish, junk, refuse or construction material or waste must be enclosed in containers. No container shall be stored in the front yard, including that area between the building and front yard, or stored in the corner-side or side yard of any property including that area between the building and that yard.
(b) Accumulate and storage of demolition and construction waste, junk or other materials or devices to create a fire, safety, health or hazard to the premises or occupants in all common areas including limited common areas.
(c) Storage of gasoline and similar combustible liquids in multi-family dwellings shall be locked in an approved fire-resistant cabinet.
(d) Storage of a motorcycle, moped, gasoline powered lawn mower, snowblower or other similar equipment which may contain a hazardous material including.
(QQ) Subsection 308.3.3 Access to Garbage Storage Areas. (Rubbish and Garbage, Disposal of garbage, new subsection):
Insert: It shall be the responsibility of the owner to remove snow and ice in such a manner as to allow ready access to garbage storage areas for tenants and privates scavengers. 630.476.0131.
(RR) Subsection 404.7.1 Equipment and Appliances. (Occupancy Limitations, Food preparation, Equipment and Appliances, new subsection):
Insert: All rental dwelling units shall be provided with a kitchen sink, stove appliance and refrigeration appliance, each having a minimum clear working space of 30 inches (762 mm). A mechanical ventilation system shall be installed above the stove and be recirculating or discharge to the outdoors through sheet metal ducts constructed of galvanized steel, stainless steel, aluminum or copper. Such ducts shall have smooth inner walls, shall be airtight, shall be equipped with a backdraft damper, and shall be independent of all other exhaust systems.
(SS) Subsection 404.8 New Occupancy in Existing Non-Residential Space. (Occupancy Limitations, New Occupancy in Existing Non-Residential Space, new subsection):
Insert: No property, premises, building or tenant space within a non-residential building shall be occupied or re-occupied without first having been inspected by the City Building and Housing Department and the Fire Department to ensure compliance with zoning, health, fire, safety, general welfare of the public and any other applicable City ordinance requirements. This verification of compliance is to be initiated through building permit application for an occupancy inspection.
(TT) Subsection [P] 502.5 Public Toilet Facilities. (Required Facilities, Public Toilet Facilities, deletion and insertion, third line):
Delete: "International Plumbing Code” in third line.
Insert: "Current edition of the Illinois State Plumbing Code".
(UU) Subsection [P] 505.1 General. (Water System, General, deletion and insertion, seventh line):
Delete: "International Plumbing Code" in seventh line.
Insert: "Current edition of the Illinois State Plumbing Code".
(VV) Subsection 602.3 Heat Supply. (Heating Facilities, Heat Supply, delete [DATE] and insert new section):
Insert: September 1 to June 1.
(WW) Subsection 602.3 Heat Supply: Exceptions. (Heating Facilities, Heat Supply, all exceptions and insert new section):
Insert: 602.3.1 Minimum Daily Temperature. The minimum daily temperatures between September 1 and June 1 shall be as follows below.
(a) Seventy-two (72) degrees Fahrenheit from 6:30 a.m. to 10:30 p.m.
(b) Sixty-five (65) degrees Fahrenheit from 10:30 p.m, to 6:30 a.m.
(c) Such temperatures shall be consistent throughout all habitable rooms, bathrooms and toilet rooms.
Insert: 602.3.2 Responsibility. It shall be the duty of the person, owner, agent, firm, or corporation in charge of any premises used as a rental property.
Where there is a central heating plant controlled by the owner or such persons in charge, to maintain and provide heat during the periods identified in 602.3.1.
(XX) Subsection 602.4 Occupiable Work Spaces. (Heating Facilities, Occupiable Work Spaces, delete [DATE] to [DATE] and insert new section):
Insert: September 1 to June 1.
(YY) Subsection 605.5 Doorbell. (Electrical Equipment, Doorbell, new subsection):
Insert: A doorbell must be installed with the appropriate low voltage transformers, front of dwelling,
(ZZ) Subsection 606.1 General. (Elevators, Escalators and Dumbwaiters, General, add to end of subsection):
Add: Elevators and conveying systems shall be maintained in conformance with State of Illinois section 140 of the Elevator Safety and Regulations Act (ILCS Ch. 225, Act 312, § 140) and the administrative rules (41 Ill. Adm. Code 1000). Elevator and conveying systems shall be maintained in compliance with the following standards and guidelines:
(a) Safety code for elevators and escalators (ASME A 17.1-20 1 0/CSA B44-1 0) and performance-based safety code for elevators and escalators (ASME A17.7-2007/CSA B44.7-07).
(b) Guide for inspection of elevators, escalators and moving walks (ASME A 17.2-2010).
(c) Safety code for existing elevators and escalators (ASME A 17.3-2005) upgrades required by section 35(h) of the Elevator Safety Act shall be completed in the time frame specified therein.
(d) Safety standard for platform lifts and stairway chair-lifts (ASME A 18 1-2008).
(e) Standard for the qualifications of elevator inspectors (ASME QELT-2010).
(f) Automated people mover standard (ASCE 21-05), part I, 2005/2006.
(g) Automated people mover standards (ANSHASCETT&D121.2-08), parts 2. 3 and 4. 2008.
(Prior Code, § 151.02) (Ord. 84-O-1138, passed 1-16-1984; Ord. 04-O-1790, passed 3-17-2004; Ord. 21-O-2299, passed 4-21-2021; Ord. 21-O-2306, passed 8-18-2021; Ord. 21-O-2319, passed 12-1-2021; Ord. 22-O-2337, passed 9-7-2022)