(A) The 2018 Property Maintenance Code as published by the International Code Council and as from time to time amended, is hereby adopted and incorporated in full as if set forth at length herein and shall apply and control within the Village of Midlothian, save and except such portions as hereinafter deleted, modified or amended.
(B) Other Code References. References to International Codes and other codes herein shall mean and apply as follows:
1. International Building Code (IBC) as adopted and amended by the Village of Midlothian.
2. References to the International Existing Building Code are hereby deleted.
3. International Fire Code (IFC) references shall be deleted and replaced with the National Fire Code, 2009 Edition published by the National Fire Protection Association, the National Fire Protection Association Code (NFPAC) #1, 2009 Edition, the National Fire Protection Association Code 101, Life Safety Code, 2009 Edition and their subsequent revisions and the whole thereof, except such portions pertaining to the organization, administration, operation, and equipment of the fire department and such portions as are otherwise inapplicable to the Village, or as are hereinafter deleted, modified or amended by the Village of Midlothian.
4. International Plumbing Code (IPC) references shall be deleted and replaced with the Illinois Plumbing Code as adopted and amended by the Village of Midlothian.
5. International Residential Code (IRC) as adopted and amended by the Village of Midlothian.
6. International Mechanical Code (IMC) and the International Fuel Gas Code (IFGC) as adopted and amended by the Village of Midlothian.
7. References to the International Private Sewage Disposal Code is hereby deleted and replaced with the provisions of Title III, Chapter 5 of the Village Code.
8. International Property Maintenance Code (IPMC) as adopted and amended by the Village of Midlothian.
9. References to NFPA 70-the National Electrical Code is hereby deleted and replaced with the provisions of the 2017 Chicago Electrical Code as adopted and amended by the Village of Midlothian.
10. References to Accessible and Usable Buildings and Facilities is hereby deleted and replaced with the Illinois Accessibility Code as adopted by the Village of Midlothian.
(C) Amendments. The following amendments to the 2018 edition of the International Property Maintenance Code, shall apply in the Village of Midlothian:
1. Section 101.1 shall name the Village of Midlothian as the jurisdiction and shall state the following: These regulations shall be known as the "Property Maintenance code of the Village of Midlothian," hereinafter referred as "this code."
2. Section 103.5 referencing "Fees" shall be amended to provide the fees for activities and services performed by the department in carrying out its responsibilities under this code and shall be determined by Village Board Resolution and published by the Village Clerk or Building Superintendent.
3. Section 109.4 referencing "Emergency Repairs" shall be amended to provide the following: Application for a permit must be made for all repair work requiring permits under this Code however, where equipment replacement and repairs must be performed in an emergency situation making prior application impracticable, the permit application shall be submitted within the next business day to the building official.
Maintenance items such as painting, sealing, decorating and repair related home improvements are not considered to be repairs and do not require that a fee be paid. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
4. Section 111 referencing "Means of Appeals" is hereby amended to delete all its provisions except for Section [A] 111.1 which is amended to provide as follows: Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal under the provisions of 4-20-4 of the Village Code.
5. Section 302.4 referencing "Weeds" is hereby amended to delete its provisions and replace with the following provisions: All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches (8") except as provided in this section. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include common turf grasses under eight inches (8") in height, cultivated flowers and gardens.
Action to Cut or Destroy Weeds: Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with section 4-20-4 of the Village Code. Upon failure to comply with the notice of violation, any duly authorized employee of the village or contractor hired by the village 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.
6. Section 303 referencing "SWIMMING POOLS, SPAS AND HOT TUBS" is hereby deleted and the provisions of 4-5-1 of the Village Code shall apply.
7. Section 304.14 referencing "Insect screens" is hereby amended to add the requirement dates of April 1, to November 1, of each year.
8. Section 308 referencing "RUBBISH AND GARBAGE" is hereby amended to add the following provisions after Section 308.3.2 as follows:
(a) Violations: With regard to residential or commercial properties, the following shall be a violation of this chapter:
(1) Open Garbage or Refuse For Scavenger Pick Up: To allow, cause or permit garbage or refuse to be set out upon the parkways, at the rear of store buildings, or other places, for the purpose of being picked up by a garbage or scavenger collector, in containers which are not suitable or which permit or allow the garbage/refuse contents to be scattered or blown around, causing an unclean and unhealthy condition.
(2) Scavenger Pick up Timing: To place, cause or permit any tangible thing to be placed upon or permitted to remain upon any parkway within the village, except for the purpose of being picked up by a regularly scheduled scavenger service; to allow or permit the placement of items for pick up by a scavenger service upon any parkway sooner than four o'clock (4:00) P.M. the day before the regularly scheduled day for pick up; to allow or permit containers or other tangible things to remain upon any parkway after ten o'clock (10:00) P.M. of the regularly scheduled day for scavenger service pick up.
(3) Garbage Or Refuse On Premises: To cause or permit to remain on any premises garbage, refuse, ashes, miscellaneous waste or any animal or vegetable matter which is likely to become offensive or injurious to health or to be blown about by the wind at any time, except in approved containers with tightfitting covers thereon from which regular garbage collection is made at least once a week or as otherwise provided in this code.
(4) Storage of Junk: To permit or maintain an unsightly yard, lot or premises where there is an accumulation or deposit of junk or debris including but not limited to, metal, glass or plastic containers, broken glass, metal or plastic materials, refuse, yard waste, straw, tree stumps, tree clippings, brush, discarded or broken building materials, discarded sod, lumber, brick or concrete blocks not in use as landscaping, machinery or parts thereof, or other like matter or things. It shall be unlawful for any person owning, leasing, occupying or controlling any plot of real estate to permit the accumulation or deposit of the aforesaid junk and debris.
(5) Garbage, Debris, Yard Waste and Snow in Street/Public Way: It shall be unlawful to blow, rake, place or cause the accumulation of yard waste, manure, grass clippings, leaves, twigs, branches, trees, ashes, stone, sand, snow, ice, dirt, building materials or debris or other refuse of any kind on the public way or street.
(6) Discarded, broken or unused building materials incident to construction on the site where the debris is located shall not remain on the plot for more than seven (7) days. Failure to remove said building materials within seven (7) days or permitting the deposit or accumulation of any of the other garbage or debris described in this chapter for any period of time shall constitute a violation of this chapter.
Action to Remove: In the event any person notified as provided in this chapter shall fail or refuse to comply with said notices or citations, the village may cause such garbage, debris or junk to be removed in any manner provided by law, and to charge the cost of such removal to any person owning, leasing, occupying or controlling such real estate. The cost for so doing shall be calculated on the basis of an administration fee of two hundred and fifty dollars ($250.00), plus the actual cost of garbage and debris removal. The administrative fee and costs shall be in addition to any fine imposed under 4-20-6 of the Village Code.
(7) An authorized village official or representative thereof shall serve or cause to be served a notice or citation upon any person owning, leasing, occupying or controlling any real estate within the village upon which the prohibited conditions described in this chapter are found to exist. The notice requiring them to remove the garbage debris and waste constituting a violation of this chapter within twenty-four (24) hours shall be made in accordance with the provisions of 4-20-4 of the Village Code.
(8) Lien Upon Property: The cost and expense incurred by the village, and/or by the person or firm performing the service by authority of the village, in the abatement of the nuisance following the refusal or failure of the responsible party to abate the nuisance, including reasonable attorney fees, shall constitute a lien upon the real estate affected, which lien shall be enforced as provided by statute. The village shall provide notice of the lien either by personally serving or sending notice by certified mail to the person to whom was sent the tax bill for the general taxes on the property for the last preceding year.
(9) Repeat Offender: Any commercial or residential property within the village that has been previously issued a notice or citation under this section within the same calendar year will be considered a repeat offender and the village shall have the authority to abate the violation without additional prior notice, and the real estate property owner will have a lien placed upon this property as provided for in 4-20-10(B) of the Village Code and applicable law.
(10) Burning Garbage Or Leaves: It shall be illegal to burn materials in any fashion not permitted by section 6-8-15 of the Village Code. (Ord. 1872, 6-11-2014)
(11) Open Building Materials: To create or allow to be created or to remain upon any premises in a residential district for a period of more than seven (7) days, unless incident to construction on the premises and then not to exceed thirty (30) days, the storing, piling, accumulating, heaping, amassing or collecting bricks, concrete blocks, lumber, iron, pipe or any building materials in such quantities that the same is, or may become a threat to the health of individuals or the public; or that the same is unsightly, unhealthy and a detriment to those living in the neighborhood or to the public; or that the same may or does become dangerous to children present in the neighborhood; or that the same may become an attraction to rats or other vermin and thereby become a danger to the health of any individual or the public.
(12) Business Use of Public Property: To use or occupy any part of a street, parkway, alley or sidewalk of the village for the purpose of carrying on, soliciting or promoting any trade, business or other enterprise; also, to cause or permit the storage of any product, supplies for or equipment incidental to the operations of such business or enterprises, upon any street, parkway, alley or sidewalk within the village.
(13) Obstructing Public Ways: To obstruct or encroach upon public streets and highways, private ways, streets, alleys, sidewalks, parking lots or public places of the village so as to interfere with the passage of vehicles or persons thereon. (Ord. 1764, 9-14-2011)
9. Section 506.1 referencing "General" is hereby amended to delete the words "either" and "or to an approved private sewer disposal system" so as to require and allow only a connection to a public sewer system.
10. Section 602.3 referencing "Heat supply" is hereby amended to add the following dates in the first paragraph to read "from October 1 to May 15."
11. Section 602.4 referencing "Occupation work spaces" is hereby amended to add the following dates in the first paragraph to read “from October 1 to May 15." (Ord. 1721, 5-12-2010; amd. Ord. 2045, 1-8-2020)