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In the event of conflicts among the codes adopted pursuant to this subchapter, or among such codes and this subchapter, the following rules shall apply.
(A) The provisions of this subchapter shall prevail over the provisions of any code.
(B) The Illinois Plumbing Code shall prevail over the provisions of any other code.
(C) The IRC shall prevail over the IBC with respect to one- and two-family dwellings.
(D) In the event of any other conflict, the most stringent requirement shall apply.
(Prior Code, § 156.012) (Ord. 2007-016, passed 5-21-2007)
No existing building or structure not in compliance with any of the codes adopted herein as of the effective date of this subchapter or of any amendment hereto, and no building, the foundation of which has been laid as of the effective date of this subchapter or any amendment hereto which is completed within six months of the effective date of this subchapter or the amendment, shall be deemed to be in violation of this subchapter by reason of continuation of the non-complying condition; nor is any owner required to bring any such structure into compliance with any code adopted hereunder.
(Prior Code, § 156.013) (Ord. 2007-016, passed 5-21-2007)
(A) Adoption of 2012 International Property Maintenance Code. Pursuant to 65 ILCS 5/1-3-1, the 2012 International Property Maintenance Code as published by the International Code Council, is adopted as the Property Maintenance Code of the Village of Riverton. The 2012 International Property Maintenance Code shall control matters concerning conditions and maintenance of all property, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure a structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use; and the demolition of such existing structures as are provided therein; except if such matters are otherwise provided for in this section or in other ordinances or statutes or rules or regulations of the Village of Riverton, Illinois.
(B) Maintenance of records by Clerk. The Village Clerk shall place on file three copies of each of the 2012 International Property Maintenance Code and shall keep such copies in the office of the Clerk and shall make such Codes available for public use, inspection and examination.
(C) Exceptions to adoption by reference. The following sections of the 2012 International Property Maintenance Code are not adopted by reference and shall be of no force and effect:
(1) Any provision pertaining to penalties;
(2) Any provision pertaining to permit fees.
(D) Penalties. Any person who shall violate the provisions of this section or the 2012 International Property Maintenance Code shall, upon conviction, be subject to a penalty not less than $200 per day nor more than $750 per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to this penalty, the village may utilize other statutory or common law remedies deemed appropriate by a court of law, including but not limited to injunctive relief, preliminary injunctive relief, and obtaining a temporary restraining order. In the event a condition existing on real property violates both the 2012 International Property Maintenance Code and some other village ordinance pertaining to dangerous buildings, abandoned buildings, abandoned or inoperable vehicles, or nuisances, the village may proceed under either ordinance.
(Ord. 13-022, passed 11-18-2013)
UNSAFE, DANGEROUS BUILDINGS
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDING. Includes:
(1) Any building, shed, fence or other human-made structure which is dangerous to the public health because its construction, age, lack of proper repair or any other cause or condition which causes or aids or may cause or aid in the spread of disease, or the harboring and spread of rodents, insects or other vermin, or garbage, debris and other hazardous, noxious or unhealthy substances or materials, or which causes or may cause injury to the health of the occupants of it or of neighboring structures;
(2) Any building, shed, fence or other human-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;
(3) Any building, shed, fence or other human-made structure which, by reason of faulty construction, age, lack of proper repair or any other cause, is liable to cause injury or damage by collapsing or fall of any part of such structure; and
(4) Any building, shed, fence or other human-made structure which, because of its condition or because of lack of doors or windows is available to and is frequented or may be frequented by malefactors or disorderly persons who are not lawful occupants of such structure or poses an attractive nuisance to children.
(Prior Code, § 93.001) (Ord. 98-016, passed 4-20-1998)
Any dangerous building in the village is hereby declared to be a nuisance. Pursuant to § 11-31-1 of the Illinois Municipal Code, the President and the Board of Trustees of the village are empowered to demolish, repair or enclose or cause the demolition, repair or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of the village and may remove or cause the removal of garbage, debris and other hazardous, noxious or unhealthy substances or materials from those buildings.
(Prior Code, § 93.002) (Ord. 98-016, passed 4-20-1998)
(A) Notice.
(1) Whenever the President and Board of Trustees of the village is of the opinion, based upon a viewing of the premises by the President, a Trustee or any official of the village charged with enforcement of building or zoning and an oral or written report to the President and Board of Trustees, that any building or structure in the village is a dangerous building, they may by resolution direct the Village Clerk to cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by certified mail, registered mail or personal service.
(2) Where, upon diligent search, the identity or whereabouts of the owner or owners of the building, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed is sufficient notice under this section.
(3) Notice by certified or regular mail pursuant to this section shall be accomplished if the village receives a return receipt from the addressee or if the certified or regular mailing is returned “unclaimed” or “refused”.
(4) Such notice shall state that the building has been declared to be in a dangerous condition, that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it and that the condition must be remedied at once.
(5) Such notice may be, but is not required to be, in the following form:
To (owner-occupant of the premises) of the premises known and described as . You are hereby notified that, pursuant to Ordinance No. , “An Ordinance Relating to Dangerous Buildings”, your building located at the above-described premises has been condemned as a nuisance and a dangerous building after inspection by . |
The causes for this decision are (here insert the facts as to the dangerous condition) . You have 15 days from the date of service of this notice (which, in the case that this notice was mailed by certified or registered mail, is the date the notice was mailed) to remedy this condition or demolish the building immediately or the village will proceed to take legal action to do so. You may also be subject to a fine of not less than $250 per day nor more than $750 per day for each day the building has been or shall remain in dangerous condition pursuant to village ordinance. In addition, the village may further avail itself of all of the remedies set forth in § 11-31-1 of the Illinois Municipal Code. |
(B) Unknown address of owner. If the owner of the premises concerned is unknown or if his or her address is unknown, service of any notice provided for in this subchapter may be made by posting a copy thereof on the premises and by publishing one time a copy thereof in a newspaper of general circulation within the village.
(C) Remedy of condition.
(1) If the person receiving such notice has not complied therewith within 15 days from the time when the notice is served upon such person by personal service, certified mail or posting and publication, the Zoning Administrator or other officer of the village directed by the President and Board of Trustees, may proceed to remedy the condition or demolish the dangerous building by filing a lawsuit in the Circuit Court seeking any or all remedies available under § 11-31-3 of the Illinois Municipal Code, including, but not limited to, the following:
(a) For an order authorizing action to be taken by the village with respect to a building, including, but not limited to, action to demolish, repair or enclose the building or to remove garbage, debris, and other hazardous, noxious or unhealthy substances or materials from the building, if the owner or owners of the building, including the lienholders of record, after at least 15 days’ written notice by mail so to do, have failed to put the building in a safe condition or to demolish it;
(b) A fine as set forth in § 151.99 of this chapter;
(c) An order requiring the owner or owners of record to demolish, repair or enclose the building or to remove garbage, debris and other hazardous, noxious or unhealthy substances or materials from the building; and
(d) A judgement against the owner or other person causing the dangerous condition for the payment of the village’s costs and reasonable attorneys’ fees in connection with the village’s enforcement of this subchapter.
(2) It shall not be a defense to an action brought pursuant to this subchapter that the building is boarded up or otherwise enclosed, although the Court may order the defendant to have the building boarded up or otherwise enclosed.
(D) Additional remedies. In addition to the actions authorized by this subchapter, the village officials may proceed under any and all of the provisions of the Illinois Municipal Code, including § 11-31-1, which authorizes imposition of a lien when the village is compelled to take action; and § 11-31-2, which authorizes an injunction to require compliance with building, fire, health and safety standards.
(Prior Code, § 93.003) (Ord. 98-016, passed 4-20-1998)
It shall be unlawful to maintain or permit the existence of any dangerous building in the village and it shall be unlawful for a record owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.
(Prior Code, § 93.004) (Ord. 98-016, passed 4-20-1998) Penalty, see § 151.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Any person who shall violate the provisions of §§ 151.01 through 151.12 of this chapter, the IRC or the IBC, shall, upon conviction, be subject to a penalty not less than $75 per day, nor more than $750, per day. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to this penalty, the village may utilize other statutory or common law remedies deemed appropriate by a Court of law, including, but not limited to, injunctive relief, preliminary injunctive relief and obtaining a temporary restraining order.
(a) Promptly corrects the condition constituting the violation;
(b) Pays a fine of $25; and
(c) Pays the cost of a reinspection fee as set forth herein.
(Prior Code, § 156.010)
(C) Any person convicted of a violation of § 151.28 of this chapter shall, upon conviction, in addition to the imposition of any of the other remedies contained in §§ 151.25 through 151.28 of this chapter, be punished by imposition of a fine of not less than $50, and not more than $500, per offense. Every day a building shall be maintained or permitted to exist in a dangerous condition shall constitute a separate offense.
(Prior Code, § 93.004)
(Ord. 98-016, passed 4-20-1998; Ord. 2007-016, passed 5-21-2007)