A. International Property Maintenance Code:
1. Adoption: That a certain document, one copy of which is on file in the Office of the City Clerk of the City of Virginia, being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Virginia, in the State of Illinois for regulating and governing the 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 that 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 herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Virginia are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in subsection A2 of this section.
2. Amendments: The following sections of the International Property Maintenance Code of 2015 are hereby revised:
Section 101.1. Insert: "City of Virginia"
Section 103.4. The phrase, "member of the board of appeals" is deleted
Section 103.5. Insert: "Not Applicable"
Section 106.4 is amended to read as follows: "Violation penalties. Any person, owner or operator who shall violate this Code or maintain any property in violation of any provision of this Code, or fail to comply with any provision therewith, with any of the requirements thereof, or fail to comply or abide with any notice or order issued hereunder, shall be prosecuted by the City Attorney in the appropriate circuit court having jurisdiction and venue. The fines for any violation shall range from $100.00 to $750.00, plus applicable court costs and attorneys' fees. Each day that a violation continues after due notice has been served shall be deemed a separate offense for which a fine may be imposed."
Section 107.2(5) is deleted, and in its place the following shall be inserted: "That failure to take corrective action may result in legal action being taken at which time the property owner will have a right to a trial pursuant to the Illinois Supreme Court rules governing municipal ordinance violations, including the right to present evidence, and the right to confront and cross examine witnesses".
Section 109.6 is deleted, and in its place the following shall be inserted: "Legal Recourse. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon filing of proper pleadings in the appropriate Circuit Court, be afforded a hearing as provided by law."
Section 111, Means of Appeal, be deleted in its entirety
Section 112.4. Insert: "$100"; "$750"
Section 302.4. Insert: "Eight (8) inches"
Section 304.14 Insert: "May 1 to September 30"
Section 602.3. Insert: "October 1 to April 1"
Section 602.4. Insert: "October 1 to April 1"
That any other references in the International Property Maintenance Code to an appeal or Board of Appeals is hereby deleted and/or stricken, and the effect of such references is hereby nullified.
(Ord. 2017-03, 8-14-2017)