A. General:
1. Title: These regulations shall be known as the PROPERTY MAINTENANCE CODE OF THE CITY OF WARRENVILLE.
2. Scope: This chapter is adopted to protect public property, the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties.
3. Intent: This chapter shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Any nonconforming structure that was legally existing or lawfully modified may continue, provided, however, that existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety. (Ord. 1668, 4-6-1998)
4. Referenced Standards: The referenced standards shall be as set forth in the applicable code and standards, adopted periodically by the city council. Where differences occur between provisions of this chapter and referenced standards, the provisions of this chapter shall apply. (Ord. 2062, 6-2-2003)
5. Existing Remedies: The provisions in this chapter shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and unsanitary.
6. Workmanship: All repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this chapter shall be executed and installed in a workmanlike manner.
7. Application Of Other Codes: Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the building, plumbing and mechanical codes and electrical code listed in title 8 of this code.
B. Validity; Saving Clause:
1. Validity: If any section, subsection, paragraph, sentence, clause or phrase of this chapter shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this chapter which shall continue in full force and effect, and to this end the provisions of this chapter are hereby declared to be severable.
2. Saving Clause: This chapter shall not affect violations of any other ordinance, code or regulation existing prior to the effective date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
C. Maintenance:
1. Required: All equipment, systems, devices and safeguards required by this chapter or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order. The requirements of this chapter are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures.
D. Approval:
1. Approved Materials And Equipment: All materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval.
2. Modifications: Where there are practical difficulties involved in carrying out structural or mechanical provisions of this chapter, the code official shall have the right to vary or modify such provisions upon application of the owner or the owner's representative, provided that the spirit and intent of the law is observed and that the public health, safety and welfare is assured.
a. Records: The application for modification and the final decision of the code official shall be in writing and shall be officially recorded in the permanent records of the community development department.
3. Material And Equipment Reuse: Materials, equipment and devices shall not be reused unless such elements are in good and proper working condition and approved.
4. Alternative Materials And Equipment: The provisions of this chapter are not intended to prevent the installation of any material or method of construction not specifically prescribed by this chapter, provided that any such alternative has been approved by the code official. An alternative material or method of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this chapter, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this chapter, in quality, strength, effectiveness, fire resistance, durability and safety.
E. Duties And Powers Of Code Official:
1. General: The code official shall enforce all of the provisions of this chapter.
2. Notices And Orders: The code official shall issue all necessary notices or orders to ensure compliance with this chapter.
3. Right Of Entry: The code official is authorized to enter any space commonly open to the general public. The code official is authorized to request entry into a structure or premises not otherwise open to the general public where a violation of this chapter has either: a) been reported in the structure or on the premises by the owner, operator, or occupant of said structure or premises, or b) has been reported and documented in accordance with the processing and verification of alleged violations provisions set forth herein. When requesting entry, the code official shall present proper identification. Prior to entering into a space not otherwise open to the general public, the code official shall receive written or verbal approval from the owner, operator, occupant or other person having charge and control of the structure or premises. If entry is refused or not obtained, the code official shall have the authority to pursue recourse as provided by law.
4. Access By Owner Or Operator: Every occupant of a structure or premises shall give the owner or operator thereof, or agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs or alterations as are necessary to comply with the provisions of this chapter.
5. Identification: The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this chapter.
6. Coordination Of Enforcement: Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the code official so charged by the jurisdiction. Whenever inspections are necessary by any other department, the code official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders. If the code official has a reasonable basis to believe that any request for inspection is associated with the sale or resale of the property, the code official may decline to perform the inspection.
7. Rule Making Authority: As outlined hereinbelow, the code official shall have power as necessary in the interest of public health, safety and general welfare, to propose and promulgate rules and regulations to interpret and implement the provisions of this chapter to secure the intent thereof and to designate requirements applicable because of local climatic or some other conditions. However, before any such rule or regulation goes into effect, the code official shall submit said rule or regulation in writing to the city council for a period of not less than thirty (30) days. If after thirty (30) days the city council takes no action on the proposed rule or regulation, it shall automatically go into effect. If, however, at anytime during the thirty (30) day period, the city council acts to overrule the proposed rule or regulation, it would not go into effect. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this chapter or violating accepted engineering practice involving public safety.
8. Organization: The city council shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this chapter and as authorized by the appointing authority. The city council is authorized to designate an employee as deputy who shall exercise all the powers of the code official during temporary absence or disability of the code official.
9. Restriction Of Employees: An official or employee connected with the enforcement of this chapter shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the community development department.
10. Official Records: An official record shall be kept of all business and activities of the community development department, and all such records shall be open to public inspection at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.
11. Relief From Personal Responsibility: The code official, officer or employee charged with the enforcement of this chapter, while acting for the jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representative of the jurisdiction, or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter; and any officer of the community development department, 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 official duties in connection therewith.
F. Violations:
1. Unlawful Acts: It shall be unlawful for any person to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any structure or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this chapter, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this chapter. (Ord. 1668, 4-6-1998)
2. Processing And Verification Of Alleged Violations: The code official shall have the authority to enforce the provisions of this chapter in order to abate any violation of this chapter he or she observes on a premises or in a structure commonly open to the general public. In instances involving alleged violations on a premises or in a structure not otherwise open to the general public, the code official shall only enforce the provisions of this chapter to abate a specific violation on which a formal complaint has been filed with the code official. Such a complaint shall specifically identify the alleged violation and shall either be signed by: a) the owner, operator, or occupant of the premises or structure on which the violation exists, or b) the owner, operator, or occupant from a different premises who has observed the alleged violation. To the maximum extent permitted by law, the names, address or other information identifying the complainant(s) shall be kept confidential and shall not be made public or known to the alleged violator except upon the permission of the complainant. (Ord. 2062, 6-2-2003)
3. Penalty: (Rep. by Ord. 2062, 6-2-2003)
4. Prosecution: In case of any unlawful acts the code official shall institute an appropriate action or proceeding at law to exact the penalty. Also, the code official shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person: a) to restrain, correct or remove the violation or refrain from further execution of work, b) to restrain or correct the erection, installation, maintenance, repair or alteration of such structure, c) to require the removal of work in violation, or d) to prevent the occupancy of the structure that is not in compliance with the provisions of this chapter.
5. City Abatement Of Confirmed Weed Violations: The city may abate such violations in accordance with the following provisions:
a. Weeds: If a weed violation is not abated within ten (10) days after the issuance of a written violation notice, the city may proceed to abate such violation, keeping account of the expense of the abatement, and such expense shall be charged to and paid by the owner or person(s) responsible. If a bill for such abatement remains unpaid for sixty (60) days after being rendered, the city clerk may file a lien on the property for said costs with the recorder of deeds of DuPage County in accordance with the lien provisions set forth herein.
G. Notices, Orders, Lien; Foreclosure:
1. Notice To Owner Or To Person Or Persons Responsible: Whenever the code official verifies that a violation of this chapter has occurred, notice should be given to the owner or the person or persons responsible therefor in the manner prescribed herein. The procedures set forth herein are the recommended guidelines to be generally followed by the code official, but the failure to follow these guidelines shall not be a basis for any property owner and/or defendant to challenge in court any citation or complaint. The property owner and/or defendant shall, however, have the right to report any such failure to the city administrator. (Ord. 1668, 4-6-1998)
2. Procedure: In pursuing the abatement of a confirmed violation to this chapter, the code official shall issue the owner or responsible person(s) a written violation notice. If a chapter violation is not abated in accordance with the provisions of the written violation notice, or in instances involving the repeat violation of the same chapter provision(s) by the same person(s), the code official shall be authorized to institute: a) city abatement of the violation in accordance with the applicable provisions of this code and/or b) prosecution of the person(s) responsible for the violation in accordance with the provisions set forth herein and without any further warning notices. (Ord. 2062, 6-2-2003)
3. Form: All written violation notices ("warning tickets") shall:
a. Be in writing;
b. Include a description of the real estate sufficient for identification;
c. Include a statement of the reason or reasons why the notice is being issued and what section(s) of this chapter is being violated;
d. Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit, structure, or premises into compliance with the provisions of this chapter;
e. Be served in compliance with the provisions set forth herein. (Ord. 1668, 4-6-1998)
4. Method Of Service: Such notice shall be deemed to be properly served if a copy thereof is: a) delivered to the owner, the owner's agent, or, as appropriate, the occupant personally; or b) sent by certified or first class mail addressed to the last known address of the owner, the owner's agent, or, as appropriate, the occupant. If the notice is returned showing that the notice was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Service of such notice in the foregoing manner upon the owner, the owner's agent, or, as appropriate, the occupant, shall constitute service of notice upon the owner. Notices for vehicle storage violations shall be permanently posted on the vehicle if, after reasonable inquiry, the identity of the owner cannot be obtained. (Ord. 2062, 6-2-2003)
5. Penalties: Penalties for noncompliance with orders and notices shall be as set forth herein.
6. Transfer Of Ownership: It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
7. Liens: If after sixty (60) days from being billed for the costs incurred by the city in performing work authorized under the weed violations, unsafe structures and equipment, and demolition provisions of this chapter, the owner does not reimburse the city, the costs may be filed as a lien upon the premises by the city as authorized by and provided in the applicable provisions of state law. (Ord. 1668, 4-6-1998)
H. Unsafe Structures And Equipment:
1. General: When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this chapter. (Ord. 2394, 10-1-2007)
a. Unsafe Structure: An unsafe structure is one that is found to be dangerous to life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of a fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is likely.
b. Unsafe Equipment: Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
c. Structure Unfit For Human Occupancy: A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
d. Unlawful Structure: An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Chapter, or was erected, altered or occupied contrary to law.
2. Closing Of Vacant Structures: If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with the lien provisions set forth herein.
3. Notice: Whenever the code official has condemned a structure or equipment under the provisions of this Section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with the notice procedure set forth herein. The notice shall be in the form prescribed in subsection G of this Section.
4. Placarding: Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment, a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
5. Prohibited Occupancy: Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this Chapter.
6. Removal Of Placard: The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this Chapter.
I. Emergency Measures:
1. Imminent Danger: When, in the combined opinion of the code official and the Chief of the Warrenville Fire Protection District, or his designee, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This structure is Unsafe and its Occupancy has been prohibited by the Code Official". It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition, or of demolishing the same.
2. Temporary Safeguards: Notwithstanding other provisions of this Chapter, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding-up of openings, to render such structure temporarily safe or whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
3. Closing Streets: When necessary for the public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized.
4. Emergency Repairs: For the purposes of this Section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
5. Costs Of Emergency Repairs: Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on approval of the City Administrator. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs.
6. Implementation Of Emergency Measures: Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition, be directed to the city administrator or, in the city administrator's absence, to such other person as may be designated by the city council shall be afforded an appeal review hearing as described in subsection K of this section.
J. Demolition:
1. General: Upon acquisition of an appropriate court order, the code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to raze and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two (2) years, to raze and remove such structure.
2. Order: All notices and orders shall comply with subsection G of this section.
3. Failure To Comply: If the owner of a premises fails to comply with a demolition order issued by a court of law within the time prescribed, the code official shall cause the structure to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
4. Salvage Materials: When any structure has been ordered razed and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. (Ord. 1668, 4-6-1998)
K. Means Of Appeal:
1. Application For Appeal: Any person affected by a decision of the code official or a notice or order issued under this chapter shall have the right to appeal to the city administrator provided that a written application for appeal is filed within twenty (20) days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or the requirements of this chapter are adequately satisfied by other means. (Ord. 2184, 12-20-2004)
2. Notice Of Appeal Review Hearing: An appeal review hearing shall be conducted within ten (10) days of the filing of an appeal.
3. Open Hearing: As the city administrator determines, hearings before the city administrator may be open to the public. The appellant, the appellant's representative, the code official, and others as determined by the city administrator should be given an opportunity to be heard.
4. City Council Review: Any person affected by the city administrator's appeal hearing decision shall have the right to appeal to the city council provided a written application for appeal is filed within ten (10) days after the day of the decision, notice or order was served. The city clerk will schedule the appeal review on the next available city council agenda.
5. Hearing Decision: The final decision of the city council shall be reflected in the "official city council minutes". Certified copies shall be furnished to the appellant and the code official. The code official shall take immediate action in accordance with the decision of the city council.
6. Court Review: The appellant may seek further review of any decision of the city council within twenty one (21) days of the date of decision or within such other time as is provided by law, to any court of competent jurisdiction. Application for review shall be made in the manner and time required by law following the formal decision of the city council. (Ord. 1668, 4-6-1998)