(A) Inspections:
1. All building or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the Village in accordance with and in the manner provided by this section.
2. Inspection of premises and the issuing of orders in connection therewith under the provisions of this section shall be the responsibility of the building official or his/her designee.
3. The Village is hereby authorized to enter and inspect any dwelling, dwelling unit, rooming unit, dormitory and the surrounding premises subject to the provisions of this section.
4. If any owner, occupant or other person in charge of a dwelling, dwelling unit or rooming unit, or of a multiple dwelling or a rooming house dwelling fails or refuses to permit access or entry for an inspection, the Village, upon showing that a probable cause exists for the inspection, shall seek a court order from the Circuit Court of DuPage County restraining that person from interfering with the inspector's access and entry upon the premises.
5. The Village may collect, publish and disseminate information to the public concerning techniques of maintenance, repair and sanitation in housing and concerning the requirements of this section.
(B) Enforcement:
1. Responsibility: It shall be the duty of the building official or his/her designee to enforce the provisions of this section. Whenever, in the opinion of the building official or his/her designee, any violation of the provisions of this section is found to exist, he shall within ten (10) days after the inspection, serve written notice of such alleged violation upon the owner or occupant by:
(a) Personal service, or
(b) Mailing a copy thereof to the owner or occupant, by first class or certified mail, at his last known address, or
(c) Posting a copy thereof in a conspicuous place in or about the building containing the alleged violation.
2. Form Of Notice: Such notice may include more than one alleged violation and shall specify a period of time for compliance, which shall be such time as, in the opinion of the Village, is reasonably required to effect the changes necessary for compliance.
Such notice may contain an outline of remedial action, which if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
If any alleged violation of which notice as aforesaid has been given is not corrected or eliminated within the time specified in such notice, the owner or occupant shall be subject to the penalty provisions of this section for each such uncorrected violation and for each day such violation exists after service of this notice.
3. Emergency Action: Whenever the Village finds that an emergency exists which requires immediate action to protect the public health or safety, it may, without notice, issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.
4. Conformity With Ordinances And Statutes: All construction done and installations made to comply with the provisions of this section shall be in accordance with the ordinances of the Village of Willowbrook and Statutes of the State of Illinois regulating such construction and installations.
(C) Retaliatory Eviction By Owner: No owner or lessor shall evict or cause to evict or terminate the tenancy of a renter or lessee solely as retaliation that renter or lessee complains to the Village or the Circuit Court against the owner, charging the owner with violation of this section or with violation of any warranty of habitability accruing to the renter or lessee from the owner.
The fact that the rent or lease consideration of the renter or lessee is not more than thirty (30) days delinquent at the time the owner gives notice of eviction or termination of a lease or rental and the fact that, within six (6) months prior to the notice of eviction or termination of the lease or rental, the renter or lessee has not been convicted of creating a nuisance at the dwelling or dwelling unit from which eviction is sought and the renter shall be prima facie evidence that the eviction or termination of lease or rental by the owner is solely retaliatory because that renter or lessee has complained against the owner charging him with violation of this section.
Any person convicted of violation of this section shall be fined not less than two hundred dollars ($200.00) nor more than the maximum amount permitted under title 1, chapter 4 of this Code.
(D) Criminal Housing Management: Criminal housing management is hereby prohibited. A person commits criminal housing management when, having personal management or control of residential real estate whether as a legal or equitable owner of the residential real estate or as a managing agent or otherwise, he knowingly permits, by his gross carelessness or neglect, the physical condition or facilities of the residential real estate to become or remain so deteriorated that the health and safety of an inhabitant is endangered.
A person convicted of criminal housing management shall be fined not less than two hundred dollars ($200.00) nor more than the maximum amount permitted under title 1, chapter 4 of this Code.
(E) Designation As "Unfit For Human Habitation":
1. The Village shall designate a dwelling, dwelling unit, or rooming unit as "unfit for human habitation" when it is damaged, decayed, dilapidated, unsanitary, unsafe, vermin infested, lacks illumination, ventilation, or required sanitation facilities to such extent as to create a clear and present danger to health, life and safety of occupants and is not repaired or corrected in less than seventy two (72) hours after receipt of notice of violation of this section.
2. Whenever any dwelling, dwelling unit or rooming unit has been designated as "unfit for human habitation" the Village shall placard the dwelling indicating that it is unfit for human habitation in accordance with the requirements set out in the Illinois Compiled Statutes, as amended. If occupied, the Village shall order the dwelling, or that part thereof, vacated within twenty four (24) hours.
Occupants shall be relocated and, if necessary, reasonably housed for not more than three (3) days at the expense of the Village. All relocation and housing costs paid by the Village and incurred pursuant to this section shall be reimbursed to the Village by either:
(a) The owner of the dwelling designated "unfit for habitation", provided that the condition of the dwelling was caused in whole or in substantial part by the neglect of the owner, or
(b) By any occupant of the dwelling designated "unfit for human habitation", provided that the condition of the dwelling was caused in whole or in substantial part by the neglect of that occupant, or
(c) By the tenant of the dwelling designated "unfit for human habitation", provided that the condition of the dwelling was caused in whole or in substantial part by the neglect of that tenant, or
(d) By the owner or the occupant or the tenant, jointly, provided that each of those to be held jointly liable has caused by his neglect, in whole or in substantial part, the condition of the dwelling designated "unfit for human habitation".
If the owner is liable for reimbursement of all or any part of the costs under this section, such costs shall constitute a lien against the premises and shall be recovered by the Village.
3. No dwelling, dwelling unit or rooming unit which has been designated as "unfit for human habitation", has been placarded as such, and has been vacated, shall be used again for human habitation until all costs and expenses of relocation and housing of vacated occupants shall be reimbursed to the Village, all defects have been repaired and corrected, and written approval is given from the Village and the placard is removed by the Village.
4. No person shall deface or remove the placard from any dwelling, dwelling unit or rooming unit which has been designated as "unfit for human habitation" and has been placarded as such. Anyone who violates this section, upon conviction, shall be fined in an amount as provided in title 1, chapter 4 of this Code.
(F) Additional Remedies Preserved: All additional remedies granted to the Village by the Statutes of the State of Illinois are hereby preserved and unimpaired by enactment of this section.
(G) Emergencies:
1. Whenever an emergency exists which requires immediate action to protect the public health, safety or welfare, the building official or his/her designee may issue an order, without notice or hearing, directing the owner, occupant, operator or agent to take appropriate action to correct or abate the emergency.
2. The owner, occupant, operator or agent shall be granted a hearing on the matter upon his request as soon as practicable, but such hearing, in no case, shall stay the abatement of the emergency.
(H) Adoption Of Property Maintenance Code:
1. Code Adopted: There is hereby adopted by reference as if fully set out herein that certain code known as the 2018 International Property Maintenance Code, second printing, as published by the International Code Council, Inc., together with the additions, insertions, deletions and changes hereinafter set forth, one copy of which has been for a period of more than thirty (30) days prior to the effective date hereof and now is on file in the Office of the Village Clerk.
(I) Amendments To Code: The following additions, insertions, deletions and changes are hereby made to the 2018 International Property Maintenance Code, second printing:
1. Section 102.3 Application of other codes. Delete in its entirety and in lieu thereof substitute with the following new Section 102.3:
Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions in Title 4 of the Village Code.
2. Section 102.3 Application of other codes. Amend by adding the following new Sections 102.3.1 and 102.3.2:
Section 102.3.1 Electrical. All references within this code to the "ICC Electrical Code" shall be changed to read, "National Electrical Code, 2017 Edition (NFPA 70-2017), as prepared and published by the National Fire Protection Association, Inc., and as amended by Title 4, Chapter 2, Section 27, of the Village Code." The provisions of said Electrical Code, as amended, shall apply to the installation, alteration, repair, and replacement of electrical systems, including equipment, appliances, fixtures, fittings and appurtenances thereto.
Section 102.3.2 Plumbing. All references within this code to the "International Plumbing Code" shall be changed to read, "Illinois Plumbing Code, as sponsored and published by the Illinois Department of Public Health, and as amended by Title 4, Chapter 2, Section 24, of the Village Code." The provisions of said Plumbing Code, as amended, shall apply to the installation, alteration, repair and replacement of plumbing systems, including appliances, fixtures, fittings and appurtenances thereto.
3. Section 103.5 Fees. Delete in its entirety. (Refer to Title 4, Chapter 2, Section 11, of the Village Code for Permit Fees)
4. Section 106 VIOLATIONS. Amend by adding the following new Section 106.6:
Section 106.6 Restraining Actions. Anyone affected by any such order shall within fifteen (15) days after service of such order apply to a court of record for an order restraining the Building Official or his/her designee from razing and removing such structure or parts thereof. The court shall determine whether the order of the code official is reasonable, and if found reasonable, the court shall dissolve the restraining order, and if found not reasonable, the court shall continue the restraining order or modify it as the circumstances may require.
5. Section 107.3 Method of service. Delete in its entirety and in lieu thereof substitute with the following new Section 107.3:
Section 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: delivered personally, or sent by certified, first-class mail or courier addressed to the last known address. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Electronic transmission, i.e. Electronic Mail, also known as E-Mail, or Facsimile also known as Fax, shall be deemed a method of service.
6. Section 108.2 Closing of vacant structures. Delete in its entirety and in lieu thereof substitute with the following new Section 108.2:
Section 108.2 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 or owner's authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured 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. Any vacant structure closed up by the owner, or by a public or private agency upon order of the Code Official, shall be deemed as a temporary method in which to abate the nuisance which shall not exceed sixty (60) days in duration. The Code Official may, in conjunction with the Village Attorney, seek a demolition/repair order within the sixty (60) days' time period and/or any time thereof to require repairs or removal of the structure. All associated costs plus administrative fees shall be charged as a lien upon such real estate.
7. Section 110.1 General. Revise the last sentence of the paragraph to read as follows:
... Boarding the building up for future repair shall not extend beyond 90 days, unless approved by the Building Official or his/her designee.
8. SECTION 111 MEANS OF APPEAL. Delete in its entirety and in lieu thereof substitute with the following new SECTION 111:
SECTION 111 BOARD OF APPEALS
Section 111.1 Application for Appeal: Each owner and occupant who is affected by this Section shall have the right to appeal from the decision of the Village made pursuant to this Section. All appeals shall be made to the Board of Appeals of the Village of Willowbrook as hereinafter constituted and within ten (10) days after receipt of notice of the decision of the Village.
Section 111.2 Membership of the Board: The board of appeals shall be the Plan Commission of the Village of Willowbrook. A majority of the members of the Plan Commission then holding office shall constitute a quorum.
Section 111.3 Board Actions: All actions of the Board must have the concurrence of a majority of those members then holding office. Action on an appeal brought before the Board may be taken by a written vote of a majority of the members upon each voting member certifying that he has read and considered the transcript of the hearing proceedings held by the Board in his absence.
Section 111.4 Procedure: The rules of procedure during a hearing on an appeal shall be similar to the procedures of trial for civil matters in the courts of this State except where convenience and necessity require variance therefrom. In any event, all evidence that is relevant and material and of probative value shall be admitted. Hearsay evidence alone shall not support any decision of the Board.
Section 111.5 Board Recommendation: Recommendation to the corporate authorities from the Board shall be made within such time as may be set by the chairman, but, in any event, not later than thirty (30) days after receipt of the transcript of proceedings.
Section 111.6 Powers of the Board: The Board of Appeals shall have the following powers:
a. To make fact findings and to review fact findings of the Village, provided that fact findings of the Village shall be presumed to be correct until rebutted by a clear preponderance of the evidence to the contrary.
b. To recommend the extension of any time allowance provided in this Section and to recommend variance from any provision of this Section upon an owner, renter or lessee, upon presentation of evidence of substantial economic hardship in cases where property and the health and safety of persons are not endangered by physical injury or damage, and where enforcement of the pertinent provision under the circumstances, supported by evidence, would constitute a confiscation of property without compensation contrary to the Constitution of the United State of America and the State of Illinois.
Section 111.7 Board Review: Within thirty (30) days of the receipt of the recommendations of the Board of Appeals, the corporate authorities shall grant or deny the time extension or variation, or refer the matter back to the Board of Appeals for further consideration. If the Board of Appeals favorably recommends the granting of a time extension or variation, that time extension or variation may be granted by resolution by a majority vote of the corporate authorities. If the Board of Appeals does not favorably recommend the granting of a time extension or variation, that time extension or variation may be granted only by favorable vote of two-thirds (2/3) of the corporate authorities. The corporate authorities shall not grant a time extension or variation unless they have made findings of fact based upon evidence adduced by the hearing held by the Board of Appeals.
9. SECTION 112 STOP WORK ORDERS. Delete in its entirety. (Refer to Title 4, Chapter 2, Section 13: STOP WORK ORDERS, of the Village Code.)
10. Section 302.4 Weeds. Amend by inserting the following dimension:
..."Ten Inches (10")"
11. Section 302.9 Defacement of property. Amend by adding the following language at the end of the last sentence:
... ", within seventy-two (72) hours"
12. Section 302 EXTERIOR PROPERTY AREAS. Amend by adding the following new Section 302.10:
302.10 Tree and Plant Nuisances.
1. Disease Conditions: All trees, shrubs, vines, cuttings, scions, graphs, plants and plant parts and plant products in places within the Village, infested with injurious insect pests or infected with plant diseases which are liable to spread to other plants, plant products or places to the injury thereof, or to the injury of man and animals, and all species and varieties of trees, shrubs, vines and other plants not essential to the welfare of the people of the Village which may serve as a favorable host plant and promote the prevalence and abundance of insect pests and plant diseases, or any stage thereof, injurious to other plants essential to the welfare of the people of this Village.
2. Dangerous Conditions; Encroachments: Any tree, shrub or other planting:
a. Which by its location or condition constitutes a threat to the safety or property of individuals or of the public; or
b. Which obstructs or encroaches upon any street right-of-way, sidewalk, public property or any public or Village utility lines or facilities.
13. Section 304.14 Insect Screens. Amend by inserting the dates:
... January 1 and December 31 in the spaces provided.
14. Section 307.1 General. Delete in its entirety and in lieu thereof substitute with the following new Section 307.1:
Section 307.1 General. Every exterior and interior flight of stairs having three (3) or more risers shall have a handrail on one side of the stair. Handrail height, measured vertically from the sloped plane adjoining the tread nosing, or finish surface of ramp slope, shall be not less than 34 inches and not more than 38 inches. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than twenty-four inches (24") above the floor or grade below shall have guards. Guards shall not be less than 36 inches high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards on the open sides of stairs shall have a height of not less than 34 inches measured vertically from a line connecting the nosings.
15. Section 308.3.1 Garbage facilities. Delete in its entirety and in lieu thereof substitute with the following new Section 308.3.1:
Section 308.3.1 Garbage facilities. The owner of every dwelling shall supply an approved leakproof, covered, outside garbage container, and the owner of the premises shall be responsible for the removal of garbage.
16. Section 404.4.1 Room area. Amend the section by adding the following language at the end of the last sentence:
"... Every room intended for sleeping purposes may not include more than two (2) occupants, regardless of floor area."
17. Section 602.2 Residential occupancies. Delete in its entirety and in lieu thereof substitute with the following new Section 602.2:
Section 602.2 Residential occupancies. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of sixty- eight degrees (68°) Fahrenheit at a level of three feet (3') above the floor and a distance of three feet (3') from the exterior walls in all habitable rooms, bathrooms and toilet rooms based on the outside design temperature required for the locality by the International Plumbing Code, Appendix D.
18. Section 602.3 Heat Supply. Delete in its entirety and in lieu thereof substitute with the following new Section 602.3:
Section 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit(s), rooming unit(s), dormitory(s) or guest room(s) on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat to maintain a room temperature of not less than sixty-eight degrees (68°) Fahrenheit in all habitable rooms, bathrooms and toilet rooms. The temperature shall be measured at a point three feet (3') above the floor and three feet (3') from the exterior walls. When the outdoor temperature is below the outdoor design temperature required for the locality by the International Plumbing Code, Appendix D, the owner or operator shall not be required to maintain the minimum room temperatures, provided the heating system is operating at full capacity, with supply valves and dampers in a full open position.
19. Section 602.4 Occupiable work spaces. Insert January 1, December 31.
20. Section 604.2 Service. Delete the last sentence in its entirety and in lieu thereof substitute the following new sentence:
Dwelling units shall be served by a three-wire, 120/240-volt, single-phase electrical service having a rating of not less than one hundred (100) amperes.
21. Section 702.4 Emergency escape openings. Amend by adding this new sentence:
"One emergency escape opening shall lead directly to the outside."
(Ord. 19-O-10, 6-24-2019)