A. Exclusions. The following provisions of the International Property Maintenance Code, 2015 Edition, are excluded from adoption by the Village. Where a range of sections is listed, the exclusion includes all sections and subsections within the specified range.
2. 111 Means of appeal. (Superseded by WVC Chapter 3.44)
7. Section 308.3.1 Garbage facilities.
8. Section 309.2 Owner.
9. Section 403.3 Cooking facilities.
10. Section 602.3 Heat supply. Retain text; delete Exception 1 only.
11. Sections 702 through 704.
B. Amendments. The following provisions of the 2015 Edition of the International Property Maintenance Code are amended for adoption by the Village and shall read as follows:
1. 101.1 Title. These regulations shall be part of the Property Maintenance Code of the Village of Winnetka. As used in the International Property Maintenance Code, 2015 Edition, as adopted and amended by the Village, "this code" shall mean the Property Maintenance Code of the Village of Winnetka. As used in the ordinances and codes published by the Village, the term "this code" shall mean the Winnetka Village Code, and the Property Maintenance Code of the Village of Winnetka shall be called the "Property Maintenance Code."
2. 101.3 Intent. This code 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 to which this code applies. 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 as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with Title 15 of the Village Code and all other applicable building codes adopted by the Village.
3. 102.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. Where, in a specific case, different sections of this code or the Village Code specify different requirements, the most restrictive shall govern.
4. 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 of Titles 15 and 16 of the Village Code, including the procedures and provisions of the model codes adopted by reference pursuant to Chapter 15.08 of the Village Code, and all other applicable sections of the Village Code.
5. 102.8 Requirements not covered by code. Requirements that are necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or that are necessary for the public safety, health and general welfare, but that are not specifically covered by this code, shall be determined by the code official.
6. 103.1 General. The Department of Community Development created pursuant to Chapter 2.44 of the Village Code is responsible for property maintenance inspection and administration and the executive official in charge thereof, also known as the Director of Community Development, shall be known as the code official.
7. 103.2 Appointment. The code official shall be appointed by the Village Manager.
8. 103.3 Deputies. Subject to the approval of the Village Manager and to the provisions of Chapter 2.44 of the Village Code, the code official shall have the authority to appoint one or more deputy code officials, other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the code official.
9. 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be established as provided in Section 15.32.020 of the Village Code.
10. 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Such inspections may take place only if a complaint respecting said premises has been received by the code official and such complaint, in the opinion of said code official, provides reasonable grounds for belief that a violation exists. All reports of such inspections shall be in writing and shall be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. Nothing in this section shall be construed as prohibiting or otherwise limiting inspections made by the Winnetka Fire Department as part of its regular Fire and Life Safety Code inspection program.
11. 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107 of this code and Section 15.04.090 of the Village Code.
12. 106.3 Prosecution of violation. Any person who violates a provision of this code shall be subject to the enforcement proceedings, as provided in Chapter 15.04 of the Village Code. Any action taken against a property owner by the authority having jurisdiction on such premises shall also be charged against the real estate upon which the structure is located, and shall be a lien against such real estate.
13. 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws and shall be subject to penalties and fines as provided in Section 15.04.110 of the Village Code.
14. 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in accordance with Section 15.04.090 of the Village Code and in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.
15. 107.2 Form. All notices required under Section 107.1 shall comply with Section 15.04.090 of the Village Code.
16. 110.2 Notices and orders. All notices and orders shall comply with Section 107 of this code and with Section 15.04.090 of the Village Code.
17. 111.1 Application for appeal. 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 to the Building and Zoning Board of Appeals as provided in Chapter 15.72 of the Village Code.
18. 112.4 Fines; Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fee of not less than $250 nor more than $750.
19. SECTION 202 GENERAL DEFINITIONS
HABITABLE SPACE; HABITABLE ROOM. A room or other space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
20. 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) inches. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. All noxious weeds, as defined in Section 8.20.030 (B) of the Village Code, are prohibited and shall be removed or destroyed as provided in said Section 8.20.030 (B).
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 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction 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. The cost of such removal shall be a lien against the property, to the extent permitted by law. Such lien shall be recorded against the property as provided in Chapter 8.2 of the Village Code.
21. 304.1.1 Unsafe Conditions. The following conditions shall be determined to be unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code, as adopted and amended pursuant to Chapter 15.08 of the Village Code, and with all other applicable provisions of the Village Code. [Paragraphs 1 through 13 of Section 304.1.1 and Exceptions 1 and 2 to Section 304.1.1 are not amended.]
22. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Surfaces designed for stabilization by oxidation are exempt from this requirement.
23. 304.3 Premises identification. See Section 15.44.010C - Supplementary Standards and Requirements for reference to display of street numbers.
24. 304.13.2 Openable windows. Every window that can be opened, including every window required for ventilation or for emergency ingress and egress, shall be easily openable and capable of being held in position by window hardware.
25. 304.14 Insect screens. Ventilation of commercial food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. [The Exception to Section 304.14 is not amended.]
26. 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition.
27. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code , as adopted and amended pursuant to Chapter 15.08 of the Village Code or with any other applicable provision of the Village Code, as required for existing buildings: [Paragraphs 1 through 6 of Section 305.1.1 and Exceptions 1 and 2 of Section 305.1.1 are not amended.]
28. 305.3 Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Decayed wood and other defective surface conditions shall be corrected.
29. SECTION 308 REFUSE, RUBBISH AND GARBAGE
30. 308.1 Accumulation of refuse, rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of refuse, rubbish and garbage.
31. 308.2 Disposal of refuse and rubbish. Every occupant of a structure shall dispose of all refuse and rubbish in a clean and sanitary manner by placing such rubbish in approved containers that comply with Chapter 8.16 of the Village Code.
32. 308.2.1 Refuse and rubbish storage facilities. The owner of every occupied premises shall supply approved covered containers for refuse, and the owner of the premises shall be responsible for the removal of refuse in accordance with Chapter 8.16 of the Village Code.
33. 308.3 Disposal of garbage and refuse. Every occupant of a structure shall dispose of garbage and refuse in a clean and sanitary manner by placing such garbage or refuse in an approved disposal facility or garbage container that complies with Chapter 8.16 of the Village Code.
34. 308.3.2 Containers. The operator of every establishment that produces garbage or refuse shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal.
35. 309.3 Single occupant. The occupant of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises.
36. 404.3 Minimum ceiling heights. Exceptions 1 and 2 are deleted.
37. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or a water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.
38. 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the Illinois Plumbing Code as adopted and amended pursuant to Chapter 15.08 of the Village Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises that the premises are open to the public.
39. 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 300 feet from the employees' regular working area. Employee facilities shall either be separate facilities or combined employee and public facilities.
40. 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to the Village of Winnetka Municipal Water Utility in accordance with Chapter 13.04 of the Village Code. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the State of Illinois Plumbing Code, 2014 Edition.
41. 506.1 General. All plumbing fixtures shall be properly connected to the Village of Winnetka sanitary sewer system in accordance with Chapter 15.24 of the Village Code.
42. 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall comply with the applicable provisions of Chapter 15.24 and 15.68 of the Village Code. Such drainage shall not be discharged in a manner that creates a public nuisance.
43. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1st through May 31st to maintain a temperature of not less than 68ºF in all habitable rooms, bathrooms and toilet rooms.
Exceptions: Exceptions 1 and 2 are deleted.
44. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1st through May 31st to maintain a temperature of not less than 68ºF (20ºC) during the period the spaces are occupied. The provisions of this section shall not apply to processing, storage and operation areas that require cooling or special temperature conditions, or to areas in which persons are primarily engaged in vigorous physical activities. [Exceptions 1 and 2 to Section 602.4 are not amended.]
45. 603.1 Mechanical equipment and appliances. The installation, alteration, repair and replacement of all mechanical equipment and appliances shall be subject to the provisions of the International Mechanical Code, 2015 Edition, as adopted and amended pursuant to Chapter 15.08 of the Village Code. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function.
46. 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. Such electrical system shall be properly connected to the Village of Winnetka Municipal Electric Utility in accordance with Chapter 13.08 of the Village Code.
47. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the National Electrical Code, 2014 Edition, as adopted and amended pursuant to Chapter 15.08 of the Village Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
48. 701.1 Scope. The minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided, shall be governed by applicable provisions of the Village Code, including the International Fire Code, 2015 Edition, and NFPA 101 Life Safety Code, 2015 Edition, as said codes are adopted and amended by the Village of Winnetka pursuant to Chapter 15.16 - Fire Prevention and Safety Codes of the Village Code and Chapter 8.04 - Security and Fire Detection Systems of the Village Code, as said chapters are adopted and amended by the Village of Winnetka. In the event of a conflict between these codes, the most restrictive code shall apply.
C. Additions. The International Property Maintenance Code, 2015 Edition, is further amended for adoption by the Village by adding the following provisions:
1. 202 General Definitions:
a. REFUSE. All system waste, as defined in Section 8.16.010 of the Village Code, as well as ashes, manure and yard waste.
b. VILLAGE CODE. The Winnetka Village Code, as published by the Village of Winnetka, including all amendments thereto.
2. 308.3.3 Grease Disposal. All food service establishments and all retail food stores shall dispose of grease as provided in Section 8.12.010 of the Village Code.
3. 309.6 Food Services and Retail Food Stores. All food service establishments and all retail food stores shall comply with the pest control provisions of Section 8.12.200 of the Village Code.
(MC-5-2019, Amended, 06/04/2019; MC-7-2011, Added, 12/06/2011)