Loading...
HomeMy WebLinkAboutOrd 4727 05/16/1995 ORDINANCE NO. 4727 AN ORDINANCE AMENDING ARTICLE Xlll OF CHAPTER 21 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 16th day of May , 1995 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of May ,1995. BH/rr:caf 4/26/95 ORDINANCE NO. 4727 AN ORDINANCE AMENDING ARTICLE Xlll OF CHAPTER 21 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT SECTION ONE: That Article XIII entitled "Property Maintenance Code" of Chapter 21, of the Village Code of Mount Prospect, as amended, be and the same is hereby amended by adding the following Sections thereto, Section 21.1306 entitled "Notice of Violation", Section 21.1307 entitled "Enforcement Fees" and Section 21.1308 entitled "Exceptions to Enforcement Fees"; so that hereafter said Article XIII shall include the following: " Sec. 21.1306. Notice of Violation. Upon a finding of one or more violations of the provisions of this Article XIII, the Owner shall be notified in writing of the existence of the violations. The method of serving the notice to the owner shall be one or more of those described in Section 21.1306.B hereinbelow. Failure to comply with the notice shall be a violation of this Article XIII. This notice may be in lieu of or in addition to any notices required under BOCA. A. Content of the Notice. The Notice of Violation shall: 1. Give the street address or another description sufficient for identification of the property. 2. Describe the violation(s) at the property; 3. Disclose that fees, charges, and liens as described in Section 21.1307 may result from a failure to remedy the violations; 4. Specify a response pedod during which the property may be brought into compliance with this Article before fees, charges, or liens will be assessed; and 5. Disclose the owner's right to appeal the findings of the notice of violation. B. The effective date of a notice of violation shall be the date of service of the notice to the owner. The date of service shall be the day on which the notice is: 1. Mailed first class to the property owner at the address shown on the last available assessment roll in the office of the county assessor; 2. Mailed first class to any local agent for the property; or 3. Delivered personally to the property owner or any local agent for the property. C. Compliance Inspections and Fees. The Director of Community Development ("Director") shall monitor compliance with the notice of violation through periodic tracking and inspection of the repair status. Once a notice of violation has been sent, the owner shall be responsible for all enforcement fees associated with the property, as described in Section 21.1307 until the violations are corrected. Article XIII, Chapter 21 Page 2 of 4 D. Time Limits for Repair. The Director may set time limits in which the violations are to be corrected. Failure to comply with the time limits shall be a violation of this Article. Section 21.1307. Enforcement Fees. A. In order to defray the costs of enforcement of this Article, the following fees shall be imposed on those properties and owners of those properties which are found not to be in compliance with the Property Maintenance Code. B. The Village shall charge a monthly enforcement fee for each property that meets the following conditions: 1. The property is subject of a notice of violation of this Article described in Section 21.1306; 2. A response period of thirty (30) days has passed since the effective date of the initial notice of violation; and 3. The property remains out of compliance with the initial notice of violation or any subsequent notice of violation. C. The amount of the monthly enforcement fee shall be: 1. For properties with 1 to 4 dwelling units that are not in compliance within a particular complex: $50.00 2. For properties with 5 to 20 dwelling units that are not in compliance within a particular complex: $100.00 3. For properties with more than 20 dwelling units that are not in compliance within a particular complex: $150.00 D. Whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, the owner shall so notify the Director. Upon receipt of the notice, the Director shall promptly schedule an inspection of the property and shall notify the owner if any violations remain uncorrected. E. Once monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected. F. When a property meets the conditions for charging an enforcement fee as described in Section 21.1306, the Director shall file a statement with the Finance Director that identifies the property, the amount of the monthly fee, and the date on which the charges shall begin. The Finance Director shall then: 1. Notify the property owner(s) of the assessment of enforcement fees; 2. Record a lien against the property with the Recorder of Deeds of Cook County; 2 Article Xlll, Chapter 21 Page 3 of 4 3. Bill the property owner(s) monthly for the full amount of enforcement fees owing, and 4. Maintain lien records until: (a) The lien and all associated interest, penalties and costs are paid in full; and (b) The Director certifies that all violations listed in the original or any subsequent notice of violation have been corrected. G. Each person who has an interest in the property on or after the effective date of a notice of violation shall be personally liable for fees imposed pursuant to this Section, including all interest, civil penalties and other charges. Sec. 21.1308. Exceptions to Enforcement Fees. A. If after October 1st of any year violations on a property have been corrected except those for exterior paint, roofing, exterior concrete and masonry, the Director may, at the written request of the owner, temporarily suspend enforcement fees until the following May 1st. However, the owner shall make the emergency repairs to a roof that are necessary to prevent water damage to the interior. 1. If the owner fails to correct violations within the stated period of suspension, the full value of all suspended fees shall be reinstated as a charge against the owner. 2. If the owner fails to make needed temporary or emergency roof repairs to prevent interior water damage, the Director may revoke any fee suspension, and immediately charge the full value of all suspended fees. B. Notwithstanding the other provisions of this Section, the enforcement fee may be waived if upon application it appears to the Director that the following conditions are met: 1. The dwelling unit is occupied by the owner; 2. The owner furnishes proof that his or her total household income for the preceding calendar yea r did not exceed 50% of the adjusted household median income for the Chicago area, as determined by the U.S. Department of Housing and Urban Development. " SECTION THREE: That this Ordinance shall be in full force and effect from and after 3 rticle XIII, Chapter 21 Page 4 of 4 its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Hendricks, Skowron, Wilks NAYS: None ABSENT: Corcoran, Hoefert PASSED and APPROVED this 16th day of May , 1995. ATTEST: Carol A. Fields Village Clerk 4