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HomeMy WebLinkAboutOrd 4645 05/17/1994 ORDINANCE NO. 4645 AN ORDINANCE AMENDING ARTICLE XIII ENTITLED "PROPERTY MAINTENANCE CODE" OF CHAPTER 21 OF THE VILLAGE CODE OF MOUNT PROSPECT PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the l?th day of May , 1994 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 17th day of May , 1994. /caf 4/28/94 5/4/94 ORDINANCE NO. 4645 AN ORDINANCE AMENDING ARTICLE Xlll ENTITLED "PROPERTY MAINTENANCE CODE" OF CHAPTER 21 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the corporate authorities of the Village of Mount Prospect have found that the best interests of the Village would be served by establishing specified rules and regulations governing the maintenance of private property in the Village in order to protect the environment as well as the public health, safety and welfare and to prevent blight in the Village; and WHEREAS, it has further been determined that the best interests of the Village would be served by adopting the '1990 BOCA Property Maintenance Code and by specializing that Code to the Village of Mount Prospect by making certain amendments to that Code. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Article XIII entitled "Property Maintenance Code" of Chapter 21 (Building Code) of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting said Article XIII in its entirety and substituting therefore the following; so that hereinafter said Article Xlll of Chapter 21 of the Village Code shall be and read as follows: " ARTICLE XlII PROPERTY MAINTENANCE CODE SECTION: 21.1301. Purpose 21.1302. Scope and Applicability 21.1303. BOCA Property Maintenance Code Adopted 21.1304. Graffiti 21.1305. Exterior Openings in Vacant Structures Sec. 21.1301. Purpose. The purpose of this Article is to protect the environment and the public health, safety and welfare, and to prevent and control blight by establishing regulations and enforcement procedures to the end that buildings and real estate within the Village are maintained in a safe and sanitary condition, free of health, fire and safety hazards. Sec. 21.1302. Scope and Applicability. Except where otherwise specified, the provisions of this Article shall apply to all buildings and real estate located within the Village and shall apply in addition to all other Village Ordinances. Sec. 21.1303. BOCA Property Maintenance Code Adopted. For the purpose of establishing rules and regulations governing property maintenance, there is hereby adopted the 1990 Edition of the BOCA Property Maintenance Code together with all appendices, except such portions as are Property Maintenance Page 2 of 7 hereinafter expressly deleted, amended or modified: 1. "Appendix A - Referenced Standards" - Amend by deleting "BOCA National Plumbing Code" and substituting therefore" Illinois Plumbing Code". 2, PM 103.4 - Delete in its entirety and substitute with the following: "PM .103.4 Used materials and equipment: Used materials, equipment and devices shall not be reused unless such materials have been reconditioned, tested and placed in good and proper working condition, are clean and ,sanitary and approved for use by the code official." 3. PM '106.1 - Add the following sentence: "in any instance where the Association is responsible for the repair and maintenance of a property they may be cited for a violation of this Code. Upon providing proof that they are not responsible, they may be dismissed as the defendant." 4. PM '106.2 Item 5. - Delete in its entirety and substitute with the following: "5. Include an explanation of the owner's right to seek modification or withdrawal of the notice by petition to the Village Manager." 5. PM 106.3. Service. Delete references to "certified or registered mail" and replace with "regular mail with proof of service". 6. PM '106.6. Enforcement procedure. Delete in its entirey and replace with the following: "PM 106.6 Transfer of Ownerehip. 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." 7. PM 108.4 Emergency Work - delete the word "shall" and replace with "may". 8. PM 108.6 Hearing - Delete in its entirety and substitute with the following: "PM .108.6 Hearing - Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Village Manager be afforded a hearing as described in this Code." 9. PM 109.1 Unlawful Acts - delete the words "lawful order" and replace with "lawful notice and order". 10. PM .109.2 Penalty - Add the amount of the fines, so that the fines to read "... be subject to a fine of not less that One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) ..." 11. PM 111.1 Petiaon - Replace the word "board" with "Village Manager". 12. PM '1'1'1.2 and PM '1'11.3 - Delete in their entirety. Property Maintenance Page 3 of 7 13. PM 201.0. Applied Meaning of Words and Terms - Delete the definition of "Multiple Family Dwelling", "One-Family Dwelling", "Two-Family Dwelling", "Dwelling Unit", "Family" and "Person" and replace with the following: "DWELLING A building, or portion thereof designed or used exclusively for residential occupancy. Not included ara hotels, motels, rooming, boarding or lodging houses. MULTIPLE- A building, or portion thereof consisting of thrae (3) FAMILY: or mora dwelling units. SINGLE-FAMILY, A building, structure or portion thereof, containing ATTACHED: three (3) or more attached single family dwellings where the units are primarily connected horizontally. SINGLE-FAMILY A building containing a single dwelling unit only, DETACHED: which is separated from all other dwellings by open space. TWO-FAMILY: A building consisting of two (2) dwelling units which have been attached." "DWELLING UNIT: One or mora rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping." "FAMILY: One or more persons related by blood, marriage or adoption or a group of not mora than five (5) persons not so related, maintaining a common household in a dwelling unit." "PERSON: An individual, corporation, association, partnership or any other group acting as a unit." 14. PM 30'1.3 Sidewalks and driveways - Delete PM 301.3 in its entirety and replace with the following: "PM 301.3 Sidewalks and driveways: All sidewalks, walkways, driveways, parking spaces, parking space striping, curb stops and similar areas shall be kept in a proper state of repair, and maintained structurally free of hazardous conditions. Stairs shall comply with the raquiraments of Section PM 302.10." 15. PM 301.4. Weeds - Delete the height of "10 inches" and replace with "8 inches". 16. PM 301.4.1 Dead Trees - Create a new section as follows: "PM 301.4.'1 Dead Trees - No dead trees shall be allowed to remain on real estate within the Village for more than thrae (3) months." Property Maintenance Page 4 of 7 17. PM 301.7 Accessory structures - Add the following sentence: "Peeling paint, decayed wood and other defective surfaces shall be corrected." 18. PM 30'1.8 Motor Vehicles - Delete the words "not more than one" and replace with "no" in first sentence. 19. PM 302.'1 General - Add the following sentence: "VVhenever repair, replacement or maintenance of extedor surfaces is required to comply with this section, such repair, replacement or maintenance shall be undertaken so as to match, conform and be consistent with the existing exterior and shall comply with all applicable provisions of the Village Code of Mount Prospect." 20. PM 302.2 Street numbers - Delete the words "... 3 inches (76 MM) high and 1/2-inch (13 MM) stroke" and replace with "... two and one-half inches (2-1/2") in height". 21. PM 302.12 Insect screens - Insert the following dates where required: "April 15 through October 15" 22. PM 302.16 - Create a new section as follows: "PM 302.16. Window Locks. Every window and sliding door within twenty feet (20') of the ground, or ten feet (10') of an adjacent roof, exterior stairway, fire escape, porch, or some other means of access, requires a window lock. In addition, if the window slides up/down to open/close (sash window), it is to be equipped with a device which will allow the window to be opened at least four inches (4") and no more than six inches (6") when the lock is activated. These window latch devices are simple mechanisms available cheaply at all hardware stores. Storm window and screen window latches are not acceptable." 23. PM 302.17 - Create a new section as follows: "PM 302.17. Door Security - Unless there is a 24 hour doorman, all apartment building entrance doors (front, rear, side, garage) must automatically lock with a deadlocking latch when they close. A key (or electric door buzzer) is required to open them from the outside, and a knob, handle or panic bar from the inside; In the case of the front door if there is a lobby, either the inner or outer foyer door must meet the requirement." 24. PM 303.4 Lead-based paint- Delete in its entirety. 25. PM 401.2 Common halls and stairways - Delete in its entirety and substitute with the following: "PM 401.2 Common halls and stairways: Every public hall and stairway in every multiple dwelling shall be adequately lighted by natural or artificial light at all times, so as to provide in all parts thereof at least ten (10) footcandles of light at the tread of floor level." Property Maintenance Page 5 of 7 26. PM 601.1 Residen§al buildings - Delete in its entirety and replace with the following: "PM 601.1. Residential buildings - Every dwelling shall have heating equipment and appurtenances which are properly installed and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located thereon to a temperature of at least 68 degrees F at a distance of thirty-six inches (36") above floor level under ordinary winter conditions from September 15 through June 1." 27. PM 602.4 - Add an entirely new section as follows: "PM 602.4. Intercom system. Intercom systems installed as a part of the original construction or added at a later date shall be maintained in good working condition. The removal of such a device, item or fixture is prohibited and does not constitute repair or maintenance." 28. PM 603.1. General - Delete in its entirety and replace with the following: "PM 603.1. General - "Elevators, escalators, and dumbwaiters shall be maintained in accordance with Village Code Section 21.210 and 21.211." 29. Article 7 Fire Safety Requirements - Delete Article 7 in its entirety and replace with the following: "Article 7 - Fire Safety Requirements" - The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with Chapter 24 entitled "Fire Prevention Code" of the Village Code of Mount Prospect. A person shall not occupy as owner-occupant or permit another person to occupy or use any premises that do not comply with the requirements of Chapter 24 of the Village code of Mount Prospect. 30. PM 801.1 Cleanliness - Add the following sentence: "Any building or development containing common areas shall be maintained in a clean and sanitary condition by the entity that owns or is otherwise responsible for the common area." 31. PM 801.4 Garbage Facilrdes - Delete in its entirety and replace with the following: "PM 801.4. Garbage Facilities. The owner of every dwelling shall supply approved receptacles in accordance with Section 19.201 of the Village Code of Mount Prospect." 32. PM 802.4 - Add the following sentence as the final sentence: "When the occupant does not exterminate, the owner shall exterminate." 33. Article 9 - Delete in its entirety. Property Maintenance Page 6 of 7 Sec. 21.1304. Graff'(d. A. It shall be unlawful for any owner of real property or association governing real property upon which graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti within fourteen (14) days of receipt of a notice to remove graffiti by the Village. B. For the purpose of this Article, the term "graffiti" shall mean the inscription or marking of any wall, fence, sign, sidewalk, pavement, post, stone, tree or other natural object, or any other public or private structure of building by carving, the application of paint, or other substance, or by any other means, other than as permitted by the Ordinances of the Village. Sec. 21.1305, Exterior Openings in Vacant Structures, A. Exterior openings to be secured: 1. Any exterior opening in a vacant structure which, in the judgment of the Director of Inspection Services, has fallen into disrepair under the requirements of this Property Maintenance Code or constitutes a hazard or nuisance to the citizens of Mount Prospect shall be enclosed and secured for its entire height and width with wood or a similar non- penetrable material. 2. The wood or other non-penetrable covering affixed in,over, or behind any exterior opening or a vacant structure shall be painted a color consistent with the exterior of the vacant structure. 3. No structure or portion of a structure that has been boarded up pursuant to the provisions of this Section 21.1305 shall be required to be painted if said vacancy is reasonably anticipated to remain for a period of fourteen (14) days or less. B. Permit required: 1. No building may be boarded up in the Village of Mount Prospect without first obtaining a permit from the Inspection Services Department. Application for said permit shall be accompanied by a statement describing with particularity the type of materials to be used for the boarding up and the exact area to be boarded up. The fee for said permit shall be Twenty Five Dollars ($25.00). 2. in the event that a structure is rendered vacant as a result of fire or other sudden catastrophic occurrence and such that a permit cannot be reasonably obtained prior to the boarding up or such structure, the owner shall make application for said permit within forty-eight hours of the event rendering said structure vacant. 3. Notwithstanding the requirements contained hereby, any structure roperty Maintenance Page 7 of 7 rendered vacant due to fire or other sudden catastrophic occurrence shall not be required to pay the permit fee provided in subsection B.1 herein." SECTION TVVO: That all Ordinances or parts of Ordinances in conflict with this Ordinance are hereby amended to the extent of the conflict. SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hendricks, Skowron, VVilks NAYS: None ABSENT: Hoefert PASSED and APPROVED this 17th day of May, 1994. Village P'resident ATTEST: Carol A. Fields Village Clerk