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HomeMy WebLinkAboutIV. COW Agenda Item Proposed Code Updates Chapter 21 Property Maintenance 04/14/2009 Property Maintenance Code Update (Village Code Chapter 21 Section 603) Proposed changes to code are shown according to the following: . Old text - standard font :"';J~~;:\'":';"'::':">~"~'f:'~~;f'tiiOli~~!!Z'~',,:o~:,~ . New text - g~Y.Jli9h!jg.hted . Text to be removed "co.' .,'A~:''Z':",:, .,,""f' ';';'''~cf'~.'::'i'';'''',:';~7}<'''''''''.': . Narration - Text box providing description of proposed changes. 21.603: INTERNATIONAL PROPERTY MAINTENANCE CODE Narration: Staff recommends Adopting 2006 edition of International Property Maintenance Code to be consistent with Building and Fire International Code Editions. The amendments made to the property maintenance code were made to keep the code consistent with past editions, reduce burdensome language, and conflicts with other codes and requirements. The most notable of the amendments is maintaining the. occupancy requirements from the 2000 and 2003 editions of the International Property Maintenance Code as the 2006 overcrowding requirements are a subjective decision of the code official and are no longer based on the size and design of the dwelling. 21.603: INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTED; AMENDMENTS: For the purpose of establishing rules and regulations governing property maintenance, there is hereby adopted the;woo ~ edition of the international property maintenance code together with all appendices, except such portions as are hereinafter expressly deleted, amended or modified: Chapter 8 - Referenced Standard - Amend by deleting "international plumbing code" and s~bstituting therefore "Illinois plumbing code". . . I Narration: Insert Village of Mount Prospect into the title of the Property Maintenance Code D."QIDIfTitl~llw~e[t]llie1~\0nag~ofWQuiit'.f.h:().sRe..a'SlWHermaUirem Narration: All plumbing work must be done in accordance with the Illinois Plumbing Code per state law. All references to the International Plumbing Code have been replaced with Illinois Plumbing Code. .wM ~P1~~ - Delete "international plumbing code" and substituting therefore "Illinois plumbing code". lJ.na6ter~8EReferencedlStalliH:l.l:d~ - Delete "international plumbing code" and substituting therefore "Illinois plumbing code". Narration: Delete fees section to eliminate conflicts with existing Village fees. [.p~:iSm:e:es;;~Oelae;i~its!.e.nti~n1 Narration: Amend record keeping requirements to be consistent with Village Policies, and record keeping practices. ctuteto'wljicn slicnrecoraSltela Narration: Code Section reference was changed to a more appropriate section. Language and intent has not changed since adoption of 1990 edition of Property Maintenance Code. -lG&:-l- Bm~~ - Add the following sentence: "In any instance where the association is responsible for the repair and maintenance ofa 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." Narration: 2006 Edition states all violations shall be a lien on a property. To eliminate burdensome requirement of placing liens on every property that is cited with a violation "shall" was replaced with "may" . Narration: To eliminate conflict with above amendment and burdensome requirement that all inspection forms contain a statement of the Village's right to file a lien which is not appropriate for all notices. n0017~1!Ir(}rm~D"];I~~-']lliif.s!eUtir~tYJ Narration: Language and intent has not changed since adoption of 1990 edition of Property Maintenance Code. 107.5. Enforcement procedure. Delete in its erltirety u:1d replace with the following: 107.5 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 ofthe compliance order or notice of violation have been complied with. Narration: No change from current code for the following two amendments 109.6 Hearing. - Delete in its entirety and substitute with the following: 109.6 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. Narration: Eliminate restrictive language that requires a construction project to be inactive for two years before condemnation can be considered. nT1Q.IID~D.e.rnl.ZDille:tei'ifQi2a::aerlOa:Ofjn.Qre:iliariftw:O y~ Narration: Modify appeals section to be consistent with Village policies and codes. 111.1 Petition - Replace the word "Bo.ara of ariW!i" with "village manager". 111.2 through -l-l--h8 ffIl;1i - Delete in their entirety. Narration: The "Stay of enforcement section" as written in the model code would halt compliance upon application of any appeal. The section has been amended to permit persons to apply to the appropriate court for a stay of enforcement. Ii1;J~S[S(av.;Qf~Eufpt~~iit.i>:lI)ElmJQ.its~entir:etY~nll:strbSfitJJte'with'=t~]QIIQ~ing~ ;J:HS ,StaygtEnfqrce" "P~ t..~~Qml"'ttI't '~th ~,., ;{',,\,!, Jf'..~l o a v,_ p~ t;..ap..p.rQlmate fJ.iers~~~.W0. etbel(',Qr,,~ota,previo~s;p(lrtYOftliFp.eal~';sha l' fiave:tl1erigQ] to'slayj:he enforcement ofa notice:ahd.illrd~r. ___---1 I Narration: No change from current code for the following amendment. 202 General Definitions. Compost pile. A collection of easily decomposable, smaller particulate matter maintained for the purpose of providing an ecologically sound method of disposing of such materials. Narration: Add the definition pods to codify existing polic~es that a pod is an unlawful structure and shall be removed within 14 days of delivery. !ffiS:ertitlie}T6.1IQWing:[Q@.D.illQf1JQ:2QLG~efijl)2~fiiiitiQtfSl I Narration: No c~ange from current code for the following four amendments. 302.3 Sidewalks and driveways. - Delete 302.3 in its entirety and replace with the following: 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, 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. 302.3.1 Gravel Driveways and parking lots. Any existing gravel driveway or parking lot shall be 'paved, in compliance with all applicable sections ofthe village code, by January 1,2015. 302.4. Weeds. - Delete the height of "10 inches" and replace with "S inches". Narration: Add the code text to regulate pods consistent with existing policies that a pod is an unlawful structure and shall be removed within 14 days of delivery. [O:t~'4d:P:Q:ffiil1J~:Qii;-:d.efuandtstQrage,~trnclJfte.~@r.eJi~h~~~Ii9EiW!fQllowsj .- Narration: Recommend deleting requirement that tree must be dead for three months before it is a violation as the language has occasionally delayed removal of dead trees. Recommend adding dead shrubs to provide clear language that dead shrubs must be removed. Ongoing code enforcement strategy has been to consider dead rubbish or debris and require their removal and proper disposal. 302.1.0 Dead Trees IDl1l1.sli'fU.8.$l - Create a new section as follows: 302.10 Dead Trees IDiaKi1ii1ilis) - No dead trees or shrubs shall be allowed to remain on real estate within the village for more than three (3) months. Narration: No change from current code for the following six amendments. Where necessary the code section has been edited to match appropriate section of 2006 Property Maintenance Code edition. 302.11 Compost Piles. Compost Piles shall not exceed a maximum size of four (4) feet tall by four (4) feet wide by four (4) long. Compost piles shall be located behind the principal structure and are not permitted within any required front or side yards. Compost pile must be located a minimum cffive (5) feet from a property line. Compost piles shall be regularly tended to ensure the materials are properly decomposing. WH ~ General. - Add the following sentence: "Whenever repair, replacement or maintenance of exterior 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. 303.13.3 SP4!li31J - Create a new section as follows: "303.13.3 [@~f3~ 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 low cost mechanisms available at hardware stores. Storm window and screen window latches are not acceptable." ~ r@'':l::~ Insect screens. - Insert the following dates where required: "April 15 to October 15". 303.15.1 ~Q4:n'5=11- Create a new section as follows: 303.15.1 rill~:l'-Il:P1Jl 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 ifthere is a lobby, either the inner or outer foyer door must meet the requirement." ~ ~Qg-.~ - Add the following sentence as the final sentence: "When the occupant does not exterminate, the owner shall exterminate." Narration: Occupancy requirements for 2006 edition of the Property Maintenance Code are no longer based on room sizes and overcrowding is a subjective decision of the code official. Using such language in overcrowding enforcement strategies can result in legal challenges, and doe s not give landlords and residents specific guidelines to determine occupancy. Staff recommends maintaining the existing Village occupancy and overcrowding language from the 2000 International Property Maintenance Code by amending the following four sections of Chapter 4. gD?:17ftr1q~RQll.t.iUaf.eaB:fie.le:t~:S~:aiQn~n1:it:G::R:mr~re:a;ijin;.itS:"'entitelY!afia:r~plac:e':'witnrilieffQllQ~ingj elete Section' 404~5 .1inJt.s::'e.miijvZii3_,replijC"eJMtitlilliil flQ4T51dtsleepj[itTarea. ~Greatera1!'"neW:Sj;gLona]IfollQ1YSi h-04'r5:2[eombiried~suacesJfl!~i~'aleJlJ.ffe:.w"]ectjon..asGfQlIQWs.1 Narration: No change from current code for the following five amendments. Where necessary the code section has been edited to match appropriate section of 2006 Property Maintenance Code edition. 602.2 Residential occupancies - Delete the words"... 65 degrees Fahrenheit" and replace with ". . .68 degrees Fahrenheit"; 602.3 Heat supply. - insert the following dates where required: "September 15 to June 1". .~ 1iQ2~41<J>.~lTp.iiQlerwm-~~Illie.H'ttHe]fQllIDV,iiiWaatb's:wn~t.e:~Qijm~sept~Ji~~:;.r~!tq;JtTneIlitl 605.4 - Add an entirely new section as follows: Narration: Require intercoms to be labeled to permit tenants to improve security and make property less attractive for criminal activity. - 605.4. 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 and lli:1:iltfd3Y.itlLlM:'uilit!I1umoer::onoci.upati1 l1aID~ The removal of such a device, item or fixture is prohibited and does not constitute repair or maintenance. " 606.1. General - Delete in its entirety" Narration: Staff recommends relocating "Enforcement Fee" and related provisions 21.606 - 21.609 more appropriately to the Residential Landlord and Tenant Regulations, Chapter 23, Article XVIII where they may be used to encourage compliance of all Village Code violations cited during a rental license inspection. The text for these sections has been amended as needed to eliminate conflicts and update waiver requirements to current crime-free housing practices. In addition Chapter, Section S.21 06 staff recommends inserting text to permit Administrative Law Judge to order participation in any training, program or certification provided under Section 23.1S15, Crime Free Housing. Village Attorney, George Wagner is preparing a draft. Narration: Remove reference to decayed, diseased, or hazardous trees as it conflicts with Public Works and Village Attorney instruction to protect Village from liability regarding Village trees. Chapter 23, Article XIV Nuisance 23.1403.S. To cause or allow dead, BeQay~g,_dise~~, 'Qt.oozara()iJ~ trees, weeds, hedges, and overgrown or uncultivated vegetation which are in or create a hazardous condition, are an obstruction to pedestrian or vehicular traffic, conducive to crime, or are likely to harbor rats, vermin, or other pests.