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HomeMy WebLinkAboutOrd 3006 05/20/1980 /12/80 ORDINANCE NO. 3006 AN ORDINANCE ESTABLISHING THE PROPERTY MAINTENANCE CODE WHEREAS, the Village of Mount Prospect is an established communi~ with many older homes and commercial and industrial buildings; az WHEREAS, in order to encourage owners of properties and resident~ in %he Village to maintain such properties in a clean, safe and sanitary manner so that blight and deterioration may be prevente¢ the President and Board of Trustees find that it is in the best interest of the owners of property and residents of the Village of Mount Prospect to establish maintenance standards for propert located in the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION ONE: Chapter 21 (the Building Code) of the Municipal Cod of the Village of Mount Prospect be, and the same is hereby, amended by adding to said Chapter a new Article X-V!, which said Article shall hereafter be and read as follows: ECTION: 21.1601. 21.1602. 21.1603. 21.1604. 21.1605. 21.1606. 21.1607. 21.1608. 21.1609. 21.1610. 21.1611. 21.1612. 21.1613. 21.1614. 21.1615. 21.1616. 21.1617. 21.1618. 21.1619. 21.1620. 21.1621. 21.1622. 21.1623. ARTICLE XVI PROPERTY MAINTENANCE CODE 5/12/S0 Purpose Scope and Applicability Definitions Maintenance Required Maintenance Standards Responsibilities of Owners and Operators Responsibility of Occupants Additional Responsibilities of Owners and Operators of Hotels and Motels Transfer of Responsibility Rules and Regulations Inspections and Right of Entry Notice of Violations Effect of Non-Compliance Designation of Building as Unfit For Human Use -- Procedures Effect of Designation of Dwelling as Unfit For Human Use Designation of Building as Dangerous and a Public Nuisance -- Procedures Effect of Designation of Building as Dangerous and a Public Nuisnace Emergency Cases Assistance of Village Attorney Imposition of Penalty No Bar to Legal Action Appeals Records Severability Sec. 21.1601. Purpose. The purpose of this Article is to protect the environment and the public health, safety and welfares and to prevent and control blight by establishing regulations and enforce- ment 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. 21.1602. Scope and Applicability. Except where otherwise specified hereinafter, 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. 21.1603. Definitions. For purposes of this Article, the following words and terms shall have the following meanings: ACCESSORY STRUCTURE: A building the use of which is incidental to that of the principal building and which is located on the same lot. BASEMENT: A portion of any building located partly underground but having less than half its clear floor to ceiling height below the average grade of the adjoining ground. % 5/~2/80 - 2 - BUILDING: Any residential or nonresidential support, shelter or enclosure of persons, animals, or movable property of any kind, and which is permanently affixed to the land. CELLAR: A portion of a building located partly or wholly underground and having half or more than half of its clear floor to ceiling height below grade. ENFORCEMENT OFFICER: A person designated by the Village Manager to enforce the pro- visions of this Article. EXTERMINATION: The control and elimination of insects, rodents or other pests by elimin- ating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumi- gating or trapping; or by any other recognized legal pest elimination methods. GARBAGE: Any rejected or waste household food, offal, swill or carrion, and every accumulation of animal, fruit or vegetable matter that at- tends the preparation, use, cooking and dealing in, or storage of, meats, fish fowl, fruits or vegetables, and any other matter of any nature which are subject to decay, putrefac- tion and the generation of noxious or offensive gases or odor, or which during or after decay may serve as breeding or feeding material for flies or other germ-carrying insects. HOTEL: A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist court or otherwise. INFESTATION: The presence within or aroUnd a dwelling or dwelling unit of any insects, rodents or other pests. LET: To give another person the right to occupy any portion Of a building or real estate or both. The act of "letting" shall be deemed to be a continuing act for so long as the person given the right to occupy the premises continues to do so. A further "letting" by any occupant of a portion of a building is, for pur- poses of this Article, also a "letting!' by the owner or operator of the building. 3 - 5/12/80 MOTEL: A building or portion thereof, or a group of buildings, which provides sleeping accommoda- tions for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist court or otherwise. OCCUPANT: Any person, over one year of age, liv- ing in, sleeping in, or having actual possession of a building or portion thereof. OPERATOR: Any person having charge, care, manage- ment or control of any building, or part thereof. OWNER: Any person who alone or jointly or severally with others shall have Ieqa! or equitable title to any building, the agent of said person or any per- son having management or control of any building or portion thereof, including, but not limited to, a purchaser, mortgagee, receiver or lessee in possession of any building or portion thereof. PERSON: Any natural person, partnership, trust, corporation or association. Whenever used with respect to any penalty, the term "person" as applied to partnerships or associations shall mean the partners or members thereof, and as applied to trusts or corporations shall mean the trustees or officers thereof. PLUMBING: Gas pipes, gas-burning equipment, water-heating equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes-washing machines, wells, septic tanks, catch basins, drains, vents and any similar supplied fixtures, together with all connections to water, sewer or gas lines. PREMISES: A lot, plot, or parcel of land, includ- ing the buildings and structures thereon. RUBBISH: Rubbish shall mean combustible and non- combustible waste materials, except garbage; and the term shall include the residue from the burn- ing of wood, coal, coke and other combustible material, paper, rags, cartons, buxes, wood ex- celsior, rubber, leather, tree branches, yard trimming, tin cans, metals, mineral matter, glass crockery, dust or any object that is removed from the things that are presently worthless or unsuit- able for immediate purpose. 4 - SUPPLIED: Paid for, installed, furnished or pro- vided by or under the control of the owner or operator at its own expense. Sec. 21.1604. Maintenance Required. It shall be unlawful for the owner of real estate or any owner or operator of a building to fail, refuse or neglect to maintain such real estate or building in accordance with the provisions of this Article. Sec. 21.1605. Maintenance Standards. A. General Standards. Ail buildings and real estate shall be main- tained in good repair and each part of a building shall perform the function for which such part was designed or intended to be used. 2e Facilities, utilities and equipment, including, but not limited to chimneys and heating and ventilating equipment and facilities, which are part of or used in or on a building'and the real estate on which such building is located shall be maintained in good repair and working order so that they function safely and effectively without threat to health and safety. B. Specific Standards. FoUndations, Exterior Walls and Roofs. Every foundation, exterior wall and roof of every building shall be substantially weather-tight, water-tight, and rodent proof; shall be kept in sound condition and good repair; shall be kept free of holes or breaks, and of loose or rotting boards, timbers, bricks, stones and other structural material; and shall be safe to use and capable of supporting the load which normal use may cause to be placed thereon. Se Exterior~ Surfaces. Ail exterior surfaces of any building shall be reasonably capable of withstanding the effects of the elements and decay. Any exterior surface which is deteri- orated, decaying, disintegrating, or which has lost its capability to reasonably with- stand the effects of the elements shall be repaired. 5 - ~ 5/12/80 o Windows and Exterior Doors. Every window, exterior door, basement or cellar door, and hatchway shall be substantially weathertight, watertight, wind- tight, and rodent-proof; shall be equipped with all appropriate hardware; shall be capable of being easily opened unless designed to be fixed; and all windows, exterior doors and screens shall be kept in good repair. Stairways and Porches. Every inside and outside stairway and porch and every appurtenance thereto shall be maintained in a good state of repair and free from rotting, loose or deteriorating sup- ports, rails, floors, and stairs so as to be safe to use and capable of supporting the loads that normal use may cause to be placed thereon. ~ccesso'rY Structures. Ail garages, tool sheds and all other accessory structures shall be kept in good repair so as not to be unsafe or a harborage for rats and other rodents. Fences and roadside mailboxes shall be maintained in good repair, solid and in the same condition required for other exterior surfaces. If attached to the exterior of a building, a television antenna shall be firmly and securely fastened to the building and shall be maintained in good repair. No television antenna shall be attached to any tree located on public property vegetation. No real estate within the Village shall have uncontrolled growths of vegetation in violation of Article II of Chapter 24 of the Muni- cipal Code of the Village of Mount Prospect. No dead trees shall be allowed to remain on real estate within the Village for more than three months. 7. Driveways and Walkways. Cement or asphalt driveways and parking areas shall be maintained free of loose or broken material, cracks which are safety hazards, and such driveways and parking areas shall be repaired as necessary to avoid safety hazards. Stone driveways, walkways and parking areas shall be main- tained in forms designed to prevent the spread of gravel to public ways, easements and adjoining private property. 8. Gutters, Downspouts and Sump Pumps. All gutters and downspouts shall be maintained free of debris which might prevent their proper functioning and shall not be allowed to discharge in a manner which might create unnecessary erosion. All gut- ters and downspouts shall be securely fastened to the building which they serve. No sump pumps shall discharge across the surface of public or private property. 6 - / ~ 5/12/80 10. 11. 12. 13. 14. Ratproofing. Every building and the property on which such buildings are located shall be main- tained in a rat-free and ratproof condition. Plumbing. Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good sanitary working condition. Ingress and Egress. The means of ingress to and egress from any building, including but not limited to, hallways, corridors, stairs and porches, shall be maintained in good repair and free from any obstructions. Protective Railings. Any handrails, guardrails or other types of protective railings required to be constructed or installed under any provi- sion of the Municipal Code of the Village of Mount Prospect or which have otherwise been con- structed and installed shall be maintained in good repair. Storage of Motor Vehicles. No licensed or unlicensed motor vehicle or part thereof shall be abandoned, parked, or stored if such motor vehicle or part thereof is in an abandoned, wrecked, dismantled or inoperative condition, upon any private property within the Village of Mount Prospect, for a period in excess of thirty days, unless such motor vehicle or part thereof, is completely enclosed within a building in a lawful manner, where it is not plainly visible from the street or other public or private properties, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or repair shop. During the thirty day period during which such dismantled, wrecked or unoperative vehicles may be abandoned, parked or stored outdoors on private property, such vehicles or parts thereof may only be parked and stored on the portion of the rear yard of the property which is paved and customarily used for driveway purposes. Garbage and Debris Accumulation Prohibited. Accumulation of garbage and debris which violates the provisions of Article II of Chapter 19 of the Municipal Code of the Village of Mount Prospect is prohibited. Sec. 21.1606. Responsibilities of OWners and Operators. Every owner or operator of a building or real estate shall: Compliance with Duties. Comply with all duties imposed by this Article. Furthermore, no owner or operator shall let to another person any building'.or real estate 7 - unless such building or real estate or both are clean, sanitary, fit for human use and occupancy~ and comply with all applicable provisions of local, state and federal law. Be Shared Area 'and Facilities. Maintain in a clean and safe condition the shared or public areas of a building and the real estate on which it is located, including parkways, and maintain and repair any equipment or facilities which said owner or operator supplies or is required to provide under this Article. Extermination. Prevent infestation of any building and exterminate any insects, rodents or other pests in any building. Do Garbage and Rubbish DisPosal. Supply and maintain facilities for the temporary storage and disposal of garbage and rubbish as required by Chapter 19 of the Municipal Code of the Village of Mount Prospect and provide for the collection of garbage and rub- bish from the premises in the manner provided in said Chapter. Accumulation of Debris and Storage of Goods. No owner of a building or real estate shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal or any other materials in such a manner that such accumulation may provide a rat harborage or fire hazard. Sec. 21.1607. Responsibility of Occupants. Every occupant of a building or real estate shall: Maintenance. Maintain in a safe and sanitary condition that part of a building or real estate or both which such occupant controls and be responsible for misuse of common areas and facilities. Garbage and Rubbish Disposal. Dispose of all garbage and rubbish in a clean and sanitary manner by placing it in approved storage or disposal facilities which are safe and sanitary. 8 5/12/80 Accumulation of Litter, Debris and Storage of Goods. No person shall place on any real estate or in a building or on the real estate upon such buitding is located any mate- rial which causes a fire hazard or otherwise endangers the life, health or safety of any person or constitutes a blighting or deteriorating influence on the premises or neighborhood, nor place in storage on tke premises any furniture, equipment or material which harbors insects, rodents or other pests or is conducive to infestation. Sec. 21.1608. Addit%onal Responsibilities 'of OWners and Operators of Hotels and-Motels. General Responsibilities. Every owner or operator of a hotel or motel shall comply with the provisions of this Article. Additional Responsibilities. The owner or operator of every hotel or motel shall be responsible for the following: The sanitary maintenance of'All walls, floors and ceilings and for the maintenance of a sani- tary condition in every part of the hotel or motel; 2. The extermination of any insects, rodents or other pests wherever found in the hotel or motel; 3. The sanitary maintenance and extermination of the premises; The disposal of all garbage and rubbish by sup- plying each rooming unit with facilities for storage and disposal of garbage and rubbish and by providing for the general garbage and rubbish storage, disposal and collection needs of the hotel or motel in accordance with the requirements of Article II oZ Chapter 19 of. the Municipal Code of the Villag~ of Mount Prospect. Sec. 21.1609. Transfer of Responsibility. A contract effective as between owner and operator or operator and occupant or owner and occupant with regard to compliance hereunder shall not relieve any person of the requirements imposed by this Article upon such person. 9 - 5/12/80 Sec. 21.1610. Rules and Regulations. The Enforcement Officer is authorized to adopt such written rules and regulations as may be necessary for the proper interpretation and enforcement of this Article. Such rules and regulations shall not conflict with or waive any provisions of this Article or any other ordinance of the Village of Mount Prospect. SUch rules and regulations shall be submitted to the President and Board of Trustees for approval and no such rule or regulation shall be effective without such approval. Such rules and regulations, upon approval of the President and Board of Trustees, shall be kept on file with the Enforcement Officer for Public examina- tion. Such rules and regulations shall have the force and effect of this Article and shall continue in effect until revoked by the Enforcement Officer with the approval of the President and Board of Trustees. Sec. 21.1611. ~nspections and Right of Entry. ae I~spectio'ns Authorized. The Enforcement Officer is. hereby authorized to conduC~ inspect'ions of b~iI~±n~s, acces- sory structures and the real estate on which they are located to enforce the provisions of this Article in response to complaints or whenever the Enforcement officer shall deem such inspections necessary; pro- vided, however, that such inspections must be made at reasonable times and upon reasonable notice to, and with the consent of, the owner or operator and the occupant, except when an emergency requires immediate action. Inspection Upon Warrant. Whenever the Enforcement officer, after presentation of proper credentials and request for authorization to inspect, is refused access to any building or the premises thereof, the Enforce- ment Officer is authorized to petition any judge for the issuance of a search warrant authorizing the inspection of such building or the premises thereof for the purpose of making such inspections as shall be necessary to the enforcement of the provisions of this Article. Ce Owner's Right of Entry. Every occupant of a build- ing or portion thereof shall give the owner thereof, or its agent or employee, access to any part of such building, or its premises, for the purpose of making such repairs or alterations as are.necessary to effect compliance with the provisions of this Article or with any lawful rule or regulation 10 - 5/12/80 adopted or any lawful order issued pursuant to the provisions of this Article. Entry pursuant to this subsection shall be made only at reasonable times and after reasonable notice to the occupant unless an emergency requires immediate action. Sec. 21.1612. Notice of Violations. ae Be Notice Required. Whenever in the opinion of the EnforCe~en~ Officer after an inspection of a build- ing or real estate as provided herein any violation of the provisions of this Article is found to exist, the Enforcement Officer shall, within ten days after discovery thereof, serve written notice of such alleged violation upon the owner, operator or occu- pant responsible therefor. Method of SerVice,. Notice shall be given either by personal service or by mailing a copy thereof to the alleged violator by certified mail, return receipt requested, at his last known address or, in the event neither of these is effective to actually notify the alleged violator, by posting a copy thereof in a conspicuous place in or about the building containing the alleged violation. Required Contents. Such notice may include more than one alleged violation; shall demand compliance with this Article; and shall specify a period of time for compliance, which shall be such time as, in the opinion of the Enforcement Officer, is reasonably required to effect changes necessary for compliance. De Permissible Contents. Such notice may contain an outline of remedial action which if taken will effect compliance with the provisions of this Article and with any rules and regulations adopted pursuant thereto. Sec. 21.1613. Effect of Non-Compliance. If any alleged violation, of which notice has been given in conformity with this Article, is not corrected or eliminated within the time specified in such notice, then: Violator Subject to Penalty. The responsible owner, operator or occupant shall be subject to a fine of not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for each day each such violation exists after expiration of the time specified for correction in the notice given pur- suant to Section 21.1612 of this Article; and 1 - 5/12/80 Designation of Dwelling as Unfit for Human Use or the Use Intended. The building or portion thereof where the violation was found shall be subject to designation as unfit for human use or the use intended in accordance with the procedures set forth hereinafter; or C. Designation of Dwelling as Dangerous and a Public Nuisance. Where the alleged violations are of such a nature or extent that, in the opinion of the Enforcement Officer, they render all or any portion of the building unsafe and dangerous to the life, safety, morals or the general health and welfare of the occupants or the residents of the Village, or where the building or any portion thereof is uncom- pleted or has been abandoned, the Enforcement Officer may declare and designate the building, or portion thereof, as dangerous and a public nuisance in accordance with the procedures set forth hereinafter. Sec. 21.1614. ' Designation of Building as unfi:t' ~f:o'r ~uman' use or the Use Intended --Procedures. Whenever any buildi'ng or portion thereof is subject to designation as unfit for human use or the use intended under the provisions of Section 21.1613, the Enforce- ment Officer shall carry out such designation in compliance with the following procedures: Notice and Placarding. The Enforcement Officer shall serve notice of the designation of the building or portion thereof as unfit for human use or the use intended upon the owner, operator and occupant thereof. Service shall be by certified mail-return receipt requested, and by posting of a placard at each entrance of the affected building. Contents. The notices and placards required by subsec- tion A hereof shall state that the affected building or portion thereof is by such notice or placard declared to be unfit for human use or the use intended in. accordance with the provisions of this Article; shall state the specific uncorrected violations of this Article leading to such designation and the person or persons responsible for the correction thereof; and shall order the affected building or portion thereof to be vacated within a specific reasonable period of time as determined by the Enforcement Officer, which may be immediately where conditions exist presenting immediate hazards to human life, /12/80 12 - health or safety. Such notices and placards shall further state the right of any aggrieved persion to file an appeal pursuant to Section 21.1621 of this Article within 30 days of the date of the receipt of such notice. Defacing or Removing Placard. No persom shall deface or remove the placard required by subsection A hereof from any building which has been designated as unfit for human use or the use intended and placarded as such, except as provided in Section 21.1615B of this Article. Sec. 21.1615. Effect of Designation of Building as Unfit For Human Use or the Use Intended. Vacation Required. Any building or portion thereof desig- nated as unfit for human use or the use intended shall be vacated within the time specified by the Enforcement Officer pursuant to the provisions of Section 21.1614 of this Article. Be Conditions for Resumption of Human Use or the Use Intended. No building or portion thereof which has been designated as unfit for human use or the use intended in accordance with Section 21.1614 of this Article shall again be used for human use or the use.-intended until written approval is secured from, and the placard so designat~ing it is removed by,~ the Enforcement Office~, who shall remove such placard only when the defects upon which the designation was based have been eliminated, and after the building or portion thereof has been inspected and found to comply in all respects with the requirements of this Article. Sec. 21.1616. Designation of Building as Dangerous and a Public Nuisance -- Procedures. Whenever any building or any portion thereof, is subject to designation as dangerous and a public nuisance under the provisions of Section 21.1613C of this Article, the Enforcement Officer shall carry out such designation in compliance with the following procedures: Notice and Placarding. The Enforcement Officer shall serve notice of the designation of the building or portion thereof, as dangerous and a public nuisance, upon the owner, operator, occupant and lien holders of record. Service shall be by certified mail, return receipt requested, and by posting a placard at each entrance of the affected building. Where the identity or whereabouts of the owner or lien holder cannot be ascertained, notice mailed to the person or persons in whose name the premises were last assessed shall be sufficient notice. 13 - Be Contents~ The notices and placards required by sub- section A hereof shall state that the affected building, or portion thereof, is by such notice or placard declared to be dangerous and a public nuisance in accordance with the provisions of this Article; shall state the specific alleged uncorrected viola- tions of this Article deemed sufficient to justify such designation; and shall further state that such designation may result in an order for demolition. Such notice shall require the party to appear before the Enforcement Officer at a hearing to be held at a specified place and time, not less than 10 days fol- lowing the date of the notice, to show cause why the designated building, or portion thereof, should not be vacated and repaired or demolished in accordance with the provisions of this Article. Ce Defacing or Removing Placard. No person shall deface or remove the placard required by subsection A here- of from any building, or portion thereof, which has been designated as dangerous and a public nuisance, except as provided in Section 21.1617E of this Article. D. Hearing and Findings. At the appointed time and place, the Enforcement Officer shall hear such testimony as the interested parties shall offer relative to the designated building, or portion thereof, and shall, based on such testimony and investigation, make written findings of fact as to whether the building, is properly designated as dangerous and a public nuisance. Sec. 21.1617. Effect of Designate0n of Building as Dangerous and a Public Nuisance. Order. Upon a finding pursuant to Section 21.1616 that the building, or portion thereof, has been properly designated as dangerous and a public nuisance, the Enforcement Officer shall issue an order to the owner, operator, occupant and lien holders of record, commanding the owner to vacate and repair or demolish the building, or portion thereof; authorizing any lien holder of record to demolish such building, or portion thereof, at their own risk to prevent the attachment of a Village lien, as provided in subsection D hereof; and shall authorize any person so notified to vacate or repair such building, or part thereof. 14 - 5/i2/S0 Ee Petition to Circuit Court. Unless the designated building, or portion thereof, shall have been vacated and the repair or demolition thereof commenced within 15 days of the issuance of an order pursuant to sub- section A hereof, the President and Board of Trustees of the Village shall petition the circuit court of the county in which the premises are located, pursuant to the provisions of Chapter 24, Section 11-31-1 of the Illinois Revised Statutes, for an order requiring such vacation and authorizing such demolition or repair. Repair or Demolition by Village. Upon receipt of an order of court authorizing such action, the Enforce- ment Officer shall cause the designated building, or portion thereof, to be repaired or demolished, as the facts may warrant, by the Village. Provided, how- ever, that where the Enforcement Officer finds it to be in the best interest of the Village and its resi- dents, the Enforcement Officer shall notify the Presi- dent and Board of Trustees of the Village and request them to take all actions necessary to compel repair or demolition by the owner, including the applica- tion for an injunction pursuant to Chapter 24, Section 11-31-2 of the Illinois Revised Statutes. Lien for Repairs or Demolition. The costs of any vacation, repair or demolition undertaken pursuant to this Article by the Village, or any lien holder of record, shall be recoverable from the owner of the premises and shall be a lien upon such premises, as provided by Chapter 24, Sections 11-31-1 and 11-31-2 of the Illinois Revised Statutes. Conditions for Resumption of Use. No building, or portion thereof, which has been designated as dangerous and a public nuisnace in accordance with Section 21.1616 of this Article shall again be used for any purpose until and unless written approval is secured from, and the placard so designating it is removed by, the Enforcement Officer, who shall remove such placard only when the defects upon which the designation was based have been eliminated, and after the building, or portion thereof, has been inspected and found to comply in all respects with the requirements of this Article. 15 - Sec. 21.1618. Emergency Cases. In ~ases where it reasonably appears that there is immediate danger to the life or safety of any person unless a building, or portion thereof, is immediately repaired or demolished, the Enforcement Officer shall request the President and Board of Trustees to waive all the foregoing provisions of this Article and to proceed directly to secure a demolition order according to the proce- dures of Chapter 24, Section 11-31-1 of the Illinois Revised Statutes, and the President and Board of Trustees may, in their discretion, so proceed. Sec. 21o1619. Assistance of. Village Attorney. Whenever any person fails, refuses or neglects to obey an order issued pursuant to this Article or in any other manner does not com- ply with the duties imposed upon him by this Article, the Vil- lage Manager may notify the Village Attorney of the circum- stances and request the Village Attorney to institute such legal action as may be required to effect compliance. Sec. 21.1620. Imposition of Penalty No Bar to Legal Action. The imposition of any penalty pursuant to this Article shall not preclude the Village from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; to restrain, cor- rect or abate a violation; to prevent the occupancy of a building; to require compliance with the provisions of this Article or other applicable laws, ordinances, rules or regula- tions, or the orders and determinations of the Enforcement Officer or the Safety Commission. Sec. 21.1621. Appe'al.s. Appeals may be taken by the following persons, at the follOWing times, in the following manner, and with the following effects to the Safety Commission established by Article XI of Chapter 5 of the Municipal Code of the Village of Mount Prospect which shall make recommendations on such appeals to the Village Manager who shall have final authority to decide appeals: Scope of Appeal. An appeal may be taken from any decision of the Enforcement Officer, made pursuant to the authority conferred by this Article, which finds a violation of any provision of this Article; designates any building or portion thereof as unfit for human use or the use intended or dangerous and a public nuisance; orders the vacation, repair or demolition of any building or portion thereof; refuses to authorize the resumption of human use in any building or portion thereof; interprets this Article; or which in any other, manner adversely affects an owner, operator or occupant of a building or portion thereof subject to the provisions of this Article. /12/80 - 16 - Ee Persons Entitled to Appeal. Any person aggrieved by a decision'within the scope of subsection A hereof may appeal from such decision. Time for Appeal. An appeal shall be commenced within 10 days of the date of the receipt of notice of the deci- sion appealed from. Appeals not commenced within such time shall be deemed waived. Commencement of Appeal. An appeal under this Section 21.1621 shall be commenced by filing with the Enforcement Officer a notice of apPeal, specifying the grounds there- of, and by filing said appeal and a copy of said notice of appeal with the Secretary of the Safety Commission and with the Village Manager. The Enforcement Officer shall forthwith transmit to the Safety Commission and the Vil- lage Manager all of the papers constituting the records upon which the decision from which appeal has been taken was made. The notice of appeal and the appeal itself shall be filed in such number of copies, be in such form, and contain such information as the Village Manager may provide from time to time by general rule. Stay Pending Appeal. An appeal shall stay all proceedings in furtherance of the decision appealed from and all duties imposed thereby, unless the Enforcement Officer certifies to the Village Manager, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause immediate hazards to human life, health or safety; in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Village Manager or by a court of record upon application following~notice to the Enforce- ment Officer and upon due cause shown. Any stay in effect pursuant to this subsection E shall continue until a deci- sion on the appeal is rendered pursuant to subsection F hereof. Action on Appeal. The Safety Commission shall select a reasonable time and place for a public hearing on the appeal, shall give due notice thereof in writing to the parties having a known interest therein and shall render a written recommendation thereon by a concurring vote of a majority of its members, which shall be forwarded to the Village Manager within ten (10) days after the date of the public hearing. The Village Manager shall review the records forwarded by the Enforcement Offices the trans- script of the public hearing and the recommendations of the Safety Commission within fifteen ~15) days after receipt of the recommendations of the Safety Commission and shall within said fifteen (152 days decide the appeal and mail written notice of such decision to the person who filed such appeal. The Village Manager may reverse or affirm, in whole or in part, or may modify, the decision 5/z2/80 from which the appeal was taken, and to that end the Vil- lage Manager shall have all the powers of the Enforcement officer with respect to such decision, Sec. 21.1622. Records. The Enforcement Officer shall maintain a record of the following: Each and every complaint received by or referred to the Enforcement Officer of any alleged violation of this Article; and Any investigations undertaken or direCted by the Enforce- ment Officer and any and all reports or other documents related to such investigation; and C. Any and all warrants and notices related to the enforce- ment of the provisions of this Article. Sec. 21.1623. Severability Clause. If any provision or part thereof of this Article is declared invalid and of no further force and effect, the other provisions of this Article Shall remain in full force and effect. (Ord. No. 3006 May 20, 1980) ECTION TWO: This Ordinance shall be in full force and effect from and after its passage, approval and publication in the man- her provided by law. Passed this 2Oth day of May , 1980. AYES FarleY,' Flor°s, }~iiller~ MuraUskis, Richardson, Wattenberg NAys: None ABSENT: N0ne ApprOved this 20th day of May , 1980. Approved: Attest: Village Clerk age Presi'dent