HomeMy WebLinkAboutOrd 6071 05/21/2013 Amending Chapter 21 - Adopting the International Property Maintenance CodeORDINANCE NO. 6071
AN ORDINANCE AMENDING CHAPTER 21, ARTICLE VI
OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ADOPTING
THE INTERNATIONAL PROPERTY MAINTENANCE CODE - 2012
WHEREAS, the Village of Mount Prospect is authorized to adopt codes by reference pursuant to Illinois Municipal
Code, 65 ILCS 5/1 -3 -2; and
WHEREAS, a copy of the 2012 International Property Maintenance Code and all appendices has been on file with
the Office of the Clerk of the Village of Mount Prospect for thirty (30) days and has, during that time, been available
for public use, inspection, and examination; and
WHEREAS, the Village desires to amend Article VI, "Property Maintenance Code ", of Chapter 21, Building Code,
of the Mount Prospect Village Code to adopt the International Property Maintenance Code — 2012, and its
appendices, in place of the Property Maintenance Code — 2006.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE
POWERS:
SECTION 1: Article VI, "Property Maintenance Code ", of Chapter 21, Building Code, shall be deleted in its
entirety, and the following inserted in its place:
Article VI
PROPERTY MAINTENANCE CODE
21.601: 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.
21.602: 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.
21.603: PROPERTY MAINTENANCE CODE ADOPTED; AMENDMENTS:
For the purpose of establishing rules and regulations governing property maintenance, there is hereby adopted the
2012 edition of the international property maintenance code together with all appendices, except such portions as are
hereinafter expressly deleted, amended or modified:
A. While the 2012 edition of the international property maintenance code and all appendices have hereinabove
been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control
wherever such exceptions are applicable or are in conflict with certain other provisions of that code:
1. Chapter 8 - Referenced Standard, shall be amended by deleting the phrase "international plumbing code"
and replacing it with the phrase "Illinois plumbing code ".
2. A new subsection 10 1. 1 shall be inserted to read as follows:
10 1. 1 Title. - Village of Mount Prospect.
3. Amend subsection 102.3 by deleting the phrase "international plumbing code" and replacing it with the
phrase "Illinois plumbing code ".
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4. Subsection 103.5, Fees, shall be deleted in its entirety.
5. Subsection 107.2, Form, shall be deleted in its entirety.
Subsection 107.6, Transfer Of Ownership, shall be deleted in its entirety and replaced with the
following:
107.6 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 such dwelling unit or structure to another until
the provisions of the compliance order or notice of violation have been complied with.
7. The text in subsection 109.6, Hearing, shall be deleted in its entirety and replaced 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.
8. Subsection 110.1, General, shall be amended by deleting the phrase "two years" in the first sentence
and replacing it with the phrase "one year ", and deleting the sentence "Boarding the building up for
future repair shall not extend beyond one year, unless approved by the building official ", to be and
read as follows:
110.1 General. The code official shall order the owner of any premises upon which is located any
structure, which in the code official's judgment after review is so deteriorated or dilapidated or has
become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human
habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and
remove such structure; or if such structure is capable of being made safe by repairs, to repair and
make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the
owner's option; or where there has been a cessation of normal construction of any structure for a
period of more than one year, the code official shall order the owner to demolish and remove such
structure, or board up until future repair.
9. Subsection 111.1, Petition, shall be amended by deleting the phrase "board of appeals" and replacing it
with the phrase "village manager ".
10. Subsections 111.2 through 111.6 shall be deleted in their entirety.
11. Subsection 111.8, Stay Of Enforcement, shall be deleted in its entirety and replaced with the
following:
111.8 Stay Of Enforcement: Any person, whether or not a previous party of the appeal, shall have
the right to apply to the appropriate court to stay the enforcement of a notice and order.
12. Section 202, General Definitions, shall be amended by inserting the following definitions
alphabetically:
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.
Portable On- Demand Storage Structure. Any container, storage unit, shed -like container or other
portable structure that can or is used for the storage of personal property of any kind and which is
located for such purposes outside an enclosed building. This definition shall not include a code
compliant structure.
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13. Subsection 301.2 shall be amended by inserting the following:
In any instance where the association is responsible for the repair and maintenance of a property, it
may be cited for a violation of this code. Upon providing proof that it is not responsible, it may be
dismissed as the defendant.
14. Subsection 302.3, Sidewalks And Driveways, shall be deleted in its entirety and replaced 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.
15. A new subsection 302.3.1 Gravel Driveways And Parking Lots, shall be inserted to be and read as
follows:
302.3.1 Gravel Driveways And Parking Lots. Any existing gravel driveway or parking lot shall be
paved, in compliance with all applicable sections of the village code, by January 1, 2015,
16. Subsection 302.4, Weeds, shall be amended by deleting the height of "10 inches" and replacing it
with "8 inches ".
17. A new subsection 302.7.1, Portable On- Demand Storage Structure, shall be inserted to be and read
as follows:
302.7.1 Portable On- Demand Storage Structure. No more than one portable on- demand storage
structure may be located on any premises within the village for a period not exceeding 14 days in
duration from time of delivery to time of removal. Such portable on- demand storage structure may
not be located on a specific premises more than two times in any given thirty- calendar -day period.
A portable on- demand storage structure may be located only on an existing driveway. Such
structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It
shall be the obligation of the owner or user of such portable on- demand storage structure to secure
it in a manner that does not endanger the safety of persons or property in the vicinity of the
portable on- demand storage structure. In the event of high winds or other weather conditions in
which such structure may become a physical danger to persons or property, village officials may
require the immediate removal of such portable on- demand storage structure.
18.Subsection 302.8, Motor Vehicles, shall be amended by inserting the word "Trailers" in the title, and
inserting the phrase "or trailers" or "or trailer" after the word "vehicles" or "vehicle ", respectively, in
the text, to be and read as follows:
302.8 Motor Vehicles; Trailers. Except as provided for in other regulations, no inoperative or
unlicensed motor vehicle or trailer shall be parked, kept or stored on any premises, and no vehicle
or trailer shall at any time be in a state of major disassembly, disrepair, or in the process of being
stripped or dismantled. Painting of vehicles or trailers is prohibited unless conducted inside an
approved spray booth.
Exception: A vehicle or trailer of any type is permitted to undergo major overhaul, including body
work, provided that such work is performed inside a structure or similarly enclosed area designed
and approved for such purposes.
19. A new subsection 302.10, Dead Trees And Shrubs, shall be inserted to be and read as follows:
3 02. 10 Dead Trees And Shrubs. - No dead trees or shrubs shall be allowed to remain on any
property within the village.
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20. A new subsection 302.11, Compost Piles, shall be inserted to be and read as follows:
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) feet long. Compost piles shall be located behind the principal structure
and are not permitted within any required front or side yards. Compost piles must be located a
minimum of five (5) feet from a property line. Compost piles shall be regularly tended to ensure
the materials are properly decomposing.
21. Subsection 304. 1, General, shall be amended by inserting the following sentence at the end:
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 this
code.
22. A new subsection 304.13.3, Window Locks, shall be inserted to be and read as follows:
304.13.3 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.
23. Subsection 304.14, Insect Screens, shall be amended by inserting the following dates where
appropriate: "April 15 to October 15 ".
24. A new subsection 304.15.1, Door Security, shall be inserted to be and read as follows:
304.15.1 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 closed.
A key (or electric door buzzer) is required to open such doors from the outside, and a knob,
handle or panic bar from the inside. In the case of the front door of a lobby, either the inner or
outer foyer door must meet this requirement.
25. Subsection 304.18.2 shall be deleted in its entirety.
26. Subsection 309.4, Multiple Occupancy, shall be amended by inserting the following sentence at the
end:
"When the occupant does not exterminate, the owner shall exterminate."
27. Subsection 602.3, Heat Supply, shall be amended by inserting the following dates where appropriate:
"September 15 to June 1 ".
28. Subsection 602.4, Occupiable Work Spaces, shall be amended by inserting the following dates where
appropriate: "September 15 to June 1 ".
29. A new subsection 605.5, Intercom System, shall be inserted to be and read as follows:
605.5. 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 labeled with the unit number or
occupant name. The removal of such a device, item or fixture is prohibited and does not constitute
repair or maintenance.
30. Subsection 606. 1, General, shall be deleted in its entirety.
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31. The term "code official" as used in the adopted code shall mean the director of community
development, or his /her duly authorized representative.
21.604: GRAFFITI:
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 or 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.
21.605: FILING REQUIREMENTS:
A copy of the codes adopted by this article shall be on file in the office of the village clerk.
SECTION 2: 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: Hoefert, Korn, Polit, Rogers, Zadel
NAYS: None
ABSENT: Matuszak
PASSED and APPROVED this 21 day of May, 2013
& -
Arlene A. Juracek
Mayor
ATTEST:
M. isa Angell
Village Clerk
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