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Home My WebLink AboutCOW Agenda Packet 01/10/2006 COMMITTEE OF THE WHOLE AGENDA Meeting Location: Mount Prospect Village Hall 50 South Emerson Street Meeting Date and Time: Tuesday, January 10, 2006 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Irvana K. Wilks Trustee Timothy Corcoran Trustee Richard Lohrstorfer Trustee Paul Hoefert Trustee Michaele Skowron Trustee John Korn Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF DECEMBER 13, 2005 III. CITIZENS TO BE HEARD IV. FERAL CAT AND ANIMAL CONTROL REGULATIONS The Village Board previously discussed the topic of cat licensing and general animal control and directed staff to conduct further research on various matters. Staff has 1) prepared information relating to these matters and 2) drafted proposed changes to the Village Animal Control Regulations that make the code consistent with current practices, County and State law, and to eliminate restrictive language that imposes unnecessary requirements on the Village. Staff will be in attendance to further discuss this matter. V. PROPERTY MAINTENANCE ISSUES At the September 27th Committee of the Whole meeting, a variety of items were presented for Village Board consideration, each proposed with the goal of increasing Community Development Department efficiency, recovering Village expenses related to property maintenance efforts, and/or reducing construction related nuisances throughout the community. The code changes proposed will further the Village's efforts to implement the Administrative Adjudication process and more adequately address property maintenance problems throughout the Village. For each item, a draft Text Amendment is included for Village Board consideration. Staff will be present to answer questions. 1. Vacant Structure Property Registration Certificate Village Attorney Everette Hill has amended the vacant building regulations presented to the Village Board on September 27, 2005 to a more concise and understandable format. The regulations are now titled "Vacant, Noncomplying and Immediate Hazard Structures." Vacant buildings that are not maintained and hazardous buildings must be registered with the Village (Vacant Structure Registration Certificate). The process is outlined in the attached memorandum. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO A TTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODA TION TO PARTICIPA TE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE A T 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. 2. Nuisance Abatement Village Attorney Everette Hill has previously reviewed the subject "nuisances and abatement" as described in a number of Village Code Sections. He has prepared a draft ordinance to address "nuisance and abatement" in its entirety. The proposed ordinance eliminates burdensome notice procedures requiring personal service and acceptance of certified mail, where absentee property owners can avoid responsibility by refusing to accept certified mail, or hiding their actual identity and mailing address through trusts and PO boxes. Nuisances are defined and the definition of responsible party is expanded to include owner, tenant, occupant, property manager, and lessee. The proposed ordinance will permit the Village to more promptly abate nuisances at the owner's expense and pursue all avenues to abate a nuisance within % mile of corporate boundaries. 3. Adjudication Village Attorney Everette Hill has produced a final draft ordinance incorporating 1) the refinements to the Administrative Adjudication System presented to the Village Board on December 9,2005 and 2) suggestions made during the Hearing Officer interview process. The amendments were made to add some formality to the hearing process by appearing before a Judge, prevent abuse of subpoena requests, encourage persons to promptly comply with a compliance order or face an ever-increasing penalty, and permit staff to issue citations permitting first-time offenders or persons with minor violations to comply, paying a nominal fine and avoiding the hearing process. VI. PERMIT PROCESS ENHANCEMENTS As follow up to items discussed at the September 27, 2005 COW meeting, the enclosed memorandum provides additional information on four topics: Requirement for Architectural Drawings for projects over $1 0,000, test for Homeowner as General Contactor, increase in inspection fees, and consideration of a building permit as a legal and binding contract. A text amendment for each of the 4 items is included for Village Board consideration. 1. Requiring An Architectural Stamp Projects commencing without benefit of the planning by a licensed architect have potential to create several difficulties delaying review and construction of a project as staff ensures the project is being built correctly. Staff's main concern is the integrity of the construction as it relates to the major functional systems comprising any structure: framing, electric, plumbing, sanitary sewer, mechanical. Compromising these systems could affect health and safety of the occupants. Since extension (expansion to serve more living space) of these systems holds the greatest potential for problems during the review, construction, and inspection phases, Staff requests that Village Code be amended to allow the Building Commissioner to require architectural stamped drawings on projects extending the five (5) building systems (noted above) beyond their current capacity. A $10,000 threshold will serve as a trigger for review of the project. 2. Testing Homeowners wishing to act as their own General Contractor All contractors working in Mount Prospect are required to maintain a current Contractor License. The license is a protection to the homeowner as the Village requires proof of insurance and can monitor for problem contractors (pulling the license if so). Homeowners have the ability to work on their homes without obtaining a contractor license. Staff's concern is for future owners of the properties. Projects commencing with the homeowner acting as General Contractor have potential to create several problems related to workmanship. Administering a test would be a unique as we are only aware of one area municipality testing General Contractors. Highland Park is the only other local municipality we have identified which tests homeowners acting as their own general contractor. Alternatively, Park Ridge requires that the homeowner sign a form guaranteeing that he/she will personally be doing each of the trades, as listed, when acting as his/her own General Contractor. While this is another avenue to address homeowners doing their own work, we are recommending the GC test, as the test is written to determine if the homeowner is capable of completing the project. This test would be open book with the applicant able to bring in a copy of all the current building codes utilized by the Village. A sample test is attached for Village Board consideration. 3. Reinspection Fees The Village has historically kept inspection fees very low. With such a low cost there is less incentive for the contractor to complete the job right the first time when they can utilize the Village to come out to generate the "punch list" for the job. Raising re-inspection fees would deter this type of activity. An escalating fee schedule for re-inspections is proposed. 4. Building Permit as Legal and Binding Contract At the September meeting the proposal was made that the Building Permit be considered a legal contract. By accepting a building permit, the property owner acknowledges the obligation to meet all Village Codes. This includes both building and property maintenance codes; the goal is to limit construction externalities to neighboring properties. VII. EXTERIOR SIDE YARD SETBACKS In the last three years, there have been several requests for exterior side yard setback Variations. With current trends of residential teardowns, large additions and the increased use of outdoor spaces, the issue of utilization of the exterior side yard is ripe for discussion. The attached memorandum provides information to the Village Board to determine if current zoning regulations need to be revised to create new regulations to allow building in the exterior side yard. It includes a discussion of recent Planning & Zoning Commission decisions, approaches in other communities, and Village planning goals. Guidance on the above matters will ensure the Planning & Zoning Commission reviews exterior side yard Variation requests in a manner that is in keeping with the Village Board's expectations. VIII. VILLAGE MANAGER'S REPORT IX. ANY OTHER BUSINESS X. ADJOURNMENT CLOSED SESSION PROPERTY ACQUISITION 5 ILCS 120/2 (c) (5). "The purchase or lease of real property for the use of the public body." PERSONNEL 5 ILCS 120/2 (c) (1). "The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity." MINUTES COMMITTEE OF THE WHOLE DECEMBER 13, 2005 I. CALL TO ORDER The meeting was called to order at 7:09 p.m., in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were: Trustees Paul Hoefert, John Korn, Richard Lohrstorfer and Michaele Skowron. Absent from the meeting were: Trustees Timothy Corcoran and Michael Zadel. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl, Community Development Director William Cooney, Environmental Health Coordinator Bob Roels and Planner Jason Zawila. II. MINUTES Approval of Minutes of November 8, 2005. Motion made by Trustee Hoefert and Seconded by Trustee Lohrstorfer. Minutes were approved. Approval of Minutes of November 15, 2005. Motion made by Trustee Hoefert and Seconded by Trustee Skowron. Minutes were approved. Approval of Minutes of November 22, 2005. Motion made by Trustee Hoefert and Seconded by Trustee Skowron. Minutes were approved. III. CITIZENS TO BE HEARD Paul Seils, of the Special Events Commission presented the Holiday Decorating Awards. The list is as follows: Grand Prize - 2116 Lawrence Best Block - 200 South Pine Street Best Business - Keffer's Pharmacy Best Use of Lights - 227 South Leonard Christmas Fantasy - 1415 Sa uk Lane Best Religious -1420 South Redwood Simple But Elegant - 1832 Magnolia IV. RETAIL RECRUITMENT PROPOSAL Community Development Director Cooney outlined a proposal to supplement economic development activities within the Village. He stated the proposed contract would be for one year period for a specialist focusing on retail recruitment throughout the entire community. 1 Cathy Maloney has provided this type of service for two other communities and among the processes she undertakes, is convening of focus groups, review of surveys and target recruitment. The contract is proposed not to exceed $39,000 and she is currently working with Elmhurst in this capacity under a contract basis. General comments from Village Board members included the following items: There was a general discussion regarding the type of knowledge and recruitment efforts that would be normally undertaken regarding landlords, brokers, business owners and possible tenants. There was also discussion about what works in other communities and how that application would work in Mount Prospect. There was also discussion regarding exclusive recruitment zones within the specific areas of the surrounding suburbs. Consensus of the Village Board was to consider the contract for services at an upcoming Village Board meeting. V. LIGHTING REGULATIONS Community Development Director Cooney stated this is a follow-up to the September 27 Committee of the Whole meeting. At that time, the Village Board asked staff to refine the modifications with the Police to make sure that the full cut-off lights focused enough light as to not pose a security issue. The Police Department responded by stating they would be supportive of these modifications and they do not pose a security issue. He also stated that the Board had directed staff to finalize the lighting regulations regarding wall lighting and define wall lighting as a full cut-off fixture and not to use the word "wallpacks" since that is a specific type of light. General comments from Village Board members included the following items: It was noted that the lighting regulations would likely continue to evolve and there would be a need to revisit various lighting issues in the future including the possible height of light standards. Dave Toeppen, 409 South Hi-Lusi, spoke. He stated he was satisfied with the movement of the Village regarding lighting and considers these regulations a significant improvement. He also suggested the Village Board consider regulations of LED lights on signs in the near future because that appears to be an expanding trend for message boards. Consensus of the Village Board was to finalize the regulations for presentation to the Planning and Zoning Commission for input and bring before the Village Board for final approval once that input has been obtained. VI. CIRCULAR DRIVES Community Development Director Cooney stated circular drives are currently a Conditional Use and staff has provided illustrations of possible circular drives based on lot coverage and lot sizes. He illustrated that the driveway coverage must be kept in the front yard and under 50% of the front yard coverage. Staff is recommending Code modifications to include a 75' wide lot can have driveway coverage not more than 50% and the Village Board remains final on that determination. 2 General comments from Village Board members included the following items: There was discussion regarding the impact of these proposed limitations on corner lots. It was also requested that some real-world examples of pictures be provided to the Village Board for illustrative purposes. It was also suggested that the staff make available illustrations for homeowners to consider when they undertake such a project. There was also discussion regarding the 50% front yard coverage relating to 100' and 75' wide lots. Village Manager Janonis stated that this information would be provided to the Planning and Zoning Commission for input and once that input is obtained, further discussion would be brought before the Village Board. Community Development Director Cooney stated that the pending circular driveway case could be disposed of at this time because it does meet the proposed coverage specifics and not require the pending proposal to languish further. He also stated that staff was recommending the elimination of the safety consideration component in determining whether a circular driveway would be approved or not. VII. ADMINISTRATIVE ADJUDICATION PROCESS Village Manager Janonis stated that this is before the Board for some additional input regarding the process itself, the philosophical approach of the Village Board and the computer software purchase in addition to the Hearing Officer choice. Environmental Health Coordinator Bob Roels spoke. He stated staff is recommending a two tier approach to differentiate between minor violations and chronic violations based on review of processes in place in other communities. He also pointed out an overview of the process relating to administrative adjudication and the limit on the continuation period. Village Attorney Hill stated the focus of the administrative adjudication process is to cut down on the number and length of continuances that are normally granted by the Court system and allow flexibility in staff response to resolve matters. Assistant Village Manager Strahl stated the computer program purchase, if approved, would move forward for final consideration at the December 20 Village Board meeting. Village Manager Janonis stated that staff has talked to at least one adjudicator and would review other existing adjudicators for recommendation to the Village Board. Consensus of the Village Board was to endorse the two-tier approach as recommended by staff, to move forward with the computer program purchase and staff to recruit an administrative adjudicator hearing officer directly through regular recruitment efforts. VIII. VILLAGE MANAGER'S REPORT The Village Manager stated there is no Committee of the Whole meeting on December 27. 3 IX. ANY OTHER BUSINESS None. IX. ADJOURNMENT DS/rcc The meeting moved into Closed Session at 9: 18 p.m. Motion made by Trustee Hoefert and Seconded to Move into Closed Session at 9: 19 p.m. The meeting reconvened into Open Session at 10:07 p.m. and immediately adjourned. ~ s.tLf DA VI D STRAHL Assistant Village Manager 4 Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 6, 2006 SUBJECT: FERAL CAT TEST CASE SUMMARY AND PROPOSED CHANGES TO CHAPTER 20, ANIMAL CONTROL At the September 27, 2005 Committee of the Whole, the topic of cat licensing, animal control, and general revisions to Chapter 20 of the Village Code were discussed. The Board directed staff to conduct further research. Specific questions and research results are summarized below, followed by Staff suggestions for Code revisions. An appendix is completed showing the proposed changes to Chapter 20; proposed changes are to make the code consistent with current practices, County and State law, and to eliminate restrictive language that imposes unnecessary requirements on the Village. VILLAGE BOARD QUESTIONS 1. Can ownership of animals be traced using the rabies certification tag? Yes, the rabies certification number is sufficient to trace an animal back to the owner through the Cook County Animal Control database. Ownership can be traced by contacting Cook County Animal Control during business hours. The current national trend is to encourage pet owners to have a micro chip implanted in their pet. This permits anyone with a reader (required in all pet shelters) and access to the internet to identify the pet owner when the pet is found without tags. The chip is implanted between the pet's shoulder blades, under the skin, with a twelve-gauge needle (see picture). Many of us have had vaccinations with a similar gauge needle. The pet shelter that Mount Prospect uses has the reader, access to the database, and implants microchips. State law requires pets chosen from animal shelters to have the chip implanted. The law-supports animal shelter's efforts to encourage responsible pet ownership. It is a one time cost and permanent registration. The cost varies from '~~-~~""'~""~","".,"",r-___~..=,~,~",..",."".~",,,,,,,,,,",=~,",=,,,,,,,",,,,~===">~,,,=,,,,,",,=,"='=~"''''''''''''=~~'''''''=,",,,,~~~_~_______.____ Proposed Changes to Chapter 20 Animal Control $15.00 to $50.00. The lower prices are discount programs offered by suppliers, pet shops, or animal welfare organizations. 2. What are the results offeral cat trapping test case? Residents attended the September 27,2005 COW meeting to discuss a feral cat colony affecting their properties. The location has been a chronic problem for the neighbors. The number of cats was believed by some to be as many as twenty. This site was chosen as a test case and humane animal traps were set at the location. An animal control company was hired to set the traps, remove the animals, and transport to an animal shelter. Test case background The cats are in the area because a resident was actively feeding and providing shelter to the cats. The number of cats observed by staff has been much less than the twenty cats reported by neighbors. This spring at staff s insistence the resident feeding and sheltering the cats did humanely trap nine cats and relocate them to a shelter of their choosing and at their cost. Reportedly two or three cats were not captured. At the board meeting, neighboring residents reported that recently there has been a litter of kittens. Since the board meeting, staff has learned that three of the kittens were captured by the resident feeding the cats and given to the Buddy Foundation, a humane animal welfare group. In summary, at least two cats remain, are trap shy, and cannot be caught; however the neighbors are appreciative of the Village's effort and satisfied with the results. Feral cat trapping test case results Five possums, three raccoons and one cat were captured. A vehicle killed a second cat. The possums and raccoons were relocated as it would be likely they would be captured repeatedly if they were released onsite. The residents originally harboring the cats captured and relocated three kittens. Costs of this test case The costs are listed below: Contract specifications Frequency Billint! $85 to deliver two and set-up two traps Once $85.00 $65/trip to reset and bait traps, or pick-up Seven, several times multiple $455.00 animals animals were captured $10 per day to impound for 7 days/ cat Once for seven days $70.00 $50 to euthanize/cat Once $50.00 Sum $660.00 Staff trapping experiences There are two situations when staff responds concerning feral cats. The first is when a person in the neighborhood feeds and provides shelter to the cats, and the second is when there is no obvious person providing food or shelter. When no one is providing food or shelter the number of cats is low and trapping them is difficult. When someone provides food and shelter the number of cats is much higher, and trapping is successful when the source of food is stopped. Feral. Cat-Animal Ord Il.1rl-IO-06 COW.doc 1/6/2006 Pagc2of18 -<"-_._----------~-"..=-=-...".",.""'.._.,.==-=^=.>;.;;.._'"".,,,..,=~==~=="'"'~~.'.,'".."',.~."-~--=,-~-_._--------"---_._---- Proposed Changes to Chapter 20 Animal Control When trapping animals, there are some animals that are more cautious than others and will not enter a trap. Staff would recommend that the Village evaluate each situation on a case-by-case basis. Problems that are extreme due to the number of cats, concern for rabies, or where efforts to have the resident stop feeding and providing shelter and relocate the cats fail, are examples where trapping is recommended. These extreme cases occur, perhaps once a year and estimated trapping expenses would range from $500 to $2,000. The cost for the test case was on the low side as nine cats had previously been trapped by the resident. 3. What would the costs be to contract with an Animal Control Service to trap feral and stray cats? The contract used in the test case was $85 to deliver the traps, and $65 each additional visit to pick-up an animal or animals (if multiple traps) and reset the traps. Significant cost savings are possible when the Village lends the traps such as in neighboring communities of Des Plaines and Park Ridge. The lending the traps reduces contractor visits to deliver the traps, and reset and bait the traps. Costs can be cut by almost two-thirds by lending the traps. As a benchmark, Park Ridge captured 426 possums, raccoons, and skunks lending out the traps and having an animal control service relocate the animals. The budget for relocating the captured wild animals was $11,000. An additional 56 cats were captured and transported by the Community Service Officers to the animal shelter for impoundment. The 56 cats captured last year is extraordinarily high as in past years the total was around 20. The cats are impounded for at least five days. If the Village were to consider a similar lending program, ideally the traps should be stored and lent from the Public Works building where they may be cleaned to minimize risk of any disease transmission to residents or staff. Residents would pick up the cages and set in their yards. The Police, having around the clock access to the Animal Hospital, would transport the captured cat in the trap to the Animal Hospital where the cat would be impounded; Police would return the traps to Public Works. Alternatively an animal control service could pick-up the captured animal in the trap, relocate the animal to the Shelter, and deposit the empty trap at Public Works. The above contemplates Police relocating cats and an Animal Control Service relocating all other animals. PROPOSED ANIMAL CODE AMENDMENTS The code changes highlighted in the attached document are intended to make our code consistent with current practices, County and State law, and to eliminate restrictive language that imposes unnecessary requirements on the Village. The proposed insertions are in bold, and the deletions are struck through. The primary changes are: · Makes it a violation to poison pets Cat-Animal Ord for i - ! 0-06 .doc 1/6/2006 3 of IS Proposed Changes to Chapter 20 Animal Control · Decreases permitted size of a pet that may be buried on your own property from 150 pounds to 50 pounds. · Prohibits persons at any time to permit their animal to run uncontrolled, molest persons or vehicles by chasing, barking or biting, attack other animals, and damage property other than the owner's. · Expands definition of "Owner" to include any person that harbors or cares for an animal. RECOMMENDATION: Staff recommends that the Village Board adopt the proposed amendments to the Animal Control Ordinance to clarify Village policies and bring the Village Code up to date with current County and State regulations. ~~1~ Cats. doc 1/6/2006 Proposed Changes to Chapter 20 Animal Control Appendix A Proposed Village Code Changes ARTICLE I GENERAL PROVISIONS 20.101 : STRAY ANIMALS PROHIBITED: It shall be unlawful for any person to permit any animal to stray or to run at large upon or in any public place. A. It shall also be unlawful for any person to picket or tie any animal in the streets or upon the sidewalks of the village for the purpose of grazing or feeding. B. Any stray domestic animal in the public way or within a public place or upon private premises of any person other than the owner may be immediately impounded by the village and the impoundment procedures set forth in article II of this chapter shall control. C. It shall be unlawful to permit any dog to be left upon or on any public place or private premises not enclosed by an adequate fence or wall unless such dog is securely attached to a leash no longer than eight feet (8') in length, even though such dog may be muzzled. D. An animal shall be deemed to be unlawfully at large unless under control of the owner or keeper or a member of the owner's or keeper's immediate family over ten (10) years of age by leash or chain, or supervised by the owner or keeper in a fenced yard or such other area as a kennel run. Any animal that is unlawfully at large pursuant to this subsection may be deemed to be a "stray domestic animal" for purposes of this article. E. This section shall not apply to any animal being used for reserve, law enforcement work, or animal trained to assist persons with disabilities. (1981 Code; amd. Ord. 5458, 9-21-2004) 20.1 02: CRUELTY PROHIBITED: A. Every person owning, harboring, keeping or caring for an animal shall provide for it: 1. A sufficient quantity of good quality, wholesome food and water. 2. Adequate shelter and protection from the weather. 3. Veterinary care when needed to prevent suffering. F<.:ral Ord for 1-10-06 COW.doc ] i6!2006 Page .5 of IS -- --------'~==O=.,.,_~""""'='"""';=m,..'.,:"r=,:!"==,V~",.,.>".,,=_~_=,=<<<=""^..,,..,."..<___~______.__ Proposed Changes to Chapter 20 Animal Control 4. Humane care and treatment. B. It shall be unlawful for any person to: 1. Beat, cruelly treat, torment, overload, overwork or otherwise abuse any animal, fowl or reptile. 2. Abandon any animal where it may become a public charge or may suffer injury, hunger or exposure. 3. Unnecessarily fail to provide any animal in his or her charge or custody with proper food, water, air and sanitary shelter, such shelter to be sufficient to provide natura/light or artificial illumination during reasonable hours and protection from the weather and within space sufficient for the animal to stand in an upright position and lie down stretched out so that no part of its body need touch the sides of the shelter structure. 4. Leave for any unreasonable length of time any animal unattended in a motor vehicle, trailer or other enclosure when the outside temperature shall exceed eighty five degrees Fahrenheit (850F). in such a manner that said animal docs not have proper air circulation 5. Abandon any animal on any public 'l'.'ay or in any place where it may suffer or become a public charge; or 5. Keep any animal in such manner that the animal does not have proper air circulation while confined in a motor vehicle, trailer, kennel, dog house, or any type of container or structure in which an animal may be confined. 6. Promote, stage, hold, manage, conduct or carry on any animal fight or any other type of contest, game or fight of a similar nature, nor any simulated version of same that involves baiting or inciting an animal to fight. 7. Use or permit the use within the village of any leghold animal trap or similar device with spring activated jaws of the type used for the trapping of fur bearing animals which is capable of inflicting cruelty upon dogs, cats or other animals, or which constitutes a hazard to small children. Nothing in this section shall prohibit the use or setting of standard household mouse or rat traps for the purpose of controlling mice and rats. (Ord. 3368, 9-6-1983) 8. Knowingly poison or cause to be poisoned any domesticated animal. The only exception shall be upon written permit for the Illinois Department of Agriculture for the purpose of controlling diseases transmissible to humans or their animals and only when all other methods and means have been exhausted. Any drugs for euthanasia shall be kept or administered only by or under the direction of a licenses veterinarian. Cat-Animal Ore! !l)r 1-10-06 .doc 1/612006 Page 6 of 18 Proposed Changes to Chapter 20 Animal Control 20.103: DISEASED ANIMALS: No person shall allow any dead animal or animals afflicted with a contagious disease to be present in any public place or have, keep or harbor any animal which is infected with any disease transmissible to other animals or man, or which is afflicted with any painful disease or injury, including severe parasitism, unless such animal shall be under the care of a licensed veterinarian. A. No diseased animal shall be shipped or removed from the premises of its owner, except under the supervision of the health officer Community Development Department or Police Department or his designated person. B. Any animal which is on any public way or within any public place and which is severely injured or diseased, and for which care is not being provided on the scene or any severely injured or diseased animal that has strayed onto private premises, shall be removed, if possible, to the care of an animal control center, to the nearest humane society, to the nearest veterinarian or veterinary hospital willing to accept same. 1. If immediate removal shall not be possible, such animal may be destroyed by the most humane method available on the scene, unless the owner shall come forward beforehand and assume responsibility for removal and care. 2. Handling of any such case shall be the responsibility of the health officer in the absence of a representative of the health department, or any vill3ge police officer Community Development Department or Police Department. C. No person shall leave in or throw into any public way, public place or public water, or offensively expose or bury within the village, the body or any part thereof of any dead or fatally sick or injured animal; nor shall any person keep any dead animal in a place where it may be dangerous to the health of any other animal or person. -1-:-However, that the owner of any dead pet weighing not more than one hundred fifty (150) pounds fifty (50) pounds may bury such animal on the owner's premises. provided further, that not more than one such animal shall be buried upon any half (1/2) acre of ground v:ithin two (2) years, Such animal shall be placed at least three feet (3') below the surface of the soil surrounding and adjacent to the grave. 2. Every person having within his possession or control or upon any premises owned or occupied by him or her any dead animal which that person cannot, or does not intend to, bury or have buried or othel\\'ise I3vlfully disposed of shall immediately give notice to the health offioer \vho shall cause such dead animal to be removed and disposed of consistent 'Nith sound environmental standards. The cost of such disposal shall be borne by such person having such dead animal upon his premises or within his possession or oontrol. (1981 Code) Fcral Ca.t~Anlmal Ord Il)r 1~1O-(J6 COW.due 1/6/2006 7 of /\ Proposed Changes to Chapter 20 Animal Control 20.104: SALE OR POSSESSION OF CERTAIN ANIMALS PROHIBITED: A. No person shall bring or cause to have brought into the village, sell, offer for sale, barter or display living baby chicks, ducklings, goslings or other fowl or rabbits which have been dyed, colored or otherwise treated so as to impart to them an artificial color. 1. It shall be unlawful for any person to display, sell, offer for sale, barter or give away any chicks, ducklings or goslings as pets, unless the purchaser shall have proper brooder facilities. 2. It shall be unlawful for any person to give away such animals as novelties or prizes. B. No person shall keep, maintain and/or harbor any live swine, pigs, pigeons, bees, horses or cattle within the corporate limits of the village, unless such keeping, maintenance and/or harboring is done pursuant to the business of providing veterinary or animal hospital services that are in compliance with village regulations. C. Each person who shall possess, keep or maintain any wild, or nondomesticated animal, including any wild animal native to the state, shall upon demand of the he31th officer or his authorized representative Community Development Department or Police Department, furnish proof of compliance with such restrictions and/or permit requirements as may be imposed by statutes of the state and/or federal law. The health officer or his 3uthorized representative Community Development Department or Police Department shall be empowered to demand surrender of any animal possessed, kept or maintained in the absence of proof of such compliance or in violation of the village relative to zoning regulation and to make whatever disposition of it. D. Nothing in this section shall be construed to prohibit legitimate commerce in poultry for agricultural and food purposes. (1981 Code; amd. Ord. 4920, 4-7-1998) E. No person shall keep, maintain, and/or harbor more than three dogs or cats older than 12 weeks of age unless such keeping, maintenance and/or harboring is done pursuant to a properly licensed business of selling pets, providing veterinary, or animal hospital services that are in compliance with village regulations. 20.105: DANGEROUS ANIMALS: A. Keeping: No person shall own, keep or harbor within the village: 1. Any snake, lizard or other reptile whose species is physically capable of injuring a person by poison, constriction or a disfiguring bite. Feral. Cat-Animal. Ord Ihrl-10-06 COW .doc 1/6/2006 Page 8 of .18 Proposed Changes to Chapter 20 Animal Control 2. Any lion, tiger, cougar, panther, bobcat, mountain lion, lynx, ocelot, leopard, or any other similar feline animal; or any hybrid of any of them. 3. Any wolf, coyote, jackal, fox, wild dog or any hybrid of any of them. 4. Any bear or bison. 5. Any rodent weighing more than one pound, with the exception of guinea pigs. 6. Any other animal which, when full grown, normally attains a weight in excess of two hundred (200) pounds. 7. Any monkey (not authorized by the state of Illinois as a sanctioned pet), gorilla, chimpanzee or other similar ape like primate. 8. Any vicious animal, the owner or keeper of which, has been found guilty of violating section 20.207 of this chapter with respect to that animal. This subsection shall not apply to properly zoned and constructed zoos, animal shelters, veterinary hospitals, pounds, federally licensed scientific or research laboratories or educational or other licensed institutions. B. Killing: Any member of the police department of the village is authorized to kill any dangerous animal when necessary for the protection of any person or property. For the purpose of this subsection, a dangerous animal is not limited to those specifically enumerated in subsection A of this section. 1. In all cases where such animal has been destroyed by a police officer, and a period of less than fourteen (14) days has elapsed since the day on which such animal or reptile may have bitten any person, the police officer is authorized to immediately notify the health officer Community Development Department or Police Department. 2. It shall be unlawful for the owner of any animal, when notified that such animal has bitten, scratched or otherwise attacked any person, to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the village without the express approval of the health officer Community Development Department or Police Department. (Ord. 5458, 9-21-2004) 20.106: NOISE: It shall be unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night. (Ord. 3746, 2-3-1987) 20.107: PROHIBITED ACTS: Feral. Cat-Animal Ol'd tllr 1-10-06 COW .doc 1/6/2006 Page 9 of 18 ^~---_._---,_.,",..,"""'."';,,,.,'"'''''''''''''''',..'''''''''.,,''~'''''-~'''.""-"""""=------- Proposed Changes to Chapter 20 Animal Control A. No person shall permit an animal at any time their animal to (1) Run uncontrolled; (2) Molest persons or vehicles by chasing, barking or biting; (3) Attack other animals; (4) Damage property other than the owner's. This shall be an absolute liability probation. No proof of intent to permit or allow shall be required. ARTICLE II DOGS AND CATS Section 20.201. Rabies Inoculation - Dogs and Cats: Every owner, except animal shelters, animal impounding facilities, and laboratory animal facilities, of a dog or cat four months or more of age shall cause such dog or cat to be inoculated with rabies vaccine by a licensed veterinarian at such intervals as approved by the Illinois Department of Agriculture. Section 20.202. Collar and Identification - Dogs and Cats: Every dog or cat, when off the property of the owner, shall wear a collar, attached to which shall be the identification of the dog or eat's owner, along with the serially numbered tag, issued by the Cook County Department of Animal and Rabies Control, or similar agency of another county, evidencing the dog or eat's rabies inoculation. Every dog or cat found in the Village without such collar and identification will be deemed to be in violation of this Chapter and shall be impounded as provided in this chapter. 20.203 Reserved 20.204: CONTROL OF DEFECATION: A. It shall be unlawful for any person to cause or permit a dog to be on any property, public or private, not owned or possessed by such person unless such person has in his immediate possession a device for the removal of excrement and a depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. B. It shall be unlawful for any person in control of, causing or permitting any dog or cat to be on any property, public or private, not owned or possessed by such person to fail to remove excrement left by such dog or cat to a proper receptacle located on property owned or possessed by such person. C. It shall be unlawful for any person keeping or maintaining any animal to maintain any place where such animal is kept in other than a clean and sanitary condition. (1981 Code; amd. Ord. 3105,4-1981) Feral Cat-Animal Ord JJJr 1- 1 0-06 .duc 1/6/2006 10 of 18 Proposed Changes to Chapter 20 Animal Control 20.205: DOG OR C/\T ANIMAL BITE OR SCRATCH: Whenever any dog or cat animal bites or scratches a person, the owner of saW the_~ GF-Gat animal shall immediately notify the village health officer Community Development Department or Police Department, who shall order the dog or cat animal held on the owner's premises or at the sole discretion of the village official shall have it impounded at the owner's expense for a period of ten (10) days. A. The dog or cat animal shall be examined immediately (not later than 24 hours) after it has bitten or scratched anyone and again at the end of the ten (10) day period. B. If at the end of ten (10) days a veterinarian is convinced that the dog or cat animal is then free from rabies the dog or cat shall be released from quarantine or from the pound, as the case may be. C. If the dog or cat animal dies in the meanwhile, its head shall be sent to the state department of health for examination for rabies. D. It shall be unlawful for the owner of any dog or cat animal when notified that such dog or cat has bitten or scratched any person to sell or give away such animal or to permit or allow such animal to be taken beyond the limits of the village. (1981 Code) 20.206: IMPOUNDMENT PROCEDURES: A. In all cases of impoundment, other than those itemized in sections 20.205 and 20.207 of this article, when the health officer Community Development Department or Police Department or any police officer takes possession of an animal for the purpose of impounding same, the village shall hold such impounded animal in an animal control center for seven (7) days, during which time reasonable means shall be used to facilitate its return to the rightful owner. 1. The owner of any animal impounded in any animal control center may, at any time during visiting hours at the animal control center, and before the sale or other disposal thereof as provided in this section, redeem such animal by paying the fees and/or charges required by this article and, in the case of an unlicensed animal, by additionally complying with the license requirements of this article. 2. The seven (7) day holding period shall not apply to animals relinquished by their owners to the health officer Community Development Department or Police Department under owner signature authorizing the health officer Community Development Department or Police Department to make immediate disposition of the animal at its discretion, nor shall any required holding period apply to animals received for impounding in obviously critical physical condition for which immediate death by lethal injection shall be deemed proper for humane reasons by an authorized veterinarian. Feral. Cat-Animal Oed 1-10-06 .dcc J!6/2006 .I 101'.18 -''''.''.'''.'''''''''~.;1'='''''W'-<''''''''_''''"___''=;.~,=..''''''~'~'',_.,___. ,.. Proposed Changes to Chapter 20 Animal Control 3. Animals of unknown ownership shall be held for a minimum of seven (7) five (5) days, or for such other length of time as the director of health Community Development Department or Police Department may deem necessary to permit location of and redemption by rightful owners, except that wild animals which are noxious by their very nature such as wild rats and undomesticated rodents may be killed painlessly at once fOllo'Ning an examination for zoonotio dise3sos. 4. Any animal remaining unredeemed after the prescribed holding period shall at once become the property of the village. B. For purposes of impounding, tho director of health Community Development Department or Police Department shall utilize an animal control center or the facilities of any Humane Society properly equipped and willing to impound animals. If the animal shall be of a species that may be better or more safety impounded elsewhere, tHe director of he31th Community Development Department or Police Department may designate an alternate facility that is properly equipped and willing to accept the animal. 1. The animal control center, Humane Society or other authorized receiving agency shall exercise due caution for the welfare and temporary safekeeping of any animal, in conformance with policies to be prescribed by the dep3rtment of health Community Development Department or Police Department. 2. Impounded animals shall be humanely treated and fed; the pound shall be under the charge of the chief of police, who shall be responsible for the care and custody of the same. Unredeemed animals shall be disposed of as provided by the m3yor and board of trustees. C. Prior to the release of any impounded animal: 1. The owner of any impounded animal which has bitten any other animal or person, or which was otherwise impounded pursuant to the terms of this chapter, shall pay the cost for housing the animal as well as redemption fees as set forth in appendix A, division II of this code. 2. In the event the rightful owner of a dog or cat cannot be found, any person desiring to adopt such a dog or cat at the end of such seven (7) day impoundment period shall pay the cost of housing the animal. 3. Vaccination certificate and licenses for any animal so redeemed or adopted shall be presented to the health officer Community Development Department or Police Department. D. Should no redemption or adoption be made of any impounded animal, it shall be the duty of the he31th offioer Community Development Department or Police Department is authorized to cause any such unclaimed animal to be killed painlessly Cat-Animal Ord tbr 1- 10-06 .doc 1/6/2006 12 of 18 -_.__._._,-~.__._--_._-_._~---~-",-""..""-,=-~----..~.,.".,.",,,.=,==~,,,=,""==",,=_-==,',""".=T"',='_~_""_"_ Proposed Changes to Chapter 20 Animal Control on the eighth day in a humane manner on the eighth day. (Ord. 3167, 12-15-1981; amd. Ord. 5189,5-15-2001; Ord. 5458, 9-21-2004) 20.207: VICIOUS ANIMALS: A. Mandatory Restraint: It shall be unlawful for any person to have custody of, own, possess or maintain a vicious animal, as defined in section 20.402 of this chapter, unless it is restrained, securely confined on the premises of its keeper or owner, or muzzled so that it cannot bite, attack or cause injury to any person or other domestic animal. In addition to any other available penalties, failure to comply with the requirements of this section may result in impoundment, as set forth in subsection B of this section. For purposes of this section, the following shall apply: 1. A vicious animal shall be deemed securely confined on the premises of its keeper or owner only when confined in a five (5) sided enclosure (4 sides and a roof) that is reasonably designed to prevent escape. If the enclosure has no floor that is secured to the sides, then the sides of the enclosure shall be embedded into the ground no less than two feet (2') deep to prevent escape by digging. The enclosure must be humane and provide some protection from the elements for the animal. 2. A vicious animal may only leave the securely confined premises for the purpose of obtaining grooming, veterinary care or upon order of a court of competent jurisdiction, or to leave the village limits. When beyond the premises for such reasons, the animal must be securely muzzled and restrained by a chain or leash and under the immediate and constant physical restraint of the owner or keeper. 3. The owner of a vicious animal shall display a sign stating "WARNING - VICIOUS ANIMAL - KEEP AWAY!" on the exterior of any enclosure in which the animal is kept. The sign must be visible and legible from ten feet (10') away from the animal's enclosure. B. Impoundment: If a vicious animal, as defined under section 20.402 of this chapter, is not kept in accordance with this section, or immediate impoundment is otherwise necessary for the protection of the public health or safety, the chief of police or other person acting on behalf of the village may immediately order the animal impounded. 1. The keeper or custodian of an animal impounded pursuant to this section, shall be notified of the impoundment by certified mail or by personal service, in accordance with section 20.301 of this chapter, within two (2) working days of the impoundment. 2. The notice of impoundment, if by certified mail, shall inform the owner or custodian of the animal that the owner may make a written request for a hearing to contest the impoundment. Such a request must be made within five (5) Feral Cat-Animal Ore! 1())' 1-10-06 ('OW.doc 1/6/2006 !3 of 18 Proposed Changes to Chapter 20 Animal Control working days of the mailing of the notice of impoundment. If notice of impoundment is given by citation, a hearing date shall be assigned and indicated on the citation. The hearing may be before the circuit court of Cook County, the Village Manager, or his or her designee or any administrative hearing officer. The forum shall be selected at the Village's sole discretion. 3. Upon request by the owner or custodian of the animal for a hearing pursuant to subsection 82 of this section, a hearing shall be held within ten (10) working days of the request. A notice of the hearing shall be mailed by certified mail to the owner or keeper of the animal requesting the hearing. The animal shall not be destroyed prior to the conclusion of the hearing. 4. If a determination not to destroy the animal is made pursuant to the hearing, the village may, to ensure the health and safety of the public and the animal, impose reasonable restrictions and conditions for the control and maintenance of the animal upon its release to the owner. The conditions may include, but are not limited to, the following: a. Posting a bond or other proof of ability to be responsible for future damage or injury caused by the animal. b. Specific requirements as to size, construction and design of an enclosure in which to house the animal. c. Establishing the location for housing the animal, including the removal of the animal from the Village. d. Requirements as to type and method of restraint and/or muzzling of the animal. e. Payment of reasonable fees to recover the impoundment costs incurred by the village. 5. As provided under section 15 of the Illinois animal control act, 510 Illinois Compiled Statutes 5/15, the court has authority to enter a decree restraining the owner of a vicious animal from maintaining such animal as a public nuisance and may further decree that such animal be humanely dispatched. 6. Impoundment shall be conducted in accordance with subsections 20.206 20.205 8, C and 0 of this article to the extent not in conflict with this section. (Ord. 5458, 9-21-2004) ARTICLE III ENFORCEMENT; PENALTIES 20.301: ENFORCEMENT: Cat-AnimalOcd 1- I 0-06 .doe .1/6/2006 Page 1401'18 ,.... "-~---------'----------"'"'''''''''''''''''''''="~='''"7"''''''',=.=,C<1=''',,,,,,=~~---~-~--_.- Proposed Changes to Chapter 20 Animal Control It shall be the duty of the following officials of the village to issue citations to any persons who violate the provisions of this section: members of the health department and members of the police department. A. Said citation A citation for violation of this Article may be delivered to the violator personally or may be delivered to a member of the violator's household of the age of ten (10) years or upwards, or may be affixed to the main entrance to any building located upon the premises where the violation occurred. B. Nothing in this section shall be construed to abridge the power of a police officer The Village to arrest any violator and take him or her into custody. (1981 Code) 20.302: PENALTIES: A. Notwithstanding the power of a police officer to arrest any violator and take him into custody, whenever a village official designated under section 20.301 of this article is authorized to issue a citation because of a violation of this section, said official may, in lieu of filing a complaint in court in the first instance, issue the alleged violator a citation: 1. Advising said person that he has violated a specified subsection herein. 2. Requesting him to make payment in an amount applicable to said alleged violation as set forth in subsection E of this section as settlement of said violation claim. 3. Informing him that upon failure to settle, a complaint "viii be filed in the circuit court of Cook County, charging him '.\lith such '.'iolation. B. Pursuant to said citation, the person so accused of said violation may settle and compromise the violation claim in respect to such violation by paying to the village the applicable amount in subsection E of this section, 'IJithin a period to be specified in said citation, not more than ten (10) days of the time alleged offense was committed. Such payment shall be made in accordance with the instructions contained in the aforesaid citation, at the office of the finance department of the village, '.','hich shall issue a receipt for the money so received and promptly remit said amount to the village treasurer to be credited to the proper municipal fund. C. In the event that the person to whom said citation is issued fails to settle and pay said violation claim \".'ithin the prescribed time, or within a period of time specified in a final notice (if one is served upon him) then such designated official is authorized to cause a notice to appear to be served upon said alleged violator and is authorized to file a complaint and to prosecute the same in the circuit court of Cook County. Feral. Cat-Animal Oed tbr 1-10-06 COW.doc 1/6/2006 15 of 18 Proposed Changes to Chapter 20 Animal Control D. The fact th~t the ~nimal is licensed to a person registered \vith the village treasurer collector in the n~me of said ~lIeged viol~tor shall bo prim~ f~cie proof th~t s~id alleged violator ~lIo'Ned the animal to exist in 'y'iolation of ~ny given provision of this chapter at the time of such ~lIeged viol3tion. E. The '1iol3tion c1~im described in s~id cit~tion so to be issued pursu~nt to the terms of this chapter m~y be settled, compromised and p~id in the respective ~mounts set f-orth as follows: 1. In the event that s~id payment is m~de prior to the m~i1ing by the municipality or by the official of ~ fin~1 notice, the sum of ten dollars ($10.00) shall be accepted as settlement. 2. In the event th~t payment h~s not been paid prior to the mailing of such fin~1 notice, ~nd in fact notice has been mailed the ~mount of twenty dollars ($20.00) sh~1I be ~ccepted as settlement. 3. In the event that p~yment is not made 'Nithin the time prescribed in the fin~1 notice, and ~ notice to appe~r has been served and ~ complaint filed in the circuit court of Cook County, p~yment of any fine and costs shall be in such ~mounts ~s m~y be determined and established by the circuit court of Cook County pursu~nt to subsection F of this section. ~ B. In ~ccord~nce with the provisions of subsection E of this section, Every person found guilty of a violation of any of the provisions of this article shall be punished by a fine according to a schedule set forth in appendix A, division III of this code. If any violation shall be of a continuing nature, a separate offense shall be deemed committed for each day of violation. (1981 Code; amd. Ord. 3206,4-20-1982; Ord. 3749,2-17- 1987; Ord. 5189, 5-15-2001) ARTICLE IV DEFINITIONS 20.401: SEVERABILITY: If any part or parts of this chapter shall be held to be unconstitutional, such unconstitutionality shall not affect the validity of the remaining parts of this chapter. The board of trustees hereby declares that it would have passed the remaining parts of this chapter if it had known that such part or parts thereof would be declared u nconstitutiona I. ( 1981 Code) 20.402: CONSTRUCTION: A. Effect Of Headings: Chapter, article and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning or intent of the provisions of any article or section of this chapter. '\LNVH\Dra ll\Cats\j:jnal 1 !(j!2006 Ord i\lr j - j O-O(j .J()C 16 of 18 Proposed Changes to Chapter 20 Animal Control B. Definitions: For the purpose of this chapter, whenever the following words and phrases are used, they shall have the meanings and definitions respectively ascribed to them in this section: ANIMAL: Any living vertebrate, domestic or wild, not including humans. ANIMAL CONTROL CENTER: Any facility utilized for the purpose of impounding animals impounded pursuant to the terms of articles I and II of this chapter. ANIMAL CONTROL OFFICER: The health officer of the village, Director of Community Development and the Chief of Police and his agents or ::my police officer, or their agents, their designated agents enforcing the provisions of this chapter. ANIMAL UNDER RESTRAINT CONTROL: Any animal either secured by a leash or lead, or within the premises of its owner, or confined within a crate or cage, or confined within a vehicle, or 00 within the premises of another person with the consent of that person, or within an area specifically designated by the animal control officer as an animal exercise run when sa-i€J. the animal is under the control of a competent person. BITE: Seizure with the teeth or jaws of an animal so that the skin of a human being or animal seized has been pierced or broken and further includes contact of the saliva of the biting animal with any break or abrasion of the skin of the human being or animal bitten. CAT: Any live male or female member of the classification Felis catus. DIRECTOR OF HEALTH OR HEALTH OFFICER: Director of the department of health Community Department of the Village. DOG: Any live male or female member of the classification Canis familiaris. FINANCE DIRECTOR: Director of finance of the Village. HUMANE SOCIETY: Any not for profit corporation chartered under the laws of the State of Illinois for the object of animal welfare. IMPOUNDED: The taking of any animal into the custody of the animal control officer, including the subsequent placement of such animal into any kennel, animal shelter, animal pound in accordance with the terms of articles I and II of this chapter. KILL: Death brought about by any method which produces loss of consciousness and results in painless humane death. LICENSED DOG: /\ny dog six (6) months of age or older for which the owner can produce proof of having paid the license f-ae f-or the current year. Feral Cat-Animal Ord tilT 10.06 COW.duc 1/6/2006 Page 17 of 18 -.---------~~~.~""""'='.'~,===''''''''''''"-=''"''...".,...,.-.,.,.,...,.~=.. , "u"'~~".,_",.'"'...~_~'.',="""'=~~_'__.___,_.",.,.__==,=_==='""="''''''l''''''''',""",''''=''''''''''''''_~~~..'_~___~____ Proposed Changes to Chapter 20 Animal Control O'.^JNER: /\ny person having a right of proporty in any animal or who keeps or harbors any animal or '.vho has an animal in his care or custody for fifteen (15) consecutive days. "Owner" means any person having a right of property in an animal, who keeps or harbors and animal, who has it in his or her care, acts as its custodian or who knowingly permits an animal to remain on or about any premises occupied by him unless possession is prohibited by Federal or State Laws. Native wildlife remaining on or about any premises shall be included in this definition. POLICE DEPARTMENT: The Mount Prospect Police Department. SCRATCH: Any scraping with the claw or nail of any animal so that the skin of a human being or animal being touched has been pierced or broken. STRAY ANIMAL: Any animal upon property other than that of the owner and not under restraint and not in the presence of its owner. VACCINATION: The injection, as approved by the department of agriculture, state of Illinois, of an anti racism vaccine approved by said department, with verification thereof consisting of a current certificate and current tag issued in accordance with the statutes of the State of Illinois. VICIOUS ANIMALS: Any animal which is known to have attacked a person on a previous occasion without provocation whenever that person was peacefully conducting himself or herself where he or she was lawfully entitled to be. VILLAGE: The Village of Mount Prospect. (1981 Code; amd. Ord. 5458, 9-21-2004) II. 1/6/2006 Orel li)l' 1 ~ 1 0-06 .doc 18 of 18 MEMORANDUM Village of Mount Prospect Community Development Department - Building Division TO: MICHAEL E. JANONIS, VILLAGE MANAGEMENT FROM: DIRECTOR COMMUNITY DEVELOPMENT DATE: JANUARY 4, 2006 SUBJECT: RECOMMENDA nONS FOR CHANGES IN ENVIRONMENTAL HEALTH DIVISION OPERA nON At the September 27th Committee of the Whole meeting a variety of items were presented for Village Board consideration. Each was proposed with the goal of increasing Community Development Department efficiency, covering department expenses, reducing construction related problems, and abating nuisances throughout the community. This memorandum provides the additional information requested by the Village Board regarding these three proposals (which are most directly related to the Environmental Health Division): · Vacant Structure Property Registration Certificate · Nuisance Abatement · Adjudication Vacant Structure Property Registration Certificate Village Attorney Everett Hill has amended the vacant building regulations presented to the Village Board on September 27,2005 to a more concise and understandable format. The intent of regulations, now titled "Vacant, Noncomplying and Immediate Hazard Structures" remains as follows: · owners of vacant structures that are a hazard or have violations will be required to register annually and pay a $500 fee; · fees will be waived for those owners who are expeditiously repairing or demolishing the structure; · owners must comply with the deadline for the correction of all violations or face a $50 penalty for each day the violation; · the Village may abate violations that continue beyond the compliance deadline at the owner's expense; · the Village shall seek demolition for those structures that are an immediate hazard and cannot be made safe. A new provision permits the Village to request the Administrative Law Judge to order the vacation of a structure that has become reoccupied where the violations remain uncorrected. '--~-""'~'"""""'=="'=""~=='~~~=""O~T<C'=;"'"""a"_~~"."",,'''''''''''''''''O'''''''''''"'''''''''.'''''''''~_"="",",_""",_ ",." _ The regulations will require the owner of the types of vacant buildings listed below to obtain a "Vacant Structure Registration Certificate": · Condemned or immediate hazard · Vacant and not secure for more than five (5) days · Vacant and boarded for more than thirty (30) days · Vacant with outstanding code violations for more than thirty (30) days · Vacant and nuisance condition cited within last 180 days. Structures that are vacant, maintained, and secure are not required to obtain a vacant building permit. The intent is to limit the department's efforts to vacant structures that are a problem. The flowchart "Vacant Structure Registration Process" (Exhibit 1) describes the actions from application through inspection. To obtain a "Vacant Structure Registration Certificate" the following will be required: · Pay a $500 fee to offset the costs for Village expenses monitoring these structures to protect the public and to obtain compliance with codes. The fee will be waived for those owners who are expeditiously repairing or demolishing the structure. · Complete an application listing the owner and agent for accepting notices and signing trespass complaints, permitted persons on the property, mortgage holder; length of vacancy, statement of intent describing the scope of work and timetable for completion to rehab, maintain, or demolish structure. (Sample application - Exhibit 2 ) · Immediately remove all rubbish from the interior and exterior of the property. Remove all uncontrolled vegetation growth. · Schedule an interior and exterior inspection of the property by the Village for compliance with Village Codes and standards of this article. The inspection is to make the structure safe for emergency response, secure from the public, and return the premises to a maintained condition. Upon receipt of the certificate, the owner must comply with the inspection within the time periods given, apply for all necessary permits within 10 days, and maintain the premises in compliance with the inspection and standards of this article. In the event, the violations are not corrected by the deadline the owner will be charged a penalty of $50 per day for each day the violation continues. Also the Village will have the authority to abate any violations not corrected by the deadline and to abate other violations that occur. Exhibit 3 is a draft Text Amendment for Village Board consideration. Nuisance Abatement Village Attorney Everett Hill has previously reviewed the subject "nuisances and abatement" as described in a number of Village Code Sections and has prepared a draft ordinance to address "nuisance and abatement" in its entirety. The draft ordinance references: · existing nuisances defined throughout the Village Code, · nuisances defined by State law, . defines nineteen nuisances; · expands responsible party to include the owner, tenant, occupant, property manager, and lessee; · provides that service of notice to the owner may be made by regular mail to the last address the tax bill was sent, personal service, or posting; · permits the Village to abate the nuisance at the owner's cost when the deadline for compliance has been exceeded; · grants the Village Manager authority to abate a nuisance immediately at the owners cost; and, II:\ENV Il\Draft\ V Dcant\Finall- I 0-06 CO W Cover Mem V acant-N uisance.doc · grants the Village Manager authority to pursue all avenues to abate a nuisance within Y2 mile of the corporate boundaries. The nuisances defined include drainage obstructions, encroachments on streets and public property, offensive animal pens, inoperable vehicles, stagnant water, offensive noise, pollute waters, unsound and not maintained structures, boarded or tarped structures, noxious weeds, accumulations of waste, attractive nuisances, and hazardous uncontrolled growths of vegetation. The highlight of the proposed ordinance is the elimination of burdensome notice procedures requiring personal service and acceptance of certified mail, where absentee property owners can avoid responsibility by refusing to accept certified mail, or hiding their actual identity and mailing address through trusts and PO boxes. The proposed ordinance will permit the Village to more promptly abate nuisances at the owner's expense. Exhibit 4 is a draft Text Amendment for Village Board consideration. Administrative Adjudication System Village Attorney Everett Hill, has produced a final draft ordinance incorporating the refinements to the Administrative Adjudication System presented to the Village Board on December 9, 2005 and suggestions made during the Hearing Officer interview process. The amendments achieve the following: . change the title "Hearing Officer" to "Administrative Law Judge", . grant the Administrative Law Judge authority to issue a subpoena at their discretion in lieu of issuing a subpoena on demand; . provide for a daily penalty of 10% of the fine for each day a violation continues past the compliance order deadline; and, . permit staff to issue citations that are payable to the Village without a hearing. The amendments were made to add some formality to the hearing process by appearing before a judge, prevent abuse of subpoena requests, encourage persons to promptly comply with a compliance order or face an ever increasing penalty, and permit staff to issue citations permitting first time offenders or persons with minor violations to comply, paying a nominal fine, and avoiding the hearing process. Exhibit 5 is a draft Ordinance for Village Board consideration. Summary The code changes proposed above will further the Village's efforts to implement the Administrative Adjudication process and more adequately address property maintenance problems throughout the Village. Please forward this memorandum to the Village Board for their review and consideration at their January 10th Committee of the Whole meeting. Staff will be in attendance at that meeting to further discuss these matters. VlJ~~~;'AICP Director of Community Development H:\r:NVH\Drall\Vacant\Finall-1 0-06 COW Cover Mom VacClnt-Nuisancc.doc Exhibit 1 Vacant, Structure ReJ[lstratlOn Process Registration applied for and includes the following - . Application includes authorized persons to be present . Person to sign trespass complaints . Expected period of vacancy . Maintenance plan during vacancy . Plan for rehab or demo with time line for occupancy . Measures to keep structure secure and weather-tight . Measures to keep property free from nuisances ~ I Inspection scheduled I I ~ ~ Immediate hazard - Structure is posted Note - Always a Noncomplying structure Noncomplying structure - two or more code violations ~ ~ , Director pursue expeditiously pursue demolition. , Owner makes safe under the conditions of the remediation permit. . Building must be maintained in compliance with codes. . Building must be immediately secured. Within 10 days of certificate receipt . Apply for all required permits. . Building must be emptied of all waste. . Exterior must be free of waste and excessive vegetation. Within time-limits of inspection orders . Owner protects the building from intruders and deterioration. Within 21 days Director determines whether structure may be made safe or demolished and makes recommendation made to the Village Manager Fails to comply - $50 penalty per day past cure date I Complied ~ 1 Abate nuisances (Owner responsible for all costs) V illage Orders structure vacated ] -I 0-06 COW Cover Mcm Vacant-Nulsance.doc Exhibit 2 Vacant Structure Registration Mount Prospect Community Development Department - Health Division 50 S. Emerson Street, Mount Prospect, Illinois 60056 Phone: (847) 818-5328 FAX: (847) 818-5329 www.mountprospect.org VILLAGE OF MOUNT PROSPECT Vacant Structure Registration 00 ~- E-<.Q Condemned or immediate hazard <Cl. - E-<~ _ Vacant and not secure for more than five (5) days 00.... ~ ~ _ Vacant and boarded for more than thirty (30) days ~;S ~= _ Vacant and outstanding code violations for more than thirty (30) days E-< ~ _ Vacant and nuisance condition cited within last 180 days. u~ ~ ~ ~-= E-<~ 00 Name(s) Telephone (day) l-< Corporation Telephone (evening) QZQ) Z 0 ~ ~.....O OE-< ~~~ Street Address Fax: ~ ~ g U ~ l-< <Z~ City State Zip Code Email =..... Mortgage Holder Z Telephone (day) o ::: Name ..... 0 E-< ..... Fax <~ ~ S Address ~<B o ::: Email ~- Zti ......;3 Q ::: Local Authorized Agent (to receive notices and sign complaints) Z 0 ~~ Telephone (day) o ro Name ~ 8 ~ '.0 Fax ..... ~"O Address u"O << = Email 1-10-06 CO W M em V acant-N uisance.cloc Authorized Person on Property Telephone (day) Name Fax Address Email Authorized Person on Property Telephone (day) Name Fax Address Email Authorized Person on Property Telephone (day): Name Fax Address Email Authorized Person on Property Telephone (day): Name Fax Address Email II A!!reement II I will protect my vacant building or structure from intrusion by trespassers and from deterioration by the weather by following vacant building maintenance standards below: (1) Building openings: Doors, windows, areaways and other openings shall be weather-tight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings shall be covered by glass or other rigid transparent materials which are weather protected, and tightly fitted and secured to the opening. (2) Roofs: The roof and flashings shall be sound and tight, not admit moisture or have defects which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the building. (3) Drainage: The building storm drainage system shall be functional and installed in an approved manner, and allow discharge in an approved manner. (4) Building structure: The building shall be maintained in good repair, structurally sound and free from debris, rubbish and garbage. The building shall be sanitary. The building shall not pose a threat to the public health and safety. fl:\I~:NVH\I)ran\Vacant\Finall 10-06 CO\V Cover Mom Vacant-Nuisanco.doc (5) Structural members: The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads. (6) Foundation walls: The foundation walls shall be maintained structurally sound and in a sanitary condition so as not to pose a threat to public health and safety, shall be capable of supporting the load which normal use may cause to be placed thereon, and shall be free from open cracks and breaks, free from leaks, and be animal and rat-proof. (7) Exterior walls: The exterior walls shall be free of holes, breaks, and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (8) Decorative features: The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be safe, anchored, and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (9) Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment (10) Chimneys and towers: Chimneys, cooling towers, smokestacks, and similar appurtenances shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. (II) Walkways: Walkways shall be safe for pedestrian travel. (12) Accessory and appurtenant structures: Accessory and appurtenant structures such as garages, sheds, and fences shall be free from safety, health, and fire hazards and shall comply with these vacant building maintenance standards. (13) Premises: The premises upon which the structure or building is located shall be clean, safe, and sanitary, free from waste, rubbish, debris or excessive vegetation, and shall not pose a threat to the public health or safety. I have read and agreed to follow the directions as outlined. The provided information is true and accurate. I understand that failing to abide by these regulations and maintain the structure in compliance without further notice may result in abatement of any nuisance without further notice by the Village and all costs including an administrative fee up to $200 will be charged. Failure to pay the costs and penalty may result in the following: 1. The denial of any future permits or certificate of occupancy 2. The denial of transfer stamps should the property be sold. 3. Referring the debt to a collection agency 4. A lien placed on the property. Signature Date H:\ENVlJ\DraH\VacanfFinal 1-10-06 COW Cover Mom Vacant-Nuisancc.doc Office use only Permit Fee - $500.00 Date paid *Fee - Waived if cost to repair exceeds 50% of the value ofthe structure and time limit to repair or demolish structure in approved statement of intent is met. Date site inspection scheduled Time Inspector Statement of intent received date Statement of intent approved by Date I l:\1: NV IfDraH\ Vacant\FinalJ -I 0-06 Mcm Vac2Jflt-Nuisancc,doc Statement of Intent Will the structure be demolished, rehabbed, or maintained? If demolition, have you applied for Cook County Environmental Control Permit and Mount Prospect Demolition Permit? If so, when did you apply? / / Demolition contractor if not already provided on Mount Prospect Demolition Permit application. Name Address Phone Email Planned date of demolition Describe expected period of vacancy, maintenance plan, scope of rehab and repair, schedule for completion, security measures, list permits, and if applicable list contractors not on permits (name, address, phone) List contractors not on permits Name Address Phone/Email Exhibit 3 Text Amendment/or Vacant Structure Registration Certification (portion 0/ ordinance prepared by the Village Attorney) A new Article XXV to Chapter 23 of the Village Code of the Village of Mount Prospect, Illinois shall be added as follows: ARTICLE XXV VACANT, NONCOMPLYING AND IMMEDIATE HAZARD STRUCTURES Sec. 23.2501 Statement of Findings and Purpose. A. From time to time there are structures within the Village that are not in compliance with Village regulations, have become a threat to life and property or are vacant or abandoned. Therefore, the Village Board of Mount Prospect makes the following findings and declarations: Noncomplying structures must promptly be made safe and secure to protect the public safety and declared to be a nuisance subject to the abatement process set forth in this Article. Noncomplying structures are dangerous and unsafe in that they are extremely vulnerable to fire, flooding, collapse or other hazards. Noncomplying structures are a blight on their neighborhoods, cause deterioration and instability in their neighborhoods and have an adverse impact upon other properties. Structures that were previously used or occupied and have since become vacant have a significant and detrimental impact on the local real estate market. Structures that are vacant and not properly secured attract vagrants and criminals and are prime locations to conduct illegal activities, including arson and drug use. Structures that are vacant and unsecured pose serious threats to the public's health and safety and therefore are public nuisances. Immediate abatement of these hazards or rehabilitation of these structures is necessary to prevent unsightly blight and the deterioration of neighborhoods with the consequent adverse impact on the value of adjacent and nearby properties. Such actions are also necessary to I 10-06 COW Cover Mom secure the public safety and to ensure and enhance the vitality and livability of our neighborhoods. Communication between Owners of noncomplying structures and the Village is essential for effective allocation of public resources and the maintenance of public health, welfare and safety in regards to such structures. B. The purpose of this Article is to establish necessary measures to abate the public nuisances, blight, negative housing market impact and other harmful effects associated with noncomplying structures. Sec. 23.2502 Definitions. The words and phrases used in this section have the following meanings unless the context clearly indicates otherwise: Director means the Director ofthe Community Development of the Village of Mount Prospect or his/her designee. Hazard Remediation Permit is that permit issued by the Director for the purpose of permitting the cure or remediation of any Immediate Hazard on the premises. Immediate Hazard means a determination by the Director that a structure is not safe for any entry, occupation or use by any person, except as allowed by the issuance of a Hazard Remediation Permit. Noncomplying Structure means a structure that has at least two Code violations, but does not constitute an Immediate Hazard. Owner shall mean any and all Owners of record, including the person or entity to whom the last tax bill was sent, any and all beneficial Owners and any and all purchasers pursuant to Articles of Agreement or similar contract. Responsible Party shall include Owners, tenants, occupiers, property managers and lessees. Statement of intent means a form completed by the Owner of a vacant structure, which contains specific information regarding the structure and the Owner's plans for its rehabilitation and maintenance, demolition and/or removal. Structure means any object or installation that can be built or installed and is located on and affixed to the land. The term "structure" shall include any part of a structure. H:\ENVIJ\DraHWacanl\Finai 1-10-06 COW Cover rv'lem Vaci1nt-Nuisancc.doc Substantial rehabilitation means any rehabilitation the cost of which exceeds fifty (50) percent of the market value of the existing structure. Vacant Structure means any structure that is: o Condemned or declared an immediate hazard. o Unoccupied and unsecured for five (5) days or more (for purposes of this definition, unsecured shall mean that the doors or windows have not been locked or are broken permitting entry); o Unoccupied with more than one housing maintenance, fire or building code violations existing for thirty (30) days or more; o Unoccupied and boarded up for thirty days or more; o Unoccupied for a period of time over one hundred eighty (180) days during which an order has been issued to correct a Code violation. Vacant Structure Registration Certificate is that document issued by the Village as set forth in this Article, for structures meeting the definition of a Vacant Structure. Sec. 23.2503 Enforcement Authority. The Director of the Department of Community Development is authorized to administer and enforce the provisions of this Article, including, but not limited to, maintaining lists setting forth the status of noncomplying, Immediate Hazard and vacant structures. The Director may delegate his/her powers and duties under this Article to an appropriate administrator or inspector. Sec. 23.2504 Liability Pursuant to this Article; Liens; Nuisance Fee. Every Responsible Party with respect to any property shall be jointly and severally liable with every other Responsible Party for the obligations set forth in this Article. Any reference to an Owner in this Article shall include all Responsible Parties. The costs and charges incurred by the Village shall constitute a lien on the real estate upon which such structure is situated. In addition, for every day that the structure remains a nuisance, after notification of such by the Director, the Owner shall be absolutely liable to the Village for a nuisance fee as set forth in Divisions II and III of Appendix A. Sec. 23.2505 Obligations of Owners of Noncomplying Structures. A. Every Noncomplying Structure as determined by the Director, is unlawful and constitutes a nuisance. Upon determination that a structure is a Noncomplying Structure, the Director shall have the authority to serve notice of the Code violations on the Owner and order their correction by a date certain, ("Cure Date"). J -I 0-06 COW Mom Vaccmt-Nuisancc.doc B. If upon reasonable inquiry the Owner or appropriate Responsible Party cannot be determined or the Owner fails to correct the violations within the Cure Period, the Responsible Parties shall become absolutely liable for a daily nuisance fee as set forth in Division II of Appendix A. In addition, the Village may, at the expense of the Owner, (1) immediately enter upon the premises and abate the nuisance; or (2) seek an order from the Circuit Court or the Village Administrative Law Judge requiring the vacation of the structure and causing it to be subject to the Vacant Structure obligations of this Article. Sec. 23.2506 Obligations of Owners of Structures Constituting an Immediate Hazard. A. At such time as the Director determines that a structure is an Immediate Hazard, the Director shall post a Notice ofImmediate Hazard at each exterior entrance to the structure and notify the Owner or appropriate Responsible Party that entry into the structure is prohibited except pursuant to an Immediate Hazard Remediation Permit, or a demolition permit. In addition, the notice shall inform the Owner or appropriate Responsible Party that the structure is declared vacant and subject to the obligations set forth in this Article with respect to Vacant Structures. B. Upon determination that a structure is an Immediate Hazard and notice has been given as set forth above, the Director shall make a written determination of whether the structure may be made safe or whether its condition is such that it must be demolished and removed. This determination shall be made within twenty-one days of the posting of the structure as an Immediate Hazard. The Director may employ such professional consultants as may be advisable in order to make such a determination. The Director shall submit the recommendation to the Village Manager who shall make a final determination with respect to the property. C. If it is determined that the Immediate Hazard may be remediated, the Owner shall be required to seek such remediation pursuant to an Immediate Hazard Remediation Permit and the regulations set forth in this Article for Vacant Structures. Except for the sole purpose of curing violations, pursuant to an Immediate Hazard Remediation Permit, it shall be unlawful to use, occupy or to perform construction, alteration or maintenance on a structure that is or contains an immediate hazard. The Immediate Hazard Remediation Permit shall establish a deadline for remediation. D. If it is determined the Immediate Hazard cannot be remediated, the Director shall expeditiously seek the demolition of the structure. Sec. 23.2507 Obligations of Owners of Vacant or Abandoned Structures. A. When a structure becomes vacant, as defined by Section 23.2502, the Owner of the structure shall apply for and obtain a Vacant Structure Registration Certificate and pay the fee, as set forth in Division II of Appendix A. If the structure is still vacant at the time of expiration of the original Vacant Structure Registration Certificate, the H:\ENVII\Drall\Vacant\Final 1-10-06 COW Cover Mem Vacant-Nuisance.doc Owner shall immediately renew the Certificate. All renewed permits shall be subject to all conditions and obligations imposed by this Article on the initial Certificate. B. The Owner of a vacant structure shall comply with all regulations of the Village. To this end, the Owner shall apply for all building, fire prevention and zoning permits necessary to bring the structure into compliance within ten days of obtaining a Vacant Structure Registration Certificate. C. The Owner of a vacant structure shall, within ten days of receipt of the Vacant Structure Registration Certificate, complete the removal of all (1) combustible materials from the structure in compliance with the applicable fire prevention regulations; (2) waste, rubbish or debris from the interior ofthe structure; and (3) waste, rubbish, debris or excessive vegetation from the yards surrounding the vacant structure in accordance with the vacant structure maintenance standards of this Article. D. The Owner of a vacant structure shall immediately lock, barricade or secure all doors, windows and other openings in the structure to prohibit entry by unauthorized persons, in accordance with the vacant structure maintenance standards of this Article. E. The obligations of the Owner of a vacant structure are continuing obligations which are effective throughout the time of vacancy, as that term is defined in this Article. Sec. 23.2508 Vacant Structure Registration Certificate; Inspection; Fees. A. Application by the Owner of a vacant structure for a Vacant Structure Registration Certificate shall be made on a form provided by the Director. The application shall include a "Statement ofIntent" that shall set forth information as to (1) the expected period of vacancy (including the date of initial vacancy); (2) the plan for regular maintenance during the vacancy to comply with the vacant structure maintenance standards of this subsection; (3) a plan and time line for the lawful occupancy, rehabilitation or removal or demolition of the structure, (4) measures to be taken to ensure that the structure will be kept weather-tight and secure from trespassers and that it is safe for entry by police officers and firefighters in times of exigent circumstances or emergency; (5) measures to be taken to assure that the premises remains free from nuisance and in good order in conformance with the vacant structure maintenance standards; and (6) list all persons authorized to be present in the structure and provide notices of trespass to the police authorizing the arrest for trespass of individuals not on the list. (The Owner shall update the authorized person list as needed). B. Upon and at the time of application, the Owner of a vacant structure shall arrange for an inspection of the premises by the Director and the appropriate police and fire officials. The Village officials shall inspect the structure and its contents. If the Owner of the vacant structure fails or refuses to consent to an inspection, the Director ]-10-06 COW Cover Mem Vacant-Nulsance.doc may seek an administrative warrant from the Circuit Court of Cook County for the purposes set forth in this Article. C. The Director, upon inspection, shall have the authority to issue any order for work needed to adequately protect the structure from intrusion by trespassers and from deterioration by the weather in accordance with the vacant structure maintenance standards set forth in this Article; or (2) declare the structure an Immediate Hazard; or (3) declare the structure a Noncomplying Structure. D. All work ordered to be done pursuant to this Article shall be done in compliance with the applicable building, fire prevention and zoning codes and ordinances. E. No Vacant Structure Registration Certificate shall be effective for more than one year from the date of issuance. Sec. 23.2509 Vacant Structure Maintenance Standards; Exceptions. A. Standards. A vacant structure shall be subject to the following vacant structure maintenance standards: Structure openings: Doors, windows, areaways and other openings shall be weather-tight and secured against entry by birds, vermin and trespassers. Missing or broken doors, windows and other such openings shall be covered by glass or other rigid transparent materials, which are weather protected, and tightly fitted and secured to the opening. Roofs: The roof and flashings shall be sound and tight, not admit moisture or have defects which might admit moisture, rain or roof drainage, and allow for drainage to prevent dampness or deterioration in the interior walls or interior of the structure. Drainage: The structure storm drainage system shall be functional and installed in a manner consistent with Village regulations and allow discharge in a manner consistent with Village regulations. Structure: The structure shall be in good repair, not in violation of Village regulations, structurally sound and free from debris, rubbish and garbage. The structure shall be sanitary. The structure shall not pose a threat to the public health and safety. Structural members: The structural members shall be free of deterioration and capable of safely bearing imposed dead and live loads. Foundation walls: The foundation walls shall be structurally sound and in a sanitary condition so as not to pose a threat to public health and safety. The walls shall be capable of 1-10-06 COW Cover Mom - -.-----------_.~=~="""""~------..-. supporting the load of normal use and shall be free from open cracks and breaks, free from leaks and be rodent proof. Exterior walls: The exterior walls shall be free of holes, breaks and loose or rotting materials. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Decorative features: The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be safe, anchored and in good repair. Exposed metal, wood or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment. Chimneys and towers: Chimneys, cooling towers, smokestacks and similar appurtenances shall be structurally safe and in good repair. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. Walkways: Walkways shall be safe for pedestrian travel. Accessory and appurtenant structures: Accessory and appurtenant structures such as garages, sheds and fences shall be free from safety, health and fire hazards and shall comply with all Village regulations. Premises: The premises upon which the structure is located shall be clean, safe and sanitary. It shall be free from waste, rubbish, debris or excessive vegetation in compliance with Village regulations and shall not pose a threat to the public health or safety. B. Exceptions. 1. Any person subject to the provisions of paragraph (A) above may seek an exception from the Village Manager. 2. Where an exception is requested by an applicant, the Village Manager may grant such an exception and render a decision in favor of the applicant, only under the following circumstances: ]-10-06 COIN Mcm a. There are facts or conditions that make strict compliance with the provisions of paragraph (A) above unusually difficult or that create an undue hardship; b. Such a hardship or condition has not been created by the applicant; and c. The exception requested will represent the minimum relief necessary and will represent the least deviation possible from the vacant structure maintenance standards. 3. In rendering a decision in favor of an applicant, the Village Manager may attach such conditions to the exception as may be necessary and appropriate under the circumstances to implement the purposes of this Article. Sec. 23.2510 Vacant Structure Registration Certificate Fee; Waiver. The Vacant Structure Registration Certificate fee shall be in an amount set forth in Division II of Appendix A. This fee shall also be charged upon Certificate renewal. The fee shall be paid at the time of application or renewal. This fee shall be waived as follows: A: For single family residences that had been damaged by fire, other casualty or Act of God, provided the Owner has proceeded expeditiously to obtain appropriate permits to cure the conditions requiring the vacancy; B. For any structure, if the Owner has secured all the duly required permits to demolish the structure. Sec. 23.2511 Appeals. A party aggrieved by an action of the Director pursuant to this Article may appeal such action by requesting a hearing before the Village's Administrative Law Judge. Sec. 23.2512 Enforcement and Penalties. A. Any person found to be in violation of any provision of this Article shall be subject to a fine as set forth in Division III of Appendix A. Each day's failure to comply with an order of the Director shall constitute a separate offense. Prosecution under this section is a remedy cumulative to any and all other remedies at law and equity, and in no way preempts, supersedes or bars prosecution for violation of this Article under subsection (B) of this Section. H:\r::NV H\DraH\Vacant\Final 1-10-06 CO W CoverMcm V acant-N uisance.doc B. Any violation of this Article is also declared to be a nuisance and subject to removal or abatement as set forth in this Article. An abatement action pursuant to Section 23.2604 is discretionary and is not a precondition to prosecution under this Section. C. Any order issued pursuant to this Article shall be recorded in the office of the Cook County Recorder of Deeds. The order shall be effective against any purchaser, mortgagee, attaching creditor, lienholder or other person whose claim or interest in the property arises subsequent to the recording of the order. Once the violation(s) is certified to be corrected, such orders shall be removed from the record. All fees, costs, or charges assessed pursuant to this Article shall be a lien upon the real property . H:\ENVIJ\DraH\ Vacant\Final 1- J 0-06 Mom Vacant-Nuisancc.doc Exhibit 4 Text Amendment for Nuisance Abatement (portion of ordinance prepared by the Village Attorney) ARTICLE XXVI A new Article XXVI to Chapter 23 of the Village Code of the Village of Mount Prospect, Illinois shall be added as follows: Sec. 23.2601 Nuisances; Definition; Prohibition. A. Definition. For purposes ofthis Section, the term "nuisance" is defined to mean any condition or use of any premises which is detrimental to the property of others, a threat to health or safety, or which causes or tends to cause substantial diminution in the value of other property. Nuisance shall also include all conditions set forth in Section 23.2603, any other condition declared to be a nuisance in the Village Code, and any condition declared to be a nuisance in 720 ILCS 5/47-5. B. It shall be unlawful to maintain a nuisance, within the Village; or outside the Village if the nuisance has a detrimental effect within the Village. Sec. 23.2602 Parties Responsible for Abatement of Nuisances and for Maintaining a Nuisance. Each and every obligation or liability imposed by this Article XXV shall be the joint and several liability or obligation of every Owner, tenant, occupier, property manager and lessee. Sec. 23.2603 Enumeration of Nuisances. In addition to those actions which are elsewhere in this Code declared to be and constitute a nuisance, it is a nuisance for any person within the territorial jurisdiction of the Village and within one-half (112) mile of the corporate limits: A. To obstruct or impede the passage of any gutter, drainage, conduit, sewer or the natural drainage on any public or private property. B. To construct or encroach upon public highways, streets, or other public property. C. To own, keep or use any yard, pen, place or premises, in or upon which animals shall be confined or kept, so as to be offensive to those residing in the vicinity or cause annoyance to others. [ -1 0-06 Mcrn V acant-N uisancC.doc D. To cause or allow any motor vehicle not in operating condition or current use, or any motor vehicle parts or components, or any pile or deposit of garbage, refuse, glass bottles or jars, broken glass or other trash or rubbish of any kind to collect, accumulate or remain upon any public or private grounds, street, yards, woods, fields, parks, parkways or elsewhere. E. To allow to collect, to stand or remain on any premises, water which is or which may become stagnant, foul or offensive, or detrimental to the health and comfort of persons residing in the neighborhood. F. To use any premises to create an offensive smell which taints the air and renders it unwholesome or unreasonably disagreeable to other persons. G. To render unwholesome or impure the water of any spring, stream, pond or well. H. To produce or permit to be produced, in or upon any premises in the Village, any offensive noise which disturbs the peace or quiet of the neighborhood or of any person residing in the vicinity of such premises. I. To allow to remain after the completion of each day of construction work, any dirt, mud, gravel or rock to collect, accumulate or remain upon any public streets. J. To permit any animal (including birds) to be or remain on the property of a person not the Owner, when the Owner of the other property has given notice that the animal is not permitted on the property. K. To keep or maintain any structure that is in violation of any life safety regulation or any structure that is in violation of more than one of any other structure, safety, property maintenance or land use regulation of the Village. L. To own or maintain a vacant structure pursuant to Section 23.2502 of this Code for which a Vacant Structure Registration Certificate has not been secured. M. To keep or maintain any structure which is structurally unsound or the exterior of which is not in good repair as required by the Village Code. N. Boarding up or covering with tarps any portion of a structure unless done temporarily because of fire or weather-related emergency or while completing work pursuant to a valid Village permit. J ~I 0-06 COW Cover Mem Vacant~NuIsancc.doc O. Noxious weeds located on vacant lots or other property, along public sidewalks or the outer edge of any public street, or weeds in any other location that constitute a fire hazard. P. Accumulation of soil, litter, debris, plant trimmings, or trash on vacant lots or other property. Q. Accumulation of used or damaged lumber, junk, salvage materials; abandoned, discarded or unused furniture; stoves; sinks, toilets, cabinets, or other fixtures or equipment stored so as to be visible from a public street, alley, or adjoining property. The placement of stacked firewood for personal non-commercial use on the premises is permissible. R. Any attractive nuisance dangerous to children and other persons including, but not limited to, abandoned, broken, or neglected household appliances, equipment and machinery, abandoned foundations, structures or excavations, or improperly maintained or secured pools. S. Dead, decayed, diseased, or hazardous trees, weeds, hedges, or hazardous trees, weeds, hedges, and overgrown or uncultivated vegetation which is in a hazardous condition, is an obstruction to pedestrian or vehicular traffic, conducive to crime, or that is likely to harbor rats, vermin, or other pests. Sec. 23.2604 Abatement Procedure. An abatement action under this section is a remedy cumulative to other remedies at law and equity. An abatement action in no way preempts, supercedes or bars civil or criminal prosecution for violation of this Article or any other applicable building, fire prevention or public safety regulation. The commencement of an abatement action is not a condition precedent to the initiation of criminal prosecution or any other remedy. Failure to adhere to the procedure prescribed in this section shall not bar relief or remedy if such failure causes no prejudice and merely constitutes harmless error. The following shall be the procedure for the abatement of a nuisance within the jurisdiction of the Village: A. Notice shall be given to the Owner of the nuisance or the Owner of the property on which the nuisance exists. For purposes of this section, the person to whom the last general tax bill on the property was sent shall be presumed to be the Owner. Notice by regular mail and posting of notice on the front entrance to the structure or similar location shall be deemed sufficient, legal notice to the Owner and all other responsible parties. If there is no structure on the property, a sign may be posted anywhere on the premises. B. The notice shall state the location and nature of the nuisance. It shall inform the Owner that if the nuisance is not abated within a specified number of days, the Village will, at the expense of such Owner, have such nuisance abated. Fourteen days shall be such ! -I 0-06 Cover Mem Vaccmt-Nuisance.doc specified number unless otherwise stated in the Village Code, or the public health and safety require a shorter abatement period. The obligations of the Owner are continuing obligations which are effective for one year from the date of the notice. C. If upon the giving of notice, the Owner fails to abate the nuisance within the time and in the manner specified in the notice, the Village may cause the nuisance to be abated, as it deems appropriate. The cost of the abatement shall be assessed against the land upon which the nuisance is located. D. If the nuisance is of such threat to the welfare and safety of the community that it must be abated immediately, the Village Manager, in his or her sole discretion, is authorized to take such steps as may be necessary to effect the abatement regardless of the requirements of this Article. E. The cost of such abatement shall constitute a lien upon the real estate on which the nuisance existed. The lien shall be superior to all subsequent liens and encumbrances. F. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village. All Responsible Parties shall be jointly and severally liable for the removal or abatement of or any expense, fee, penalty or fine resulting from any nuisance. Sec. 23.2605 Nuisance Originating Outside the Village Jurisdiction. Upon a reasonable showing that a nuisance from a source outside the Village jurisdiction is causing prejudice to a resident or residents of the Village, in the Village Manager shall have the authority to pursue all avenues, including the institution of court proceedings to effect the abatement of such nuisance. Sec. 23.2606 Nuisance Fee. Any person found maintaining a nuisance as set forth in this Article XXVI, and who fails to abate it within thirty (30) days or such shorter time period contained in any order to abate, shall be absolutely liable to the Village for a daily nuisance fee in the amount set forth in Divisions II and III of Appendix A. This nuisance fee shall be in addition to any fines or costs recoverable pursuant to this Article or any other Code provision. H:\ENVH\DraHWacant\Finall-10-06 COW Cover V acant-N uisance.doc Exhibit 5 An Ordinance Establishing Chapter 8, Article XXI, Administrative Adjudication System of the Village Code of the Village of Mount Prospect, Illinois ORDINANCE NO. AN ORDINANCE ESTABLISHING CHAPTER 8, ARTICLE XXI, ADMINISTRATIVE ADJUDICATION SYSTEM, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Illinois Legislature has, pursuant to the Illinois Municipal Code, 65 ILCS 511-2.1-1 et seq., authorized home rule municipalities to provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois constitution, excluding a) proceedings not within the statutory or home rule authority of municipalities; b) any offense under the Illinois Vehicle Code, 625 ILCS 511-100 et seq., or a similar offense that is a traffic regulation governing the movement of vehicles; and c) any reportable offense under Section 6-204 of the Illinois Vehicle Code, 625 ILCS 5/6-204; and WHEREAS, the Village of Mount Prospect is an Illinois Home Rule municipality; and WHEREAS, the Village Board ofthe Village of Mount Prospect is desirous of establishing a system of administrative adjudication pursuant to 65 ILCS 511-2.1-1, et seq., to adjudicate violations of the Mount Prospect Village Code; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, acting in the exercise of their home rule powers: j - j 0-06 COW Cover Mom SECTION 1. CHAPTER 8 OF THE MOUNT PROSPECT VILLAGE CODE, as amended, is further amended by adding a new Article XXI to Chapter 8, which shall be titled ARTICLE XXI, ADMINISTRATIVE ADJUDICATION SYSTEM, to be and read as follows: SECTION 8.2101: CREATION OF ADMINISTRATIVE ADJUDICATION SYSTEM: A. Pursuant to Division 2.1 of the Illinois Municipal Code, 65 ILCS 511-2.1-1, et seq., which authorizes municipalities to implement a system of administrative adjudication, there is created a system of administrative adjudication of charges of Code violations for the Village of Mount Prospect. The system will authorize an Administrative Law Judge to conduct adjudicatory hearings of cases instituted by Village Departments. B. The Village adopts Division 2.1 of the Illinois Municipal Code, 65 ILCS 511-2.1-1, et seq., as it may be amended from time to time. In the event of a conflict between said statutes and this Article, this Article shall prevail. C. The adoption of this Article does not preclude the Village from using other lawful methods to enforce the provisions of this Code. SECTION 8.2102: PURPOSE: The purpose of the Administrative Adjudication System of charges of Code violations is to provide a procedure by which charges of Code violations can be equitably and efficiently adjudicated administratively by an Administrative Law Judge. SECTION 8.2103: JURISDICTION: Those matters subject to the Administrative Adjudication System provided for by this Article are charges of violation of any regulation of the Village of Mount Prospect, so long as the relief sought is not a penalty of incarceration or a total fine in excess of $50,000, excluding allowable costs. The $50,000 limitation shall not apply to those cases brought to enforce the collection of any tax imposed and collected by the Village. SECTION 8.2104: ADMINISTRATIVE HEARINGS SUPERVISOR: There is hereby established the Office of Administrative Hearings. That Office shall be directed by an Administrative Hearings Supervisor, who shall be the Village Manager, or his/her designee. The Administrative Hearings Supervisor's function is to expedite the prosecution and/or correction of Code violations subject to the jurisdiction of the Administrative Adjudication System. The Administrative Hearings Supervisor is authorized to manage the administrative adjudication process in the manner provided for in this Article, which shall include determining the qualifications of Administrative Law Judges, appointing Administrative Law Judges, and establishing such rules and regulations, as may be necessary for the effective operation of the Administrative Adjudication System. The Village Manager may also appoint other persons to assist with the Administrative Adjudication System provided for in this Article. H:\ENV II\Draft\Vacant\Final ] -I 0-06 COW Cover Mom V acant-N uisance.doc SECTION 8.2105: QUALIFICATIONS OF ADMINISTRATIVE LAW JUDGE Prior to conducting administrative adjudication proceedings under this Article, the Administrative Law Judges shall have successfully completed a formal training program that includes the following: a. Instruction on the rules of procedure of the administrative hearings over which the Administrative Law Judges shall preside; b. Orientation to each subject area of the code violations they will adjudicate; c. Observation of administrative hearings; and d. Participation in hypothetical cases, including ruling on evidence and issuing final orders. In addition, an Administrative Law Judge must be an attorney licensed to practice law in the State of Illinois for at least three (3) years, and be in good standing with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. An Administrative Law Judge may not be a resident of the Village of Mount Prospect. SECTION 8.2106: SCOPE OF AUTHORITY OF ADMINISTRATIVE LAW JUDGES: Administrative Law Judges shall preside over adjudicatory hearings. The authority of an Administrative Law Judge shall encompass all acts necessary to conduct fair and impartial adjudicatory hearings, including, but not limited to: A. Hearing testimony and accepting evidence that is relevant to the existence of the code violation. B. Administering oaths and affirmations to witnesses. C. At the request of any party or on the Administrative Law Judge's own motion, issuing subpoenas for the attendance of relevant witnesses and/or the production of relevant books, records, or other information. Subpoena issuance shall be at the discretion of the Administrative Law Judge, where it is determined that the requested witness or document is material to the defense of the allegations and does not constitute a needless presentation and that the elements of the defense sought to be proved could not otherwise be established without the production of the requested evidence. D. Preserving the record of the hearing, including all exhibits and evidence admitted into the record at the hearing. E. Issuing a determination based upon a review of the notice of violation, citation, other charging document (hereinafter, "charging document") and on the evidence admitted, which determination shall be final for purposes of judicial review under the Illinois Administrative Review Act. The determination shall be in writing, shall be signed by the Administrative Law Judge, shall be designated as findings(s), decision, and order, and shall include the fine, penalty or action with which the respondent must comply. F. Upon finding a respondent liable for violating one or more charged Code provisions: H:\ENVI-l\DraliWacan[\Final 1 0-06 CO\V Cover Mem Vacc1l1t-Nuisancc.doc (1) Imposing penalties as provided by the governing penalty provision, except, however, that in no event shall an Administrative Law Judge have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, excluding allowable costs. When applicable, each day a Code provision is found to have been violated by the respondent shall constitute a separate offense, and each separate offense subjects the respondent to the penalty provided by the governing penalty provision. (2) Imposing, in addition to fines, administrative and/or enforcement costs and, when applicable, imposing costs incurred by the Village for effecting compliance with Code provision(s) for which a respondent has been found liable. (3) Ordering, notwithstanding fines imposed or costs assessed, the respondent to comply with Code provision(s) found to have been violated, and, if appropriate, ordering the respondent to post a compliance bond as provided by Section 8.21l1(B)(1) (4) Ordering, regardless of fines imposed or costs assessed, the respondent to perform a term of community service. G. Adhering to the policies, procedures, and legislation set forth in the Village Code, except where discretion is specifically vested in the Administrative Law Judge. However, an Administrative Law Judge is authorized to waive the fine and/or costs that otherwise would be imposed upon finding a respondent liable for one or more Code violations when the Administrative Law Judge specifically finds as a matter of fact that the violation(s) occurred under such circumstances that, as a reasonable person, would constitute an excuse for the violation(s). H. Asking questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record. 1. Regulating the course of the hearing in accordance with this Article, the rules adopted by the Administrative Hearings Supervisor for the conduct of administrative hearings, and other applicable law. J. Hearings on appeals from the orders of the Director of Community Development as provided in Section _ of the Village Code. SECTION 8.2107: ADMINISTRATIVE HEARINGS: A. All administrative hearings conducted by an Administrative Law Judge are open to the public and shall be presided over by a duly appointed Administrative Law Judge who is charged with providing the parties a full and fair opportunity to be heard. B. The Village shall not be represented by an employee or other representative of the Office of Administrative Hearings. However, documentary evidence, prepared by another Department of the Village and submitted to the Administrative Law Judge, may be presented at the hearing by the Administrative Hearing Supervisor. C. All administrative hearings shall be conducted on the date set for hearing. In rare instances and for good cause shown, a continuance may be granted at the discretion of the Administrative Law Judge. The purpose of administrative hearings is to provide a prompt II:\ENVII\Dralt\Vacant\Final 1-10-06 COW Cover MerYl Vacant-Nuisancc.doc resolution of alleged Code violations. Accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than two (2) months. D. The Administrative Law Judge may issue subpoenas. E. The formal and technical rules of evidence may be waived in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs; F. The Administrative Law Judge shall permit persons to contest the merits of an alleged vehicular violation subject to the administrative adjudication procedures of this Article without attending a hearing. Any person, who wishes to contest a vehicular violation, must file a notarized statement of facts specifying grounds for contesting the violation notice, which must be filed with the Office of Administrative Hearings, postmarked within ten (10) days of the issuance of the notice of violation. The request shall be deemed filed, if postmarked by such due date. The submission of a notarized statement of facts is a waiver of the person's right to a personal appearance and the Administrative Law Judge will make his/her decision based upon the notarized statement of facts submitted by the person and the facts contained in the notice ofviolation(s). G. No violation may be established except upon proof by a preponderance of the evidence. However, the original or a legible copy of the charging document, issued in accordance with the applicable provisions of this Code, shall be prima facie evidence of the correctness of the facts specified in the document. H. The Administrative Hearings Supervisor shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means. Recording by any means by any member of the public is prohibited unless expressly authorized by the Administrative Hearings Supervisor. The record of all hearings before an Administrative Law Judge shall include a copy of the findings, decision, and order of the Administrative Law Judge's final determination. I. At the conclusion of a hearing, the Administrative Law Judge shall issue his/her final determination. If the Administrative Law Judge issues a final determination of liability, he or she may impose fines, assess costs, and make orders, all as provided by Section 8.2106(F), and as are consistent with the specific Code provision(s) found to have been violated. J. At the conclusion of the hearing, the Administrative Law Judge shall inform the parties orally and in writing of his determination. Such determination shall constitute a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act. Based on the charging document and the evidence admitted, the Administrative Law Judge may issue the following determinations: liable, not liable, or liable upon a plea of no contest. The Administrative Law Judge also may dismiss the case with or without prejudice or grant a properly made motion by the Village voluntarily dismissing the case. ] -I 0-06 CoverM em V acant-N uisance.doc SECTION 8.2108: PROCEDURE: All matters to be adjudicated by the Administrative Law Judge shall be commenced against the party alleged to have violated one or more Code provisions by issuing and serving upon that party a charging document and shall be conducted in accordance with the following procedures: A. The charging document shall be issued by a Village officer or employee authorized to exercise Code enforcement authority and served as provided for in Section 8.2108(C). B. (1) Any charging document issued pursuant to this Section 8.2108 shall contain the following information: (a) The name; Village Department; position; and identification number, if applicable, of the person issuing the charging document; (b) The name and address of the person or entity being charged with one or more Code violations ("respondent"); (c) The name and address of the person to whom the charging document is given if that person is not the respondent; (d) The section(s) of the Code alleged to have been violated; (e) The date, time, and place of the alleged violation(s); (f) A legally sufficient description of the activity or conduct alleged to constitute a violation of each Code section set forth in the charging document or a legally sufficient description of the facts giving rise to the allegations set forth in the charging document; (g) The complainant's name if the complainant is not the issuing Village officer or employee. The Village officer or employee shall certify the correctness of the information required by this Subsection 8.21 08(B)(1) by signing his/her name to the charging document to be issued. Compliance with this Subsection 8.2108(B)(I) shall establish aprimafaGie case. (2) A charging document issued pursuant to Subsection 8.21 08(B)(1) also shall set forth (a) the date, time and place of the adjudicatory hearing to be held with respect to the violation(s) alleged in the charging document and (b) the legal authority and jurisdiction under which the hearing will be held. 11:\ENVrf\DraH\VaCllnt\Finall-JO-06 COW Cover Mem Vac2mt-Nuisilnce,doc C. (1) The hearing shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, the respondent shall have at least 15 days after service of process to prepare for a hearing if requested by the respondent. For purposes of this subsection, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety or welfare. (2) The respondent named in a charging document shall be given notice of the date of the adjudicatory hearing which may appear on the face of the notice of violation, citation, or other charging document. Notice of the hearing date may be given in any of the following ways: (i) by first class mail or by overnight or two-day commercial delivery service at the respondent's last known address or if the respondent is a business entity, at any address identified for its registered agent or at its principal place of business; or, (ii) by personal service, (iii) by posting upon the property that is the site of the alleged violation(s) when the respondent is the owner or person in control of the property, or (iv) by any other means permitted by law for service of civil summons. (3) If service is provided by first class mail or by overnight or two-day commercial delivery service, the IS-day period shall begin to run on the day that the notice is deposited in the mail or given to the commercial delivery service, as applicable. D. The original or a legible copy of the notice of violation, citation, or other charging document shall be filed with the Office of Administrative Hearings as soon as practicable at the place and in the manner as the Administrative Hearings Supervisor directs. Upon receiving the original or legible copy of the charging document, the Administrative Hearings Supervisor shall select a hearing date and give respondent notice of the date, time, and place of the hearing in the manner set forth in Subsection 8.2108(C), unless the charging document sets forth the date, time, and location of the hearing and was served on the respondent as provided in Subsection 8.2108(C)(2). E. Parties to an adjudicatory hearing may be represented by an attorney, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Law Judge to issue subpoenas according to the authority granted in Section 8.2106, paragraph C. SECTION 8.2109: REPRESENTATION AT HEARINGS: A. Village Representation: The case for the Village may be presented by a Village employee, or by an attorney designated by the Village Attorney, but not by an employee or other representative of the Office of Administrative Hearings except as allowed by Section 8.2107(B). B. Respondent Representation: The case for the respondent may be presented by the respondent or by an attorney or agent of the respondent. An attorney or agent appearing at an adjudicatory hearing on behalf of a respondent shall present the Administrative Law Judge with a signed appearance form stating, on oath or affirmation, that he or she has been authorized by the respondent to represent the respondent at the hearing. SECTION 8.2110: DEFAULT: A. If at the time set for hearing, the respondent, or his/her attorney or agent of record, fails to appear, the Administrative Law Judge may enter a default judgment of liability against the respondent and impose fines and assess costs. A copy of the order of default shall be served in any manner permitted by this Article and applicable to the violation. The order shall advise the respondent of the procedure for setting aside the default judgment and shall also apprise the respondent of the H:\I~:N VI I\Draft\Vacant\Fina! 1-10-06 Cover Mem Vacant-Nulsance.doc availability of an appeal of the default judgment to the Circuit Court of Cook County. The default judgment shall be mailed promptly to the respondent as provided by Section 8.2 1 08(C)(l). The default judgment constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act. B. A respondent against whom a default judgment has been entered may file a motion with the Office of Administrative Hearings to set aside the default judgment and request a new hearing. A motion to set aside a default judgment may be filed at any time if the respondent alleges lack of subject matter or personal jurisdiction. In all other cases, the motion must be filed within 21 days of entry of the default judgment. A motion to set aside a default judgment shall set forth the reason(s) the respondent failed to appear on the original hearing date. The Administrative Law Judge shall hear and rule on the motion. If the Administrative Law Judge grants the motion, a hearing will be held immediately on the alleged Code violation(s) set forth in charging document unless the respondent requests another hearing date and presents good cause for continuing the hearing. C. If any default judgment is set aside pursuant to this Section 8.2110, the Administrative Law Judge shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default judgment. SECTION 8.2111 FINES; COMPLIANCE BOND: A. All fines and other payments must be made within ten (10) calendar days. B. If the Administrative Law Judge issues an order of compliance, the Administrative Law Judge may order the respondent to post either a cash or other security bond to ensure respondent's timely compliance. Any non cash security bond shall name the Village as beneficiary and shall be in the amount specified by the Administrative Law Judge. Any bond issued as a result of an Administrative Law Judge's order is subject to review and approval by the Village Manager. If the respondent fails to timely remedy the Code violation(s) for which a bond has been issued and the Village undertakes remediation or otherwise expends funds related to the Code violation(s), the Administrative Law Judge, after giving the parties notice and opportunity to be heard, may issue an order permitting the Village to draw against the bond in an appropriate amount. The Administrative Law Judge shall order the bond amount, less the reasonable costs incurred by the Village, returned to the respondent upon proof of compliance. Upon failure to achieve compliance, the Administrative Law Judge shall, upon written petition of the Village, increase the assessed fine by 10% for each day beyond the original compliance date that compliance has not been achieved. C. Nothing in this Article shall prevent the Director from issuing citations which are payable to the Village without a hearing. However, in such instances the fine may not exceed the amount set forth in Division III of Appendix A. SECTION 8.2112: ENFORCEMENT OF ADMINISTRATIVE LAW JUDGE'S ORDER: A. Any fine and any administrative, enforcement, or compliance costs imposed by an Administrative Law Judge's order that remain unpaid after the exhaustion of, or the failure to exhaust, H :\EN Vlr.Drafl\V acam\Finai i ~ J O~06 CO W Cover Mem Vacant-N uisancc,doc judicial review procedures, unless stayed by a court of competent jurisdiction, shall be a debt due and owing the Village and may be collected in accordance with applicable law. B. After the expiration of the period for which judicial review may be sought, unless stayed by a court of competent jurisdiction, the determination of liability of an Administrative Law Judge may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. At such time, the Administrative Hearings Supervisor shall send a notice of final determination of liability to respondent. C. Any fine, penalty, and/or cost remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the Village. Failure of the respondent to pay such fine or penalty within fourteen (14) days of the notice may result in a lien against the respondent's property (and foreclosure of such a lien) or such other remedies as may be available by law, including the denial of the issuance or renewal of licenses or permits pursuant to Article XXII of this Chapter 8. D. In any case in which a respondent fails to comply with an Administrative Law Judge's order to correct a Code violation, any expenses incurred by the Village to enforce the Administrative Law Judge's order, including but not limited to attorney's fees, court costs and costs related to property demolition or foreclosure, shall be a debt due and owing the Village. Prior to any expenses being fixed by an Administrative Law Judge pursuant to this Subsection 8.2112(D), the respondent shall be provided with notice that directs the respondent to appear at a hearing before an Administrative Law Judge to determine whether the respondent has failed to comply with the Administrative Law Judge's order. The notice shall set the place and the time for the hearing, which shall not be less than seven days from the date the notice is served. Notice may be served by first class mail or by an overnight or 2-day commercial delivery service and the seven-day period shall begin to run on the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. E. Nothing in this Section shall prevent the Village from enforcing or seeking to enforce any order of an Administrative Law Judge in any manner provided by law. SECTION 8.2113: ELECTION OF REMEDIES: In no case may an Administrative Law Judge conduct an adjudicatory hearing for an alleged Code violation where the remedy is a punishment of imprisonment. Nothing in this Article, however, shall preclude the Village from petitioning a court of competent jurisdiction to adjudicate any ordinance violation or an ordinance violation, which provides the remedy of imprisonment, or from petitioning a court of competent jurisdiction to impose the remedy of imprisonment for failure to comply with an order of an Administrative Law Judge. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: 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: li:\ENVli\DraH\Vacant\Final 1-10-06 COW Cover Mem Vac2mt-Nuisancc.doc NAYS: ABSENT: PASSED and APPROVED this _ day of ,2006. Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk Ii :\EN VI j\Draft\ Vacant\Final 1-10-06 Cover Mcm Vacant-Nuisancc.doc MEMORANDUM Village of Mount Prospect Community Development Department - Building Division TO: MICHAEL E. JANONIS, VILLAGE MANAGEMENT FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 6, 2006 SUBJECT: RECOMMENDA nONS FOR CHANGES IN BUILDING DIVISION OPERA nON At the September 27th Committee of the Whole meeting a variety of items were presented for Village Board consideration, each proposed with the goal of increasing Community Development Department efficiency, covering Village expenses, and/or reducing construction related nuisances throughout the community. This memorandum provides the additional information requested by the Village Board regarding these four proposals (which are most directly related to the Building Division): o Requiring Architectural Drawings on Home Improvement Projects o Requiring a Test for Homeowners acting as General Contractor o Increasing Re-inspection Fees o Instituting the Building Permit as a legal and binding contract Building Commissioner Bill George surveyed neighboring Municipalities on these items above. Exhibit 1 compares requirements for stamped architecture plans, testing of general contractors, reinspection fees, and contractor license fees. Requiring Architectural Drawings on Home Improvement Projects Projects commencing without benefit of the planning by a licensed architect have potential to create several difficulties: 1. Additional time is needed to review and approve plans. 2. Increased field changes create additional inspections, delaying completion. 3. Proposed construction creates questionable changes to the systems of the building, requiring a letter from the component manufacturer that occupant safety is not at risk and the designed engineering of component has not been compromised. At the September 2005 meeting Building Commissioner Bill George noted that based on his 22 years of plan review experience, the amount of time we need to review plans not drawn by an architect is approximately twice what is needed to review architect-drawn plans. This is due to lack of standardized symbols and plans legend, and knowledge of what detail is required within the plan. Architect-drawn plans have a title sheet containing applicable Village Codes and legends showing, for example, symbols for lighting fixtures, type of receptacles, proper spacing etc. With non-architectural plans, Village Plan Reviewers have to itemize Village requirements, or reject the plans with a laundry list of corrections to be made. This includes plumbing, electrical, mechanical, and structural requirements. Listed below are errors commonly made when plans are not drawn by an architect: 1. Incorrect ingress/egress and lack of proper documentation 2. Incorrect spans of: girders, rafters and joists Permit Process Changes proposed by Building Division January 10,2006 COW 3. Inadequate size of footings/foundations 4. Inadequate placement of reinforcing bar used in the place of concrete footings/foundations 5. Lack of plumbing isometrics and fixture count - insufficient documentation supplied to determine if an upgrade is needed to the existing water service 6. Lack of sanitary drainage and venting information 7. Improper electrical symbols used (slows down review process) 8. No legend of electrical symbols used 9. No notation on the type of fixtures used in enclosed spaces such as closets and crawl spaces 10. GFCI's not noted 11. Fan rated electrical boxes not noted or used 12. Lack of mechanical equipment information which could determine if the current HV AC system is sufficient to service an addition (size, placement of supply and return) 13. No gas piping to mechanical systems 14. Incorrect or no calculation of percentage (%) of addition increase (needed to determine if a sprinkler system is required) 15. Changes to existing grade not shown 16. Proper discharge of sumps and down spouts not noted Construction components are engineered to withstand certain weight loads and survive certain climate conditions. Our greatest concern is that the proposed construction will maintain the integrity of these interrelated systems which comprise a residential home: 1. Framing/Structural (energy efficiency, access/egress, floor weight loads, roof) 2. Electric (lighting/receptacles) 3. Plumbing (water) 4. Sanitary sewer 5. MechanicalIHV AC (supply/returns/makeup air) Any proposed construction that triggers a systems change within a structure could affect the integrity of a building and thereby affect the health and safety of the occupants. For example, we have seen holes cut into joists to allow for HV AC piping. When a situation like this is found, work is stopped and the homeowner must obtain a letter from the component manufacturing stating their use of the product is within the limits for which the product was designed and will not compromise the structural integrity of the building. This then creates additional inspection and review time by Village staff. At the September 23rd COW meeting, staff recommended that a $10,000 construction cost threshold be set, with projects of greater construction value requiring an architectural stamp. The Committee asked if $1 0,000.00 cost valuation is too low especially when it pertains to kitchen or bathroom remodels where material costs can be very high. This is a valid point. Installing expensive cabinets and fixtures are an aesthetic improvement to the home, but may not alter the functional systems of the home. Discussion was held at that meeting regarding the $10,000 threshold and possibly relating that to the labor portion of the construction project, not the materials. Regardless of any dollar amount, staffs ultimate goal is to ensure the integrity of the existing systems within the home. Since extension (expansion to serve more living space) of these systems holds the greatest potential for problems during the review, construction, and inspection phases, Staff requests that Village Code be amended to allow the Building Commissioner to require architectural stamped drawings on projects extending the five (5) building systems (noted above) beyond their current capacity. A $10,000 threshold will serve as a trigger for review of the project. The proposed Text Amendment is attached as Exhibit 2. Testing Homeowners wishing to act as their own General Contractor All contractors working in Mount Prospect are required to maintain a current Contractor License. The license is a protection to the homeowner as the Village requires proof of insurance and can monitor for problem contractors (pulling the license if so). Homeowners have the ability to work on their homes without obtaining a contractor license. Staffs concern is for future owners of the properties. Of the 37 tear down/new single family residences H:\BUH..\l).27-05 cow - 9 9-27 on 1-.lO-06.do(' 2 of 12 Permit Process Changes proposed by Building Division January 10,2006 COW which occurred in 2005, 13 of the properties had the owner serving as the general contractor. Projects commencing with the homeowner acting as General Contractor have potential to create several problems: 1. Poor quality workmanship 2. Unintended changes to the systems of the building (such as excessive electric junction boxes, improperly joining of pipes, HV AC elements cut into joist system) 3. Additional inspections needed when work is not to code 4. Additional staff time needed when homeowner requests help in designing project Administering a test would be unique as we are only aware of one area Municipality testing General Contractors; the Highland Park licensing requirements are attached to this memo as Exhibit 3. Park Ridge requires that the homeowner sign a form guaranteeing that he/she will personally be doing each of the trades, as listed, when acting as his/her own General Contractor (Exhibit 4). While this is another avenue to address homeowners doing their own work, we are recommending the GC test, as the test is written to determine ifthe homeowner is capable of completing the project. This test would be open book with the applicant able to bring in a copy of all the current building codes utilized by the Village. The proposed test was written by Building Division staff as an educational document; input for the questions was received for all trades. The test includes code provisions specific to Mount Prospect as well as general construction questions. Exhibit 5 is a proposed Text Amendment requiring Homeowners to pass a General Contractor test in lieu of licensing. Reinspection Fees The Village has historically kept inspection and reinspect ion fees very low. On average, a half hour of an inspector's time is blocked out with more extensive inspections being booked for additional time. At $25 per inspection the attached survey shows we are lower than neighboring towns. With such a low cost there is less incentive for the contractor to complete the job right the first time when they can utilize the Village to come out to generate the "punch list" for the job. Raising re-inspection fees would deter this type of activity. Staff recommends that: 1. The first re-inspection fee be raised to $50 to cover Village cost. 2. An escalating fee scale be created for additional inspections at an additional $25 for each (first inspection $25, first re-inspection $50, next $75, next $100 and so forth) Exhibit 6 is a Text Amendment increasing Reinspection fees. Building Permit as Legal and Binding Contract At the September meeting the proposal was made that the Building Permit be considered a legal contract. By accepting a building permit, the property owner acknowledges the obligation to meet all Village Codes. This includes both building and property maintenance codes; the goal is to limit construction externalities to neighboring properties. The Village Attorney has provided language for a text amendment. It is found in Exhibit 7. Summary Staff requests Village Board consideration and action on four text amendments, presented in this document as Exhibits 2, 5, 6, and 7. Recommendation is appr v r.ach.< illiam J. Coo ey, AICP Director of Community Development IJ:\BUILW-27-0S emv 9 9-27 COW on l-lCJ-(l6.doc Page 3 (if! 2 Permit Process Changes proposed by Building Division January 10,2006 COW EXHIBIT 1 VoMP Survey September 2005 Municipality Are Architectural Test for General Reinspection Contractors Plans Reauired Contractors? Fees License Fee Des Plaines Yes projects over $10,000.00 No $33.00 $50.00 Arlington Heights Yes projects over $5,000.00 No $35.00 $100.00 Prospect Heights Yes, Except for Accessorv Bldg. No $50.00 $25.00 Wheeling Yes, Except for Accessorv Bldg. No $60.00 $0.00 Palatine Building Official Determines No $44.00 $176.00 Buffalo Grove Yes, Except for $50.00 per Accessory Bldg. No hour $50.00 Glenview Yes, Except for Accessorv BId!!. No $50.00 $50.00 Hoffman Estates No No $50.00 $100.00 Schaumburg Yes projects over $10,000.00 No $60.00 $100.00 Park Ridge Yes, Except for Include with Accessory Bldg. No permit $50.00 Bartlett Yes, Except for Accessorv Bldg. No $60.00 $100.00 Highland Park Yes, Except for Yes, $100.00 test Accessorv Bldg. fee $60.00 $100.00 Mount Prospect No No $25.00 $35.00 cow - 9 9-27 COW on 1-!(l-06.doc 4 uf 12 Permit Process Changes proposed by Building Division January 10,2006 COW EXHIBIT 2 Text Amendment to Require Architectural Stamp (prepared by Village Auorney) Current Text: Section 21.203 (D) 3 3. Plans and specifications must be signed and sealed by a licensed architect or structural engineer as provided in an act to provide for the licensing of architects and to regulate the practice of architecture as a profession and to repeal certain acts therein named, approved June 24, 1919, or as amended, commonly known as the Illinois architectural act and in an act to revise the law in relation to the regulation of the practice of structural engineering, approved June 24, 1919, as amended. Proposed Text: Section 21.203 (D) 3 Requirement of an Architectural Stamp. No building permit application shall be accepted or processed for a residential construction project (where the Director, in his or her reasonable judgment, determines that the project will cost in excess of$10,000.00 and will significantly expand the functional systems of the structure: framing, electric, plumbing, sanitary sewer, and mechanical) unless the plans and specifications are signed and sealed by an Illinois licensed architect or structural engineer. (Illinois Architectural Practice Act of 1989 is included below to illustrate the Village has the right to require the Architectural Stamp) (225 ILeS 305/) Illinois Architecture Practice Act of 1989. (225 ILCS 305/3) (from Ch. 111, par. 1303) The involvement of a licensed architect is not required for the following: A) The building, remodeling or repairing of any building or other structure outside of the corporate limits of any city or village, where such building or structure is to be, or is used for farm purposes, or for the purposes of outbuildings or auxiliary buildings in connection with such farm premises. B) The construction, remodeling or repairing ofa detached single family residence on a single lot. C) The construction, remodeling or repairing ofa two-family residence of wood frame construction on a single lot, not more than two stories and basement in height. D) Interior design services for buildings which do not involve life safety or structural changes. However, when an ordinance of a unit of local government requires the involvement of a licensed architect for any buildings included in the preceding paragraphs (A) through (D), the requirements of this Act shall apply. All buildings not included in the preceding paragraphs (A) through (D), including multi-family buildings and buildings previously exempt from the involvement of a licensed architect under those paragraphs but subsequently non-exempt due to a change in occupancy or use, are subject to the requirements of this Act. Interior alterations which result in life safety or structural changes of the building are subject to the requirements of this Act. (Source: P.A. 92-16, eff. 6-28-01; 93-1009, eff. 1-1-05.) IL\9~27~()5 COW - 9 9-27 COW on 1- I ().06.doc 5 of Permit Process Changes proposed by Building Division January 10,2006 COW EXHIBIT 3 Highland Park General Contractor License Code Sec_ 109.010 Application for License - Testine. (A) Any person, firm or corporation desiring to engage in the business of General Contractor shall apply to the City fora General Contractor's license_ The application form for such license sh.."lllrequire the following information: (1) Name of applicant; (2) """bether the applicant is an individual, a copartnership or a corporation; (3) If an individual, the residence and business address of the applicant; (4) If a copartnership, the name(s), age(s), and address(es) oithe person{s) entitled to share in the profits thereof; (5) If a corporation: (a) The state and date ofincorporation; (b) If incorporated in a state other than the State of Illinois, the date such corporation qualified under the Illinois Business Corporate Act to transact business in Illinois; and (c) The names, addresses, birth dates and social security numbers of all officers and directors; and (6) A statement as to whether the applicant has any ouk-tandingincomplete permits issued by the City or any permit that has been referred to the City's prosecuting attorney for action against the applicant; (1) A statement as to whether the applicant has ever been convicted of a felony and, if so, the nature of the offense and the punishment or penalty assessed therefor; and (8) Evidence that the applicant is covered by liability insurance and the dollar limits of each coverage. (B) No person shall receive such license until he has passed a standardized examination administered and designed by the Building Division_ (1) The examination shall be for the purpose of determining that each licensee is knowledgeable in the business of contracting and financially capable of performing such work and shall be administered to all appll<h"lnts for license at least once per year at a time and place to be established by the Building Division of the City_ (2) Written notice shall be given to all applicants ofthe time and place at which an examination shall be given. 109-2 IL\l)-27-05 COW - 9 9-27 on 1-1 0-06.doc Page 6 of 12 Permit Process Changes proposed by Building Division January 10,2006 COW (3) Persons whose application is made for pm'poses of license renewal shall be exempt from taking the examination required in this Subsection. unless such applicant has not been so examined within the five (5) years preceding such application for renewal. (C) Each applicant for a general contractor license shall submit a bond in the amount of $10,000 and in a form acceptable to the City's Director of Community Development. (Section 109.010(C) added by Ord. 20-04, J.30, p. 59-65, passed 3/8104) Sec. 109.015 Issuance of License. (A) The City may issue tempol'a1'Y licenses to applicants prior to the exanlination required to be administered incompliance with Subsection B of Section 109.010 above, but no such temporary license shall be valid unless the applicant passes said examination when it is next. given. (B) Within thirty (30) days of the receipt of any license application properly filled out on a form designated by the City, accompanied by a certificate of passage of the examination provided to be given in Section 109.010, the City Clerk is authorized hereby to grant or renew any license contemplated under Section 109.005 of this Chapter for lEt maximum one year period of time to any applicant applying therefor upon payment by the applicant of the appropriate fees and/or bond as may be required in this Chapter. (C) Any license issued hereunder shall expire one year from the date upon which such license is issued. Sec. 109.020 License Fee. The fee for a license as a General Contractor sha.ll be the rate set forth in the Annual Fee Resolution, which sum shall be paid by the applicant to the City Collector in ad"ance upon filing the application. (Ord. 35-03, J. 29, p. 134, passed 5/27/03) Sec. 109.025 Revocation or Denial of License. (A) Any such license contemplated under Section 109.005 may be revoked by the City Manager of the City, or any application for issuance or renewal of such license may he refused by the City Clerk of the City, if either determines after notice and hearing: (1) That the application of the applicant or license holder contains any false, fraudulent Dr misleading material statement; or (2) That the applicant or license holder has made any false, fraudulent or misleading material statement, or has been convicted of perpetrating a fraud upon any person, whether or not such fraud was perpetrated in the course of conducting any business in the City, or that the applicant or license holder has committed a felony; or (3) That the applicant or license holder has conducted any acth'ities directly related to his business in the City in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public. (B) Notice of the hearing provided for in Subsection (A) hereinabove shall be given in ,vriting to the applicant or license holder as the case may be. 109-3 cow - 9 9-27 COW on 1-lO-06,doc 7 or Permit Process Changes proposed by Building Division January 10,2006 COW (1) Such notice shall be mailed by certified mail. postage prepaid, return receipt requested, to the applicant or license holder, as the case may be, at his last known address at least five (5) days prior to the date set for heari.ng. The date of such mailing shall be deemed the date of such notice. (2) The applicant or license holder, as the case may he, shall have the right to be represented at such hearing by counsel. (C) .l\ny applicant or license holder, as the case may be. aggrieved by the action of City officials in refusing to issue any license or in revoking any license already issued shall have the right to appeal to the City Council of the City. (1) Such appeal shall be taken by filing \vith the City Clerk of the City \...1thin fourteen (14) days after the action complained of. a written statement fully setting forth the grounds of appeal. (2) The City Council shall set a time an place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Subsection (B)(l) hereinabove. (3) The appellant shall have the right to be represented at such hearing by counsel (4) The decision and order of the City Council on such appeal shall be final and conclusive. (5) No license shall be revoked: (a) During the pendency of an appeal before the City Council, nor (4) The decision and order of the City Council on such appe.al shall be final and. conclusive. (5) No license shall be revoked: (a) During the pendency of an appeal before the City Council, nor (b) \Vhile litigation is pending in any court challenging the City Council's action, nor (c) \Vhile any appeal is pending from any court's action overriding or reversing the City Council's action, nor (d) During the time within which such appeal from a court's action can la",1'ully be taken. Sec. 109.030 Penalty. Any person, firm or corporation that shall engage in the business of General Contractor without first obtaining a hcense as herein provided for, to who shall violate any of the provisions of this Chapter, shall, upon conviction thereof, be fined not less than $50 nor more than $500 for each offense; and a separate and distinct offense shan be deemed t.o be committed every day on which such person, firm or corporation shall continue to operate contrary to the provisions of this Chapter, (Chapter 109 added by Ord. 3-94, J. 21, p. 004-008, passed 1110/94) 109.4 cow - 9 9-27 COW on l-lO-06.doc Page 8 of Permit Process Changes proposed by Building Division January 10, 2006 COW EXHIBIT 4 Park Ridge Contractors License CITY OF PARK RIDGE In order for a homeov.;ner to list himself on the Contractor's List he must guarantee that he personally will be doing each of the trades that he himself for. In order 10 be listed as the homeOWller! contractor: · You must reside in the residence for a period of six (6) months after the final inspections. · You must ensure that the required inspections are scheduled and conducted. · You must take full responsibility for the project and conditions. · If it is found that someone other than yourself is doing the work, tnel:e wiIl be a STOP WORK order issued. I understand the above and agree to abide by these conditions. Applicant Signature Print Nanle Date 11:\BUIL\l)~27.05 cow. ') 9.27 01J 1.lO.06Jloc ') or Permit Process Changes proposed by Building Division January 10, 2006 COW EXHIBIT 5 Text Amendment to Require General Contractor's Test for Homeowners acting as their own G/C. There is currently no text for a General Contractors Test. The following would be added as a new section to Chapter 10 Article III: Section 10.306. General Contractor's Test for Homeowners: (A) Any homeowner who desires to act as his own General Contractor shall first apply to the Village of Mount Prospect for a Contractor's license. The Contractor's application form provided by the Building Division shall be completely filled out. (1) An affidavit from the property owner shall be provided stating that he/she has no outstanding or incomplete open permits with the Village and that he/she has not been referred to the Village Attorney for action against the applicant regarding an open permit. (2) Provide a statement as to whether the applicant is covered by liability insurance and the dollar limits for each coverage. (B) No homeowner/applicant shall receive such license until he/she has passed a standardized examination administered and designed by the Building Division. (1) The examination shall be for the purpose of determining that each homeowner/applicant desiring to be hislher own General Contractor is knowledgeable in the business of contracting and is financially capable of performing such work and shall be administered to all homeowner/applicants at a time and place to be established by the Building Division. (2) Written or verbal notice shall be given to all applicants of the time and place at which the examination shall be given. (3) Test shall be an open book test, and shall be completed within a two (2) hour time limit. Section 10. 307 Issuance of License: (A) Within 10 (ten) days following the receipt of a properly filled out Contractor's application form provided by the Building Division, accompanied by a certificate of passage of the examination, the Building Division is authorized to issue to the homeowner/applicant a General Contractors License. Section 10.308 Revocation of License: (A) Refer to Chapter 10 Article IV Section 10.401 IJ:'J1UlJ)9-27-0:5 COW 9 9-27 on l-IO-06.doc IOuI' I ^~ --~----"----'----'--'-"'~'==':'~""""'=="'''''''''~-1O=='''''''=$f;'="",'''''''''''':'.~,,_~__.___~___._____._.._.~_~_______.__.__ Permit Process Changes proposed by Building Division January 10,2006 COW EXHIBIT 6 Text Amendment to Increase Reinspection Fees Current Text: Section 21.317: REINSPECTION FEES: Division II Fee: $25.00. 21.317: REINSPECTION FEES: Where a reinspection is required to determine compliance with the related codes, a reinspection fee shall be paid. Reinspection fees shall be computed on the basis of ten percent (10%) of the original installation fee with a minimum of ten dollars ($10.00) and a maximum of twenty five dollars ($25.00). (Ord. 5339, 6-17-2003) Proposed Text: Section 21.317: REINSPECTION FEES: Division II First Reinspection: $50.00 Second Reinspection: $75.00 Third Reinspection: $100.00 Fourth Reinspection: $125.00 Fifth Reinspection: $150.00 21.317: REINSPECTON FEES: Where a reinspection is required to determine compliance with the related codes, a reinspection fee shall be paid. A reinspection shall be defined as "an inspection of the same code deficiency done more than once to ensure code compliance". Reinspection fees shall be computed as follows: 1. Initial reinspection fee shall be $50.00 2. Second reinspection fee shall be $75.00 3. Third reinspection fee shall be $100.00 4. Fourth reinspection fee shall be $125.00 5. Fifth reinspection fee shall be $150.00 ~ ') cow on 1- 10-06 "Joe 1 of Permit Process Changes proposed by Building Division January 10, 2006 COW EXHIBIT 7 Text Amendment to Connote Building Permit as Legal Document (prepared by Village Attorney) Section 3: A new paragraph F shall be added to Section 21.204 Issuance of Building Permit, which shall read as follows: F. The acceptance of any permit issued by the Department of Community development shall constitute a legal and binding contract between the Village as one party and the property Owner and the contractor, as joint obliges as the other party. Each permit shall contain language so informing the permit applicant that he or she is entering into a binding contract with the Village that is enforceable in the Circuit Court of Cook County, in both law and equity. '\BUrL\9-27.0S cow. 9 9.27 COW on J -1 (l-06 ,doc 12 of 12 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 6, 2006 SUBJECT: EXTERIOR SIDEY ARD SETBACKS In the last three years, there have been eight requests for exterior side yard setback Variations: two in 2005, two in 2004, and four in 2003. Staff found that seven of the eight requests were for properties zoned RA Single Family Residence. The RA district is the 'smallest' detached single-family district, as it requires a minimum lot size of 6,000 square feet and a minimum lot width of 50-feet. The RA districts are located in three neighborhoods adjacent to downtown and in a fourth neighborhood in the southwest comer of the Village (Exhibit 1). Staff used internal software, PVWeb, to measure the existing setbacks of all properties zoned RA. The attached pages provide a detailed list of the existing setbacks in the RA district (Exhibit 2). Overall, 81% of the existing structures zoned RA encroach into the required 20-foot exterior side yard setback, with the average yard measuring 14.6-feet (Table 2). Therefore, Staff found that a significant number of homes could be expanded into the exterior side yard and still comply with the Village's zoning regulations. Per the nonconforming section of the Zoning Ordinance, most homes, including the second story, could be expanded without going through the Variation process. The actual allowable setback would of course be subject to the existing nonconforming setback so some projects could extend further into the exterior side yard than others. With current trends of second story additions and the increased use of outdoor spaces, we may see an increase in the number of requests for exterior side yard Variations. These requests often occur when residents, who own properties that measure 55' or less in width, seek to improve their property, but find that the 20-foot setback required by the Zoning Ordinance limits their ability. Requests for exterior side yard Variations have ranged from the building of significant additions to construction of an accessory structure (patio) in the required setback. These requests are often difficult to review when neighboring houses and/or structures encroach into the side yard and the homeowner sees their request as an extension of an existing situation. The purpose of this memo is to provide information to the Village Board to help them gain a better understanding of whether current zoning regulations need to be revised to create new regulations to allow building in the exterior side yard or if the current regulations are appropriate and a 20-foot exterior side yard should be maintained for new construction. Existing Zoning Regulations The Village's Zoning Ordinance requires a 20-foot exterior side yard setback for both the R1 and RA districts. The section of the Zoning Ordinance titled "Nonconforming Building, Structures, and Uses," however, allows nonconforming structures to be maintained, repaired, and improved as long as the scope of the nonconformity is not increased. Section 14.402 of the Zoning Ordinance allows for properties 55-feet or less in width to maintain the existing nonconforming side and/or rear yard setback when constructing an addition, as long as the encroachment is no more than 50% of the required setback. However, nothing less than a 10-foot exterior side yard setback would be permitted in the most extreme situation. Additionally, Sections 14.905 & 14.1005 require Exterior Side Yard Setbacks Committee of the Whole Meeting January 10, 2006 Page 2 that no front or exterior side yard of a single-family residence be developed with total impervious surfaces exceeding 45% and 50% respectively in the R1 and RA districts. Considerations for the Village Board Recent P & Z Decisions Table 1 provides a summary of the exterior side yard Variations applied for within the last four years. Of the eight requests received, all were approved by the Planning and Zoning Commission and six were final at that level. The two requests that required Village Board approval were both denied. The P & Z supported the requests when the design of the proposed improvement was aesthetically pleasing and did not have an adverse impact on the neighborhood, the request was minor in nature, or the alternative permitted by Village Code was not reasonable. The Commission reviewed each request on a case-by-case basis. Aesthetics Review vs. Use of Bulk Regulations The primary tool the Village uses to regulate these sideyards is the bulk standards of the Zoning Ordinance. Several neighboring communities have created Architectural Design Guidelines to regulate new construction and additions to single family residences, while other have Commissions that review additions and modifications. In some communities, the Commissioners can even require design changes. In general, this process increases review time and the outcomes are often perceived as subjective and tied to the Commissioners' personal design preferences. While two members of the P & Z are licensed architects, their decisions, by nature of our process, are based solely on application of the zoning code. Staff suggests that if the Village Board decides to revise the Village Code to specifically address additions in the exterior side yard, that the regulations be based on specific setback limitations rather than the design of a home. The Planning Goal of "open and green" The exterior side yard, found only on corner lots, acts as a front yard for many corner lot properties in Mount Prospect. Historically, the Village Board has placed high value on the front yard and has taken steps to ensure it remains "open and green." Only recently has the Village permitted the construction of porches that encroach into the front yard, with the condition that the porch remain unenclosed. The Village Board may therefore want to consider the goal of maintaining an open and green "de-facto" front yard when considering improvements in the exterior side yard. Staff Recommendations After considering 1) the actual zoning cases, 2) regulations used by other communities, and 3) the planning goal of "open and green," Staff has created several options for the Village Board to consider. Modifications to the Zoning Ordinance are possible should the Village Board find special provisions to the exterior side yard appropriate. The proposed changes would be applicable both to additions and tear downs on lots less than 55' wide, regardless of the existing setback. Each modification relates to one of three general types of requests for encroachment in the exterior side yard: 1. Additions to an existing home or a tear down/reconstruction 2. Unenclosed porches 3. Patios 1) Building Footprint As noted, alteration of the building footprint may occur when an addition is constructed or a new structure is built (after tear down of the original). As tear downs require that the new structure meet current Village Code, some people may be encouraged to build additions and maintain nonconforming setbacks, instead of building a new home. Ultimately, people interested in doing a tear down may feel penalized because they cannot maintain the nonconforming setback or match the neighbor's existing nonconforming setback. H:\PLAN\Extcrior Side 2005\Rcviscd 1-10-0(; COW Mcmo exterior sidc Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Page 3 Because 81 % of the existing homes in the RA district already encroach into the required exterior side yard setback the character of these neighborhoods are less uniform than if all had been built at the 20- foot setback. This provides variety and promotes a diverse housing stock. Therefore, Staff recommends no change to the Zoning Ordinance, in relationship to the setback for the building footprint. Pro: homes remain consistent with existing conditions and the characterlfeel of the block, while allowing tear down development at a 20-foot setback, which keeps the greater massing of these new homes back from the street. Con: the existing non-conformity is continued, even ifit is not ideal, i.e. too close to lot line, etc. 2) Unenclosed Porches Porch variations are mainly requested for two reasons: 1) to create an outdoor area for dining and recreation, or 2) as an architectural features to break up the fac;ade and minimize the impact of an addition. Porches, bay windows, or other projecting features are often used as "transitional" elements in a second story addition. The overall intent is to create more livable space, but in a manner that creates a cohesive look to the house. Staff recommends that the Village Board consider provisions to allow unenclosed porches in the required 20- foot exterior side yard as a Conditional Use. In addition, staff recommends that the exterior side yard setback for the unenclosed porches not be less than lO-feet and that the unenclosed porch not extend more than 5' further into the exterior yard than the established setback for the main structure. Currently, petitioners are required to apply for a Variation and show hardship if they want an unenclosed porch in the exterior side yard. In contrast, petitioners must demonstrate that the porch would blend with existing situations, enhance the structure, and benefit the neighborhood to obtain approval for a Conditional Use permit. Pro: consistent with the Village's existing Zoning Code Ordinance for front yard encroachments and formalizes Village policy and previous Planning & Zoning decisions. Con: increases the permissible encroachments into the exterior side yard. 3) Patios At a previous P & Z meeting, Commissioners stated that the Village Code currently limits a homeowner's ability to "use" the exterior side yard since patios and decks are prohibited within the side yard. There was discussion on how a patio or deck located in an exterior side yard, if done properly, could be a positive enhancement within a neighborhood. Several Commission members felt that unscreened patios would be acceptable, as the patio brings life closer to the street and increases a sense of community as neighbors interact with each other. Conversely, this brings externalities closer to the street (toys, noise, etc.) Should the Village Board wish to allow patios to encroach in the sideyard, a determination should be made if screening (through landscape or fencing) would be allowed, or if the patios should remain open and visible from the street. Staff asks the Village Board to consider a Text Amendment that creates provisions, such as a Conditional Use review to allow unscreened patios in the required exterior side yard. Pro: gives homeowners more flexibility in using property by allowing patio in a side yard. Con: takes activities closer to the property line. Summary Any changes to the current ordinance should balance the homeowner's ability to create a residence that fits today's lifestyle, while still maintaining the character of the neighborhood. Limiting the exterior yard to no less than lO-feet and encouraging a design that lessens the look of a solid "mass" in the exterior yard would help to ensure an aesthetically pleasing addition. H:\PLAN\Extcrior Side yard 2005\Rcviscd .1- [0-06 COW Memo exterior 5idc '-""",,,,,,,"'C"P"',"'.C'~~~I"""~"""'.=:'V==='=,",,""R.""'_...,....~.,=,"';.C''''~~'''''''=,==-__''''.,.~~,__,,~.'>W~=.~::,''''''==-==~,~.~~___._~________ Exterior Side Yard Setbacks - Committee of the Whole Meeting January 10,2006 Page 4 With eighty percent (80%) of the existing RA homes already encroaching into the side yard, the current ordinance does allow residents to renovate and expand their homes, continuing some level of nonconformance. The current ordinance has worked well, but providing the homeowner administrative relief through the variance process should they wish to encroach in the exterior side also makes sense. Staff asks the Village Board to: o Maintain the current exterior side yard setback standards for non-conforming structures. o Allow unenclosed porches as a Conditional Use, rather than requiring a Variance with appropriate limitations; and o Consider if patios should be allowed to encroach into the exterior side yard, and if so, if a screening requirement should exist. Guidance on the above matters will ensure the Planning & Zoning Commission reviews exterior side yard Variation requests in a manner that is in keeping with the Village Board's expectations. Please forward this memorandum to the Village Board for consideration at their January 10th Committee of the Whole meeting. Staff will be present at that meeting to further discuss this matter. ~il4.:2bA~cp H:\PLAN\Exterior Side yard 2005\Revisedl-l 0-06 COW Memo - exterior side Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Page 5 Table 1 Exterior Side Yard Variation Requests Past 4 Years Case # Address Request Status Exterior side yard of 100' wide lot - family room addition Existing attached garage had 14' setback; PZ-08-03 312 N. Oak St. requested 20' setback when 25' required Approved - P&Z Final Exterior side yard - construct a 24'x13' patio Denied - VB Final [P&Z in exterior side yard - 3' setback requested recommended approval with PZ-18-03 420 N. Fairview Ave. when 20' required. screening] Exterior side yard - add onto existing non- conforming deck that had a 12'9" setback, new portion would have 15' setback. Variation brought forward because it was a PZ-22-03 300 S. Hi-Lusi deck, not the house. Approved - P&Z Final Exterior side yard of 59'5" wide lot - addition to existing non-conforming house - maintain PZ-34-03 318 S. Hi-Lusi existinq 19'6" exterior setback Approved - P&Z Final Exterior side yard - addition to house 15'2" Approved - P&Z Final; exterior side yard setback requested when required scaling back the PZ-45-04 701 E. Sha-Bonee 20' required 'entrance' to a 5'x8' stoop Exterior side yard - Unenclosed porch have a 16' setback; existing setback 11.84' Variation brought forward due to scope of PZ-17-04 500 S. Pine Street the addition. Approved - P&Z Final Exterior side yard - 6' setback for patio Denied - VB Final [P&Z PZ-32-05 90 E. Milburn which exceeded existing setback recommended approval 5-2] Exterior side yard - unenclosed porch which exceeded the existing setback - 16' and 14' exterior side yard setback requested when PZ-39-05 222 S. Edward 20' required pending; P&Z approved 5-0 No requests in 2002 Side I 0-06 COW Memo. cx1eriur --.-.----~-._~--.-.-"~'"""'~''''''=.=q==~'''''''''''''''~~...=...,'~-~"=."""="-===_'7>\~r",",I.:;;=""".,.'="'.~_"''"'_-',7,.;,rf:'F''''~'!'r.!T~='='"'_''''~~~'~"""""'~I,7;:';""~c:=:=.=".,.._",.",=~,~,_~.__ Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Table 2 EXTERIOR SIDE YARD SETBACKS IN THE RA DISTRICT Page 6 Exterior Side Yard Setbacks in the RA District Village of Mount Prospect SUMMARY Residential Units Residential Units With Exterior Side Yard Setback Under 20 Feet Average Side Yard RA Districts North and East of Downtown 670 543 (81%) 14.57 Exterior Side Yard Setbacks in the RA District North of Downtown (Boundaries: West - Forest; North - Kensington; East - Louis; South - Central) SUMMARY Residential Lots Residential Units Encroaching Within 20 Foot Exterior Side Yard Setback Average Side Yard in this Residential Area 273 246 (90%) 12.88 Exterior Side Yard Setbacks in the RA District East of Downtown (Boundaries: West - Maple; North - Central; East - Mount Prospect; South - Lincoln) SUMMARY Residential Units Residential Units Encroaching Within 20 Foot Exterior Side Yard Setback Average Side Yard in this Residential Area 110 94 (85%) 14.39 Exterior Side Yard Setbacks in the RA District Southwest of Downtown (Boundaries: West - We Go; North - Busse; East - Maple; South - Lonnquist) SUMMARY Residential Units Residential Units Encroaching Within 20 Foot Exterior Side Yard Setback Average Side Yard in this Residential Area 197 156 (79%) 14.92 Exterior Side Yard Setbacks in the RA District South Mount Prospect (Boundaries: West - Tamarack; North - Palm; East - Hickory; South - Cottonwood) SUMMARY Residential Units Residential Units Encroaching Within 20 Foot Exterior Side Yard Setback Average Side Yard in this Residential Area 90 47 (52%) 19.12 Side 2005\Revj~ed 1- 0-06 C:OW - exterior ~id0 Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Page 7 Exhibit 1 North of Downtown Percentage of Units Encroaching Wrthin 20 Foot Exterior Yard Setback: 2461273 (90%) Average Side Yard in this Residential Area: 12,88 East of Downtown Percentage of Units Encroaching Within 20 Foot, Exterter Yard Setback: 94/110 (85%) Average Side Yard in this Residential Area: 14,39 Southwest of Downtown Percentage of Units Encroaching Wrthin 20 Foct Exterior Yard Setback: 156/197 (79%) Average Side Vard in this Residential Area: 14,92 South Mount Prospect Percentage of Units Encroaching Within 20 Foot Exterior Yard Setback: 47190 (52%) ~ N o 0,5 1,5 2 Miles Study Areas: Exterior Side Yard Setbacks Village of Mount Prospect RA - Single Family Districts North of Downtown Southwest of Downtown East of Downtown .. South Mount Prospect Side - 0-06 CO \V - cx1erior ~kk Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Exhibit 2 Exterior Side Yard Setbacks in the RA District Village of Mount Prospect SUMMARY Residential Units Residential Units With Exterior Side Yard Setback Under 20 Feet Average Side Yard RA Districts North and East of Downtown Address Exterior Side Yard 123 N. Emerson 1.00 501 N. Main 1.00 423 N. Emerson 1.00 200 N. Emerson 3.00 510 W. Lonnquist 3.00 24 N. Emerson 4.00 301 N. Emerson 4.00 600 N. Russel 4.00 423 N. Main 4.00 423 N. Maple 4.00 400 N. Elmhurst 4.00 400 N. Maple 4.00 400 N. Elm 4.00 902 E. Evergreen 4.00 1406 S. Cypress 4.00 6 S. Hi Lusi 4.00 301 S. Hi Lusi 4.00 300 S. loka 4.00 518 S. Can Dota 4.00 122 N. Emerson 5.00 201 N. Emerson 5.00 320 N. Pine 5.00 320 N. Wille 5.00 521 N. Prospect Manor 5.00 500 N. Elmhurst 5.00 420 N. Wille 5.00 401 N. Elm 5.00 21 S. Albert 5.00 301 S. Albert 5.00 2 S. George 5.00 5 S. Wa Pella 5.00 100 S. Hi Lusi 5.00 401 S. We Go 5.00 301 S. Main 5.00 23 N. Emerson 6.00 201 N. Maole 6.00 II. Side 1- O-O(i Page 8 670 543 (81%) 14.57 !Vielno - cxlcripl side Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 323 N. Maole 6.00 520 N. Fairview 6.00 401 N. Maole 6.00 401 S. Albert 6.00 223 S. Edward 6.00 123 S. Elmhurst 6.00 226 S. Main 6.00 20 W. Shabo nee 6.00 22 N. Kenilworth 6.00 23 N. Maole 7.00 201 N. Russel 7.00 220 N. Wille 7.00 222 N. Emerson 7.00 300 N. Russel 7.00 301 N. Russel 7.00 301 N. Main 7.00 300 N. Maole 7.00 320 N. Eastwood 7.00 521 N. Fairview 7.00 520 N. Prospect Manor 7.00 523 N. Main 7.00 523 N. Emerson 7.00 421 N. Russel 7.00 422 N. Emerson 7.00 423 N. Elm 7.00 401 N. Russel 7.00 401 N. Wille 7.00 101 S. Louis 7.00 201 S. Albert 7.00 2 S. Louis 7.00 101 S. Hi Lusi 7.00 122 S. Wa Pella 7.00 222 S. Wa Pella 7.00 423 S. Pine 7.00 20 E. Shabo nee 7.00 1110 W. Central 7.00 513 W Henrv 8.00 124 N. Russel 8.00 122 N. Maole 8.00 200 N. William 8.00 222 N. William 8.00 301 N. Elmhurst Av 8.00 301 N. William 8.00 520 N. Eastwood 8.00 521 N. Eastwood 8.00 523 N. Maole 8.00 522 N. Elm 8.00 523 N. Elm 8.00 :\PIJ\N\Exlerior Side 2005\Rnisd 1-1 O-(J(i Page 9 Merno - cx1erior side Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Page 10 500 N. Emerson 8.00 421 N. Elmhurst 8.00 400 N. Pine 8.00 400 N. Wille 8.00 400 N. Main 8.00 200 S. GeorQe 8.00 21 S. Edward 8.00 22 S. William 8.00 100 S. William 8.00 223 S. GeorQe 8.00 224 S. Louis 8.00 101 S. Elm 8.00 223 S. Louis 8.00 121 S. Edward 8.00 1 S. Owen 8.00 303 W. EverQreen 8.00 300 W. Milburn 8.00 223 S. Elmhurst 8.00 222 S. Pine 8.00 400 S. Wille 8.00 610 W. Lonnquist 8.00 2 N. Kenilworth 8.00 1 N. Maple 9.00 100 N. Eastwood 9.00 100 N. Maple 9.00 121 N. Russel 9.00 200 N. Eastwood 9.00 200 N. Pine 9.00 201 N. Main 9.00 221 N. Eastwood 9.00 223 N. Emerson 9.00 300 N. Wille 9.00 500 N. Eastwood 9.00 500 N. Maple 9.00 420 W. Russel 9.00 422 N. Maple 9.00 401 S. GeorQe 9.00 100 S. Edward 9.00 101 S. William 9.00 21 S. School 9.00 1 S. Edward 9.00 300 S. Louis 9.00 301 S. William 9.00 300 S. William 9.00 100 S. Albert 9.00 200 S. Wa Pella 9.00 200 S. loka 9.00 300 S. Pine 9.00 Side 2005\R,~vi~,~d . 0-06 MenlO' c\icrior ,;ide ----~_'_""'.,..".c,..~_'<~.~.~~~~_....,..,_''",.,~.~''''=_,''''''''..,=~...=r="==~"";,""'=7,;==,==,_~","",~,_~___~"",__""""""-=,,,,,,,<,=,,,;.,,,:t==_.,,.,,,,""<",.."",,,..=.,.,~,~.~_____,._ Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 401 S. Pine 9.00 419 S. See Gwun 9.00 422 S. Main 9.00 500 S. Wa Pella 9.00 1 W. Shabonee 9.00 522 S. Elmhurst 9.00 700 S. Candota 9.00 22 N. Maple 10.00 1 E. Henrv 10.00 21 N. Wille 10.00 100 N. Wille 10.00 200 N. Maple 10.00 201 N. Owen 10.00 221 N. F airview 10.00 220 N. Elmhurst Av 10.00 300 N. Elm 10.00 321 N. Russel 10.00 321 N. Pine 10.00 323 N. Main 10.00 322 N. Emerson 10.00 600 N. Eastwood 10.00 521 N. Elmhurst 10.00 500 N. Prospect Manor 10.00 401 N. Eastwood 10.00 401 N. Pine 10.00 401 N. Emerson 10.00 2S. Elm 10.00 900 E. Everareen 10.00 200 S. Edward 10.00 100 S. Elm 10.00 101 S. Maple 10.00 1407 S. Circle 10.00 502 W. Busse 10.00 22 S. Hi Lusi 10.00 200 S. Hi Lusi 10.00 200 S. Elmhurst 10.00 300 S. Hi Lusi 10.00 318 S. Pine 10.00 320 S. Emerson 10.00 601 S. Na Wa Ta 10.00 500 S. Elmhurst 10.00 500 S. Pine 10.00 501 S. Pine 10.00 610 S. Na Wa Ta 10.00 401 W. Man A Wa 10.00 610 S. Elmhurst 10.00 700 S. Elmhurst 10.00 720 S. Elmhurst 10.00 Side 0-06 CO W Page 11 - cx1erior .~ ide -------~-~~~='".~,.~.""""""~~~"-.,.,~.",."''''='"',=.'''=m~.'8'.7'''C''''''7''~'''~'________~_""'r~_~"~_~"____""_'<"___'_"______~____'_ Exterior Side Yard Setbacks Page 12 Committee of the Whole Meeting January 10,2006 121 N. Prosoect Manor 11.00 201 N. Prosoect 11.00 201 N. Elm 11.00 201 N. School 11.00 200 N. Owen 11.00 200 N. Louis 11.00 221 N. Prospect Manot 11.00 223 N. Main 11.00 221 N. Owen 11.00 300 N. Eastwood 11.00 300 N. Emerson 11.00 301 N. Maple 11.00 301 N. Elm 11.00 301 N. Owen 11.00 320 N. Main 11.00 320 N. Elm 11.00 601 N. Eastwood 11.00 522 N. Maple 11.00 501 N. Emerson 11.00 500 N. Elm 11.00 420 N. Fairview 11.00 422 N. Elm 11.00 22 S. Georqe 11.00 21 S. William 11.00 122 S. Georqe 11.00 223 S. Albert 11.00 1 S. William 11.00 325 S. Georae 11.00 903 E. Everareen 11.00 1 S. Maole 11.00 101 S. toka 11.00 122 S. Elmhurst 11.00 301 S. Wa Pella 11.00 301 S. Elmhurst 11.00 319 S. Elmhurst 11.00 319 S. Main 11.00 321 S. Emerson 11.00 501 W. Lincoln 11.00 300 S. Main 11.00 420 S. Emerson 11.00 600 S. Candota 11.00 21 N. Lancaster 11.00 22 N. Wille 12.00 100 N. Fairview 12.00 101 N. Fairview 12.00 121 N. Eastwood 12.00 120 N. Elmhurst 12.00 120 N. Wille 12.00 Side 2005\Rt;vi~,;d - ().06 COW \kmo . exterior Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 201 N. Eastwood 12.00 200 N. Elm 12.00 200 N. School 12.00 220 N. Prosoect Manot 12.00 220 N. Russel 12.00 222 N. Maple 12.00 220 N. Elm 12.00 321 N. Fairview 12.00 600 N. Elmhurst 12.00 521 N. Pine 12.00 520 N. Main 12.00 300 W. Memory 12.00 403 W. Memory 12.00 101 W. Memory 12.00 421 N. Wille 12.00 400 N. Prospect Manor 12.00 401 N. Elmhurst 12.00 400 N. Russel 12.00 324 S. Mount Prosoect 12.00 123 S. Albert 12.00 203 W. Everqreen 12.00 344 W. Milburn 12.00 300 S. Wa Pella 12.00 401 S. Wa Pella 12.00 401 S. Wille 12.00 400 S. Maole 12.00 422 S. Wille 12.00 21 N. Kenilworth 12.00 20 N. Waverlv 12.00 1 N. Lancaster 12.00 101 N. Forest 13.00 600 W. Henry 13.00 101 N. Eastwood 13.00 100 N. Elmhurst 13.00 121 N. Pine 13.00 200 N. Fairview 13.00 200 N. Elmhurst 13.00 200 N. Wille 13.00 201 N. William 13.00 221 N. Elmhurst Av 13.00 221 N. Pine 13.00 221 N. Elm 13.00 300 N. Prosoect Manor 13.00 300 N. School 13.00 300 N. Owen 13.00 601 N. Prosoect Manor 13.00 521 N. Forest 13.00 520 N. Elmhurst 13.00 I. Side Page 13 1-1 O.O(i COy\! MenlO - exlerior Jidt Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Page 14 520 N. Wille 13.00 522 N. Emerson 13.00 500 N. Fairview 13.00 502 W. Memory 13.00 501 N. Elmhurst 13.00 501 N. Maple 13.00 421 N. Pine 13.00 1 W. Memory 13.00 401 N. Forest 13.00 400 N. Eastwood 13.00 201 S. William 13.00 200 S. William 13.00 324 S. Albert 13.00 222 S. William 13.00 400 S. Albert 13.00 101 S. Edward 13.00 2 S. Maple 13.00 1601 W. Willow 13.00 22 S. loka 13.00 100 S. loka 13.00 402 W. Everareen 13.00 201 S. Wa Pella 13.00 201 S. Hi Lusi 13.00 223 S. Hi Lusi 13.00 223 S. Pine 13.00 319 S. Pine 13.00 400 S. See Gwun 13.00 400 S. Emerson 13.00 803 W. Go Wando 13.00 501 S. Na Wa Ta 13.00 309 W. Shabonee 13.00 100 N. Kenilworth 13.00 120 N. Main 14.00 123 N. Main 14.00 201 N. Fairview 14.00 200 N. Prospect Manor 14.00 220 N. Eastwood 14.00 301 N. Eastwood 14.00 600 N. Fairview 14.00 601 N. Fairview 14.00 600 N. Prospect Manor 14.00 601 N. Wille 14.00 520 N. Russel 14.00 521 N. Russel 14.00 421 N. Forest 14.00 421 N. Fairview 14.00 421 N. Prospect Manor 14.00 501 W. Memory 14.00 11:\1'1 "AN\Fxtcrior Side 200S\!{,wi"ed I- 0-06 COW Memo. exterior Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 401 N. Fairview 14.00 300 S. Georqe 14.00 22 S. Edward 14.00 222 S. Mount Prospect 14.00 222 S. Albert 14.00 201 S. Owen 14.00 120 S. Owen 14.00 2 S. School 14.00 700 E. Busse 14.00 1422 S. Hickory 14.00 6 S. Wa Pella 14.00 101 S. Wa Pella 14.00 100 S. Elmhurst 14.00 122 S. loka 14.00 400 S. Wa Pella 14.00 400 S. loka 14.00 603 W. Go Wando 14.00 600 S. Na Wa Ta 14.00 601 S. Candota 14.00 402 W. Council 14.00 700 S. See Gwun 14.00 600 S. Elmhurst 14.00 101 N. Lancaster 14.00 21 N. Pine 15.00 101 N. Emerson 15.00 119 N. Forest 15.00 120 N. Prospect Manor 15.00 201 N. Forest 15.00 220 N. Fairview 15.00 220 N. Main 15.00 223 N. Maple 15.00 219 N. School 15.00 300 N. Pine 15.00 301 N. School 15.00 320 N. Prospect Manor 15.00 320 N. Russel 15.00 321 N. Wille 15.00 601 N. Forest 15.00 601 N. Elmhurst 15.00 600 N. Pine 15.00 601 N. Pine 15.00 520 N. Pine 15.00 521 N. Wille 15.00 501 N. Fairview 15.00 501 N. Russel 15.00 500 N. Wille 15.00 501 N. Wille 15.00 501 N. Elm 15.00 Skk . (l.(J6 CO\V Page 15 . ex ieripJ' Exterior Side Yard Setbacks Page 16 Committee of the Whole Meeting January 10,2006 400 N. Fairview 15.00 201 S. Louis 15.00 222 S. Edward 15.00 300 S. Mount Prospect 15.00 300 S. Edward 15.00 101 S. Georae 15.00 1101 S. Laverane 15.00 1100 S. Busse 15.00 1300 S. Tamarack 15.00 1735 W. Willow 15.00 1601 W. Catalpa 15.00 122 S. Pine 15.00 222 S. Hi Lusi 15.00 400 W. Milburn 15.00 303 S. Candota 15.00 318 S. Hi Lusi 15.00 319 S. Wille 15.00 401 S. loka 15.00 416 S. Can Dota 15.00 523 S. We Go 15.00 500 S. Emerson 15.00 718 S. See Gwun 15.00 100 N. Lancaster 15.00 17 N. Waverlv 15.00 2 N. Lancaster 15.00 101 N. Prospect Manor 16.00 101 N. Main 16.00 120 N. Fairview 16.00 200 N. Russel 16.00 218 N. School 16.00 218 N. Owen 16.00 301 N. Fairview 16.00 301 N. Prospect Manor 16.00 300 N. Main 16.00 300 N. William 16.00 719 N. Forest 16.00 718 N. Fairview 16.00 600 N. Wille 16.00 500 N. Pine 16.00 501 N. Pine 16.00 401 N. Prosoect Manor 16.00 300 S. Albert 16.00 301 S. Louis 16.00 201 S. Edward 16.00 312 E. Everareen 16.00 16 S. Mount Prospect 16.00 100 S. Georae 16.00 2 S. Edward 16.00 Side . O.(J(i CO\,v ---~--~~~--~""~-"~"""=~=~"""':"""~'=._<~'="""",,.,~-,~-~"--, -~."""",=,==-="=.,..,=,,,,,.,,~~..,,=-,,,,.~_.~~-~---_._-,-,_. Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 1 S. Louis 16.00 101 S. Owen 16.00 400 S. Mount ProsDect 16.00 850 E. Lincoln 16.00 222 S. Georae 16.00 1436 S. Chestnut 16.00 1426 S. Redwood 16.00 23 S. loka 16.00 122 S. Hi Lusi 16.00 123 S. Pine 16.00 100 W. Milburn 16.00 221 S. Wille 16.00 101 W. Milburn 16.00 318 S. Wille 16.00 401 S. Hi Lusi 16.00 501 S. We Go 16.00 604 W. Shabonee 16.00 101 W. Shabonee 16.00 1 E. Shabo nee 16.00 700 W. Lonnauist 16.00 100 N. Emerson 17.00 122 N. Eastwood 17.00 120 N. Pine 17.00 201 N. Pine 17.00 300 N. Elmhurst 17.00 321 N. Eastwood 17.00 320 N. Elmhurst 17.00 501 N. Forest 17.00 402 W. Memorv 17.00 2 W. Memorv 17.00 1 S. Albert 17.00 116 S. Mount ProsDect 17.00 301 S. Edward 17.00 223 S. William 17.00 201 S. Georae 17.00 200 S. Louis 17.00 1839 W. Thornwood 17.00 1839 W. Locust 17.00 22 S. Wa Pella 17.00 23 S. Hi Lusi 17.00 123 S. Wa Pella 17.00 123 S. loka 17.00 200 S. Pine 17.00 223 S. Wa Pella 17.00 300 S. Main 17.00 318 S. loka 17.00 400 S. Candota 17.00 500 S. We Go 17.00 I. Side O-O(i COW Page 17 - C'i1erior side Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 501 W. Shabonee 17.00 501 S. Elmhurst 17.00 501 S. Wille 17.00 611 S. Na Wa Ta 17.00 708 W. Lonnquist 17.00 101 N. Kenilowrth 17.00 100 N. Waverly 17.00 101 N. Waverly 17.00 22 N. Lancaster 17.00 101 N. Pine 18.00 100 N. Main 18.00 121 N. Fairview 18.00 220 N. Pine 18.00 420 N. Prospect Manor 18.00 323 S. Edward 18.00 1 S. Georqe 18.00 1 S. Elm 18.00 21 S. Maple 18.00 300 E. Everqreen 18.00 100 S. Louis 18.00 911 E. Central 18.00 1100 S. Oakwood 18.00 1101 S. Sprucewood 18.00 1830 N. Thornwood 18.00 1801 W. Thornwood 18.00 1838 W. Locust 18.00 1800 W. Locust 18.00 1800 W. Willow 18.00 1701 W. Willow 18.00 1301 S. Busse 18.00 1401 W. Willow 18.00 1117 W. Willow 18.00 1728 W. Maqnolia 18.00 1306 S. Robert 18.00 1831 W. Maqnolia 18.00 1701 W. Maqnolia 18.00 1728 W. Pheasant 18.00 1437 S. Birch 18.00 1427 S. Redwood 18.00 1424 S. Circle 18.00 100 S. Wa Pella 18.00 301 S. Pine 18.00 319 S. Wa Pella 18.00 418 S. Na Wa Ta 18.00 420 S. Pine 18.00 500 W. Lonnquist 18.00 1210 W. Central 18.00 20 N. Prosoect Manor 19.00 Side Page 18 Mono - cxl010r sidc~ Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 101 N. Maple 19.00 119 N. Elmhurst 19.00 301 N. Wille 19.00 321 N. Elmhurst 19.00 200 S. Mount Prospect 19.00 22 S. Albert 19.00 908 E. Central 19.00 2 S. Owen 19.00 702 E. Everqreen 19.00 1 S. School 19.00 1831 W. Palm 19.00 1801 W. Palm 19.00 1100 S. Sprucewood 19.00 1838 W. Willow 19.00 1126 S. Laverqne 19.00 1831 W. Willow 19.00 1830 W. Catalpa 19.00 1800 W. Catalpa 19.00 1801 W. Catalpa 19.00 1830 W. Maanolia 19.00 1501 W. Catalpa 19.00 1401 W. Catalpa 19.00 1800 W. Pheasant 19.00 1443 S. Fern 19.00 1421 S. Hickory 19.00 401 S. Candota 19.00 610 S. Candota 19.00 101 N. Wille 20.00 121 N. Wille 20.00 420 N. Elmhurst 20.00 1 N. Edward 20.00 101 S. Albert 20.00 1101 S. Oakwood 20.00 1100 S. Cherrywood 20.00 1800 N. Thornwood 20.00 1801 W. Locust 20.00 1127 S. Laverane 20.00 1124 S. Cherrvwood 20.00 1123 S. Cherrvwood 20.00 1122 S. Sprucewood 20.00 1120 S. Busse 20.00 1700 W. Catalpa 20.00 1606 W. Catalpa 20.00 1831 W. Catalpa 20.00 1800 W. Maanolia 20.00 1507 W. Catalpa 20.00 1407 W. Catalpa 20.00 1801 W. Maqnolia 20.00 Side Page 19 1-10-06 COW Memo. ex1eripr silk Exterior Side Yard Setbacks Page 20 Committee of the Whole Meeting January 10,2006 1830 W. Pheasant 20.00 1700 W. Pheasant 20.00 1409 S. Robert 20.00 1444 S. Fern 20.00 1433 S. Chestnut 20.00 1428 S. Robert 20.00 1425 S. Circle 20.00 1423 S. Cypress 20.00 401 S. Na Wa Ta 20.00 421 S. We Go 20.00 519 S. Na Wa ta 20.00 418 S. loka 20.00 419 S. loka 20.00 500 S. loka 20.00 701 S. Candota 20.00 21 N. Ridqe 21.00 217 N. Forest 21.00 221 N. Russel 21.00 221 N. Wille 21.00 719 N. Fairview 21.00 22 S. Owen 21.00 301 S. Georqe 21.00 22 S. Louis 21.00 1125 S. Oakwood 21.00 1123 S. Sprucewood 21.00 1801 W. Willow 21.00 1732 W. Catalpa 21.00 1701 W. Catalpa 21.00 1700 W. Maqnolia 21.00 1729 W. Maqnolia 21.00 1701 W. Pheasant 21.00 500 S. Na Wa Ta 21.00 518 S. See Gwun 21.00 100 E. Shabonee 21.00 719 N. Prospect Manor 22.00 100 S. Mount Prospect 22.00 602 E. Everqreen 22.00 1731 W. Catalpa 22.00 1607 W. Catalpa 22.00 1445 S. Busse 22.00 1436 S. Birch 22.00 1427 S. Robert 22.00 1422 S. Cypress 22.00 400 S. Na Wa Ta 22.00 420 S. See Gwun 22.00 806 W. Lonnquist 22.00 800 W. Lonnquist 22.00 408 W. Lonnquist 22.00 Side I- O-(J6 COW Memo. Exterior Side Yard Setbacks Committee of the Whole Meeting January 10, 2006 Page 21 301 N. Pine 23.00 718 N. Prospect Manor 23.00 718 N. Eastwood 23.00 318 S. Wa Pella 23.00 319 S. Hi Lusi 23.00 700 S. Na Wa Ta 23.00 308 W. Lonnauist 23.00 719 N. Eastwood 24.00 121 S. Owen 24.00 22 S. Maple 24.00 1513 W. Willow 24.00 301 S. Wille 24.00 319 S. Candota 24.00 615 S. See Gwun 24.00 613 S. Candota 24.00 205 S. Wille 24.00 201 N. Elmhurst 25.00 719 N. Elmhurst 25.00 22 S. Elm 25.00 1101 S. Cherrywood 25.00 802 W. Shabonee 25.00 307 W. Man A Wa 25.00 607 W. Henry 26.00 123 S. Louis 26.00 1410 S. Tamarack 26.00 2 W. Milburn 26.00 803 W. Shabonee 26.00 600 W. Lonnauist 26.00 1200 W. Central 26.00 227 N. William 27.00 21 S. Owen 27.00 1411 S. Robert 27.00 412 S. Wa Pella 27.00 800 W. Shabo nee 27.00 400 W. Council 27.00 519 S. loka 27.00 18 N. Ridae 28.00 718 N. Elmhurst 28.00 719 N. Pine 28.00 500 S. Can Dota 28.00 601 W. Man A Wa 28.00 718 N. Russel 29.00 718 N. Pine 29.00 718 N. Wille 29.00 600 W. Shabo nee 29.00 120 S. William 30.00 600 E. Everareen 30.00 400 S. Georae 30.00 hPI Side 2005\R,;vis(;d - O.O(J COW Memo - ex.lniur Exterior Side Yard Setbacks Committee of the Whole Meeting January 10,2006 Page 22 1412 S. Redwood 30.00 400 W. Lonnquist 31.00 717 N. Russel 33.00 21 S. Georqe 33.00 303 W. Hiawatha 33.00 719 N. Wille 34.00 601 N. Russel 35.00 701 S. See Gwun 35.00 417 S. Na Wa Ta 36.00 319 N. Prospect Manor 42.00 H:\PLA~"\Exterior Side yard 2005\Reviscd ).10-06 COW Memo - exterior side yards.doc Side . 0-06 COW Memo - ex1erior Village of Mount Prospect 112 E. Northwest Highway Mount Prospect. Illinois 60056 Phone 847/870-5656 BOARD OF FIRE AND POLICE COMMISSIONERS MEETING NOTICE TIME: January 10,2006, Tuesday Police & Fire Headquarters 112 E. Northwest Highway Fire Department Conference Room, 2nd Floor 6:00 p.m. DATE: LOCATION: AGENDA I. Approval of Minutes - November 8, 2005 II. Closed Session . Approval of Minutes - November 8,2005 . Personnel III. Police Department Update IV. Discussion on Police Department Oral Interview Questions V. Recruitment Plan Update VI. Fire Department Update VII. Preference Points VIII. Correspondence IX. Other Business MOUNT P~o.~K~<:::l'J39ARD OF FIRE & POLICE COMMISSIONERS r;<~q(;m~ Robert McKillop, Chairman /-3- CJ~ Date VILLAGE CLERK NOTIFIED BY: ~ ~ Ij&&.. ;":',3-6t. Date: /> /h' (",,( '-.. _..,I?1 "....:....x'~ -) I POSTED BY:./ (:/~)t:~(j "?~'5--.~" I - ~ - c..? (f) "- Date ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE SHOULD CONTACT THE POLICE DEPARTMENT AT 112 E. NORTHWEST HIGHWAY, MOUNT PROSPECT. 847870-5656. TDD 847392-1269