HomeMy WebLinkAboutOrd 5536 01/17/2006
ORDINANCE NO. 5536
AN ORDINANCE AMENDING CHAPTERS 19, 21, 23 AND APPENDIX A
OF THE VILLAGE CODE OF MOUNT PROSPECT
Passed and approved by
the President and Board of Trustees
the 17TH day of January, 2006
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois,
the 18th day of January, 2006
ORDINANCE NO. 5536
AN ORDINANCE AMENDING
CHAPTERS 19, 21 AND 23 AND APPENDIX A
OF THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS,
PURSUANT TO ITS HOME RULE POWERS:
SECTION 1: Article XIV of Chapter 23, entitled "Plants and Weeds," of
the Village Code of the Village of Mount Prospect, Illinois, shall be deleted in its
entirety, and a new Article XIV, entitled "Nuisance," shall be inserted to be and
read as follows:
ARTICLE XIV
NUISANCE
Sec. 23.1401 Nuisance; Definitions; Prohibition.
A. Definitions.
1. For purposes of this Article, 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 23.1403, 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.
2. For purposes of this Article, the term "weeds" is defined to
include any noxious weed, and all grasses, annual plants and vegetation
in excess of 8 inches (203 mm.), but specifically excluding trees, shrubs
and cultivated flowers and gardens.
3. 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.
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4. Responsible Parly shall include Owners, tenants, occupiers,
property managers and lessees.
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. 23.1402
Parties Responsible for Abatement of Nuisances and for
Maintaining a Nuisance.
Each and every obligation or liability imposed by this Article XIV shall be
the joint and several liability or obligation of every Owner and Responsible Party.
Sec. 23.1403
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 (1/2) 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.
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.
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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. To board up or cover 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.
O. To permit weeds 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. To cause or allow to accumulate soil, litter, debris, plant trimmings,
or trash on vacant lots or other property.
Q. To cause or allow to accumulate used or damaged lumber, junk,
salvage materials; abandoned, discarded or unused furniture; stoves; sinks,
toilets, cabinets, or other fixtures, or equipment to be 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. To cause or allow 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.
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S. To cause or allow dead, decayed, diseased, or hazardous trees,
weeds, hedges, and overgrown or uncultivated vegetation which are in or create
a hazardous condition, are an obstruction to pedestrian or vehicular traffic,
conducive to crime, or are likely to harbor rats, vermin, or other pests.
T. To burn garbage, other than in incinerators approved by the
environmental protection agency of the state;
U. To bury garbage;
V. To cause or allow garbage and/or debris to accumulate for more
than seven (7) days or to attract flies, vermin or rats
Sec. 23.1404
Abatement Procedure.
An abatement action under this section is a remedy cumulative to other
remedies at law and equity. Injunctive relief may be sought to prevent or restrain
violations of this Article. 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 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, which
date shall be the date the notice was mailed or the date the notice was posted,
whichever comes last.
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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. All fees, costs or charges assessed or incurred by the Village shall
be a lien upon the real property. The lien shall be superior to all subsequent liens
and encumbrances. The Director shall file a notice of lien within two (2) years
after such cost and expense is incurred, which notice of lien shall be filed in the
office of the Cook County recorder of deeds.
1. Upon payment of the cost and expense by the Owner or
Responsible Party after notice of lien has been filed, the Village shall
release the lien.
2. The lien may be enforced by proceedings to foreclose as in
case of mortgages or mechanics liens.
Sec. 23.1405
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. 23.1406
Nuisance Fee.
Any person found maintaining a nuisance as set forth in this Article XIV
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 Division II 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.
SECTION 2: Section 23.1803, entitled "DEFINITIONS," of Article XVIII, of
Chapter 23, of the Mount Prospect Village Code, be amended by deleting
"written" from the definition of "Rental Agreement" to be and read as follows:
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RENTAL AGREEMENT: Any agreements and valid rules and regulations
adopted pursuant to agreement under subsection 23.1806B of this Article,
embodying the terms and conditions concerning the use and occupancy of
a specified dwelling unit and premises.
SECTION 3: Subsection A2 of Subsection A, entitled "Terms and
Conditions" of Section 23.1804, entitled "RENTAL AGREEMENTS," of Article
XVIII, of Chapter 23, of the Mount Prospect Village Code, be amended to be and
read as follows:
2. All rental agreements between landlords and tenants, including
renewal rental agreements to the extent not otherwise excepted in
Subsection B of this Section, must be in writing, dated and signed by both
parties with signed copies provided to both at time of signing.
SECTION 4: A new Sub-subsection 3 shall be inserted into Subsection
B, entitled "Effect of Unsigned or Undelivered Agreement," in Section 23.1804,
entitled "RENTAL AGREEMENTS," of Article XVIII, of Chapter 23, of the Mount
Prospect Village Code, to be and read as follows:
3. For delivery of notice, as required in Subsections B 1 and B2 of this
Section, to become effective, delivery must be sent certified mail, receipt
requested, or made by personal service, in which case the landlord or
tenant, as the case may be, delivering the written rental agreement must
request the person receiving the agreement, which may include the
respective landlord, landlord's agent, lessee, or member of the household
over the age of twelve (12), to acknowledge receipt in writing on a
duplicate copy of the agreement. Evidence that the rental agreement was
sent certified mail and signed for or returned without being accepted or
that receipt of the rental agreement was otherwise acknowledged in
writing, as set forth herein, shall create a rebuttable presumption of
delivery.
SECTION 5: Sub-subsection 2 of Subsection D, entitled "Notice of
Nonrenewal of Rental Agreement," in Section 23.1804, entitled "RENTAL
AGREEMENTS," of Article XVIII, of Chapter 23, of the Mount Prospect Village
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Code, shall be deleted in its entirety and a new Sub-section 2 shall be inserted to
be and read as follows:
2. If the landlord fails to give the required written notice, the tenant
may remain in his rental unit on a month-to-month basis under the same
other terms and conditions as the prior term, until such time as the
required thirty (30) days' notice is given and becomes operative as set
forth in the Subsection D1 of this Section. The tenant shall be obligated to
pay rent in a timely fashion. Notwithstanding this provision, a written
renewal rental agreement is required at the end of the lease term unless
the thirty (30) days' notice has been given.
SECTION 6: Sub-subsection 2 of Subsection A, entitled "Security
Deposits or Prepaid Rent," in Section 23.1806, entitled "LANDLORD
OBLIGATIONS," of Article XVIII, of Chapter 23, of the Mount Prospect Village
Code, shall be deleted and a new Sub-Subsection A2 inserted to be and read as
follows:
2. Upon termination of the tenancy, property or money held by the landlord
as security or prepaid rent may be applied to the payment of accrued rent
and to the payment of actual damages, which the landlord has suffered by
reason of the tenant's non-compliance with Section 23.1805 of this Article,
provided the landlord, within thirty (30) days of the date that the tenant has
vacated the rental unit, delivers upon tenant a written notice, which shall
include the reason for retaining the security deposit or portion thereof,
including an itemized statement for any claim of unpaid rent and an
itemized statement of any damages, together with copies of the actual
paid damage, repair or replacement receipts or the estimated cost
therefore, and provided further that the landlord has complied with any
requested walk-through inspection, as provided in subsection A3 of this
Section, and has included, as part of such notice, any inspection check
lists disclosing that the damage in question occurred while the rental
premises were occupied by the tenant. If an estimated cost is given, the
landlord shall furnish the tenant with paid receipts or copies thereof within
thirty (30) days from the date the statement showing an estimated cost
was furnished to the tenant, as required by this Subsection. In the event
no such notice or notices with the required statements, checks lists, and
evidence of estimated costs, if required, is furnished to the tenant as
provided herein, then the landlord shall return the security deposit in full to
the tenant within forty-five (45) days of the date that the tenant vacated the
rental unit. For purposes of this provision, the decorating of a rental unit
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after a tenant's departure, including painting and rug shampooing, shall
not be considered as damage and the cost thereof shall not be charged to
the security deposit unless the rental agreement specifically provides that
painting and rug shampooing are included as a part of the tenant's
cleaning responsibility upon vacating the rental unit.
SECTION 7: Sub-subsection 3 of Subsection A, entitled "Security
Deposits or Prepaid Rent," in Section 23.1806, entitled "LANDLORD
OBLIGATIONS," of Article XVIII, of Chapter 23, of the Mount Prospect Village
Code, shall be deleted and a Sub-subsection A3 shall be inserted to be and read
as follows:
3. Where requested by either party to a rental agreement, a walk-
through inspection shall be made by the landlord and tenant, prior to the
commencement of the rental term and/or again at the termination thereof
and an inspection check list of all damaged or missing items shall be
made at the time of the walk-through inspection and a copy thereof
furnished to each party. Such request shall be in writing, shall be
personally served not less than forty-eight (48) hours, or mailed not less
than five (5) business days before the date of the requested inspection
and such inspections shall be conducted, unless otherwise agreed, on the
landlord's regular business days and during his regular business hours.
Items, which are checked as missing or damaged prior to commencement
of the rental term, shall not be charged against the security deposit of the
tenant. Upon request of the landlord or tenant, a representative of the
Village's Environmental Health Department may accompany the parties on
such walk-through inspections.
Where a walk-through inspection is requested, as provided herein, no
portion of a security deposit shall be applied against damages incurred to
a rental unit, unless the notice of damages required in subsection A2 of
this Section, includes the completed inspection check list(s) showing the
occurrence of such damage during the rental term.
SECTION 8: A new Sub-subsection 4 shall be inserted into Subsection
A, entitled "Security Deposits Or Prepaid Rent," in Section 23.1806, entitled
"LANDLORD OBLIGATIONS," of Article XVIII, of Chapter 23, of the Mount
Prospect Village Code, to be and read as follows:
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4. Landlord's notice of the reasons for retaining the security deposit, as set
forth in Subsection A2, and either party's request for a walk-through
inspection, as set forth in Subsection A3, must be sent certified mail,
receipt requested, or served personally, in which case the party receiving
the request, which may include the respective landlord, landlord's agent,
lessee, or member of the household over the age of twelve (12), must be
requested to sign in receipt thereof on a duplicate copy of the notice or
request. Evidence that the notice or request was sent certified mail and
signed for or otherwise returned, or that receipt of the notice or request
was acknowledged on a duplicate copy, shall create a rebuttable
presumption of delivery.
The remaining Sub-subsections of Subsection A in Section 23.1806 shall be
relettered consecutively.
SECTION 9: Section 19.204 of Article II of Chapter 19 of the Village
Code of the Village of Mount Prospect, Illinois shall be deleted in its entirety and
the following Section 19.204 inserted, to be and read as follows:
Section 19.204
Garbage
A. Animal or Vegetable Matter: All garbage and disposed of animal or
vegetable matter shall be wrapped in paper or in plastic before being placed in
an approved receptacle.
B. Sorting: Pursuant to the Illinois Solid Waste Management Act, 415
ILCS 5/22.22, it is unlawful to dump yard materials (leaves, grass, branches,
etc.,) into a landfill.
1. It is unlawful for any person to mix any yard materials with garbage
and/or debris.
2. Yard materials are to be placed in the approved receptacle, as
described in Subsection 1 9.201.A.2 of this Article.
C. Warning: If yard materials are not separated as required by
subsection 1 9.204(B) of this Article, the materials will be tagged as unacceptable
and refused for pickup. The offending person shall then remove said mixed
garbage and yard materials, separate them into the proper receptacles, and
place them for pickup on the next scheduled pickup date.
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SECTION 10: Section 19.206 of Article II of Chapter 19 of the Village
Code of the Village of Mount Prospect, Illinois shall be deleted in its entirety, and
the following Section 19.206 inserted to be and read as follows:
Section 19.206
Penalty.
Every person found guilty of a violation of any provision of this Article shall
be punished by a fine as setforth in Appendix A, division III, of this code. A
separate violation shall be deemed committed for each day that such violation is
permitted to exist.
SECTION 11: New paragraph (F) shall be added to Section 21.204
Issuance of Buildinq Permit of Chapter 21 "Building Code" of the Village Code of
the Village of Mount Prospect, Illinois, 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 contractor,
as joint obligees as to 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.
SECTION 12: Section 21.317 "Reinspection Fees" to Chapter 21
"Building Code" of the Village Code of the Village of Mount Prospect, Illinois shall
be deleted in its entirety and a new Section 21.317 "Reinspection Fees" shall be
inserted to read as follows:
Sec. 21.317
REINSPECTION FEE.
Where a reinspection is required to determine compliance with the related
codes, a reinspection fee, as setforth in Appendix A, Division II, shall be
paid. A reinspection shall include a second or subsequent inspection of
property for the same code deficiency or violation to ensure code
compliance.
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SECTION 13: 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 ahd 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:
1. Noncomplying structures must promptly be made safe and
secure to protect the public safety and are declared to be a
nuisance subject to the abatement process set forth in this Article.
2. Noncomplying structures are dangerous and unsafe in that
they are extremely vulnerable to fire, flooding, collapse or other
hazards.
3. Noncomplying structures are a blight on their
neighborhoods, cause deterioration and instability in their
neighborhoods and have an adverse impact upon other properties.
4. Structures that were previously used or occupied and have
since become vacant have a significant and detrimental impact on
the local real estate market.
5. 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.
6. Structures that are vacant and unsecured pose serious
threats to the public's health and safety and therefore are public
nuisances.
7. 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
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also necessary to secure the public safety and to ensure and
enhance the vitality and livability of our neighborhoods.
8. 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 and vacant structures.
Sec. 23.2502
Definitions.
The words and phrases used in this section have the following meanings
unless the context clearly indicates otherwise:
1. Director means the Director of the Community Development
of the Village of Mount Prospect or his/her designee.
2. 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.
3. 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.
4. Noncomplying Structure means a structure that has at least
two Code violations, but does not constitute an Immediate Hazard.
5. 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.
6. Responsible Parly shall include Owners, tenants, occupiers,
property managers and lessees.
7. 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.
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8. 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.
9. Substantial rehabilitation means any rehabilitation the cost of
which exceeds fifty (50) percent of the market value of the existing
structure.
10. Vacant Structure means any structure that is:
a. Condemned or declared an immediate hazard;
b. 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);
c. Unoccupied with more than one housing
maintenance, fire or building code violations existing
for thirty (30) days or more;
d. Unoccupied and boarded up for thirty days or more;
or
e. Unoccupied for a period of time over one hundred
eighty (180) days during which an order has been
issued to correct a Code violation.
11. Vacant Structure Maintenance Standards means the
maintenance standards to which Vacant Structures are subject under this Article.
12. Vacant Structure Registration Cerlificate 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.
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All fees, costs and charges assessed or 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 Division II 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").
B. 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. Service shall be effective on the date of mailing or the date
of posting, which ever comes last.
C. 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 of Immediate 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
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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 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
(10) days of obtaining a Vacant Structure Registration Certificate.
C. The Owner of a Vacant Structure shall, within ten (10) 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 of the
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.
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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 of Intent" 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
timeline 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 remain 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 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.
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Sec. 23.2509
Vacant Structure Maintenance Standards; Exceptions.
A. Standards. A Vacant Structure shall be subject to the following
Vacant Structure Maintenance Standards:
1. 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.
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 structure.
3. Orainage: 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.
4. 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.
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 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 supporting the load of
normal use and shall be free from open cracks and breaks, free from leaks
and be rodent 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. Oecorative 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.
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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.
11. Walkways: Walkways shall be safe for pedestrian travel.
12. Accessory and appurlenant 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.
13. 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:
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.
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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.
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 23.2505 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.
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D. All fees, costs, or charges assessed or incurred by the Village
pursuant to this Article shall be a lien upon the real property. The lien shall be
superior to all subsequent liens and encumbrances. The Director shall file a
notice of lien within two (2) years after such cost and expense is incurred, which
notice of lien shall be filed in the office of the Cook County recorder of deeds.
1. Upon payment of the cost and expense by the Owner or
Responsible Party after notice of lien has been filed, the Village shall
release the lien.
2. The lien may be enforced by proceedings to foreclose, as in
case of mortgages or mechanics liens.
E. The Village may seek injunctive relief to prevent or restrain
violations of this Article.
SECTION 14: The text contained in Section 21.317, entitled
"Reinspection Fees," of Division II of Appendix A of the Code of Ordinances of
the Village of Mount Prospect, Illinois, shall be deleted and the following inserted,
to be and read as follows:
First Reinspection:
Second Reinspection:
Third Reinspection:
Fourth Reinspection:
Fifth Reinspection:
$50.00
$75.00
$100.00
$125.00
$150.00
SECTION 15: Division II of Appendix A of the Code of Ordinances of the
Village of Mount Prospect, Illinois, shall be amended to insert the following new
Sections to be and read as follows:
23.2504 Liability Pursuant to this Article; Liens; Nuisance Fee.
Nuisance Fee: $50.00/day
23.2505 Obligations of Owners of Noncomplying Structures.
(C) Nuisance Fee: $50.00/day
23.2507 Obligations of Owners of Vacant or Abandoned Structures.
(A) Vacant Structure Registration Fee: $500.00/year
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SECTION 16: Division III of Appendix A of the Code of Ordinances of the
Village of Mount Prospect, Illinois, shall be amended to insert the following new
section to be and read as follows:
23.2512
Enforcement and Penalties.
(A) Not less than $100/day or more than $1 ,OOO/day
SECTION 17:
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:
Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel
NAYS:
None
ABSENT:
Korn
PASSED and APPROVED this 1 ih day of January, 2006.
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ATTEST:
~'~cl~ PfJ
M. Lisa Angell, Villag~lerk
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