HomeMy WebLinkAboutORDINANCE - 2414 - 3/14/1995 - PROPERTY MAINTENANCE CODE AMENDEDORDINANCE NO. 2414
AN ORDINANCE AMENDING ARTICLE F. PROPERTY MAINTENANCE CODE OF
CHAPTER 3 BUILDING ACTIVITY CODE OF TITLE 8 OF THE VILLAGE CODE
WHEREAS, the Village of Elk Grove Village previously adopted
the BOCA National Property Maintenance Code/1990, Third Edition,
which Code supersedes most provisions in the previously adopted
Housing Maintenance and Occupancy Code contained in Chapter 5 of
Title 8 of this Village Code; and
WHEREAS, in light of the above it is necessary to delete Chap-
ter 5 of Title 8 from the Village Code with the exception of cer-
tain retained Sections, which Sections need to be properly trans-
ferred to Article F. of Chapter 3.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook and
DuPage, Illinois as follows:
Section 1: That Chapter 5 Housing Maintenance and Occupancy
Code of Title 8 of the Village Code is hereby deleted in its en-
tirety.
Section 2: That Article F. Property Maintenance Code of Chap-
ter 3 Building Activity Code of Title 8 of the Village Code be and
the same is hereby amended by adding thereto the following:
C. Additions: The following additions are hereby made
to the Property Maintenance Code:
1. Unfit Dwellings
a. Designation of Unfit Dwellings:
(1) Any dwelling or dwelling unit shall be de-
signated as unfit for human habitation when any
of the following defects or conditions are found
and when, in the judgment of the Engineering and
Community Development Department, such defect
creates a hazard to the health, safety or wel-
fare of the occupants or of the public.
(a) Is damaged, decayed, dilapidated, un-
sanitary, unsafe and/or vermin -infested and/or
contains hazardous levels of lead-based paint
or other substance.
(b) Lacks illumination, ventilation and/or
required sanitation facilities.
(c) The general condition of location is
unsanitary, unsafe and/or unhealthful.
(2) Whenever any dwelling or dwelling unit has
been designated as unfit for human habitation,
the Engineering and Community Development Depart-
ment shall placard the dwelling or dwelling unit
indicating it is unfit for human habitation and,
if occupied, shall order such dwelling or dwell-
ing unit vacated within a reasonable time, such
time to be not less than twenty four (24) hours
or more than three (3) days.
(3) No dwelling or dwelling unit which has been
designated as unfit for human habitation, has
been placarded as such and vacated shall be used
again for human habitation until written approval
is secured from the Engineering and Community
Development Department and the placard removed
by the Engineering and Community Development
Department.
(4) The Engineering and Community Development
Department shall rescind the designation as unfit
for human habitation and remove the placard when
the defect or condition upon which such desig-
nation and placard was based has been removed
or eliminated and the dwelling or dwelling unit
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is deemed by the Engineering and Community De-
velopment Department as a safe, sanitary and
fit place for human habitation.
(5) No person shall deface or remove the pla-
card from any dwelling or dwelling unit which
has been designated as unfit for human habita-
tion and has been placarded as such, except as
provided in subsection a(4) above.
(6) Any person affected by any decision of the
Engineering and Community Development Department
or by any designation or placarding of a dwell-
ing or dwelling unit as unfit for human habita-
tion shall be granted a hearing on the matter
before the Engineering and Community Development
Department under the appropriate procedures.
2. Emergencies: Whenever, in the judgment of the
Engineering and Community Development Department,
an emergency exists which requires immediate
action to protect the public health, safety or
welfare, an order may be issued, without a hear-
ing or appeal, directing the owner, occupant,
operator or agent to take such action as is ap-
propriate to correct or abate the emergency.
If circumstances warrant, the Engineering and
Community Development Department may act to cor-
rect or abate the emergency.
D. Additional Enforcement: In addition to the Depart-
ment of Engineering and Community Development, which
Department is primarily responsible for the enforce-
ment of the Property Maintenance Code, the Health
Department of the Village shall be responsible for
enforcing those portions of the Property Maintenance
Code relating to health matters, including, but not
limited to the following:
1. Article 3 -PM -301.1, 301.4, 301.5, 303.5, and
303.6.
2. Article B -PM -800.1 through 800.5 and 802.1 through
802.4.
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Section 3: That this Ordinance shall be in full force and
effect from and after its passage and approval according to law.
PASSED this 14th day of March , 1995.
APPROVED this 14th day of March , 1995.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
ATTEST:
Patricia S. Smith
VILLAGE CLERK
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APPROVED:
Dennis J. Gallitano
VILLAGE PRESIDENT