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HomeMy WebLinkAboutORDINANCE - 1201 - 1/24/1978 - HOUSING MAINTENANCE & OCCUPANCY CODEORDINANCE NO. 1201 AN ORDINANCE ADOPTING A HOUSING MAINTENANCE AND OCCUPANCY CODE BY ADDING CHAPTER 16A TO THE MUNICIPAL CODE OF THE VILLAGE OF ELK GROVE VILLAGE. 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 the Municipal Code of the Village of Elk Grove Village be and is hereby amended by adding thereto the following: CHAPTER 16A HOUSING MAINTENANCE AND OCCUPANCY CODE. ARTICLE I - GENERAL PROVISIONS 16A.101 Legislative Finding.) It is hereby found that there exist and may in the future exist, within the Village of Elk Grove Village premises, dwellings, dwelling units, rooming units, or parts thereof, which by reason of their structure, equipment, sanitation, maintenance, use, or occupancy affect or are likely to affect adversely the public health (including and physical, mental, and social well-being of persons and families), safety, and general welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain such levels of residential environ- mental quality as will protect and promote public health, safety, and general welfare, it is further found that the establishment and enforcement of minimum housing standards hereto and after set forth and required. 16A.102 Purposes.) It is hereby declared that the purpose of this ordinance is to protect, preserve and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwellings for the purpose of maintain- ing adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed. It is hereby further declared that the purpose of this ordinance is to insure that the quality of housing is adequate for protection of public health, safety and general welfare, including: Establishment of minimum standards for basic equipment and facilities for light, ventilation, and thermal conditions, for safety from fire and accidents, for the use and location and amount of space for human occupancy, and for an adequate level of maintenance; determination of the -;possibilities of owners, operators and occupants of dwellings; and provision for the administration and enforcement thereof. 16A.103 Scope.) The provisions of this ordinance shall apply uniformly to the maintenance, use and occupancy of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration, repair, equipment, use occupancy and maintenance of all existing residential buildings and structures, within the jurisdiction of Elk Grove Village. 16A.104 Title.) This ordinance shall be known and may be cited as the Housing Maintenance and Occupancy Code of the Village of Elk Grove Village, hereinafter referred to as "this ordinance." ARTICLE II - DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance: 16A.201 ACCESSORY BUILDING OR STRUCTURE shall mean a detached building or structure in a secondary or subordinate capacity from the main or principal structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises. 16A.202 APPROPRIATE AUTHORITY shall mean that person within the govern- mental structure of the corporate unit who is charged with the administra- tion of the appropriate code. 16A.203 APPROVED shall mean approved by the local or state authority having such administrative authority. 16A.204 ASHES shall mean the residue from the burning of combustible materials. 16A.205 ATTIC shall mean any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for business, storage or habitation. 16A.205a HABITABLE ATTIC is an attic which has a stairway as a means of access and egress and in which the ceiling area at the height of 7 1/3 feet above the attic floor is not less than 1/3 the area of the floor next below. 16A.206 BASEMENT shall mean the lowest story of a building, below the main floor and wholly or partially lower than the surface of the ground. 16A.207 BUILDING shall mean a fixed construction with walls, foundation and roof, such as a house, garage, etc. - 2 - 16A.208 BULK CONTAINER shall mean any metal garbage, rubbish, and/or refuse container having a capacity of two (2) cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal. 16A.209 CELLAR shall mean a room or group of rooms totally below the ground level and usually under a building. 16A.210 CENTRAL HEATING SYSTEM shall mean a single system supplying heat to one (1) or more dwelling unit(s). 16A.211 CHIMNEY shall mean a vertical masonry shaft of reinforced concrete, or other approved noncombustible, heat -resisting material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel. 16A.212 DILAPIDATED shall mean no longer adequate for the purpose or use for which it was originally intended. 16A.213 DWELLING shall mean any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating; provided that temporary housing as hereinafter defined shall not be classified as a dwelling. 16A.214 DWELLING UNIT shall mean a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes. 16A.215 EGRESS shall mean an arrangement of exit facilities to assure a safe means of exit from buildings. 16A.215a EMERGENCY EGRESS has a minimum net clear opening of 5.7 square feet - the minimum net clear opening height dimension shall be 24 inches the minimum net clear opening width dimensions shall be 20 inches. 16A.216 EXTERMINATION shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods and materials as approved under the guidelines of the U. S. Environmental Protection Agency and the Illinois Department of Public Health, or conducted by an Illinois certified pest control technician. 16A.217 FAIR MARKET VALUE shall mean a price at which both buyers and sellers are willing to do business. - 3 - 16A.218 FAMILY shall mean one or more persons occupying a premises and living as a single housekeeping unit, wheather or not related to each other by birth, adoption, or marriage, but no unrelated group should consist of more than three persons as distinguished from a group occupying a boarding house, lodging house or motel. 16A.219 FLUSH WATER CLOSET shall mean a toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level. 16A.220 GARBAGE shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food. 16A.221 GRADE shall mean the finished ground level adjacent to a required window. 16A.222 GUEST shall mean an individual who shares a dwelling unit in a non -permanent status for not more than thirty (30) days. 16A.223 HABITABLE ROOM shall mean a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces and workshops. 16A.224 HEALTH DEPARTMENT shall mean the legally designated health authority of the Village of Elk Grove Village or its authorized representatives. 16A.225 HEATED WATER shall mean water heated to a temperature of not less than 120OF at the outlet. 16A.226 HEATING DEVICE shall mean all furnaces, water heaters, fire places, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices. 16A.227 INFESTATION shall mean the presence within or around a dwelling of any insects, rodents, or other pests. 16A.228 KITCHEN shall mean any room used for the storage of foods, preparation of foods and containing the following equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation. 16A.229 KITCHENETTE shall mean a small kitchen or an alcove containing cooking facilities. - 4- 16A.230 LEAD-BASED PAINT shall mean any paint containing more lead than the level established by the U. S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint and paint products. 16A.231 MEANING OF CERTAIN WORDS - Whenever the words "dwelling", "dwelling units", "premises", "structure" are used in the ordinance, they shall be construed as though they were followed by the words "or any part thereof." Words used in the singular include the plural, and the plural the singular, the masculine gender includes the feminine and the feminine the masculine. 16A.232 MULTIPLE DWELLING shall mean any dwelling containing more than two (2) dwelling units. 16A.233 OCCUPANT shall mean any induvidual, over one (1) year of age, living, sleeping, cooking, or eating in or having possession of a dwelling unit or a rooming unit; except that in dwelling units a guest shall not be considered an occupant. 16A.234 OPERATOR shall mean any person who has charge, care, control, or management of a building, or apart thereof, in which dwelling units are let. 16A.235 ORDINARY SUMMER CONDITIONS shall mean a temperature 100F below the highest recorded temperature in the locality for the prior ten (10) year period. 16A.236 ORDINARY WINTER CONDITIONS shall mean a temperature 15OF above the lowest recorded temperature in the locality for the prior ten (10) year period. 16A.237 OWNER shall mean any person who, alone or jointly or severally with others: a. Shall have legal title to any premise, dwelling or dwelling unit, with or without accompanying actual possession thereof, or b. Shall have charge, care, or control of any premise, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance and of rules and regulations adopted pursuant thereto, the same extent as if he were the owner. 16A.238 PERMISSIBLE OCCUPANCY shall mean the maximum number of induviduals permitted to reside in a dwelling unit. - 5 - 16A.239 PERSON shall mean and include any individual, firm, corpora- tion, association, partnership, cooperative or governmental agency. 16A.240 PLUMBING shall mean and include all of the following supplied facilities and equipment; gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar supplied fixtures, and the installation thereof, together with all connections to water, sewer, or gas lines. 16A.241 PREMISES shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon. 16A.242 PRIVACY shall mean the existence of conditions which will permit an individual or individuals to carry out an activity commenced without interruption or interference, either by sight or sound by unwated individuals. 16A.243 PROPERLY CONNECTED shall mean connected in accordance with all applicable code and ordinances of this Village of Elk Grove Village as from time to time enforced; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health. 16A.244 RAT HARBORAGE shall mean any conditions or place where rats can live, nest or seek shelter. 16A.245 RATPROOFING shall mean a form of construction which will prevent the ingress or egress of rats to or from a given space or building, or from gaining access to food, water, or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior.and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods as set forth in the United States Public Health Service Publication: "Control of Domestic Rats and Mice," Pratt, Bjornson S Lettig, July, 1977, HEW Publication N (CDC)77-8 141; and "Rodent -Borne Disease Control through Rodent Stoppage," Scott and Borom, USPHS Reprint 1976. 16A.246 REFUSE shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals. - 6 - 16A.247 REFUSE CONTAINER shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating insanitary conditions, or such other containers as have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting. 16A.243 RUBBISH shall mean nonputrescible solid wastes (excluding ashes) consisting of either: a. combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or b. noncombustible wastes such as tin cans, glass and crockery. 16A.249 SAFETY shall mean the condition of being reasonably free from danger and hazards which may cause accidents or disease. 16A.250 SPACE HEATER shall mean a self-contained, heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one room or two adjoining rooms. 16A.251 SUPPLIED shall mean paid for, furnished by, provided by, or under the control of the owner, operator or agent. 16A.252 TOXIC SUBSTANCE shall mean any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels. 16A.253 VARIANCE shall mean a departure from the strict compliance with this ordinance which must first receive the approval of the President and Board of Trustees, upon a showing of hardship in accordance with rules and regulations of the State of Illinois. 16A.254 UNDEFINED WORDS.) Words not specifically defined in this ordinance shall have the common definition set forth in a standard dictionary. - 7 - ARTICLE III - RESPONSIBILITIES OF OWNERS AND OCCUPANTS 16A.301 No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the Village of Elk Grove Village. 16A.302 Every owner of a dwelling containing two (2) or more dwelling units shall maintain in a clean and sanitary condition the shared or public area of the dwelling and premises thereof. 16A.303 Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls. 16A.304 Every occupant of a dwelling or dwelling unit shall store and dispose of all his rubbish in a clean, sanitary and safe manner. 16A.305 Every occupant of a dwelling or dwelling unit shall store and dispose of all his garbage, refuse, and any other organic waste which might provide food for insects and/or rodents in a clean, sanitary, safe manner. All garbage cans and refuse containers shall be rat -proof, insect -proof, water tight, structurally strong to withstand handling stress, easily filled, emptied and cleaned; shall be provided with tight -fitting covers or similar closures; and shall be maintained at all times in a clean sanitary condition. 16A.306 The total capacity of all provided garbage and/or refuse cans and bulk storage containers shall comply with local refuse ordinances. 16A.307 Every owner of a dwelling containing three (3) or more dwelling units shall supply facilities or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case of single or two (2) family dwellings, it shall be the responsibility of each occupant to furnish such facilities or refuse containers. 16A.308 The owner of a dwelling unit shall be responsible for providing and hanging all screens and double or storm doors and windows whenever the same are required under the provisions of this ordinance or any rule or regulation adopted pursuant thereto, except where there is a written agreement between the owner and occupant. In the absence of such an agreement, maintenance or replacement of screens, storm doors and windows, once installed in any one (1) season becomes the responsibility of the occupant. The occupant's responsibility shall be exclusive to his or her dwelling unit. 16A.309 Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects, rodents and/or other pests on the premises; and every occupant of a dwelling unit in a dwelling containing more than one (1) dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. Notwithstanding, the foregoing ,provisions of this subsection, whenever infectation is caused by failure of the owner to maintain a dwelling in a ratproff or reasonable insect -proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two (2) or more dwelling units, exter- mination thereof shall be the responsibility of the owner. 16A.310 No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rat harborage in or about any dwelling or dwelling unit. 16A.311 No owner of a dwelling containing three (3) or more dwelling units shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rat harborage in or about the shared or public areas of a dwelling or its premises. 16A.312 Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein clean, sanitary, and operable condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. 16A.313 In every dwelling unit when the control of the supplied heat is the responsibility of a person other than the occupant, a temperature . of at least 650F, or during extreme cold, 80 Fahrenheit degrees above the temperature as recorded at the National Weather Service Station at O'Hare Airport, shall be maintained in all habitable rooms, bathroom and water closet compartments. 16A.314 Every owner of a dwelling or dwelling unit shall provide and maintain the dwelling or dwelling unit free from hazards to health due to the presence of toxic substances, e.g. lead-based paint, as determined by the U. S. Consumer Product Safety Commission. 16A.315 No owner or occupant shall apply a lead-based paint to any surface in any dwelling or dwelling unit. - 9 - ARTICLE IV - MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES No person shall occupy as owner, occupant or let to another for occupancy and dwelling or dwelling unit, for the purposes of living, sleeping, cooking or eating therein, which does not comply with the following requirements: 16A.401 Every dwelling unit shall have a room --r portion of a room in which food may be prepared and/or cooked, which shall have adequate circulation area, and which shall be equipped with the following: a. A kitchen sink in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and heated running water under pressure, and which is connected to a building drain approved by the Building Department. b. Cabinets and/or shelves for the storage of eating, drinking, and cooking equipment and utensils and of food that does not under ordinary summer conditions require refrigeration for safekeeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food. c. A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 450F but more than 320F under ordinary maximum summer conditions, which are properly installed with all necessary conditions for safe, sanitary and efficient operation; provided that such stove, refrigerator, and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and that sufficient space and adequate connections for the safe and efficient installation and operation of said stove, refrigerator and/or similar devices are provided. 16A.402 Within every dwelling unit there shall be a non -habitable room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition: Said flush water closet shall be equipped with easily cleanable surfaces, be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause it to be operated properly, and shall be properly connected to a building drain which is approved by the Building Department. 16A.403 Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in close proximity to the door leading directly into the room in which said water closet is located. The lavatory sink shall be in good working condition and properly connected to a water supply system which is approved by the appropriate authority and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is properly connected to a sewer system approved by the Building Department.Water inlets for lavatory sinks shall be located above the overflow rim of these facilities. 16A.404 Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or shower may be in the same rooms as the flush water closet or in another room and shall be properly connected to a water supply system which is approved by the Building Department and which provides at all times an adequate amount of heated and unheated water under pressure, and which is connected to a sewer system approved by the Building Department. Water inlets for bathtubs shall be located above the overflow rim of these facilities. 16A.405 Every dwelling unit shall have such means of egress as is provided in the Building Code of the Village of Elk Grove Village. 16A.406 Structurally sound hand rails shall be provided on any steps containing three (3) risers or more. Porches, patios, and/or balconies located more than three (3) feet higher than the adjacent area shall have structurally sound protective guard or hand rails. 16A.407 Each dwelling unit shall have facilities for the reasonably safe storage of drugs and household poisons. 16A.408 Access to or egress from each dwelling unit shall be provided without passing through any other dwelling unit. ARTICLE V - MINIMUM STANDARDS FOR LIGHT AND VENTILATION No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the requirements of this section: 16A.501 Every habitable room shall conform with Village codes as to light standards according to building codes at the time of construction. 16A.502 Every habitable room shall conform to Village codes as.to ventilation standards according to building codes at the time of construc- tion. a. When facilities for interior climate control (heating, cooling, and/or humidity) are integral functions of structures containing dwelling units or rooming units, such facilities shall be maintained and operated in a continuous manner and in accordance with the designed capacity of the installed equipment. During instances when the integral equipment is inoperative because of power or mechanical failure, alternative provisions for fresh air ventilation of each dwelling or rooming unit shall be provided. 16A.503 Every bathroom and water closet compartment, and non -habitable room used for food preparation shall comply with the light and ventilation requirement for habitable rooms contained in subsections 16A.501 and 16A.502. 16A.504 Where there is usable electric service readily available from power lines which are not more than three hundred (300) feet away from a dwelling, every dwelling unit and all public and common areas shall be supplied with electric service, outlets, and fixtures which shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to a source of electric power in a manner prescribed by the ordinances, rules and regulations of the Village of Elk Grove Village. The minimum capacity of such services and the minimum number of outlets and fixtures shall be as follows: a. Every dwelling unit shall be supplied with at least one (1) 15 ampere circuit and such circuit shall not be shared with another dwelling unit. b. Every habitable room shall contain at least two separate wall type duplex electric convenience outlets or one such duplex convenience outlet and one supplied wall or ceiling type electric light fixture. No duplex outlet shall serve more than two fixtures or appliances. - 12 - c. Temporary wiring or extension cords shall not be used as permanent wiring. d. Every non -habitable room, including water closet compartments, bathrooms, laundry rooms, and public halls shall contain at least one (1) supplied ceiling or wall -type electric light fixture. e. All electric lights and outlets in bathrooms shall be controlled by switches which are of such design as shallminimize the danger of electric shock, and such lights and outlets shall be installed and maintained is such condition as to minimize the danger of electrical shock. 16A.505 Every public hall and stairway in every multiple dwelling shall be adequately lighted by natural or artificial light at all times, so as to provide in all parts thereof at least ten (10) footcandles of light at the tread of floor level. Every public hall and stairway in structure containing not more than two (2) dwelling units may be supplied with conveniently located light switches controlling an adequate lighting system which may be turned on when needed instead of full-time lighting. ARTICLE VI - MINIMUM THERMAL STANDARDS No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: 16A.601 Every dwelling shall have heating equipment and appurtenances which are properly installed, and are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable . rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 65OF under ordinary winter conditions, or at least 80OF above the temperature recorded at the National Weather Service Station at O'Hare Airport. 16A.602 No owner or occupant shall install, operate or use a heating device, including hot water heating units, which employs the combustic; of carbonaceous fuel, which is not vented to the outside of the structure in an approved manner, and which is not supplied with sufficient air to continuously support the combustion of the fuel. All heating devices shall be constructed, installed, and operated in such a manner as to minimize accidental burns. - 13 - ARTICLE - VII GENERAL REQUIREMENTS RELATING TO THE SAFE AND SANITARY MAINTENANCE OF PARTS OF DWELLING AND DWELLING UNITS No person shall occupy as owner, occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements: 16A.701 Every foundation, roof, floor, exterior and interior wall, ceiling, inside and outside stair, every porch and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Every inside and outside stair or step shall have uniform risers (maximum rise of 8" risers) and uniform treads (minimum tread of 9"). 16A.702 Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather -tight, water -tight and damp -free, and shall be kept in sound condition and good repair. Floors, interior walls and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint which is not lead-based paint or by other protective covering or treatment. Walls shall be capable of affording privacy for the occupants. 16A.703 Every premises shall be graded, drained, free of standing water, and maintained in a clean, sanitary and safe condition. 16A.704 If gutters, leaders and downspouts are provided, they shall be maintained in good working condition as to provide proper drainage of storm water. 16A.705 Every window, exterior door and hatchway or similar device shall be so constructed to exclude insects during that portion of the year when there is a need for protection against mosquitoes, flies and other flying insects. a. Every doorway used for ventilation and opening directly from a dwelling unit to outside space shall have supplied properly fitting screens having at least sixteen (16) mesh and with a self-closing device. b. Every window or other device with openings to outdoor space, used for ventilation, shall be supplied with screens. -14- 16A.706 Every dwelling, multiple dwelling, or accessory structure and the premises on which located shall be maintained in a rat -free and ratproof condition. a. All openings in the exterior walls, foundation, basements, ground or first floors and roofs which have a half-inch diameter or more opening shall be ratproofed in an approved manner (see Section 16A.245) if they are within forty-eight (48) inches of the existing exterior ground level immediately below such openings, or if they may be reached by rats from the ground by climbing unguarded pipes, wires, cornices, stairs, roofs, and other items such as trees or vines or by burrowing. b. All windows located at or near ground level used or intended to be used for ventilation, all other openings located at or near ground level, and all exterior doorways which might provide an entry for rats, shall be supplied with adequate screens or such other devices as will effectively prevent the entrance of rats into the structure. c. All sewers, pipes, drains or conduits and openings around such pipes and conduits shall be constructed to prevent the ingress or egress of rats to or from a building. d. Interior floors of basements, cellars and other areas in contact with the soil shall be rat -proofed in an approved manner (see Section 16A.245). e. Materials stored outside the dwelling shall be stacked. f. Any materials used for rat -proofing shall be acceptable to the Health Department (see Section 16A.245). 16A.707 All fences shall be constructed of approved fencing material, shall be maintained in good condition and shall not create a harborage for rats. Wood materials, except decay resistant woods, shall be protected against decay by use of paint which is not lead-based paint or by other preservative material. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances and regulations of this Village of Elk Grove Village. 16A.708 Accessory structures present or provided by the owner, agent, or tenant occupant on the premises of a dwelling shall be structurally sound, and be maintained in good repair and free of insects, rodents and/or other pests, or such structures shall be removed from the premises. The exterior of such structures shall be made weather resistant through the use of decay -resistant materials or the use of lead-free paint or other preservatives. - 15 - 16A.709 Every plumbing fixture and all water and waste pipes shall be properly installed and maintained in good sanitary working condition. 16A.710 Every plumbing fixture and pipe, every chimney, flue, and smoke pipe, and every other facility, piece of equipment, or utility which is present in a dwelling or dwelling unit, or which is required under this ordinance, shall be maintained in conformance with the appropriate statutes, ordinances and regulations of this Village of Elk grove Village and the State of Illinois. 16A.711 No owner, operator, or occupant shall cause any service, facility, equipment or utility which is required under this ordinance to be removed from or shut off from or discontinued for any occupied dwelling or dwelling unit let or occupied by him; except for such temporary inter- ruption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the appropriate authority. 16A.712 All construction and materials, ways and means of egress, and installation and use of equipment shall conform with the appropriate statutes, ordinances, and regulations dealing with fire protection of this Village of Elk Grove Village. M ARTICLE VIII - MAXIMUM DENSITY, MINIMUM SPACE, USE AND LOCATION REQUIREMENTS No person shall occupy or let to be occupied any dwelling unit, for the purpose of living therein, unless there is compliance with the requirements of this Article. 16A.801 The maximum permissable occupancy of any dwelling unit shall not exceed the lesser value of the following two requirements: a. For the first occupant there shall be at least one hundred fifty (150) square feet of floor space and there shall be at least one hundred (100) square feet of floor space for every additional occupant thereof; the floor space to be calculated on the basis of total habitable room area; b. A total number of persons shall be less than two (2) times the number of habitable rooms within the dwelling unit. 16A.802 The ceiling height of any habitable room shall be at least seven (7) feet; except that in any habitable room under a sloping ceiling at least one half of the floor area shall have a ceiling height of at least seven (7) feet, and the floor area of that part of such a room where the ceiling height is less than five (5) feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy. 16A.803 No space located more than four feet (4'-0") below grade shall be used as a habitable room of a dwelling unit unless it conforms to standards set forth in Sections 16A.501, 16A.502 and 16A.W . 16A.804 In every dwelling unit of two (2) or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space for the first occupant and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor space for each occupant thereof. 16A.805 No dwelling or dwelling unit containing two (2) or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants or more than one (1) sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room. A bathroom or water closet compartment shall not be used as the only passageway to any habitable room, hall, basement or cellar or to the exterior of the dwelling unit. - 17 - ARTICLE IX - INSPECTIONS 16A.901 The Health Department or its designated agents shall enforce the provisions of this ordinance and are hereby authorized and directed to make inspections to insure compliance, or in response to a complaint thatan alleged violation of the provisions of this ordinance or of applicable rules and regulations pursuant thereto may exist; or when the Health Department has probable cause to believe that a violation of this ordinance or any rules and regulations pursuant thereto has been or is being committed. 16A.902 The Health Department shall keep confidential all evidence which it may discover or obtain in.the course of an inspection made pursuant to this Article and such evidence shall be considered privileged. 16A.903 If any owner, occupant, or other person in charge of a dwelling, dwelling unit or of a multiple dwelling fails or refuses to permit free access and entry to the structure or premises under his control or any part thereof, with respect to which an inspection authorized by this ordinance is sought to be made, the Health Department, upon a showing that probable cause exists for the inspection, may obtain the necessary warrant from a court of competent jurisdiction to conduct the inspection. ARTICLE X - RULES AND REGULATIONS 16A.1001 The Village Manager is hereby authorized to make, adopt, revise and amend procedural rules and regulations as it deems necessary to administer the purposes of this ordinance. 0 ARTICLE XI - NOTICE OF VIOLATION 16A.1101 Whenever the Health Department determines that any dwelling or dwelling unit, or the premises surrounding them, fails to meet the requirements set forth in this ordinance or in applicable rules and regulations issued pursuant thereto, the Health Department in accordance with existing legislation shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator, or agent that such failures must be corrected. This notice shall: a. Be in writing. b. Set forth the alleged violations of this ordinance or of applicable rules and regulations issued pursuant thereto. c. Describe the dwelling or dwelling unitwhere the violations are alleged to exist or to have been committed. d. Specify a specific date for the correction of any violation alleged. e. Be served upon the owner, occupant, operator, or agent of the dwelling or dwelling unit, personally, or by registered mail, return receipt requested, addressed to the owner, occupant, operator or agent. If one (1) or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such persons by posting the notice in or about the dwelling, or dwelling unit, described in the notice, or by causing such notice to be published in a newspaper of general circulation for a period of seven (7) consecutive days;. 16A.1102 At the end of the period of time allowed for the correction of . any violation alleged, the Health Department shall reinspect the dwelling or dwelling unit described in the notice. 16A.1103 If upon reinspection the violations are determined by the Health Department not to have been corrected, the Health Department shall initiate legal proceedings for the immediate correction of the alleged violations. - 19 - REPAIRS, DESIGNATION OF UNFIT UNITS AND/OR ARTICLE XII - STRUCTURES AND OTHER CORRECTION ACTION: DEMOLITION 16A.1201 Designation of Unfit Dwellings and Dwelling Units. a. Any dwelling or dwelling unit shall be designated as unfit for human habitation when any of the following defects or conditions are found, and when, in the judgement of the Health Department, such defect creates a hazard to the health, safety or welfare of the occupants or of the public. b. Is damaged, decayed, dilapidated, unsanitary, unsafe, and/or vermin -infested and/or contains hazardous levels of lead based paint or other substance. c. Lacks illumination, ventilation and/or required sanitation facilities. e. The general condition of location is unsanitary, unsafe, and/or unhealthful. f. Whenever any dwelling or dwelling unit has been designated as unfit for human habitation, the Health Department shall placard the dwelling or dwelling unit indicating it is unfit for human habitation, and, if occupied, shall order such dwelling or dwelling unit vacated within a reasonable time, such time to be not less than twenty-four (24) hours or more than three (3) days. g. 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 Health Department and the placard removed by the Health Department. h. The health Department shall rescind the designation as unfit for human habitation and remove the placard when the defect or condition upon which such designation and placarding was based has been removed or eliminated and the dwelling or dwelling unit is deemed by the Health Department as a safe, sanitary, and fit place for human habitation. 1. No person shall deface or remove the placard from any dwelling or dwelling unit, which has been designated as unfit for human habitation and has been placarded as such, except as provided in Section h. j. Any person affected by any decision of the Health Department or by any designation or placarding of a dwelling or dwelling unit as unfit for human habitation shall be granted a hearing on the matter before the Health Department under the procedure set forth in Article XIV of this ordinance. - 20 - 16A.1202 Demolition of Dwellings and Dwelling Units Designated as Unfit for Human Habitation. a. The Health Department shall order a dwelling or dwelling unit to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair so as to rescind the designation as unfit for human habitation. b. The owner of any dwelling or dwelling unit which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in Article XI and shall be given a reasonable time, not to exceed ninety (90) days, to demolish such structure. c. Any owner aggrieved by the notice to demolish may, within ten (10) days, seek a reconsideration of the matter in the manner hereafter provided, and may seek a hearing in the manner provided in Article XIV. d. When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary dwelling or dwelling unit within the requisite time, the Health Department may apply to a court of competent jurisdiction for a demolition order. The court may grant such order when no reconsideration or hearing on the matter is pending. If the cost of such demolition shall create a debt in favor of this Village of Elk Grove Village against such owner, such costs shall be recoverable in a civil action brought by this Village of Elk Grove Village which shall possess all the rights of a private creditor. e. Whenever a dwelling is demolished, whether carried out by the owner or by the Health Department, such demolition shall include the filling in of the excavation on which the demolished dwelling was located in such manner as to eliminate all potential danger to the public health,safety or welfare arising from such excavation. f. All demolition shall be preceded by an inspection of the premises by the Health Department to determine whether or not extermination procedures are necessary. If the premises are found to be infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during and after demolition. ARTICLE XIII - COLLECTION AND DISSEMINATION OF INFORMATION 16A.1301 The Health Department is hereby authorized to collect and disseminate information concerning techniques of maintenance, repair and sanitation in housing, and concerning the requirements of this ordinance and applicable rules and regulations issued pursuant thereto. - 21 - ARTICLE XIV - APPEALS 16A.1401 There is hereby created a Housing Code Appeals Board consisting of five (5) members. The Appeals Board shall designate the chairman and secretary of the Housing Code Appeals Board. The Appeals Board membership should, whenever possible, consist of persons experienced in the building trades, real estate management, health or related fields. The members shall be appointed by the Village President with the advise and .consent of the Village Board of Trustees. The first appointments shall consist of two (2) three (3) year terms; two (2) two (2) year terms; one (1) one (1) year term; thereafter, each member shall serve for three (3) year terms until their successors are appointed or qualified. 16A.1402 The Housing Code Appeals Board shall adopt reasonable rules and regulations for the conduct of its meetings and investigations and shall render all decisions and findings in writing to the Village Manager and all decisions and findings shall be made part of the public record. 16A.1403 Any person aggrieved by a notice of the Health Department issued in connection with any alleged violation of this ordinance or of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the Housing Code Appeals Board for a reconsideration of such notice or an appeal of any order, provided such application is made within ten (10) days after the date the - notice or order was issued. 16A.1404 The Housing Code Appeals Board, upon receipt of an appeal shall set a time and place for the hearing within ten (10) days of the receipt of such application, and shall advise the applicant in writing of such time and place, at least five (5) days prior to the date of the hearing. 16A.1405 At such a hearing, the applicant shall be given an opportunity to be heard and to show cause why such notice or order should be modified, extended, withdrawn, or a variance granted. 16A.1406 The Housing Code Appeals Board, by a majority vote, may sustain, modify or withdraw the notice or order. In granting an extension or variance of any notice order, the Appeals Board shall observe the follow- ing conditions: M40M a. The Housing Code Appeals Board may grant an extension of time for the compliance of any order or notice for not more than eighteen (18) months subject to appropriate conditions and provided that the Appeals Board makes specific findings of fact based on evidence relating to the following: 1. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and 2. That such an extension is in harmony with the general purpose and intent of this ordinance in securing the public health, safety and general welfare. b. The Housing Code Appeals Board may grant a variance in a specific case and from a specific provision of this ordinance subject to appropriate conditions and provided the Appeals Board makes specific findings of fact based on evidence related to the following: 1. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and 2. That the effect of the application of the provisions would be arbitrary in the specific case; and 3• That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships and this arbitrary effect; and 4. That such variance is in harmony with the general purpose and intent of this ordinance in securing the public health, safety and general welfare. ARTICLE XV - EMERGENCIES 16A.1501 Whenever, in the judgement of the Health Department, an emergency exists which requires immediate action to protect the public health, safety, or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator, or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the Health Department may act to correct or abate the emergency. 16A.1502 The owner, occupant, operator, or agent shall be granted a hearing before the House Code Appeals Board on the matter upon his request, as soon as practicable, but such appeal shall in no case stay the abatement or correction of such emergency. - 23 - ARTICLE XVI - PENALTIES 16A.1601 Any owner, occupant, operator, or agent of a dwelling or dwelling unit who has received an order or notice of an alleged violation of this ordinance shall be subject to a penalty of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each day each alleged violation continues after expiration of the specified reasonable consideration period; provided that no such penalty shall be applicable while a hearing or appeal to a court of competent jurisdiction is pending in the matter. In addition to the above penalties, the Village may commence with injunctive relief to enforce any of the provisions of this ordinance. Section 2: This ordinance shall be in full force and effect from and after its passage, approval,and publication in pamphlet form according to 1 aw. PASSED this 24th day of January 1978. APPROVED this 24th day of January 1978. VOTE: AYES: 4 NAYS: 0 ABSENT: 2 Ronald L. Chernick Village President Pro Tem ATTEST: Eleanor G. Turner by Fay Bishop Village Clerk Deputy Clerk Published in pamphlet form this 3rd day of February , 1978 in the Elk Grove Hearld. - 24 -