VILLAGE OF ADDISON CODE

Chapter 24 – Housing Regulations

(Amended in its entirety by Ord. O-04-40 passed April 20, 2004)

§24-101. Adoption of Property Maintenance Code.

§24-102. Additions, Insertions, Deletions and Changes.

Sec. 24-101. Adoption of Property Maintenance Code. [back to top]

The International Property Maintenance Code 2000, as published by the International Code Council, Incorporated, shall be and is hereby adopted as the Property Maintenance Code of the Village of Addison in the State of Illinois for the control of buildings and structures as herein provided, and each and every regulation, provision, penalty, condition and term of said Property Maintenance Code is hereby referred to, adopted and made part hereof as if fully set out in this Chapter, with the additions, insertions, deletions and changes prescribed in Section 24-102 of this Chapter.

Sec. 24-102. Additions, Insertions, Deletions and Changes. [back to top]

The following sections of the 2000 International Property Maintenance Code are revised as follows:

Section 101.1. Title, insert: Village of Addison, Illinois

Section 102.3. Revise to read as follows: Application of other Codes: Repairs, additions or alterations to a structure or changes of occupancy shall be done in accordance with the procedures and provisions of the Illinois Plumbing Code, the International Mechanical Code, the International Building Code, the International Fuel Gas Code, the International Code Council Electrical Code, the International Residential Code, and the Addison Village Code, Zoning Ordinance and Subdivision Ordinance. With respect to property maintenance, the following provisions of the Addison Village Code set forth additional regulations applicable to properties within the Village:

Nuisances: Chapter 12

Drainage: Chapter 9; Chapter 20, Article III

Animals: Chapter 4

Multi-Family Dwelling Licenses: Chapter 10, Article VIII

Parking: Chapter 11, Article VI

Garbage: Chapter 15

Snow Removal: Chapter 17, Article V

Signs Chapter 27

Section 103.1. Add the following: The term "Department of Property Maintenance Inspections," as used in this Chapter shall mean and refer to the Department of Community Development of the Village.

Section 103.6. Fees: Insert: The Annual Multi-Family License Fees shall be $25.00 per building and $15.00 per dwelling unit. The fee for each semi-annual inspection shall be $25.00 per building (common interior or exterior area) and $15.00 per unit for each dwelling/dwelling Any fee remaining unpaid and delinquent for 60 days or more after the due date shall be automatically increased by a surcharge equal to an additional 50% of the original fee.

Section 104. Add to this section the following subsections:

104.9. Inspections Authorized. The building official shall make inspections as hereinafter provided of any building under single ownership, and having three or more dwelling units, if any of the dwelling units are leased or rented. Vacated units shall be inspected by the Village as part of the Annual and Semiannual Inspection Process. Any repairs required must be made before a new tenant can occupy the unit. Fees for the operation of a multiple dwelling license and for the applicable inspections shall be charged in accordance with those fees listed in this Chapter.

104.9.1. Every building inspected shall receive a grade at the time of the Annual Inspection. Based on this grade the schedule of the next Annual or Semiannual Inspection shall be determined.

(A) The total number of dwelling units in the building plus one for interior common areas and one for all accessory structures and the exterior common area of the building shall determine the total number of inspection areas used in calculating the final grade.

(B) The total number of violations and deficiencies observed at the time of the Annual Inspection divided by the total number of inspection areas shall determine the grade of the building. A building having two separated entrances and a different address for each entrance shall be considered two buildings. The exterior areas shall be divided accordingly.

(C) (1) Any building having 2.0 or fewer violations or deficiencies on the average per inspection area at the Annual Inspection shall receive a Grade of One. A Grade of One exempts the building from the next Annual Inspection process and the next Multiple Family Dwelling License fee. However, the application for a new Multiple Family Dwelling License must still be submitted and approved. Such exemption shall be nullified for those buildings receiving two or more valid service requests (complaints) against them prior to the date of the exempted inspection.

(2) Any building having, on average, more than 2.0 but less than 4.1 violations or deficiencies per inspection area during the Annual Inspection shall receive a Grade of Two. A Grade of Two requires that for the next Village fiscal year, a Multiple Family Dwelling License must be applied for, paid for and issued and that another Annual Inspection must be conducted.

(3) Any building having, on average, 4.1 or more violations or deficiencies per inspection area during the Annual Inspection shall receive a Grade of Three. A Grade of Three requires that a Semiannual Inspection be conducted in approximately six months. This inspection applies only for the interior common areas, the exterior common areas, all accessory structures and for only those dwellings that had been noted for having a violation or deficiency. In addition, for the next Village fiscal year, a Multiple Family Dwelling License shall be applied for, paid for and issued, and another Annual Inspection must be conducted.

104.10. Transfer of Ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another unless (a) the Code Official has determined that the violation has been corrected or (b) such owner has first furnished the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official and has furnished to the housing inspector a signed and notarized statement from the grantee, transferee mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice or violation within the time designated by the Code Official.

Section 104.11. Inspection of Dwelling Units.

(A) The Code Official, or his authorized representative, is hereby authorized and directed to make inspections in order to determine the condition of dwellings, dwelling units, rooming units and premises (collectively "dwellings") located within the Village. The sole purpose of such inspections shall be to determine whether such dwellings comply with the provisions of this Chapter 24. The scope of such inspections shall be strictly limited to those areas of the dwelling that are required to be in compliance with this Chapter 24. For the purpose of making such inspections, the Code Official or his authorized representative is hereby authorized to enter, examine and survey all dwellings in the Village.

(B) If a dwelling is owner-occupied or vacant, the Code Official shall inform the owner of the scheduled inspection and shall request permission to enter the dwelling for the purposes of the inspection. If a dwelling is occupied by a tenant, the landlord shall inform the tenant of the scheduled inspection and shall request permission from the tenant that the inspector be permitted to enter the dwelling if the tenant is not home at the time of the inspection. Whenever the Code Official, upon presentation of proper credentials and request for entry to inspect, is refused access to any building, dwelling, dwelling unit, rooming unit or premises, the Code Official is authorized to petition any judge for the issuance of a search warrant authorizing the inspection of such building, dwelling, dwelling unit, rooming unit or premises for the purpose of making such inspections as shall be necessary to the enforcement of the provisions of this Chapter 24.

Section 104.12. Access by Owner or Operator. Every occupant of a structure or premises shall give the owner or operator thereof, or his agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making such inspection, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Code.

Section 106.4. Violation penalties. The responsible owner, operator or occupant shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred ($500.00) dollars for each uncorrected violation, and each day such violation exists after expiration of the time specified for correction, if any, shall be deemed a separate offense.

Section 106.0. Violations. Add the following sections.

Section 106.6. Exception. A person acting as managing agent or collector of rents of any property involved in any proceeding because of violations or alleged violations of the provisions of this Chapter may not be liable therefor, provided, however, in order to be exempt from liability, the managing agent or collector of rents must, within five (5) days after receipt of notice of any alleged violations or of summons, have notified the owner or owners of the property, or the employer of such person, of the purported violation or violations of any provision or provisions of this Chapter and shall have delivered to the Building Official proof of service thereof on the owner or owners or the employer of such person.

Section 106.7. Assistance from the Village Attorney. Whenever any person fails, refuses or neglects to obey any order issued pursuant to this Chapter or in any other manner does not comply with the duties imposed upon by him in this Chapter, the Director of Community Development may notify the Village Attorney of the circumstances and request the Village Attorney to institute such legal action as may be required to effect compliance.

Section 106.8 Imposition of penalty no bar to legal action. The imposition of any penalty pursuant to this Chapter shall not preclude the Village from instituting an appropriate action or preceding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; to restrain, correct or abate a violation; to prevent the occupancy of a building, dwelling, dwelling unit; to require compliance with the provisions of this Chapter or other applicable laws, ordinances, rules or regulations or the orders and determination of the Director of Community Development.

Section 107.2. Form. Delete item 5.

Section 111. Means of Appeal. Delete the section in its entirety.

Section 201.3. Terms Defined in Other Codes. Delete the International Plumbing Code and insert the Illinois Plumbing Code. Add the Village of Addison Municipal Code, the Village of Addison Zoning Ordinance, the Village of Addison Building Code and the Village of Addison Subdivision Ordinance.

Section 202. General Definitions. Amend as follows:

For the purposes of this Chapter, the following terms and phrases shall have the meanings given herein:

ACCESSORY STRUCTURE: A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use and is under the same ownership.

BUILDING: See Structure. The terms building and structure shall be interchangeable.

DWELLING UNIT (ABANDONED): A dwelling unit which is unoccupied for at least a ninety (90) day period. An abandoned dwelling unit may also be classified as an attractive nuisance. However, just because the unit cannot be rented or the home sold would not in itself create an abandoned dwelling unit.

GROSS FLOOR AREA: The sum of the cross horizontal areas of the several floors of a dwelling unit measured from the exterior faces of the exterior walls or from the centerline of walls separating dwelling units.

HABITABLE BASEMENT ROOM: Any room or enclosed floor space or rooming unit in a basement intended to be used for sleeping, living, cooking or cleaning purposes meeting the requirements for habitable space with respect to privacy, light, ventilation, egress, safety floor area and ceiling heights. Average finish floor below the adjoining outside finish grade: maximum 3'-6".

HOT WATER: Water at a temperature of not less than 100 degrees Fahrenheit.

MOTEL: A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a short term basis, whether such establishments are designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist court or otherwise.

MULTIPLE DWELLING: A building containing three or more dwelling units.

OCCUPANT: Any person, more than one year of age, living in, sleeping in, or having actual possession of a dwelling unit or rooming unit; provided, however, that any child more than one year and less than twelve years of age shall be counted as one-half person for the purposes of determining minimum space per occupant. All occupants of a dwelling unit must be listed in the Tenant Compliance Letter.

PARKING SPACE: A surfaced area, enclosed or unenclosed, not less than ten feet wide and twenty feet long, together with a driveway connecting the parking space with a street, road or alley sufficient in size to store one automobile and permitting ingress and egress of that automobile without the necessity of moving any other automobile. Such parking space must be improved with a hard surface, asphalt, concrete or other dustless material, in accordance with the applicable Village and State standards and requirements.

PARKWAY: The area between the adjacent property line and the back of curb or, if there is no curb, the edge of the pavement or gravel roadway.

PLUMBING: Gas pipes, gas-burning equipment, water-heating 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 similar supplied fixtures, together with all connections to water, sewer or gas lines.

PUBLIC NUISANCE: Includes the following:

1. The physical condition or use of any premises regarded as a public nuisance at common law.

2. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned dwelling units, wells, shafts, basements, excavations, tree houses and unsafe fences or structures, abandoned vehicles, unsecured and unattended swimming pools, appliances, furniture or other such items.

3. Any premises which have unsanitary sewerage or plumbing facilities.

4. Any premises designated as unsafe for human habitation or use.

5. Any premises which are manifestly capable of being a fire hazard or are so manifestly unsafe or unsecured as to endanger life, limb or property.

6. Any premises from which the plumbing, heating and/or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or where the required precautions against trespassers have not been provided.

7. Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds.

8. Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter; in danger of collapse or failure and is dangerous to anyone on or near the premises.

SUPPLIED: Paid for, installed, furnished or provided by or under the control of the owner or operator at his own expense.

TENANT COMPLIANCE LETTER: A form developed and supplied by the Addison Community Development Department to verify the primary occupant is aware of his or her responsibilities, has identified the total number of occupants and that the same has been verified in writing.

Section 301.2. Responsibility. Add the following subsections.

Section 301.2.1. Owner’s compliance with Duties.

(A) Every owner or operator of a multiple dwelling or dwelling unit shall on renting an apartment have the tenant sign the "Tenant Compliance Letter" of the Village of Addison Housing Code which states the number of people permitted in each living unit and the number of parking spaces assigned to the unit. Only the number of persons listed on the Tenant Compliance Letter at the time of application may reside in an apartment or dwelling.

(B) Every owner or operator shall apply for and receive a Multiple Family Dwelling License on a yearly basis. Every owner who does not reside within the corporate limits of the Village shall designate, as the first contact person on the license application, someone who does reside in the corporate limits. There must also be a second contact person listed on the application form, as a backup. All three individuals listed are required to have different phone numbers for being contacted. Each contact person shall be designated as having the responsibility to address the need to service or process the issues necessary to resolve all problems and deficiencies that affect the safety and living conditions of the occupants.

(C) No owner shall suffer or permit a dwelling unit to be maintained in a condition which constitutes a public nuisance or other violates any code or ordinance of the Village.

Section 301.2.2. Transfer of Responsibility. A contract effective as between owner and operator or operator and occupant or owner and occupant with regard to compliance hereunder shall not relieve any party of his direct responsibility under this Chapter. Every owner shall designate a responsible person who resides in the corporate limits of the Village as a representative or agent of the owner in the event the owner cannot be contacted. In the event the owner or agent does not reside within these corporate limits of the Village he must designate a responsible person who resides within the corporate limits of the Village as an agent for service of process.

Section 301.2.3. Responsibility of Occupants. Every occupant of a dwelling or dwelling unit:

(A) Accumulation of Debris and Storage of Goods. Shall not place on the premises any material which causes a fire hazard, otherwise endangers the life, health or safety of any occupants of such dwellings or constitutes a blighting or deteriorating influence on the premises or neighborhood, nor place in storage on the premises any furniture, equipment or material which harbors insects, rodents or other pests or is conducive to infestation.

(B) Occupancy. Shall not permit any dwelling unit let to him to be occupied so that any occupancy resulting therefrom violates any of the provisions of this Chapter 24.

Section 302.3. Sidewalks and driveways. Add to the section: All sidewalks, steps, driveways, parking spaces and similar paved areas shall be kept in proper repair and free of snow and ice and other debris. Pot holes in parking spaces or paved areas must be repaired with an all weather hard surface dustless material in accordance with the Building and Zoning Codes.

Section 302.4. Weeds. Amend ten (10) inches to six (6) inches. Add to the section: Required landscaping shall be regularly maintained in a neat, clean and healthy condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants and grass when necessary, and the regular watering of all plants. It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers, cultivated or ornamental plants, to grow to a height exceeding six inches (6") anywhere in the Village. Any such plants or weeds exceeding such height are hereby declared a nuisance. See, also, Section 12-15 of Chapter 12 of the Village Code.

Section 302.8. Motor vehicles. Add to the section: Parking. The parking of any vehicle shall be limited to areas specifically designated as parking spaces, and these designated areas must be covered with a hard surface asphalt, concrete or other dustless material. No parking shall be allowed on parkways or sidewalks.

Overnight Parking of Trucks. The overnight parking or storage of construction equipment and vehicles in excess of 3/4 ton with a gross vehicle weight (including vehicle and attached equipment and maximum load) in excess of 8,000 pounds and "B" license plates except vehicles eligible for registration as recreation vehicles under the Illinois Motor Vehicle Code is prohibited within any residence district. No towable contractor's equipment shall be stored parked on any lot in any residence district unless such equipment is being used in connection with a legitimate service actually being rendered for the benefit of such lot.

Existing Parking Lot Lighting - Maintenance. The lighting shall be owned, maintained and operated by the owner of the property who shall be responsible for keeping clean the luminaries replacing bulbs and other work associated with maintenance.

Section 303.12. Handrails and Guards. Add to the section: Where handrails or guard rails are required by the current codes and are not in place or are deficient based on the height, location, design or strength and when the same cannot be verified as meeting the design standards or intent when the same had been installed, shall be replaced or installed to the current standards of the applicable code.

Section 303.14. Insect Screens. Insert May 1 and October 1

Section 305. Rubbish and Garbage. Insert Section 305.3. Garbage and Rubbish Disposal. Refuse and garbage shall be properly disposed of in accordance with the provisions of Chapter 15 of the Village Code.

Section 305. Add the following sections:

Section 305.4. Removal by Village and Placement of Liens. The Village may provide for the removal of garbage and debris from private property when the owner of such property refuses or neglects to remove such garbage and debris, and may collect from such owners the reasonable cost thereof. This cost is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens. However, the lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage and debris and prior to the filing of such notice, and the lien shall not be valid to any mortgage, judgement creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of a lien has been filed, the lien shall be released by the Village of Addison, and the release may be filed of record as in the case of filing notice of a lien.

Section 305.4.1. Liens. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Suit to foreclose this lien shall be commenced within two years after the date of filing notice of the lien.

Section 404.4.1. Area for sleeping. Amend the section to read: Area for Sleeping Purposes. Every room occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square feet of floor area, and every room occupied for sleeping purposes by more than one (1) person shall contain at least fifty (50) square feet of floor area for each additional occupant thereof.

Section 404.4.4. Prohibited occupancy. Add to the section: It shall be prohibited to use for sleeping purposes any kitchen, hallway, closet, basement, storage room, public area, dining room or living room. Living rooms may be used for sleeping purposes for overnight guests only.

Section 404.4.5. Overcrowding. Amend the section to read: Basic Minimum Floor Area Per Occupant Requirements: Every dwelling unit shall contain at least 200 square feet of habitable floor area for the first occupant thereof and at least 100 additional square feet of habitable floor area for every additional occupant thereof. For purposes of this subsection, a person under one year of age shall not be considered an occupant and persons more than one year of age but less than 12 years of age shall be considered as one half person.

Section 404. Occupancy Limitations. Add the following sections:

Section 404.8. Basic Minimum Gross Floor Area Requirements: The minimum gross floor area of dwelling units shall be as provided in the Zoning Ordinance and Building Code of the Village of Addison.

Section 404.9. Overcrowding Violation: If any room used for residential purposes is overcrowded, the code official may order the number of persons sleeping or living in said room to be reduced so that the occupancy limitations are in compliance.

Section 505.1. General. Delete the International Plumbing Code and insert the Illinois Plumbing Code.

Section 507.1 General. Add to this section: Gutters and Downspouts. No downspout shall be connected to a sanitary sewer. Downspouts emptying into ground shall be provided with splash blocks or similar devices. Downspout discharge cannot be more than five (5) feet from the foundation wall. Downspouts may not be eliminated from a roof that discharges onto expansive or collapsible soils within five feet of the building foundation. No splash to surface sump pump shall be connected to the sanitary sewer system.

Section 601.2. Responsibility. Add to this section: Causes Beyond Control of Owner or Operator: Failure to furnish the heat required by this Section shall not constitute an offense where it is due to a breakdown of the heating plant, unless such breakdown has been caused by a violation of this Chapter, nor where it is due to strikes, to a general shortage of fuel, or to any act of the occupant who makes the complaint. The owner or his designated agent shall post in a conspicuous place in the boiler room the name, address and phone number of the company, individual or firm authorized to make emergency repairs. For the purpose of this Section, an emergency shall be construed as any equipment failure which could constitute a threat to health or safety of the occupants of the building.

Section 602.2. Residential Occupancies. Delete the International Plumbing Code and insert the Illinois Plumbing Code.

Section 602.3. Heat Supply. Delete "during the period from (_) to ( )." Delete the International Plumbing Code and insert the Illinois Plumbing Code.

Section 602.4. Occupiable work spaces. Delete "during the period from (_) to ( ).

Section 704. Fire Protection Systems. Add the following sections.

Section 704.4. Smoke Detectors. Owners of existing apartments, condominiums, hotels, motels, dormitories, and other residential buildings covered by the current adopted building code, except single family detached residential buildings, shall install or cause to be installed a minimum of one battery powered smoke or ionization detector or one 110 volt continuous operation smoke or ionization detector with an auxiliary battery unit per living unit. The owner may determine which of these types of detectors to install. Approved detectors shall also be installed in all public egress routes, including corridors, stairwells, storage areas, laundry rooms, etc. At the time of the Annual Housing Inspection, it shall be the building owner's responsibility to have all smoke detectors in working condition. At all other times it shall be the responsibility of the tenant to notify the building owner of any defect in the working condition of the smoke detector. All detectors required by this section must have a minimum of 85 decibel capacity within 10 feet of the detector; must be located on the ceiling at least 6 inches from the walls or on the wall located from 6 to 12 inches from the ceiling; and must be located within 15 feet of a room used as a bedroom. Battery powered smoke or ionization detectors must be equipped with visual or audible warning systems for low battery voltage. Detectors being supplied by a commercial electrical power source shall be equipped with a "Power On" visible indicator.

Section 704.5. Flammable Liquid Storage. Storage of gasoline or other similar flammable liquids or gasoline operated maintenance equipment is prohibited in any multifamily building unless a one (1) hour UL storage room or an approved container is provided and the NAPA Fire Codes are complied with.

Section 704.6. Exposed floor systems. All exposed floor systems in multifamily buildings shall be provided with one (1) layer of 5/8 fire code drywall, taped and nailed in accordance with UL design # L501 or a one (1) hour rated drop in ceiling and rated grid system installed in accordance with UL approval for the system.

Sec. 24-103. Enforcement. [back to top]

The Police Department or the Code Official is authorized to serve citations upon any person violating any provision of this Chapter. If such defendant does not live within the corporate limits of the Village, the Village shall cause the "notice to appear" to be mailed to the defendant at his last known address by certified mail. The Code Official or his designee is authorized to enforce any provision of this Chapter. He is further authorized to institute any legal proceeding in the name of the Village against any person, firm or corporation violating any of the provisions of this Chapter. If, after the expiration of thirty days’ notice to the property owner, such violation of this Chapter still exists, in addition to the penalties otherwise provided for, the Village shall have the option of taking affirmative action in maintaining such area in good order and shall have the right to place a lien of record against the property to repay the Village for monies expended, including courts costs and fees.

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