The purpose of this chapter is to protect the health, safety, and welfare of all persons and the environment within the County by identifying and abating unsafe or unsanitary conditions that exist upon or within any building that is located within unincorporated areas of the County.
[HISTORY: Adopted by the County Board of Stephenson County 7-17-2025 by Ord. No. 25-07-107.[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 218, Buildings, Dangerous, adopted 7-10-1979 (Ch. 13, Art. III, of the 1977 Code), as amended.
For the purposes of this chapter, the following terms shall have the meanings indicated:
Any structure or portion thereof, including any yard or lot or portion thereof, that is or may be used or intended for supporting or sheltering any use or occupancy, including but not limited to residential dwellings and/or businesses.
Any building in which any unsafe or unsanitary condition exists.
Any person who resides at or regularly occupies a building, including an owner, agent of any person, tenant, or lessee.
Any person listed as an owner on the property tax records of the parcel upon which the building is located.
Any individual, partnership, company, corporation, trust, agent, or any other legal entity.
Conditions that pose a risk to health, safety, and welfare of any person, the public or the environment, which include, but are not limited to, those set forth at § 218-4 of this chapter.
The Director of the Stephenson County Department of Building and Zoning or his or her authorized designee.
The Zoning Authority is authorized to inspect buildings within Stephenson County for the purposes of enforcing this chapter and to ensure the health, safety and welfare of all persons, the public and the environment.
The following conditions may be deemed unsafe and/or unsanitary conditions, the existence of which may form the basis for the issuance of a violation notice, complaint and/or order under this chapter:
A.
Structural deficiencies which may include, but are not limited to: severe structural damage or deterioration that compromises the integrity of a building, unstable or collapsing walls, floors, or ceilings, inadequate or unsafe electrical, plumbing, or heating systems, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
B.
Inadequate water supply or plumbing, which may include, but is not limited to: lack of potable water supply, contaminated water supply, inadequate or non-functional plumbing systems, including sewage disposal, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
C.
Sanitation and waste disposal issues, which may include, but is not limited to: accumulation of garbage, refuse, or other waste materials that create a health hazard, presence of human or animal waste in living areas, inadequate waste disposal systems, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
D.
Pest infestations, which may include, but are not limited to: infestation by rodents, insects, or other pests that pose a health risk, conditions conducive to pest infestation, such as standing water or food waste, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
E.
Unauthorized presence of hazardous materials or substances, which may include, but is not limited to: the presence of toxic or hazardous materials or substances, including but not limited to asbestos, lead, and mold, the improper storage or disposal of hazardous materials or substances, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
F.
Inadequate ventilation and air quality which may include, but is not limited to, a lack of adequate ventilation leading to unsafe air quality, the presence of harmful gases or fumes, such as carbon monoxide or radon, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
G.
Fire safety risks, which may include, but are not limited to, the lack of functional smoke detectors or fire extinguishers, blocked or inadequate emergency exits, the presence of flammable materials in an unsafe condition, or similar conditions which pose a threat to the safety, health or welfare of any person, the public, or the environment.
H.
General cleanliness concerns which includes, but is not limited to: the significant accumulation of dirt, grime, or other unsanitary conditions which create a significant risk or likelihood of the spread of disease or illness to any person.
I.
Any violations of the rules, regulations, or standards contained in the current edition of the Property Maintenance Code, as promulgated by the International Code Council (ICC) or similar violations to the extent that they pose a threat to the safety, health or welfare of any person, the public, or the environment.
A.
It shall be a public nuisance for any person to allow any unsafe or unsanitary conditions to exist in any building.
B.
It is unlawful for owner, occupant, or person in custody of a building to allow a dangerous building to exist.
C.
In addition to the costs of inspection and abatement actions set forth below, any person who is found to have permitted a dangerous building to exist, violates the terms of any order entered by a Hearing Officer, or unlawfully removes or defaces a violation notice or order to vacate that has been posted upon a building by the Zoning Authority other is subject to penalties set forth at Chapter 1, Article II, § 1-11 of the County Code. Each day's failure or refusal to comply shall constitute a separate offense.
A.
Inspections. The Zoning Authority shall conduct inspections of buildings upon receipt of a complaint, notice, or information, based on reasonable suspicion, that any unsafe or unsanitary condition(s) exist(s) within a building. Reasonable suspicion or cause to believe that an unsafe or unsanitary condition(s) exists in a building may be based on visible signs of deterioration, reports from any person, or other credible sources. The Zoning Authority may request the assistance of law enforcement to enforce any order enter or complete any inspection required under this chapter.
B.
Inspection report. The Zoning Authority shall document each inspection of a building in a written report, which shall include any photographs taken during the inspection, a summary of any statements taken during the inspection, and the name of any person present during the inspection. The Zoning Authority shall provide a copy of the report to the owner and any known adult occupant(s) of the building and, if necessary, to the appropriate law enforcement agency, the Department of Children and Family Services, Adult Protective Services of the Illinois Department of Aging, the Illinois Department of Public Health, the Illinois Environmental Protection Agency, or any other entity required by law.
C.
Access for inspection. If the Zoning Authority is denied access to a building for inspection purposes, the Zoning Authority may seek an administrative warrant from a court of competent jurisdiction to gain entry for inspection purposes. Any warrant issued must be supported by an affidavit which demonstrates probable cause to believe that an unsafe or unsanitary condition exists within the building to be inspected.
D.
Violation notice. In the event the Zoning Authority finds that unsafe or unsanitary condition(s) exist(s) within a building, it shall issue and serve a violation notice upon each owner and any known adult occupant of the building, via personal delivery or certified US Mail return receipt requested. If service upon an owner is done via mail, a copy of the violation notice shall be mailed to the address of the property upon which the building is located and the address for the owner listed on the property tax records for the property. If addresses are unknown for any other person required to be served with the violation notice, the violation notice must be addressed to such person and mailed to the address of the building. The failure of any person to receive the violation notice shall not invalidate any proceedings under this section if the Zoning Authority can demonstrate compliance with the service process set forth in this chapter. Service by certified mail shall be effective on the date the violation notice was received as indicated on the return receipt. The violation notice shall also be posted on the building for a period of 10 days. In the event the certified mail is unclaimed or refused or the return receipt is otherwise not received, the violation notice shall be deemed served at the expiration of the 10 days posting period.
(1)
The violation notice must include the following information:
(a)
The street address for the building, or if no address exists, a legal description sufficient to identify the property upon which the building is located;
(b)
A copy of the inspection report which shall document and describe each unsafe or unsanitary condition alleged to exist in the building;
(c)
A statement of the acts that must be taken by the owner(s) or occupant(s) to abate or correct each unsafe or unsanitary condition alleged to exist within the building;
(d)
The timeframe within which the abatement and corrective actions must be completed and a date and time for reinspection of the building by the Zoning Authority;
(e)
The date upon which the notice was posted, the name of the person from the Zoning Authority that conducted the inspection, and the contact information for the Zoning Authority;
(f)
A statement of the possible penalties that may be imposed as a result of the failure to abate or correct each unsafe or unsanitary condition;
(g)
If an emergency order to vacate has been obtained, the violation notice must include a copy of said order.
E.
Reinspection and clearance. Upon the issuance of a violation notice, the Zoning Authority shall schedule a reinspection of the dangerous building to allow the owner or occupant(s) to demonstrate that the unsafe or unsanitary conditions have been abated or corrected. If, following reinspection, the Zoning Authority determines that the building is no longer a dangerous building, the Zoning Authority shall issue a written finding that each unsafe or unsanitary condition has been corrected and the building is safe for occupancy, and that the posted violation notice may be removed from the building.
F.
Complaint and hearing. In the event an owner or occupant upon which the violation notice was served fails to abate or correct the unsafe or unsanitary condition(s) within the time prescribed in the violation notice, the Zoning Authority may file a complaint pursuant to the processes and methods prescribed by the Code Hearing Unit of Chapter 1, Art. III, § 1-15 et seq. of the County Code. Any authorized representative may issue a complaint against any owner or occupant of said building. Such complaint may seek any and all applicable relief available at law or in equity, including, but not limited to, abatement of the unsafe or unsanitary conditions, fines, costs of the inspection and abatement actions taken, if any, injunctive relief or an order to vacate the building. However, the issuance of a violation notice shall not be a precondition to the filing of a complaint.
A.
The Zoning Authority is authorized to contract with professionals, including but not limited to plumbers, electricians, and structural engineers, to assist the Zoning Authority with inspections of buildings under this chapter. The Zoning Authority may seek reimbursement from the County Board for any costs related to these contracts.
A.
It shall be the responsibility of each owner and/or occupant to correct or abate any unsafe or unsanitary conditions found to exist on or within a building.
B.
Emergency abatement. Whenever, in the opinion of the Zoning Authority, a dangerous building poses an imminent threat of serious harm to any person, the public, or the environment, and if the dangerous building can be abated summarily without or with only minor damage to the building and the continuation of the dangerous building poses a substantial threat of injury to any person, the public, the environment, or will cause a substantial interference with the quiet enjoyment of life normally present in the community, the Zoning Authority may commence abatement of the conditions causing the threat or interference as the law may allow.
C.
Where the abatement of the dangerous building requires continuing acts by the Zoning Authority or County beyond the initial summary or emergency abatement, the County may seek abatement of such nuisance on a permanent basis through judicial process, including those set forth at 55 ILCS 5/5-1121.
D.
After finding any person liable or in default for a violation of this chapter, the Hearing Officer shall assess the costs and incidental expenses incurred by the County for commencing any inspection or abatement actions against the responsible person as a financial penalty. The term "incidental expenses" includes, but is not limited to:
(1)
Personnel costs, both direct and indirect, including attorney fees and costs;
(2)
Costs incurred in documenting the violation;
(3)
Hauling, storage and disposal expenses;
(4)
Actual expenses and costs for the County in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and
(5)
The costs of any required printing and mailing.
E.
Upon a finding of liability or default, the County may commence collection proceedings against any responsible person to recover the costs of any inspection or abatement actions taken. The collection shall also allow for the recovery of the County's collection costs, including attorneys' fees, and interest at the rate of 8% per annum.
F.
As provided for in Chapter 1, Art. III, § 1-27, if the costs are not recovered by the County, the County may record a special lien against the title to the property upon which the building is located at the next tax roll. The lien shall include the costs of the improvements, any associated administrative costs, collection costs, including attorneys' fees, and interest at the rate of 8% per annum. Such lien shall be notice to all persons from the time of its recording and shall bear interest thereafter until satisfied.
A.
If any provision of this chapter is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
A.
Any authorized representative of the County charged with the enforcement of this chapter while acting for County and in good faith and without malice shall not thereby render himself or herself liable personally and is hereby relieved from all personal liability for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of official duties.
B.
Any suit instituted against the authorized representative because of an act performed by him in the lawful discharge of duties and under provisions of this chapter shall be defended by the legal representative of the County until the final termination of the proceedings.
C.
In no case shall the authorized representative be liable for cost in any action, suit, or proceedings that may be instituted in pursuance of the provisions of this chapter.
D.
The authorized representative, acting in good faith and without malice, shall be free from liability for acts performed under any provisions of this chapter or by reason of any act or omission in the performance of his official duties in connection thereto.
A.
This chapter shall take effect upon its passage.