[Amended 9-17-2013 by Ord. No. 2013-3067; 11-19-2019 by Ord. No. 2019-3431; 7-18-2023 by Ord. No. 2023-3713]
This Article 9 establishes regulations to protect the public
health, safety, and welfare in all existing structures, residential
and nonresidential, and on all existing premises by establishing minimum
requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection
from the elements, life safety, safety from fire and other hazards,
and for safe and sanitary maintenance; and fixes the minimum responsibility
of owners, operators and occupants, regulates the occupancy of existing
structures and premises and provides for administration, enforcement
and penalties.
The International Code Council, Inc., 2015 Edition of the International Property Maintenance Code is hereby adopted by reference as the property maintenance code for the Village and is hereby made a part of this Article 9 with the same force and effect as if fully set forth herein, except, however, those exceptions, insertions and additions described in Section 14-9-3 of this Code.
The following items are the additions, insertions and changes
to the International Property Maintenance Code:
Section 101.1 Title.
Delete all and insert "These provisions shall be known as the
International Property Maintenance Code of the Village of Lincolnwood
and shall be cited as such and will be referred to herein as 'this
code.' The Village of Lincolnwood shall be inferred whenever
the term 'Village' is used in this code."
Section 102.3 Application of other codes.
Delete all and insert "Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the International Building Code.
International Existing Building Code, Illinois Energy Conservation
Code, most current edition, International Fire Code, International
Fuel Gas Code, International Mechanical Code, International Residential
Code, Illinois Plumbing Code, most current edition and NFPA 70."
Section 102.7.2 Provisions in referenced codes and standards.
Delete all and insert "Where the extent of the reference to
a referenced code or standard includes subject matter that is within
the scope of this code, the provisions of this code, as applicable,
shall take precedence over the provisions in the referenced code or
standard."
Add (new section) "Exceptions:" and insert lines (1 through
2) as follows:
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"1.
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All references to the International Plumbing Code throughout
this code shall be deleted and referenced back to the Illinois Plumbing
Code, most current edition.
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"2.
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All references to the International Energy Conservation Code
throughout this code shall be deleted and referenced back to the Illinois
Energy Conservation Code, most current edition."
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Section 103.5 Fees.
Delete in its entirety.
Add (new section)103.5 Schedule of permit fees.
Delete all and insert "On buildings, structures, electrical,
gas, mechanical and plumbing systems or alterations requiring a permit,
a fee for each permit shall be paid as required, in accordance with
the Village's Annual Fee Resolution."
And insert lines (A, 1 through 3) as follows:
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"A.
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A fee for each plan examination, building permit and inspection
shall be paid prior to the issuance of permit(s) in accordance with
the following schedule:
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"1.
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Building permit fees are set forth in the Village's Annual
Fee Resolution.[1] Whenever the cost of construction is a factor in determining
a permit or plan review fee, the valuation of building projects shall
be established based on the greater of:
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"a.
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The cost of construction established by the International Code
Council (ICC) and published on its website. The most current schedule
shall be used based upon ICC published data; or
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"b.
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The cost of construction as stated by the applicant or agent
on the application for the relevant permit.
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"2.
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Building plan review fees are set forth in the Village's
Annual Fee Resolution. Further, an Amendment Form is required to be
submitted detailing the changes for any revisions from previously
approved plans. For building plans that have been previously reviewed,
and the permit issued, any revisions to the building plan that, based
upon the changes proposed require the review of two or more disciplines,
a plan review fee for the Amendment Form is set forth in the Village's
Annual Fee Resolution.
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"3.
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Recovery of Third-Party Costs. The Village may recover all third-party
vendor and consultant fees incurred by the Village for plan reviews
and subsequent inspections even if/when a permit is/was never issued."
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Section 106.4 Violation penalties.
Delete all and insert "Applicable penalties shall be as set
forth in the Village's Annual Fee Resolution."
Section 111 Means of Appeal.
Delete in its entirety and insert new section title 111
Appeals.
Add (new section) 111.1 General.
Insert lines (A, 1 through 3, B and C) as follows:
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"A.
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Any person shall have the right to appeal a decision of the
Building Official to the Village Manager. A letter for appeal shall
be based on a claim for one of the following three reasons:
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"1.
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That the true intent of this code or the rules legally adopted
thereunder have been incorrectly interpreted; or
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"2.
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The provisions of this code do not fully apply; or
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"3.
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An equivalent or better method of construction is proposed.
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"B.
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All appeals shall be filed within thirty days of the decision
of the Building Official.
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"C.
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The Village Manager shall affirm, modify, or reverse the decision
of the Building Official."
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Add (new section) 111.2 Application for appeal.
Delete all and insert "Any permittee who is served with a stop-work
order shall have the right to appeal the issuance of the stop-work
order to the Village Manager, by filing a written appeal within seven
days after the issuance of the stop-work order. The Village Manager
shall, within seven days after receipt of the properly filed appeal,
either (a) affirm the issuance of the stop-work order, or (b) rescind
or modify the stop-work order. The failure of the Village Manager
to render a decision within seven days shall be deemed as an affirmance
by the Village Manager of the issuance of the stop-work order. All
decisions of the Village Manager made pursuant to this Section 111.2
shall be final."
Section 112.4 Failure to comply.
Delete all and insert "Any person who shall continue any work
after having been served with a stop-work order, except such work
as that person is directed to perform to remove a violation or unsafe
condition, shall be liable to a fine as set forth the Village's
Annual Fee Resolution.
Add (new section) 301.4 Boarding up of openings in vacant
or occupied structures.
Insert "The boarding up of window and or door openings in vacant and occupied structures to protect said structure from the elements, to ensure security of the structure or to ensure the safety of the public shall be done only in accordance and in compliance with Section 14-9-4 of the Village Code."
Section 302.2 Grading and drainage.
Delete all and insert "All premises shall be graded and maintained
to prevent the erosion of soil and to prevent the accumulation of
stagnant water thereon, or within any structures located thereon,
or on any surrounding premises or structures. The grade of premises
shall not be altered by the storage of any type of soil, stone, chips,
or any other type of fill or material. Water shall not be allowed
to accumulate and remain stagnant in any equipment, storage, debris
or containers that may be present on the property.
"Exception: Approved retention areas and reservoirs."
Section 302.4 Weeds.
Delete all and insert "Premises and exterior property shall
be maintained free from weeds or plant growth in excess of six inches
in height."
Section 304.14 Insect screens.
Delete all and insert "During the period from April to November,
every door, window and other outside opening required for ventilation
of habitable rooms, food preparation areas, food service areas or
any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored shall
be supplied with approved tightly fitting screens of minimum 16 mesh
per inch (16 mesh per 25 mm), and every screen door used for insect
control shall have a self-closing device in good working condition.
"Exception: Screens shall not be required where other approved
means, such as air curtains or insect repellent fans, are employed."
Section 602.3 Heat supply.
Delete all and insert "Every owner and operator of any building
who rents, leases or lets one or more dwelling units or sleeping units
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from October to May to
maintain a minimum temperature of 68°F (20°C) in all habitable
rooms, bathrooms and toilet rooms."
Section 602.4 Occupiable work spaces.
Delete all and insert "Indoor occupiable work spaces shall be
supplied with heat during the period from October to May to maintain
a minimum temperature of 65°F (18°C) during the period the
spaces are occupied."
(A)
Board up request; permit required. From time to time, in order to protect a structure from the elements or to ensure the security of a structure, the owner or the owner's agent may deem it appropriate to board up windows or door openings. Prior to boarding up the window or door openings in any vacant or occupied structure located in any zoning district, the owner and/or the owner's agent shall contact the Department of Community Development and request a permit to install boarding under the procedures and standards outlined in this Section 14-9-4. The Director of Community Development shall review all requests to board up the door and window openings in structures and shall issue a permit therefor only under the procedures and standards established in this Section 14-9-4. Should damage occur to a structure during the nighttime hours, on weekends or at other times when the Director of Community Development is not available, the owner or the owner's agent may apply boarding as provided for in this Section 14-9-4, provided that application is made for a permit during the first business day following the board up action.
(B)
Board up permit; review procedures; issuance or denial. The Director
of Community Development shall review each board up permit application
to determine the potential for vandalism, structural damage due to
exposure to rain, wind and other elements of nature, the security
of the structure, the overall security and aesthetic impact on the
neighborhood and the need to provide light and ventilation for occupants.
If the Director of Community Development determines that boarding
up some or all of the window and door openings in a structure will
best serve to protect the structure, the safety and welfare of the
occupants, and the overall safety and security of the neighborhood,
a board up permit shall be issued to the owner or the owner's agent
and work may commence immediately to board up the structure under
the standards established in this section. If, however, the Director
of Community Development determines that boarding up window and door
openings is not necessary to protect the structure, or may threaten
the health, safety and welfare of residents or may adversely impact
the neighborhood, a board up permit shall be denied and the owner
or the owner's agent shall be instructed to proceed immediately with
normal window and door repairs so that the structure will remain safe
and secure and impervious to the elements. Such repairs to be accomplished
as provided for in the relevant sections of this Code.
(C)
Board up permit; duration; extension. No board up permit shall be
issued for a period greater than 120 days. The owner or the owner's
agent of a structure that has been boarded up at window or door who
anticipates a need to have the boarding remain for a period in excess
of 120 days shall, in writing to the Department of Community Development,
request an extension of the board up permit. Each extension request
shall include a detailed explanation of why the construction and/or
reconstruction, repair and reoccupancy of the building cannot be accomplished
within the original one-hundred-twenty-day permit period and include
a time table as to when the construction, repair or reoccupancy will
occur. The Director of Community Development may grant the requested
extension for a period not to exceed 60 additional days. Under extraordinary
circumstances, in order to protect the public health, safety and welfare,
the Director of Community Development may grant monthly extensions
of the board up permit thereafter.
(D)
Board up of windows and doors; when required. When necessary for causes due to wind damage, fire, vandalism or accident, the Director of Community Development may order any part or all of the openings at window and door of a structure to be securely boarded as per the standards provided for in this section. Whenever the Director of Community Development deems it necessary that all of or portions of the building be boarded at the window or door, written notice shall be provided to the owner or the owner's agent advising that the building must be secure within 72 hours as shall be deemed appropriate under the circumstances by the Director of Community Development. A board up order shall be issued on a standardized form similar to the form used for granting board up permits and shall contain the relevant information regarding the one-hundred-twenty-day time period, which shall constitute the normal permit period under the provisions of this Section 14-9-4. The owner and the owner's agent, if any, shall also be notified of: 1) the repairs required to the structure so that the boarding can be removed at the appropriate time; and 2) the procedure for securing an extension of the board up permit.
(E)
Board up standards. All exterior openings to buildings boarded up
under the provisions of this section shall be completed in a neat
and workmanlike manner with not less than one-half-inch thick weather-resistant
plywood cut to fit within the openings. The plywood shall be securely
fastened in place and suitably coated with an appropriate neutral
color, which will have the effect of blending the board up material
with or complementing the existing exterior colors of the building.
The coating applied shall render the boarding used to cover door and
window openings as inconspicuous as possible. Boarding up work, once
commenced following issuance of a permit, shall be completed, including
the application of an appropriate, neutral color to the exterior side
of the boarding material, without delay or interruption.
(F)
Notice of noncompliance. It shall be the duty of the Director of Community Development to notify the owner or the agent of any vacant structure not complying with the requirements set forth in this Section 14-9-4 of the necessity for compliance and providing written notice requiring the timely compliance with the provisions of this Section 14-9-4.
