Village of Oakwood, IL General Requirements

Scope. The provisions of this article shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in §§ 210-19 and 210-20. A person shall not occupy as owner-occupant or permit another person to occupy premises which do not comply with the requirements of this article.

Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.

Any structure with a foundation which has been damaged to such an extent that the foundation must be removed shall only be replaced with a structure with a permanent foundation.

[Added 10-10-2011 by Ord. No. 11-10-10-2]

§ 210-15 Definitions.

The following words and terms shall, for the purposes of this article and as stated elsewhere in this code, have the meanings shown herein:

BASEMENT

That portion of a structure which is partly or completely below grade.

BOARDING

To secure any opening at ground level or below from unauthorized persons, in a manner approved by the Building Inspector and described in § 210-8B.

EXTERIOR PROPERTY

The open space on the premises and on adjoining property under the control of owners or operators of such premises.

EXTERMINATION

The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

GARBAGE

The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

INFESTATION

The presence within or contiguous to a structure or premises of insects, rats, vermin or other pests.

LET FOR OCCUPANCY or LET

To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land.

OCCUPANT

Any person living or sleeping in a building, or having possession of a space within a building.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

PERSON

An individual, corporation, partnership or any other group acting as a unit.

PREMISES

A lot, plot or parcel of land, including any structure thereon.

PUBLIC NUISANCE

Includes the following:

The physical condition or occupancy of any premises regarded as a public nuisance at common law; or

Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures, or

Any premises that has unsanitary sewerage or plumbing facilities; or

Any premises designated as unsafe for human habitation; or

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

Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or for which the required precautions against trespassers have not been provided; or

Any premises that are unsanitary, or that are littered with rubbish or garbage, or that have an uncontrolled growth of weeds; or

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

Any condition defined as a nuisance in Chapters 200, Nuisances, and 231, Article I, Solid waste collection and disposal, of the Oakwood Village Code.

RUBBISH

Combustible and noncombustible waste materials, except garbage; combustible materials, paper, rags, cartons, boxed wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass, crockery and dust and other similar materials.

VILLAGE

The Village of Oakwood, Illinois.

YARD

An open space on the same lot with a structure.

§ 210-16 Exterior property areas.

Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition free from any accumulation of rubbish or garbage not placed in acceptable receptacles. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition free from any accumulation of rubbish or garbage not placed in acceptable receptacles. Specifically included as "rubbish" under the provisions of this section shall be any article of furniture, any appliance, or other items that, in the opinion of the Building Inspector, were originally designed and constructed to be used inside of a structure protected from the weather. Any such item, when located outside an enclosed weatherproof structure, shall represent a violation of this chapter and shall be subject to any penalties described herein. Additionally, employees of the Village may, with specific authorization from the Village President, enter upon private property for the specific purpose of removing any item(s) deemed to be in violation of this chapter by the Building Inspector, after giving a written notice to the owner and/or occupant of the premises as described in § 210-7 of this code. The Village shall have the right to use whatever legal means are otherwise available to it under the state statutes to recover any expense incurred as part of any rubbish or garbage removal operation allowed by this code.

Grading and drainage. All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: water retention areas and reservoirs approved by the Building Inspector.

Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas located on or adjoining the subject premises shall be kept in a proper state of repair, and maintained free from hazardous conditions by the owner of said premises. Stairs shall comply with the requirements of § 210-17J and § 210-18E.

Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetables, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

Rat harborage. All structures and exterior property shall be kept free from rat infestation. Where rats are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.

Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.

Motor vehicles. Inoperable motor vehicles, as defined in Chapter 265, Vehicles and Traffic, Article II, of the Oakwood Village Code shall not be located on private property. Motor vehicles in violation of Chapter 265, Article II, shall also represent a violation of this chapter. Notwithstanding any other ordinance to the contrary adopted prior to the effective date of this chapter, parking of operable motor-driven vehicles shall only be permitted on approved parking lots and accessways with paved surfaces. Such parking areas and accessways shall be designed and constructed in a manner acceptable to the Department. Parking areas and accessways for single-family residential uses may be constructed of crushed rock according to plans approved by the Department. Accessways and parking areas for single-family residential uses shall not cover more than 30% of the required front yard setback area for the zoning district in which the subject use is located. Under no circumstances shall a motor vehicle ascend over a curb in order to reach a parking area or accessway.

§ 210-17 Exterior structure.

General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.

Street numbers. Each structure to which a street number has been assigned shall have such number displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals at least three inches (76 mm) high and with 1/2-inch (13 mm) stroke.

Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition as to prevent the entry of rats.

Exterior walls. All exterior walls shall be free from holes, breaks, loose or rotting materials, and maintained weatherproof and properly surface-coated where required to prevent deterioration.

Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof water shall not be discharged in a manner that creates a public nuisance.

Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

Overhang extensions. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by period application of weather-coating materials, such as paint or similar surface treatment.

Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

Window and door frames. Every window, door and frame shall be kept in sound condition, good repair and weathertight.

(1)

Glazing. All glazing materials shall be maintained free from cracks and holes.

(2)

Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. Every window capable of being opened shall have a locking device maintained in a workable condition.

Insect screens. During the period from April 1 to October 1, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing 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 not less than 16-mesh per inch, and every swinging door shall have a self-closing device in good working condition. Exception: Screen doors shall not be required for out-swinging doors or other types of openings which make screening impractical, provided that other approved means, such as air curtains or insect repellent fans, are employed.

Doors. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.

Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rats, rain and surface drainage water.

Guards for basement windows. Every basement window that is openable shall be supplied with ratproof shields, storm windows or other approved protection against the entry of rats.

§ 210-18 Interior structure.

General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structures and exterior property.

Structural members. The supporting structural members of every structure shall be maintained structurally sound, and be capable of supporting the imposed loads.

Interior surfaces.

(1)

All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface conditions shall be corrected.

(2)

Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water and to permit such floor to be easily kept in a clean and sanitary condition.

Lead-based paint. Interior and exterior painted surfaces of dwellings and child and day-care facilities, including fences and outbuildings, which contain lead levels equal to or greater than 1.0 milligram per square centimeter or in excess of 0.50% lead by weight shall be maintained in a condition free from peeling, shipping and flaking paint or removed or covered in an approved manner. Any surface to be covered shall first be marked with warnings as to the lead content of such surface.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Stairs and railings. All interior stairs and railings shall be maintained in sound condition and good repair.[2]

[2]

Editor's Note: Original Subsection 305.6, Handrails and guards, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 210-19 Rubbish and garbage. [1]

The collection and disposal of rubbish and garbage shall comply with the requirements of Chapter 231, Solid Waste, Article I, of the Village Code.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 210-20 Extermination.

Infestation.

(1)

All structures shall be kept free from insect and rat infestation. All insects, rats or other such vermin found shall be promptly exterminated by approved processes that will not be injurious to human health. After examination, proper precautions shall be taken to prevent reinfestation.

(2)

Continued rat infestation. Continuing to repeated incidents of rat infestation determined from the official records as provided in § 210-5K of this code shall require the installation of rat- and verminproof walls. The rat- and verminproof walls shall be installed in accordance with the Building Code.

Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.

Single occupancy. The occupant of a structure containing a single dwelling unit or of a single nonresidential structure shall be responsible for extermination on the premises.

Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure having more than one tenant shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.

Occupant. The occupant of any structure shall be responsible for the continued ratproof condition of the structure; and if the occupant fails to maintain the ratproof condition, the cost of extermination shall be the responsibility of the occupant.