[11-20-2017]
The following definitions shall apply in the interpretation
and enforcement of this chapter:
APARTMENT
A dwelling unit having both bathroom and kitchen facilities.
APPROPRIATE AUTHORITY
That person within the governmental structure of the corporate
unit who is charged with the administration of the appropriate code.
APPROVED
Approved by the local or state authority having such administrative
authority.
ATTIC
Any story situated wholly or partly within the roof, and
so designed, arranged or built as to be used for business, storage,
or habitation.
BASEMENT
A portion of a building located partly or wholly above grade
and having half or more than half of its clear floor-to-ceiling height
above the average grade of the adjoining ground.
BUILDING
A fixed structure with walls, foundation and roof, such as
a house, factory, garage, etc.
CELLAR
A portion of a building located partly or wholly below grade
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
CERTIFICATE OF COMPLIANCE
A document issued by the Village after inspections performed
either pursuant to this Title or other provisions of the ordinances
of the Village, showing that the premises conform to the ordinances
of the Village.
COMMERCIAL BUILDING
Any building or premises use to conduct a business or manufacture
or to store goods or merchandise.
DILAPIDATED
No longer adequate for the purpose or use for which it was
originally intended.
DWELLING
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.
DWELLING UNIT
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,
including one- and two-family rental units and multiple-family dwelling
units.
ENFORCEMENT AUTHORITY
That person or persons assigned to administer enforcement
of this chapter or the referenced codes by the Mayor of the Village
of Thornton.
FAMILY
One or more individuals occupying a single dwelling unit;
provided that, unless all members are related by blood, marriage,
legal adoption or are foster children, no such family shall contain
over three persons; and not more than two guests or roomers, whether
gratuitous or nongratuitous, may be housed. The term "family," as
regards the number of persons residing within a dwelling unit, shall
be further regulated by the necessary minimum requirements of the
Zoning Ordinance of the Village of Thornton and the adopted codes herein
referenced.
GRADE
The finished ground level adjacent to a required window.
HABITABLE ROOM
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 with less than 50 square feet of floor space, foyers
or communicating corridors, stairways, closets, storage spaces and
workshops, hobby and recreation areas or other areas that clearly
cannot be used or intended to be used for living, sleeping, cooking,
or eating purposes.
HOUSEHOLD
One or more individuals living together in a single dwelling
unit and sharing common living, sleeping, cooking and eating facilities.
(See also "family.")
HOUSING INSPECTOR
The person who is acting as an inspector for the enforcement
of this chapter of the Village of Thornton or a Fire Department employee
assigned as a fire inspector by the Fire Chief, and any other persons
assigned code enforcement inspection duties by their supervisors.
OCCUPANT
Any individual, over one 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.
OPERATOR
Any person who has charge, care, control, or management of
a building, or part thereof, in which dwelling units or rooming units
are let or offered for rent or other consideration.
OWNER
A.
Any person who, alone or jointly or severally with others:
1.
Shall have legal title to any premises, dwelling or dwelling
unit, with or without accompanying actual possession thereof; and
2.
Shall have charge, care, or control of any premises, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, manager, trustee, or guardian of the estate of the
owner.
B.
Any such person thus representing the actual owner shall be
found to comply with the provisions of this chapter, and of rules
and regulations adopted pursuant thereto, to the same extent as if
he were the owner.
PERMISSIBLE OCCUPANCY
The maximum number of individuals permitted to reside in
a dwelling unit, rooming unit or dormitory.
PERSON
Includes any individual, firm, corporation, association,
and partnership, cooperative or governmental agency.
PREMISES
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.
PUBLIC NUISANCE
Includes the following:
A.
The physical condition or use of any premises regarded as a
public nuisance at common law.
B.
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, basements, excavations,
and unsafe fences or structures, abandoned vehicles, unsecured and
unattended swimming pools, appliances, furniture or other such items.
C.
Any premises which have unsanitary sewerage or plumbing facilities.
D.
Any premises designated as unsafe for human habitation or use.
E.
Any premises which are manifestly capable of being a fire hazard
or are manifestly unsafe or unsecured as to endanger life, limb or
property.
F.
Any premises from which the plumbing, heating and/or facilities
required by Village adopted codes have been removed, or from which
utilities have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided.
G.
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds.
RENTAL
Any structure owned by another and occupied or used, for
a fee or without a fee, by:
A.
Any person unrelated to the owner (as defined in Subsection
A1 of the definition of "owner" in this section) by blood, marriage
or legal adoption; or
B.
Any copartnership, firm, or corporation; or
ROOMING UNIT
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
purposes.
SHORT-TERM
A period of time of a short duration, such as a visitor visiting
for a week, but not to exceed 30 days.
TENANT
A person, persons, copartnership, firm, corporation or other
entity occupying or using a building premises or any part or parts
thereof owned by another, for a fee or without a fee.
[11-20-2017]
All one- and two-family rental dwelling units and multiple-family
dwelling units and commercial buildings located within the Village
of Thornton shall be inspected as follows:
A. Each commercial and residential rental property shall be inspected in accordance with the provisions of §
7-11-2 once each year (unless a Type 1 residential license is issued) for the purpose of determining compliance with the building and property maintenance codes of the Village of Thornton, and this annual inspection shall serve as the occupancy compliance and licensing inspection.
1. On first application, each rental unit requiring inspection under
this chapter shall be inspected as soon as possible, and the compliance
inspection and license required under this chapter shall be active
until the license is issued or for six months, whichever is greater.
Every relicensing or compliance inspection following such inspection
shall be annually thereafter, except a Type 1 license, which is every
two years.
2. Inspections may be made at a time other than stated above, on the
request of the owner or receipt of a documented complaint as to a
condition not complaint to the property maintenance standards.
B. Multiple rental dwellings (i.e., apartments). Inspections of multiple
dwellings shall be performed annually, with the units to be inspected
chosen at random. The number of dwellings required to be inspected
shall be determined using the current year's inspection results
and then applying the following:
1. 25% of dwelling units must be inspected annually if the average number
of violations per dwelling unit and its common areas equal three or
fewer violations.
2. 50% of dwelling units must be inspected annually if the average number
of violations per dwelling unit and its common areas equal four to
five violations.
3. 100% of dwelling units must be inspected annually if the average
number of violations per dwelling unit and its common areas equal
six or more violations.
4. In addition to Subsection
C, when the average number of violations per dwelling unit and its common areas equal six or more violations, 100% of the dwelling units must be inspected within 60 days of the current inspection.
5. Thorncreek Senior Living exemption. Thorncreek is exempt from dwelling
inspections due to county, state, and federal requirements and inspections.
C. Single-family rental dwellings. An inspection of a single-family
rental dwelling shall be performed at least every other year.
1. If the number of violations found on the premises equals three or
fewer, the property qualifies for a Type I license (two-year period).
2. If the number of violations found on the premises equals four or
more, the premises must be inspected within the next twelve-month
period (Type II license).
D. The Village enforcement authority or his designee shall conduct annual
inspections of common areas of multiple dwellings. The inspection
of the common area shall include, but is not limited to, all hallways,
stairways, lobbies, utility rooms, laundry rooms, storage rooms, recreation
rooms, grounds, refuse areas, parking areas, building extensions,
signs and other areas designed for common use by dwelling unit occupants.
Such inspections are for the purpose of enforcing this chapter and
any other sections of this Code applicable or pertaining thereto.
[11-20-2017]
Any owner, occupant, operator, or agent of a dwelling, dwelling
unit, rooming unit, or commercial building who has received a notice
of an alleged violation of this chapter shall be subject to a penalty
of not less than $500 per day nor more than the maximum amount allowed
by state statute for ordinance violations.
[11-20-2017]
Whenever, in the judgment of the Housing Inspector, 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 Housing Inspector may act to correct or abate the emergency.
A. Notice served. Immediately after the violation is corrected by the
Housing Inspector under the procedure described in the above paragraph,
the Inspector's supervising authority, or their designee, shall
serve or cause to be served a copy of the order on the owner or manager,
pursuant to the procedures outlined in this chapter.
B. Order. The order issued under this section of this chapter shall:
1. Contain a description of the dwelling sufficient to identify and
locate it;
2. Set out the particulars of the violation and the reasons why such
violation constituted an urgent hazard to the health and safety of
any person;
3. Have appended thereto a statement from the Inspector setting out
the measures taken by the Village and the amount expended by the Village
in so doing; and
4. Contain notice of the appellate procedures contained in this chapter.
C. Recovery of costs. When repairs are made or other corrective action
taken at the direction of the Housing Inspector, the cost of such
repairs and corrective action shall constitute a debt in favor of
the Village of Thornton against the owner of the repaired structure.
In the event such owner fails, neglects or refuses to pay the Village
of Thornton the amount of this debt, it shall be recoverable in a
civil action against the owner or his successor, brought in a court
of competent jurisdiction by the Village of Thornton, which shall
possess all rights of a private creditor, or any other means of collection
available to municipal corporations as set forth in the Illinois State
Statutes.
D. Liens. In addition to other methods of recovery, the cost of repair
or other corrective action incurred by the Village is recoverable
from the owner or owners of such real estate and is a lien thereon,
which lien is superior to all prior existing liens and encumbrances,
except taxes; provided that, within 60 days after such repair or corrective
action, the Village shall file a notice of lien of such costs and
expenses incurred in the office of the Cook County Recorder of Deeds.
The notice of lien must consist of a supporting statement setting
out:
1. A description of the real estate sufficient for identification thereof;
2. The amount of money representing the cost; and
3. The date or dates when the cost and expense were incurred by the
Village.
E. Upon payment of the cost and expense by the owner of or persons interested
in the property, after a notice of lien has been filed, the lien shall
be released by the Village, and the release may be recorded with the
Cook County Recorder of Deeds. As in the case of filing a notice of
lien, the lien may be enforced by proceedings to foreclosure as in
the case of mortgages or mechanic's liens. Suit to foreclosure
of such lien must be commenced within three years after the date of
filing a notice of lien.