[Ord. 356, 2-19-1990; amended by Ord. 363, 5-7-1990; Ord. 604; Ord. 671, 6-3-1996]
A. 
Definitions:
FENCE HEIGHT
The height of a fence, or of a wall used as a fence, measured at the ground level at the lowest grade level within three feet of either side thereof.
FENCE, OPEN
A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least 70% open space and 30% or less solid materials.
FENCE, ORNAMENTAL
An open fence, other than a chain-link fence, that is erected for decorative purposes only and is not intended to be used, either by itself or together with wire or other material, as an enclosure, barrier, or means of protection or confinement.
FENCE, SOLID
A fence that is not an open fence.
STRUCTURE
Anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, walls, fences (portable type fencing capable of enclosing an area of up to 100 square feet shall not be considered a "fence" or "structure"), billboards and poster panels, but in no case mobile homes.
B. 
Height Limit: No fence constructed or erected in the City, or any wall to be used as a fence, shall be more than six feet in height unless consent in writing is given by the City Council to permit an increased height.
C. 
Location Restrictions[1]: Fences may be located in those portions of rear and side yards as shown in exhibit A attached to the ordinance codified herein and incorporated herein by reference.
[1]
Editor's Note: See also Subsection 10-3-9F of this Code.
D. 
Construction Requirements:
1. 
Fence construction shall be stable, sound, compatible and consistent throughout. A fence having a finished or decorative side on one side only shall have such finished or decorative side facing away from the property on which the fence is intended to be located in order that passersby and persons viewing the fence from adjoining properties or from nearby public ways shall be able to see the decorative or finished side of the fence facing the viewer, rather than such side facing "in" toward the lot upon which the fence is located.
2. 
Decorative corner fencing is allowed so long as the same provides no visual obstruction and is of a length from the corner of the angle of the decorative fence to the end on the longest side being no longer than 10 feet, and so long as the highest part of said fence is no higher than four feet.
[Ord. 09-02-01-53, 2-2-2009]
The purpose of this article is to establish minimum requirements and standards for premises and structures in order to promote and protect the public health, safety, convenience, order and general welfare of the citizens of the City of Le Roy.
[Ord. 09-02-01-53, 2-2-2009]
This article shall apply to all existing structures and premises and constitute minimum requirements and standards for existing structures and premises.
[Ord. 09-02-01-53, 2-2-2009]
BUILDING
Any structure upon a property, presently or formerly used or intended to be used in whole or in part for residential uses or the purpose of commerce, trade, manufacture, business, government, worship, education, office, medical, storage or any other purpose.
CITY
The City of Le Roy, McLean County, Illinois.
CODE COMPLIANCE OFFICER (CCO)
The officer or officers who are authorized by law to exercise the powers prescribed by this article. This term shall be synonymous with code officer and public officer for purposes of this article.
COURT
A court of competent jurisdiction.
EMERGENCY
A condition which is a violation of this article and which constitutes an imminent danger calling for immediate action in order to avoid death, injury or illness to a human or the destruction or severe damaging of real or personal property.
GRAFFITI
Images or letters scratched, scrawled, painted or marked in any manner on property, which is unsightly and unwanted.
HAZARDOUS
A condition which is a violation of this article and which the CCO has determined to be likely to result in the death, injury or illness of a human or in severe damage to real or personal property.
INFESTATION
The presence of insects, rodents, vermin or other pest within or contiguous to a structure or property.
INSPECTOR
Any employee of the City of Le Roy whose responsibilities include enforcement of the provisions of this article.
OPERATOR
Any person who has charge, care or control of a dwelling, building, or structure, or part thereof, in which dwelling units are let.
OWNER
Any person, firm, corporation or entity who, alone or jointly or severally with others:
A. 
Has legal title to any property, dwelling, dwelling unit, building, or structure, with or without accompanying actual possession thereof; or
B. 
Has charge, care or control of any property, dwelling, dwelling unit, building, or structure, as owner or agent of the owner, prime tenant, real estate agent, mortgagor, bank, or as executor, executrix, Administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article to the same extent as the owner.
PROPERTY
Any lot, unit or parcel of land inclusive of any dwelling, building, structure or improvements located thereon. This also includes vacant lots that do not have any dwelling, building, structure, or improvement located thereon.
PUBLIC OFFICER
The officer or officers who are authorized by law to exercise the powers prescribed by this article. This term shall be synonymous with code officer and code compliance officer for purposes of this article.
PUBLIC RECORD
Deeds, mortgages, and other instruments or record relating to land titles.
RESPONSIBLE PERSON
An owner, operator, and/or a person or persons designated in this article as being responsible for meeting the standards of this article.
SAFE
A condition that is not likely to do harm to humans or to real or personal property.
SANITARY
The absence of a condition that is conducive to the spreading of disease or illness, or conducive to harboring insects, rodents, or other pests.
STRUCTURAL ALTERATIONS
Any change in the supporting members of a building such as bearing walls, columns, beams, or gutters, except repair or replacement of supporting members.
STRUCTURE
Anything constructed or placed upon a property which is supported by the ground or which is supported by any other structure, including, but not limited to, garages, sheds, and racks, but not including a currently operable licensed vehicle, trailer, or recreational vehicle.
UNFIT FOR HUMAN HABITATION
Designation of dwellings or dwelling units as so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that such create a serious hazard to the health or safety or which lack illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or the public. This term shall specifically include, but not be limited to, dwellings or dwelling units that lack basic sanitation such as connection to public or other potable water and City sewer or septic service.
UNSAFE
A condition that is reasonably likely to do harm to humans or property if not corrected or stopped.
[Ord. 09-02-01-53, 2-2-2009]
The code compliance officer (CCO) and his/her designee are hereby authorized and directed to administer and enforce all the provisions of this article. Failure to comply with any requirement of this article shall constitute a violation subject to citation and penalty as provided herein.
Upon the first violation of any of the provisions of this article, a warning citation shall be issued by the CCO. Upon the second violation of any of the provisions of this article, a citation shall be issued.
Upon conviction by a court of competent jurisdiction, the offending person will be guilty of a criminal misdemeanor and shall be subject to criminal penalties not to exceed $750. No imprisonment for any violator under the age of 18 is permitted.
Each violation of this article shall constitute a separate offense. Additionally, each day of noncompliance with the terms of this article is considered a separate offense.
Nothing contained in this section shall be construed to preclude the City of Le Roy from pursuing any and all other remedies provided by law, including, but not limited to, pursuit of a restraining order, injunction, abatement, or other appropriate legal action, or proceeding through a court of competent jurisdiction to prevent, restrain, or abate the unlawful use or activity.
[Ord. 09-02-01-53, 2-2-2009]
A. 
IBC 2006 Building Code Regulations: All applicable dwellings, buildings, and structures must conform to the international building code (IBC), 2006.
B. 
Violation Of The NEC 2005 Electrical Code: All applicable dwellings, buildings, and structures must conform to the national electrical code (NEC), 2005.
C. 
Violation Of The IRC 2006 Residential Code: All applicable dwellings, buildings, and structures must conform to the international residential code (IRC), 2006.
D. 
Unsafe Or Abandoned Buildings: All buildings that are detrimental to the health, safety or welfare of the residents of the City of Le Roy and that have any or all of the following defects shall be deemed "dangerous buildings".
1. 
A building with interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base.
2. 
A building that, exclusive of the foundation, shows 33% or more damage or deterioration of the supporting member or members or 50% damage or deterioration of the nonsupporting enclosing or outside walls or covering.
3. 
A building that has improperly distributed loads upon the floors or roofs, or in which the same are overloaded or that have insufficient strength to be reasonably safe for the purpose used.
4. 
A building that has been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the City.
5. 
A building having light, air and sanitation facilities that are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
6. 
A building that has inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other adequate means of evacuation.
7. 
A building that has parts thereof that are so attached that they may fall and injure members of the public or property.
8. 
A building that because of its condition is unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
E. 
Fences: Fences and walls shall be maintained in a structurally sound condition and in good repair. Fences shall be free from loose or rotting materials and shall have braces and supports attached or fastened in accordance with common building practices. Fences and walls must be properly located as indicated by this chapter.
F. 
Building Numbering: Owners of every dwelling, building, and structure must have placed thereon, visible from the street, figures a minimum of 2 1/2 inches high showing the number of the structure located at building front; near front entrance, materials weather resistant and colors of sufficient contrast to the mounting surface to be easily seen from the street.
G. 
Unoccupied Structure Security: A dwelling, building, or structure that is not physically occupied by a person, or any such part thereof, shall be kept secured by the owner against unauthorized entry and water damage.
H. 
Swimming Pool(s): Stagnant water in swimming pools conducive to the breeding or harboring of mosquitoes or other insects shall not be permitted or maintained on any property.
I. 
Outdoor Storage: There shall not be maintained on a property for more than 15 calendar days any used or damaged lumber, junk, trash, garbage, debris, scrap metal, concrete, sand, asphalt, cans, bottles, tires, salvage materials, boxes, containers, bins, abandoned, discarded, inoperative or unusable furniture, stoves, refrigerators, freezers, sinks, toilets, cabinets or other household fixtures, yard waste or equipment stored, all of which is visible from any public road or from an adjoining property. Nothing herein shall preclude the storage of stacked firewood for use on the property. This section shall not apply to construction sites for which all applicable permits have been issued by the City and such storage is compliant with all other applicable rules and regulations.
J. 
Health And Sanitation: Property shall be sanitary and free of garbage and refuse accumulations such as decayed animal or vegetable matter, trash, rubbish, decaying lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed, or which constitutes a fire hazard.
K. 
Graffiti: Any person who causes graffiti to appear on property shall be subject to penalty under this article, as well as all other applicable criminal laws. The owner of the property on which the graffiti appears shall be responsible for removal of the graffiti, whether by cleaning the graffiti off, painting over the graffiti, or otherwise. Failure by the property owner to remove the graffiti within 15 days of written notice to do so by the CCO shall constitute a violation of this article by the property owner.
L. 
Owner Responsibility For Maintenance: The owner of a property shall be responsible for complying with the standards set forth in this article, except as otherwise stated in this article.
M. 
Unfit Dwellings Or Buildings: Any dwelling or building which has any or all of the following defects shall be deemed unfit for human habitation:
1. 
Any dwelling or building whose walls or vertical members list, lean, or buckle to such an extent that a plumb line suspended from the top edge of such member shall fall outside of a distance from the edge equal to 1/3 of the thickness of such walls or vertical members.
2. 
Any dwelling or building which has support member or members which have deteriorated to such an extent as to be unable to safely support the applied loads or which have 40% damage or deterioration of the nonsupporting, enclosed, or outside walls or covering.
3. 
Any dwelling or building which has improperly distributed loads upon the floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
4. 
Any dwelling or building which has been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants.
5. 
Any dwelling or building which has parts thereof which are so attached that they may fall and injure persons or property.
6. 
Any dwelling or building which does not have an unobstructed means of egress leading to an open space at ground level, whether such unobstructed egress is at ground level or via steps to ground level.
7. 
Any dwelling or building which has wiring that is dangerous due to lack of insulation, improper fuses, inadequate grounding, lack of capacity of wires or other dangerous electrical conditions.
N. 
Renting An Unfit Dwelling Or Building: It shall be unlawful for any owner or any party in interest of a dwelling or of a building to rent or offer for rent any dwelling or building or rooming unit which is unfit for human habitation for any reason set out in this article due to dilapidation, leaking water lines, leaking gas lines, electrical defects increasing hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwelling or building or rooming unit unsafe or unsanitary or dangerous. All dwellings must have a minimum of two means of egress to the outside.
[Ord. 09-02-01-53, 2-2-2009]
A. 
Application And Interest: This article is intended to provide additional enforcement authority to the City of Le Roy in accordance with the abatement of nuisance provisions set forth in Title 4 of this Code. The remedies provided in Title 4 of this Code are in addition to those remedies available to the City for violations of this article under Title 1, Chapter 1-4, of this Code. It is intended that violations of this article shall be addressed according to Title 1, Chapter 1-4, of this Code as a general matter; and that only those properties that fail to come into compliance and which constitute a nuisance as such is defined by state law and under the terms of this article will resort to the enforcement remedies provided in Title 1, Chapter 1-4, of this Code.
B. 
Purpose And Authority: The City intends that this article shall comport with, and be susceptible to enforcement under, Title 1, Chapter 1-4, of this Code. Pursuant thereto, if it is found and declared that there is the existence or occupancy of dwellings or other building or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use and are inimical to the welfare and are dangerous and injurious to the health, safety, and welfare of the people of this City; and that a public necessity exists for the repair, closing, or demolition of such dwellings, buildings, or structures, then these conditions shall be corrected or eradicated. It is further found and declared that where there is in existence a condition or use of property which renders adjacent property unsafe or inimical to safe human habitation, such use is dangerous and injurious to the health, safety, and welfare of the people of this City and a public necessity exists for the repair of such condition or the cessation of such use which renders the adjacent property unsafe or inimical to safe human habitation.
Such dwellings, buildings and properties may be deemed unfit due to the following reasons: dilapidation and not in compliance with applicable codes; defects increasing the hazards of fire, accidents, or other calamities; lack of adequate ventilation, light or sanitary facilities; properties that have an accumulation of trash, junk, filth, and/or other unsanitary or unsafe conditions which create a public health hazard or a general nuisance to those persons residing in the vicinity; other conditions resulting in a violation of this article which renders such dwellings, buildings, or property unsafe, unsanitary, dangerous or detrimental to the health, safety, or welfare, or otherwise inimical to the welfare of the residents of the City; or vacant, dilapidated dwellings or buildings.
C. 
Complaint Relating To Unfit Dwellings Or Structures: Whenever a request is filed with the CCO by a public authority or by at least five residents of the City charging that any dwelling or building is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the CCO shall make an investigation or inspection of the specific dwelling, building, structure, or property.
If the CCO's investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; or constitutes an endangerment to the public health or safety as the result of unsanitary or unsafe conditions, the CCO may issue a complaint in rem, or in personam against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the interested party/parties for such dwelling, building, or structure.
The complaint shall identify the subject real property by appropriate street address and official parcel number reference; identify the interested parties; state with particularity the factual basis for the action; and contain a statement of the actions sought by the CCO to abate the nuisance. The summons shall notify the interested parties that a hearing will be held before the court at a date and time certain and at a place within the county where the property is located. Such hearing shall be held not less than 15 days nor more than 60 days after the filing of said complaint in the court. The interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place fixed for the hearing.
D. 
Service Of Complaints:
1. 
Complaints issued by the CCO pursuant to this article shall be served in the following manner. At least 14 days prior to the date of the hearing, the CCO shall mail copies of the complaint by certified mail or statutory overnight delivery, return receipt requested, to all interested parties whose identities and addresses are reasonably ascertainable.
2. 
Copies of the complaint shall also be mailed by first class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date of the hearing.
3. 
For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in a newspaper in which the City's advertisements appear in Le Roy, Illinois, once a week for two consecutive weeks prior to the hearing.
4. 
A notice of lis pendens shall be filed in the office of the Clerk of the circuit court in McLean County at the time of filing the complaint in the circuit court. Such notice shall have the same force and effect as other lis pendens notices provided by law.
5. 
Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this section on any interested party who answers the complaint or appears at the hearing.
E. 
Orders Of The Court: If, after notice and hearing as provided above, the court determines that the dwelling or building under consideration is unfit for human habitation or is unfit for its current commercial, industrial, or business use; or is vacant, or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the court shall issue an order that states in writing its findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing, an order as follows:
1. 
If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building or structure, the owner shall within the time specified in the order, repair, alter or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation, and, if applicable, to secure the structure; or
2. 
If the repair, alteration, or improvement of the said dwelling, building, or structure cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, the owner shall, within the time specified in the order, demolish and remove such dwelling, building, or structure and all debris from the property.
3. 
For purposes of this section, the court shall make its determination of "reasonable cost in relation to the present value of the dwelling, building, or structure" without consideration of the value of the land on which the structure is situated; provided, however, that costs of the preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status of the owner shall not be a factor in the court's determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with an Illinois appraiser classification as provided in 225 Illinois Compiled Statutes 457/1 et seq. Two qualified building contractors, or three qualified building inspectors, without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the costs necessary to bring the structure into compliance with the applicable codes relevant to the cited violations enforced in the jurisdiction.
F. 
Failure To Comply With Order Of The Court: If the owner fails to comply with an order of the court to repair, alter, improve, remove, close, or demolish the dwelling, building, or structure, the CCO may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited, by a court order issued pursuant to City ordinances, or any other equitable relief granted by a court of competent jurisdiction, shall not be counted toward the 270 days in which such abatement action must commence. The CCO shall cause to be posted on the main entrance of the dwelling, building, or structure a placard with the following words:
This building is unfit for human habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent endangerment to public health or safety as a result of unsanitary or unsafe conditions. The use or occupation of this dwelling, building, or structure is prohibited and unlawful.
G. 
Salvage Of Reusable Materials: If the CCO has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any money shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid, according to Title 1 of this Code. The CCO and all City employees and officials are relieved of any and all liability resulting from, or occasioned by, the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials.
H. 
Lien On Property:
1. 
The cost of repairing, altering, improving, removing, closing, or demolishing the dwelling, building, or structure incurred by the CCO in accordance with exercising his/her authority as described in this article, including all court costs, appraisal fees, administrative costs incurred by the City, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. Said lien shall attach to the real property upon the filing of a certified copy of the order requiring repair, closure, or demolition in the office of the Clerk of the circuit court of McLean County and shall relate back to the date of the filing of the lis pendens notice required in this article. The Clerk of the circuit court shall record and index such certified copy of the order in the deed records of the county and enter the lien on the general judgment docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue to force until paid.
2. 
Upon final determination of costs, fees, and expenses incurred in accordance with this section, the CCO shall transmit to the City a statement of the total amount due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the CCO shall be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the City to collect the amount of the lien using all methods available for collecting real property ad valorem taxes; provided, however, that any limitation of the Illinois revenue or foreclosure acts, which requires a waiting period for delinquency before commencing a tax foreclosure, shall not apply.
3. 
Enforcement of liens pursuant to this section may be initiated at any time following receipt by the City of the final determination of costs. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to statute for delinquent ad valorem taxes may include all amounts due under this section.
4. 
The redemption amount in any enforcement proceeding pursuant to this article shall be the full amount of the costs as finally determined in accordance with this section, together with interest, penalties, and costs incurred the City in the enforcement of such lien, including reasonable attorney fees.
I. 
Waiver Of Lien: The City may waive and release any lien imposed on property if the owner of such property enters into a contract with the City agreeing to a time table for rehabilitation of the real property or the dwelling, building, or structure on the property and demonstrating the financial means to accomplish such rehabilitation.