There is adopted by the Village for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the "International Building Code," published by the International Code Council (ICC), as amended, and the whole thereof, save and except such portions as are deleted, modified or amended in this chapter, and the same are adopted and incorporated as fully as if set out at length in this chapter. The provisions thereof shall be controlling within the corporate limits of the Village regarding the construction of all buildings and other structures therein set forth.
[HISTORY: Adopted by the Board of Trustees of the Village of Tilton as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 11.04 of the Village Code]
Wherever the word "municipality" is used in the International Building Code, it means the Village of Tilton.
Whenever the word "Building Official" is used in the International Building Code, it means the Building Inspector.
The Building Inspector shall enforce the provisions of the International Building Code in the Village.
The Building Inspector and the Village Clerk shall each keep on file in his office three copies of the International Building Code, as amended, which shall be available for inspection.
All work done on any construction, alteration, removal or demolition of any buildings or structures shall be performed in a workmanlike manner.
For the permits provided in the International Building Code, a fee of a minimum of $10 and a maximum of $100 shall be paid to the Village Clerk or to the Building Inspector.
A.
A person who violates a provision of the International Building Code or fails to comply therewith or with any of the requirements thereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired a building or structure or portion thereof in violation of a detailed statement or plan submitted and approved thereunder or of a permit or certificate issued thereunder, shall be fined in accordance with Chapter 55, Penalties and Enforcement, of the Village Code. In addition, the owner of a building or structure or portion thereof, or of the premises where anything in violation of the International Building Code is placed or exists, and an architect, engineer, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation shall each be guilty of a separate offense and upon conviction thereof shall be fined in accordance with Chapter 55, Penalties and Enforcement, of the Village Code. A separate offense shall be deemed committed on each day on or during which a violation occurs or continues.
B.
The imposition of the penalties prescribed by this section shall not preclude the Village from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct, business or use in or about any premises.
[Adopted 3-20-2014 by Ord. No. 2014-03-20 (Ch. 11.20 of the Village Code)]
As used in this article, the following terms shall have the meanings indicated:
Any building, shed, fence or other man-made structure:
Which is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures;
Which, because of its faulty construction, age, lack of proper repair or any other cause, is especially liable to fire, and constitutes or creates a fire hazard;
Which, by reason of faulty construction, age, lack of proper repair or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such a structure;
Which, because of its condition or because of lack of doors or windows, is available to be frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
A.
Any such dangerous building in the Village is declared to be a nuisance.
B.
It is unlawful to maintain or permit the existence of any dangerous building in the Village; and it is unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Whenever the Building Inspector, Fire Chief, Village health officer or any other officer or employee of the Village finds that any building or structure in the Village is a dangerous building, he shall file a written statement to that effect with the Village Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by registered mail or by personal service. Such notice shall state that the building has been declared to be in a dangerous condition, and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied at once. Such notice may be in the following form:
To: (owner/occupant of the premises) of the premises known and described as _____. |
You are hereby notified that (describe building) on the premises above described has been condemned as a nuisance and a dangerous building after inspection by _____. |
The causes for this decision are (here insert the facts leading to the determination of a dangerous condition). |
You must remedy this condition or demolish the building immediately, or the Village will proceed to do so. |
B.
If the person receiving such notice has not complied with the notice within 10 days from the time this notice is served upon such person by personal service or by registered mail, the Village, or its agents or assigns may, upon order of the Mayor proceed to remedy the condition or demolish the dangerous building.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any building or structure within the Village which has been or may be damaged by fire or decay, and which has been inspected by the Fire Chief and the Building Inspector states that, in his/her opinion, the building or structure has been damaged to over 50% of its value shall be destroyed or removed.
B.
Upon written notice by the Building Inspector, Village health inspector, Fire Chief or any other Village employee filed with the Village Clerk, the Clerk shall notify the Mayor of the receipt of such notice. The Mayor shall appoint a committee of persons to determine whether or not such building or structure has been damaged to the extent of over 50% of its value. A copy of the notice filed by the Village officer, together with a notice of appointment of this committee of three persons to determine the damage, shall be served upon the owner of the premises by personal service or by registered mail to his last known address.
C.
Such notice may be in substantially the following form:
To: |
You are hereby notified that _____ has determined that the building owned by you at _____ located within the fire limits of the Village has been damaged by fire, decay or otherwise to the extent of over 50% of its value; and that a board of three members has been appointed to verify this finding; which board will hold its first meeting in the Village Hall on _____ day of _____ at the hour of _____ o'clock, at which time it will determine whether this finding is correct. If this finding is verified by the board, you must tear down and remove said building. |
D.
If the board of three members determines the building in question has been damaged to the extent of over 50% of its value, it shall be the duty of the owner to tear down or remove the building within 25 days after the finding of the board; and it is unlawful to occupy or permit such building to be occupied after such finding.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If the owner of the premises concerned is unknown, or if his address is unknown, service of any notice provided for in this article may be made by posting a copy thereof on the premises and by publishing one time a copy thereof in a newspaper having a general circulation within the municipality.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In addition to the actions authorized by other sections of this article, the Fire Chief of the Fire Department or any other municipal official whose duty it is to investigate fires may make the investigations authorized by the Fire Investigation Act (425 ILCS 25/9, 25/9a, 25/9b and 25/9e). If such officer finds that any building or structure so occupied is situated so as to endanger persons or property, or by reason of faulty construction, age, lack of repair or for any other cause is especially liable to fire, or is liable to cause injury by collapsing or otherwise, he shall order the dangerous condition removed or remedied, and shall so notify the owner/occupant of the premises. Service of such notice may be in person or by registered mail, and any person so notified may appeal from the decision of such officer in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm or corporation violating any provision of this article, or permitting any dangerous building, or any building or structure to remain in a dangerous condition, or to remain in the fire limits after it has been damaged to the extent of over 50% of its value, shall be fined as provided in Chapter 55, Article I, General Penalty, of the Village Code for each offense; and separate offenses shall be deemed committed on each day during or on which the violation occurs or continues.