[HISTORY: Adopted by the City Council of the City of Columbia
as Ch. 15.09 of the 1997 Code; amended in its entirety 7-18-2005 by Ord. No. 2381. Subsequent
amendments noted where applicable.]
[Amended 4-7-2008 by Ord.
No. 2641]
The 2006 International Property Maintenance Code published by
the International Code Council, as from time to time amended and supplemented,
is hereby adopted and incorporated herein by reference as the Property
Maintenance Code of the City of Columbia, Illinois and may be printed
in pamphlet form. Subsequent editions of said Property Maintenance
Code that are published hereafter shall be deemed adopted and incorporated
herein in the City's building codes as they are published and printed.
Appropriate ordinances of the City, if any are required, shall be
enacted as soon as practicable thereafter to supply any additions,
insertions or other changes required, so that the City's Property
Maintenance Code shall incorporate the most recent edition of the
International Property Maintenance Code in publication at the time
of reference.
The regulations contained in this code are intended to protect
the public health, safety and welfare of the residents of the City
of Columbia, Illinois (the "City") by establishing minimum requirements
and standards for single-family and multifamily dwellings, uses, premises,
buildings, 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;
fixing the responsibility of owners, operators, and occupants; regulating
the occupancy and use of existing dwelling structures and uses and
existing dwelling premises; and providing for administration, enforcement
and penalties.
A.
Application of building codes. Any repairs or alterations to a dwelling structure or use, or part thereof, or changes in the use therein, shall be done in accordance with the procedures and provisions of the building codes of the City; including the City building permit code (Chapter 138, Article I), the City Building Code (Chapter 138, Article II), the City Electrical Code (Chapter 154), the City Housing Code (Chapter 194), and the City Plumbing Code (Chapter 278), (the "building codes"), which are incorporated herein by reference and by reference made part of this code.
B.
Rehabilitation. Buildings and structures existing prior to the adoption
of this code, or any code incorporated by reference in this code,
in which there is work involving repairs, including any alterations
therewith, shall be made to conform to the building codes of the City.
Repairs to an existing structure which are nonstructural, and do not
adversely affect any structural member or any part of the structure
having a required fire resistance rating, may be made with the same
materials of which the structure is constructed; provided such repairs
shall not be made so as to cause an existing structure to become unsafe
or to adversely affect the performance of the structure. Repairs to
an existing building which are structural or adversely affect any
structural member or any part of the structure having a required fire
resistance rating shall be made with materials required for a new
structure.
C.
Ordinary repairs. Except as otherwise required by other codes or
ordinances of the City, application or notice to the Building Official
is not required under this code for ordinary repairs to structures,
but such repairs shall not include:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or beaming support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting its exit requirements; nor
(2)
Addition to, alteration of, replacement or relocation of any standpipe,
water supply, sewer, drainage leader, gas, soil, waste, vent or similar
piping; nor
(3)
Electrical wiring work or mechanical work; nor
(4)
Repair of fire damages.
D.
Maintenance. All buildings and structures and all parts thereof,
both existing and new, shall be maintained in a safe and sanitary
condition. All service equipment, means of egress, devices and safeguards
which are required by the building codes in a building or structure,
or which were required in a previous code or ordinance in a building
or structure, when erected, altered or repaired, shall be maintained
in good working order.
E.
Owner responsibilities. The owner or the owner's designated agent
shall be responsible for the safety and sanitary maintenance of a
building or structure and its means of egress facilities at all times.
F.
Workmanship. All repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
code shall be executed in a good and workmanlike manner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Approved materials and equipment. All materials, equipment and devices
approved for use by the Building Official shall be constructed and
installed in accordance with such approval.
B.
Modifications. Where there are practical difficulties in carrying
out structural or mechanical provisions of this code, or the building
codes of the City, the Building Official shall be permitted to vary
or modify such provision upon application of the owner or the owner's
agent, provided that the spirit and intent of the law shall be observed
and the public welfare and safety assured and not diminished.
C.
Records. The request for modification and the final decision of the
Building Official shall be in writing and shall be officially recorded
in the permanent records of his department.
D.
Used materials and equipment. Used materials and devices shall not
be reused unless they have been reconditioned, tested and placed in
good and proper working condition and approved for use by the Building
Official.
E.
Alternative materials and equipment. The provisions of this code
are not intended to prevent the use of any material or method of construction
not specifically prescribed by this code, provided that any such alternative
has been approved by the Building Official or his designated agent
and duly qualified representative. An alternative material or method
of construction shall be approved when the Building Official finds
that the proposed design is satisfactory and complies with the intent
of the provisions of this code and the building codes, and that the
material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety.
F.
Research and investigations. The Building Official shall require
that sufficient technical data be submitted to substantiate the proposed
use of any construction material or assembly, and if it is determined
that the evidence submitted is satisfactory proof of performance for
the use intended, the Building Official shall approve the use of such
material in construction assembly, subject to the requirements of
this code and the building codes. The cost of all tests, reports and
investigations required under these provisions shall be paid by the
applicant.
G.
Research reports. Supporting data, when required by the Building
Official to assist in the approval of all materials or assemblies
not specifically provided for in this code or the building codes,
shall consist of duly authenticated research reports from approved
sources.
H.
Professional architectural and engineering services. Design for repair
construction work that is subject to the operations of the Illinois
Architectural Practice Act of 1989 (225 ILCS 305/1 et seq.), as amended,
shall be prepared by or under the direct supervision of a registered
professional architect or qualified registered professional engineer
licensed and registered by the State of Illinois and shall bear that
architect's or engineer's seal and signature in accordance with state
law and shall be subject to the applicable provisions of the building
codes of the City.
[Amended 12-3-2007 by Ord. No. 2614; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
It is unlawful for any person, firm or corporation to occupy,
or permit to be occupied or to collect the rental from any occupied
dwelling unit without first obtaining a certificate of dwelling maintenance
and occupancy permit ("certificate" or "dwelling certificate") from
the Building Official of the City. Any person, firm or corporation
must have a certificate of dwelling maintenance and occupancy permit
prior to occupancy. No person, firm or corporation shall occupy, or
allow the occupancy or collect the rental of any dwelling unit if
such certificate has been revoked.
A.
For purposes of this code, an on-premises inspection shall be required
and a dwelling certificate required for each of the following events
or occurrences:
(1)
Change in dwelling unit occupancy. Whenever there is a change in
occupancy of any structure containing a dwelling unit, an application
for a certificate shall be made by the owner thereof or by his duly
authorized agent or representative and filed with the Building Official.
If a certificate was previously issued for such structure within a
twelve-month period prior to the change in occupancy, a new certificate
for the change in occupancy shall be required; however, a reinspection
shall not be required.
(2)
New dwelling unit structures. A structure intended for dwelling purposes
hereafter erected, or harbored in the case of mobile homes, shall
not be used or occupied in whole or in part until a certificate shall
have been issued by the Building Official as required by this code.
(3)
Structures hereafter altered. Any structure or part thereof containing
a dwelling unit, or proposed to contain a dwelling unit, that is hereafter
enlarged, extended or the floor plan is altered shall not be occupied
or used as a dwelling place until a certificate shall have been issued
by the Building Official under this code.
(4)
Complaint received. Upon receipt of a complaint filed by a tenant
occupying the dwelling unit complained of; provided, however, in the
event the dwelling unit is found to be in compliance with code, then
and in that event the tenant will be responsible for payment of the
required inspection fee due under this code.
(5)
Notwithstanding anything contained in this section of this code to the contrary, a certificate of use and occupancy issued by the Building Official under the authority given and requirements stated in the City's building code (Chapter 138, Article II, of the City's municipal code) will be considered and is expressly distinguished from a certificate of maintenance and occupancy permit under this code. However, such certificate of use and occupancy required for newly constructed dwellings under the building code shall be honored as an alternative to a dwelling certificate required by this code.
B.
Exempt property. Notwithstanding anything contained in the preceding Subsection A of this section of this code, no on-premises inspection shall be required and a dwelling certificate shall not be required for newly constructed dwellings for which a certificate of use and occupancy has been issued by the Building Official under the authority given and requirements stated in the City's building code until after the lapse of five years following the date of the issuance of said certificate of use and occupancy.
C.
The contents of certificate. When a dwelling unit is entitled thereto,
the Building Official shall issue a certificate of dwelling maintenance
and occupancy permit within 30 days from written application therefore.
The certificate shall certify compliance with the provisions of this
code, shall state the maximum number of occupants permitted to occupy
the dwelling unit in accordance with the provisions of City ordinances,
street address or other means of identification, date of issue, and
such other information as the Building Official shall deem appropriate
for the implementation of this code.
D.
By whom application is made.
(1)
Application for a certificate of building maintenance and occupancy
permit required by this code shall be made by the owner of the structure
containing the dwelling unit or by his duly authorized representative.
If the application is made by a person other than the owner in fee,
it shall be accompanied by a signed statement of the applicant to
the effect that the applicant is authorized by the owner in fee to
make such application. The full names and addresses of the owner or
the name and address of the responsible party, if the owner is a corporation,
trust or other type of legal entity that is not a natural person,
and the name and address of the applicant shall be stated in the application.
(2)
The application for such certificate shall be submitted in such form as the Building Official prescribes and shall be filed with the Building Official within seven days of the occurrence of whichever of the events described in Subsection A(1) through (4) of this section require an inspection and issuance of a certificate.
E.
Action on application. The Building Official, his agent and duly
qualified representative shall examine or cause to be examined all
applications for a certificate of dwelling maintenance and occupancy
permit and shall inspect or cause to be inspected the structure subject
of the application within 30 days' time after filing. If the application
and the structure conform to the requirements of all pertinent laws
of the City, the Building Official shall issue the certificate within
said 30 days.
F.
Scheduling of inspections; utility services.
(1)
Inspections and reinspections shall be scheduled for normal work
days of the City and between the hours of 11:00 a.m. and 4:00 p.m.
local time, except for the hour from 12:00 noon to 1:00 p.m.
(2)
Appointments for inspection and/or reinspection shall be made for a time(s) of mutual convenience of the applicant and the Building Official whenever possible and within the time frames specified above. It shall be the responsibility of the owner or the owner's agent or tenant to provide access to the structure and to dwelling unit(s) therein within seven days from the date of request by the City for gain of entry and free access, otherwise the provisions of § 280-7B shall be invoked, including penalties.
(3)
Water and electric utility services connections, and gas utility service connection, if applicable, shall be in service at the time scheduled for inspection and reinspection for the purpose of inspection of matters regulated by City building codes, including the City Electrical Code (Chapter 154) and the City Plumbing Code (Chapter 278).
G.
Unscheduled inspections. Nothing in this code shall be construed
to prevent the Building Official from performing inspections at unscheduled,
random intervals or spontaneous frequency in furtherance of the implementation
of this code, particularly in the instance of complaints brought to
his published attention, or in the course of a block or multi-block
survey, or in the event of obvious cause.
H.
Fees. The fee(s) for a certificate shall be as fixed by the City
Council from time to time as in the annual fee ordinance of the City.
[Amended 12-18-2006 by Ord. No. 2521; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
General. In order to safeguard the safety, health and welfare of
the public, the Building Official and the officers of the City's Police
Department are authorized to enter any structure or premises at any
reasonable time for the purpose of making inspections and performing
their duties under this code.
B.
Right of entry.
(1)
If any owner, occupant, or other person in charge of a structure
subject to the provisions of this code refuses, impedes, inhibits,
interferes with, restricts, or obstructs entry and free access to
any part of the structure or premises where an inspection authorized
by this code is sought, the administrative authority shall be permitted
to seek, in a court of competent jurisdiction, an order that such
owner, occupant or other person in charge cease and desist with such
interference.
(2)
Any persons who shall refuse, impede, inhibit, interfere with, restrict
or obstruct entry and free access to any part of the structure or
premises where inspection authorized by this code is sought shall
be acting in violation of the provisions of this code and shall be
held liable for payment of any legal costs incurred by the City in
securing entry and free access to such premises, including court costs
and reasonable attorney fees so incurred.
C.
Coordination of enforcement. Inspection of property, the issuance
of notices and orders and enforcement thereof shall be the responsibility
of the Building Official and the Columbia Police Department. Whenever
inspections are necessary by any other department in connection with
this code, the Building Official and the City police officers shall
make a reasonable effort to arrange for the coordination of such inspections
so as to minimize the number of visits by inspectors, and to confer
with other inspectors for the purpose of eliminating conflicting orders
before any are issued. An inspector shall not, however, delay the
issuance of any emergency orders.
D.
Jurisdictional cooperation. The assistance and cooperation of police,
fire, and health departments and all other officials shall be available
to the Building Official as may be required in the administration
and enforcement of this code.
[Amended 12-18-2006 by Ord. No. 2521; 4-20-2015 by Ord. No. 3180]
A.
Unlawful acts.
(1)
It shall be unlawful for any person, firm or corporation to erect,
construct, alter, extend, repair, remove, demolish, maintain, fail
to maintain, provide, fail to provide, use or occupy, let to another
for use or occupy or permit another person to use or occupy any structure
or equipment regulated by this code, or cause same to be done, contrary
to or in conflict with or in violation of any of the provisions of
this code, or to fail to obey a lawful order of the Building Official
or a City police officer, or to remove or deface a placard or notice
posted under the provisions of this code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Any person who shall violate or who shall maintain a violation of
this code, or who shall contribute to a violation or to the maintenance
of a violation of this code, shall be subject to prosecution and the
penalty provisions of this code.
B.
Injunction. If the owner or owners, including lien holders of record,
fail to bring a building, structure, premises, or part thereof, including
equipment, into conformity with the minimum standards for health and
safety as set forth in this code within the time specified in a notice
of violation, the Building Official or a City police officer may request
the City's attorney to make application to a court of competent jurisdiction
for an injunction requiring right of entry for inspection or compliance
with this code or for such other order as the court may deem necessary
or appropriate to secure compliance, including the appointment of
a receiver to cause such building, structure or premises or part thereof
to conform to the standards and requirements of this code. (65 ILCS
5/11-31-2)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Prosecution for violation. In case of any unlawful acts (as described in Subsection A of this section), the Building Official or a police officer of the City shall institute an appropriate action or proceeding at law to exact the penalty provided by Subsection D, Fine, of this section. Also, the Building Official or a City police officer shall request the City's attorney to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation, maintenance, repair
or alteration of such building or structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupation or use of the structure which is not in
compliance with the provisions of this code.
D.
Fine. Any person, firm or corporation who or which shall violate
any of the provisions of this code shall be guilty of a petty offense
punishable by a fine of not less than $100 nor more than $750 plus
costs. If more than one provision, standard or requirement of this
code is violated, then each such provision, standard or requirement
violated shall be considered to be a separate offense. Each day that
a violation occurs or continues, after due notice has been served,
shall be considered to be a separate offense for which the violator
shall be liable to the maximum penalty herein specified for each violation.
E.
Notice of violation. When the Building Official or a City police
officer determines that there has been a violation of this code or
has reasonable grounds to believe that a violation has occurred, notice
shall be given to the owner or the person or persons responsible therefor
in the following manner. Such notice shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Be in writing;
(2)
Include a description of the location of the real estate sufficient
for identification;
(3)
Reference the specific section of the code found violated;
(4)
Include an order allowing a reasonable time, not less than 20 days
(except in a case of an emergency, including, but not limited to,
threat to health or physical safety), for the repairs and improvements
required to bring the property or structure into compliance with the
provisions of this code; and
(5)
Include a brief explanation of the owner's right to seek modification
or withdrawal of the notice by petition to the Property Maintenance
Board of Review.
F.
Service of notice of violation. Notice shall be deemed to be properly
served upon such owner:
(1)
If a copy of the notice is delivered to the owner personally; or
(2)
By leaving a copy of the notice at his usual place of abode delivered
to the owner or to someone in his family that is age 14 or older who
is informed of the contents thereof; or
(3)
By certified mail, return receipt requested; or
G.
Disclosure of beneficiaries of land trusts and owners of property.
The trustee who pursuant to a trust instrument has title to but no
beneficial interest in real estate, after receipt (by such trustee)
of the initial written notice or complaint of violation of this code
shall disclose to the Building Official or the City police officer
who served the notice or complaint the identity and address of every
beneficiary of the trust having a beneficial interest in the trust.
(765 ILCS 405, Land Trust Beneficial Interest Disclosure Act)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Premises of uncertain ownership. Notice of violation under this code
shall be served on the owner or owners of the property and upon the
lienholders of record. If, upon diligent search, the identity or whereabouts
of the owner or owners of the building and the lienholders of record
are not ascertainable, notice mailed to the person or person in whose
name the real estate was last assessed by the county assessor of the
county in which the real estate is situated is sufficient notice under
this code. (65 ILCS 5/11-31-1, Unsafe Buildings Act)
I.
Placarding; notice of violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
When the Building Official or a City police officer determines a
violation of this code exists he may cause a notice of such violation
to be posted in a conspicuous place near the main entrance of such
building or structure; and if no such entrance exists, then at a conspicuous
place upon the premises.
(2)
The notice shall be at least nine inches in height and 14 inches
in width and at the top thereof in large letters shall state "Notice
of Violation." The text of such notice shall contain a reference to
the provision of the code violated and may contain such other information
regarding the nature of the violation as the Building Official or
a Columbia police officer who posted the notice deems advisable.
J.
Removal or defacing of notice; penalty. Upon remedy of the cause
of the violation for which notice is posted, the Building Official
or a Columbia police officer shall forthwith remove the notice. Any
other person removing any such notice or defacing such notice shall
be guilty of a petty offense and shall be fined not to exceed $100.
(50 ILCS 810/0.01 et seq., the Building Code Violation Notice Posting
Act)
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
Transfer of ownership.
(1)
It shall be unlawful for the owner of any dwelling unit, structure, or premises upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of the property to another until the provisions of the notice of violation have been complied with; except as hereinafter provided in Subsection K(2).
(2)
Notwithstanding Subsection K(1), the owner of the property may dispose of the same without curing the violation if such owner shall first furnish the grantee, transferee, mortgagee, and lessee of the property a true copy of any notice of violation issued by the Building Official or a Columbia police officer and shall furnish to said Building Official or Columbia police officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the responsibility without condition for making the corrections or repairs required by such notice of violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 12-18-2006 by Ord. No. 2521]
A.
In general. When a structure or part thereof is found by the Building Official
or a Columbia police officer to be unsafe, or when a structure or
part thereof is found unfit for human occupancy or use, or is found
unlawful, such structure may be closed from human use and occupancy
by the Building Official or a Columbia police officer pursuant to
the condemnation provisions of this code and Illinois state law and
shall be placarded, vacated and shall not be reoccupied without approval
of the Building Official or a Columbia police officer. Unsafe equipment
shall be placarded and placed out of service.
B.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY
UNLAWFUL STRUCTURE
UNSAFE EQUIPMENT
UNSAFE STRUCTURE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
A structure is unfit for human occupancy or use whenever
the Building Official or a Columbia police officer finds that such
structure is unsafe, unlawful or, because of the degree in which the
structure is in disrepair or lacks maintenance, is unsanitary, vermin-
or rat-infested, contains filth and contamination, or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by the City codes and ordinances.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A structure found in whole or in part to be occupied by more
persons than permitted under this code, or which was erected, altered
or occupied in violation of this code and contrary to law.
Includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is
in such disrepair or condition that such equipment is a hazard to
life, health, property or safety of the public or occupants of the
premises or structure.
A structure in which all or part thereof is found to be dangerous
to life, health, property, or the safety of the public or the occupants
of the structure by not providing minimum safeguards for protection
from fire or because such structure contains unsafe equipment or is
so damaged, decayed, dilapidated, structurally unsafe, or of such
faulty construction or unstable foundation that partial or complete
collapse is likely.
D.
Placarding of condemned premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The notice of condemnation shall be at least nine inches in height
and 14 inches in width and at the top thereof in large letters shall
state "Notice of Violation, Condemned as Unfit for Human Occupancy
or Use by Order of the Building Official or a Police Officer of the
City of Columbia, Illinois"; and may contain such other information
or instructions as the Building Official or a Columbia police officer
deems necessary in the interest of the public health, safety and welfare.
E.
Prohibited use. Any person who shall occupy a condemned and placarded
premises or structure or part thereof, or shall use placarded equipment,
and any owner or any person responsible for the premises who shall
let anyone occupy such a placarded premises shall be liable for the
penalties provided by this code.
F.
Service on occupant. Upon the instance of the initiation of a condemnation
action, the Building Official or a Columbia police officer shall serve
written notice of condemnation upon the occupant of the subject building
or part thereof ordering the condemned premises to be vacated.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
If the occupant is other than the owner or person responsible for
remedying the objectionable condition, a reasonable time to vacate
the premises after noncompliance shall be stated.
(2)
Owners or persons responsible for compliance shall vacate the premises
at the time stated in the notice of violation for correction of the
defects if there is failure to comply.
H.
Closing of vacant structures; temporary measures. If a structure
or a part thereof is vacant and unfit for human habitation, occupancy
or use and is not in danger of structural collapse, upon the instance
of a condemnation action the Building Official or a Columbia police
officer shall proceed to placard the premises in the manner prescribed
above and may order the structure closed up as a temporary measure
so as not to be an attractive nuisance to youngsters. Upon failure
of the owner to so close up the premises within the time specified
in the order, the Building Official or a Columbia police officer may
cause the premises to be so closed through any available public agency
or by contract or arrangement by private persons and the cost thereof
shall be charged against the real estate upon which the structure
is located and shall be a lien upon such real estate, which lien may
be foreclosed in a manner similar to the foreclosure of real estate
liens in real estate mortgage foreclosure actions or actions to foreclose
mechanic's liens in the State of Illinois.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The corporate authorities may demolish, repair or cause the demolition or repair of dangerous and unsafe buildings or structures or uncompleted and abandoned buildings or structures within the corporate limits of the City in accordance with, pursuant to, and as is required by Chapter 138, Article V, of the City's Municipal Code and/or Section 11-31-1 et seq. of the Illinois Municipal Code (65 ILCS 5/11-31-1 et seq., Unsafe Building Act).
A.
Vacating structures. When, in the opinion of the Mayor, there is
actual and immediate danger of failure or collapse of a structure
which would endanger life, or when any structure has fallen and life
is endangered by the occupancy of the structure, or when there is
actual or potential danger to the building occupants or those in the
proximity of any structure because of explosives, explosive fumes
or vapors or the presence of toxic fumes, gases or materials, or use
of defective or dangerous equipment, the Mayor, following the procedures
required by 65 ILCS 5/11-1-6 of the Illinois Municipal Code, is authorized
and empowered to order and require the occupants to vacate the premises
forthwith. He shall cause to be posted at the main entrance to such
structure a notice reading as follows: "This structure is unsafe and
its use or occupancy has been prohibited by emergency order of the
City of Columbia." It shall be unlawful for any person to enter such
structure except for the purpose of securing the structure and/or
its contents, making the required repairs, removing the hazardous
condition, or of repairing to make safe or demolishing the structure
as authorized by the Mayor. (65 ILCS 5/11-1-6, Emergency Powers of
Mayor)
B.
Closing streets. When necessary for the public safety, the Mayor
shall temporarily close sidewalks, streets, places and premises adjacent
to such unsafe structure, and prohibit the same from being used.
C.
Emergency work. For the purposes of this section, the Mayor shall
employ the necessary labor and materials to perform the required work
as expeditiously as possible.
D.
Cost of emergency work. Costs incurred in the performance of emergency
work shall be paid from the treasury of the City on certificate of
the Mayor. The legal counsel of the City shall institute appropriate
action against the owner of the premises where the unsafe structure
is or was located for the recovery of such costs.
[Amended 12-18-2006 by Ord. No. 2521]
A.
Petition. Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this code,
or of any rule or regulation adopted pursuant thereto, shall have
the right to request and shall be granted a hearing on the matter
before the Property Maintenance Board of Review.
B.
Property Maintenance Board of Review. In order to protect existing structures in the jurisdiction by vigorous enforcement of the provisions of this code, the Property Maintenance Board of Review is charged with the jurisdiction to hear and the authority to decide all grievances from a decision, determination or action of the Building Official, a Columbia police officer or the Mayor for actions taken under § 280-10 of this chapter and the implementation and administration of this code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Membership and organization. The membership, organization and operation of the Property Maintenance Board of Review shall be comprised of a general contractor, a plumbing contractor, and an electrical contractor appointed by the Mayor with the advice and consent of the City Council, and two members of the City Council. The decision of the majority of a quorum of the Board shall control on all matters to be decided by the Board, except for appeals of decisions of the Mayor under § 280-10 of this chapter, for which a four-fifths majority of the members of the Board holding office shall be required.
[Amended 12-18-2006 by Ord. No. 2521; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
No officer, City Council member, agent or employee of the City (including
the Building Official, the Mayor or a Columbia police officer or their
duly authorized agents) shall render themselves personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of their duties
under the Residential Property Maintenance Code. (See the Local Government
and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et
seq.)
B.
Any suit brought against any officer, City Council member, agent
or employee of the City (including the Building Official, the Mayor
or a Columbia police officer or their duly authorized agents), as
a result of any act required or permitted in the discharge of their
duties under this Residential Property Maintenance Code, shall be
defended by the municipal attorney (or outside counsel of the City's
choosing) until the final determination of the legal proceedings.
[Amended 12-18-2006 by Ord. No. 2521; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The issuance of a certificate of dwelling maintenance and occupancy permit in accordance with the requirements of this Residential Property Maintenance Code (Chapter 280 of the City of Columbia Municipal Code) shall not be and shall not be regarded or construed as any type of warranty to the owner(s) and occupant(s) of the property for which the permit is issued regarding the fitness or condition of the dwelling or other real estate improvements for which the permit is issued. No property owner or occupant shall have any claim or cause of action against the City or any officer, City Council member, agent or employee (including the Building Official, the Mayor or a City police officer or their duly authorized agents) for defects or hazards existing in or connected to the property for which a certificate of dwelling maintenance and occupancy permit is issued or for which there was a City inspection in connection with the issuance of such a permit.
The City shall hold the City officers, City Council members, agents and employees (including the Building Official, the Mayor and City police officers and their duly authorized agents), for acts required or permitted in the discharge of their duties under this Residential Property Maintenance Code (Chapter 280 of the City of Columbia Municipal Code), safe, free and fully indemnified from all claims and causes of action for property damage or personal injury to a property owner(s), property occupant(s) and all others that occurs as a result of any act required or permitted in the discharge of their duties under this Residential Property Maintenance Code (including but not limited to the performance of property inspections and issuance of certificates of dwelling maintenance and occupancy permits); except for acts involving gross negligence or wrongful willful acts or omissions. The indemnity shall include payment of, or reimbursement for, all attorneys' fees and court costs incurred in defending such claims or causes of action and reasonable attorneys' fees and court costs required to be incurred in enforcing the indemnity provided for herein.
