[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.
G. 
Building permit. Notwithstanding anything contained in this code to the contrary, all construction work shall be subject to the requirement of a building permit as required and provided by the building permit code of the City (Chapter 138, Article I) and the payment of any fees thereby required.
[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
(4) 
If such mailing is returned with receipt showing the notice has not been delivered or, if the service is otherwise rejected or not deliverable, then by merely placarding the subject property or premises in accordance with the provisions of Subsection I of this section.
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. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
STRUCTURE UNFIT FOR HUMAN OCCUPANCY
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)]
UNLAWFUL STRUCTURE
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.
UNSAFE EQUIPMENT
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.
UNSAFE 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.
C. 
Notice and service of violation orders; condemnation. Notice and service of violation orders shall have been as specified by Subsection E of § 280-7 of this chapter.
D. 
Placarding of condemned premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
Upon the instance of the initiation of an injunction involving a condemnation action, the Building Official or a Columbia police officer shall placard the subject premises of the condemnation action; the premises shall be posted at the location specified by Subsection I of § 280-7 of this chapter.
(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.
G. 
Penalties. Penalties for noncompliance with orders and notices to vacate shall be as prescribed in Subsection D of § 280-7 of this chapter.
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.
E. 
Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Property Maintenance Board of Review be afforded a hearing as provided in § 280-11 of this chapter.
[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.