[Ord. 7-17-1972, § 1; Ord. 87-16, 11-16-1987, §§ 1, 3, 4; Ord., 1-22-1990, § 1; Ord. 95-03, 3-20-1995, § 2; Ord. 98-07, 3-16-1998, § 1; Ord. 2003-09, 6-16-2003, § 1; Ord. 2009-11, 10-19-2009, § 2; Ord. 2010-07, 5-3-2010, § 1]
(a) 
Adoption. A certain document, three copies of which are on file in the office of the Village Clerk of the Village, being marked and designated as the international building code, 2003 edition, including appendix Chapter F, entitled "Rodent Proofing" (no other appendices are hereby adopted), as published by the International Code Council, be and is hereby adopted as the building code of the Village of Elmwood Park for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said building code on file in the office of the Village Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (b) of this section.
(b) 
Amendments. The following sections are hereby revised as follows:
(1) 
Section 101.1. Insert: "Village of Elmwood Park."
(2) 
Section 101.4.1 is amended as follows: "Electrical. The provisions of the most current edition of the national electrical code shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto."
(3) 
Section 101.4.4 is amended as follows: "Plumbing. The provisions of the most current edition of the state of Illinois plumbing code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system."
(4) 
Section 105.2, "Work Exempt From Permit," is amended by deleting exemptions 1 through 6, 9, 10 and 12. Exemption number 7 is amended by deleting the word "cabinets."
(5) 
Section 106.3 is amended by adding the following subsection: "106.3.4.3 Design Professional Required. All building plans for new construction projects or structural alterations exceeding $10,000 shall be stamped by an Illinois licensed architect or structural engineer. Exception: Interior alterations of a minor nature that do not require the removal or relocation of any load-bearing or non-load-bearing wall or structural support beam."
(6) 
Section 1612.3 is amended by inserting the words "Village of Elmwood Park" to specify jurisdiction and "August 19, 2008" to specify the date of issuance.
(7) 
Section 1805.4.5 is amended in its entirety as follows: "Timber Footings. Timber footings are prohibited."
(8) 
Section 1805.4.6 is amended in its entirety as follows: "Wood Foundations. Wood foundations are prohibited."
(9) 
Chapter 27, entitled "Electrical," is deleted in its entirety.
(10) 
Chapter 29, entitled "Plumbing Systems," is deleted in its entirety.
(11) 
Section 3401.3 is amended as follows: Compliance With Other Codes. Alterations, repairs, additions and changes of occupancy to existing structures shall comply with the provisions for alterations, repairs, additions and changes of occupancy in the international fire code, the most current edition of the state of Illinois plumbing code, the international property maintenance code, the international mechanical code, the international residential code and the most current edition of the national electrical code.
(12) 
Section 3410.2, entitled "Applicability," is hereby amended by inserting: "July 1, 2003."
(c) 
Fees and Costs.
(1) 
Building Permit Fees. Permit fees for new construction, alterations, additions and/or repairs shall be calculated as follows:
(A) 
Base fee of $50; plus.
(B) 
An additional $10 for each $1,000 cost of construction or fraction thereof, above an initial $1,000 cost of construction (which is included in the base fee), as estimated by the building commissioner (code official).
(2) 
Estimated Cost of Construction. The estimated cost of construction shall be determined by the building commissioner (code official) as follows:
(A) 
The building commissioner may accept an estimate furnished to him by the applicant for the permit; or
(B) 
The building commissioner may make such estimate based upon published figures based upon the cost of construction or similar projects in the Chicago metropolitan area; or
(C) 
The building commissioner may require or accept a certificate of the cost of construction from a licensed architect or a registered structural professional engineer; or
(D) 
The building commissioner may require or accept a sworn affidavit by the owner or the owner's agent, accompanied by a copy of the contract for the construction for which the permit is to be issued; or
(E) 
In the event the building commissioner chooses not to accept the estimate provided by the applicant and elects to determine the cost of construction by methods described in Subsection (c)(2)(B), (c)(2)(C) or (c)(2)(D) of this section, or any combination thereof, the method that establishes the lowest estimated cost of construction shall become the basis for determining the permit fee.
(3) 
Additional Costs to Be Reimbursed. In addition to the permit fees specified hereinabove, all applicants for permits shall be required to reimburse the Village for all expenses incurred by the Village for the review of plans, drawings or permit applications by third parties who are not employees of the Village (e.g., International Code Council, outside engineers).
(d) 
Saving Clause. Nothing in this section or in the building code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
(e) 
Revisions Adopted. There is hereby adopted each and every revision of said code hereinafter made, a new and revised edition of the code being published every three years. Said revised codes and all supplements thereto, when adopted by the International Code Council, shall supersede all other previous editions, supplements and printings in conflict therewith. The provisions of such codes shall govern all matters covered therein to the extent that the same are not in conflict with any provisions of this Village code or other ordinances of the Village.
[Ord. 2003-11, 6-16-2003, § 1; Ord. 2018-55, 8-6-2018, eff. 10-1-2018]
(a) 
Adoption. A certain document, three copies of which are on file in the office of the Village Clerk of the Village of Elmwood Park, being marked and designated as the international residential code, 2003 edition, excluding all appendix chapters, as published by the International Code Council, be and is hereby adopted as the residential code of the Village of Elmwood Park for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with separate means of egress as herein provided; and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said residential code on file in the office of the Village Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (b) of this section.
(b) 
Amendments. The following sections are hereby revised:
(1) 
Section R101.1. Insert: "Village of Elmwood Park."
(2) 
Section R105.2 is amended by deleting building exemptions numbered 1 through 5 and 9, and amending building exemption number 6 by deleting the word "cabinets."
(3) 
Table R301.2(1) is amended by inserting the following criteria into the appropriate heading: Ground snow load "25 lbs/sqft," Wind speed (mph) "90," Seismic design category "A," Weathering "severe," Frost line depth "42 inches," Termite "slight to moderate," Decay "slight to moderate," Winter design temp "-4 degrees F.," Ice shield underlayment required "yes," Flood hazard "yes," Air freezing index "1000," Mean annual temp "50 degrees F."
(4) 
Section R324 is added thereto as follows:
R324. Rodent Proofing
R324.1 General. Building additions, decks, patio enclosures, or any structure added to an existing foundation not provided with a continuous foundation shall be provided with protection against rodents at grade by either an apron, in accordance with Section R324.1.1, or a floor slab, in accordance with Section R324.1.2.
R324.1.1 Apron. Where an apron is provided, the apron shall not be less than eight inches above, nor less than 24 inches below grade. The apron shall not terminate below the lower edge of the siding material. The apron shall be constructed of an approved nondecayable, water- resistant rat proofing material of required strength and shall be installed around the entire perimeter of the building. Where constructed of masonry or concrete materials, the apron shall not be less than four inches in thickness.
R324.1.2 Grade Floors. Where continuous concrete floor slabs are provided, open spaces shall not be left between the slab and walls, and openings in the slab shall be protected.
(5) 
Section R402.1, Wood Foundation. Amend this section in its entirety as follows: "Wood foundations are prohibited."
(6) 
Section R402.1.1, Fasteners. Delete this section in its entirety.
(7) 
Section R402.1.2, Wood Treatment. Delete this section in its entirety.
(8) 
Section R504, Pressure Preservatively Treated-Wood Floors (on ground). Amend this section in its entirety as follows: "Pressure Preservatively treated-wood floors (on ground) are prohibited." Delete all subsections within Section R504.
(9) 
Chapter 25, Plumbing Administration. Delete this chapter in its entirety. All plumbing shall comply with most current edition of the State of Illinois Plumbing Code as adopted and amended.
(10) 
Chapter 26, General Plumbing Requirements. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as adopted and amended.
(11) 
Chapter 27, Plumbing Fixtures. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as Adopted and amended.
(12) 
Chapter 28, Water Heaters. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as adopted and amended.
(13) 
Chapter 29, Water Supply and Distribution. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as adopted and amended.
(14) 
Chapter 30, Sanitary Drainage. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as adopted and amended.
(15) 
Chapter 31, Vents. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as adopted and amended.
(16) 
Chapter 32, Traps. Delete this chapter in its entirety. All plumbing shall comply with the most current edition of the State of Illinois Plumbing Code as adopted and amended.
(17) 
Chapter 33, General Requirements. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the National Electrical Code as adopted and amended.
(18) 
Chapter 34, Electrical Definitions. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the National Electrical Code as adopted and amended.
(19) 
Chapter 35, Services. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the National Electrical Code as adopted and amended.
(20) 
Chapter 36, Branch Circuit and Feeder Requirements. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the National Electrical Code as adopted and amended.
(21) 
Chapter 37, Wiring Methods. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the National Electrical Code as adopted and amended.
(22) 
Chapter 38, Power And Lighting Distribution. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the national electrical code as adopted and amended.
(23) 
Chapter 39, Devices And Luminaries. Delete this chapter in its entirety. All electrical work, equipment, and installation shall comply with the most current edition of the national electrical code as adopted and amended.
(24) 
Chapter 43, Referenced Standards, is amended by inserting the national electrical code, the most current edition as adopted and amended, in place of the ICC electrical code, wherever it may appear, and by inserting the state of Illinois plumbing code, the most current edition as adopted and amended, in place of the international plumbing code, wherever it may appear.
(25) 
Section R.703, Exterior Covering.
Section R.703, entitled "Exterior Covering," is further supplemented and amended by adding thereto as follows:
Notwithstanding anything to the contrary contained in this Section R.703., the exterior wall coverings of all walls along the front yard and all walls along any side yard adjoining a street shall be constructed by using the same uniform material for the full height of the building. (For example, if the front exterior wall of a structure is constructed using brick, then brick must be used for the full height of the front exterior wall. As another example, on a corner lot, if the front exterior wall covering is brick and the side exterior wall coverings are brick, then brick must be used for the full height of the front exterior wall, and brick must be used for the full height of the side exterior walls.) This requirement shall not be applicable to the alteration of an existing structure by the construction of a dormer which increases the above-grade square footage of such structure by 30% or less.
Notwithstanding the above, for any new construction of detached one- and two-family dwellings and townhomes not more than three stories above grade plane in height, and for any alteration or enlargement of any such dwelling of which two or more exterior walls were removed, demolished or replaced, and for which an application for a building permit was made on or after October 1, 2018, which includes construction or alteration of two or more exterior walls, the exterior wall coverings of all walls along the front and side yards shall be constructed by using brick for the full height of the building.
(c) 
Saving Clause. Nothing in this section or in the Residential Code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
(d) 
Revisions Adopted. There is hereby adopted each and every revision of said code hereinafter made, said code being revised annually by the International Code Council, and a new and revised edition of the code being published every three years. Said revised codes and all supplements thereto, when adopted by the International Code Council, shall supersede all other previous editions, supplements and printings in conflict therewith. The provisions of such codes shall govern all matters covered therein to the extent that the same are not in conflict with any provisions of this Village Code or other ordinances of the Village.
[Ord. 4-3-1978, § 1]
No dormer hereinafter erected on any existing structure in the Village shall exceed 2/3 the length of the building or 20 feet, whichever is less.
(a) 
No permit, for any dormer in excess of 12 feet in length, shall be issued unless and until the applicant owner has executed a restrictive covenant, in form and substance satisfactory to the Village Attorney, for recording in the official records of the County of Cook.
(1) 
Such covenant shall provide for maintenance of the structure as a single-family residence without conversion, expansion or occupancy as a multiple dwelling unit and shall further provide that in default of such covenant the Village may terminate occupancy of such structure and require deconversion at the then owner's sole cost and expense.
(2) 
Any party violating the provisions hereof or occupying or permitting occupancy of any single-family residence as a multiple-family dwelling unit shall be subject to a fine of $100 per day for each day such violation exists.
(b) 
In all respects such construction shall fully comply with all other provisions of the Zoning Ordinance, Building Code and Village Code as the same now exist or may thereafter be amended.
[Ord. 95-03, 3-20-1995, § 1; Ord. 2003-10, 6-16-2003, § 1; Ord. 2012-03, 4-2-2012]
(a) 
Adoption. A certain document, three copies of which are on file in the Office of the Clerk of the Village of Elmwood Park, being marked and designated as the International Property Maintenance Code, 2012 edition, excluding all appendix chapters, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Village of Elmwood Park for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; the condemnation of buildings and structures unfit for human occupancy and use, and the demolitions of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code on file in the office of the Village Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection (b) of this section.
(b) 
Amendments. The following sections are hereby revised as follows:
(1) 
Section 101.1. Insert: "Village of Elmwood Park."
(2) 
Section 101.3 is amended as follows: "Intent. This Code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the international building code or the international residential code, as applicable."
(3) 
Section 103.5, entitled "Fees," is hereby deleted in its entirety.
(4) 
Section 106.1, entitled "Unlawful Acts," is amended as follows:
"Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish, maintain or occupy any building, structure or equipment regulated by this Code, or cause anything to be done, in conflict with or in violation of any of the provisions of this Code."
(5) 
Section 106.2, entitled "Notice Of Violation," is amended as follows:
"Notice Of Violation. The code official is authorized to serve notice of a violation on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition, maintenance or occupancy of a building, structure or equipment in violation of the provisions of this Code, or in violation of a permit or certificate issued under the provisions of this Code."
(6) 
Section 106.3, entitled "Prosecution Of Violation," is amended as follows:
"Prosecution Of Violation. The code official is authorized to request the legal counsel of the jurisdiction to prosecute the violation in any appropriate proceeding at law, administratively, or in equity to restrain, correct or abate such violation, or to require removal or termination of any unlawful occupancy of the building or structure in violation of the provisions of this Code or of the order or direction made pursuant thereto."
(7) 
Section 106.4, entitled "Violation Penalties," is amended as follows:
"Violation Penalties. Any person who shall violate a provision of this Code, or fails to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws, and shall be fined in an amount not less than $50 and no more than $750 for each violation proven. Each day that a violation continues after due notice has been served shall be deemed a separate offense."
(8) 
Section 107.1, entitled "Notice To Person Responsible," is hereby deleted in its entirety.
(9) 
Section 107.2, entitled "Form," is hereby deleted in its entirety.
(10) 
Section 107.3, entitled "Method Of Service," is hereby renumbered as Section 107.1, to be entitled "Method Of Service."
(11) 
Section 107.4, entitled "Penalties," is hereby deleted in its entirety.
(12) 
Section 107.5, entitled "Transfer Of Ownership," is hereby renumbered as Section 107.2, to be entitled "Transfer Of Ownership."
(13) 
Section 111, entitled "Means Of Appeal," including Paragraphs 111.1 through and including Paragraph 111.8, is hereby deleted in its entirety.
(14) 
Section 302.4, entitled "Weeds," is amended by inserting eight inches for the maximum height of weeds.
(15) 
Section 304.14, entitled "Insect Screens," is amended by inserting "April 1" to indicate the "from" date and "October 31" to indicate the "to" date.
(16) 
Section 505.1, entitled "General," is amended by substituting the "state of Illinois plumbing code as adopted and amended" in place of "the international plumbing code."
(17) 
Section 602.2, entitled "Residential Occupancies," is amended by substituting "table R301.2(1) in the international residential code as adopted and amended" in place of "appendix D of the international plumbing code," and by deleting the exception in its entirety.
(18) 
Section 602.3, entitled "Heat Supply," is amended by inserting "after September 15" to indicate the "from" date and "through June 1" to indicate the "to" date, and by substituting "table R301.2(1) in the international residential code as adopted and amended" in place of "appendix D of the international plumbing code," and by deleting exception no. 2 in its entirety.
(c) 
Saving Clause. Nothing in this section or in the property maintenance code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
(d) 
Revisions Adopted. There is hereby adopted each and every revision of said code hereinafter made, said code being revised annually by the International Code Council, and a new and revised edition of the code being published every three years. Said revised codes and all supplements thereto, when adopted by the International Code Council, shall supersede all other previous editions, supplements and printings in conflict therewith. The provisions of such codes shall govern all matters covered therein to the extent that the same are not in conflict with any provisions of this Village code or other ordinances of the Village.
[Ord. 87-15, 11-16-1987, §§ 1, 3, 4; Ord., 1-22-1990, § 1; Ord. 2003-08, 6-16-2003, § 1]
(a) 
Adoption. A certain document, three copies of which are on file in the office of the Village Clerk of the Village of Elmwood Park, being marked and designated as the international mechanical code, 2003 edition, excluding all appendix chapters, as published by the International Code Council, be and is hereby adopted as the mechanical code of the Village of Elmwood Park, regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; and the providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said mechanical code on file in the office of the Village Clerk, are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions, changes, if any, prescribed in Subsection (b) of this section.
(b) 
Amendments. The following sections are hereby revised:
(1) 
Section 101.1: Insert: "Village of Elmwood Park."
(2) 
Section 106.5.2, Fee Schedule. Amend as follows:
"The fees for mechanical work permits shall be as provided in Section 10-1(c) of the code of the Village of Elmwood Park."
(3) 
Section 108.4. Insert: "Misdemeanor," "$750," "Six months."
(4) 
Section 108.5. Insert: "not less than $500," "not more than $750," where appropriate.
(c) 
Saving Clause. Nothing in this section or in the mechanical code hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
(d) 
Revisions Adopted. There is hereby adopted each and every revision of said code hereinafter made, said code being revised annually by the International Code Council, and a new and revised edition of the code being published every three years. Said revised codes and all supplements thereto, when adopted by the International Code Council, shall supersede all other previous editions, supplements and printings in conflict therewith. The provisions of such codes shall govern all matters covered therein to the extent that the same are not in conflict with any provisions of this Village code or other ordinances of the Village.
[Ord. 93-103, 12-20-1993, § 1; Ord. 2001-2, 2-5-2001, § 1]
(a) 
Definitions. As used in this section, unless the context requires otherwise:
BUILDING OWNER
The legal or beneficial owner of a structure or premises.
CODE
The municipal code of the Village of Elmwood Park, and any law, housing or any adopted building code that established construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures within the Village.
HEARING OFFICER
A municipal employee or an officer or agent of the Village appointed by the Village President with the advice and consent of the Village board other than a building inspector or law enforcement officer, whose duty it shall be to:
(1) 
Preside at an administrative hearing called to determine whether or not a code violation exists;
(2) 
Hear testimony and accept evidence from an inspector, the building owner and all interested parties relevant to the existence of a code violation;
(3) 
Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing;
(4) 
Issue and sign a written finding, decision and order stating whether a code violation exists;
(5) 
Impose fines, costs or other appropriate relief if a code violation is found to exist.
INSPECTOR
A full time or part time municipal employee whose duties include the inspection or examination of structures, dwellings or premises in the Village to determine if code violations exist.
(b) 
Code Hearing Department. The corporate authorities of the Village do hereby establish a code hearing department within the Village. The function of the code hearing department is to determine whether a code violation exists, and to expedite the prosecution and correction of code violations in the manner set forth herein.
(c) 
Hearing Procedures Not Exclusive. This section does not preclude the Village from using other methods to enforce the provisions of its code.
(d) 
Instituting and Conducting Code Hearing Proceedings.
(1) 
When an inspector finds the existence of a code violation while inspecting structures or premises, he or she shall note the violation on a multiple copy violation notice, indicating the name and address of the structure owner, the type and nature of the violation, the date and time the violation was observed, the name of the person witnessing the violation and the address of the structure where the violation is observed.
(2) 
The violation notice form shall be forwarded by the inspector to the code hearing department where a citation number shall be stamped on all copies of the notice and a hearing date noted in the blank spaces provided for that purpose on the violation notice form. The hearing date shall not be less than 30 nor more than 40 days after the violation is reported to the code hearing department by the inspector or code enforcement officer.
(3) 
One copy of the violation notice form shall be maintained in the files of the code hearing department and shall be part of the record of hearing, one copy of the notice form shall be returned to the inspector so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the violation notice form shall be served, by first class mail, on the owner of the structure, along with a summons commanding the owner to appear at the hearing. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation notice form and summons, on the front door of the structure where the violation is found, not less than 20 days before the hearing is scheduled.
(e) 
Subpoenas, Defaults. At any time prior to the hearing date the hearing officer assigned to hear the case may, at the request of the building inspector or the attorney for the municipality, or the owner of the structure or premises or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. The party requesting a subpoena shall serve, via first class mail, copies of any and all subpoenas on all parties to the action. If on the date set for hearing the owner or his attorney fails to appear, the hearing officer may, after determining that proper notice of hearing was given, proceed ex parte and may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation, and render a decision based upon the evidence presented.
(f) 
Continuances, Representation At Code Hearings.
(1) 
No continuances shall be authorized by the hearing officer unless for good cause. Any continuance authorized by a hearing officer under this section shall not exceed 60 days.
(2) 
At the hearing the case for the Village shall be presented by the Village Attorney. The case for the respondent may be presented by the owner, his attorney or any other agent or representative.
(g) 
Hearing, Evidence. At the hearing, the hearing officer shall preside and shall hear testimony and accept any evidence relevant to the existence or nonexistence of a code violation in the structure or premises indicated. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this section. At the hearing the Village shall have the obligation to prove its cause by a preponderance of the evidence.
(h) 
Rights of the Occupants.
(1) 
It shall be unlawful for an action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding to be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing.
(2) 
Anyone violating the provisions of this Subsection (h) shall be fined not less than $25 nor more than $750.
(i) 
Defense to Code Violations. It shall be an affirmative defense to a code violation charged under this section if the owner, his attorney, or any other agent or representative proves to the hearing officer by a preponderance of the evidence that:
(1) 
The code violation alleged in the notice did not in fact exist at the time the violation notice was issued.
(2) 
The code violation has been caused by the current building occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations.
(3) 
An occupant or resident of the dwelling has on more than two occasions refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the code violation.
(j) 
Findings, Decision, Order. At the conclusion of the hearing the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include the hearing officer's findings of fact, a decision as to whether or not a code violation exists based upon the findings of fact, and an order, ordering the owner to pay a fine, costs and/or correct the violation or, in the event a violation is not proved, dismissing the case. If a code violation is proved, the order may also impose any other sanctions that are provided in this Code for a violation proved. A copy of the findings, decision and order shall be served on the owner within five days after it is issued and service of same shall be in the same manner as the violation notice form and summons are served pursuant to this section.
(k) 
Review Under Administrative Review Act. The findings, decision and order of the hearing officer shall be subject to review in the circuit court of Cook County and the provisions of the administrative review act, and all amendments and modifications thereof, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order of a hearing officer under this section.
(l) 
Judgment On Findings, Decision, Order.
(1) 
Any fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust judicial review procedures under the administrative review act shall be a debt due and owing the municipality and, as such, may be collected in accordance with applicable law.
(2) 
After expiration of the period within which judicial review under the administrative review act may be sought for a final determination of the code violation, the municipality may commence a proceeding in the circuit court of the county where the municipality is located for purposes of obtaining a judgment on the findings, decision and order. Nothing in this section shall prevent a municipality from consolidating multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the municipality shall file a certified copy of the findings, decisions and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with this section and the Village ordinance. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the code of civil procedure or by certified mail, return receipt requested. If the court is satisfied that the findings, decision and order was entered in accordance with the requirements of this section and the applicable Village ordinance, and that the building owner had an opportunity for a hearing under this section and for judicial review as provided in this section: a) the court shall render judgment in favor of the municipality and against the building owner for the amount indicated in the findings, decision and order, plus costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of the money; and b) the court may also issue such other orders and injunctions as are requested by the Village to enforce the order of the hearing officer to correct a code violation.
(m) 
Sanctions Applicable to Owner. The order to correct a code violation and any sanctions imposed as a result of a finding of a code violation under this section shall attach to the property as well as to the owner of the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this section.
[Ord. 7-21-1980, § 1; Ord. 88-32, 4-18-1988, § 1; Ord. 98-07, 3-16-1998, § 2]
(a) 
No demolition of buildings or structures located within the corporate limits of the Village shall take place, without the owner of said property having first obtained a permit for demolition issued by the building commissioner.
(b) 
The following fee schedule shall apply for demolition permits:
Type
Fee
Residential garages or porches
$25 per structure
Buildings 20,000 cubic feet or less in volume
$5 per 1,000 cubic portion thereof
Buildings in excess of 20,000 cubic feet in volume
$100 plus $3 for each additional 1,000 cubic feet or portion thereof in excess of 20,000 cubic feet
(c) 
Prior to any demolition permit being issued the applicant must:
(1) 
Complete an application form promulgated by the building commissioner which form shall include a legal description of the property involved, a certification of insurance in the amount required for the premises in question, and an acknowledgement by the contractor that he has knowledge of all relevant Village ordinances and codes and will abide by the same.
(2) 
Furnish a valid state highway permit issued to the owner and contractor by the Illinois department of transportation, when necessary.
(3) 
Furnish written authorization of the owner of the premises and the owner's consent to the demolition.
(4) 
Furnish a copy of releases obtained from all utilities having service connections with the structure, and proof of service of notice to all persons required pursuant to the BOCA national building code.
(5) 
Submit a copy of demolition plans or specifications to the building commissioner, along with an estimated timetable for demolition, and a list of all salvage contractors to be used. All plans or specifications shall be subject to review by the Village Engineer, with the applicant to bear the cost of such review.
(6) 
Furnish to the Village a $10,000 license/permit bond as required by this Code; a $50,000 street obstruction/scaffolding bond when required; and a $10,000 sidewalk access bond when required. In addition, each contractor shall be required to maintain a minimum of a $5,000,000 protective liability insurance coverage with the Village named as an insured thereon for any demolition other than a garage, porch or single-family residence. Each bond shall contain the following language:
Principal shall faithfully observe and fully comply with the provisions of all applicable ordinances of the Village of Elmwood Park and shall indemnify and hold harmless the Village of Elmwood Park and any other person who may be injured thereby against any and all loss, cost, damage or expense incurred directly or indirectly by reason of (1) failure of the principal to observe any ordinance of the Village pertaining to wrecking, demolition, and/or excavations, (2) failure of the principal to observe all rules and regulations established under the authority of any ordinances of the Village pertaining to wrecking, demolition, and/or excavations, (3) negligence of the firm or its employees performing or protecting any wrecking, demolition, or excavation site, (4) failure of the principal to correct or complete any error or omission which fails to comply with the applicable ordinances of the Village of Elmwood Park.
(The paragraph above must be incorporated into the body of the bond and not attached.)
(7) 
When applicable, as determined by the building commissioner, perform soil boring tests on the subject property and furnish a copy of the results of said tests to the building commissioner, and to take any additional precautions required by the building commissioner in connection with such tests.
(8) 
Furnish such other information or documents to the building commissioner as he may reasonably require.
[Ord. 3-19-1990, § 1]
All persons who are required to perform or submit to tests and inspections of elevators, dumbwaiters, escalators and conveyor equipment, as required by Article 26 of the BOCA national building code, as amended, shall pay to the Village an administrative fee of $50 each time said inspection or testing is required. Said fee shall be in addition to any other costs required for the performance of such tests or inspections.