[HISTORY: Adopted by the Board of Trustees of the Village of Westville as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-15-2021 by Ord. No. 21-1487]
The above recitals are incorporated herein by this reference as if specifically stated in full.
Editor's Note: Said recitals can be found in Ord. No. 21-1487.
The Village of Westville Code of Ordinances is hereby amended to incorporate by reference all provisions of the 2018 International Property Maintenance Code ("IPMC") as a stand-alone Property Maintenance Code ("code").
To assist with enforcement of the code, the Village hereby appoints David Biggerstaff to serve as the Code Official pursuant to Section 103.2 of the IPMC, subject to termination by the Village Board at any time without cause.
The Village's adoption of the 2018 IPMC includes the following additions and deletions to conform to the Village's intent:
Section 101.1 (Title) shall be amended to read as follows: These regulations shall be known as the "International Property Maintenance Code of the Village of Westville, Illinois," hereinafter referred to as "this code."
Section 102.3 (Application of other codes) shall be amended to read as follows: Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the applicable state or local code. Nothing in this code shall be construed to cancel, modify or set aside any provision in any applicable local, state or federal code or statute.
Section 102.7 (Referenced codes and standards) shall be amended to read as follows: The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where conflicts occur between provisions of this code and the referenced standards, the more restrictive standard shall apply, unless otherwise stated in the relevant code section(s).
Section 103.5 (Fees) shall be amended to read as follows: The fees for activities and services performed by the Village in carrying out its responsibilities under this code may be established by a schedule of fees approved by the jurisdiction and applied by the Code Official.
Section 106 (Violations) shall be replaced with the following: Any person violating any provisions of this article shall be fined as follows:
Unless another fine or penalty is specified, any residential property owner/occupier violating any of the terms or provisions of this code or failing to comply with an order of the Code Official shall be fined no more than $100 for the first offense, $200 for the second offense, and $500 for each subsequent offense. Each day such violation is committed or permitted to continue or exist shall constitute a separate offense and shall be punishable as such. For purposes of this subsection, "residential property owner/occupier" shall mean a person who occupies or dwells in a residential dwelling unit of which the same person is the legal or beneficial owner or the owner of residential property that is not offered to tenants for occupancy.
Unless another fine or penalty is specified, any contractor, commercial property owner, firm or corporation violating any of the terms or provisions of this code or failing to comply with an order of the Code Official shall be fined not less than $200 for the first offense, $400 for the second offense and $1,000 for each subsequent offense, but not more than $2,500 for any violation. Each day such violation is committed or permitted to continue or exist shall constitute a separate offense and shall be punishable as such. For purposes of this subsection, "commercial property owner" shall include the landlord of a residential dwelling unit that is tenant occupied or offered to tenants for occupancy.
Section 111 (Means of Appeal) shall be replaced with the following: The Village Board shall hear and decide all appeals from a property owner for any alleged erroneous decisions of the Code Official or an issuance of a compliance order relating to the enforcement of this article. Appeals must be filed with the Village Board within five business days of the compliance order. The Village Board will submit its decision and resolution to the appeal to the owner within 10 business days.
Section 112.4 (Failure to comply) shall be amended to read as follows: Any person who shall continue work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine as outlined in Section 106 (Violations).
Section 302.4 (Weeds) shall be amended to replace "[Jurisdiction to Insert Height in Inches]" with "eight inches."
Section 304.14 (Insect screens) shall be amended to read as follows: During the period of May 1 to September 30, every door, window, and outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.
Section 602.3 (Heat supply) shall be amended to state: Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to May 30 to maintain a minimum temperature of 68° F. in all habitable rooms, bathrooms and toilet rooms.
Section 602.4 (Occupiable work spaces) shall be amended to state: Indoor occupiable work spaces shall be supplied with heat during the period from September 1 to May 30 to maintain a minimum temperature of 65° F. during the period the spaces are occupied.
In the event a court of competent jurisdiction finds this article or any provision hereof to be invalid or unenforceable as applied, such finding shall not affect the validity of the remaining provisions of this article and the application thereof to the greatest extent permitted by law.
All ordinances or parts of ordinances in conflict herewith are hereby repealed; provided, however, that nothing herein contained shall affect any rights, actions, or causes of action which shall have accrued to the Village of Westville prior to the effective date of this article.
This article shall be in full force and effect from and after passage, approval by all necessary state agencies, and publication in pamphlet form as provided by law.