[Adopted 2-15-2021 by Ord. No. 21-1487]
The above recitals are incorporated herein by this reference
as if specifically stated in full.
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:
A. 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."
B. 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.
C. 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).
D. 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.
E. Section 106 (Violations) shall be replaced with the following: Any
person violating any provisions of this article shall be fined as
follows:
(1) 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.
(2) 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.
F. 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.
G. 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).
H. Section 302.4 (Weeds) shall be amended to replace "[Jurisdiction
to Insert Height in Inches]" with "eight inches."
I. 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.
J. 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.
K. 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.