Article X: Condition Assessments of Parking Garages

§ 132-81 Condition assessments of parking garages required.

Condition assessment general requirements.

The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment, periodic condition assessments, and such additional condition assessments as may be required by this section.

(2)

Each condition assessment shall be conducted by or under the direct supervision of a professional engineer.

(3)

A written report of each condition assessment shall be prepared and provided to the Village in accordance with the requirements of Subsection E of this section. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage.

Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows:

(1)

Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of use and occupancy being issued for the structure.

(2)

Parking garages constructed prior to August 29, 2018, shall undergo an initial condition assessment as follows:

(a)

If originally constructed prior to January 1, 1984, then prior to October 1, 2019;

(b)

If originally constructed between January 1, 1984, and December 31, 2002, then prior to October 1, 2020; and

(c)

If originally constructed between January 1, 2003, and December 14, 2021, then prior to October 1, 2021.

(3)

Any parking garage construction prior to the effective date of this chapter that has not undergone an initial condition assessment prior to that effective date shall undergo an initial condition assessment within six months of the effective date of this chapter.

Periodic condition assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition every three years.

Additional condition assessments.

(1)

If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required, the Village shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report.

(2)

If the Village becomes aware of any new or increased deterioration which, in the judgment of the Village, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required, the Village shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Village to be appropriate.

Condition assessment reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Village immediately upon completion. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include:

(1)

An evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure;

(2)

An evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure;

(3)

An evaluation and description of the unsafe conditions;

(4)

An evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions;

(5)

An evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions;

(6)

An evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions;

(7)

The responsible professional engineer's recommendation regarding preventative maintenance;

(8)

Except in the case of the report of the initial condition assessment, the responsible professional engineer's attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and

(9)

The responsible professional engineer's recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage's age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment.

Review of condition assessment reports.

(1)

The Village shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report.

(2)

In particular, but not by way of limitation, the Village shall, by order to remedy or such other means of enforcement as the Village may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report.

(3)

All repairs and remedies shall comply with the applicable provisions of the Uniform Code and the Village Code.

(4)

This section shall not limit or impar the right of the Village to take any other enforcement action, including but not limited to suspension or revocation of a parking garage's operating permit, as may be necessary or appropriate in response to the information in a condition assessment report.

The Village shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Village with a written statement attesting to the fact that he or she has been so engaged, the Village shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The Village shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer.

This section shall not limit or impair the right or the obligation of the Village:

(1)

To perform construction inspections;

(2)

To perform such periodic fire safety and property maintenance inspections; and/or

(3)

To take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Village by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment.