City of Le Roy, IL Chapter 9-1 Building Code

§ 9-1-1 Building Division.

[Ord. 619, 8-7-1995; amended by 2003 Code]

A. Division Established. There is hereby created the Building Division of the City Street and Property Department. This division shall consist of the Code Compliance Officer and other officials and employees as may be provided for by the Council.

B. Functions of Division.

1. Enforcement of Building Laws. The Building Division shall by all appropriate means enforce all the laws and ordinances of the City relating to the condition, construction, repair, alteration, addition, or demolition of buildings or structures including codes regarding related work such as plumbing, electrical, mechanical, elevator, and the like. Division personnel shall make all appropriate inspections and engage in related activities in connection therewith.

2. Zoning Enforcement. The Building Division shall enforce the zoning title of this Code.

3. Prosecutions. Personnel of the Building Division shall sign complaints and appear in court if necessary to enforce the laws and ordinances referred to in this subsection.

C. Code Compliance Officer.

1. Position Established. There is hereby established the position of Code Compliance Officer whose hiring shall be recommended by the City administration and approved by the City Council. The Code Compliance Officer shall act and be known as the Zoning Administrator, Plumbing Inspector, Electrical Inspector, Heating/Air Conditioning/Ventilation Inspector, Elevator Inspector, and plans examiner in the absence of appointment of other persons in the Building Division to those positions.

2. Duties: The Code Compliance Officer shall:

a. Be responsible for ensuring that the functions of the Building Division are performed.

b. Issue or cause to be issued all permits required for building construction and uses of property regulated by this chapter.

c. Be charged with the responsibility of ensuring that the zoning title is enforced.[1]

[1] Editor's Note: See also Section 10-2-1-2 of this Code.

d. Enforce other related ordinances of the City as provided therein.

D. Employees Of Division; Conflict of Interest: No member or employee of the Building Division shall engage in any occupation or business nor shall any such member or employee be interested in any manner in any business which is subject to the regulations of this chapter or the zoning title.

§ 9-1-2 Scope of Provisions.

[Ord. 619, 8-7-1995; amended by 2003 Code]

A. Citation and Scope.

1. This chapter shall constitute and be known as the "Le Roy Building Code" and may be cited as such; and all aspects of buildings, including, but not limited to, the erection, construction, enlargement, rebuilding, alteration, repairing, moving, shoring, removal, demolition, equipment, use, height, area, conversion of occupancy, and the installation of plumbing, heating apparatus, boilers, elevators, electrical wiring, mechanical ventilation, natural lighting and maintenance of all buildings or structures within the corporate limits of the City, shall be carried out in conformity herewith.

2. The requirements contained in this chapter shall apply to all buildings or structures now existing or hereafter erected.

3. All buildings or structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards which are required by this chapter at the erection, alteration or repair of any building shall be maintained in good working order.

4. This subsection shall not be construed as permitting the removal or nonmaintenance of any previously authorized or required devices or safeguards unless authorized in writing by the Code Compliance Officer.

B. Conflicting Provisions.

1. In the event of any conflict: between or among any codes adopted in this chapter; or between any code adopted in this chapter and any other provision of this City code; or between any code adopted in this chapter and any provision of any code adopted by any other provision of this City Code; or between any code adopted in this chapter and any provision of state law; the provision setting the highest standard for health and safety shall prevail.

2. Decisions of the division under this subsection shall be reviewable by the Board of Appeal as provided in this chapter.[1]

[1] See Subsection 9-1-3B12 of this chapter.

§ 9-1-3 Building Code.

[Ord. 619, 8-7-1995; amended by Ord. 688, 7-15-1996; Ord. 706, 11-4-1996; 2003 Code; Ord. 07-04-01-51, 4-2-2007; Ord. 10-07-02-53, 7-19-2010; Ord. 19-08-01-53, 8-5-2019; 1-15-2024 by Ord. No. 24-01-02-53; 2-19-2024 by Ord. No. 24-02-02-53]

A. Adoption of Applicable Codes. The following codes are adopted by the City of Le Roy. Not less than one copy of any Code adopted by this chapter with the specified additions, deletions, insertions, modifications, and amendments shall be filed and kept at the Office of the City Clerk of the City of Le Roy.

1. Adoption of the International Building Code 2021 with Amendments. There is hereby adopted by the City of Le Roy for the purpose of establishing rules, standards, regulations and procedures for the location, construction, maintenance, alteration, removal, demolition, use and occupancy of buildings and structures and the service of equipment located within such buildings or structures a Building Code known as the "International Building Code 2021," published by International Code Council, with specific additions, deletions, insertions, modifications and amendments as set forth in this section, which said Code as so amended is hereinafter referred to as the "IBC." The provisions of said code are hereby adopted and incorporated as fully as if set out at length, and the provisions thereof as added, deleted, inserted, modified and amended by this chapter shall be controlling in regard to all buildings and structures within the cooperate limits of the City.

2. Amendments to the Building Code. The International Building Code, 2021, is amended as follows:

a. Insert the phrase "City of Le Roy, Illinois" in all locations in the IBC where parenthetical reference is made to the "name of jurisdiction."

b. Section 101.2 Scope. Add the phrase "in zero lot-line construction," before the words "multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with a separate means of egress."

c. Section 101.4.3 Plumbing. Substitute the words "State of Illinois" for the word "International" in the first sentence and delete the second sentence.

d. Delete Sections 102.4, 102.4.1, and 102.4.2 and substitute the following: "The codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and other adopted codes and standards, the more restrictive provisions shall apply."

e. Delete Section 103, Code Compliance Agency, and insert in lieu therefor the following:

Section 103.0 Department of Building and Zoning.

Section 103.1 Building and Zoning Department. The Building and Zoning Department of the City of Le Roy shall be the "Department of Building Safety" as that term is used in this Code.

Section 103.2 Code Compliance Officer. The Code Compliance Officer of the City of Le Roy shall be the "Building Official" as that term is used in this Code.

Section 103.3 Restrictions of Employees. The Code Compliance Officer or employee connected with the Department of Building and Zoning except one whose only connection is that of a member of the Zoning Board of Appeals established under the provisions of Section 10-2-1-1 of the Municipal Code of the City of Le Roy, Illinois, 2003, as amended, shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the preparations of plans or the specifications therefor, unless he is the owner of the building, nor shall such officer or employee engage in any work which conflicts with his official duties or with the interests of the Department.

f. Section 105.2 Work Exempt from Permit. Under subsection Building, delete lines numbered 1, 2, 4, 6, and 12 in their entirety.

g. Add new sentence at the beginning of Section 105.5, Expiration, as follows: "Every permit issued shall expire and become invalid one year after issuance or a later date if a later date is indicated on the permit by the Building Official."

h. 

Add the following:

Section 105.8 Additional Permit Requirements:

Section 105.8 Miscellaneous Permit Requirements: No building permit shall be issued until the following conditions are met:

a. Application for Service. No person, firm, corporation or agency shall be issued a building permit under this chapter unless and until all applicable requirements are met as set forth in Section 8-1-2 of the Municipal Code, City of Le Roy, 2003, as amended. This subsection shall not apply to building permits issued solely for the alteration, repair, shoring, or maintenance or existing building structures unless it involves replacing the water supply service to the City main.

b. No person, firm, corporation or agency shall be issued a building permit under this chapter unless and until a City of Le Roy building sewer and connection permit has been obtained for the proposed construction as set forth in Section 8-4-4 of the Municipal Code, City of Le Roy, 2003. This subsection shall not apply to building permits issued solely for the alteration, repair, shoring, or maintenance of existing buildings or structures.

c. No person, firm, corporation, agency, partnership or other entity shall undertake or cause to be undertaken any type of alteration to the exterior of any property designated a historical landmark by the City of Le Roy or any property located within an area designated as a historical district by the City of Le Roy without first submitting plans and obtaining from the City a building permit for such alteration. As used herein, the term "alteration" means any type of modification or repair, including but not limited to maintenance, shoring, repair work, alteration, additions, rejuvenations, rehabilitations, remodeling, or any other action which changes in any manner the existing physical appearance of such property, except for painting. In addition to the general penalties set forth in this chapter, any violation of the foregoing shall be subject to the following: (a) Equitable relief as provided by law; or (b) A fine in any amount no more than $500 for each offense. A separate and distinct offense shall be regarded each day upon which said violation shall continue after knowledge or notification of the existence thereof to or by the violator.

i. Section 107.5. Retention of construction documents. Delete this section.

j. 

Add at the end of Section 109.2, Schedule of Permit Fees, the following:

a. General. The fee for a permit shall be based upon the reasonable cost of improvements, including material and labor in accordance with the fee schedule of Subsection b of this section. Estimated cost shall include all cost of labor and material given a fair market value. In the absence of a bona fide contract establishing the estimated costs, the values for arriving at the fee for a permit shall be established by the Code Official upon the basis of area and type of construction.

b. Fee Schedule. Fees shall be as set forth in Section 9-1-3, Subsection B3 of the Municipal Code of the City of Le Roy.

k. Add to the existing language of Section 111.3, Temporary Occupancy, the following: "Temporary use or occupancy may be granted by the Code Official for maximum duration of one month from the date of issuance. Such occupancy may be further extended only by approval of the City Administrator, subject to a favorable safety inspection by the Code Compliance Officer."

l. Add to the existing language of Section 112.1, Connection of Service Utilities, the following: "No utility meters shall be placed on the street side(s) of any commercial or multiple-family building."

m. Delete the existing language of Section 113, Board of Appeals, and substitute therefor the following:

Section 113 General. Decisions of the Code Compliance Officer may be appealed to the Zoning Board of Appeals pursuant to Section 10-2-6 of the Municipal Code of the City of Le Roy except no appeal may be filed after the City has initiated legal or administrative proceedings seeking compliance with this Code or penalties for a violation of this Code.

n. Delete Section 114.3, Prosecution of Violation, and substitute therefor the following: "In case of a violation of any provision of this Code, the Building Official may cause to be instituted the appropriate proceeding at law or in equity with the City's administrative process to obtain penalties or to restrain, correct or abate such violation, or to require the removal or termination of an unlawful occupancy of the structure. The City may take action to abate any violation, and any costs incurred in abating such violation may be charged against the real estate upon which such abatement occurs and shall be a lien upon such property."

o. Delete the existing language of Section 114.4, Violation Penalties, and insert in lieu thereof the following:

Section 114.4 Penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the investigation or enforcement of, any of the provisions of this chapter or any of the codes as adopted and modified hereby may be subject to the penalties prescribed in the Municipal Code of the City of Le Roy, Illinois, 2003, as amended.

p. Add to Section 1027.1, Exterior Exit Stairways and Ramps, as follows: "No exterior stairways shall be placed or construed on the street side(s) of commercial or multifamily buildings."

q. Add to Table 1607.1 Balconies (exterior) and Decks: Section 5 - Hotels and Multiple-Family Dwellings - 100.

r. Delete the existing language of Section 2901.1, Scope, and substitute in lieu thereof the following:

Section 2901.1 Scope. The design and installation of plumbing systems, including sanitary and storm drainage, sanitary facilities, water supplies and stormwater and sewage disposal in buildings and structures, shall comply with the requirements of this article, and the requirements of the Illinois Plumbing Code.

s. Add Section 3001.6 as follows:

Section 3001.6. Each elevator must comply with all state laws, including required inspections, and must display any certificate of inspection. A copy of proof of compliance with the state statute must be sent to the Building Official upon demand of the Building Official.

B. Amendments To Code: The provisions of this subsection represent changes to the international building code/2006 or correspond to the sections of said code which are completed, modified, deleted, and/or added as shown as follows:

1. Demolition Work Bond, being an addition to the international building code is adopted as follows:

Demolition Work Bond:
(a)	Requirement. Before any permit required by this Code is issued granting authority to demolish or remove a building or structure, the person engaged in the work of demolishing or removing the same shall file with the City Clerk a copy of a performance bond with a surety company as surety naming the person for whom the work is done as obligee to guarantee faithful performance of the terms and conditions of the permit and all applicable federal, state or local regulations and to correct or complete a demolition or removal operation when the demolition contractor or contractor undertaking the removal fails or is unable to do the same upon written notice from the City. Such bond may be written for one or more demolition or removal projects and shall be in an amount of not less than 100% of the amount of the demolition or structure removal contract.
(b)	Permit. No permit shall be issued for any demolition or structure removal work until such bond is filed. Upon the filing of such bond and certificate of insurance, as provided herein, the person engaged in the work of demolishing or removing such building(s) and other structures may obtain permits for such demolition or removal operations as are authorized under the bond, provided, however, that in case of an accident or casualty in the progress of any demolition or removal operation carried on under any permit so issued or the happening of any circumstance which might, in the opinion of the code compliance officer, render such bond inadequate, the code compliance officer may, in his or her discretion, require such additional bond as he or she may deem necessary to fully insure satisfactory completion of the project before he or she allows the work to proceed or before any additional permit(s) are issued by him or her. In lieu of a bond required under this subsection, a certified or cashier's check in the amount of the bond payable to the City of Le Roy shall be deposited with the City at the time of application for the demolition or structure removal permit. The amount of said check as is not required for satisfactory completion of the project shall be refunded to the applicant upon completion.
(c)	Waiver: The foregoing requirement for bond may be waived at the discretion of the code compliance officer when:
	(1)	The estimated cost of demolition or removal of a structure, including removal of the debris and clearing the site, is less than $500;
	(2)	No extra hazardous conditions exist; and
	(3)	The demolition or structure removal permit is being sought by the owner of the structure serving as the contractor for the project.

2. Insurance, being an addition to the international building code, is adopted in words and figures as follow:

Insurance:
(a)	Requirement. Before any permit required by this Code is issued granting authority to demolish or remove a building or structure, the person engaged in the work of demolition or removal of such building shall file with the code compliance officer a certificate of liability insurance with the City of Le Roy as a named insured showing coverage of not less than the following amounts:

	Bodily Injury:
	Each Occurrence			$500,000
	Each Person			$500,000
	Property Damage:
	Each Occurrence			$100,000
	Aggregate			$100,000
	Where any structure to be demolished or removed exceeds three stories in height, the code compliance officer may, in his or her discretion, require additional insurance in an amount not to exceed double the amounts shown herein.

(b)	Waiver: The foregoing insurance requirement may be waived at the discretion of the code compliance officer when:
	(1)	The estimated cost of demolition of a structure, including removal of the debris and clearing the site, is less than $500;
	(2)	No extra hazardous conditions exist; and
	(3)	The demolition or structure removal permit is being sought by the owner of the structure.

3. Fee Schedules, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Fee Schedules:
(a)		General. The fee for permits for work regulated by any code adopted by reference into the City of Le Roy Municipal Code, Title 9, Chapter 9-1, shall be as provided in this section. The fee for a permit shall be based on the reasonable cost of the improvement, including material and labor, in accordance with the fee schedule of Subsection B3(b) of this section. If the code compliance officer determines that the applicant's estimate of the cost of improvement is unreasonable, the permit fee shall be based on the construction contract or detailed bill of materials and cost of labor. The code compliance officer's determination of the reasonableness of the applicant's estimate shall be appealable as provided in this Code.
(b)		Fee schedule based on estimated value of improvements:

Estimated Cost	Fee
$0 to $1,000	Flat Fee of $30
$1,001 to $5,000	Flat Fee of $55
$5,001 to $10,000	$63 plus $0.42 per hundred or part thereof of the estimated cost over $5,000. Maximum - $84
$10,001 to $50,000	$84 plus $0.315 per hundred or part thereof of the estimated cost over $10,000. Maximum - $210
$50,001 to $100,000	$210 plus $0.27 per hundred or part thereof of the estimated cost over $50,000. Maximum - $346.50
$100,001 to $500,000	$346.50 plus $0.24 per hundred or part thereof of the estimated cost over $100,000. Maximum - $1,312.50
$500,001 to $1,000,000	$1,312.50 plus $0.21 per hundred or part thereof of the estimated cost over $500,000. Maximum - $2,362.50
$1,000,001 to $5,000,000	$2,362.50 plus $0.18 per hundred or part thereof of the estimated cost over $1,000,000. Maximum - $9,502.50
$5,000,001 to $10,000,000	$9,502.50 plus $0.16 per hundred or part thereof of the estimated cost over $5,000,000. Maximum - $17,377.50
$10,000,001 to $50,000,000	$17,377.50 plus $0.13 per hundred or part thereof of the estimated cost over $10,000,000. Maximum - $67,777.50
$50,000,001 to $100,000,000	$67,777.50 plus $0.11 per hundred or part thereof of the estimated cost over $50,000,000. Maximum - $120,277.50
$100,000,001 & Over	$120,277.50 plus $0.05 per hundred or part thereof of the estimated cost over $100,000,001.

Notes:
	(1)		This schedule is applicable to each detached and independent building or structure on a lot considered separately. For purposes of this section, any structure under one roof shall be considered as one building.
	(2)		No permit shall be required for: installation of siding on the exterior of any building; guttering work; or minor repairs not to exceed $5,000 in cost (labor and materials) on existing structures.
	(3)		The Code Compliance Officer may waive or adjust the amount of the fee for minor work permits required by this Code.
(c)	Definitions: For clarity, the following definitions and guidelines are herein incorporated:
	(1)			"Estimated cost" shall include all costs of labor and material given fair market value. A contractor-owner contract or letter of acceptance, certified architect-engineer estimate or accepted bid, or equivalent shall be acceptable as estimated cost adjusted only as allowed by the other provisions of this section.
	(2)			For the purposes of clarification, the following costs are included in the estimated cost:
				a.	Excavation work for foundations and subgrade structures;
				b.	Rough grading for drainage;
				c.	Dust proofing of parking lots/spaces including drainage; paving of parking lots;
				d.	Work required by zoning, rezoning, or annexation conditions under the building division's supervisory jurisdiction;
				e.	Required screening and/or landscaping;
				f.	All mechanical work cost including electrical, heating, ventilation, air-conditioning, plumbing, elevator, energy conservation, and the like;
				g.	Structural support for free standing signs.
	(3)			Allowed exclusions from the estimated cost for fee consideration are the cost of the following:
				a.	Painting;
				b.	Nonstructural embellishments;
				c.	Cabinetry or shelving not affecting existing or fire rating requirements;
				d.	Fixtures not regulated by this Code and intended only for aesthetic purposes;
				e.	Landscaping not required by statute or any applicable code or other law.
	(4)			The estimated cost for permit and fee consideration of temporary buildings/structures shall be the labor cost of assembling, disassembling, and disposal or moving without affecting regular street traffic.
(d)	Fee Surcharge. Any work undertaken without a permit shall be subject to a surcharge of 50% of the regular charge or $25, whichever is greater, upon issuance of a valid permit. This shall be construed as a supplemental penalty accruing regardless of any imposition provided for in this Code.

4. Moving of Buildings, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Moving of Buildings: A permit to move a building or structure shall be issued by the code compliance officer only after clearance is obtained from the City. Issuance of a moving permit does not relieve the permittee from any obligation of complying with all other applicable codes of the City. The moving permit shall not be construed as a building permit. The moving permit fee shall be calculated based on the estimated cost of moving including loading and/or unloading within the City limits. If unloading is related to a building permit, the same shall be excluded from the estimated moving cost. The fee to be charged for such permit shall be as shown on the fee scale of Section 9-1-3B3 of the City code plus $25 for each building/structure moved (modular buildings/structures included).

5. Demolition, is hereby deleted, and the following language is substituted therefor as new section of the international building code:

Demolition. The fee for a demolition permit shall be based on the estimated cost of demolition per building/structure including work on filling, grading, cleaning or safeguarding of the site. A permit shall be issued only after clearance from all utility companies having services that will be or could be affected has been obtained. The fee scales of Section 9-1-3B3 of the City code shall apply for each building/structure to be demolished.

6. Sign Permits and Fees, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Sign Permits and Fees: Application for permit shall be filed with the code compliance officer together with a permit fee which shall be based on the reasonable cost of the sign and supporting structure which includes cost of material and labor in accordance with the fee schedule of .Section 9-1-3B3 of the City code plus $0.20 per square foot of sign area.

7. Mechanical Works Fees (Electrical, HVAC, Etc.), is hereby deleted and the following language is substituted therefor as new section of the international building code:

Mechanical Works Fees (Electrical, HVAC, Etc.): See Section 9-1-3B3 of the City code. Fees for electrical work shall be those as set forth under Section 9-1-3B11 of the City code.

8. Power Boiler Inspection Fee, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Power Boiler Inspection Fee: The code compliance officer shall waive all fees and requirements for such inspections.

9. Crematory/Incinerator Inspection Fees, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Crematory/Incinerator Inspection Fees: The fee for annual crematory/incinerator inspection shall be $100.

10. Elevator Permits, Certificates, Fees, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Elevator Permits, Certificates, Fees: The code compliance officer shall waive all permits and fees.

11. Electrical Permit Fee, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Electrical Permit Fee: Beginning on the date of adoption of this ordinance, for all electrical work in new construction, a permit shall be required and a fee shall be charged as set forth hereafter. Further, installation of new electric service (defined to be new meter base and/or circuit panel) to an existing structure shall also require a permit, and a fee shall be charged as set forth hereafter. All other electrical work done on existing structure shall not require a permit or fee until February 29, 1996. After that date (beginning March 1, 1996) the code compliance officer shall no longer be permitted to waive any permits or fees for new electrical work done on existing structures. The fee for electrical work for new structures being constructed shall be considered included with the building permit fee under Section 9-1-3B3 of the City code. The fee for electrical work on existing structures shall be calculated in accordance with the fee schedule set forth in Section 9-1-3B3 of the City code.

12. Plumbing Permit Fee, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Plumbing Permit Fee: The code compliance officer shall waive all permits and fees.

13. Roofing Permit, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Roofing Permit: A permit for roofing work done by a roofing contractor as defined in the Illinois roofing industry licensing act[1] shall be issued by the code compliance officer upon ascertaining that the contractor to do the work is duly and currently certified as a roofing contractor by the state of Illinois. See Section 9-1-3B3 of the City code for permit fee.

[1] Editor's Note: See 225 ILCS 335/1 et seq.

14. Amusement Device Permit, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Amusement Device Permit: Amusement device permit (reserved)

15. Reinspection Fee, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Reinspection Fee: If a contractor/owner/agent notifies the City that a project is ready for final inspection and, upon inspection, the City finds the project not completed, then the City shall charge a fee of $25 for each reinspection required. The fee shall be paid prior to reinspection.

16. Accounting Schedules, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Accounting: The office manager shall keep an accurate account of all fees collected; and such collected fees shall be deposited regularly in the jurisdiction's treasury or otherwise as required by law.

17. Refund Schedules, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Refund Schedules: In the case of a revocation of a permit or abandonment or discontinuance of a work project, no fees shall be subject to refund. Where a refund is otherwise justified and approved by the code compliance officer, the same will be permitted less $10 for a service fee.

18. Issuance of Permit - Occupancy Prohibited, being an addition to the international building code, is adopted in words and figures as follow:

Issuance of Permit - Occupancy Prohibited: No building permit shall be issued for any building posted "No Occupancy" except in conformity with the provisions of this section.
(a)	Scope of Permit: A building permit for a posted building shall cover all work needed to bring the building into conformity with all relevant codes of the City without regard to whether a building permit would otherwise be required for such work.
(b)	Application of Permit: An application for a building permit for a posted building shall include the following information:
	(1)	Sufficient plans and/or drawings showing how the building will be brought into conformity with applicable codes;
	(2)	A realistic cost estimate of materials and labor needed to bring the building into compliance;
	(3)	A reasonable timetable for completion of work;
	(4)	Evidence of financial capacity and ability to make repairs approved by the code compliance officer.

19. Violation Penalties, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Violation Penalties: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, add to, or repair a building or structure in violation of an approved plan or directive of the code compliance officer, or of a permit or certificate under the provisions of this Code, shall be guilty of an ordinance violation, and shall be subject to penalty as provided in Title 1, Chapter 1-4, of the City code. Each day that a violation continues shall be deemed a separate offense.

20. Unlawful Continuance, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Unlawful Continuance: Any person who shall continue any work in or about the building after having been served with a stop work order, except such work as he, she or it is directed to perform to remove a violation or unsafe condition(s), shall be subject to penalty as provided in Title 1, Chapter 1-4, of this Code. Each day the violation continues shall be deemed a separate offense.

21. New section, Special Fees, being an addition to the international building code, as adopted in words and figures as follow:

Special Fees: The payment of the fee for the construction, alteration, removal or demolition, and for all work done in connection with or concurrently with the work contemplated by a building permit, shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinance for water taps, sewer connections, and the like, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the building division.

22. New Buildings - Certificate Of Occupancy, is hereby deleted and the following language is substituted therefor as new section of the international building code:

New Buildings - Certificate Of Occupancy[2]: No person shall use or occupy or permit use or occupancy in whole or in part of, any building hereafter erected until a certificate of use or occupancy shall have been issued by the code compliance officer.

[2] Editor's Note: See also Section 10-2-3 of this Code.

23. Temporary Occupancy, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Temporary Occupancy: Temporary use or occupancy may be granted by the code compliance officer for a maximum duration of 1 month from the certificate's date of issuance. The same may be extended monthly only by approval of the City Administrator for a maximum of 3 extensions subject to a favorable safety inspection by the code compliance officer.

24. New section, Building Hereafter Altered, being an addition to the international building code, is adopted in words and figures as follow:

Building Hereafter Altered: No person shall use or occupy or permit the use in whole or in part of:
(1)	Any building hereafter enlarged, extended or altered to change from 1 use group to another; or
(2)	Any building hereafter altered for which a certificate of occupancy has not been heretofore issued, until a certificate of use or occupancy shall have been issued by the code compliance officer, certifying that the work has been completed in accordance with the provisions of the approved permit; except that any use or occupancy which was not discontinued during the work or alteration shall be discontinued within 30 days after completion of the alteration unless the required certificate is secured from the code compliance officer.

25. Application For Appeal, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Application For Appeal: Any person may appeal to the construction board of appeal from a decision of the code compliance officer refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. Application for appeal may be made when it is claimed that the true intent of this Code or the provisions of this Code do not fully apply or an equally good or better form of construction can be used.

26. Fee For Appeals, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Fee For Appeals: Any petition for a variance/interpretation from the construction board of appeal shall be filed with the building division, accompanied by a fee of $100, payable to the City of Le Roy. Each extra petition in a multiple petition shall be charged a fee of $25.

27. Membership of Board, and all subsections thereof, are hereby deleted and the following language is substituted therefor as new section of the international building code:

Membership of Board: The construction board of appeal shall consist of the Mayor, all City Council members, and 1 additional person to be appointed by the Mayor and approved by the City Council. The additional member shall be a resident of Le Roy and, to the greatest extent possible, shall have experience, background, education and training in the building and construction trades, engineering or architectural professions, or other related professional or work areas.

28. Termination, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Termination: The term of each additional member (non-City Council or Mayor members) of the Construction Board of Appeal shall end on April 30th of their fifth year.

29. Alternate Members, being an addition to the international building code, is adopted in words and figures as follow:

Alternate Members: The Mayor shall appoint 2 alternate members who shall be called by the construction board of appeal chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required of the "additional member" as set forth in Section 9-1-3B27 of the City Code.

30. New section, Chairman, being an addition to the international building code, as adopted in words and figures as follow:

Chairman: The Mayor shall serve as chairman of the construction board of appeal. In the absence of the Mayor, the board shall elect a presiding chairman for the purposes of conducting any meeting or hearing convened by the board.

31. Disqualification Of Member, being an addition to the international building code, is adopted in words and figures as follow:

Disqualification Of Member: A member of the construction board of appeal shall not hear an appeal in which that member has any personal, professional or financial interest.

32. Secretary, being an addition to the international building code, is adopted in words and figures as follow:

Secretary: The chairman of the construction board of appeal shall designate a qualified individual to serve as secretary for the board.

The secretary shall file a detailed record of all proceedings in the office of the City Clerk.

33. Compensation, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Compensation: Members of the construction board of appeal shall serve without compensation.

34. Procedure, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Procedure: The Construction Board of Appeal is authorized to enact rules of procedure governing its proceedings consistent with this Code.

35. Quorum, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Quorum: 6 members of the construction board of appeal shall constitute a quorum for the purpose of doing business.

36. Action of Board, is hereby deleted and the following language is substituted therefor as new section of the international building code:

The board shall modify or reverse the decision of the code official by a majority vote of those present at a duly convened meeting at which a quorum was present at the time the vote was taken and at all times previous during the course of any hearing or deliberation on an appeal.

37. Minimum Glazing Area, Adjoining Spaces, Ventilation Area Required, And Adjoining Spaces, of the international building code are hereby further amended by addition of the following words at the end of the current provisions set forth in each of the aforesaid provisions:

. . . Bedroom windows can be replaced with windows (openings) or glazing of the same size. However, no bedroom window (opening) or glazing can be made smaller or reduced below the minimum required egress size, in accordance with this Code (it being the intention of the City of Le Roy that no bedroom or sleeping room window [opening] or glazing shall be compelled by compliance with this Code to be made larger than the current window [opening] or glazing when the same is being replaced, although the property owner may make the same larger if they so desire).

38. Snow Load, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Snow Load: The basic ground snow load to be assumed in the design of buildings or structures shall be 30 pounds per square foot.

39. Windloads, is hereby deleted and the following language is substituted therefor as new section of the international building code:

Windloads: All exposed structures or parts of structures shall be designed to resist the pressures due to wind in any direction. The basic minimum wind speed for the design of structures shall be based on location of the structure determined by 80 m.p.h. wind factor.

40. New section, Frostline, being an addition to the international building code, is adopted in words and figures as follow:

Frostline: All foundations that may be affected by freezing shall be built at least 40 inches below the adjacent grade for frost protection.

41. Existing Plumbing Systems chapter of the international building code is hereby deleted and the following language is substituted therefor as new chapter of the international building code:

Plumbing Systems

Plumbing - Scope: The design and installation of plumbing systems, including sanitary and storm drainage, sanitary facilities, water supplies and storm water and sewage disposal in buildings shall comply with the requirements of this Code, accepted engineering practice as defined in the Illinois state plumbing code, and with the requirements of the Illinois state plumbing code. Plumbing work in the City must be done by a state licensed plumber.

42. Signs, section entitled "General" of the international building code, is hereby amended by addition of the following language at the end of the current provision:

...No person shall erect, install, remove or rehang or maintain over any public place any sign for which a permit is required under the provisions of this Code until an approved bond shall have been filed in the sum of $5,000 as herein required or until an insurance policy shall have been filed for public liability in the sum of one $100,000 per accident and for property damage in the sum of $50,000 as herein required.

43. Plumbing fixtures or drains shall have overhead discharge and no gravity discharge to the sewer system, in words and figures as follows:

Residential one-family and two-family homes, multi-family dwellings, commercial, and industrial for which a permit for initial construction is issued after July 1, 2010, with levels below grade which are provided with plumbing fixtures or drains shall have an overhead sewage injection pump/pit or backflow protection as deemed appropriate by the City of Le Roy and/or designated City staff and no gravity discharge to the sewer system.

§ 9-1-4 Residential Code.

[Ord. 619, 8-7-1995; amended by Ord. 688, 7-15-1996; 2003 Code; Ord. 07-04-01-51, 4-2-2007; 1-15-2024 by Ord. No. 24-01-03-53]

A. Adoption of the International Residential Code 2021 with amendments. There is hereby adopted by the City of Le Roy for the purpose of regulating and controlling the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of maintenance of building systems in residential buildings thereto, a building code known as the "International Residential Code," 2021 Edition, published by the International Code Council, as amended thereto with specific addictions, deletions, insertions, modifications, and amendments, as set forth in this section, which said code as so amended is hereinafter referred to as the "International Residential Code." The provisions of said code are hereby adopted and incorporated as fully as if set out at length and the provisions thereof as added, deleted, inserted, modified and amended by this section shall be controlling in regard to all matters pertaining to the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of or maintenance of building systems in residential buildings thereto.

B. Amendments to the International Residential Code. The International Residential Code, 2021, is amended as follows:

1. In Section 101.2: Delete the exceptions and insert the phrase "in zero lot-line construction" before the words "townhouses not more than three stories above grade plan in height with a separate means of egress and their accessory. . ."

2. Delete Sections 102.4 inclusive of the exception, 102.4.1, and 102.4.2, and substitute the following: "The codes and standards referenced in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and other adopted codes and standards, the more restrictive provisions shall apply."

3. Delete Section 103, Department of Building Safety, and insert in lieu therefor the following:

Section 103 Department of Building and Zoning.

Section 103.1 Building Inspection Department. The Department of Building and Zoning of the City of Le Roy shall be the "Department of Building Safety" as that term is used in this Code.

Section 103.2 Code Enforcement Officer. The Code Enforcement Officer of the City of Le Roy shall be the "Building Official" as that term is used in this Code.

Section 103.3 Restrictions of Employees. The Codex Compliance Officer or employee connected with the Department of Building and Zoning except one whose only connection is that of a member of the Zoning Board of Appeals established under the provision of Section 10-2-1-1 of the Municipal Code of the City of Le Roy, Illinois, 2003, as amended, shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the preparation of the plans or the specifications therefor, unless he is the owner of the building, nor shall such officer or employee engage in any work which conflicts with his official duties or with the interests of the Department.

4. Section 104.6 Right of entry. Delete this entire section and substitute therefor the following: "The Code Compliance Officer or his designee is authorized to enter a structure or premises to inspect, subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Code Official is authorized to seek a search warrant as authorized by law."

5. Section 105.2 Work exempt from permit. Delete section Building in its entirety.

6. Add at the beginning of Section 105.5, Expiration as follows: "Every permit issued shall expire and become invalid one year after the issuance or a later date if a later date is indicated on the permit by the building official. A permittee holding an unexpired permit may apply for a one-time ninety-day extension, provided the permittee can show good and satisfactory reasons that the work cannot be completed within the initial one-year period. No additional fee is required for a one-time extension."

7. Section 105.8 Responsibility. Add at the end of the section the following: "Condition of Permits: A construction permit issued pursuant to the Residential Code does not permit a person to perform electrical, plumbing, or other mechanical work. All construction work performed in the City of Le Roy shall be performed in accordance with all plans and specifications submitted to the City of Le Roy for the issuance of a permit. It shall be unlawful for any person to perform construction in a manner not consistent with the permit issued. It shall be unlawful for any person to perform construction work for which a permit is required without a permit. It shall be unlawful for any person to perform construction work after a stop-work order has been issued. All framing, mechanical, plumbing, and electrical work must be inspected before being covered. It is the responsibility of the permit holder to call for all inspections. No permit shall be assigned or transferred to any other person."

8. Add the following Section 105.10, Additional Permit Requirements.

Section 105.10 Miscellaneous Permit Requirements. No building permit shall be issued until the following conditions are met:

a. Application for service. No person, firm, corporation or agency shall be issued a building permit under this chapter unless and until all applicable requirements are met as set forth in Section 8-1-2 of the Municipal Code of the City of Le Roy, 2003, as amended. This subsection shall not apply to building permits issued solely for the alteration, repair, shoring, or maintenance of existing building structures unless it involves replacing the water supply service to the City main.

b. No person, firm, corporation or agency shall be issued a building permit under this chapter unless and until a sewer connection permit has been obtained for the proposed construction. This subsection shall not apply to building permits issued solely for alteration, repair, shoring, or maintenance of existing buildings or structures.

c. No person, firm, corporation, agency, partnership or other entity shall undertake or cause to be undertaken any type of alteration to the exterior of any property designated a historical landmark by the City of Le Roy or any property located within an area designated as a historical district by the City of Le Roy or any property located within an area designated as a historical district without first submitting plans and obtaining from the City of Le Roy a building permit for such alteration. As used herein, the term alterations means any type of modification or repair, including, but not limited to, maintenance, shoring, repair work, alteration, additions, rejuvenations, rehabilitations, remodeling, or any other action which changes in any manner the existing physical appearance of such property, except painting. In addition to the general penalties set forth in this chapter, any violation of the foregoing shall be subject to the following: a) equitable relief as provided by law; or b) a fine in any amount no more than $500 for each offense. A separate and distinct offense shall be regarded each day upon which said violation shall continue after knowledge or notification of the existence thereof to or by the violator.

9. Section 106.3.1 Approval of construction documents. Delete this section.

10. Amend Section 109.1.5, Other Inspections, to include: "In addition to the called inspections above, a site inspection prior to excavation, pre-footing inspection prior to the placement of concrete and a lot grading inspection shall be required inspections enforced by the Department of Building and Zoning."

11. Delete Section 112 and substitute therefor the following:

Section 112 Zoning Board of Appeals. All persons shall have the right to appeal any decision of the Code Compliance Officer to the Zoning Board of Appeals of the City of Le Roy in the manner provided by Section 10-2-6 of the Municipal Code of the City of Le Roy, 2003, as amended, except no appeal may be taken after the City of Le Roy has initiated legal or administrative proceedings seeking compliance with this Code or fines for violation of this Code.

12. Delete Section 113.3 Prosecution of Violation, and substitute therefor: "In case of a violation of any provision of this Code, the Code Compliance Officer may cause to be instituted the appropriate proceeding at law or equity with the City's Administrative Process to obtain penalties or to restrain, correct or abate such violation, or to require the removal or termination of an unlawful occupancy of the structure. The City may take action to abate any violation, and any costs incurred in abating such violations may be charged against the real estate upon which such abatement occurs and shall be a lien upon such property."

13. Delete the existing language of Section 113.4, Violation Penalties, and substitute in lieu therefor the following:

Section 113.4 Violation Penalties. Any person, firm, or corporation violating any provision of this Code shall be subject to the penalty provisions provided in the Municipal Code of the City of Le Roy, Illinois, 2003, as amended.

14. Amend Table No. 301.2(1) Climatic and Geographic Design Criteria as follows:

a. Amend Table 301.2(1) by inserting (20psf) under "Ground Snow Load."

b. Amend Table 301.2(1) by inserting (107 mph) under "Wind Design (Speed)."

c. Amend Table 301.2(1) by inserting (No) under "Wind Design" (Topographical effects).

d. Amend Table 301.2(1) by inserting (No) under "Wind Design" (Special wind region).

e. Amend Table 301.2(1) by inserting (No) under "Wind Design" (Wind-borne debris zone).

f. Amend Table 301.2(1) by inserting (A) under "Seismic Design Category."

g. Amend Table 301.2(1) by inserting (Severe) under "Subject to Damage From" (Weathering).

h. Amend Table 301.2(1) by inserting (40") under "Subject to Damage From" (Frost line Depth).

i. Amend Table 301.2(1) by inserting (Moderate to Heavy) under "Subject to Damage From" (Termite).

j. Amend Table 301.2(1) by inserting (Yes) under "Ice Barrier Underlayment Required."

k. Amend Table 301.2(1) by inserting (Engineering Insurance Study) under "Flood Hazards."

l. Amend Table 301.2(1) by inserting (2000) under "Air Freezing Index."

m. Amend Table 301.2(1) by inserting (51°) under "Mean Annual Temp."

15. Delete the word "Townhouse" from Sections 302.2, 302.2.1, 302.2.2, 302.2.3, and 302.2.6 and insert "Zero Lot Line Units."

16. Amend Section 302.2, Townhouses, to read:

Section 302.2 - Zero Lot Line Units. Each zero lot line unit shall be considered a separate building and shall be separated by two-hour assembly from the foundation to the roof underside. The assembly shall be continuous and shall not be interrupted by unit partitions. This assembly shall be UL listed or USG approved.

17. Amend Section 302.6, Dwelling/Garage Fire Separation, by adding the following sentence: "With a detached garage where the separation between the garage and another structure is less than 10 feet, the entire garage shall be protected by 1/2 gypsum board applied to the inside of the garage."

18. Amend Section R311.7.8, Handrails, specifically R311.7.8.1 through R331.7.8.5, as follows: "The Code Official shall have authority to provide relief from the provisions of these restrictions where an existing structure is located in a designated historic district or included in a City-initiated historic survey as a potential historic structure. The relief shall be limited to exterior applications and attributed to maintaining the architectural integrity of the structure as approved by City Council."

19. Amend Section R312.1, Guards, specifically R312.1.3 as follows: "The Code Official shall have the authority to provide relief from the provisions of these sections where an existing structure is located in a designated historic district, or included in a City-initiated historic survey as a potential historic structure. The relief shall be limited to exterior applications and attributed to maintaining the architectural integrity of the structure as approved by City Council."

20. Delete Section 313, Automatic Fire Sprinkler Systems.

21. Amend Section 401.3, Drainage, to read: "Lot grading shall comply with the approved verified subdivision grading plan as submitted by the lot developer. In addition, sump pump discharge lines shall be connected to the storm drainage system where provided."

22. Amend Section 403.1.6, Foundation Anchorage. Delete exceptions 2 and 3.

23. Delete the following chapters in their entirety.

a. Chapter 11, Energy Efficiency.

b. Chapter 25, Plumbing Aadministration.

c. Chapter 26, General Plumbing Requirements.

d. Chapter 27, Plumbing Fixtures.

e. Chapter 28, Water Heaters.

f. Chapter 29, Water Supply Distribution.

g. Chapter 30, Sanitary Drainage.

h. Chapter 31, Vents.

i. Chapter 32, Traps.

j. Chapter 33, Storm Drainage.

k. Chapter 34, General Requirements.

l. Chapter 35, Electrical Definitions.

m. Chapter 36, Services.

n. Chapter 37, Branch Circuit Feeder Requirements.

o. Chapter 38, Wiring Methods.

p. Chapter 39, Power and Lighting Distribution.

q. Chapter 40, Devices and Luminaries.

r. Chapter 41, Appliance Installation.

s. Chapter 42, Swimming Pools.

t. Chapter 43, Class 2 Remote Control Signaling and Power-Limited Circuits.

24. Delete the following appendices:

a. Appendix AA. Sizing and Capacities of Gas Piping.

b. Appendix AB. Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category I Appliances, and Appliances Listed for Use with Type B Vents.

c. Appendix AC. Exit Terminal of Mechanical Draft and Direct-Vent Venting Systems.

d. Appendix AD. Recommended Procedure for Safety Inspection of an Existing Appliance Installation.

e. Appendix AE. Manufactured Housing Used as Dwellings.

f. Appendix AF. Radon Control Methods.

g. Appendix AG. Piping Standards for Various Applications.

h. Appendix AH. Patio Covers.

i. Appendix AI. Private Sewage Disposal.

j. Appendix AJ. Existing Buildings and Structures.

k. Appendix AK. Sound Transmission.

l. Appendix AL. Permit Fees.

m. Appendix AM. Home Day Care - R-3 Occupancy.

n. Appendix AN. Venting Methods.

o. Appendix AO. Automatic Vehicular Gates.

p. Appendix AP. Sizing of Water Piping System.

q. Appendix AR. Light Straw Clay Construction.

r. Appendix AS. Strawbale Construction.

s. Appendix AV. Board of Appeals.

§ 9-1-5 Electrical Code.

[Ord. 688, 7-15-1996; amended by 2003 Code; Ord. 05-09-01-51, 9-6-2005; 1-15-2024 by Ord. No. 24-01-05-53]

A. There is hereby adopted by the City of Le Roy for the purpose of establishing rules and regulations for the utilization of materials, construction, installation and alteration of all electrical work placed in or utilized in connection with any building or structure within the City of Le Roy a certain electrical code known as the "National Electrical Code of the National Fire Protection Association," particularly the 2020 Edition thereof, with specific additions, deletions, insertions, modifications and amendments as set forth in this section and referred to as the "National Electrical Code." The provisions of said code are hereby adopted and incorporated as fully as if set out at length and the provisions thereof as added, deleted, inserted, modified and amended by this section shall be controlling in regard to all buildings and structures within the corporate limits of the City of Le Roy.

B. Amendments to the National Electrical Code. The National Electrical Code, 2020, is amended as follows:

1. Article 230.91 Location of Overcurrent Protection. The service overcurrent device shall be connected by no more than eight feet of raceway or service entrance cable from the device, in dwellings.

2. Article 240.54. Type "S" fuses and fuse holders for plug fuses are mandatory, unless circuit breaker type panels are installed.

3. The use of No. 10 or smaller aluminum or copper-clad aluminum building wire shall be prohibited.

4. Add at the end of National Electrical Code Section 1A, Local Administration.

Section 1A.1 Application. Nothing in this local administration portion is intended to modify the obligations of persons performing electrical work in the City of Le Roy as required by the National Electrical Code. Rather, this section is intended to provide the means of obtaining compliance with the National Electrical Code.

Section 1A.2 Position of Electrical Inspector.

a. Establishment. There is heretofore been created and is hereby continued the City of Le Roy position of Electrical Inspector (occasionally referred to in this section as "Inspector").

b. Supervision. The Electrical Inspector shall be hired by the City Administrator, shall be under the supervision of the Code Compliance Officer and be subject to the provisions of the City's Personnel Code.

c. Qualifications. The Electrical Inspector shall be knowledgeable about electricity and installation and alteration of electrical equipment and appurtenances and well versed in the rules, regulations, and requirements of the National Electrical Code to perform the duties of the Electrical Inspector.

d. Duties. The Electrical Inspector shall have the following duties, functions and responsibilities:

(1) To interpret and apply this section.

(2) To inspect or cause the inspection of all construction, installation, maintenance and alteration of electrical appliances, apparatus, systems of electrical wiring, systems of poles for the carriage of such electrical wiring, systems of poles for the carriage of such electrical wiring, electric or illuminated signs or billboards and the electrical wiring of all buildings or structures to see that such work is in accordance with the provisions of this section.

(3) Section 1A.10 Permits Required. Except as specifically otherwise provided in this section, it shall be unlawful for any person, firm or corporation to do or perform any installation, alteration, maintenance or repair of any electrical conductors, equipment or other material regulated or within the scope of the National Electrical Code, as adopted and modified hereby, without first obtaining a permit in the manner provided by this section.

Exceptions:

(A) Persons, firms or corporations may maintain or repair conductors or equipment of their employer without a permit, provided that such calls for an inspection as provided in this section.

(B) Public service agencies installing, altering or repairing electrical equipment for the operation of communication and signals. The exemption applies only to equipment and conductors owned by the serving agency which are exterior to any premises or dwelling unit.

(C) Power companies performing the installation, alteration or repair of electrical equipment of power or public service companies for use in the generation, transmission, distribution or metering of electricity, and other such maintenance or construction as may be required to insure the safe and adequate transmission of electricity to the premises served by said company.

(D) Temporary Testing Systems. The installation of any temporary system required for the testing or service of electrical equipment or apparatus. Such system must be approved by the Electrical Inspector as being safe for the location on which or in which it is to be used.

(E) Railway Utilities. Installing equipment used by a railroad utility in the exercise of its function as a public carrier and located outdoors or in buildings used exclusively for that purpose.

(F) Transmitting Equipment. The installation, alteration, modification or use of electrical equipment for radio and television transmission, except the equipment and wiring for power supply therefor.

5. Section 1A.11 Permits: Applications, Issuance, Transferability and Expiration. Persons desiring an electrical permit shall make application therefor to the Department of Building and Zoning. Before issuing any permit, the Code Compliance Officer may require such detailed plans, specifications and drawings as are necessary to describe the work, materials and manner of installation, alteration or repair, The Code Compliance Officer shall issue a permit when such plans show that said electrical work will be installed in compliance with the provisions of this section. After a permit has been issued by the Code Compliance Officer, no change or modification in the plans or specifications shall be made unless such change has been submitted to the Code Compliance Officer and approved by him.

If electrical work is not commenced under an electrical permit within six months after the date of issuance, the permit shall be considered to have expired. Electrical permits shall not be transferable and if after issuance another person, firm or corporation desires to complete the work initiated under a permit, it shall be necessary to obtain a new electrical permit authorizing such completion.

6. Section 1A.12 Fees. The fees for electrical permits and inspection of work performed thereunder shall be as follows:

a. Fees as set forth in Section 9-1-3, Subsection B3, of the Municipal Code of the City of Le Roy shall be paid.

b. Doing Work Without a Permit. If any person initiates construction erection or alteration of electrical work in any structure without first taking out a permit, such person shall pay, in addition to the regular fees prescribed for permits, an additional amount equal to 100% of the fee required and, upon conviction, may be subject to all penalty provisions of this section.

7. Section 1A.13 Inspections.

a. Inspection Required. It shall be unlawful for any person, firm or corporation to conceal electrical service or occupy or permit the occupancy of any building or structure having wiring, equipment or components within the scope of regulation provided by the National Electrical Code, as adopted and modified hereby, without in each case and in each stage of installation, calling for an electrical inspection in the manner provided in this section and obtaining approval thereof by the Electrical Inspector.

b. Procedure. The Code Compliance Officer shall be notified by the person performing the electrical work when it or any portion of it is ready for inspection, at least 24 hours prior to the requested inspection time. All work shall be left uncovered and convenient for inspection until inspected and approved.

The Electrical Inspector shall endeavor to examine the work within one working day after being notified that it is ready for inspection. All electrical work when placed in position may be required to be tested by appropriate tests in the presence of the Inspector and any and all defects corrected. Upon satisfactory completion of the electrical work and approval by the Inspector, the premises, installation or portion thereof obtaining approval shall be so posted.

c. Inspection upon Complaint. Upon complaint, in writing, of any citizen of this City as to the unsafe condition of any part of any such electrical system within the City, it shall be the duty of said Electrical Inspector to inspect such part complained of, and if he finds that such complaint is well grounded, or if he otherwise finds any defect, to require the owner of the property on which the defective condition is located to put such part in proper condition, it shall then be the duty of such person, firm or corporation to put such defective part in proper condition.

d. Condemnation of Electrical Work or Equipment. The City Electrical Inspector shall have the authority upon inspection or reinspection to condemn any or all electrical work installed or being installed that may be considered unsafe or hazardous to life and property. Upon condemnation of such work, he shall serve a written notice upon the person owning, using or installing the same to place the work in secure and safe condition and in compliance with the provisions herein contained.

Upon condemnation of any electrical work, the Electrical Inspector is authorized to refuse the connection or to order the disconnection of any electrical supply lines until the condemned electrical work has been made safe and is approved by the Electrical Inspector. Such order shall be in writing, signed by the Electrical Inspector and served upon both utilities furnished services in the City and upon the owner.

It shall be unlawful for any person, firm or corporation to utilize condemned electrical work or to reconnect an electrical supply to any condemned electrical from which the Electrical Inspector has refused to authorize a connection or ordered a disconnection of electrical supply lines.

8. Section 1A.14 Violations, Penalties and Appeals.

a. Violations. In case of a violation of any provision of this Code, the Code Compliance Officer may cause to be instituted the appropriate proceeding at law or in equity or with the City's administrative procedures to obtain penalties or to restrain, correct or abate such violation, or to require the removal or termination of an unlawful occupancy of the structure. The City may take action to abate any violation, and any costs incurred in abating such violations may be charged against the real estate upon which such abatement occurs and shall be in lien upon such property.

b. Penalties. Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the investigation or enforcement of any of the provisions of this section, or any of the codes adopted and modified hereby, upon conviction thereof, shall be punished by a fine of not less the $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the second and each subsequent offense in any 180-day period. A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation, or permit any such violation to exist after notification or knowledge of the existence thereof.

c. Appeals. All appeals of rulings or determinations of the Electrical Inspector shall be to the Zoning Board of Appeals. However, no appeal shall be taken after the City has initiated legal or administrative proceedings seeking fines for violation of this Code or compliance with this Code.

§ 9-1-6 Unsafe or Abandoned Buildings. [1]

[Ord. 619, 8-7-1995; amended by 2003 Code]

A. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:

ABANDONED BUILDING

Includes any building, shed, fence or other man-made structure, whether completed or not, which:

1. Has not been occupied for a continuous period of one year. The period during which a building has not been occupied includes, but is not limited to, all time during which the building was vacant as a result of a "no occupancy" order issued by the Building Division of the City of Le Roy or the McLean County health department; and

2. Fails to comply with the building and related codes applicable to buildings used for permitted uses in the zone in which the building is located.

UNSAFE BUILDING

Includes:

1. Any building, shed, fence or other man-made structure which is dangerous to public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants or of neighboring structures.

2. Any building, shed, fence or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard.

3. Any building, shed, fence or other man-made structure which, by reason of faulty construction, lack of proper repair or any other cause, is liable to cause injury or damage by a total or partial collapse.

4. Any building, shed, fence or other man-made structure which, because of its condition or because of lack of doors or windows, is available to persons who are not owners or lessees of such structure.

5. Any building, shed, fence or other man-made structure which, by reason of its condition, poses a threat to the physical integrity of adjacent structures.

6. Any building, shed, fence or other man-made structure which harbors rats or other pests.

B. Dangerous Conditions And Occupancy Prohibited: It shall be unlawful to maintain or permit the existence of any dangerous building in the City, and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.

C. Inspections; Procedure To Remedy:

1. Inspections; Report To Administration: The Building Division shall make or cause to be made an inspection of any structure in response to any report of an unsafe or abandoned building and, if found to be unsafe or abandoned, to cause all violations to be eliminated; or to refer the matter to the City administration for action pursuant to this section.

2. Repair Or Demolition Of Building:

a. Suit Authorized; Notice To Repair Or Demolish; Application For Demolition Order: Upon referral, the City's attorney shall apply to the circuit court of McLean County for an order authorizing the repair or demolition of any unsafe or abandoned building as defined in Subsection A of this section. At least 15 days prior to the filing of such suit, the City's attorney shall notify the owner of said property, including lienholders of record, to put such building in a safe condition or to demolish it. If no action is taken within said fifteen-day period, the City's attorney may apply to the circuit court for a repair or demolish order. Where, upon diligent search, the identity or whereabouts of the owner of any such building, including the lienholders of record, is not ascertainable, notice mailed to the person in whose name such real estate was last assessed is sufficient notice under this subsection.

b. Hearing On Demolition Order: The hearing on such application to the circuit court shall be expedited by the court and shall be given precedence over all other suits. Upon a showing that a building or structure is unsafe or abandoned, the court shall grant relief as herein provided:

(1) The court shall authorize the City to demolish any unsafe or abandoned building or building or structure upon a showing that:

(A) The probable cost of repairs required to bring the building into compliance with applicable codes exceeds 50% of the appraised value of the structure at the time the suit is filed; or

(B) The owner of the building or structure has failed to comply with a court order entered pursuant to Subsection C2b(2) below to bring the building into compliance with applicable codes; or

(C) The City presents a consent to demolish signed by the owner of such building or structure.

(2) The court may order the owner of such building or structure to make such repairs as are required to bring such building or structure into compliance with applicable codes and shall specify a date by which such repairs must be completed.

(3) Upon request by the City, the court may authorize the City to make such repairs as are required to bring such building or structure into compliance with applicable codes.

3. Responsibility For Costs; Costs A Lien: The cost of such repair or demolition incurred by the City or by a lienholder of record is recoverable from the owner of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances except taxes. Within 180 days after repair or demolition, the City or the lienholder of record who incurred the cost and expense of such demolition or repair of such building shall file a notice of lien of cost and expense in the office of the county recorder of deeds. The notice shall consist of a sworn statement containing:

a. A description of the real estate sufficient for identification thereof;

b. The amount of money representing the cost and expense incurred;

c. The date when the cost and expense was incurred by the City or by the lienholder of record. For purposes of this Subsection C3, the cost of repair or demolition shall be deemed to have been incurred by the City at the time the City pays any person with whom it has contracted to do the repair or demolition work, or the date of the last payment to said person if there is more than one payment. Upon payment of the cost and expense by the owner of or the person interested in the property after a notice of lien has been filed, the lien shall be released by the City or the person in whose name the lien has been filed, and the release may be filed of record as in the case of filing a notice of lien. Costs and expenses for which a lien may be filed shall include any costs incurred in determining ownership or interest of parties in the property, reasonable attorney fees, court costs, costs incurred in proving the cost of improvements required on said building or structure and all costs incidental to or required for repair or demolition.

4. Foreclosure Of Lien: The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. Said foreclosure suit must be commenced within three years after the date of filing notice of lien.

D. Notice To Remedy Immediately: If a Building Division representative shall find in the City any building or structure or part thereof in such an unsafe condition as to cause imminent danger to life or property but that the immediate application of precautionary measures may avert such danger, he shall have authority, and it shall be his duty forthwith, to notify in writing the owner, agent, contractor or person in possession, charge or control of such buildings or structures or part thereof to adopt and put into effect such precautionary measures as may be necessary or advisable in order to place such building or structure or part thereof in a safe condition. Such notice shall state briefly the nature of the work required to be done, and the Building Division representative shall specify in such notice the time within which the work required to be done shall be completed by the person notified, upon taking into consideration the condition of such building or structure, or part thereof, and the danger to life or property which may result from its unsafe condition.

E. Dangerous Buildings Within Fire Limits[2]:

1. Fire Limits Established: The fire limits shall be comprised of the areas containing congested business, commercial, manufacturing, and industrial uses such as the downtown or in which such uses are developing; and any contiguous commercially zoned district, any part of which has dimensions greater than 600 feet in length and 600 feet in width.

2. Dangerous Buildings: Any building or structure within the fire limits of the City which has been damaged by fire, decay or other cause to the extent of 50% of its appraised value shall be torn down and removed. Any party aggrieved by the application of this subsection by the Building Division may appeal the decision to the construction board of appeal.

[2] Editor's Note: See also Subsection 4-1-5A of this Code.

F. Demand Compliance With Provisions:

1. If it shall be found that any building or structure, or part thereof, is being or shall have been worked on in violation of any of the provisions of this section, the Building Division shall forthwith notify the owner, agent, contractor, superintendent or architect engaged in working on such building or structure, or part thereof, of the fact that such building or structure, or part thereof, has been or is being worked on contrary to the provisions of this section and shall specify briefly in such notice in what manner the provisions of this section have been violated and shall require the person so notified to forthwith make such building or structure, or part thereof, conform with the provisions of this section specifying in such notice the time within which such work shall be done.

2. If, at the expiration of the time set forth in such notice, the person so notified shall have refused, neglected, or failed to comply with the request made in such notice and to have such building, structure, or part thereof, concerning which notice was sent, changed so as to conform to and comply with the provisions of this section, the Building Division representative shall have the authority, and it shall be his duty, to request the City's attorney to institute proceedings in the circuit court for an order compelling such person to conform to the provisions of this section, or authorizing demolition of such building or structure, or part thereof, as shall or may have been worked on in violation of the provisions or any of the provisions of this section, and the cost of such work shall be charged to and recovered from the owner of such building or structure or from the person for whom such building or structure is being worked on, in the manner provided in this section.

[1] Editor's Note: See also Subsection 4-1-5B of this Code.

§ 9-1-7 Labeling Utility Meters and Shutoff Valves.

[Ord. 684, 7-15-1996]

On all multi-family dwellings or multi-unit commercial structures, where there are two or more units capable of being occupied, either for residential or commercial purposes, each separate utility meter servicing one or more of the units and each separate shutoff valve servicing one or more of the units, controlling or metering any utility or service (to the unit or to the building), such as electricity, natural gas, or water, shall be clearly marked and labeled by the landlord, or at the direction of the landlord, identifying which unit (or part of the building), by common street address or post office numbering or address, the meter or shutoff control or valve serves.

§ 9-1-8 Penalties.

[Ord. 619, 8-7-1995; amended by 2003 Code[1]]

The penalty for violating any provision of any of the codes adopted by reference in this chapter shall be as provided in the code violated; if the code violated fails to specify a penalty, the penalty shall be as set forth in Title 1, Chapter 1-4, of this Code. The penalty for violating any other provision of this chapter shall be a penalty as provided in Title 1, Chapter 1-4, of this Code. A separate offense shall be deemed committed each day that a violation exists or continues.

[1] Editor's Note: This section was renumbered from Section 9-1-8 to accommodate additional legislation.