HomeMy WebLinkAboutPacket - 03/16/2010 - Community Development Committee City of McHenry
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333 South Green Street ,. McHenry,Illinois 60050-5495
I -
COMMUNITY DEVELOPMENT COMMITTEE MEETING
AGENDA
March 16, 2010
7:00 P.M.
Alderman's Conference Room
TOPICS OF DISCUSSION:
L Public Input (3 minute limitation)
2. Continued discussion on historic neighborhoods
3. Discussion on revised administrative adjudication ordinance
4. Discussion on commercial vehicle regulations
5. Discussion on rental properties
6. Other Business
anice C Jones, ity Clerk
Posted and Mailed 3/8/2010
Clerk's Office and Public Works,Construction Parks and Police
Administration and Neighborhood Services Recreation (Non-Emergency)
(815)363-2100 (815)363-2170 (815)363-2160 (815)363-2200
Fax(815)363-2119 Fax(815)363-2173 Fax(815)363-3186 Fax(815)363-2149
www.ci.mcheruy.il.us
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin, Deputy City Administrator
FOR: March 16, 2010 Community Development Committee Meeting
RE: Historic Neighborhoods and Teardown Ordinance
Background. At the January Community Development Committee meeting, the Committee and
a couple members of the Landmark Commission discussed creating historic neighborhoods,
more specifically for Green Street, Main Street and Riverside Drive and the adjacent blocks.
The historic neighborhoods concept as proposed would not create a legalized historic district but
allow homeowners and/or business owners to voluntarily landmark their homes or businesses
with the hope that as people start to do this others may wish to follow. The other thought the
Landmark Commission had was to display historic signage identifying these neighborhoods by
their original identity. Green Street would be known as Centerville, Main Street as Gagetown
and Riverside Drive as Water Street.
At the meeting, however, the concern was raised regarding the construction of oversized homes
also known as rebuilds or "McMansions" in an established older area of the City where this
larger home could cause disruption to the neighborhood physically and aesthetically. Staff was
directed to investigate the current teardown ordinance (attached) which was adopted by the City
Council in 2005 and associated Design Guidelines for Residential Teardowns and Infill Parcels
(attached) to see if this concern would be fully addressed by what the City already has in place.
The administration procedures for the teardown ordinance are detailed on page eleven of the
design guidelines booklet.
Staff Analysis. The teardown ordinance applies not only to sites with residential homes but also
to vacant and underutilized infill parcels. All proposed teardowns would be reviewed by a
teardown committee as detailed in the ordinance. Staff believes that this ordinance does address
the concerns of the Community Development Committee in terms of building layout, design
guidelines and requirements for compatibility with the architecture and character of the
surrounding environment.
Recommendation. Staff will answer any additional questions at the Committee meeting and
recommends no further action be taken on this issue at this time. The Landmark Committee is
currently investigating ideas discussed at the January Committee meeting regarding historic
signage but also will be looking into historic neighborhood banners. More information will be
provided to the Community Development Committee once the Landmark Commission has more
definitively determined how they would like to proceed regarding these issues.
2/09
ARTICLE XIV.
RESIDENTIAL TEARDOWN SITES AND INFILL PROPERTIES
SPECIAL REQUIREMENTS
MC-05-877
Sec. 7-191.Applicability.
All residential teardown sites and infill parcels, as defined herein, shall be subject to the requirements of this
Article.
Sec.7-192.Definitions.
For the purpose of this section, the following terms shall have the meaning herein described:
Development Department: Shall mean the Construction and Neighborhood Services Department of the City
of McHenry.
Infill Parcel: Residentially zoned property that is vacant, underutilized, or contains a building that has been
unoccupied for a minimum of ten years. The parcel's boundaries shall have remained consistent for a
minimum of ten years.
Teardown Site: Residentially zoned property having an existing older residence on it, which will be razed
and removed from the site so that a new residential building can be constructed in its place.
Sec. 7-193.Design Guidelines.
The Design Guidelines for Residential Teardowns and Infill Parcels, prepared by the City of McHenry
Construction and Neighborhood Services Department and bearing a date of August 2005, are hereby adopted by
reference.
Sec. 7-194.Additional Building Layout Requirements.
In addition to the requirements of other applicable Codes and Ordinances of the City, all teardown sites and
infill parcels shall meet the following requirements:
(a) Lot Coverage. A new residential structure shall not cover more than 40% of the total lot area upon which
said structure is located.
(b) Setback for Garages Facing a Public Street. An attached garage for a principal building having garage doors
facing a public street shall be setback a minimum of five feet from the main or primary wall of the principal
building.
(c) Side Yard Setback. The required side yard setback for a teardown site or infill parcel shall be equal to the
required side yard setback of the district in which said property is located. Exception: The required side yard
setback on a lot having a lot width that exceeds the average width of all the lots on the same block shall be
increased by the same proportion as lot width.
Sec. 7-195. Teardown Committee Established.
A Teardown Committee, consisting of five members shall be charged with reviewing the demolition plans, site
layout and all building plans for the exterior of a new home on a teardown site or infill parcel. The Committee
shall include: 1) the Alderman then holding office in the Ward in which the demolition/construction is
proposed; 2)the Chairman of the Planning and Zoning Commission, or his/her designee; 3)the Chairman of the
Landmark Commission, or his/her designee; 4) one Staff member from the Construction and Neighborhood
Services Department; and 5) a member of the public, appointed by the Mayor with the advice and consent of the
City Council.
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Sec. 7-196.Duties of Teardown Committee.
The Teardown Committee is charged with reviewing the demolition plans, site layout and building plans for the
exterior of a new home on a teardown site or infill parcel. The Committee shall review said plans for:
(a) Conformance with the requirements of this Article.
(b) Conformance with the Design Guidelines for Residential Teardowns and Infill Parcels.
(c) Compatibility with the existing characteristics of the site and surrounding area.
(d) Compatibility with the architecture style and character of existing buildings along the same street.
(e) Conformance with the goals and objectives of the Official Comprehensive Plan,the Downtown Plan, and the
Historic Preservation Plan of the City.
Sec. 7-197. Application to Appear Before the Teardown Committee.
Applications to appear before the Teardown Committee shall be on forms provided by the City. Every
application shall include as a minimum,the items indicated on the application, and a filing fee of$175.
Sec. 7-198. Teardown Committee Review Process.
(a) Submittal; Meeting date. Upon receipt of a completed original application to appear before the Teardown
Committee and six copies, a date shall be established for a public meeting and the copies of the application
shall be forwarded to the members of the Teardown Committee.
(b) Notice of Commencement of Demolition or Construction. The applicant shall cause notice of the proposed
demolition or construction:
(1) Within seven days after submitting a completed application to appear before the Teardown Committee,
the applicant must provide notice of the pending demolition or construction,by certified mail, return receipt,
to the owner(s) of all properties directly abutting the site or across a street, alley or other public way. A list
of these property owners shall be submitted with the application, and must be approved by the City prior to
mailing. Current ownership (taxpayer) information can be obtained at the McHenry County Assessor's
Office, 667 Ware Road, Woodstock, Illinois 60098, [815]334-4290. Postal Return Receipts (white mailing
receipts and green return cards) from the certified mailing shall be provided to the development department
within fourteen days after said mailing occurs.
(2) Within seven days after submitting a completed application to appear before the Teardown Committee,
the applicant must post the subject property, in a prominent place, with a sign announcing such
commencement. The size, shape, color and message of such sign shall be as provided by the development
department. Such sign shall include notice that the rules and regulations applicable to demolition and
construction work are available at the development department. Such sign shall be maintained on the subject
property until all work on the subject property has been completed and approved, or until removal of the
sign is approved by the Director of Construction and Neighborhood Services Department.
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(3) No demolition or construction on a teardown site or infill parcel shall occur until sixty days after the
notice requirements of this Article have been fulfilled or an application is approved by the Teardown
Committee, whichever occurs last.
(c) Public Meeting. The Teardown Committee shall hold a public meeting to consider the application. No
meeting shall be held in the absence of a quorum, which shall consist of three members of the Committee.
During the meeting, an applicant may present witnesses to speak on behalf of their project and the
Committee shall have the right to question the applicant and any witnesses.
(d) Teardown Committee Decisions. The Teardown Committee shall render a decision on an application, passed
by a majority of its members in attendance, at the close of the public meeting. The Committee shall approve,
approve with conditions, or deny an application based on the criteria herein. The Committee may not defer
voting on any application for more than one meeting unless the applicant agrees to any further
postponement. Applications approved, approved with conditions, or denied shall be forwarded to the
development department and kept on file.
(e) Resubmission. No application that has been denied by the Teardown Committee shall be resubmitted within
one year of the date of denial, except on the grounds of new factual evidence or a change in conditions
found to be valid by the Teardown Committee.
Sec. 7-199.Appeals of Teardown Committee Decision.
Any applicant aggrieved by a decision of the Teardown Committee may appeal to the City Council.
(a)Notice of Appeal. A notice of appeal shall be filed with the development department within thirty days of the
decision being appealed. The notice shall include the name, address and telephone number of the person
filing the appeal, the address of the property affected by the decision being appealed, identification of the
section of the ordinance governing the decision being appealed, a statement of the grounds upon which the
appeal is based, the reason given by the Teardown Committee for the decision, a summary of factual
evidence upon which the appeal is based, and all plans and specifications of the use affected by the decision
being appealed.
(b) Stay of Proceedings. The filing of a Notice of Appeal shall stay all proceedings in furtherance of the action
appealed from.
(c) Hearing and Action. Upon receipt, the development department shall transmit the Notice of Appeal and the
complete record of the decision to the City Council. The Council shall fix a reasonable time for a hearing on
the appeal and shall give a minimum of ten days notice to the party filing the Notice.
(d)Approval Criteria for Appeals. The Council shall reverse the order appealed only if it fords that the decision
appealed: 1) was arbitrary or capricious; or 2) was based on an erroneous finding of a material fact; or 3)
constituted an abuse of discretion; or 4) was based on erroneous interpretation of this Article.
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Sec. 7-200. Landmark Commission Access to Structures for Salvage Purposes.
Prior to the demolition of any structure on a teardown site or infill parcel, the property owner shall grant to the
City of McHenry Landmark Commission permission to access such structure(s) for the purpose of salvaging
items that may be of historical significance. These items may be placed into a museum for display purposes or
sold to raise funds for historical preservation activities in the City.
Sec. 7-201. Permit Time Limit.
No permit or approval for a teardown site or infill parcel made pursuant to this chapter of the Municipal Code
shall be valid for a period of more than one year after the date of issuance. The fee for any renewal or re-
issuance of any permit or approval shall be the same cost as the original permit of approval.
Sec. 7-202. Required Plans and Specifications for Obtaining a Building Permit.
Every building permit application for a teardown site or infill parcel shall include the following plans and
specifications:
(a)Building Plans and Specifications.
(1)If the application includes demolition of a principal structure, the application shall include building plans
and specifications, prepared in compliance with the provisions of this Chapter, for any structure to be built
on the subject property.
(2) If commencement of construction of such structure is not planned or does no occur within 30 days after
completion of demolition, the application also shall include a detailed site restoration plan as provided in
subsection(b) of this section.
(b) Site Restoration Plans and Specification. If the application includes demolition of a principal structure and
commencement of construction f a new structure is not planned or does not occur within 30 days after
completion of demolition, the application shall include a detailed site restoration plan depicting all work
required to restore the subject property, within 30 days after completion of demolition, to a safe, clean
condition until construction of a new structure has commenced, including, without limitation, backfilling of
any excavation, grading, seeding, fencing, storm water management, etc.
(c) Storm water Management and Soil Sedimentation and Erosion Control Plans. In addition to all other City
departmental regulations, ordinances, plans and specifications, the permit application shall include detailed
plans and specifications for storm water management, soil erosion control and grading on the subject
property. Such plans and specifications shall be on a drawing separate from all other plans and
specifications labeled as "storm water management plans" and/or "soil sedimentation and erosion control
plans". Such plans and specifications shall be prepared by a professional engineer, shall be made in
conformance with the requirements of the City's subdivision and engineering guide and shall include a
certification by the applicant, in a form provided by the City, that all requirements of the City's codes,
ordinances, and regulations related to storm water management, soil erosion control and grading shall be
satisfied by the applicant at all times. Among other details, the required storm water management plans shall
include:
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(1) Drainage plans and soil erosion control during demolition, if any.
(2) Storm water management and soil erosion control during any period of time between completion of
demolition and commencement of construction.
(3) Storm water management and soil erosion control, commencing with the preparation for foundation
pouring and continuing during the entire new construction process until final grading of the subject
property.
(d) Accessibility, Parking and Loading Plans. The permit application shall include separate plans and
specifications, showing the location of all work affecting, and all parking and loading activities planned to
take place on,public streets, sidewalks, and other rights-of-way. Such plans and specifications shall include,
but not be limited to the:
(1)Location of pavement, sidewalks and trees that may be affected by the proposed work;
(2)Impact on such pavement, sidewalks and trees;
(3) Proposed location for all parking of contractor and worker vehicles;
(4) Proposed location of any loading or unloading activities, including concrete to occur within any
right-of-way;
(5)Proposed location of the gravel mat required by section 7-205(c);
(6)Proposed fencing or other protective measures; and
(7) Temporary pavement or other temporary accessibility measures.
(e) Materials and Spoils Storage Plans. The permit application shall include plans depicting the proposed
location for storage of materials and spoils on the subject property that are consistent with City soil and
sedimentation and erosion control requirements.
(f)Dust and Airborne Particle Control. The permit application shall include provisions for controlling dust and
other airborne particles from the subject property, including, without limitation, a source of water and
spraying equipment, and any other measures to be taken to control airborne particles.
Sec. 7-203. Fencing.
(a) If a permit issued by the City authorizes demolition or construction of a new structure, then the applicant
shall install a six-foot chainlink fence around the perimeter of the structure under construction, around the
perimeter of the entire site, or around the perimeter of adjacent structures concurrently under construction,
and such installation shall be in a location and manner approved by the development department. The
fencing shall be installed not more than seven days, nor less than four days before commencement of any
work on the subject property, including mass grading and the installation of site utilities, pursuant to any
permit issued by the City. Such fencing shall remain in place until a certificate of occupancy is issued for
the structure. The location of the perimeter fencing may be changed during the construction period with the
approval of the development department. "No Trespassing" signs shall be mounted on the fencing in
conspicuous locations around the site.
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(b)Any gate in a perimeter fence must be closed at all times, except to allow ingress and egress to and from the
site. Such gate must be locked at all times, other than permitted hours of construction, and at any other time
when no work is being performed on the site, for example Sunday or holidays.
(c) Fencing, as provided in this section, shall also be required around any activity, whether a building permit is
required or not,where construction or landscaping materials are stored or stockpiled.
(d) In addition to perimeter fencing as required in this section, the permit applicant shall cause safety fencing to
be installed around every tree in the parkway abutting the subject property. Such tree fencing shall be
located, as far as feasible, at the dripline of the tree, whether on public or private property; provided,
however, that this subsection shall not be construed or applied to authorize placement of tree fencing on
private property not owned by the applicant, unless proper permission for such tree fencing has been
secured from the property owner by the applicant. If placement of tree fencing is not feasible at the dripline
of the tree,then such fencing shall be installed in a location approved by the development department.
(e) When a violation of this section is observed, the permittee, general contractor, or property owner shall be
notified promptly and shall correct the violation within two hours of receiving notice thereof. If the violation
is not corrected, the City shall have the right, but not an obligation, to correct the violation. The costs and
fees associated with such corrective action shall be charged to the permittee or property owner, and the City
may place a lien on the property to collect such costs. The City shall also have the right to issue an
immediate stop work order applicable to the site until compliance is achieved and/or the costs, fees or fines
are paid.
Sec. 7-204. Tree Removal Fee.
A fee of$50 per inch caliper shall be paid at the time of permit issuance, for any tree having a caliper of 10" or
more, measured 4" from the ground that is removed from a teardown or infill site. The fine for removing any
tree not specified on an approved permit shall be $500,plus $250 for every inch caliper.
Sec. 7-205. Site Management Standards.
The following site management standards shall apply to all work:
(a) Accessibility, Parking and Loading. No pavement or sidewalk within any public right-of-way shall be
unavailable for public use at any time, except when such pavement or sidewalk is removed and replaced. No
such pavement or sidewalk that is removed and replaced shall be out of service for more than three days
without the prior approval of the development department. No parking, loading, or storage of demolition
debris, soil or construction materials shall be permitted within any right-of-way, or any public property or
within ten feet of any right-of-way adjacent to public or private property, unless specifically approved by
the City and shown on approved accessibility plans as required by section 7-202(d). The City may prohibit
parking in any particular location on a public right-of-way if the City determines that such parking has an
adverse impact on neighboring property or traffic control. All uses of vehicles shall comply with applicable
codes related to parking and time of operation of vehicles.
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(b)Particulate Control. Airborne particles shall be controlled at the subject property at all times during work by
means of a water truck and spraying equipment or other water source capable of spraying and thoroughly
saturating all portions of the structure and surrounding property affected by the work. Such spraying shall be
undertaken at all times as necessary to thoroughly control the creation and migration of airborne particles,
including,without limitation, dust, from the subject property.
(c) Gravel Mat. When determined by the City Engineer to be appropriate and practicable, the applicant shall
cause a gravel mat to be installed on the subject property, of a size and in a location sufficient to wash down
all vehicles used on the subject property and to cause dirt and mud to be removed from the tires of such
vehicles. The gravel mat shall be located so as not to interfere with any use by the public of the public
rights-of-way and not to cause any nuisance or inconvenience to adjacent public or private property.
(d) Sanitation facilities. A portable toilet shall be provided at every site of construction of a new principal
structure, or addition thereto, prior to the commencement of construction, unless an existing facility is
available on the construction site. The proposed location of any portable toilet shall be depicted on plans
submitted at the time of application for the review and approval of the building department, so that the
location shall have the least possible impact on adjacent properties.
(e) Litter and Debris Control and Cleanup. Littler and debris at the subject property shall be controlled at all
times. The applicant shall designate a person regularly present at the subject property as having
responsibility to assure that no litter or debris leaves the subject property and that all litter and debris is
removed from the subject property before the end of every day, including weekends, and regardless of
whether work was conducted that day on the subject property, The permit shall specify the location of the
dumpster, as approved by the Construction and Neighborhood Services Department.
(f) Street and Sidewalk Cleaning. The applicant shall cause all dirt, mud, gravel, and other debris from the
subject property or related to any work conducted on the subject property to be cleaned regularly from all
sidewalks and streets adjoining and in the area of the subject property on every day that construction occurs
on such property.
(g) Entry Authorization. No permit issued pursuant to this chapter shall authorize or be construed to authorize
any entry onto property adjoining the subject property or any work for which entry onto property adjoining
the subject property is or may be necessary, unless a proper right of entry has been secured from the owner
of such property.
(h) Storm Water Management. Storm water shall be managed during all phases of demolition and new
construction so as not to impact adjacent properties and/or public rights-of-way in accordance with the
requirements of the subdivision and engineering guide.
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(i) Wastewater Discharge. No person shall undertake any work pursuant to a permit issued under this chapter
from which the discharge of any wastewater will be caused or associated, without prior approval of the
Director of Public Works. It shall be the duty of the person undertaking any such work to direct all
wastewater flow to the particular location designated by the Public Works Department. No person
undertaking such work shall cause or allow any cement truck wash to be discharged onto any public
property o into any catchbasin or other City sewer facility.
0) Limitations of Noise. All work undertaken pursuant to a permit issued under this Article shall be subject to
the provisions of Municipal Code Chapter 14, Section 14-8 herein, related to the limitations on noise.
Further, no person shall operate or cause to be operated any radio, phonograph, telecommunications device
nor other such object at such a volume or in any other manner that would cause a nuisance or disturbance to
any person. Every contractor and permittee shall be responsible for all actions of their employees, agents,
and subcontractors under this subsection, and shall be liable for all violations of the provisions of this
subsection committed by such employees, agents, or subcontractors.
(k)Permissible Hours of Construction. All work undertaken pursuant to a permit issued under this Article may
occur only between the following hours:
1) 7:00 a.m. - 8:00 p.m. on weekdays
2) 8:00 a.m. -4:00 p.m. Saturdays.
Sec. 7-206. Commencement of Construction or Site Restoration.
Either construction of an approved new structure shall have commenced, or the subject property shall have been
fully restored in conformance with the approved site restoration plan, if any, or with such other plan as may be
approved by the City, within 30 days after the completion of the demolition. Such 30-day period may be
extended by one day for every business day that weather conditions prevent construction or restoration work on
the subject property, as determined by the Director of Construction and Neighborhood Services Department.
Sec. 7-207. Violations; Penalties.
(a) Except as otherwise indicated, any person who violates, disobeys, omits, neglects, or refuses to comply with
or resists the enforcement of any of the provisions of this article shall be fined not less than $500, nor more
than $1,000. Each day such violation or failure to comply is permitted to exist after notification thereof shall
constitute a separate offense.
(b) No certificate of occupancy shall be issued for any construction undertaken in conjunction with the
provisions of this article until such time that all penalties and fines have been resolved to the satisfaction of
the Director of Construction and Neighborhood Services Department.
Sec 7-208-7-215.Reserved.
201
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DESIGN GUIDELINES
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for RESIDENTIAL
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TEARDOWNS and INFILL PARCELS
City of McHenry
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August 2005
Page 2
This document was created by the
City of McHenry
Community Development Department.
For additional information
please call
815.363.2170
Page 3
Introduction............................................................................................................................................................4
Definitions..............................................................................................................................................................a
DesignGuidelines.................................................................................................................................................S
SiteConsiderations........................................................................................................................................S
BuildingScale and Massing...........................................................................................................................8
BuildingDesign..............................................................................................................................................9
Garages...........................................................................................................................................................io
FrontYard Landscaping................................................................................................................................10
AdministrativeRequirements............................................................................................................................11
Resources............................................................................................................................................................12
Acknowledgments.......................................................................................................................................i3
Page 4
The City of McHenry has a rich history of .7
residential development dating back to the
mid-1800's. It's location, wide range of
employment opportunities, and unparalleled ac-
cess to recreational opportunities make McHenry
a desirable place to live,work and play.
The present city of McHenry was settled in 1836
with the first log cabin built on what was the L.C.
Gates property,just west of the current Riverside
Drive. In 1837, the Village of McHenry was the
first town or village laid out in the newly created
McHenry County and became the County Seat.
McHenry was incorporated as a village in 1872.
Fifty-one years later,in 1923, McHenry was incor-
porated as a City. McHenry flourished as a resort
area because of the Fox River and took the title,
"Gateway to the Chain of Lakes." Its stability is The Counes House 3813 W.Waukegan Road
owed to the farmers who settled here. This Greek Revival style residence Is believed to have been built
prior to the Chill War. Count Oscar von Oberstadt lived hem with
Housing opportunities abound in McHenry. his fornik in the 192ft The home was placed on the National
Newer subdivisions are currently being con- Regftter ofHistork Places h 198Z
structed on vacant farmland and these new homes
offer the space and amenities that today's home buyers seek. However,this can place the City's ex-
isting housing stock at a disadvantage, especially those homes located in the older downtown areas.
As these older homes sell, the new owners may be tempted to renovate, remodel or rebuild. And
while the City can benefit from these changes, it is important to ensure that this redevelopment Will
maintain and enhance the qualities that make McHenry a desirable place to live. New construction
must blend with the existing character of the area. It must be compatible with the architectural de-
sign, scale and context of the existing residential properties, which surround it. In order to accom-
plish these goals and take full advantage of the history of the area, City officials believe it is neces-
sary to adopt these guidelines.
These Design Guidelines are intended to serve as a guide for property owners, architects, design-
ers, developers and contractors intending to remove and reconstruct a residential property, or to
develop vacant smaller pieces of property in established areas of the City. There are two types of
sites on which these guidelines will apply. One is a teardown site. Teardown sites currently have a
viable residence on them. However, the residence does not meet the space or amenity needs of the
owner and is to be torn down and replaced with a new home. The second is a vacant or underuti-
lized site. It may have been passed over in the natural course of development or its size or shape
may be a constraint to development. This is a site that may have a building on it, but it has been va-
cant so long that it cannot be repaired, or it may be being used as a parking lot or storage area. For
whatever reasons these parcels are currently underdeveloped, this booklet will assist with redevel-
opment.
Page S
The following definitions will detail what properties are to be considered teardown sites or infill par-
cels:
Teardown: A teardown property is one that qualifies as an older, existing residence. The ex-
isting residential structure will be razed and removed from the site and a new residential
building will be constructed in its place.
In fill: An infill site is vacant, underutilized or contains a building that has been unoccupied for
an extended amount of time. The parcels boundaries shall have remained consistent for a
minimum of 10 years. An infill site will need to meet as many of the current code require-
ments as possible without making the site unbuildable.
The following pages are design guidelines for teardown sites and infill parcels. These standards will
provide the criteria by which City Boards, Commissions and Staff will evaluate development plans
for consistency with the existing established areas of the City.
Site Considerations
When laying out a new home, the existing characteristics of the site and surrounding area should
be considered. The new home should reflect the character of the site upon which it is located.
Factors to consider include the context of nearby structures, existing mature trees and other
vegetation, and topography.
♦ hyBt Fad Setbacks
In general, the new home should maintain the front building line of existing adjacent homes
(See Figure 1). Even if the dimension for"a"is less than the current required front setback for
new construction, no variance will be needed, because the construction will fall under these
guidelines and existing language in the Zoning Ordinance.
When the front building line of adjacent structures is not the same, an average should be used
(See Figure 2). This new setback dimension will not require a variance because it will fall un-
der these guidelines and existing language in the Zoning Ordinance.
♦ Side Fad Sethadks
Where there is a consistent side yard setback established on a block, a new home shall match
the existing setback pattern (see Figure 3). As lot width increases, the side yard setback
should increase proportionally to reduce mass and provide more appropriate separation
from adjacent buildings. For example, if the majority of existing homes are on a 50' wide lot
and a new home is proposed on a 100' wide lot, the required side yard setback should in-
crease by two. (see Figure 4)
Page 6
Site Considerations, Cont.
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New Structures Should STREET New Structures Should be SET
Maintain the Front Setback an Average of the
Building Line of Existing Front Building Lines of
Adjacent Homes Usting Adjacent Homes
Figure 1. Front Yard Setback ngure 2. From Yard Setback
I I I I
2b
a _ b 2a a b a b
a b a 'ba bl
As lot width increases,the side
New Structures Should yard setback should increase pro-
Maintain the Established STREET portionally to reduce mass and STREET
Side Yard Setback of f provide more appropriate separa-
Existing Adjacent Homes lion from adjacent buildings
Figure 3. Consistent Side Yard Setback Figure 4.Increased Side Yard Set-
• ArMBf Cant
When planning the layout of a new home on a teardown site or infill parcel,there are several
factors to consider:
o The topography of the site should be taken into account when planning the layout of a new
home. Design the home to take advantage of existing grade changes for lookout or walk-
out features. The existing grade should not be significantly modified to accommodate a
new home.
Page 7
Site Consideratio
ns,
j Cont.
o Preservation of existing mature trees is strongly encouraged. Normally, a home can be
configured in several different ways. Always choose the configuration that will preserve
trees and have the least impact on the site (see Figure 5). Place windows to take advan-
tage of the view provide by mature trees and vegetation. Also, refer to the requirements
of the City's Tree Preservation ordinance.
o Impervious surface should be kept to a minimum. Remember that the building will not be
the only non-porous surface on the lot. A driveway and pathways are required and decks/
patios and built-in pools are other items that are frequently added in the future.
o Consider all available options for garage and driveway placement. The different types of
garages available to use are discussed later in this document. Again, choose the configu-
ration that will preserve trees and have the least impact on the site.
77"71
Poor Site Layout Good Site Layout
Rpre S. Building Layout
+ Atffitier
Newly installed utility services and service revisions necessitated by new construction shall
be underground.
* Ned"ical ivment
Mechanical equipment or other utility hardware shall be screened from view by materials
compatible with the building or with landscaping.
Page 8
BuddIn Scale and Nassing
g
When designing a home, the scale (height and width) and mass of existing buildings along the
street should be respected. The average height and width of nearby buildings can be used to
determine a general set of proportions for a new residential building (See Figure 6). A new
home need not always be the same height as its neighbors, but is should visually relate to the
established roof line. Details such as sloping roofs, wider horizontal trim, and crafted wood
trim at the end of gables can bring the scale of a new home down. Care should also be taken to
create a residence with similar square footage or appear to have similar square footage to the
existing residences (See Figure 7).
New home using similar pro- Street
portions as e)dsting homes
Figure& Building Proportions
Additional square footage
Side entry I behind the structure
garage
Ell .
-----------------
1.
View from street
Figure 7. New Home Having Appearance of Similar Square Footage to Usting Homes
Page 9
BuRdhiff Design
The design of a new home should be compatible with the style and character of its surround-
ings.
♦ Architectural style is not restricted, however, extremes of style, or attempts to recreate a
style uncharacteristic with the neighborhood are discouraged.
♦ The entry of the home should serve as the focal point. Doors and windows should be Simi-
lar in size, proportion and alignment based on the architectural style of the building, and
to those on adjacent homes.
♦ The use of front porches is encouraged.Garage doors facing a street shall be minimized
to the greatest extent possible through the use of increased setbacks or special design
elements.
♦ A variety of roof lines shall be used. In general, gable, gambrel, or hip roofs are pre-
ferred. Flat roofs should be avoided.
♦ Details from adjacent buildings, such as the masonry work, cornice lines, window shapes
and bulkheads should be reflected in the architecture.
♦ Construction materials such as brick, stone, wood siding and shingles are preferred. Ma-
terials such as aluminum siding, aluminum panels, mirrors or reflective glass, corrugated
fiberglass and metal are not considered appropriate. Aluminum, steel, or vinyl cased
wood windows may be used, but should have an appropriate finish and color consistent
with the overall color scheme.
♦ All sides of a home should receive design consideration. Projecting bays, dormers, and
wrap around porches provide good articulation. Expanses of blank wall can also be sof-
tened through the use of landscape treatments such as foundation plantings or trellises.
Figure 8 below illustrates several of the above items.
Brick and
stone Varied roof
lines
Architectural
details
Entry as focal
point
Figure a Building Design
Page 10
Garages
A garage should be incorporated into the overall design of the new home. Garage doors that
take up a large portion of the front fagade should be avoided. There are several garage options
available for new homes,including:
Tandem Garage
Front Loaded Garage
Side Loaded Garage
Detached Garage
Attached Garage to the Rear
Courtyard Style Garage
If a front loaded garage is used, it should be setback farther from the street than the main front
wall, or incorporate design elements to reduce its visual impacts.
GarageApproprirte C)OWS, InappropMm Garap Dalp
F)Sure 9. Garage Examples
Front Yard Landscaping
Good landscaping provides the setting for a home and will help the new building fit into an ex-
isting neighborhood. A variety of plant material should be used when designing the landscap-
ing,including trees, shrubs, groundcover and perennials. Hardscape materials including brick
and stone should be used for driveways,walkways and paths to compliment the exterior of the
building. Decorative fencing can add visual interest for a residence.
without first obtaining a permit.
Page I I
Administration
The City of McHenry has established these guidelines in order to preserve history and guide new
development in residential areas. The following details the procedure new development should take
to properly proceed through the City process.
♦ Contact the City to determine if the property would be subject to these guidelines.
♦ Review these guidelines to determine what the requirements will be to develop the property.
♦ Submit an application package containing,
o Application fee of$175.00
o Teardown or Infill Application
o Proof of Ownership
o Plat of Survey with legal description
o List of Owners of all abutting properties (certified mailed notices will be required to
these property owners)
o Site Plan
o Landscape Plan
o Architectural renderings of the building elevations
Additional information that maybe required could be a;Tree Survey,Traffic Analysis or
School Impact Analysis.
There is a 60-day waiting period to demolish a building. This time period allows City staff to submit
the request to the Teardown Committee for review and action. After the Teardown Committee ap-
proves a request, the required documents can be submitted to the City for issuance of a building
permit.
Prior to the demolition the Landmark Commission shall have an opportunity to access the structure
for salvage items. These items may be placed into a museum for display or sold to raise funds for
preservation activities in the City.
Page 12
There are a multitude of resources available to assist you with the planning of your development or
redevelopment project. A few are listed below:
City of McHemy Landmark Commission Illinois Historic Preservation Agency
Greg Lofgren,Chairman Preservation Services
333 S.Green Street #1 Old State Capitol Plaza
McHenry,IL 60050 Springfield IL 62701-1607
(815)363-2170 y rv;, _. :__t i'_=i_ (217)785-4812
McHenry Public Library National rrust for Historic Presesvaion
809 N.Font Street 1786 Massachusetts Ave,NW,
McHenry,IL 60050 Washington,DC 20036
(815)385-0036 and
_ ...,.
J4V��ni�T.;71`.-tl�.e,... _l�3'-_:i+t<_iJ?�% (202)588-6219 iAl�r•J'L",%,:ti,3�iO:+._71t'�';11�_._ �rry
McHenry County Historical Society
6422 Main Street Advisory Council onRlstoricPreservation
P.O.Box 434 1100 Pennsylvania Avenue NW,Suite 809
Union,IL 60180 Old Post Office Building
(815)923-2267 jiv i,avi.z tc=.vc'_i�:c_a_:c: Washington,DC 20004
(202)606-8503 _r✓_v_,✓,<, 1r .c
Illinois Main Street
Office of IA.Governor Pat Quinn McHenry County Chamber of Commerce
Thompson Center 1267 North Green Street
100 W.Randolph,Suite 15-200 McHenry,IL 60060
Chicago,IL 60601 (816)385-4300
(312)814-5220
Websites
Si':n!'T4'l%.1rg5 :i'tT a.i7 bYiCliTt?r•?fi:C'j.-'.'_?? �
After you've planned out the details of your project, you're ready to move to the next step — com-
pleting the work. If the work is rather simple,you may choose to do it yourself. For the more com-
plicated tasks, it's best to hire a professional. There are many reputable contractors who can com-
plete the job on time and within budget. Unfortunately, others out to make a fast buck, resulting in
poor quality, or unfinished work. The following tips will help in selecting a reputable contractor:
♦ Get more than one estimate and get them in writing.
♦ Ask the contractor for references and addresses for similar work. Drive by those sites and if pos-
sible, contact the property owner to discuss their experience with the contractor.
♦ Inspect the contract carefully to make sure it includes the contractor's full name, address and
phone number, a description of the work to be performed, starting and completion dates, total
costs of work to be performed, and a schedule for the down payment, subsequent payments, and
final payment.
♦ Never sign a contract with blank spaces or one you do not fully understand. If you are taking out
a loan to finance the project,do not sign the contract until your lender approves your loan.
♦ Find out if the contractor has a warranty or guarantee on his or her work.
♦ Make sure the contractor has minimum amounts of insurance for property damage, bodily injury,
and improper repair.
♦ Get lien waivers. This protects you from claims against you or your property in the event you
contractor fails to pay his or her suppliers or sub-contractors.
♦ Don't make final payment until you are satisfied and all subcontractors are paid.
Page 13
These design guidelines have been developed from many sources.Of particular note is the National Trust for Historic Pres-
ervation's Main Street program,who's work is a model for all communities 100ldng to maintain and enhance the vitality of
their downtown areas. Also,thanks are extended to the many communities who have drafted and implemented their own
design guidelines,many of which were refined and used in the preparation of this document.
F.
DESIGN
q.,
GI F SIDENTIALXEARDOWNS AND
INFIELL PARCELS,CITY OF MCF[ENRY
C4 of MMenry
Commuhtty DevebPment D.epartment
_333 S.Green St
McHenry,IL.r,6WSO
Phone-81 5-363,=21,70
F a-,661,5.363-21-73;.. .
EmWI:.a.MChe6iY.II.US
Lip
City of McHenry
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin, Deputy City Administrator
FOR: March 16, 2010, Community Development Committee Meeting
RE: Amendments to the Administrative Adjudication Ordinance
Background. The City established the Code Hearing Department in 2002 for the purpose of
expediting the prosecution and correction of City code violations. Administrative adjudication,
as it is commonly referred to, has become a means for local units of government to streamline
building code, property maintenance, zoning and non-moving vehicular violations. The City
attorney has informed staff that since the City recently obtained home-rule status this ordinance
needs to be updated.
Staff from the Construction and Neighborhood Services Department and Police Department
met with the City attorney to review the current ordinance and recommend changes.
Analysis. Attached is the proposed revised ordinance. The ordinance mirrors the statutory
requirements. In addition, staff is proposing to formalize the administrative adjudication
process whereby property maintenance, building and zoning code violations would be
processed in addition to police non-moving violations. All hearings would be presided over by
an administrative law judge-who is required to be an attorney. Staff has attended these types of
formalized hearings recently in other parts of the county to understand exactly how they are
run and also to observe the different administrative law judges that the other municipalities
utilize.
Recommendation. To discuss the proposed amendments and direct staff to present to the full
City Council for consideration.
ORDINANCE NO.
An Ordinance Amending Chapter 7.50, Code Hearing
Department, of the Municipal Code, City of McHenry,Illinois
WHEREAS,the City of McHenry,McHenry County,Illinois,is a home rule municipality as
contemplated under Article VII,Section 6,of the Constitution of the State of Illinois,and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 7.50, Code Hearing Department, of the Municipal Code, City of
McHenry, Illinois, shall is hereby repealed.
SECTION 2: The Municipal Code, City of McHenry, Illinois, shall be amended to add
Chapter 7.50, Administrative Adjudication, attached hereto and made a part hereof.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and
continue in full force and effect.
SECTION 4:All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect upon its passage,approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Voting Aye:
Voting Nay:
Absent:
Abstain:
APPROVED:
Mayor Susan E. Low
Chapter 7.50, Page 1
Draft March 4, 2010
(SEAL)
ATTEST:
City Clerk Janice C. Jones
Passed:
Approved:
Z:1MWcHenryCityojlOrdinancesl,4dministrativeAdjudication.ord.doc
Chapter 7.50, Page 2
Draft March 4, 2010
MUNICIPAL CODE
CHAPTER 7.50
ADMINISTRATIVE ADJUDICATION
Sec. 7.50-1 Adoption of State Statutes
Sec. 7.50-2 Code Hearing Unit
Sec. 7.50-3 Director
Sec. 7.50-4 Compliance Administrators
Sec. 7.50-5 Administrative Law Judge
Sec. 7.50-6 Notice of Violation(Non-Vehicular)
Sec. 7.50-7 Service (Non-Vehicular)
Sec. 7.50-8 Administrative Hearings
Sec. 7.50-9 Defenses to Building Code Violation
Sec. 7.50-10 Sanctions Applicable to Owner; Property
Sec. 7.50-11 Subpoenas
Sec. 7.50-12 Default; Motion to Set Aside Default Judgment
Sec. 7.50-13 Judicial Review
Sec. 7.50-14 Enforcement of Judgment
Sec. 7.50-15 Parking and Standing of Vehicles and the Condition and Use of Vehicle Equipment
Sec. 7.50-16 Election of Remedies
Sec. 7.50-17 Fines Applicable to All Offenses
Sec. 7.50-1. Adoption of state statutes.
The City adopts 65 ILCS 5/1-2.1-1 et seq., which authorizes a home rule municipality to create and
implement a system of Administrative Adjudications for code violations and 625 ILCS 5/11-208.3 et
seq., which authorizes a municipality to create and implement a system of Administrative
Adjudication of Violations of Traffic Regulations Concerning the Standing,Parking,and Condition
of Vehicles. The adoption of these statutes shall not preclude the City from using other methods to
enforce City ordinances.
Sec. 7.50-2. Code hearing unit.
(A) Creation: A Code Hearing Unit ("Unit" for purposes of this Chapter 7.50) is established
pursuant to the authority of 65 ILCS 5/1-2.1-1 et seq. and 625 ILCS 5/11-208.3 et seq.,the
function of which is to administer a system of administrative adjudication provided for in this
Chapter. The Unit shall administer, manage and conduct administrative adjudication
proceedings in the manner provided for in this Chapter. The creation of this Unit shall not
preclude the City from using other methods to enforce City ordinances. The Unit shall be
comprised of the following individuals appointed by the City Administrator:
(1) Hearing officer, who may also be referred to as an administrative law judge;
Chapter 7.50, Page 3
Draft March 4, 2010
(2) The Chief of Police or designee;
(3) The deputy City Administrator;
(4) A code administrator; and
(5) Any person or persons deemed necessary for the efficient administration of the Unit.
(B) Jurisdiction:The Unit shall have the authority to conduct the administrative adjudication of
charges of all code violations of this Code,as amended,and vehicular standing,parking and
compliance violations, except the following:
(1) Any offense under the Illinois Vehicle Code or this Code governing the movement of
vehicles;
(2) Any reportable offense under Section 6-204 of the Illinois Vehicle Code(625 ILCS
5/6-204);
(3) Violations punishable by a penalty of incarceration; and
(4) Violations punishable by a fine in excess of $50,000 per violation excluding
allowable costs,provided,however,that the maximum fine amount of$50,000 does
not apply to cases brought to enforce the collection of any tax imposed and collected
by the City.
(C) Adiudication of Matters: Charges of violations of this Code,as amended from time to time,
and any other matter falling within the jurisdiction of the Unit shall be heard and adjudicated
by an Administrative Law Judge.
Sec. 7.50-3 Director.
The director of the Unit shall be the City Administrator or his or her designee, or an independent
contractor or agency contracted by the City to perform such duties as enumerated herein.The director
is authorized, empowered and directed to:
(1) Operate and manage the system of administrative adjudication of vehicular standing and
parking regulation violations, vehicle compliance violations, vehicle license or sticker
requirement violations,building,fire and health code violations,and all other City ordinance
violations as may be permitted by law and directed by ordinance or this Code.
(2) Adopt,distribute and process all notices as may be required under this Chapter or Code or as
Chapter 7.50, Page 4
Draft March 4, 2010
may reasonably be required to carry out the purpose of this Chapter.
(3) Collect moneys paid as fines and/or penalties assessed after a final determination of liability.
(4) Certify copies of final determinations of building,fire and health code violations or any other
ordinance violation adjudicated pursuant to this Chapter and Code.
(5) If also appointed as Traffic Compliance Administrator pursuant to Section 7.50-15, certify
copies of final determinations of vehicular standing and parking regulation violation liability,
vehicle compliance violations, vehicle license or sticker requirement violations, and any
factual reports verifying the final determination of any violation liability which were issued
in accordance with this Chapter or the laws of the State,including 625 ILCS 5/11-208.3,as
from time to time amended; and also certify reports to the Secretary of State concerning
initiation of suspension of driving privileges in accordance with the provisions of this
Chapter and those of 625 ILCS 5/6-306.5.
(6) Promulgate rules and regulations reasonably required to operate and maintain the system of
administrative adjudication hereby established.
(7) Collect unpaid fines and penalties through private collection agencies that maybe retained by
the City or by filing complaints in the 22"d Judicial Circuit Court, or by selecting or
appointing an individual or agency to act on behalf of the City in filing complaints,seeking
judgments for unpaid fines or penalties and pursuing all post judgment remedies available
under current law.
(8) Operate and maintain,or delegate the operation and maintenance of any computer program(s)
for the system of administrative adjudication hereby established, on a day-to-day basis,
including,but not limited to:
(a) Inputting of violation notice information;
(b) Establishing hearing dates and notice dates;
(c) Recording fine and penalty assessment and payments;
(d) Issuing payment receipts;
(e) Issuing succeeding notices of hearing dates and/or final determination of liability,
issuing notices of immobilization, issuing notices of impending impoundment, and
issuing notices of impending driver's license suspension as may be required, in
accordance with the Illinois Vehicle Code; and
(f) Keeping accurate records of appearances and non-appearances at administrative
Chapter 7.50, Page 5
Draft March 4, 2010
hearings,pleas entered and fines and other penalties assessed and paid.
Sec. 7.50-4 Compliance administrators.
The City Administrator,or designee,shall appoint Compliance Administrators who are authorized to
issue Code violation notices and complaints. Compliance Administrators are any and all police and
community service officers,Director of Construction and Neighborhood Services,building code and
property maintenance inspectors, Public Works Director, supervisors in the Public Works
Department and any other person appointed to issue Code violation notices and complaints.
Sec. 7.50-5 Administrative law judge.
(A) Appointment: The City Administrator,with advice and consent of the City Council, shall
appoint an Administrative Law Judge to hear all matters under this Chapter. The
Administrative Law Judge must be an attorney licensed to practice law in this State for at
least 3 years. In the event the Administrative Law Judge is unavailable for any regular or
special court date, the City Administrator shall appoint a temporary Administrative Law
Judge.The temporary appointee must be an attorney licensed to practice law in this State for
at least 3 years.
(B) Training: Prior to conducting proceedings under this Chapter, Administrative Law Judges
shall successfully complete a formal training program that includes the following:
(1) Instruction on the rules of procedure of the hearings which they will conduct;
(2) Orientation to each subject area of the Code violations they will adjudicate;
(3) Observation of administrative hearings; and
(4) Participation in hypothetical cases, including ruling on evidence and issuing final
orders.
(C) Powers and Duties: The powers and duties of the Administrative Law Judge shall include:
(1) Hearing testimony and accepting evidence that is relevant to the existence of the
Code violation;
(2) Administering oaths and affirmations to witnesses;
(3) Issuing subpoenas,at the request of any party or on the Administrative Law Judge's
own motion for the appearance of witnesses or for the production of relevant books,
records or other information, subject to Section 7.50-11;
Chapter 7.50, Page 6
Draft March 4, 2010
(4) Regulating the course of the hearing in accordance with this Chapter, the rules and
regulations adopted by the Unit or other applicable law;
(5) Preserving and authenticating the record of the hearing and all exhibits and evidence
introduced at the hearing;
(6) Holding conferences for the settlement or simplifications of issues;
(7) Issuing a determination,based on the evidence presented at the hearing,of whether a
Code violation exists. The determination shall be in writing and shall include the
fine,penalty or action with which the respondent must comply;
(8) Imposing penalties consistent with applicable Code provisions and assessing costs
upon finding a party liable for the charged violation. However,in no event shall the
Administrative Law Judge have authority to(i)impose a penalty of incarceration,or
(ii)impose a fine in excess of$50,000,or at the option of the City,such other amount
not to exceed the maximum amount established by the Mandatory Arbitration System
as prescribed by the Rules of the Illinois Supreme Court from time to time for the
22nd Judicial Circuit. The maximum monetary fine under this Section shall be
exclusive of costs of enforcement or costs imposed to secure compliance with the
City's ordinances and shall not be applicable to cases to enforce the collection of any
tax imposed and collected by the City;
(9) Ordering a respondent to comply with the appropriate relevant Code section(s)that
the respondent has been found liable of violating during the course of the
administrative hearing;
(10) Imposing,in addition to fines and costs assessed,costs related to the enforcement of
this Code's provisions for which the respondent has been found liable;
(11) Ordering the respondent to perform a term of community service; and
(12) Granting equitable relief as otherwise authorized by law or local ordinance.
Sec. 7.50-6 Notice of violation (non-vehicular).
The form and manner of notice for a vehicular parking,standing and compliance violation shall be as
provided in Section 7.50-15. All matters, excepting vehicular parking, standing and compliance
violations, to be adjudicated by the Unit shall be commenced against the party alleged to have
violated one or more Code provision(s)by issuing and serving upon that party a charging document
in accordance with the following procedures:
Chapter 7.50, Page 7
Draft March 4, 2010
(1) Issuance of Complaint:The charging document for a violation of any provision of this Code
subject to the system of administrative adjudication provided in this Chapter, other than
vehicular parking, standing and compliance violations, shall be issued by a City officer or
employee as authorized in Section 7.50-4, and served as provided for in Section 7.50-7.
(2) Contents: The charging document shall contain the following information:
(a) The name, City department and identification number, if applicable, of the person
issuing the charging instrument;
(b) The name and address of the person or entity being charged with the violation;
(c) The name and address of the person to whom the charging document is served upon
if that person is not the respondent;
(d) The section(s) of the Code alleged to have been violated;
(e) The date, time and place of the alleged violation(s);
(f) A legally sufficient description of the activity or conduct alleged to constitute a
violation of each Code section set forth in the charging document; and
(g) The name of the complaining witness(es) if the violation was not witnessed by the
City officer or employee issuing the charging document.
(3) Certification: The City officer or employee issuing the charging document shall certify the
correctness of the information required by this Section by signing his or her name to the
charging document.
(4) Prima Facie Evidence: Charging documents which comply with this Section will be
sufficient to establish a prima facie case of liability for the Code violation charged.
(5) Hearing Information: A charging document issued pursuant to this Section shall also set
forth:
(a) the date, time and place of the adjudication hearing to be held with respect to the
violation;
(b) the legal authority and jurisdiction under which the hearing will be held;
(c) the penalties for failure to appear at the hearing; and
Chapter 7.50, Page 8
Draft March 4, 2010
(d) the fine to be paid within the time frame set forth in Section 1-12, Settlement of
Offenses,of this Code,and/or noting that appearance is required on the hearing date.
Sec. 7.50-7 Service(non-vehicular).
(A) The form and manner of service for a vehicular parking,standing and compliance violation
shall be as provided in Section 7.50-15.A proceeding before the Administrative Law Judge
shall be instituted upon the filing of a written sworn pleading or complaint by any authorized
official of the City, including police officers, code enforcement officers and such other
employees as authorized with the Unit.
(B) Respondents shall be served with a copy of the written sworn pleading or complaint along
with a notice of the hearing in any manner reasonably calculated to give them actual notice of
the proceeding instituted against them including:
(1) Personal service upon a party or its employees or agents;
(2) Service by first class mail,certified mail return receipt requested,or express mail at
the parry's last known address; or
(3) Service by posting a copy of the sworn pleading or complaint upon the property when
a structure is involved where the violation is found if service on the owner cannot be
made by mail.Posting shall be on the front door of the structure not less than 20 days
before the hearing is scheduled. However, notice by posting shall not be effective
notice if the property at issue is a vacant lot or a vacant building.
Sec. 7.50-8 Administrative hearings.
(A) Hearings shall be scheduled with reasonable promptness, provided that for hearings
scheduled in all non-emergency situations, if requested by the respondent, the respondent
shall have at least 15 days after service of process to prepare for a hearing. For purposes of
this Section, "non-emergency situation" means any situation that does not reasonably
constitute a threat to the public interest, safety, health or welfare. If service is provided by
mail, the 15-day period shall begin to run on the day the notice is deposited in the mail.
(B) All hearings shall be open to the public, shall be recorded,and shall be conducted before an
Administrative Law Judge.
(C) Documentary evidence, including the notice of violation, complaint and attached exhibits,
may be presented to the Administrative Law Judge.
Chapter 7.50, Page 9
Draft March 4, 2010
(D) Respondents appearing at the hearing and their authorized agent or counsel shall file with the
Unit a written appearance on a form provided by the Unit.
(E) All testimony shall be given under oath or affirmation.
(F) The formal and technical rules of evidence shall not apply in an adjudicatory hearing
authorized under this Chapter.Evidence,including hearsay,may be admitted only if it is of a
type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(G) Parties shall be provided with an opportunity for a hearing during which they may be
represented by counsel, present witnesses and cross-examine opposing witnesses. Parties
may request the Administrative Law Judge to issue subpoenas to direct the attendance and
testimony of relevant witnesses and the production of relevant documents;however issuance
of the subpoena shall be at the discretion of the Administrative Law Judge where it is
determined the witness or documents are material and do not constitute a needless
presentation of cumulative or repetitive evidence.
(H) Continuances may be granted at the discretion of the Administrative Law Judge upon a
finding of good cause.
(I) Upon the conclusion of a hearing the Administrative Law Judge shall issue a final
determination of liability or no liability.No violation may be established except by proof by a
preponderance of the evidence.
(J) Upon issuing a determination of liability, the Administrative Law Judge may impose
penalties and/or fines that are consistent with applicable provisions of this Code, impose a
term of community service,assess costs reasonably related to instituting the administrative
adjudication proceeding, if applicable, order the respondent to immediately correct the
violation, and impose any other penalties or remedies available at law.
(K) Payment in full of any fine or penalty resulting from a violation shall constitute a final
disposition of that violation.
Sec. 7.50-9 Defenses to a building code violation.
Except for violations of Article VIII in Chapter 7,International Property Maintenance Code,of this
Code,as amended,it shall be a defense to a building code violation charged if the owner,his attorney
or any other agent or representative proves to the Administrative Law Judge's satisfaction that:
(1) The building code violation alleged in the complaint does not in fact exist or, at the time of
the hearing, the violation has been remedied or removed;
Chapter 7.50, Page 10
Draft March 4, 2010
(2) The building code violation has been caused by the current property occupants and,in spite
of reasonable attempts by the owner to maintain the dwelling free of such violation,
including filing civil action to evict current occupants, the current occupants continue to
cause the violation;
(3) An occupant or resident of the dwelling has refused entry to the owner or his agent to all or
part of the dwelling for the purpose of correcting the building code violation.
Sec. 7.50-10 Sanctions applicable to owner; property.
The order to correct a building code violation and the sanction imposed by the City as the result of a
finding of a building code violation under this Chapter, shall attach to the property as well as to the
owner of the property so that a finding of a building code violation against one owner cannot be
avoided by conveying or transferring the property to another owner. Any subsequent transferee or
owner of the subject structure or property shall be subject to the findings, decision and order of a
hearing officer.
Sec. 7.50-11 Subpoenas.
(A) Issuance: Issuance of a subpoena shall be at the discretion of the Administrative Law Judge
and shall only be enforceable for the attendance of persons or the production of books,
records or other documents that have a relevant evidentiary connection with the: 1) subject
matter, and 2)facts which are relevant to the case and relate to a contested issue in the case.
A party's request to an Administrative Law Judge for a subpoena must be timely. Service of
subpoenas shall be made in the same manner as summons in a civil action. Issuance shall be
based upon whether the evidence sought is relevant and necessary to the defense of a
violation, where without the issuance of the subpoena, the defense could not otherwise be
established by the requesting party.
(B) Content: A subpoena issued under this Chapter shall identify:
(1) The person to whom it is directed;
(2) The documents or other items sought by the subpoena, if any; and
(3) The date, time and place for the appearance of the witnesses and the production of
the documents or other items described in the subpoena.
(C) Appearance: The date identified for the appearance of the witnesses or the production of the
documents or other items shall not be less than 7 days after service of the subpoena.
(D) Contesting a Subpoena: Within 5 business days of being served with a subpoena issued in
Chapter 7.50, Page 11
Draft March 4, 2010
accordance with this Chapter, the person or entity to whom the subpoena is directed may
contest the issuance of the subpoena by filing a written motion with the Unit,and with proper
notice to all parties.The motion shall specify the grounds therefore,and shall be heard by an
Administrative Law Judge on the return date indicated on the subpoena, or at the next
hearing date scheduled for the case, whichever occurs earlier.
See. 7.50-12 Default; motion to set aside default judgment.
(A) Default: The Administrative Law Judge may find a respondent in default if the respondent,
his attorney or authorized representative fails to appear at a hearing where proper service of
notice of the hearing has been provided to the respondent, in accordance with this Chapter,
and where there is not a finding of good cause by the Administrative Law Judge for the
respondent's absence.Upon a finding of default,the hearing shall then proceed in absence of
the respondent and evidence may be accepted relevant to the Code violation.A copy of the
findings, decision and order resulting from the hearing shall be served on the respondent
within 5 days after it is issued.
(B) Motion to Set Aside Default Judgment: The Administrative Law Judge may set aside any
judgment entered by default and set a new hearing date, upon a petition filed by the
respondent within 21 days after the issuance of the order of default, if the Administrative
Law Judge determines that the respondent's failure to appear at the hearing was for good
cause,or at any time if the respondent establishes,by a preponderance of the evidence,that
the City did not provide proper service of process. If any judgment is set aside pursuant to
this Section, the Administrative Law Judge shall have authority to enter an order
extinguishing any lien which has been recorded for any debt due and owing the City as a
result of the vacated default judgment.When a judgment is vacated,the Administrative Law
Judge shall proceed immediately with a new hearing on the underlying violation(s)as soon as
practical.
Sec. 7.50-13 Judicial review.
Any final decision by an Administrative Law Judge that a Code violation does or does not exist shall
constitute a final determination for purposes of judicial review and shall be subject to review under
the Illinois Administrative Review Law (735 ILCS 5/3-101 et seq.).
Sec. 7.50-14 Enforcement of judgment
Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed,
remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under
the Illinois Administrative Review Law are a debt due and owing the City and may be collected in
accordance with applicable law.Additionally,after expiration of the period in which j udicial review
under the Illinois Administrative Review Law may be sought for a final determination of a Code
Chapter 7.50, Page 12
Draft March 4, 2010
violation,unless stayed by a court of competent jurisdiction,the findings,decision and order of the
Administrative Law Judge may be enforced in the same manner as a judgment entered by a court of
competent jurisdiction.
(1) Failure to Comply: Costs of Enforcement: In any case in which a respondent has failed to
comply with a judgment ordering that respondent to correct a Code violation or imposing any
fine or other sanction as a result of a Code violation, any expenses incurred by the City to
enforce the judgment entered against that respondent,including,but not limited to,attorneys'
fees, court costs and costs related to property demolition or foreclosure, repair and/or
enclosure of dangerous or unsafe buildings or uncompleted and abandoned buildings,costs
for the removal of garbage,debris and other hazardous,noxious or unhealthy substances or
materials from buildings or other real property after they are fixed by a court of competent
jurisdiction or an Administrative Law Judge,shall be a debt due and owing the City and may
be collected in accordance with applicable law. Prior to any expenses being fixed by the
Administrative Law Judge pursuant to this Section, the City shall provide a notice to the
respondent that states the respondent shall appear at a hearing before the Administrative Law
Judge to determine whether the respondent has failed to comply with the judgment. The
notice shall set the date for such hearing, which shall not be less than 7 days from the date
that notice is served. If notice is served by mail, the 7-day period shall begin to run on the
date the notice was deposited in the mail.
(2) Lien:Upon being recorded in the manner required by Article XII of the Illinois Code of Civil
Procedure(735 ILCS 5/12-101 etseq), or by the Uniform Commercial Code(810 ILCS 5/1-
101 et seq), a lien shall be imposed on the real estate or personal estate, or both, of the
respondent in the amount of any debt due and owing the City under this Code. The lien may
be enforced in the same manner as a judgment lien pursuant to a judgment of a court of
competent jurisdiction.
(3) Denial of Services: If the respondent fails to pay any debt due and owing the City as
described in this Section within 14 days after service of the notice of debt,the City may take
the following actions in addition to any debt collection authorized by law:
(a) Decline to issue, renew or provide any license, permit, zoning variance or
permission applied for or requested by respondent under any Code or ordinance
of the City until the respondent pays such debt; or
(b) Decline to issue or renew residential parking permits, temporary residential
parking permits or passes, or any other permit required and applied for by the
respondent under any Code or ordinance of the City, until the respondent pays
such debt.
Chapter 7.50, Page 13
Draft,March 4, 2010
Sec. 7.50-15 Parking and standing of vehicles and the condition and use of vehicle
equipment.
(A) This Section shall be applicable to violations of City ordinances regulating the parking and
standing of vehicles and the condition and use of vehicle equipment.
(B) Definitions: In addition to the definitions found in Appendix A of this Code,terms used in
this Section, whether capitalized or not, shall have the following meanings:
Compliance violation: A violation of a City ordinance or code governing the condition or use of
equipment on a vehicle.
Traffic Compliance Administrator: The City Administrator or designee,
Vehicle Code: The Illinois Vehicle Code, 625 ILCS 511-100 et seq.
Violation notice:An automated traffic law violation notice issued pursuant to 625 ILCS 5/11-208.3
and the provisions of this Section.
(C) Traffic Compliance Administrator:Unless otherwise designated by the City Administrator,
the director of the Unit shall serve as the Traffic Compliance Administrator. The Traffic
Compliance Administrator shall:
(1) Operate an administrative adjudication system for the adjudication of violations of
City ordinances regulating the parking and standing of vehicles and the condition and
use of vehicle equipment;
(2) Adopt,distribute and process violations of City ordinances regulating the parking and
standing of vehicles and the condition and use of vehicle equipment and other notices
required by 625 ILCS 5/11-208.3; and
(3) Collect money paid as fines and penalties for violations of City ordinances regulating
the parking and standing of vehicles and the condition and use of vehicle equipment
(4) Make a certified report to the Secretary of State pursuant to 625 ILCS 5/6-306.5.Any
such certified report shall contain the information required under 625 ILCS 5/6-
306.5(c).
(D) Administrative Law Judge: The adjudication of all notices of violation of City ordinances
regulating the parking and standing of vehicles and the condition and use of vehicle
Chapter 7.50, Page 14
Draft March 4, 2010
equipment shall be conducted by an Administrative Law Judge conforming to all provisions
of this Chapter.
(E) Issuance of Complaint: Police and community service officers shall have the authority to
issue notices of violation for any vehicular parking, standing or compliance violation. The
Director of Construction and Neighborhood Services and the building code and property
maintenance inspectors shall have the authority to issue notices of violation for the
unauthorized use of parking spaces reserved for persons with disabilities or parking,stopping
or standing of a vehicle within a fire lane.The Public Works Director and supervisors in the
Public Works Department shall have the authority to issue notices of violation of Section 13-
602 of this Code governing the parking of vehicles on City public streets after a snowfall of
two inches or more has occurred.
(F) Notice Requirements: A violation notice shall include:
(1) The date, time and place of the violation;
(2) The particular regulation violated;
(3) The fine and any penalty that may be assessed for late payment;
(4) The vehicle make and state registration number;
(5) The identification number of the person issuing the notice;
(6) That the payment of the indicated fine, and any applicable penalty for late payment,
shall operate as a final disposition of the violation;
(7) Information on the availability of a hearing in which the violation may be contested
on its merits; and
(8) The time and manner in which a hearing will be held.
(G) Service:
(1) The original or a facsimile of the notice shall be affixed to the vehicle or by handing
the notice to the operator of a vehicle if present..
(2) When Traffic Compliance Administrators issue violation notices they shall certify to
the correctness of the facts on the violation notice by signing their name to the notice
at the time of service. The original or a facsimile of the violation notice shall be
Chapter 7.50, Page 15
Draft March 4, 2010
retained by the Traffic Compliance Administrator. A record of the proceeding shall
be kept in the ordinary course of business.
(3) A violation notice issued, signed and served in accordance with this Section, or a
copy of the notice, shall be prima facie correct and shall be prima facie evidence of
the correctness of the facts shown on the notice.The notice shall be admissible in any
subsequent administrative or legal proceedings.
(4) Service of additional notices may be sent by first class United States mail,postage
prepaid, to the address of the registered owner of the cited vehicle as recorded with
the Secretary of State, or, under 625 ILCS 5/11-1306, to the lessee of the cited
vehicle at the last address known to the lessor of the cited vehicle at the time of lease.
If notice to that address is returned as undeliverable, service shall be to the last
known address recorded in a United States postal service database.The service shall
be deemed complete as of the date of deposit with the United States postal service.
(5) Second Violation Notice: A second notice of violation shall include:
(a) The date and location of the violation cited in the violation notice;
(b) The particular regulation violated;
(c) The vehicle make and state registration number;
(d) The fine and any penalty that may be assessed for late payment;
(e) The method in which a hearing to contest the violation on its merits may be
obtained by the respondent, and the time and manner in which the hearing
may be requested;
(f) A statement that failure either to pay the fine and any applicable penalty or to
appear at the scheduled hearing will result in a final determination of
violation liability for the cited violation in the amount of the fine and penalty
indicated; and
(g) A statement that, upon the occurrence of a final determination of violation
liability for the failure,and the exhaustion of,or failure to exhaust,available
administrative or judicial procedures for review, any unpaid fine or penalty
will constitute a debt due and owing the City.
(6) Final Notice of Determination: A notice of final determination of parking, standing
and compliance violation liability shall be issued following a final determination of
Chapter 7.50, Page 16
Draft March 4, 2010
parking,standing and compliance violation liability and the conclusion of the judicial
review procedures taken pursuant to this Section. The notice shall:
(a) State the unpaid fine or penalty is a debt due and owing the City; and
(b) Contain warnings that failure to pay any fine or penalty due and owing the
City within the time specified may result in the City filing a petition in the
22"d Judicial Circuit Court to have the unpaid fine or penalty rendered a
judgment as provided by this Section, or may result in suspension of the
person's drivers license for failure to pay fines or penalties for 10 or more
parking violations under 625 ILCS 5/6-306.5.
(7) Driver's License Suspension: A notice of impending driver's license suspension
shall:
(a) Be sent to the person liable for any fine or penalty that remains due and
owing on 10 or more parking violations;
(b) State that failure to pay the fine or penalty owing within 45 days of the
notice's date will result in the City notifying the Secretary of State that the
person is eligible for initiation of suspension proceedings under 625 ILCS
5/6-306.5;
(c) State that the person may obtain a photostatic copy of an original ticket
imposing a fine or penalty by sending a self-addressed,stamped envelope to
the City with a request for a copy; and
(d) Be sent by first class United States mail, postage prepaid, to the address
recorded with the Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address recorded in a United
States postal service approved database.
(H) Evidence Rules:An opportunity for a hearing for the registered owner of the vehicle cited in
the violation notice in which the owner may contest the merits of the alleged violation,and
during which formal or technical rules of evidence shall not apply;provided,however,that
under 625 ILCS 5/11-1306, the lessee of a vehicle cited in the violation notice shall be
provided an opportunity for a hearing as afforded the registered owner.
(I) Defenses: For matters relating to parking and standing of vehicles and the condition and use
of vehicle equipment,the Administrative Law Judge may consider in defense of a violation:
Chapter 7.50, Page 17
Draft March 4, 2010
(1) The motor vehicle, or registration plates, of the motor vehicle was stolen before the
violation occurred and not under the control of or in the possession of the owner at
the time of the violation;
(2) The relevant required signs prohibiting or restricting parking were missing or
obscured;
(3) The facts alleged in the parking, standing or compliance violation notice are not
correct, are materially inconsistent or do not support a finding that the specified
regulation was violated; and
(4) Any other evidence or issues provided by City ordinance.
To demonstrate that the motor vehicle, or the registration plates, was stolen before the
violation occurred and was not under the control or possession of the owner at the time of the
violation,the owner must submit proof that a report concerning the stolen motor vehicle or
registration plates was filed with a law enforcement agency in a timely manner.
(J) Final Determination of Violation Liability: A final determination of violation liability shall
occur following failure to pay the fine and any applicable penalty,or to appear at a hearing on
the merits, and upon the exhaustion of the administrative review procedures. When a person
fails to appear at his/her scheduled hearing to contest an alleged violation,the Administrative
Law Judge's determination of violation liability shall become final(i)upon denial of a timely
petition to set aside that determination; or (ii) upon expiration of the period for filing the
petition without a filing having been made.
(K) Appeals: A petition to void a determination may be filed by a person owing an unpaid fine or
penalty and shall be filed within 30 days of the finding of liability and shall be ruled upon by
the Administrative Law Judge. The grounds for such a petition are limited to:
(1) The person was not the owner or lessee of the cited vehicle on the date the violation
notice was issued; or
(2) The person had paid the fine or penalty for the violation in question; or
(3) Excusable failure to appear at or request a date for a hearing.
When it has been determined there is just cause,the registered owner shall be provided with
a hearing on the merits for the violation.
(L) Procedures for Non-Residents: If an alleged violator does not reside within the City, the
violation may be contested in writing pursuant to the notice of violation. In such
Chapter 7.50, Page 18
Draft March 4, 2010
circumstances,the non-resident may submit his or her position,in writing,signed and under
oath, to the Administrative Law Judge, setting forth the reasons why a finding of liability
should not be entered and why the issuance of the violation was improper. Said written
challenge must be submitted not less than 14 days prior to the hearing as noted on the notice
of violation.
Sec. 7.50-16 Election of remedies.
In no case may the Unit conduct an administrative adjudication proceeding for an alleged violation of
this Code where the remedy provided is a punishment of imprisonment;provided,however,where a
violation of the Code is punishable by fines and other penalties in addition to imprisonment,the City
may elect to institute an action with the Unit and waive any imprisonment for the Code violation.
Nothing in this Section,however, shall preclude the City from seeking the remedy of imprisonment
in a court of competent jurisdiction.
Sec. 7.50-17 Fines applicable to all offenses.
Ordinance and Code violations that may be heard in an administrative adjudication as set forth in this
Chapter shall carry the fines listed in this Code,with the maximum fines being$1,000 or as provided
for in the State statutes,whichever is greater, except the maximum fine for Section
(deceptive practices) shall be $2,500, Section (emergency energy plans)shall
be$10,000 and Section 13-001 (11-1301.1)(unauthorized use of parking places reserved for persons
with disabilities) shall be $600.
Chapter 7.50, Page 19
CERTIFICATION
I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified
Clerk of the City of McHenry,McHenry County,Illinois,and that as such Clerk,I am the keeper of
the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of
McHenry,held on the day of , 2010, the foregoing
Ordinance entitled An Ordinance Amending the Municipal Code, City of McHenry,Illinois, to Add
Chapter 7.50, Administrative Adjudication, was duly passed by the City Council of the City of
McHenry.
The pamphlet form of Ordinance No. , including the Ordinance and a cover
sheet thereof,was prepared,and a copy of such Ordinance was posted in the City Hall,commencing
on the day of 2010,and will continue for at least 10 days thereafter.
Copies of such Ordinance are also available for public inspection upon request in the office of the
City Clerk.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and
keeper of the same.
GIVEN under my hand and seal this day of 2010.
Janice C. Jones, Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)
COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin, Deputy City Administrator
FOR: March 16, 2010 Community Development Committee Meeting
RE: Regulations for Commercial Vehicles
Background. Following the discussion and proposed regulations for recreational vehicles staff
has been reevaluating the definition and regulations for the placement and storage of commercial
vehicles based on the difficulties experienced by the Construction and Neighborhood Services
Department in enforcing the current regulations. Below is the current definition of commercial
vehicle.
p. 513 of the zoning ordinance
Commercial Vehicle: A motorized vehicle other than a passenger car, passenger van, or
recreational vehicle used by a household for non-commercial personal or family transportation,
for recreation, or for van pooling or ride-sharing use. Commercial vehicles include commercial
trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi-trailers,
motorized farm vehicles, and earth-moving equipment(existing definition).
Staff Analysis. The existing definition as currently written is vague and severely limits what
constitutes a commercial vehicle. Staff is recommending the following definition for
commercial vehicle.
Commercial Vehicle: A motorized vehicle other than a passenger car, passenger van, or
recreational vehicle (as defined herein) used by a household for non-commercial personal or
family transportation, van pooling or ride-sharing use (proposed definition).
Following are the existing regulations for the parking of commercial vehicles found in the City's
zoning ordinance on page 170.
Parking of Commercial Vehicles
A. In Residential Districts
No commercial vehicle as defined herein may be parked or stored in a Residential District other
than in a completely enclosed garage except for loading or unloading of household belongings
between 6:00 AM and midnight for the purpose of moving a personal residence or for deliveries,
repairs, construction,maintenance, or service calls.
B. In Business Districts
No commercial vehicle as defined herein may be parked or stored in a Commercial or Office
District other than in a completely enclosed garage unless it is used in a business located on the
same premises or is being parked temporarily by a customer, supplier, contractor, or visitor or for
loading, unloading,moving, or construction,maintenance, or repair of the premises.
Recommended Changes
The existing regulations for the parking of commercial vehicles in residential districts is very
restrictive and does not take into account that many people have jobs where they are permitted to
bring their work vehicle home. Under these regulations no commercial vehicles can be parked
outside in a residential zoning district overnight.
The only change that staff would recommend regarding commercial vehicles in business districts
is to change the heading from business districts to non-residential districts. Staff has not
experienced any problems with commercial vehicles in non-residential areas and does not want
to make any substantive changes to the current regulations. Staff is more concerned, at this
point, with updating the regulations for commercial vehicles in residential districts.
These provisions are proposed to replace the existing requirements for having commercial
vehicles in residential districts:
• No commercial vehicle, as defined herein, exceeding 9 feet in height and 25 feet in length
may be parked and/or stored in a residential zoning district. Exterior ladders and any
appurtenances on top of the vehicle shall be excluded from the height calculation; The
following commercial vehicles are expressly prohibited from being parked and/or stored
in a residential zoning district: stake bed trucks, box trucks, dump trucks, boom trucks,
earth-moving equipment, tow trucks, step-vans, semi tractor trailers with or without a
trailer and any vehicle in excess of 10,000 pounds;
• Two commercial vehicles, as defined herein, that do not exceed 9 height and 25 feet in
length may be parked and/or stored in a residential zoning district in accordance with the
regulations for parking and/or storing of vehicles in a residential zoning district
contained in the zoning ordinance.
Staff has attached pictures of proposed permitted and prohibited commercial vehicles in
residential zoning districts. The following vehicles would be permitted and do meet the
proposed height and length requirements under the terms of this ordinance: sprinter van, cargo
van, cube van and panel van. Staff did field verify that generally these types of vehicles are in
compliance with the proposed height and length restrictions. The prohibited vehicles are listed
above.
Staff has confirmed that most of the commercial vehicles driven home daily and kept overnight
in a residential zoning district would be permitted to do so under the proposed terms of this
ordinance. Several vehicles were measured to verify this. In addition, staff did also verify the
maximum weight of a large residential-type pick-up truck and this does not exceed 10,000
pounds.
Amortization
Staff believes that a one-year amortization time frame be established, following the passage of
this ordinance by the City Council, whereby residents who do not meet the new regulations can
come into compliance. During this one-year time frame staff will educate residents on the newly
adopted regulations.
Recommendation. To direct staff to forward the proposed changes to the City Council for
direction to go to the Planning and Zoning Commission for a public hearing.
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COMMITTEE SUPPLEMENT
TO: Community Development Committee
FROM: Douglas Martin, Deputy City Administrator
FOR: March 16, 2010 Community Development Committee Meeting
RE: Discussion about Rental Properties
Background. In 2006 the Community Development Committee had several discussions
regarding rental units and the annual inspection of rental units, property maintenance and the
conversion of single-family homes to multi-family dwellings, some illegally. At that time the
committee supported the idea of developing a database of property owners having rental units.
There was also a Rental Property Registration Form created (attached). In addition, staff was
going to send the form to all known property owners having rental property beginning in 2007.
For one reason or another that program never materialized.
Staff Analysis. I recently contacted the Community Development Director for the Village of
Glendale Heights. The Village of Glendale Heights is fairly unique in that they coordinate their
"Crime Free Rental Program", modeled after the Mesa, Arizona police department, through their
community development department. The City of McHenry recently implemented a similar
program through the police department.
I received a lot of insight about their rental housing inspection program from Glendale Heights:
1. How many full-time/part-time staff do you have dedicated to this program?
"We have one full-time `Housing/Rental Off cer'who currently runs/oversees both of our
rental programs, runs our Crime-Free Landlord Training Program, and performs
standard Code Enforcement Officer duties in a patrol area of town. He is assisted by one
of our front counter tech's, who open cases, schedules inspections, and helps track case
files, and by my secretary, who helps with mailings, updates reports and provides general
support to the programs. Our other 2 CEO's assist by making annual inspections of the
rental properties in their respective patrol areas. (We had a second Housing/Rental
Officer/CEO — who primarily ran the MF program - but she retired a few months ago.
Due to the present economy, she has not been replaced. One of our Building Inspectors
has taken up some of the slack by making MF inspections.)"
t
2. Is it very time consuming? What are the pros and cons?
"It is time consuming. We've added a lot of paperwork to our normal routine in
administering and tracking the program, BUT- the results are well worth it. "
3. Are the program successful-does it do what you want it to, reduce property
maintenance issues and building without permits and/or reduce crime?
"We believe the program has been very successful: bringing properties up to code
initially; reducing reoccurring code issues in our rental housing; reducing
overcrowding, reducing neighbor complaints; and reducing crime. Slowly but surely we
are getting our landlords to buy into the program. They complain about the fees ($200
annually for the SF program) and about the costs to bring their properties up to code, but
are finding out that after the initial cycle, their tenants are happier and their properties
look and function better, which is translating to higher rent potential. They also see that
in order to keep their investments viable, good tenants are necessary. Regarding crime
reduction, we have been successful in eviction procedures against some of our worst
tenants and have been able to `quiet down'some additional problem households. "
4. How did you acquire all rental properties-send out notices to.those who you knew
had rentals and then just added-on as you went along?
"Finding all of the rental properties in town does present a problem. We started out as
you suggested. We do the best we can to add properties. We work with our water billing
people, who flag us when they get an application for utility service and the owner's
address is not the same as the service address. (They also did an initial records search
for us when we started the program) We work closely with our police department, who
have been very helpful in passing along information from their calls (which also seem to
be higher in rental situations). The PD has seen the successes in our program as well
and our two-way cooperation level has increased tremendously in many aspects of both
of our jobs. (Our CEO's now regularly attend the PD's beat meetings, and our Housing
Officer works very closely with the PD's Special Operations Unit.) We have a realtor
who serves on our Appearance Commission—she has provided us with automatic a-mails
which show new rental listings in town as they hit the MLS. And we are diligent in our
own pursuit of rental properties, watching, listening and questioning. We don't have
them all, and probably never will—but we keep at it. "
I have attached the Village of Glendale Heights Licensing and Inspection of Single-Family
Residential Rental Properties ordinance.
In addition to the Village of Glendale Heights I also received information from the Village of
Palatine and the Village of Schaumburg. The Village of Palatine in many aspects mirrors the
responses from Glendale Heights. The Village of Palatine, however, has two full-time
inspectors, one field director and one clerical staff dedicated solely to the rental program. Their
program does detailed exterior and interior inspections and they complete inspections on
approximately 25% of all multi-family units each year. The other interesting aspect of their
program is similar to Glendale Heights in that they also have a crime free housing program
which is implemented through the police department.
The Village of Schaumburg, however, issues annual rental licenses but does not have the
resources to conduct annual inspections or systematic inspections of the interior of units. They
do the inspections on a complaint basis. In addition, they also participate in the crime free
housing program.
Recommendation. To discuss the information presented and direct staff as to how the
Committee would like to proceed regarding this issue.
RENTAL PROPERTY
REGISTRATION FORM
Property Address:
Number of Units: Studio/Loft
1-bedroom
2-bedroom
3-bedroom
4 bedroom or more
Are all of the rental units in the same building? Yes No
If no, please attach a plat of survey or drawing that shows each building on the site and indicate
the number of dwelling units in each building.
EMERGENCY CONTACT INFORMATION
Owner Name(1) Phone
Address Cell
Owner Name(2) Phone
Address Cell
Is building alarmed? Type of alarm Alarm Co.
(burglar, fire)
Is there someone on site (i.e. property manager) who should be contacted instead of the owner?
If so,please indicate:
Property Manager Phone
Address Cell
Signature of Owner(s) Date
Signature of Owner(s) Date
Sterling Codifiers, Inc. e- > Page 1 of 6
Chapter 11A
LICENSING AND INSPECTION OF SINGLE-FAMILY RESIDENTIAL RENTAL
PROPERTIES
4-11A-1:DEFINITIONS:
CODE OFFICIAL:The community development director or his designee.
PREMISES:A lot,plot or parcel of land,including the interior and exterior of any structures thereon.
PROPERTY AGENT:A person,operator,firm partnership,corporation,or other legal entity designated in writing by the property owner to the director of
community development to be responsible for the compliance with property maintenance of a residential rental property,and to receive any notices or
citations.
RESIDENTIAL RENTAL PROPERTY:Single-family attached and detached dwelling residential structures or dwelling unit intended to be rented or leased.
(Ord.2004-84,10-21-2004)
Words or phrases as used in this chapter and not herein defined shall be defined as provided by the international property maintenance code 2000,
international residential code,2000,national electric code 1999 and the Illinois state plumbing code 1998,as may be amended from time to time.
4-11A-2:LICENSE REQUIRED:
A.It shall be unlawful for any person,firm,partnership,association,corporation,or other legal entity to operate,maintain or offer to rent within the village
any residential rental property,whether vacant or occupied,without first having obtained and maintained a current license or temporary certificate,as
provided in this chapter.
B.It shall be unlawful for any person to occupy a residential rental property,or for any owner or property agent to allow anyone to occupy a residential rental
property,which is not currently licensed or which is without a temporary or permanent certificate,as provided in this chapter.
C.It shall be unlawful for any person,firm,partnership,corporation,or other legal entity to offer for rent or to occupy any vacant dwelling unit or any dwelling
unit that becomes vacant in a residential rental property,for which a license has been revoked or while such license is under suspension.
0.This chapter shall not apply to the following structures:
1.Single-family owner occupied structures;
2.Single-family residential structures or dwelling units which are vacant but which are not intended to be let for rent;
3.Townhouses and condominium owner occupied units;
4.Hotels,motels,and other structures which rent rooms to occupants if such occupancy is transient only;and
5.Dwellings,buildings,structures and uses licensed and inspected by the state of Illinois,including,but not limited to,nursing homes,retirement
communities and rest homes.
4-1 IA-3:LICENSE APPLICATION AND REQUIREMENTS:
A.Each applicant for a license to maintain a residential property for the purpose of renting it to others shall have successfully completed a mandatory crime
free rental housing seminar(the"seminar"),administered by the Glendale Heights community development director,prior to issuance of the license.The
seminar may be attended after application has been submitted and the license will be issued after successful completion.Each application filed with the
director of community development shall state:
1.The full legal name,address,and home and work telephone number of every owner of record.
2.If the residential property is held in a trust,the name,address and phone number of the trustee and each beneficial interest holder.
3.The address of the residential rental property.
4.The number of dwelling units within the rental property.
5.The names and phone numbers of each tenant.
6.The name,address and phone number of the property agent for the property.
7.The name,address and twenty four(24)hour phone number or numbers of a contact person who,in emergency situations,will be available on a
twenty four(24)hour basis and who has the authority to make or authorize repairs as needed.
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8.The total square footage designated for living and sleeping purposes including individual room sizes as stipulated by the village's property
maintenance code as amended.
A licensee may be required to reattend the seminar at any time upon the director of community development's recommendation.The director of
community development,in determining whether or not to have the licensee reattend the seminar shall consider the following factors:
1.Whether the property rented by the licensee is in danger of becoming a nuisance residential rental property as defined in subsection 10-7-1 A of this
code;or
2.Whether criminal activity has been occurring on the premises for which a residential property rental license has been issued and the licensee has
failed to initiate eviction proceedings.
The failure of a licensee to attend and satisfactorily complete the seminar when directed to do so by the director of community development as provided
in this subsection shall constitute a violation of this code.
B.Each application for a new license or a renewal of an existing license shall be accompanied by a fee of two hundred dollars($200.00)for a residential
rental property inspection and housing seminar.Such license fee shall include inspection of one unit.All such fees shall be payable at the community
development department.(Ord.2008-06 1-17-2008)
C.All license fees shall be due and payable on or before March 1 of each year.All licenses shall expire after the passage of one year on February 28.
D.No structural,mechanical,electrical or plumbing alterations or repairs,or remodeling,shall be made to the units in a licensed property unless all zoning
and building code requirements have been met.
E.A copy of the record of tenant names required under subsection 4-11A- (A)of this chapter shall be filed with the license application.
F.Whenever there is a change in the ownership or in the occupancy of a residential rental property or the owner's property agent,the owners shall,within
(30)days of such changes,file an updated written notice with the code official indicating such changes.
G.A license or a temporary certificate for a residential rental property cannot be transferred to another residential rental property,nor to a succeeding
owner.
4-11A-4:INSPECTION REQUIREMENTS;TEMPORARY CERTIFICATE,LICENSE ISSUANCE OR DENIAL:
A.An inspection shall be scheduled with the code official at the time of the application for a new license or a renewal thereof for any residential rental
property.
B.Upon receipt of a completed application for a license for any residential rental property including the payment of all required fees and the scheduling of a
required licensing inspection,the code official shall issue a temporary certificate indicating that a license has been duly applied for,and that such license
shall be issued or denied after the property has been inspected for compliance with applicable village codes.A temporary certificate shall authorize
continued occupancy of the residential rental property pending the inspection,issuance or denial of the license.In no event shall a temporary certificate
be valid for longer than one hundred twenty(120)days after issuance.
C.Licensing inspections of single-family residential rental property shall Include the interior and exterior of the premises.
D.When a licensing inspection of a residential rental property reveals any violations of applicable codes,a compliance time frame will be set by the code
official.In establishing a compliance time frame,the code official shall determine the reasonable minimal time necessary to correct the violations based
upon the number and severity of the violations.The code official shall sent notice to the property owner or the listed property agent and the named
prospective current tenant(s)by regular U.S.mail at the last address provided on the most recent license application.Said notice shall include the
following:
1.Description of the property sufficient for identification;
2.A statement listing the violations of applicable codes;
3.A statement of the date upon which the licensing reinspection will occur;
4.An explanation that,if upon completion of the licensing reinspection the requirements of applicable village codes have not been met,then a written
denial of the license application revoking the temporary certificate will be issued.
E.A licensing reinspection will be conducted at the end of the compliance time frame.Upon completion of the licensing reinspection of the residential rental
property,a license shall be issued if the residential rental property meets the requirements of applicable village codes.If the code official finds that the
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requirements of applicable village codes have not been met,then a written denial of the license application revoking the temporary certificate and
specifying the defect shall be transmitted by regular U.S.mail to the applicant.
F.Residential rental property which is in total compliance at the time of the licensing inspection shall be issued a license to replace the temporary certificate.
If said property remains in compliance and no violations occur and the occupants do not change said property,a one year extension of the license may
be received at no additional charge and with no additional inspections being required.If any violation occurs,then an additional inspection may be
required.
G.All additional inspections made necessary because of cited violations remaining uncorrected at the time of the initial license reinspection shall be subject
to an additional license inspection fee of thirty dollars($30.00)per inspection/per inspector.
H.Application for license renewal shall be made in the same manner as for new applications except that such application shall state thereon that it is for
renewal.
I.As part of the rental housing inspection,all rental units shall be equipped with working smoke detectors as required by the code.
4-11A-5:ENFORCEMENT:
It shall be the duty of the department of community development to enforce the provisions of this chapter as authorized by this code and the International
Code Council property maintenance code 2000 as adopted and amended from time to time by the village.
4-11A-6:VIOLATIONS:
The following shall constitute violations of this chapter.
A.Failure of the owner or owners of record of the residential rental property to license such property with the village.
B.Failure of the occupants of the residential rental property to vacate such property within sixty(60)days after receiving notice from the code official that
such property is not properly licensed or that the license or temporary certificate has been revoked.
C.Failure of the owner or owners of the residential rental property to vacate all tenants from said property within sixty(60)days after the license or
temporary certificate has been revoked.
D.Failure of the owner or owners of record of the residential rental property to maintain the structure,dwelling units and premises in compliance with the
applicable building,property maintenance and zoning ordinances.
E.Any person other than one authorized by the code official who removes or defaces any notices which have been posted pursuant to this chapter shall be
liable for penalties as provided by this chapter. .
4-11A-7:LICENSE; SUSPENSION AND REVOCATION:
A.A license may be suspended by the code official when any violation of applicable village codes has been identified by the department of community
development and the property owner has been properly notified of the violation and given a period of time in which to correct the violation,but has failed
to do so.A license may also be suspended by the code official when any information provided in the license application is determined by the code official
to be false.
B.When an inspection of a licensed residential rental property reveals any violation of applicable codes,a compliance time frame will be set by the code
official using the standard as set forth in subsection 3-14-5E of this code.The code official shall send notice to the property owner or the listed property
agent by regular U.S.mail at the last address provided on the most recent license application.Said notice shall include the following:
1.Description of the property sufficient for identification;
2.A statement listing the violation(s)of applicable codes;
3.A statement indicating the date upon which a reinspection will occur;
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4.An explanation that if upon completion of the reinspection the requirements of applicable village codes have not been met,then the license for the
residential rental property will be suspended.
C.A reinspection will be conducted at the end of the compliance time frame.If the code official finds that the requirements of applicable village codes have
not been met upon the completion of such reinspection,then the license for the residential rental property shall be suspended.
D.When a license is suspended,the code official shall send notice to the property owner or the listed property agent and the tenant at the list address
provided on the most recent license application.Said notice shall be sent by certified mail,return receipt requested.The notice shall include the
following:
1.Description of the property sufficient for identification;
2.A statement of the reasons for the suspension;
3.An explanation of the property owner's right to appeal the suspension to the village administrator;
4.If the property owner changes his address or changes property management agents and fails to notify the department of community development,
such notice shall be sufficient if sent by certified mail to the owner or his property agent's last address provided on the last license application.
E.A property owner whose license has been suspended may request a reinspection prior to revocation.If,upon reinspection,the department of community
development finds that the licensed property,in connection with which the notice was issued,is now in compliance with this chapter,then the code
official may reinstate the license.The request for a reinspection shall not stay the revocation of the license.
F.Any person whose license has been suspended shall be entitled to appeal said suspension to the village administrator by filing a written petition within
twenty(20)days after the date of suspension.The code official shall transmit to the village administrator copies of all records and notices upon which the
suspension is based.A hearing shall be scheduled as soon as practical upon receipt of a timely petition.The village administrator,in considering any
such petition,may immediately revoke the license or continue the suspension to a definite compliance date.The penalty for noncompliance shall be
revocation by the village administrator and/or prosecution of violations in the circuit court of DuPage County and any fines and penalties imposed by said
court.The village administrator may dismiss the charges and reinstate the license upon proof of compliance or lack of evidence of noncompliance.
G.A license may be revoked by the village administrator when a petition for appeal has not be filed within twenty(20)days following the date of issuance of
an order of suspension.A license may be revoked by the code official when,in the opinion of the code official,emergency conditions exist in a
residential rental property that require the immediate vacating of a structure as specified in the property maintenance code.
H.A license which has been properly revoked as herein provided shall not be reinstated.The property owner may,however,obtain a new license after all
violations have been corrected and by following the procedures for obtaining a new license and payment of appropriate fee as set forth in this chapter.
I.If a license is revoked without having the opportunity of a suspension hearing,the property owner has the right to appeal that revocation.Said appeal shall
conform to subsection F of this section.Such an appeal shall not operate as a stay of revocation until such time as the village administrator renders a
decision on the appeal,unless the code official grants a request for a stay upon showing of good cause by the property owner.
J.Whenever a temporary certificate or license is revoked,the code official shall send notice to the property owner or the listed property agent at the last
address provided on the most recent license application.Said notice shall be sent by certified mail,return receipt requested.The code official shall also
notify all tenants of the residential rental property by posting a notice on all entrances to the rental residential structure.The notice to the tenants shall
include the following:
1.You are hereby notified that the temporary certificate or license for this structure has been revoked pursuant to this chapter.
2.You must vacate this structure within sixty(60)days of the date of this notice,except is said revocation is pursuant to a declaration of emergency
condition by the code official.If emergency conditions exist,the notice to tenants shall provide for the immediate vacation of the structure or dwelling
unit.
3.If you fail to vacate this structure,you will be in violation of this chapter and subject to a minimum fine of fifty dollars($50.00)and a maximum fine of
seven hundred fifty dollars($750.00)for each day you remain in the residential rental property in violation of this chapter.
K.Whenever an owner or property agent of a rental property fails to obtain a proper license,the code official shall notify all tenants of the rental property by
posting a notice on all entrances to the rental property indicating the following:
1.You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with the village of Glendale Heights in
violation of title 4,chapter 11A of the Glendale Heights municipal code.
2.You must vacate this structure within sixty(60)days of this notice.
3.If you fail to vacate this structure,you will be subject to a minimum fine of fifty dollars($50.00)and a maximum fine of seven hundred fifty dollars
($750.00)for each day you remain in the residential rental property in violation of this chapter.
4-11A-8:OWNER RESPONSIBILITY:
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A.The owner of the residential rental property shall maintain a record of each property with the full legal names of every tenant in each dwelling unit.
B.The owner or property agent of a residential rental property shall provide each tenant with the name and telephone number of a responsible person who,
in emergency situations,will be available on a twenty four(24)basis and who has the authority to make repairs as needed.
C.The owner of a residential rental property shall inform each tenant,in writing,prior to occupancy,of the maximum number of persons,per dwelling unit,
allowable by the village property maintenance code,as amended.This number shall be determined by the code official in accordance with this code.
4-11A-9:LEASES AND RENTAL AGREEMENTS:
A.All rental agreements,leases and renewal agreements shall be in writing,signed by the tenant.
B.Each rental agreement,lease or renewal agreement shall contain the following provision:
The tenant(s)Is(are)hereby notified that,upon proper notice,the Village of Glendale Heights may conduct reasonable inspections of the rental property,
with the consent of the tenant,for purposes of determining compliance with the Village of Glendale Heights Residential Rental Property Ordinance and
other relevant provisions of the Village Code.
C.Each rental agreement,lease or renewal agreement shall have an addendum attached thereto stating the following:
The Village of Glendale Heights has enacted the following in its Code of Ordinances:
10-7-IA:Residential Rental Property:This ordinance prohibits criminal nuisance activity on properties located within the corporate limits of the Village of
Glendale Heights.
Any violation of the above ordinance or any other federal,state,or local criminal,nuisance,or property maintenance statutes,regulations,or ordinances
may result in the EVICTION of the tenant who committed,allowed,or facilitated the violation.
Tenants and all persons who reside in the leased premises,by assuming possession of the same,agree that the landlord or his agents may release to
the Police Department any information concerning the identity of all occupants.
Tenants who fail to provide the landlord with the names of individuals who will be temporarily residing at the residence for more than seven(7)
consecutive calendar days may be subject to EVICTION.
M
D.Except as provided herein,this chapter is not intended to affect the rights and obligations of the parties to a lease or rental agreement for residential
rental property.
4-11A-10.INSPECTION ACCESS:
If any owner,property agent,tenant,occupant or other person in control of residential rental property or a dwelling unit contained therein fails or refuses to
consent to free access and entry to the property or dwelling unit under his control for any inspection pursuant to this chapter,and if the village has the
probable cause necessary to obtain an administrative warrant,the code official or his designee may apply to the circuit court of DuPage County for an
administrative search warrant or other appropriate court order authorizing such inspection.
4-11A-11:PENALTY FOR VIOLATION.
Any person,firm or corporation in violation of any of the provisions of this chapter,in addition to other legal and equitable remedies available to the village,
shall upon Each day duriingction which a wolf be subject violation off thisto fines chapterof not less continues toras permitted t dollarso exist shall be considered a separate and fiftynor more than seven hundred stint larsoffense,(Ord.2003-66,9$750.00)for each r 18-
2003)
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