HomeMy WebLinkAboutOrdinances - MC-07-913 - 05/21/2007 - Update chapter 1 of MCOrdinance No. MC-07- 913
An Ordinance providing for updates to
Chapter 1 of the City of McHenry Municipal Code.
BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois as
follows:
SECTION 1: That Chapter 1 General Provisions of the City of McHenry Municipal Code is
hereby repealed and replaced with the following:
Sec. 1-1. How Code Designated and Cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the
"Municipal Code, City of McHenry, Illinois," and may be so cited.
Sec. 1-2. Rules of Construction and Definitions.
In the construction of this Code, and of all ordinances, the rules and definitions set out in this section
shall be observed, unless such construction would be inconsistent with the manifest intent of the City
Council. The rules of construction and definitions set out herein shall not be applied to any section of
this Code which shall contain any express provision excluding such construction, or where the subject
matter of context of such section may be repugnant thereto.
Generally. All general provisions, terms, phrases and expressions contained in this Code shall be
liberally construed in order that the true intent and meaning of the City Council may be fully carried out.
In the interpretation and application of any provisions of this Code, they shall be held to be the
minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and
general welfare. Where any provision of the Code imposes greater restrictions upon the subject matter
than the general provision imposed by the Code, the provision imposing the greater restriction or
regulation shall be deemed to be controlling. For clarification:
City shall be the City of McHenry, Illinois.
City Council, Council. Whenever the words "Council" or "City Council" are used, they shall be
construed to mean the City Council of the City of McHenry.
Computation of time. Whenever a notice is required to be given or an act to be done a certain length of
time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall
be counted in computing the time, but the day on which such proceeding is to be held shall not be
counted.
Corporate or City limits. The term "corporate limits" or "City limits" shall mean the legal boundaries
of the City of McHenry.
County. The words "the County" or "this County" shall mean the County of McHenry in the State of
Illinois.
Delegation of authority. Whenever a provision appears requiring the head of a department or some
other City officer to do some act or perform some duty, it is to be construed to authorize the head of the
department or other officer to designate, delegate and authorize subordinates to perform the required act
or perform the duty unless the terms of the provision or section specify otherwise.
Gender. A word importing the masculine gender only shall extend and be applied to females and to
firms, partnerships and corporations as well as to males.
Joint authority. All words giving a joint authority to three (3) or more persons or officers shall be
construed as giving such authority to a majority of such persons or officers.
Mayor shall mean the Mayor of the City.
Month. The word "month" shall mean a calendar month.
Non -technical and technical words. Words and phrases shall be construed according to the common
and approved usage of the language, but technical words and phrases and such others as may have
acquired a peculiar and appropriate meaning in law shall be construed and understood according to such
meaning.
Number. A word importing the singular number only may extend and be applied to several persons and
things as well as to one person and thing.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Officers generally. Whenever any officer is referred to by title, such as "Clerk," "Comptroller," "Chief
of Police," etc., such reference shall be construed as if followed by the words "of the City of McHenry. "
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner,
tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of part of
such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms,
partnerships and bodies politic and corporate as well as to individuals.
Personal property includes every species of property except real property, as herein described.
Property. The word "property" shall include real and personal property.
Real property shall include lands, tenements and hereditaments.
Shall, may. The word "shall" is mandatory. The word "may" is permissive.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the
adjacent property line, intended for the use of pedestrians, excluding parkways.
Signature or subscription includes a mark when the person cannot write.
State. The words "the State" or "this State" shall be construed to mean the State of Illinois.
Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys,
lanes, viaducts and all other public ways in the City, and shall include all areas thereof embraced
between the property lines and dedicated to the public use.
Tenant or occupant. The words "tenant" or "occupant," applied to a building or land, shall include any
person holding a written or oral lease or who occupies the whole or a part of such buildings or land,
either alone or with others.
Tense. Words used in the past or present tense include the future as well as the past and present.
Wholesale, wholesaler, etc. In all cases where the words "wholesale," "wholesaler," or "wholesale
dealer" are used in this Code, unless otherwise specifically defined, they shall be understood and held to
relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for
purposes of resale, as distinguished from a retail dealer who sells in smaller quantities direct to the
consumer.
"Written," or "in writing" shall be construed to include any representation of words, letters or figures,
whether by printing or otherwise.
Year. The word "year" shall mean calendar year.
Sec. 1-3. Catchlines of Sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere
catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when
any of such sections, including the catchlines, are amended or re-enacted.
Sec. 1-4. Amendments to Code.
All ordinances passed subsequent to this Code which amend, repeal or in any way affect this Code may
be numbered in accordance with the numbering system of this Code and printed for inclusion herein, or
in the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances,
such repealed portions may be excluded from the Code by omission from reprinted pages affected
thereby and the subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall
be prima facie evidence of such subsequent ordinances until such time as this Code or Ordinances and
subsequent ordinances numbered or omitted are re -adopted as a new Code of Ordinances by the City
Council.
Sec. 1-5. Unauthorized alteration or tampering with Code.
It shall be unlawful for any person in the City to change or amend, by additions or deletions, any part or
portions of this Code, or to insert or delete pages, or portions thereof, or to alter or temper with such
Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby.
Sec. 1-6. Effect of repeal of ordinances.
When any ordinance repealing a former ordinance, clause or provision shall be itself repealed, such
repeal shall not be construed to revive such former ordinance, clause or provision unless it shall be
therein so expressly provided.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense
committed or cause of action arising under the ordinance repealed.
Sec. 1-7. Severability of parts of Code.
The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase,
clause, sentence, paragraph or section of this Code shall be declared unconstitutional, invalid or
unenforceable by the valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Code.
Sec. 1-8. General penalty for violation of Code; continuing violations.
(a) Whenever in this Code or in any ordinance of the City any act is prohibited or is made or
declared to be unlawful or a misdemeanor, or whenever in such Code or ordinance the doing of
any act is required or the failure to do any act is declared to be unlawful or a misdemeanor,
where no specific penalty is provided therefore, the violation of any such provision of this Code
or any ordinance shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Seven Hundred Fifty Dollars ($750.00). Each day any violation of any provisions of
this Code or of any ordinance shall continue shall constitute a separate offense. (MC-96-654)
(b) Collection Costs. In the event any charge or fee, including, but not limited to those relating to
water and sewer service charges, recording, retained personnel, fines, penalties, repair,
abatement, restitution or reimbursement, found in any section of the Municipal Code, City of
McHenry, Illinois, that is due the City and is not paid, the cost of collecting said fee and
enforcing the ordinance shall be added to the fee. Collection and enforcement costs shall
include, but not be limited to, prosecution and attorney fees incurred by the City of McHenry.
(MC-97-698)
(c) Fee for Returned Check. A fee of $25.00 shall be due and payable to the City for each check
written or endorsed to the City which is dishonored and returned by the payor bank for any
reason. (MC-92-583. 1; MC-96-660; MC-04-855)
Sec. 1-9. Records of amendments.
It shall be the duty of the City Clerk to keep at least one printed copy of this Code which includes
notation of any and all amendments thereto.
Whenever an ordinance which amends or makes an addition, correction or deletion to the Code is passed
and approved she shall include the City ordinance number for reference in the text of this Code. The
amended page of the Code shall be replaced with the revised page and the original page shall be retained
for future reference.
The above mentioned records shall be kept in addition to the record of ordinances which the City Clerk
is required to keep by statute.
Sec. 1-10. Distribution of Code.
The City Clerk shall make available for public view one printed copy of the current Code. The Code
shall also be made available on the City's website.
Sec. 1-11. Charge for Code.
A reasonable charge to defer the cost of printing and handling may be made to any person who shall
desire copies of this Code and such sum shall be collected by the City.
Sec. 1-12. Settlement of Offenses (MC-94-608; MC-07-906)
A. Payments. Any of the following described offenses arising under the ordinances of the City may be
settled and compromised by the offender in the following manner: when settlement payment is made
within seven days of the time a notice is delivered to the offender, settlement payment shall be those
figures listed in Column A; when settlement payment is made between the eighth and fourteenth day of
the time a notice is delivered to the offender, settlement payment shall be those figures listed in Column
B.
SECTION
OFFENSE
COLUMN A
COLUMN B
3-1
Posting signs, ROW
$ 50.00
$ 100.00
6-2
Keeping animals
50.00
100.00
6-5
Noisy animals
50.00
100.00
6-9
Removal of animal excrement
50.00
100.00
7-2
No building permit
100.00
200.00
7-5
Duration of permit
50.00
100.00
7-7
Occupancy certificate required
100.00
200.00
7-8
Compliance with regulations
50.00
100.00
7-14
Street use restricted
50.00
100.00
7-16
Construction safeguards
50.00
100.00
7-21
Garage required
50.00
100.00
7-24
Burning construction waste
100.00
200.00
7-25
Waste material storage
50.00
100.00
7-38
Rough -In inspection
50.00
100.00
7-93
Substandard structures
50.00
100.00
7-112
Fence permit required
50.00
100.00
7-113
Fence standards
50.00
100.00
7-114
Residential fences
50.00
100.00
7-115
Non-residential fences
50.00
100.00
7-116
Dangerous, encroaching fences
50.00
100.00
7-153
Parabolic dish - residential
50.00
100.00
7-155
Parabolic dish - non-residential
50.00
100.00
7-225
International Property Maint. Code
50.00
100.00
10-18
Burning rubbish
50.00
100.00
10-19
Burning leaves
50.00
100.00
10-20
Burning at night
50.00
100.00
10-21
Paper fire conditions
50.00
100.00
11-79
Refuse containers
50.00
100.00
11-85
Refuse disposal in streams
50.00
100.00
11-86
Refuse collection, frequency
50.00
100.00
11-89
Storage of garbage containers
50.00
100.00
11-90
Accumulation of garbage
50.00
100.00
11-179
Storage/disposal of rubbish
50.00
100.00
11-181
Refuse containers capacity
50.00
100.00
11-182
Landlord provide refuse container
50.00
100.00
11-183
Extermination required
50.00
100.00
11-184
Accumulation of rubbish, etc.
50.00
100.00
11-185
Rodent harborage
50.00
100.00
11-187
Minimum heat requirements
50.00
100.00
11-191
Kitchen required
50.00
100.00
11-192
Water closet required
50.00
100.00
11-193
Lavatory sink required
50.00
100.00
11-194
Bathtub required
50.00
100.00
11-201
Dwelling unit, keep/good repair
50.00
100.00
11-202
Gutters, good condition
50.00
100.00
11-203
Units, premises rodent -free
50.00
100.00
11-205
Accessory structure, good repair
50.00
100.00
11-206
Plumbing pipes/fixtures, good repair
50.00
100.00
11-207
Bathroom floors impervious/water
50.00
100.00
11-208
Utility services maintained
50.00
100.00
11-209
Negligent housing management
50.00
100.00
14-8(G)
Construction hours
50.00
100.00
14-22
Ice boxes, air tight coot.
50.00
100.00
21-7
Obstruction of street
100.00
200.00
21-8
Street repair barricades
100.00
200.00
21-10
Public land use
100.00
200.00
21-11
Obstruct open ditches, drains
100.00
200.00
21-16
Deposits on streets
100.00
200.00
21-17
Deposits on sidewalks
100.00
200.00
21-18
Removal of sidewalk deposits
100.00
200.00
21-19
Burning on public streets
100.00
200.00
21-23
Unlawful curb cut
100.00
200.00
21-32
Permit, street excavation
100.00
200.00
21-39
Restore street surface
100.00
200.00
22-3
Swimming pool permit
50.00
100.00
22-8
Swimming pool location
50.00
100.00
22-15
Swimming pool electric req'ments
50.00
100.00
22-20
Swimming pool fence req'ments
50.00
100.00
24-26
Weeds, nuisance
50.00
100.00
24-27
Parkway maintenance
50.00
100.00
26-20
Water meter required
50.00
100.00
26-35
Private water wells prohibited
50.00
100.00
26-36
Water connection required
50.00
100.00
26-73
Sewer connection required
50.00
100.00
26-89
Septic system approval
50.00
100.00
27-2
Inoperable vehicle
50.00
100.00
28-5
Site development permit
50.00
100.00
SECTION
OFFENSE
COLUMN A
COLUMN B
Zoning Ordinance 0-86-382
IV.A(1)
Home occupations
50.00
100.00
VILA(7)
Motor vehicle storage/repair28-5
50.00
100.00
W A(10)
Parking area maintenance
50.00
100.00
VII.B(4)
Parking area surfacing
50.00
100.00
VII.B(8)
Parking, RV
50.00
100.00
VII.B(9)
Parking, commercial vehicle
50.00
100.00
IX.B(4)
Sign, prohibited
50.00
100.00
IX.B(5)
Sign, non -conforming
50.00
100.00
IX.B(6)
Sign, maintenance & repair
50.00
100.00
IX.C(1)(d)
Sign, removal abandoned
50.00
100.00
IX.D
Sign, standards
50.00
100.00
X
Table 19, yard obstructions
50.00
100.00
X
Table 20, accessory structures
50.00
100.00
B. Settlements: Settlement payments shall be made to the City Community Development Department,
who shall provide the alleged offender with a receipt in the amount of such payment. As a condition
precedent to the right of an offender to settle under this section, the offender shall be required to first
correct the violating offence (i.e., nuisance removed, appropriate license or permit purchased, etc.).
C. DisRosition of Payments: The amounts paid to the City Community Development Department in
settlement of the foregoing claims shall be promptly deposited by the Community Development
Department with the Finance Department and credited to the General Fund.
D. Prosecution: If settlement payment is not received and the offense is not corrected pursuant to
Section 1-12-B, the City may have a sworn complaint issued and prosecute the matter in the Circuit
Court.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalidate or nullify the
remainder thereof, which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: 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.
Passed and Approved this 21 ST day of MAY , 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATROYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
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(SEAL)
ATTEST: C.6
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