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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Illinois as follows: SECTION 1: That Chapter 1 General Provisions of the City of McHenry Municipal Code is hereby repealed and replaced with the following: Sec. 1-1.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: jz 2 c� yor (SEAL) ATTEST: C.6 n