HomeMy WebLinkAboutOrdinances - MC-07-929 - 09/10/2007 - REPEAL AND UPDATE MC CHAPTER 11 HEALTH AND SANITATOrdinance No MC-07- 929
An Ordinance providing for updates to
Chapter 11 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 11 Health and Sanitation of the City of McHenry Municipal Code
is hereby repealed and replaced with the following:
MUNICIPAL CODE
CHAPTER 11
HEALTH AND SANITATION*
ARTICLE I.
(MC-07- 929
Sec 11-1- 11-15. Reserved.
ARTICLE II. FOOD AND FOOD HANDLERS**
DIVISION 1. GENERALLY
Sec. 11-16. "Food dealer" defined.
The term "food dealer" as used in this Article, shall be construed to mean and include every person
engaged in the business of selling food at retail for human consumption, either on or off the premises
where sold.
* Cross Reference - Animals and fowl generally, Ch. 6; plumbing regulations, Sec. 7-46; nuisance
business, Sec. 14-3; swimming pools regulated, Ch. 22; weeds and noxious growths, Sec. 24-26
et seq.; water and sewers, Ch. 26.
** Cross Reference - Sanitation of beverage establishments, Sec. 4-20.
Sec. 11-17. "Food" includes beverages.
The term "food" as used in this Division shall be construed to include beverages.
See.11-18. Enforcement.
The County Health Department shall, by agreement with the City, be responsible for the enforcement of
this Article, except those provisions relating to municipal licenses.*
Cross Reference - Licenses generally, Ch. 12.
Sec. 11-19. License required; procedure; fee; penalty.
(a) License required. It shall be unlawful for any food dealer to engage in, or do business in the City
without having first secured a license therefor. Application for such license shall be made in
compliance with the general provisions of this Code relating thereto and shall state therein the
kind of food intended to be sold or handled. The annual fee for such license shall be Thirty
Dollars ($30.00). (MC-92-584)
(b) Penalty for violation of Section. Any person, firm or corporation violating any provision of this
Section shall be fined not less than $25.00 nor more than $500.00 for each offense committed on
each day during, or on which, a violation occurs or continues.
Sec. 11-20. Revocation of license.
Any food dealer's license may be revoked by the City Council for repeated violation of the provisions of
this Article, or for any violation of any other ordinance provision relating to the conduct of the business,
the condition of the premises, the articles sold, or the license required.
Sec. 11-21. Inspections, samples required.
The Health Department shall inspect, or cause to be inspected, every place, building or establishment,
used for the storage, handling, sale or preparation of food or drink intended for human consumption. It
shall be the duty of every food dealer to give the Health Department such samples of each such food or
drink as may be necessary for the purpose of making an analysis of the same to determine whether it is
clean and wholesome.
Secs. 11-22. Reserved.
Sec. 11-23. Double licensing.
Any person licensed to sell any of the foods or beverages for the sale of which a license is required by
the terms of this Chapter or Chapter 4 may conduct on the same premises and in connection with the
licensed business, any other business mentioned in this Chapter or Chapter 4 without paying any
additional fee therefore; provided, that the fee paid for the licensed business is at least as great as the
amount of the fee required for the other business so conducted. This section shall not be so construed as
to relieve any such applicant from the regulatory requirement to such business.
Sec. 11-24. Unwholesome food.
No person shall offer for sale, or keep for the purpose of selling or offering for sale any food of any kind
intended for human consumption which is spoiled or tainted or is unwholesome and unfit for human
consumption for any reason.
All tainted or unwholesome food intended for human consumption may be condemned by the Health
Department and shall thereupon be seized and destroyed by the Health Department or any police officer.
Sec. 11-25. Adulteration.
It shall be unlawful to sell, offer for sale, or keep for such purpose, any food or drink intended for
human consumption which has been adulterated by any material harmful in any way, or which does not
comply with the State statutes governing the same.
Sec. 11-26. Sanitation of premises.
Premises used for the sale or storage of food intended for human consumption must be kept in a clean
and sanitary condition. It shall be unlawful to permit any accumulation of refuse, or waste of any kind
thereon for more than 24 hours; and it shall be unlawful to permit any decaying animal or plant matter or
waste to remain on any such premises at all.
Sec. 11-27. Flies and vermin.
Premises used for the storage of food intended for human consumption shall be kept free from flies and
vermin of all kinds.
Sec. 11-28. Cleanliness, health of employees.
All persons engaged in handling or coming in contact with food intended for human consumption shall
keep themselves clean and shall keep their clothes clean. It shall be unlawful to permit any person
afflicted with a contagious or venereal disease to handle any food intended for sale for human
consumption, or for any such person to handle any such food.
Secs. 11-29 - 11-35. Reserved.
DIVISION 2. RESTAURANTS.
See.11-36. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Division:
Employee shall mean any person who handles food or drink during preparation or serving, or
who comes in contact with any eating or cooking utensils, or who is employed in a room in
which food or drink is prepared or served.
Food shall mean and include all articles used for food, drink, confectionery or condiment,
whether simple, mixed or compound, and all substances or ingredients used in the preparation
thereof.
Health Department shall mean a duly appointed health officer of the McHenry County Health
Department, or his authorized representative.
Itinerant Restaurant shall mean a restaurant operation which does not have a permanent
business address in the City and which pays no sales tax to the City, and which operates for a
temporary period in connection with a fair, carnival, circus, public exhibition, or other similar
gathering. (MC-92-584)
Restaurant shall mean and include any restaurant, coffee shop, cafeteria, short order cafe,
luncheonette, tavern, sandwich stand, drug store and soda fountain serving food, and all other
eating or drinking establishments, as well as kitchens or other places in which food or drink is
prepared for sale elsewhere.
Utensils shall mean and include any kitchenware, tableware, glassware, cutlery, utensils,
containers, or other equipment with which food or drink comes in contact during storage,
preparation, or serving.
Sec. 11-37. Enforcement interpretation.
This Division shall be enforced by the Health Department in accordance with the interpretations thereof
contained in the most current edition of the U.S. Public Health Service Food Service Sanitation. Manual,
a copy of which shall be on file at the McHenry County Health Department; provided, however, that
should any provision, item or part thereof fail to meet the minimum requirements of state law, the
requirements of said state law shall apply only to that provision, item or part.
Sec. 11-38. Permit required; posting; suspension, revocation.*
It shall be unlawful for any person to operate a restaurant in the City who does not possess an unrevoked
permit from the Health Department. Such permit shall be posted in a conspicuous place. Only persons
who comply with the requirements of this Division shall be entitled to receive and retain such a permit.
A person conducting an itinerant restaurant shall be required to secure a permit.
* Cross Reference - Permits generally, Ch. 12
Such a permit may be temporarily suspended by the Health Department upon the violation by the holder
of any of the terms of this Division, or revoked after an opportunity for a hearing by the Health
Department upon serious or repeated violation.
Sec. 11-39. Permit fees; penalty.
(a) Fees. Every applicant for a permit to operate a restaurant or itinerant restaurant shall pay to the
City a fee or fees for each such establishment in accordance with the following schedule:
Restaurants, annually $30.00
Itinerant restaurant, for each period of 5 days or less $50.00
The foregoing fees shall not be prorated.
(b) Penalty for violation of Section. Any person, firm or corporation violating any provision of this
Section shall be fined not less than $25.00 nor more than $750.00 for each offense committed on
each day during, or on which, a violation occurs or continues. (MC-96-654)
Sec. 11-40. Applicability to non-profit organizations, fee exemptions.
The provisions of Section 11-38 shall apply to all restaurants and itinerant restaurants operated by
fraternal organizations, service clubs, religious, educational and charitable institutions; provided,
however, these organizations shall be exempt from the payment of any permit fees; and provided further
that said organizations are maintained not -for -profit and the service rendered is confined to members of
the organizations and their guests.
Sec. 11-41. Disease control.
No person who is infected with a communicable disease, or who is a carrier of any disease, shall work in
any restaurant, and no restaurant shall employ any such person suspected of a communicable disease in
any form, or of being a carrier of such a disease.
If the restaurant manager suspects any employee has contracted a communicable form of disease, or has
become a carrier of such a disease, he shall notify the Health Department immediately, and said Health
Department shall immediately order the employee to undergo a physical examination as required.
Hand washing signs shall be posted in any toilet rooms used by employees.
Sec. 11-42. Construction, reconstruction, alteration of restaurants.
All restaurants which are hereafter constructed, reconstructed, or extensively altered, shall conform to
the requirements of this Division for Grade A restaurants. Properly prepared plans for all restaurants
which are hereafter constructed, reconstructed, or extensively altered, shall be submitted to the Health
Department for approval before work is begun.
Secs. 11-43 - 11-48. Reserved.
DIVISION 3. MILK AND MILK PRODUCTS
Sec. 11-49. Applicability.
All milk and milk products controlled by the provisions of this Division shall be those as defined in 410
CS 605 et seq.
620-ILCS Illinois Food, Drug and Cosmetic Act and as shall be subsequently amended.
Sec. 11-50. Enforcement.
This Division shall be enforced by the Health Department in accordance with applicable interpretations
thereof contained in the Illinois Compiled Statutes as amended, pertaining to the regulation of dairy
products, an official copy of which shall be on file in the McHenry County Health Department, except
that in case any provisions or part of this Division does not meet the minimum requirements of the State
law, then the requirements of the State law shall apply only to that provision or part thereof so affected.
The Health Department is further authorized to enforce any part of this Division which may not be
covered by either the said Code or State law, by applying interpretations thereof which are necessary to
safeguard the public health.
Sec. 11-51. License for milk dealers, milk delivery vehicles.
(a) License required. It shall be unlawful for any person to engage in the business of a milk dealer
within the City or to operate a milk delivery truck in the City for delivery of milk to any location
within the City without first securing an annual license to do so. The annual fee for such license
shall be $200.00 for each delivery truck and milk dealership. The application for such license
shall comply with the general regulations for license applications as set forth in this Code.
(MC-92-584)
(b) Exception. No annual license shall be required if the activity sought hereunder to be licensed is
subject to the City sales tax.
(c) Penalty for violation of Section. Any person, firm or corporation violating any provision of this
Section shall be fined not less than $25.00 nor more than $500.00 for each offense committed on
each day during, or on which, a violation occurs or continues.
See.11-52. Standards.
It shall be unlawful to sell or offer for sale within the City, any milk or milk product which shall not
have been produced and maintained until delivery in compliance with the Grade A milk statute of the
State of Illinois and which is not labeled or branded as being in conformity with all State of Illinois
Grade A requirements or which is not produced, processed, delivered and sold by a person, firm, or
corporation subject to health control of an area or municipality approved by the State of Illinois,
Department of Health, Division of Foods and Dairies.
Secs. 11-53 - 11-60. Reserved.
DIVISION 4. FOOD DELIVERIES
Sec. 11-61. License compliance required.
It shall be unlawful to use or permit the use of any vehicle, including wagons, motor vehicles, and
vehicles propelled by human power, for the storage or carrying of any meat, poultry, fish, lard,
vegetables, bread or bakery products, or any other provisions intended for human consumption,
including beverages other than milk, in the City for the purpose of delivering any such food stuffs to any
place in the City for sale and consumption at the place delivered, unless a license for such vehicle is first
secured and the provisions of this Division are fully complied with.
Sec. 11-62. License application, issuance, fee.
Applications for licenses required by this Division shall be made to the City Clerk under the provisions
generally applicable as set forth elsewhere in this Code, and such applications shall recite the names of
the persons making such deliveries and the nature of the goods carried. The Clerk shall issue such
licenses if requirements have been satisfied, and shall maintain a list of all such licenses issued.
The annual fee for such licenses, per vehicle, shall be $50.00 per year. (MC-92-584)
Sec.11-63. Exemption from fee.
No license fee shall be required for any vehicle used to deliver foodstuffs as hereinabove set forth, from
any establishment which is licensed and inspected as a food dealing establishment in the City; but all
provisions of this Division, other than that providing for the payment of a fee, shall be complied with in
connection with such vehicles.
Sec. 11-64. License revocation.
Any license issued under the provisions of this Division may be revoked by the City for any violation of
any Section or regulation hereof, and such revocation shall be in addition to any fine imposed.
Sec. 11-65. Inspections.
It shall be the duty of the Health Department to make or cause to be made such inspections as may be
necessary to insure compliance with the provisions of this Division.
Sec. 11-66. Sanitation requirements.
All vehicles used in food deliveries shall be kept in a clean and sanitary condition and shall be
thoroughly cleaned each day they are so used. It shall be unlawful to permit any stale food, decaying
matter, or any other waste material or product to accumulate in or on any such vehicle while it is so
used.
If unwrapped foodstuffs are transported in any such vehicle such goods shall be carried in a portion or
compartment of the vehicle which is cleaned and protected against dust and insects.
Secs. 11-67 - 11-77. Reserved.
ARTICLE III. GARBAGE AND REFUSE GENERALLY*
* Cross Reference - Burning of rubbish, Sec. 10-18; rubbish and trash disposal in parks, Sec.
16-14.
Sec. 11-78. Duty to provide for disposal.
It shall be the duty of every owner or his agent or occupant of any building, apartment, store or other
business establishments, or any person who shall regularly accumulate refuse, rubbish and garbage
within the City, to provide for such disposal of garbage, refuse and rubbish as shall be necessary to keep
the place and premises in a clean and sanitary condition as shall be required by the Health Department.
Garbage shall mean the animal and vegetable waste resulting from the handling, preparation,
cooking, serving, and non -consumption of food.
Refuse shall mean all putriscible and non-putrescible solids (except body wastes), including
garbage, rubbish, ashes, and dead animals.
Rubbish shall mean non-putrescible solid wastes (excluding ashes) consisting of either:
(a) combustible wastes such as paper, cardboard, plastic containers, yard clippings, and
wood; or
(b) non-combustible wastes such as metal cans, glass, and crockery.
Sec. 11-79. Duty to provide, maintain refuse containers.
Refuse containers shall be provided by the owner, tenant, lessee or occupant of the premises. Refuse
containers shall be maintained in good condition and any container which does not conform with the
provisions of this Article or that may have ragged or sharp edges or any other defect liable to injure the
person collecting the contents thereof, shall be promptly replaced upon notice.
Sec. 11-80. Construction of garbage containers.
Garbage containers shall be made of metal or approved plastic equipped with suitable handles and tight
fitting covers, and shall be water tight.
Sec. 11-81. Garbage container capacity.
Garbage containers shall have a capacity of not more than 30 gallons.
Sec. 11-82. Sanitation of garbage containers.
Garbage containers shall be of a type approved by the Director of Public Works and shall be kept in a
clean, neat and sanitary condition at all times.
Sec.11-83. Reserved:
Sec. 11-84. Rubbish containers.
Rubbish containers shall be of a kind suitable for collection purposes, and shall be of such weight that
they can be handled by one man person.
Sec. 11-85. Disposal of refuse.
(a) No person shall place any refuse in any street, alley or other public place, or other public or
private property whether owned by such person or not, within the City except it be in proper
containers for collection or under express approval granted by the Director of Public Works. Nor
shall any person throw or deposit any refuse in any stream or other body of water.
(b) Any unauthorized accumulation of refuse on any premises is hereby declared to be a nuisance
and is prohibited.
(c) No person shall cast, place, sweep or deposit anywhere within the City any refuse in such a
manner that it may be carried or deposited by the elements upon any street, sidewalk, alley,
sewer, parkway or other public place, or into any other occupied premises within the City.
(d) No person shall place or deposit any refuse or yard waste materials in any dumpster or in any
trash, refuse or garbage receptacle or container, belonging to the City of McHenry or to another
person, unless the Owner, Lessee or Custodian of such dumpster, receptacle or container has
given express permission to such person to do so. (MC-90-532)
Sec. 11-86. Frequency of collection.
(a) Residential. Refuse accumulated by residences shall be collected at least once each week.
(b) Commercial. Such businesses or institutions as cater to the public shall provide suitable garbage
collection service to maintain the premises in a clean, sanitary condition, and the frequency of
collection requirements shall be in accordance with the volume of garbage and refuse
accumulated and as shall be required by the Health Department.
Sec. 11-87. Combustible, explosive refuse.
Highly combustible or explosive materials shall not be placed in containers for regular collection but
shall be disposed of as safety shall require.
Sec. 11-88. Use of incinerators.
It shall be unlawful to burn rubbish of any kind, other than papers, paper goods, or cardboard anywhere
in the City except in an incinerator inside a building.
Sec. 11-89. Storage of garbage and refuse containers, etc.
No person shall place any garbage and refuse container adjacent to on any street, alley, or other public
place more than 24 hours prior to the regular and customary collection schedule established by such
person's scavenger, nor shall any person permit such garbage and refuse containers to remain adjacent to
any street, alley or other public place more than 24 hours after the aforesaid regular and customary
collection schedule. At all other times such garbage and refuse containers shall be stored out of public's
plain view.
Sec. 11-90. Accumulations of garbage.
The accumulation and storage of garbage on any premises for more than a period of two weeks is hereby
declared to be a public nuisance and is prohibited.
Secs. 11-91- 11-98. Reserved.
ARTICLE IV. SCAVENGERS
DIVISION 1. GENERALLY
Sec. 11-99. Definition.
For the purpose of this Article, the word "scavenger" means any person engaged in the business of
collecting, carting, hauling or transporting garbage, ashes, refuse of all kinds and any and all
miscellaneous waste materials.
Sec. 11-100. Exemptions from Article.
This Article shall not apply to anyone who is engaged in the business of landscaping, lawn and ground
maintenance, tree trimming, lawn mowing, bush and tree trimming, construction or trucking who
remove, haul and dispose of brush, tree branches and trunks, grass clippings, landscape wastes, building
debris, construction debris or junk. (MC-90-531)
Sec. 11-101. Reserved.
Sec. ll-102. Vehicle insurance.
Each vehicle used in scavenger operations licensed under this Article shall be insured against public
liability in the amount of $1,000,000 for each person injured and in the amount of $1,000,000 for each
occurrence.
Sec. 11-103. Vehicles to be watertight and equipped with cover.
All vehicles used by a scavenger in his business shall be watertight and shall be equipped with airtight
covers for such portions as are used for the transportation of garbage, refuse of all kinds or
miscellaneous waste materials.
Sec. 11-104. Vehicles and containers to be kept closed.
All vehicles, boxes or containers used or leased by a scavenger shall be kept securely closed to prevent
the contents from scattering.
Sec. 11-105. Residential services.
(a) The scavenger licensee furnishing one and two family residential scavenger service shall provide
such services at such rates and under such terms and conditions as may be determined from time
to time by the City Council. (MC-87-433)
(b) A scavenger may provide such other special type of collection service (such as the pickup of
household debris, construction material, junked appliances, discarded furniture or other
miscellaneous materials) as the homeowner may request at a collection fee to be agreed upon
between the scavenger and the homeowner.
Sec. 11-106. Business, commercial and industrial services.
A scavenger licensed under this Article may contract with each business, commercial and industrial
establishment, individually, for scavenger service, at a monthly collection fee to be agreed upon between
them.
Secs. 11-107 - 11-116. Reserved.
DIVISION 2. LICENSE
See.11-117. Required.
No person shall engage in the business of scavenger in the City, without first having obtained an annual
scavenger license from the City.
Sec. 11-117.1 Number of licenses.
Only one scavenger license for one, two, three and four family residence service in the City shall be
issued. Scavenger licenses for all other scavenger services in the City shall be issued on a non-exclusive
basis. (MC-87-433; MC-93-598)
Sec. 11-117.2 Terms and conditions of exclusive license.
The exclusive license for one, two, three and four family residence scavenger service in the City shall be
issued to such scavenger on such terms and conditions as the City Council may from time to time
determine. (MC-87-433; MC-93-598)
Sec. 11-118. Filing and contents of application.
Application for a scavenger's license shall be filed with the City Clerk. Such application shall be signed,
under oath, by the applicant and shall disclose the name, residence address and telephone number of the
applicant, the business address and telephone number of the applicant, the make, model, year and serial
number of each vehicle used and to be used by the applicant in the scavenger operations, and the total
number of such vehicles.
Sec. 11-119. Bond for exclusive license.
The waste hauler who is awarded the exclusive license for one, two, three and four family residential
scavenger services shall immediately upon being awarded the license, file a bond with the City in the
penal sum of $250,000.00, executed by the waste hauler as principal and also by two non -corporate
sureties, who shall be residents of the State. The waste hauler, however, shall have the option of
substituting a corporate surety on such bond, in lieu of the aforesaid non -corporate sureties. Such bond
shall be approved by the City Attorney and shall be conditioned upon the waste hauler complying fully
with all of the provisions of the ordinances of the City at all times and also complying fully with all of
the provisions of the Statutes of the State. (MC-87-433; MC-93-598)
Sec. 11-120. Action on application.
The City Clerk shall receive and issue scavenger licenses based upon receipt of all required
documentation and fees as stated herein.
Sec.11-121. Fee.
No annual fee shall be charged for the exclusive license issued for one, two, three and four family
residential scavenger service. The annual fee for all other scavenger licenses shall be $100.00 for each
vehicle that is to be used in the scavenger business in the City. (MC-87-433; MC-92-584; MC-93-598)
Sec. 11-122. Term
The term of an annual scavenger's license shall be the same as the fiscal year of the City (May 1 to April
30).
Sec.11-123. Revocation.
(a) The Mayor and City Council may revoke any scavenger's license issued under this Article, where
the licensee has violated any of the regulations prescribed in this Article. Notice of such
revocation shall be given to the licensee by personal delivery to the licensee, or by certified mail
addressed to the licensee. The licensee shall be entitled to a hearing before the Mayor and City
Council in connection with such revocation, provided he makes written demand for such hearing
within five days after he has received the notice of revocation.
(b) A hearing demanded by the licensee under this Section shall take place within fifteen days after
the demand for the hearing has been filed with the City Clerk. Whenever a demand has been
made by a licensee for a hearing in connection with the revocation of his license, the licensee
shall be permitted to continue scavenger operations in the City during the time that such hearing
on the revocation is pending.
Secs. 11-124-11-129. Reserved.
ARTICLE V. NO SMOKING
Sec. 11-130. Smoking declared nuisance.
It is hereby found and declared that it shall be a nuisance for any person to smoke or carry a lighted
cigarette, cigar or pipe in any municipal building of the City of McHenry, Illinois and in any grocery
store, meat or fish market, delicatessen store or convenience food store in the City of McHenry.
Sec.11-131. Smoking prohibited.
No person shall smoke or carry a lighted cigarette, cigar or pipe in any grocery store, delicatessen store,
meat or fish market, or convenience food store in the City of McHenry except in designated smoking
areas, restrooms, executive offices and other rooms or areas where merchandise is not displayed for sale.
No person shall smoke or carry a lighted cigarette, cigar or pipe in any municipal building of the City of
McHenry, Illinois -
Sec. 11-132. Designation of smoking areas.
Smoking areas may be designated by the proprietor of any grocery store, delicatessen store, meat or fish
market, or convenience food store by posting appropriate signs, arranging seating to provide smoke free
areas, or any other means which may be appropriate.
Sec. 11-133. No smoking signs.
The proprietor or other person in charge of any place where smoking is prohibited by this Article shall
post "No Smoking" signs at all entrances to such premises and in conspicuous places within said stores
prior to the entrance into the shopping areas of said store effective January 4, 1984. It shall be unlawful
for any person to remove, deface or obscure any sign posted pursuant to the provisions of this Article.
Sec. 11-134. Reserved.
ARTICLE VI. HOUSING MAINTENANCE AND OCCUPANCY CODE
DIVISION 1. GENERAL PROVISIONS
Sec. 11-135. Legislative Findings.
It is hereby found that there exists and may, in the future, exist within the City of McHenry, Illinois
premises, dwelling units, rooming units, or parts thereof which by reason of their structure, equipment,
sanitation, maintenance, use, or occupancy, affect or are likely to affect adversely the public health
(including the physical, mental and social well-being of persons and families), safety, and general
welfare. To correct and prevent the existence of such adverse conditions, and to achieve and maintain
such levels of residential environmental quality as will protect and promote public health, safety, and
general welfare, it is further found that the establishment and enforcement of minimum housing
standards are required.
See.11-136. Purposes.
It is hereby declared that the purpose of this Article is to protect, preserve, and promote the physical and
mental health and social well-being of the people, to prevent and control the incidence of communicable
diseases, to reduce environmental hazards to health, to regulate privately and publicly owned dwellings
for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the
people and to promote the general welfare by legislation which shall be applicable to all dwellings now
in existence or hereafter constructed. It is further declared that the purpose of this Article is to insure
that the quality of housing is adequate for protection of public health, safety, and general welfare,
including: safety from fire and accidents; provision for an adequate level of maintenance; determination
of the responsibilities of owners, operators and occupants of dwellings; and provision for the
administration and enforcement thereof.
Sec.11-137. Scope.
The provisions of this Article shall apply uniformly to the construction, maintenance, use and occupancy
of all residential buildings and structures, where applicable, and shall apply uniformly to the alteration,
repair, equipment, use, occupancy and maintenance of all existing residential buildings and structures,
within the jurisdiction of the City of McHenry irrespective of when or under what code or codes such
buildings or structures were originally constructed or rehabilitated.
Sec. 11-138. Title.
This Article shall be known and may be cited as the Housing Maintenance and Occupancy Code of the
City of McHenry, hereinafter referred to as "this Article".
DIVISION 2. DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this Article:
Sec. 11-139. Approved shall mean approved by the local or state authority having such administrative
authority.
Sec. 11-140. Ashes shall mean the residue from the burning of combustible materials.
Sec. 11-141. Building shall mean a fixed construction with walls, foundation and roof, such as a house,
factory, garage, etc.
Sec. 11-142. Bulk Container shall mean any metal garbage, rubbish, and/or refuse container having a
capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or
mechanical emptying, unloading and/or removal.
Sec. 11-143. Dilapidated shall mean no longer adequate for the purpose of use for which it was
originally intended.
Sec. 11-144. Dormitory shall mean a building or a group of rooms in a building used for institutional
living and sleeping purposes by four or more persons.
Sec. 11-145. Dwelling shall mean any enclosed space wholly or partly used or intended to be used for
living, sleeping, cooking and eating; provided that temporary housing as hereinafter defined shall not be
classified as a dwelling.
Sec. 11-146. Dwelling Unit shall mean a room or group of rooms located within a dwelling forming a
single habitable unit with facilities used or intended to be used by a single family for living, sleeping,
cooking and eating purposes.
Sec. 11-147. Extermination shall mean the control and elimination of insects, rodents, or other pests by
eliminating their harborage places, by removing or making inaccessible materials that may serve as their
food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination
methods approved by the local or state authority having such administrative authority.
Sec. 11-148. Garbage shall mean the animal and vegetable waste resulting from the handling,
preparation, cooking, serving, and non -consumption of food. (See refuse, rubbish)
Sec. 11-149. Guest shall mean an individual who shares a dwelling unit in a non -permanent status for
not more than thirty days.
Sec. 11-150. Infestation shall mean the presence within or around a dwelling of any insects, rodents or
other pests.
Sec. 11-151. Lead -based Paint shall mean any paint containing more than the level established by the
U.S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint and
paint products.
Sec. 11-152. Meaning of Certain Words. Whenever the words "dwelling", "dwelling unit," "rooming
units," premises," "structure" are used in this Article, they shall be construed as though they were
followed by the words "or any part thereof." Words used in the singular include the plural, and the
plural the singular, the masculine gender includes the feminine and the feminine the masculine.
Sec. 11-153. Multiple Dwelling shall mean any dwelling containing two or more dwelling units.
Sec. 11-154. Occupant means any individual living, sleeping, cooking and eating in or having
possession of a dwelling unit or a rooming unit; except that in a dwelling unit, a guest shall not be
considered an occupant.
Sec. 11-155. Owner shall mean any person who, alone or jointly or severally with others:
(a) shall have legal title to any premise, dwelling or dwelling unit, with or without accompanying
actual possession thereof, or
(b) shall have charge, care, or control of any premise, dwelling or dwelling unit, as owner or agent
of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply with the provisions of
this Article and of rules and regulations adopted pursuant thereto, to the same extent as if he
were the owner.
Sec. 11-156. Person shall mean and include any individual, firm, corporation, association, partnership,
cooperative or governmental agency.
Sec. 11-157. Plumbing shall mean and include all of the following supplied facilities and equipment:
gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwasher, lavatories, bathtubs, shower baths, installed clothes washing machines, catch
basins, drains, vents, and any other similar supplied fixtures, and the installation thereof, together with
all connections to water, sewer, or gas lines.
Sec. 11-158. Premises shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot
of land, either occupied or unoccupied by any dwelling or non -dwelling structure, and includes any such
building, accessory structure or other structure thereon.
Sec. 11-159. Properly Connected shall mean connected in accordance with all applicable codes and
ordinances of the City of McHenry provided, however, that the application of this definition shall not
require the alteration or replacement of any connection in good working order and not constituting a
hazard to life or health.
Sec. 11-160. Refuse shall mean all putrescible and non-putrescible solids (except body wastes),
including garbage, rubbish, ashes, and dead animals.
Sec. 11-161. Refuse Container shall mean a water tight container that is constructed of metal, or other
durable material impervious to rodents, that is capable of being serviced without creating unsanitary
conditions, or such other containers as have been approved by the appropriate authority. Openings into
the container such as covers and doors shall be tight fitting.
Sec. 11-162. Rodent Harborage shall mean any conditions or place where rodents live, nest or seek
shelter.
Sec. 11-163. Rodent -Proofing shall mean a form of construction which will prevent the ingress or
egress of rodents to or from a given space or building, or from gaining access to food, water or
harborage. It consists of the closing and keeping closed of every opening in foundations, basements,
cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings,
and other places that may be reached and entered by rodents by climbing, burrowing or other methods,
by the use of materials impervious to rodent gnawing and other methods approved by the Building
Officer.
Sec. 11-164. Rooming House shall mean any dwelling other than a hotel or motel or that part of any
dwelling, containing one or more rooming units, and/or one or more dormitory rooms and in which
persons either individually or as families are housed with or without meals being provided.
Sec. 11-165. Rooming Unit shall mean any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking purposes.
Sec. 11-166. Rubbish shall mean non-putrescible solid wastes (excluding ashes) consisting of either:
(a) combustible wastes such as paper, cardboard, plastic containers, yard clippings, and wood; or
(b) non-combustible wastes such as metal cans, glass, and crockery.
Sec. 11-167. Safety shall mean the condition of being reasonably free from danger and hazards which
may cause accidents or diseases.
Sec. 11-168. Temporary Housing means any tent, trailer, mobile home or any other structure used for
human shelter which is designed to be transportable and which is not attached to the ground, to any
other structure, or to any utility system on the same premises.
Sec. 11-169. Toxic Substances shall mean any chemical product applied on the surface of or
incorporated into any structural or decorative material which constitutes a potential hazard to human
health at acute or chronic exposure levels.
Sec. 11-170. Undefined Words. Words not specifically defined in this Article shall have the common
definition set forth in a standard dictionary.
Secs. 11-171 - 11-175 (Reserved)
DIVISION 3. RESPONSIBILITIES OF OWNERS AND OCCUPANTS
Sec. 11-176. No owner or other person shall occupy or let to another person any dwelling or dwelling
unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all
applicable legal requirements of the State of Illinois, the County of McHenry and the City of McHenry.
Sec. 11-177. Every owner of a dwelling containing two (2) or more dwelling units shall maintain in a
clean and sanitary condition the shared or public area of the dwelling and premises thereof; every
occupant shall refrain from any conduct which contributes to the uncleanliness or unsanitary conditions
of the shared public areas.
Sec. 11-178. Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary
condition that part of the dwelling, dwelling unit and premises thereof that he occupies and controls.
Sec. 11-179. Every occupant of a dwelling or dwelling unit shall store and dispose of all his rubbish in a
clean, sanitary and safe manner.
Sec. 11-180. Every occupant of a dwelling or dwelling unit shall store and dispose of all his garbage,
refuse, and any other organic waste which might provide food for insects and/or rodents in a clean,
sanitary, safe manner. All garbage cans and refuse containers shall be rodent -proof, insect -proof,
water -tight, structurally strong to withstand handling stress, easily filled, emptied and cleaned; shall be
provided with tight -fitting covers or similar closures; and shall be maintained at all times in clean
sanitary condition.
Sec. 11-181. The total capacity of all provided garbage and/or refuse cans and bulk storage containers
shall be sufficient to meet the needs of the occupants of the dwelling.
Sec. 11-182. Every owner of a dwelling containing three or more dwelling units shall supply facilities
or refuse containers for the sanitary and safe storage and/or disposal of rubbish and garbage. In the case
of a single or two-family dwellings it shall be the responsibility of each occupant to furnish such
facilities or refuse containers.
Sec. 11-183. Every occupant of a dwelling containing a single dwelling unit shall be responsible for
such extermination of any infestation whenever his dwelling unit is the only one infested.
Notwithstanding, the foregoing provisions of this subsection, whenever infestation is caused by failure
of the owner to maintain a dwelling in a rodent -proof or reasonable insect -proof condition,
extermination shall be the responsibility of the owner. Whenever infestation exists in two or more units
of the dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units,
extermination thereof shall be the responsibility of the owner.
Sec. 11-184. No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap
metal, or any other materials in such a manner that may provide a rodent harborage in or about any
dwelling or dwelling unit.
Sec. 11-185. No owner of a dwelling containing three or more dwelling units shall accumulate or permit
the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that
may provide a rodent harborage in or about the shared or public areas of a dwelling or its premises.
Sec. 11-186. No owner or occupant of a dwelling or dwelling unit shall store, place or allow to
accumulate any materials which may serve as food for rodents in a site accessible to rodents.
Sec. 11-187. From September 15 until June 1 and from 6:30 a.m. to 10:30 p.m., in every dwelling unit
and/or rooming unit when the control of the supplied heat is the responsibility of a person other than the
occupant, a temperature of at least 68' Fahrenheit shall be maintained in all habitable rooms, bathrooms,
water closet compartments, recreation rooms, laundries and communicating corridors immediately
adjacent to a dwelling unit at a distance of 36 inches above the floor level. A minimum temperature of
65' Fahrenheit shall be maintained at all other times during this period.
Failure to furnish the heat required by this paragraph shall not constitute an offense where it is due to a
breakdown of the heating plant, if diligence is used to have such plant repaired (unless such breakdown
has been caused by a violation of this Article), nor where it is due to strikes, to a general shortage of
fuel, to any act of the tenant who makes the complaint or to any cause beyond the owner's control.
Sec. 11-188. No owner or occupant shall apply a lead -based paint to any surface in any dwelling,
dwelling unit, rooming house and/or rooming unit.
Secs. 11-189-190 Reserved
DIVISION 4.
MINIMUM STANDARDS FOR BASIC EQUIPMENT AND FACILITIES
No person shall occupy as owner or let to another for occupancy any dwelling or dwelling unit, for the
purposes of living, sleeping, cooking or eating therein, which does not comply with the following
requirements:
Sec. 11-191. Every dwelling unit shall have a room or portion of a room in which food may be prepared
and/or cooked, which shall have adequate circulation area, and which shall be equipped with the
following:
(a) A kitchen sink in good working condition and properly connected to a water supply system
which is approved by the appropriate authority and which provides at all times an adequate
amount of heated and unheated running water under pressure, and which is connected to a sewer
system approved by the appropriate authority.
(b) Cabinets and or shelves for the storage of eating, drinking, and cooking equipment and utensils
and of food that does not under ordinary summer conditions, require refrigeration for safe
keeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or
table shall be of sound construction furnished with surfaces that are easily cleanable and that will
not impart any toxic or harmful effect to food.
(c) A stove or similar device, for cooking food, and a refrigerator, or similar device, for the safe
storage of food at temperatures less than 450F (7°C) but more than 32°F (0°C) under average
maximum summer conditions, which are properly installed with all necessary connections for
safe, sanitary and efficient operation; provided that such stove, refrigerator, and/or similar
devices need not be installed when dwelling unit is not occupied and when the occupant is
expected to provide same on occupancy, and that sufficient space and adequate connections for
the safe and efficient installation and operation of said stove, refrigerator and/or similar devices
are provided.
Sec. 11-192. Within every dwelling unit there shall be a non -habitable room which affords privacy to a
person within said room and which is equipped with a flush water closet in good working condition.
Said flush water closet shall be equipped with easily cleanable surfaces, be properly connected to a
water system that at all times provides an adequate amount of running water under pressure to cause the
water closet to be operated properly, and shall be properly connected to a sewer system which is
approved by the appropriate authority.
Sec. 11-193. Within every dwelling unit there shall be a lavatory sink. Said lavatory sink may be in the
same room as the flush water closet, or, if located in another room, the lavatory sink shall be located in
close proximity to the door leading directly into the room in which said water closet is located. The
lavatory sink shall be in good working condition and properly connected to a water supply system which
is approved by the appropriate authority and which provides at all times an adequate amount of heated
and unheated running water under pressure, and which is properly connected to a sewer system
approved by the appropriate authority. Water inlets for lavatory sinks shall be located above the
overflow rim of these facilities.
Sec. 11-194. Within every dwelling unit there shall be a room which affords privacy to a person within
said room and which is equipped with a bathtub or shower in good working condition. Said bathtub or
shower may be in the same rooms as the flush water closet or in another room and shall be properly
connected to a water supply system which is approved by the City and which provides at all times an
adequate amount of heated and unheated water under pressure and which is connected to a sewer system
approved by the City. Water inlets for bathtubs shall be located above the rim of these fixtures.
Secs. 11-195 - 11-200 (Reserved)
DIVISION 5.
GENERAL REQUIREMENTS
RELATING TO THE SAFE AND SANITARY MAINTENANCE
OF PARTS OF DWELLINGS AND DWELLING UNITS
No person shall occupy as owner or let to another for occupancy any dwelling or dwelling unit, for the
purpose of living therein, which does not comply with the following requirements:
Sec. 11-201. Every foundation, roof, floor, exterior, and interior wall, ceiling, inside and outside stair,
every porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads
that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair.
Every inside and outside stair or step shall have uniform risers and uniform treads.
Sec. 11-202. Where required, gutters, leaders and down -spouts shall be provided and maintained in
good working condition so as to provide proper drainage of storm water.
Sec. 11-203. Every dwelling, multiple dwelling, rooming house or accessory structure and the premises
on which they are located shall be maintained in a rodent -free and rodent -proof condition.
(a) All openings in the exterior walls, foundations, basements, ground or first floors which have a %2
inch diameter or more opening, shall be rodent -proofed in an approved manner if they are within
48 inches of the existing exterior ground level immediately below such openings, or if they may
be reached by rodents from the ground by climbing unguarded pipes, wires, cornices, stairs,
roofs, and other items such as trees or vines or by burrowing.
(b) All windows located at or near ground level used or intended to be used for ventilation, all other
openings located at or near ground level, and all exterior doorways which might provide an entry
for rodents, shall be supplied with adequate screens or such other devices as will effectively
prevent the entrance of rodents into the structure.
(c) All sewers, pipes, drains or conduits and openings around such pipes and conduits shall be
constructed to prevent the ingress or egress of rodents to or from a building.
(d) Interior floors of basements, cellars and other areas in contact with soil shall be rodent -proofed in
an approved manner.
(e) Materials stored outside the dwelling shall be stacked and elevated so that there will be at least
an eighteen (18) inch opening between the material and the ground level so as to prevent the
creation of a rodent harborage area. No stacking or piling of material shall take place against the
exterior walls of the structure.
(f) Any materials used for rodent -proofing shall be acceptable to the Building Enforcement Officer.
Sec. 11-204. All fences shall be constructed in accordance with the Fence Ordinance and shall be
maintained in good condition and shall not create a harborage for rodents. Any fence that is to be
painted, shall be painted with a non -lead base paint.
Sec. 11-205. Accessory structures present or provided by the owner, agent, or tenant occupant on the
premises of a dwelling shall be structurally sound, and be maintained in good repair and free of insects
and rodents, or such structures shall be removed from the premises. The exterior of such structures shall
be made weather resistant through the use of decay resistant materials or the use of lead-free paint or
other preservatives.
Sec. 11-206. Every plumbing fixture and all water and waste pipes shall be properly installed and
maintained in good sanitary working condition.
Sec. 11-207. Every water closet compartment, bathroom and kitchen floor surface shall be constructed
and maintained so as to be reasonably impervious to water and so as to permit such floor to be easily
kept in a clean and sanitary condition.
Sec. 11-208. No owner, operator or occupant shall cause any service, facility, equipment or utility
which is required under this Article to be removed from or shut off from or discontinued for any
occupied dwelling or dwelling unit let or occupied by him; except for such temporary interruption as
may be necessary while actual repairs or alterations are in process, or during temporary emergencies
when discontinuance of service is approved by the appropriate authority.
Sec. 11-209. Negligent housing management.
No person having personal management or control of residential real estate, whether as a legal or
equitable owner of residential real estate or as a managing agent or otherwise, shall knowingly permit by
his or her gross carelessness or neglect, the physical condition or facilities of the residential real estate to
become or remain so deteriorated that the health, welfare or safety of any inhabitant or other person is
endangered or otherwise adversely affected thereby.
Secs. 11-210-11-215 (Reserved)
DIVISION 6. ENFORCEMENT
Sec. 11-216. The Building Officer shall enforce the provisions of this Article, and in connection
therewith, he shall possess all of the enforcement powers and authority conferred upon him by Chapter 7
of this Code.
DIVISION 7. EMERGENCIES
Sec. 11-217. Whenever in the opinion of the Mayor or the Building Enforcement Officer, because of the
condition of the premises, immediate action is required to protect the public health, safety, or welfare, an
emergency order may be issued by the Mayor or the Building Enforcement Officer to order and require
the occupants to vacate the same forthwith, to prohibit any person from going thereon except for the
purpose of correcting or abating the emergency, and to employ the necessary labor and materials to
correct or abate the condition which gave rise to the emergency as expeditiously as possible. The costs
incurred by the City in correcting or abating such condition shall be charged against such land as a lien
by filing a Notice of Claim of Lien in the Office of the McHenry County Recorder of Deeds and such
costs may also be recovered in a suit at law against the owner of said premises, together with attorneys
fees and costs incurred by the City in such litigation.
Sec. 11-218. Penalty. Any person firm or corporation violating any provision of this Article shall be
fined not less than $25.00 nor more than $500.00 for each offense committed on each day during, or on
which, a violation occurs or continues.
Sec. 11-219. Reserved.
ARTICLE VII.
LEAF PICK-UP SERVICE
(MC-90-538)
Sec. 11-220. Fall leaf pick-up service.
The City will provide a vacuum leaf pick-up service for single family residence and duplex properties
located within the City, during the fall season of the year on dates and at times to be announced by the
City.
Sec. 11-221. Curbline or road -line collection. (MC-04-842)
Piled leaves shall be placed for vacuum pick-up in the parkway or within four feet of the road -line or
curbline of the premises making such placement.
Sec. 11-222. Curbside yardwaste collection.
The City will provide a curbside yardwaste collection service for single family residence and duplex
properties located within the City on dates and times to be announced by the City.
Sec. 11-223. Unlawful contents; intent presumed.
It shall be unlawful for any person to place a yardwaste collection bag or container at curbside for
pick-up containing any garbage, trash, refuse or other waste materials. It shall be presumed that the
contents of the yardwaste collection bags or containers were known to and authorized by the Owner or
Occupant of the premises from which said bags or containers were deposited for pick-up.
Sec. 11-224. Rejection of pick-up.
No yardwaste pick-up will be made by the City if:
a) the yardwaste is not contained in Kraft paper bags or other container to which is affixed the
appropriate yardwaste pickup sticker; or
b) such Kraft paper bag or container contains something other than yardwaste or leaves.
Rejected bags or containers shall be immediately removed by the Owner or Occupant of the premises
from which the pick-up was offered.
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 10`h day of September, 2007.
Voting Aye: SANTI, GLAB, SCHAEFER, MURGATOYD, WIMMER, PETERSON, CONDON
Voting Nay: NONE
Not Voting: NONE
Absent: NONE
Abstain: NONE
APPROVED:
r,
Mayor
(SEAL)
ATTEST: l
Cit Clerl