HomeMy WebLinkAboutOrdinances - MC-86-362 - 07/02/1986 - Ch 11 HOusing Maintenance and Occupancy CodeORDINANCE NO.MC-86-362
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Chapter 11 of the Municipal Code, City of
McHenry, Illinois be and the same is hereby amended by
adding thereto the following provision as and for Article
VI thereof:
ARTICLE VI. HOUSING MAINTENANCE AND OCCUPANCY CODE
DIVISION 1. GENERAL PROVISIONS
11=135 Legislative Finding. It is hereby found
that there exist 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.
11-136 Purposes. It is hereby declared that -the
purpose of this ordinance 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 ordinance 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.
11-137 S c o p e. The provisions of this ordinance
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.
11-138 Title. This ordinance shall be known and
may be cited as the Housing Maintenance and Occupancy
Code of the City of McHenry, hereinafter referred to
as "this ordinance".
DIVISION 2. DEFINITIONS
The following definitions shall apply in the
interpretation and enforcement of this ordinance:
11-139 Approved shall mean approved by the local
or state authority having such administrative
authority.
11-140 Ashes shall mean the residue from the
burning of combustible materials.
11-141 Building shall mean a fixed construction
with walls, foundation and roof, such as a house,
factory, garage, etc.
11-142 Bulk Container shall mean any metal
garbage, rubbish, and/or refuse container having a
capacity of two ( 2 ) cubic yards or greater and which
is equipped with fittings for hydraulic and/or
mechanical emptying, unloading and/or removal.
11-143 Dilapidated shall mean no longer adequate
for the purpose of use for which it was originally
intended.
11-144 Dormitory shall mean a bui lding or a
group of rooms in a building used for institutional
living and sleeping purposes by four (4) or more
persons.
11-145 Dwel I ing shall mean any enclosed space
wholly or part I y 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.
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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.
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.
11-148 Garbage shall mean the animal and
vegetable waste resulting from the handling,
preparation, cooking, serving, and nonconsumption of
food. (See refuse, rubbish)
11-149 Guest shall mean an individual who shares
a dwelling unit in a non -permanent status for not more
than thirty (30) days.
11-150 Infestation shall mean the presence
within or around a dwelling of any insects, rodents or
other pests.
11 -151 Lead -based Paint sha11 mean any paint
containing more lead 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.
11-152 Meaning of Certain Words. Whenever the
words "dwelling", "dwelling unit," "rooming units,"
"Premises," "structure" are used in the Ordinance,
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.
11-153 Multiple Dwelling shall mean any dwelling
containing two (2) or more dwelling units.
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.
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11-155 Owner shall mean any person who, alone or
jointTy 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
Ordinance and of rules and regulations adopted
pursuant thereto, to the same extent as if he were the
owner.
11-156 Person shall mean and include any
individual, firm, corporation, association,
partnership, cooperative or governmental agency.
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.
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
nondwelling structure, and includes any such building,
accessory structure or other structure thereon.
11-159 Properly Connected shall mean connected
in accordance with all applicable code and ordinances
of the City of McHenry provided, however, that t:he
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.
11-160 Refuse shall mean all putrescible and
nonputrescible solids (except body wastes), including
garbage, rubbish, ashes, and dead animals.
11-161 Refuse Container shall mean a watertight
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
f itting.
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11-162 Rodent Harborage shall mean any
conditions or place where rodents live, nest or seek
shelter.
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.
11-164 Rooming
House shall
mean any
dwelling
other than a hotel
or motel or
that part
of any
dwelling, containing
one ( 1 ) or
more rooming
units,
and/or one (1) or more
dormitory
rooms and
in which
persons either individually
or as
families are housed
with or without meals
being provided.
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.
11-166 Rubbish shall mean nonputrescible solid
wastes (excluding ashes) consisting of either:
(a) combustible wastes such as paper,
cardboard, plastic containers, yard clippings, and
wood; or
(b) noncombustible wastes such as metal
cans, glass, and crockery.
11-167 Safety shall mean the condition of being
reasonably free from danger and hazards which may
cause accidents or diseases.
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.
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11-169 Toxic Substances shall mean any chemical
product applied on the surface of or incorporated into
any structural or decorative material whiich
constitutes a potential hazard to human health at
acute or chronic exposure levels.
11-170 Undefined Words. Words not specifically
defined in this Ordinance shall have the common
definition set forth in a standard dictionary.
11-171 - 11-175 (Reserved)
DIVISION 3. RESPONSIBILITIES OF OWNERS AND
nMIPANTS
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, t:he
County of McHenry and the City of McHenry.
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.
11-178. Every occupant of a dwelling or dwelliing
unit shall maintain in a clean and sanitary condition
that part of the dwelling, dwelling unit and premises
thereof that he occupies and controls.
11-179. Every occupant of a dwelling or dwel 1 iing
unit shall store and dispose of all his rubbish in a
clean, sanitary and safe manner.
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. Plastic bags may be used as
garbage and refuse container liners, but shall not be
used without the container for on -site storage of
garbage or refuse.
M
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.
11-182. Every owner of a dwelling containing
three (3) 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 (2) family dwellings it
shall be the responsibility of each occupant to
furnish such facilities or refuse containers.
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 (2) or more units of the
dwelling, or in the shared or public parts of any
dwelling containing two (2) or more dwelling units,
extermination thereof shall be the responsibility of
the owner.
11-184. No occupant of a dwelling or dwel ling
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.
11-185. No owner of a dwelling containing three
(3) 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.
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.
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,
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bathrooms, water closet compartments, recreation
rooms, laundries and communicating corridors
immediately adjacent to a dwelling unit at a distance
of thirty-six (36) inches above the floor level. A
minimum temperature of 650 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 ordinance), 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.
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.
11-189 - 11-190(Reserved)
DIVISON 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:
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 cookingequipment 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 0 C ) but more
than 320F (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.
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 wager
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.
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.
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 waiter
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.
11-19 5 - 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
for occupancy any dwelling
purpose of living therein,
the following requirements:
as owner or let to another
or dwelling unit, for the
which does not comply with
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.
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.
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 half (112) inch di ameter or
more opening, shall be rodent -proofed in an
approved manner if they are within forty-eight
(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 wi l l effectively prevent the entranice
of rodents into the structure.
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(c) A11 sewers, pipes, drains or
conduits and openings around such pipes and
conduits shall be constructed to prevent t:he
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 t:he
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 exteror
walls of the structure.
(f) Any materials used for
rodent -proofing shall be acceptable to the
Building Enforcement Officer.
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:.
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.
11-206. Every plumbing fixture and all water and
waste pipes shall be properly installed and maintained
in good sanitary working condition.
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.
11-208. No owner, operator or occupant shall
cause any service, facility, equipment or utility
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which is required under this ordinance 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.
11 -209 - 11-215 (Reserved)
DIVISION 6. ENFORCEMENT
11-216. The Building Officer shall enforce the
provisions of this Ordinance, and in connection
therewith, he shall possess all of the enforcement
powers and authority conferred upon him by Chapter 7
of the Municipal Code, City of McHenry, Illinois.
DIVISON 7. EMERGENCIES
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 McHeri'ry
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.
SECTION 2. Any person, firm or corporation violating
any provision of this ordinance shall be fined not IE!ss
than Twenty Five Dollars ($25.00) nor more than Five
Hundred Dollars ($500.00) for each offense committed on
each day during, or on which, a violation occurs or
continues.
SECTION 3. All ordinances, or parts thereof, in
conflict with the terms and provisions hereof are hereby
repealed to the extent of such conflict.
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SECTION 4. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 5. This ordinance shall be in full force and
effect from and after its passage, approval and publication
in pamphlet form, as provided by law.
PASSED this 2nd day of July , 1986.
AYES: Bolger, Lieder, McClatchey, Nolan, Serritella, Smith, Snell, Teta
NAYS : None
ABSTAINED: None
ABSENT: None
NOT VOTING: None
APPROVED this 2nd day of
ATTEST:
CITY CLERK
July , 1986.