HomeMy WebLinkAboutOrdinances - MC-88-440 - 03/16/1988 - SCO Health Dept CertificateORDINANCE NO. MC-88-440
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS:
SECTION 1. Section VIC(6) of the Subdivision Control
Ordinance of the City of McHenry, Illinois, be and the same
is hereby amended by adding thereto the following additional
certificate requirement to accompany the final plat:
" 1 . MCHENRY COUNTY HEALTH DEPARTMENT CERTIFICATE.
Where any part of the platted land will not be served
by a public sewer system, the plat shall contain the
following certificate, duly executed by the McHenry
County Health Department:
STATE OF ILLINOIS )
SS.
COUNTY OF MCHENRY )
The disposal of sewage into a private sewer system is
hereby approved as to any part of the platted land that
will not be served by a public sewer system, this
day of , 19 on
McHenry County Health Dept.
SECTION 2. Section VIB of the Subdivision Control
Ordinance of the City of McHenry, Illinois, be and the same
is hereby amended by adding thereto the following additional
subparagraph:
N . MCHENRY COUNTY HEALTH DEPARTMENT CERTIFICATE: The
McHenry County Health Department Certificate as
required under Section VIC(6) shall also be furnished
simultaneously with the preliminary plat."
SECTION 3. Any person, firm or corporation violating
any provision of this ordinance shall be fined not less 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 4. All ordinances, or parts thereof, in
conflict with the terms. and provisions hereof, be and the
same are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall be published in
pamphlet form by and under the authority of the corporate
authorities of the City of McHenry, Illinois.
SECTION 6. 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 16thday of March , 1988.
AYES: Bolger, Nolan, Lieder, Teta, Smith, Patterson, Serritella.
NAYS: None.
ABSTAINED: None.
ABSENT: McCI atchey.
NOT VOTING: None.
APPROVED this 16th day of March 1988.
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ATTEST:
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BERNARD V. NARUSIS
REGINA F. NARUSIS
COLIN D. HACKEEKII?
COPY
March 8, 1988
312 - 639-66,6
t.CEIVED
91,188
Mayor and City Council
McHenry City Hall CITY OF WHENRY
1111 North Green Street
McHenry, IL 60050
Re: County Health Department Approval of
Subdivision Plats
Greetings:
You will recall that the recent amendment of the Plat
Act which required a road access certificate as part of the
subdivision process also provides that a municipality may
not approve a plat of subdivision if any part of the platted
land will not be served by a public sewer system, unless the
local health department first approves the proposed
subdivision in writing.
Because the statutory term "local health department" is
ambiguous, I asked the McHenry County Recorder of Deeds to
obtain an opinion from the Mchenry County State's Attorneys
office for a definition of the term "local health
department." Specifically, I wanted to know if the McHenry
County Recorder of Deeds would record a final plat of
subdivision of territory located within the municipality
without some written approval by the McHenry County Health
Department in those subdivision cases where the platted land
will not be served by the public sewer system.
I enclose herewith a photocopy of the McHenry County
State's Attorneys response to the McHenry County Recorder of
Deeds. on the basis of that letter, the McHenry County
Recorder of Deeds will require a written approval by the
McHenry County Health Department of any final plat where any
part of the subdivided property will not be served by a
public sewer system.
J
Mayor and City Council
Re: County Health Department Approval of
Subdivision Plats
March 8, 1988
Page Two
Accordingly, I have prepared a proposed amendment to
the Subdivision Control Ordinance, which is enclosed
herewith for your consideration and action.
If you have any questions, please advise.
Sincerely,
Bernard V. Narusis
BVN/mks
Enclosure
FIRST ASSISTANT
MICHAEL VUJCVICH
CRIMINAL DIVISION
GARY W PACK CHIEF
M►CHELLE G WIEJACZ A
DOLORES A DUFFY
MICHAEL J EVANS
MICHAEL M GRANDI
ROBERT M PERBOHNER
R GLENN GABLE
G TERENCE NADER
DAVID N RECHENBERG
THE STATES ATTORNEY
OF M,;HENRY COUNTY
THOMAS F OMER STATE S ATTORNEY
McHENRY COUNTY GOVERNMENT CENTER
2200 NORTH SEMINARY AVENUE
WOOOSTOCK ILL 60098
815 � 338 2040
815.! 338 2069
March 4, 1988
Phyllis Walters
Recorder of Deeds
McHenry County Government Center
2200 North Seminary Avenue
Woodstock, Illinois 60098
CIM DIVISION
PAUL R RYSKE CHIEF
CAIVIO N STONE
MARY KAY SCHICK
INVESTIGATOR
ERT T HROOEY
0
0
Re: Definition of 'local health department'
Dear Phyllis:
I have received your letter of February 26, 1988 asking for
the definition of "local health department' as it is referred to in
the Plat Statute. This letter should serve to clarify the problem
for you.
Public Act No. 85-500, dealing with plats, provides hatithe
County Board may not approve a plat unless it has been approved
writing by the 'local health department', if one exists. You have
asked whether municipalities such as McHenry, Oakwood Hills and Cary
must obtain health department approval prior to accepting a plat.
This determination depends on the definition of the term 'local
health department'.
'Locality", as defined in the Public Health Act, means "any
governmental agency which exercises power pertaining to public areas
less than the State'. The McHenry County Health Department falls
under this locality definition because it exercises power in the
county, which is smaller than the State of Illinois. The question
therefore remains, in what area of McHenry County does the county
health department have authority to act?
The jurisdiction of each county health department is clearly
set forth in the Public Health and Safety Act:
Page Two
Phyllis Walters
Each county and multiple county health department
has jurisdiction for the purposes of this Act
throughout the entire county or multiple counties,
except within:
1. Any public health district organized under
'An Act to authorize the organization of
public health districts and for the
establishment and maintenance of a health
department for the same', filed June 26,
1917, as amended;
2. Any city, village of incorporated town or
combination thereof of less than 500,000
inhabitants which city, village, incorporated
town or combination thereof or public health
district maintains a local health department
and employs a full-time health officer and other
professional possessing such qualifications as
may be prescribed by the State Department of
Public Health.
Ill. Rev. Stat. 1987, Ch. 111 1/2, Par. 2008.
Pursuant to paragraph 20082, the county health department has
authority over municipalities unless they have a separate department
or professional employee. Because the county health department has
authority over these areas, it is the local health department.
Please contact me if you have any further questions on this
matter.
Very truly yours,
.11j Ar7 v4A�
KARY KAY SCHICE
Assistant State's Attorney
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