HomeMy WebLinkAboutOrdinances - MC-17-1152 - 09/05/2017 - CHPT 2.25 DEFENSES TO BUILDING CODE VIOLATIONORDINANCE NO. MC-17-1152
An Ordinance Amending Chapter 2.25, Administrative Adjudication, Section 2.25-9,
Defenses to a Building Code Violation, of the City of McHenry's Municipal Code
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Chapter 2.25, Administrative Adjudication, Section 2.25-9, Defenses to a
Building Code Violation, shall be amended as follows:
Sec. 2.25-9 Defenses to a building code violation.
Except for violations of Article VIII in Chapter 7, International Property Maintenance Code,
of this Code, as amended, it shall be a defense to a building code violation charged if the
owner, his attorney or any other agent or representative proves to the Administrative Law
Judge's satisfaction that:
(A) The building code violation has been caused by the current property occupants and, in
spite of reasonable attempts by the owner to maintain the dwelling free of such
violation, including filing civil action to evict current occupants, the current occupants
continue to cause the violation;
(B) An occupant or resident of the dwelling has refused entry to the owner or his agent to all
or part of the dwelling for the purpose of correcting the building code violation.
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 invalid, such judgment
shall not affect, impair, 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SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to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.
Building Code Violations, Page 1
Voting Aye: CONDON, DEVINE, MIHEVC, SCHAEFER, CURRY, GLAB, SANTI
Voting Nay: NONE
Absent: NONE
Abstain: NONE
APPROVED:
An. Y
ay W e Jett
ATTEST:
C Cle Lynzi Nevitt
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Building Code Violations, Page 2