Bolingbrook — Ch. 26 Housing Standards and Property Maintenance § 26-21

The following sections of the international property maintenance code are revised as follows: (1)
Pm-101.1 Title. These regulations shall be known as the property maintenance code of the village.
(2) Pm-103.1 General. The code enforcement department is hereby created, and the executive official in charge thereof shall be known as the code enforcement official.
(3) Pm-103.2 Delete.
(4) Pm-103.3 Delete.
(5) Pm-103.5 Fees and fines. The fees for activities performed by the department in carrying out its responsibilities and fines for violation of this article are as follows:
a. Pm-103.5.1 Rental inspections. A fee as provided in the village fee schedule shall be charged for each compliance inspection of an unoccupied single-family residence. A fee as provided in the village fee schedule shall be charged for each compliance inspection of an unoccupied apartment made prior to the issuance of a rent/lease permit, except where multiple unoccupied apartment inspections occur at the same time. For multiple unoccupied apartment inspections occurring at the same time, the fee shall be as provided in the village fee schedule.
The inspection fee for occupied residential units shall be twice the fee for unoccupied units.
In addition thereto, the owner or manager shall be charged as provided in the village fee schedule for each additional inspection required because the unit was not in compliance and for each "no show" inspection. However, there shall be no fee for an inspection of a unit scheduled within 12 months of the last paid and approved inspection.
b. Pm-103.5.2 Landlord license fee. The landlord license fee shall be as provided in the village fee schedule. The initial license fee shall be prorated on a monthly basis if the term of the initial license is for less than one year.
c. Pm-103.5.3 Violation penalties. Except as otherwise provided in section 103.5.4, the fine for violation of any provision of this article during any 12-month period shall be as follows:
1st offense | $100.00
2nd offense | $250.00
3rd offense | $500.00
4th and subsequent offenses | $1,000.00
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
d. Pm-103.5.4 Public nuisance fine. See chapter 34 , article III.
e. Pm-103.5.5. Delete entire subsection.
(6) Pm-106.4 Violation penalties. The penalty for violation of any provision of this code shall be $75.00, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(7) Pm-108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy and is not in danger of structural collapse, the code official, after receiving approval from a supervisor, the building commissioner and the mayor (or village attorney), is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(8) Pm-108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the words "not approved for occupancy" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard.
(9) Pm-108.4.1. The code official shall remove the placard when the defects upon which the placarding action was based have been eliminated. Any person who defaces or removes a placard without the approval of the code official shall be subject to the penalties provided by this code.
(10) Pm-108.5 Prohibited occupancy. Any occupied structure placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code.
(11) Pm-109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or defective or dangerous equipment, the code official, after receiving approval from a supervisor, the building commissioner and the mayor (or village attorney), is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "this structure is unsafe and its occupancy has been prohibited by the code official." It is unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same.
(12) Pm-109.2 Temporary safeguards. Notwithstanding other provisions of this code, when, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official may order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe, whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.
(13) Pm-109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible after having received approval from a supervisor.
(14) Pm-109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in chapter 2 , article V, division 11 .
(15) Pm-110.5 State law. All orders for demolition shall be subject to and shall comply with 65 ILCS 5/11-31-1 et seq.
(16) Pm-111 Means of appeal. Consisting of subsections 111.1 through 111.8: hereby deleted in its entirety.
(17) Pm-301.3 Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety.
(18) Pm-301.3.1 Vacant dwelling report required. (addition). All owners or managers of vacant property must submit to the village development services department, within five days from vacation of such property, a vacant dwelling report, which shall contain the following information:
A. Address of dwelling;
B. Owner of dwelling;
C. Titleholder of property or mortgage company;
D. Responsible party and telephone number; and
E. Reason for vacancy.
(19) Pm-302.1.1 Shared area and facilities. (addition). Maintain in a clean, sanitary and safe condition the shared or public areas of the dwelling and premises, including parkways, and maintain and repair any equipment or facilities which the owner of operator supplied or is required by this article to supply.
(20) Pm-302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice violation, they shall be subject to prosecution in accordance with section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
(21) Pm-302.7 Accessory structures. All accessory structures, including treehouses, playhouses, detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(22) Pm-302.8. Delete.
(23) Pm-304.3 Premises identification. All principal structures shall be supplied with permanent numerals or letters, not less than three inches in height, for the purpose of identifying the structure. Such numerals or letters shall be visible from a street, whether public or private, upon which the premises abuts. Such numerals or letters shall be affixed to the main entrance thereof, when possible. Such numerals or letters shall be maintained so as to be reasonably visible to police, fire and other emergency personnel.
(24) Pm-304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
(25) Pm-308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. Single occupancy-attached: when two or more units have infestation, the owners of each unit and the association representing the owners in the structure shall be responsible for extermination of all units in the block of units in the structure.
(26) Pm-404.4.4 Prohibited occupancy. No space other than a bedroom may be used for regular sleeping purposes. Bedrooms in basements having an average finished floor elevation more than four feet (48 inches) below the average outside grade are prohibited. Basement bedrooms shall meet the applicable standards for a habitable area and sleeping area to be allowed.
(27) Pm-404.4.6 Prohibited sleeping area. Prohibited sleeping areas are defined as kitchens, and other non-habitable areas, as well as living rooms, dining rooms and other rooms which are not designated or qualified as bedrooms, as defined and qualified herein, which shall not be used for regular sleeping purposes.
(28) Pm-404.4.7 Bedroom. For the purposes of this code, the term "bedroom" shall be defined as a segregated and separate room or space used or intended to be used for regular sleeping purposes and delineated by four fixed walls and a door containing a minimum of at least 70 square feet of floor area for a single occupant and at least 50 square feet of floor area for each additional occupant. Exception: studio apartments.
(29) Pm-404.5. Dwelling units shall not be occupied by more than the number permitted by the minimum area requirements of table 404.5 herein below.
Table 404.5 Minimum area requirements
Space | Minimum area in square feet
1-2 occupants | 3-5 occupants | 6 or more occupants
Living room a, b | No requirements | 120 | 150
Dining room a, b | No requirements | 80 | 100
Bedrooms | Shall comply with section 404.4
a. See section 404.5.2 for combined living room/dining room spaces.
b. See section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes.
(30) Pm-404.5.1 Sleeping area. The minimum occupancy area required by table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall comply with section 404.4.
(31) Pm-404.5.2. Combined living room and dining room spaces shall comply with the requirements of table 404.5 if the total area is equal to that required for separate rooms if the space is located so as to function as a combination living room/dining room.
(32) Pm-502.2. Delete text. See the definition of rooming house in the village zoning ordinance.
(33) Pm-602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units, rooming units, dormitory or guest rooms on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 through May 31 to maintain a temperature of not less than 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms, bathrooms, and toilet rooms.
Exceptions: 1.
When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in appendix d of the International Plumbing Code.
2. In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 degrees Celsius), a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) shall be maintained.
(34) Pm-602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 31 to maintain a temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.
Exceptions: 1.
Processing, storage and operation areas that require cooling or special temperature conditions.
2. Areas in which persons are primarily engaged in vigorous physical activities.