Waukegan — Ch. 6 Art. V Housing § 6-178

Except as otherwise provided in this section, the code adopted by this article is hereby amended by substituting the following sections or subsections with corresponding numbers in such code, or, where there is no corresponding section in such code, the following sections or subsections shall be enacted as additions to such code:
101.1 Title. These regulations shall be known as the International Maintenance and Housing Code of the City of Waukegan, Illinois, hereinafter referred to as the property maintenance structures code, the housing code or this code.
Delete and replace Section 108 with:
108 Code Enforcement and Appeals Board. There is hereby created the Code Enforcement and Appeals Board, which shall have the following powers and authority, and which shall consist of the members, all set forth below.
108.1 Application for Appeal. Any person affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Code Enforcement and Appeals Board, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Code do not fully apply, or the requirements of this Code are adequately satisfied by other means.
108.2 Membership of the Board. The Code Enforcement and Appeals Board shall consist of the following individuals: 1.
The Building Commissioner;
2. The Police Chief, or their designee;
3. The City of Waukegan Fire Marshal;
4. The Director of Planning & Zoning, or their designee;
5. The Community Block Development Grant Director, or their designee;
6. The Director of Public Works, or their designee; and
7. The Code Compliance Supervisor.
108.2.2 Chairman. The Building Commissioner/Code Official shall serve as Chairman of the Board. In cases where the matter before the Board is an appeal from a decision of the Building Commissioner/Code Official, he shall temporarily step down as Chairman, and another member of the Board shall be appointed by the Board to serve as Chairman pro tempore during consideration of the appeal. The Building Commissioner/Code Official shall not vote on appeals from decision he has rendered.
108.2.3 Disqualification of Member. A member shall not hear any case in which that member has any personal, professional or financial interest.
108.2.4 Secretary. The Building Commissioner shall designate a qualified individual to serve as secretary to the Board. The secretary shall file a detailed record of all proceedings in the office of the Building Commissioner.
108.3 Call of Meeting. The Board shall meet upon the call of the Chairman, either after the filing of a timely appeal by an aggrieved property owner/occupant, or upon the request of any code enforcement officer, if the Chairman deems his case to be a matter for the Board, or at the request of any Board member or other City official who wishes to discuss a particular property which is affected by this Code. Due notice shall be given to property owners and others whose matters are to be taken up at a specific Board meeting.
108.4 Opportunity to be Heard. All meetings of the Board shall be open to the public. The affected property owners/occupants, their representatives, and any other persons whose interests are affected, as well as the code officials with knowledge of the particular case, shall be given an opportunity to be heard.
108.5 Powers of the Board. The Board shall have the following powers, along with such other powers as may from time to time be conferred upon it by the corporate authorities of the City of Waukegan: 1.
To review the condition of any property not fully in compliance with this Code, and issue an Order for Compliance.
2. To direct the Legal Representative to file appropriate court documents or take other legal action with regard to properties not in compliance with this Code.
3. To allow an affected property owner/occupant additional time to comply with the provisions of this Code.
4. To carry out any responsibilities implicitly or explicitly granted to it under the terms and provisions of this Code.
5. Board decision: A simple majority of a quorum of the Board members shall be sufficient to render binding decisions.
108.6 Minutes: All decisions and votes of the Board shall be recorded by the secretary in the minutes.
108.7 Court review: Any person aggrieved by decisions of the Board shall have the right to take Administrative Review of the decision in the Circuit Court. Application for such review shall be in the manner and time required by law following the rendering of the decision by the Board.
109.4 Penalty. Any person, firm, or corporation, who shall violate any provision of this Code, or fail to comply therewith, or with any of the requirements thereof, shall, upon conviction thereof, be shall be guilty of a misdemeanor offense punishable by a fine of not less than $25.00 nor more than $750.00 or by imprisonment not exceeding thirty (30) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
109.5 Costs of Emergency Repairs. (add following to the end of the existing paragraph) … and/or shall file a lien against the subject premises for the costs incurred.
110.3 Failure to Comply. (add following to the end of the existing paragraph) …, and said cost shall accrue interest at the rate of ten per cent (10%) per annum.
111.2 Closing of vacant structures. (add the following sentence at the end of existing Section 111.2) Boarding up a structure is considered a temporary measure until a decision can be made as to what remedy the owner wants to pursue as provided in this section; but cannot exceed six (6) months unless an additional up to six months' extension is granted in writing by the building official. In no event may a structure be boarded up in excess of twelve (12) months. Any structure boarded up in excess of six months (or in excess of twelve months, if the building official has given his written approval for an extension), shall be considered abandoned, and a public nuisance, and the City may pursue whatever action is afforded to it under this Code, other appropriate ordinances and State statutes, to cause the abatement of the said public nuisance.
202 General Definitions (add the following definition) Attic: The space between the ceiling beams of the top story and the roof rafters, habitable only if the ceiling height meets the requirements contained in Section 404.3 regarding ceiling heights.
Rooming House: (delete existing definition, and replace with the following): A residential building, other than a motel, apartment hotel, hotel, or bed and breakfast establishment as those are defined in the Zoning Code of the City of Waukegan, containing lodging rooms which accommodate persons who are not members of the keeper's or owner's family. Said lodging rooms contain no facilities for cooking, dining, food storage, or food preparation. Lodging with or without meals is provided for compensation on a weekly or monthly basis.
302.4 is amended to read: All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight (8) 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, that this term shall not include cultivated flowers or gardens.
Upon failure of the owner or agent having charge of the property to cut and destroy weeds, after service of a notice of violation, they shall be subject to prosecution in accordance with Section 109.4 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the City of Waukegan or contractor hired by the City of Waukegan 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.
302.7 Accessory Structures. (add following to the end of the existing paragraph): …, free of insects and rats. 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.
304.3 is amended by adding the following sentence: "Following written notice of a change or assignment of a new address to a property, approved address numbers shall be replaced within fourteen days."
304.10 Stairways, decks, porches and balconies. (add the following to the end of the existing paragraph): …, and shall be constructed and maintained in accordance with this Code and the Waukegan Building Code, and any other applicable codes as adopted by the corporate authorities of the City of Waukegan.
304.11 Chimneys and Towers. (add the following to end of the existing paragraph): …, and shall be constructed and installed in conformance with the appropriate statutes, ordinances, and regulations of the State of Illinois and the City of Waukegan.
304.14 is amended by deleting the period for compliance "During the period from [Date] to [Date]".
304.15 Doors. (add following to end of the existing paragraph): … Locks which can be secured from the exterior which cannot be unlocked from the interior are expressly prohibited.
305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in sanitary condition. Every occupant shall keep that part of the structure which such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure shall maintain the interior thereof and all equipment therein in full compliance with Sections 305.1 through 305.9 of this Section of the Waukegan Property Maintenance and Housing Code, in addition to any other responsibilities imposed upon property owners by this Code, and said owners shall also keep any such premises in compliance with all other Sections of this Code which concern the interiors of structures or equipment therein unless otherwise expressly provided. Additionally, every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
305.4 Stairs and walking surfaces. (add following to the end of the existing paragraph): …, and shall have uniform risers and treads.
Add Section 305.7 Free from Dampness. In every building, cellars, basements, and crawl spaces shall be maintained reasonably free from dampness so as to prevent conditions conducive to decay or deterioration of the structure as required by the City of Waukegan Building Code.
Add Section 305.8 Bathroom and Kitchen Floors. Every water closet compartment, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water to prevent leaking into rooms adjacent or not and so as to permit such floor to be easily kept in a clean and sanitary condition.
308.1 Accumulation of litter, rubbish or garbage. Replace text with the following: All exterior property and premises, and the interior of every structure, shall be free from accumulation of litter, rubbish, garbage and excessive storage or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed or which create a fire hazard.
308.2.1 Rubbish Storage Facilities. The owner of every occupied premises shall supply approved covered containers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. Owners of premises which contain five (5) or more units shall provide and maintain an approved garbage dumpster for rubbish.
308.3 is amended by adding Section 308.3.3:
308.3.3 Garbage Enclosures. Every multi-unit building of four (4) or more units shall have an approved dumpster enclosure which meets the standards set forth in the Building Code.
404.4.4 Prohibited occupancy. Kitchens, non-habitable spaces and interior public areas shall not be occupied for sleeping purposes. Basement areas used for sleeping purposes shall have at least one operable window or exterior door approved for emergency egress or rescue, in addition to any interior stairs leading to the upper floors of the building. In the case of operable windows, the sill height of such window shall not be more than 44 inches above the floor and the window shall have a clear opening of not less than 36 inches in height by 24 inches in width. Floors and walls of basement areas shall be watertight and insulated so as to prevent entry of moisture, and all basement dwelling areas shall comply with the required clear ceiling height set forth in 404.3. Basement sleeping areas shall in all respects comply with the applicable codes of the City of Waukegan. Any person, firm, or corporation, who shall violate this Section, or fail to comply therewith, or with any of the requirements thereof, shall, upon conviction thereof, be shall be guilty of a misdemeanor offense punishable by a fine of not less than $250.00 nor more than $750.00.
404.7 Food Preparation. (add to the end of the existing paragraph): …, and shall be equipped with the following: 1.
A kitchen sink in good working condition and properly connected to a water supply system which meets appropriate City codes and which provides at all times an adequate supply of heated and unheated running water pressure, and which is connected to a sewer system approved by the City Engineer.
2. 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 safekeeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be of sound construction and furnished with surfaces that are easily cleanable and that will not impart any toxic or harmful effect to food.
3. A stove, or similar device, for cooking food, and a refrigerator, or similar device, for the safe storage of food at temperatures less than 45 degrees Fahrenheit, but more than 32 degrees Fahrenheit under ordinary maximum summer conditions, which are properly installed with all necessary connections for safe, sanitary, and efficient operation; provided that that such stove, refrigerator, and/or similar devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on occupancy, and also provided that sufficient space and adequate connections for the safe and efficient installation and operation of said stove, refrigerator, and/or similar devices are provided.
4. Every kitchen shall contain not less than three (3) duplex outlets.
505.4 Water Heating Facilities. Delete the following phrase: "unless adequate combustion air is provided."
602.2 Residential occupancies: Delete the Exception.
602.3 Heat Supply: Every owner and operator of any building who rents, leases, or lets one or more dwelling units shall supply sufficient heat during the period from September 1 through June 15 of each year to maintain the following room temperatures: from 7:30 a.m. to 10:30 p.m., 68 degrees F; and from 10:30 p.m. to 7:30 a.m., 65 degrees F. The Building Official is hereby authorized, in cases whereby tenants are adversely affected by the failure of an owner or operator of a building to comply with the terms of this paragraph, such that an emergency results, to relocate the said tenants on a short-term emergency basis, through the Red Cross, Catholic Charities, or some similar relief agency, all at the expense of the said owner or operator.
602.3 Heat Supply. Delete Exceptions.
602.4 Nonresidential structures: Delete phrase "from date to date" and "65 degrees F" and insert "68 degrees F".
603.3 Clearances. (add to the end of the existing paragraph) "Flues shall not be installed under a stairway."
605.2 Receptacles. (insert after first sentence) "…, and not less than one switched ceiling or wall-type electric light fixture, or one switched duplex outlet. Required switches shall be conveniently located at the entry to the habitable room."
704.1.1 Automatic sprinkler systems. (add to the end of the existing paragraph) "Sprinkler heads shall be clean and free from corrosion, paint or damage. Stock or other obstructions shall be at least 18" (457 mm) below the sprinkler head deflectors."
704.1.3 Valves. Control valves shall be in the fully open position.
704.1.4 Piping. Sprinkler piping shall be properly supported and shall not support any other loads.
704.2 Residential fire suppression system: If not required to be fully protected by a complete automatic fire sprinkler system, every boiler, central heating plant or hot water supply boiler in a residential structure or occupancy shall be fitted with residential sprinkler heads, installed above such boiler or heating plant, and installed in accordance with all applicable codes of the City of Waukegan. Fire suppression systems shall be in proper operating condition at all times.
Add Chapter 9 Rooming Houses
CHAPTER 9 ROOMING HOUSES
901.0 General
901.1 Permitted Rooming Houses: Pursuant to Ordinance 81-O-180, passed September 29, 1981, by the City Council of the City of Waukegan, rooming houses were prohibited in the said City from that date forward. Rooming houses in existence on that date and continuing without cessation since that date are hereby declared legal nonconforming uses. Said legally existing rooming houses must comply with the requirements of this Chapter. If at any time the said use is discontinued for a period of one (1) year or more, or if the nonconforming premises is 50% or more destroyed by fire or other destruction, or if the legally nonconforming rooming house use is changed in any way, such use shall immediately cease, and the rooming house use shall not be renewed or continued. In addition, new rooming houses may be operated with a license as provided in this ordinance, only as a Conditional Use in the R5, R6, R7, and R8 Residence Districts as provided herein. At no time shall there be outstanding in the City of Waukegan in excess of twenty-five (25) licenses for rooming houses.
902.0 Licensing of the Operation of Rooming Houses:
902.1 License Required: Those rooming houses which are legally nonconforming pursuant to the requirements of Section 801.1 above, may not be operated unless the owner first obtains an operating license from the City Collector.
902.2 Inspection: In order to obtain such an operating license, the owner must make application with the City of Waukegan Building Department. Following the filing of such application, the property shall be inspected by all necessary departments and agencies of the City of Waukegan, including but not limited to, the Fire Prevention Bureau, Building Department, Code Enforcement, and any other applicable departments, to determine whether the property is in full compliance with all the requirements of this Ordinance, any applicable Fire Prevention and Life Safety Codes, and any other applicable codes and ordinances of the City of Waukegan. No license for operation of a rooming house under this Code shall be issued until such time as all applicable City of Waukegan codes and ordinances are complied with. No inspection shall be required for annual license renewals. If a licensee fails to comply with the requirements of this Code, or any other applicable Code requirements of the City of Waukegan during the license period, the license to operate a rooming house may be suspended or revoked. Such suspension or revocation may be appealed to the Development Review Board of the City of Waukegan, upon a filing of written appeal by the aggrieved party within three (3) business days of the suspension or revocation. The Development Review Board shall hold a hearing on a timely basis following the filing of such written appeal, shall take evidence from the aggrieved party and all other relevant parties and shall make its findings in writing to the person filing the appeal.
902.3 License Fee: No operating license shall be issued or renewed unless the completed application form is accompanied by payment of a license fee of $50.00 for a 3-rooming unit building, with an incremental increase in said fee by $5.00 for each additional rooming unit."