BUILDINGS AND BUILDING REGULATIONS
Art.
I General
Building Code, Secs. 8‑1 ‑ 8‑5
Art.
II Residential
Building Code, Secs. 8‑6 ‑ 8‑10
Art.
III Mechanical
Code, Secs. 8‑11 ‑ 8‑12
Art.
IV Gas Code,
Secs. 8‑13 ‑ 8‑15
Art. V Property Maintenance Code, Secs.
8‑16 ‑ 8‑20
Art. VI Plumbing Code, Secs. 8‑21
Art.
VII Electrical Installations, Secs. 8‑140
Art.
VIII
Div. l. Generally, Secs. 8‑35
‑ 8‑48
Div. 2. Registration of Electrical Contractors,
Secs. 8‑49 ‑ 8‑59
Div. 3. Permits, Secs. 8‑60 ‑ 8‑67
Div. 4. Standards of Electrical Design
Secs. 8‑68 ‑ 8‑109
Section 8-01. Adoption
of building code. That a certain document, a copy of which is
on file in the office of the Code Official of the City of Kankakee, being
marked and designated as the International Building Code, 2003 edition
(Excluding Appendices A through J) as published by the International Code
Council, be and is hereby adopted as the Building Code of the City of Kankakee,
in the State of Illinois, regulating and governing the conditions and
maintenance of all property, buildings and structures; by providing standards
for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation
and use; and, the condemnation of buildings and structures unfit for human
occupancy and use and the demolition of such structures as herein provided;
providing for the issuance of permits and collection of fees therefore; and
each and all of the regulations, provisions, penalties, citations and terms of
said Building Code on file in the office of the Code Official are hereby
referred to, adopted, and made a part hereof, as if fully set out in this
ordinance, with the additions, insertions, deletions and changes, if any,
prescribed herein.
Section 8-02. Revisions
to building code.
The following additions, insertions, deletions and changes are hereby made:
101.1 Title. These regulations
shall be known as the Building Code of the City of
Section 101.4.1 Electrical – Change “ICC Electrical Code” to “National
Electric Code”
Section 101.4.4 Plumbing - Change “International Plumbing Code” to “
Section 105.2 Work exempt from permit.
Building:
#1 Replace “120” with “60”.
#2 Delete entire sentence.
#3 Delete entire sentence.
#5 Delete entire sentence.
#6 Delete entire sentence.
R105.5 Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced within 30
days after its issuance, or if the work authorized on the site by such permit
is not completed within 180 days after issuance of the permit. The Building
Official or Authorized Building Inspector are authorized to grant one or more
extensions of time, for periods not to exceed 60 days each. The extension shall
be requested in writing and justifiable cause demonstrated.
Section
106.2.1 Grading Survey. At the time of
application for any new construction, the applicant shall furnish the City, a
plat of survey, signed and surveyed by an Illinois Licensed land Surveyor containing
and/or portraying the following information:
1. The elevation of and the four (4)
corners of the lot;
2. The footprint of the structure in
relation to all property lines;
3. Proposed elevation of top of
foundation and actual elevation of curb, if any;
4. All drainage swales and direction of
surface water flow on the property;
5. Location of all public utilities,
including telephone and electrical pedestals;
6. Utility service routing lines which
should be run parallel with and at least two (2) feet within side property line;
7. Proposed finished grade.
Section
106.2.2 Certification of Top of Foundation Wall Elevation. After installation of foundation, drain tile,
Damp-proofing and Back fill but before any further work, the applicant, shall submit
to the City, a current plat of survey certification from an Illinois Licensed
Surveyor that the Top of Foundation elevation and the structure footprint
conforms with all applicable City ordinances and an approved grading survey
with a tolerance of plus or minus six (6) inches from the top of foundation.
Section
106.2.3 Final Plat of Survey. Within four (4) months
after issuance of a Temporary Occupancy Certificate, the Building Permit
applicant shall deliver to the City, a current plat of survey signed by an
Illinois Licensed Surveyor or engineer.
1. Conforms to all applicable ordinances and regulations of the
City.
2. Conforms to all City approved final engineering plans and
specifications;
3. Conforms to the grading
survey showing grade contour lines, including the final grade.
Section
106.6 CERTIFICATION OF FINAL GRADE PRIOR TO ISSUANCE OF AN OCCUPANCY PERMIT
No building permit shall be issued for an
intended building unless the proposed drawings, earthwork and other
improvements are in conformance with the site development plan approved
previously as part of the application for a building permit.
Following completion of the building, and prior
to issuance of an occupancy permit, a final grading survey, as well as a Final
Grading Certification, shall be required after the lot has been final graded
and topsoil is in place. This survey shall be a topographic survey by a
registered land surveyor of the state of Illinois depicting final grade spot
elevations at all lot corners, at twenty-five (25) foot intervals along the
perimeter of the lot, and at all locations of spot elevations shown on the
approved grading plan. These elevations shall be referenced to U.S.G.S. datum.
A copy of the survey and the Final Grading
Certification shall be furnished to the City prior to occupancy permit being
issued.
Section
106.7 Review by City Engineer: In addition to complying
with all City and other requirements, no building permit shall be issued for
any commercial development or commercial property, or industrial development or
industrial property, until all of the proposed development plans have been
reviewed and approved by the City Engineer.
Section
107.2.1
108.2 Schedule of permit
fees. On buildings, structures, electrical, gas,
mechanical,
and plumbing systems or alterations requiring a permit, a fee for each
permit
shall be paid as required, in accordance with the following schedule:
Section 108.2.1 Schedule
of permit fees for
but not limited to: buildings,
structures, signs, electrical, gas, mechanical, and plumbing systems requiring
a permit, a fee for each permit shall be paid as required, in accordance with
the following schedule:
A. One
and two-family dwellings: Minimum fee of
$35.00 plus $10.00
per thousand (or 1%) of valuation of work. Maximum fee not to exceed
$5,000.00. Demolition
of a residential structure shall cost $50.00.
B. Structures classified with respect to
occupancy in groups listed in
Section
302.1 of the International Building Code:
Minimum fee of $100.00 plus $15.00 per thousand (or
1.5%) of valuation of work.
Demolition
of a commercial structure shall cost $150.00.
C. A $35.00 administrative fee for the cost
of processing and handling
of permit applications shall be charged to all
non-for-profit agencies,
groups, clubs and business filing for exemption through the
Zone.
D. Illuminated and non-illuminated
signs: Minimum fee of $50.00 plus
1% per square foot of signage.
E. Permits are all encompassing. Individual trade permits will not be issued
for new construction, renovations or additions.
F. Reinspection
or extra inspections needed or requested: $50.00
Section 108.2.2 Any work that affects
the property boundaries in any way requires a plat of survey and zoning
department approval.
Section 108.2.3 Valuation of work as
defined by 108.3 of the International Building Code shall include all trade
(plumbing, electrical and mechanical) costs.
Separate trade permits shall be required; if applicable, but no additional
permit fees will be charged if the proposed work is covered by a building
permit.
Section 108.2.4 Duty of
Building Permit Holder to Clean Work Site Each Day.
Any
person, firm or corporation who shall be issued a building permit for any work in
the city shall be responsible to insure that the work site is free of debris,
litter or any construction material or refuse at the end of each workday. Said person, firm or corporation shall
provide proper containers of a sufficient number on the construction site and
shall have trash collection by a duly licensed scavenger operator. Any person, firm or corporation who violates
any provision of this section shall be fined not less than One Hundred
($100.00) Dollars nor more than Seven Hundred Fifty ($750.00) Dollars for each
offense and when deemed necessary the building official will take such action
as may be necessary to effect a stop work order on specified work site until
there is compliance with the provisions of this section.
Section 112 Appeals
Section 112.1 General. Appeals of orders,
decisions or determinations of all authorized city staff and the Code Official
shall be subject to the following provisions;
Section 113.4 Violation
penalties. The
Violator shall be subject to a fine of not less than hundred ($100.00) Dollars
nor more than Seven Hundred Fifty ($750.00) Dollars for each day the violation
occurs.
602.1.2 Prohibited
Buildings.
The construction of
Section
708.2.1 Fire separation Requirements: All structures of Residential Group R shall be
constructed of concrete/ masonry material.
Interior walls thereof separating units or apartments shall be
constructed of non-combustible material and have a minimum of a two (2) hour
fire-resistance rating.
Section
708.3 Fire resistance rating. - Exception #2: Change (½ hour) to 1
(hour)
Section
710.3 Fire resistance rating. – Exception: Change (½ hour) to (1
hour)
Section
901.8 KNOX ELECTRONIC CUT OFF SWITCH: A Knox Model (KS-2P) pre-emptive cut off
switch is required in all buildings of all Use Groups with multiple electric panel
rooms or locations or in buildings with a service of 800 or more amps. The cut
off switch shall be located at the main front entrance or vestibule in which
the Knox Box is located or other approved location in accordance with the Fire
Department and Mounted not higher than 6 feet off the floor.
Section
903.2 Where (sprinklers) Required. “In all
construction Use Group’s, if the building area exceeds 5,000 square feet, an
approved sprinkler system shall be provided unless an area less than 5,000
square feet is specified for that grouping.”
Section
903.3.1 Standard:
MULTIPLE
Section
903.3.5:
WATER SUPPLY: The fire protection
system water supply shall be separate from the domestic water supply. Provide
separate lead-ins from the public water main.
Section
905.2.1 STORAGE HOSE VALVES: In all warehouse storage areas, where storage exceeds 12
feet high, provide inside 2 1/2 inch fire hose valves with 1 1/2 inch reducer
to a 1 1/2 inch connection with 100 feet of 1 1/2 inch hose and fog nozzle
shall be spaced at each door entrance to the warehouse and/or storage area. Provide
additional fire hose valves so that no portion of the warehouse and/or storage
area is more than 120 feet maximum travel distance to a fire hose valve. Show
the location of all obstructions and/or racks on the drawing.
The
fire hose valves system piping shall be:
a. A
separate piping system.
b. Hydraulically calculated for a minimum
of 250 gpm at 75 psi to the
most hydraulically remote fire hose valve
Section
907.2 Where required: (Fire alarm and Detection System) In new and remodeled /renovated building a
monitored automatic fire detection system shall be installed and maintained in
full operational condition in all use groups in this code.
Section
911.2 FIRE PUMPS: All fire pumps shall
have an outside test header. Provide an OS&Y gate valve on all fire pump
test headers. Provide a ball drip between the OS&Y control valve and the
outside test header. The test header shall have the minimum 2 1/2 foot test
valves required by NFPA 20.
Section 1402:1: FRONT
EXTERIOR WALL:
The vertical exterior wall, including the exterior wall surface, that faces the
front lot line of a property, or a lot line abutting a public or private street
right-of-way.
1404.1.1 Exterior front
walls.
The front exterior wall veneer of any new building or structure, including additions
to existing buildings or structures, classified with respect to occupancy in
one or more of the Groups listed in Section 302.1 (excluding Factory, High
hazard and Residential Groups F, H and R) shall be constructed, covered,
surfaced or faced, a minimum vertical distance of 3 feet as measured from
finished grade, with one or more of the materials listed below.
1. Wall construction materials shall
include, but are not limited to, brick masonry (calcium silicate, clay, shale
or concrete), stone (cast artificial or natural), structural glass or ceramics,
and precast or poured concrete.
2. Wall covering, surface or facing
materials shall include, but are not limited to, stone facing or slab type
veneers (precast artificial or natural), glass or
tile veneers, stucco or exterior cement plaster, cast-in-place or precast concrete, terra cotta, and approved exterior
insulation and finish systems.
3. Unless otherwise specified herein, wall
construction, covering, surface or facing materials, including, but not limited
to, vinyl siding, aluminum and other metal siding and veneers, exterior
plywood, particle board, fiberboard & hardboard siding, fiber cement lap
& panel siding, and metal composite materials, shall not be used to comply
with the requirements of this section.
1612.3 Establishment of
flood hazard areas. To establish flood hazard areas, the
governing body shall adopt a flood hazard map and supporting data. The flood
hazard map shall include, at a minimum, areas of special flood hazard as
identified by the Federal Emergency Management Agency in an engineering report
entitled “The Flood Insurance Study for the City of Kankakee, Illinois,” dated
May 5 , 2003, as amended or revised with the accompanying Flood Insurance Rate
Map (FIRM), are hereby adopted by reference and declared to be part of this
section.
Section
1808.0 SUMP PUMP DISCHARGES
Section
1808.1 UNDERGROUND CONNECTION REQUIRED: Sump pumps for all residential buildings shall
discharge to a storm sewer or drainage line, if one is available, to serve the
property. Connections are to be made by a contractor licensed by the City,
including the connection to the storm sewer and the entire pipe from the house
to the storm sewer.
Section
1808.2 DISCHARGE LINE:
The sump pump discharge line shall come out of the house above the ground and
turn downward using an elbow. It shall then extend just into a gravity
receiving pipe that is sticking out of the ground a few inches. The gravity
pipe shall be four (4) inch diameter PVC and shall have a minimum of one (1)
percent grade to the storm outlet location.
Section
1808.3 CONNECTION: The tap into the storm sewer main shall be
made based on the type of receiving storm sewer pipe as follows:
1.
N-12 STORM SEWER (Heavy Black Plastic Pipe with a Smooth Interior): An
"INSERTA TEE" by Advanced Drainage Systems shall be used for
connection of the four (4) inch PVC gravity sump pump line to the N-12 storm
pipe.
2. CONCRETE STORM SEWER: A hole shall be sawed
into the existing concrete storm sewer or storm structure. Three galvanized
metal screws, a minimum of two (2) inches long, are to be installed in the end
of the four (4) inch PVC sump pump discharge pipe, at a distance from the end
equal to the thickness of the concrete, to create a stoop barrier. The screws
shall be equally spaced around the PVC pipe and screwed in no more than 1/4
inch. The four (4) inch PVC pipe is to be inserted into the concrete until the
screws rest against the outside of the concrete causing the end of the PVC pipe
to be flush with the interior of the concrete pipe or structure. The PVC pipe
shall then be concreted and/or grouted in place with care taken to prevent the
cement materials from entering the pipe or structure.
Section
1808.4 INSPECTIONS REQUIRED: Trenches and connections are not to be backfilled until an
inspection is made by the City Inspector.
3410.2
Applicability. Structures existing prior to
Section
ARTICLE
II. RESIDENTIAL CODE
Section
8-06. Adoption of residential code. That a certain document, a copy of which is
on file in the office of the Code Official of the City of Kankakee, being
marked and designated as the International Residential Code, 2003 edition
(Excluding Appendices A through J) as published by the International Code
Council, be and is hereby adopted as the Residential Code of the City of
Kankakee, in the State of Illinois, regulating and governing the construction,
alteration, movement, enlargement, replacement, repair, equipment, location,
removal and demolition of detached one and two-family dwellings and multiple
single-family dwellings (townhouses) not more than three stories in height with
separate means of egress as herein provided; providing for the issuance of
permits and collection of fees therefore; and each and all of the regulations,
provisions, penalties, conditions and terms of such Residential Code on file in
the office of the Code Official are hereby referred to, adopted, and made a
part hereof, as if fully set out in this Ordinance, with the additions,
insertions, deletions and changes, if any, prescribed herein.
Section
8-07. Revisions to residential code. The following
additions, insertions, deletions and changes are hereby made:
R101.1 Title. These
provisions shall be known as the Residential Code for One- and Two-Family
Dwellings of the City of
R105.2 Work exempt from permit.
Building:
#1 Replace
“200” with “60”.
#2 Delete
entire sentence.
#5 Delete
entire sentence.
R105.5 Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced within 30
days after its issuance, or if the work authorized on the site by such permit
is not completed within 180 days after issuance of the permit. The Building
Official or Authorized Building Inspector are
authorized to grant one or more extensions of time, for periods not to exceed
60 days each. The extension shall be requested in writing and justifiable cause
demonstrated.
R106.2.1 Plats required.
New
construction requires, Top of Foundation Plat (TOF) with elevation of walls and
set back requirement. This plat shall be
submitted with an
R108.2 Schedule of permit fees. On buildings,
structures, electrical, gas, mechanical, and plumbing systems or alterations
requiring a permit, a fee for each permit shall be paid as required, in
accordance with the schedule specified in Section 108 of the International
Building Code, as revised by Section 8-02 of this Ordinance.
SECTION
112 APPEALS
112.1 General. Appeals of orders, decisions or
determinations of authorized city staff relative to the application and
interpretation of the International
Residential Code, and its revisions with this Ordinance, shall be made in
accordance with the provisions of Article I, Section 8-02of this Ordinance,
i.e., revision of Section 112 of the
TABLE R301.2 (1)
CLIMATIC AND GEOGRAPHIC DESIGN
CRITERIA
Ground Snow Load = 15,
Wind Speed = 90 mph, Seismic Design Category = B, Weathering = Severe, Frost
Line Depth = 42 inches, Termite = Moderate to heavy, Decay = Slight to
moderate, Winter Design Temp = O°F, Ice Shield Underlayment Required =Yes, Flood Hazards =
Exceptions:
1. Beams
and girders may not project more than
10-inches below the required ceiling height.
2. Duct
or other obstructions may project to within 6-feet 8-inches of the finished
floor.
3. Kitchens,
Bathrooms, and hallway may have a ceiling height of 7-feet from finished floor
to finished ceiling
4. Not
more than 50% of the required floor area of a room is permitted to have a slope
ceiling less than 7-feet 6-inches with no portion of the required floor area
less than 5-feet in height.
Section R309.2 Separation required.
Replace the wording “1/2
inch Gypsum Board” with “5/8 fire rated gypsum board”.
ADD “All joints, Nail
heads, holes, and cracks shall be taped and spackled. The perimeter of the parking area adjacent to
any occupiable space shall be curbed to a minimum height of 4-inches above the finished
surface of the garage floor and at a width of not less than 4-inches.
Section R310.1 Emergency escape and rescue required.
Delete the wording “with habitable space”
(Basements are required escape windows)
Add 4. In
Attics or crawl spaces with mechanical equipment, Smoke alarms are required.
Section
313.3 Carbon Monoxide Detector.
CO
Detectors shall be installed within fifteen feet of sleeping areas
Section
R317.1 Two-Family Dwelling.
Replace the wording “by wall and /or floor assembly of not less
than 1-hour” with “by a Non-Combustible wall and/or floor assembly of not less
than 2-hour rating”.
Delete Exception.
Section
R317.2 Townhouses.
Delete the wording “meeting the requirements of section R302 for
exterior walls” and Insert the wording “of Non-Combustible walls of not less
than 2-hour rating”.
Section 402.1 Wood Foundations
Delete Section R402.1 Wood
Foundations in its entirety and replace with:
“Wood Foundations and Wood footings are
prohibited in the City of
Section
R405.2.3.1 Sump pump Drainage. In new
construction, sump pumps shall be connected to the storm drains
Delete Section R408.3 Access in its entirety and
rename as follows:
Section
R408.3 Height. The minimum clearance
from the surface of the Under-floor area to the bottom of the lowest point of
the floor joists shall be 36”.
Mechanical fixtures suspended between or under the floor joists shall
not be less than 30 inches.
Section
R408.3.1 Access An access crawl hole of
not less than 30 inches by 22 inches shall be provided to the under-floor space
Change Section
R408.5 Finished grade in its entirety to “The finished grade of under-floor
surface may be located at the bottom of the footing. The floor shall be constructed of a minimum
of 4” of crushed stone, a vapor barrier, and toped with minimum of 2 inches of
concrete. The concrete shall be sloped
toward a floor drain.
Section R503.2 Wood Panel Sheathing. Sub floors shall be a tongue & groove
type, Sized IAW Table R503.2.1
Section
R503.2.3 Installation. All Sub-floors shall be
glued to the joist with sub-floor adhesive with screws or ring shank nails
sized and spaced IAW the appropriate tables.
Add #4. Where the first shingles Installed are
architectural style shingles.
Section M1305.1.3
Appliances in Attics.
Insert the wording “with a fixed ladder, folding
stairs, or a permanent stair case” Between “access shall be provided” and “with
an opening”.
Chapter 25
to 32 Part VII - Plumbing.
Chapter 33
to 42 Part VIII - Electrical.
P2603.6.1 Sewer depth. Building sewers that
connect to private sewage disposal systems shall be a minimum of 42 inches
below finished grade at the point of septic tank connection. Building sewers
shall be a minimum of 42 inches below grade.
P3103.1
Roof extension.
All open vent pipes which extend through a roof shall be terminated at least 42
inches above the roof or 42 inches above the anticipated snow accumulation,
except that where a roof is to be used for any purpose other than weather
protection, the vent extensions shall be run at least 7 feet (2134 mm) above
the roof.
Section
8-08 to 8-10. Reserved.
ARTICLE III. MECHANICAL CODE
Section 8-11.
Adoption of mechanical code. That a
certain document, a copy of which is on file in the office of the Code Official
of the City of Kankakee, being marked and designated as the International Mechanical Code, 2003 edition
(Excluding Appendices A & B) as published by the International Code
Council, be and is hereby adopted as the Mechanical Code of the City of
Kankakee, in the State of Illinois regulating and governing the design,
construction, quality of materials, erection, installation, alteration, repair,
location, relocation, replacement, addition to, use or maintenance of mechanical
systems as herein provided; providing for the issuance of permits and
collection of fees therefor; and each and all of the
regulations, provisions, penalties, citations and terms of said Mechanical Code
on file in the office of the Code Official are hereby referred to, adopted, and
made a part hereof, as if fully set out in this Ordinance, with the additions,
insertions, deletions and changes, if any, prescribed herein.
Section 8-12.
Revisions to mechanical code. The
following additions, insertions, deletions and changes are hereby made:
101.1 Title. These regulations shall be known as the Mechanical Code of the City of
106.4.3 Expiration. Every
permit issued shall become invalid unless the work on the site authorized by
such permit is commenced within 30 days after its issuance, or if the work
authorized on the site by such permit is not completed within 180 days after
issuance of the permit. The Building Official or Authorized Building Inspector
are authorized to grant one or more extensions of time, for periods not to
exceed 60 days each. The extension shall be requested in writing and
justifiable cause demonstrated.
106.5.2 Fee schedule. The fees for
mechanical work shall be as specified in Section 108 of the International Building Code, as revised
by Section 8-02 of this Ordinance.
106.5.3 Fee refunds. The code official is
authorized to establish a refund policy “50%, 0”
108.4 Violation
penalties.
Persons who shall violate a provision of this code or shall fail to comply with
any of the requirements thereof, or who shall erect, install, alter or repair
mechanical work in violation of the approved construction documents or
directive of the code official, or of a permit or certificate issued under the
provisions of this code, shall be guilty of a municipal code violation,
punishable by a fine of not less than $100.00 dollars or more than $750.00
dollars. Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
108.5 Stop work orders. Upon notice from the code official that
mechanical work is being done contrary to the provisions of this code or in a dangerous
or unsafe manner, such work shall immediately cease. Such notice shall be in
writing and shall be given to the owner of the property, or the owner’s agent,
or to the person doing the work. The notice shall state the conditions under
which work is authorized to resume. Where an emergency exists, the code
official shall not be required to give a written notice prior to stopping the
work. Any person who shall continue any work on the system after having been
served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be guilty of a
municipal code violation, punishable by a fine as prescribed in Section 108.4.
SECTION 109 APPEALS
109.1 General. Appeals of orders,
decisions or determinations of authorized city staff relative to the
application and interpretation of the International
Mechanical Code, and its revisions with this Ordinance, shall be made in
accordance with the appeal provisions of Article I, Section 8-02 of this Ordinance,
i.e., revision of Section 112 of the
ARTICLE IV
GAS CODE
Section
8-13. Adoption of Gas Code. That a certain document, a copy of which is
on file in the office of the Code Official of the City of Kankakee, being
marked and designated as the International
Gas Code, 2003 edition (Excluding Appendices A & B) as published by the
International Code Council, be and is hereby adopted as the Mechanical Code of
the City of Kankakee, in the State of Illinois regulating and governing the
design, construction, quality of materials, erection, installation, alteration,
repair, location, relocation, replacement, addition to, use or maintenance of
mechanical systems as herein provided; providing for the issuance of permits
and collection of fees therefore; and each and all of the regulations,
provisions, penalties, citations and terms of said Mechanical Code on file in
the office of the Code Official are hereby referred to, adopted, and made a
part hereof, as if fully set out in this Ordinance, with the additions,
insertions, deletions and changes, if any, prescribed herein.
Section
8-14. Revisions to Gas code. The following additions, insertions,
deletions and changes are hereby made:
Section 101.1 insert: City of
106.4.3
Expiration. Every permit issued shall become invalid
unless the work on the site authorized by such permit is commenced within 30
days after its issuance, or if the work authorized on the site by such permit
is not completed within 180 days after issuance of the permit. The Building
Official or Authorized Building Inspector is authorized to grant one or more
extensions of time, for periods not to exceed 60 days each. The extension shall
be requested in writing and justifiable cause demonstrated.
106.5.2
Fee schedule.
The fees for mechanical work shall be as specified in the International Building Code, as revised by Section 8-02 of this
Ordinance.
Sections
106.5.3
Insert: “50%, 0%”
108.4 Violation penalties. Persons who shall violate a provision
of this code or shall fail to comply with any of the requirements thereof, or
who shall erect, install, alter or repair mechanical work in violation of the approved
construction documents or directive of the code official, or of a permit or
certificate issued under the provisions of this code, shall be guilty of a
municipal code violation, punishable by a fine of not less than $100.00 dollars
or more than $750.00 dollars. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
SECTION
109 APPEALS
109.1
General. Appeals of orders, decisions or
determinations made by the code (or building) official relative to the
application and interpretation of the International
Gas Code,and
its revisions within this Ordinance, shall be made in accordance with the
provisions of Section 112 of the International
Building Code.
409.1 Shut
off valve in fire place. Equipment shut off valves located in the fire box of a
fire place shall be in stalled in accordance with the appliance manufacturer’s
instructions. “An additional shutoff
valve shall be installed outside the firebox within 6 feet of the appliance.”
Section 8-15. Reserved.
ARTICLE V. PROPERTY MAINTENANCE CODE*
Section 8-16. Adoption of property maintenance code. That a certain document, a copy of which is on file in the office of the Code Official of the City of Kankakee, being marked and designated as the International Property Maintenance Code, 2009 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Kankakee, in the State of Illinois, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Code Official of the City of Kankakee are hereby referred to, adopted, and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed herein.
Section 8-17.
Revisions to property maintenance code. The following additions, insertions,
deletions and changes are hereby made:
101.1 Title. These regulations shall be known as the Property
Maintenance Code of the City of
103.5 Fees. The fees for activities and services performed by the City of Kankakee and its Departments in carrying out its responsibilities under this code shall be as established by
the corporate authorities, or as otherwise provided herein. Each day that a violation continues after due notice shall be deemed a separate offence.
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a municipal code violation. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant to thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Any person found to be in violation of any provision of this Ordinance shall be fined not less than One Hundred ($100) Dollars nor more than Seven Hundred Fifty ($750)
Dollars for each offense.
107.2 Form. Such notice prescribed
in Section 107.1 shall be in accordance with all of the following;
1. Be in
writing.
2. Include a
description of the real estate sufficient for identification.
3. Include a
statement of the violation or violations and why the notice is being sent.
4. Include a
correction order allowing a reasonable time to make the repairs and improvements
required to bring the dwelling unit or structure into compliance with the
provisions of this code.
5. Inform the
authorized agent or owner of the right to appeal subject to the provisions set
forth in Section 112 of the International Building Code, as revised by Section
80-2 of this Ordinance.
107.3 Method of service. Such notice shall be
deemed to be properly served if a copy thereof is;
1. Delivered
personally;
2. Sent by
certified or first-class mail addressed to the last known address; or,
3. If the
notice is returned showing that the letter was not delivered, a copy thereof
shall be posted in a conspicuous place in or about the structure affected by
such notice.
Service of such notice shall be presumed sufficient if served upon the last person identified as the owner of the premises as shown in the official records of the Office of the Supervisor of Assessments of Kankakee County, Illinois.
109.2.1 Boarding of Buildings. Boarding is a temporary solution to prevent unauthorized entry into a building and that boarded buildings are a public nuisance. A building may
not remain boarded longer than six (6) months unless an extension of that time is part of a plan approved by the Building Official.
109.2.2 Board-up Standards.
The following are the specifications for board-up within the City of Kankakee:
SECTION 111 APPEALS
111.1 General. Appeals of orders, decisions or determinations of authorized city staff relative to the application and interpretation of the International Property Maintenance Code,
and its revisions within this Ordinance, shall be made in accordance with the appeal provisions of Article I, Section 8-02 of this Ordinance, i.e., revision of the International Building
Code.
SECTION 112 LICENSING OF
DWELLINGS
112.1 Requirement for license. No person, corporation
or other entity shall rent, lease or allow a person other than the legal owner
to occupy any dwelling unit within the City of
112.2 Initial license. An initial operating
license shall be issued upon the inspection of the premises and the
determination by the City of
112.3 Applications for license. All applications for
operating licenses shall be submitted on forms provided by the City of
112.4 Inspection to be accomplished and
effective failure to pass inspection. Upon receipt of a fully completed application,
the City of Kankakee shall within 30 days of receipt of the completed
application, schedule and conduct an inspection of the premises for which a
license is sought. A license shall be sought for each dwelling unit, however,
all dwelling units within a building shall be inspected simultaneously. The City shall refuse to issue an operating
license for a building if any dwelling unit is found, after either the initial
or any subsequent inspections, not to meet all applicable requirements of all
codes of the City of
112.5 Application information required. All applications for
operating license shall include the name and address of the tenants who are or
will be residing in said dwelling unit and the total number of persons residing
in said unit. If the property has not been leased at the time of the
inspection, the license holder shall supply the names of the tenants within 30
days of the commencement date of the lease. It is the duty of the license
holder to supply the identity of the tenant within 30 days after a change of
occupancy. A change of occupancy is defined as the elimination of occupancy by
one tenant and the initiation of occupancy of the dwelling unit by a different
tenant.
112.6 Schedule of inspections. Sixty days prior to
the expiration of an operating license, the City shall send a “Notice of
Renewal Inspection” to the owner or designated manager/agent setting forth the
requirement of the owner or manager/agent to schedule an inspection. The
property shall thereupon be inspected for verification that the property
continues to meet all applicable codes, statutes and regulations adopted by the
City of
112.7 Alternate dates. Owners and designated
managers/agents shall be allowed to reschedule an inspection on one occasion
within the 30 day inspection period. Refusal to make the building or any
dwelling unit within said building available for inspection on the designated
date or on the one rescheduled date shall be grounds for revocation of the rental
license.
112.8 Transfer of ownership. In addition to renewal
inspections, inspections shall also be required to occur within 30 days of any
transfer of ownership. Transfer of ownership shall be defined by the delivery
of deed or by the notice of intent to transfer title by a contract lawfully
recorded in office of the Kankakee County Recorders Office. In the event the
property is not sold by recorded contract, the person whose name is currently
shown as the owner on the last recorded title shall remain solely responsible
for the renewal of this license until such time as a transfer of ownership is
recorded. Inspection or reinspection procedures and
costs for an issuance of operating license upon transfer of ownership shall be
the same as for the initial license described herein. The grantor of any
contract shall remain liable for any violations that have been identified and
documented by the City of Kankakee Code Department prior to the said transfer.
112.9 Complaint inspection. Inspection shall also
take place within 5 days upon the receipt by the City of
112.10 Information provided by the city. The City of
112.11 Limit on occupancy. No operating license
shall be issued or renewed unless the applicant verifies on the application for
operating license that they have limited or will limit the number occupants so as
not to exceed the minimum area requirements of this code pursuant to Section
404.5.
112.12 Designation of manager/agent. No operating license
shall be issued or renewed if the property owner is not a resident of the
County of Kankakee, unless the legal owner of record designates, in writing to
the City, the name of a City or County of Kankakee resident, 18 years or older,
as their designated manager/agent for the receipt of service of “Notice of
Violation” pursuant to the provisions of this code and for service of process
pursuant to this code. Service of notice or process pursuant to this code shall
be upon either the legal owner of record or the designated manager/agent.
112.13 Revocation of license. An operating license
which has been previously issued shall be revoked if, following an inspection
pursuant to this code, any dwelling unit within a rental building fails to meet
all applicable requirements of all codes of the City of Kankakee and statutes
of the State of Illinois. Upon the inspection determining that said property
fails to meet said codes, a “Notice of Revocation” shall be issued. A copy of
the notice of revocation shall be issued to all tenants living within the
property which is the subject matter of the revocation. Upon notice of revocation
all tenants may be required to vacate the premises, which are the subject of
the revoked license. A legal owner of record may appeal the notice of
revocation in accordance to the provisions set forth in section 111.1 of the
International Property Maintenance Code, as revised by Section 8-02 of this
Ordinance.
112.14 Effect of revocation of license. If a license is
revoked, the property or any individual dwelling unit failing to comply with
all applicable codes shall immediately be vacated and may not be occupied again
until all code violations have been repaired and completed. Reinstatement of
the revoked license will be authorized once all violations are in compliance.
In the event of a revocation of the license, said property shall remain
unoccupied for a period of 30 days from the date of the notice of revocation or
upon issuance of a temporary license or proof of compliance with applicable
codes, whichever is less.
112.15 Transferability of license. No operating license
shall be transferable to another person or entity or another dwelling unit.
Each person holding an unrevoked operating license shall give notice, in
writing, to the City within 10 working days after having transferred or
otherwise disposing of the legal control of any licensed dwelling unit. Such
notice shall include the name and address of the person or persons succeeding
to the ownership or control of such dwelling unit.
112.16 Lease provisions. All applicants for
operating licenses under this code shall include in all written leases a
provision which requires the tenants to permit the inspection of the premises
which are the subject matter of the lease, said inspection to be conducted by a
representative of the City of
112.17 Inspection checklist. All owners and
authorized agents shall be provided the Property Maintenance and Housing
Inspection Checklist prior to the initial rental license inspection of a
property.
112.18 Additional inspections. In addition to the
initial and biennial inspections, license holders may request additional
inspections not to exceed two per year, for the purpose of ascertaining the
conditions of the premises which are the subject of the license. The reports of
these inspections shall be made available to the license holder upon the
completion of said inspection. Said inspections, when requested by the license
holder, shall be at no additional expense.
112.19 Renewal of license. No operating license
may be renewed unless an application therefore has been made prior to the
expiration of the existing operating license. In the event that a license is
sought after the expiration date of the current license, the applicant for the
license shall pay an additional fee of $100.00 dollars for said license. Upon
payment of the fee and the property being determined to be in compliance with
all applicable rules and regulations and ordinances of the City of
112.20 Minor violations. Whenever, upon
inspection of a rental building, the City of Kankakee determines that
conditions or practices exist which are in violation of any provision of this
code, or any applicable code, statutes, rules or regulations adopted pursuant
thereto, a notice of such violations shall be served upon the owner or
designated manager/agent in the manner provided herein. A temporary license may
be issued by the City of
(1) That the
violations do not present a condition of immediate danger or hazard to the
life, safety or health of the tenants or occupants of dwelling unit, and,
(2) That the
owner or the operator has submitted a written plan to the City of Kankakee to
assure complete compliance within a 60 day period. An additional 60 day period
may be allowed solely due to weather conditions. Said extension may be granted
only by the code official supervising the department. A building is in complete
compliance when it complies with all applicable rules, regulations and
ordinances of the City of
112.21 Reinspection. In the event that,
upon inspection, it is determined by a representative of the City of
1.
112.22 Issuance of
license.
If upon reinspection, the City of Kankakee determines
that the dwelling unit in connection with which the notice was issued for
suspension or revocation has come into compliance with all applicable code,
statutes, rules and regulations, the City shall issue a biennial license.
112.23 Appeal process. Appeal orders,
decisions or determinations of authorized city staff relative to the
application and interpretation of the International
Residential Code, and its revisions of this Ordinance, shall be made in accordance
with the appeal provisions of Article I, Section 8-02 of this Ordinance, i.e.
revision of Section 112 of the
112.24 Landlord’s consent for inspections. All applicants for
operating licenses pursuant to this code shall be presumed to have given
consent for the inspections of the property described in the license. In the
event that a tenant refuses to consent to the inspection of the rental dwelling
unit, while the tenant has possession thereof, the City of
112.25 Time for inspections. All inspections herein
shall be conducted between 9:00 A.M. and
2.
112.26 Notice of
inspections.
Notice shall be given to the owner or designated manager/agent and tenant of a
licensed dwelling unit at least 5 days in advance of any scheduled inspection,
except in those situations in which there is a reasonable suspicion to believe
that conditions exist which present a threat to the health or safety of the
occupants therein; or a complaint lodged by the occupants of the dwelling unit;
or a request made by a prospective tenant accompanied by the written consent of
the owner or designated manager/agent.
112.27 Tenants' responsibilities. It shall be the
tenant's responsibility under this code as follows:
The
tenant shall:
(1) Comply with
all obligations imposed upon them by provisions of the codes, statutes, rules
and regulations applicable to the dwelling unit;
(2) Maintain the
dwelling unit and the premises of said dwelling unit occupied by said tenant in
as safe a condition as the condition of the premises permits;
(3) Keep all
plumbing fixtures in the dwelling unit as clean as their condition permits;
(4) Dispose from
the tenant’s dwelling unit all solid waste, rubbish, and other waste in a clean
and safe manner and assure that the property upon which the dwelling unit is located
is kept free from solid waste, rubbish and other waste;
(5) Use in a
reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air
conditioning and other facilities, fixtures and appliances;
(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;
(7) Conduct him
or herself and require other persons invited by him on the premises or present
with his consent, to conduct themselves in a manner that will not disturb
that tenant's neighbor's peaceful enjoyment of the premises;
113.1 Requirement for license. No person, corporation
or other entity shall rent, lease or allow a person other than the legal
owner to occupy any dwelling unit within the City of
the name of the legal owner of record for the specific dwelling unit.
113.2 Initial license.
An initial operating license shall be issued upon the inspection of the premises and the determination by the
City of
compliance with the applicable Property Maintenance, Fire
and Life Safety Codes as
amended. Upon
the issuance of an initial license, every operating license, with the
exception of
Section 8 properties
which shall require an annual inspection, shall be issued
for a period
of 3 years from its date of issuance, unless sooner revoked as provided
pursuant
to the applicable sections of this code.
113.3 Applications for license. All applications for operating licenses shall
be submitted
on forms
provided by the City of
designates a
manager or agent other than the legal owner to be responsible for the
maintenance
or leasing
of said premises, the name, address and phone number of the
designated
manager and/or agent shall also be included upon the application and the
application shall also be verified by the manager/agent.
113.4 Inspection to be accomplished and effect of failure to pass
inspection.
Upon
receipt of a
fully completed application, the City of
receipt of
the completed
application, schedule and conduct an inspection of the premises
for which a
license is sought. A license shall be sought for each dwelling unit; however,
all
dwelling
units within
a building shall be inspected simultaneously. The City shall refuse to
issue an
operating license for a building if any dwelling unit is found, after either
the initial
or any subsequent
inspections, not to meet all applicable requirements of all codes of the
City of
inspection, fails to pass said
codes, the City of Kankakee and the owner shall schedule a re-inspection. In the event that any building fails to meet the code on the second inspection, the City of Kankakee shall
conduct additional inspections as necessary to assure compliance with applicable codes. However, the third inspection after application shall require the payment of a $100.00 dollars fee
for the purposes of paying for said inspection. Each additional inspection shall require payment of $300.00 dollars for each such inspection. All payments shall be required prior to the
inspections occurring.
113.5 Application information required. All applications for operating license shall include the name and address of the tenants who are or will be residing in said dwelling unit and the
total number of persons residing in said unit. If the property has not been leased at the time of the inspection, the license holder shall supply the names of the tenants within 30 days of the
commencement date of the lease. It is the duty of the license holder to supply the identity of the tenant within 30 days after a change of occupancy. A change of occupancy is defined as
the elimination of occupancy by one tenant and the initiation of occupancy of the dwelling unit by a different tenant.
113.6 Schedule of inspections. Sixty days prior to the expiration of an operating license, the City shall send a “Notice of Renewal Inspection" to the owner or designated
manager/agent setting forth the requirement of the owner or manager/agent to schedule an inspection. The property shall thereupon be inspected for verification that the property
continues to meet all applicable codes, statutes and regulations adopted by the City of Kankakee and the State of Illinois. Renewal licenses shall be issued upon a determination by the
inspector that the building and all dwelling units within said building meets all applicable codes, statutes and regulations adopted by the City of Kankakee and the State of Illinois.
Inspection or re-inspection procedures and costs for renewals of operating licenses shall be the same as for the initial operating license.
113.7 Alternate dates. Owners and designated managers/agents shall be allowed to reschedule an inspection on one occasion within the 30 day inspection period. Refusal to make the
building or any dwelling unit within said building available for inspection on the designated date or on the one rescheduled date shall be grounds for revocation of the rental license.
113.8 Transfer of ownership. In addition to renewal inspections, inspections shall also be required to occur within 30 days of any transfer of ownership. Transfer of ownership shall be
defined by the delivery of deed or by the notice of intent to transfer title by a contract lawfully recorded in office of the Kankakee County Recorders Office. In the event the property is not
sold by recorded contract, the person whose name is currently shown as the owner on the last recorded title shall remain solely responsible for the renewal of this license until such time as
a transfer of ownership is recorded. Inspection or reinspection procedures and costs for an issuance of operating license upon transfer of ownership shall be the same as for the initial
license described herein. The grantor of any contract shall remain liable for any violations that have been identified and documented by the City of Kankakee Code Department prior to the
said transfer.
113.9 Complaint inspection. Inspection shall also take place within 5 days upon the receipt by the City of Kankakee of a report of a suspected violation of the codes of the City of
Kankakee. An inspection shall also take place in the event that a complaint is made by either the tenant or by an occupant of the rental building or by any law enforcement agency or
government official. The license holder shall be provided with a written summary of the complaint and with the results of the inspection upon its completion. Follow up inspections shall also
occur with reasonable notice given to the license holder to determine whether deficiencies found in previous inspections have been corrected. Compliant inspections shall not be based
upon anonymous complaints.
113.10 Information provided by the city. The City of Kankakee shall provide all information which it may legally provide regarding prior written police contacts or prior residential
addresses of any tenant candidates to license holders upon a written request, which request shall include authorization by the prospective tenant to release said information.
113.11 Limit on occupancy. No operating license shall be issued or renewed unless the applicant verifies on the application for operating license that they have limited or will limit the
number occupants so as not to exceed the minimum area requirements of this code pursuant to Section 404.5.
113.12 Designation of manager/agent. No operating license shall be issued or renewed if the property owner is not a resident of the County of Kankakee, unless the legal owner of
record designates, in writing to the City, the name of a City or County of Kankakee resident, 18 years or older, as their designated manager/agent for the receipt of service of “Notice of
Violation" pursuant to the provisions of this code and for service of process pursuant to this code. Service of notice or process pursuant to this code shall be upon either the legal owner of
record or the designated manager/agent.
113.13 Revocation of license. An operating license which has been previously issued shall be revoked if, following an inspection pursuant to this code, any dwelling unit within a rental
building fails to meet all applicable requirements of all codes of the City of Kankakee and statutes of the State of Illinois. Upon the inspection determining that said property fails to meet
said codes, a "Notice of Revocation" shall be issued. A copy of the notice of revocation shall be issued to all tenants living within the property which is the subject matter of the
revocation. Upon notice of revocation all tenants may be required to vacate the premises, which are the subject of the revoked license. A legal owner of record may appeal the notice of
revocation in accordance to the provisions set forth in section 111.1 of the International Property Maintenance Code, as revised by Section 8-02 of this Ordinance.
113.14 Effect of revocation of license. If a license is revoked, the property or any individual dwelling unit failing to comply with all applicable codes shall immediately be vacated and
may not be occupied again until all code violations have been repaired and completed. Reinstatement of the revoked license will be authorized once all violations are in compliance. In the
event of a revocation of the license, said property shall remain unoccupied for a period of 30 days from the date of the notice of revocation or upon issuance of a temporary license or proof
of compliance with applicable codes, whichever is less.
113.15 Transferability of license. No operating license shall be transferable to another person or entity or another dwelling unit. Each person holding an unrevoked operating license shall
give notice, in writing, to the City within 10 working days after having transferred or otherwise disposing of the legal control of any licensed dwelling unit. Such notice shall include the name
and address of the person or persons succeeding to the ownership or control of such dwelling unit.
113.16 Lease provisions. All applicants for operating licenses under this code shall include in all written leases a provision which requires the tenants to permit the inspection of the
premises which are the subject matter of the lease, said inspection to be conducted by a representative of the City of Kankakee. Said provision shall refer to Section 104.4.
113.17 Inspection checklist. All owners and authorized agents shall be provided the Property Maintenance and Housing Inspection Checklist prior to the initial rental license inspection of
a property.
113.18 Additional inspections. In addition to the initial and 3 year inspections, license holders may request additional inspections not to exceed two per year, for the purpose of
ascertaining the conditions of the premises which are the subject of the license. The reports of these inspections shall be made available to the license holder upon the completion of said
inspection. Said inspections, when requested by the license holder, shall be at no additional expense.
113.19 Renewal of license. No operating license may be renewed unless an application and inspection fee has been made prior to the expiration of the existing operating license. In the
event that a license is sought after the expiration date of the current license, the applicant for the license shall pay an additional fee of $100.00 dollars for said license. Upon payment of the
fee and the property being determined to be in compliance with all applicable rules and regulations and ordinances of the City of Kankakee and statutes of the State of Illinois, a license will
thereupon be issued.
113.20 Minor violations. Whenever, upon inspection of a rental building, the City of Kankakee determines that conditions or practices exist which are in violation of any provision of this
code, or any applicable code, statutes, rules or regulations adopted pursuant thereto, a notice of such violations shall be served upon the owner or designated manager/agent in the manner
provided herein. A temporary license may be issued by the City of Kankakee provided:
(1) That the violations do not present a condition of immediate danger or hazard to the life, safety or health of the tenants or occupants of dwelling unit, and,
(2) That the owner or the operator has submitted a written plan to the City of Kankakee to assure complete compliance within a 60 day period. An additional 60 day period may be allowed solely due to weather conditions. Said extension may be granted only by the code official supervising the department. A building is in complete compliance when it complies with all applicable rules, regulations and ordinances of the City of Kankakee and statutes of the State of Illinois. A temporary license shall expire on the first day following the date of plan completion as agreed upon by the owner and/or designated manager/agent and the City of Kankakee in accordance with the written compliance plan.
113.21 Reinspection. In the event that, upon inspection, it is determined by a representative of the City of Kankakee that a time period should be allowed for the corrections of any
violations cited, at the end of such time period, the City of Kankakee shall reinspect any dwelling unit for which corrections are to be made. The time period for the corrections shall be the
subject of an agreement between the City of Kankakee and the holder of the license or, in the event that said agreement cannot be obtained, shall be solely in the discretion of the City of
Kankakee based upon allowance for a reasonable period of time to complete the compliance with the alleged violations. In the event that at the termination of such a time period, it is
determined that such violations have not been corrected, the City of Kankakee shall issue an order to the license holder revoking the current operating license. Said revocations shall occur in
accordance with all provisions of this code. Owners requesting reinspection’s following a revocation shall pay costs in accordance with this code as if the inspection following revocation
were the third such inspection.
113.22 Issuance of license. If upon reinspection, the City of Kankakee determines that the dwelling unit in connection with which the notice was issued for suspension or revocation has
come into compliance with all applicable code, statutes, rules and regulations, the City shall issue a biennial license.
113.23 Appeal process. Appeals of orders, decisions or determinations of authorized city staff relative to the application and interpretation of the International Residential Code, and its
revisions in this Ordinance, shall be made in accordance with the appeal provisions of Article I, Section 8-02 of this Ordinance, i.e., revision of Section 112 of the International Building
Code.
113.24 Landlord's consent for inspections. All applicants for operating licenses pursuant to this code shall be presumed to have given consent for the inspections of the property
described in the license. In the event that a tenant refuses to consent to the inspection of the rental dwelling unit, while the tenant has possession thereof, the City of Kankakee is expressly
empowered to obtain an administrative warrant for purposes of conducting said inspections. Any required inspection pursuant to this code shall be presumed to establish probable cause for
the issuance of said warrant. In the event that such a warrant is sought, the notice shall be given to the license holder and the tenant regarding the issuance of the warrant. Delivery of a copy
of the actual warrant shall be sufficient notice to comply with this section.
113.25 Time for inspections. All inspections herein shall be conducted between 9:00 A.M. and 3:30 P.M. on Monday through Friday, except in emergency situations in which the life,
health and/or safety of any individual is threatened. Upon agreement by the applicant and the City, inspections may occur at other hours as the parties may agree.
113.26 Notice of inspections. Notice shall be given to the owner or designated manager/agent and tenant of a licensed dwelling unit at least 5 days in advance of any scheduled inspection,
except in those situations in which there is a reasonable suspicion to believe that conditions exist which present a threat to the health or safety of the occupants therein; or a complaint lodged
by the occupants of the dwelling unit; or a request made by a prospective tenant accompanied by the written consent of the owner or designated manager/agent.
113.27 Tenants' responsibilities. It shall be the tenant's responsibility under this code as follows:
The tenant shall:
(1) Comply with all obligations imposed upon them by provisions of the codes, statutes, rules and regulations applicable to the dwelling unit;
(2) Maintain the dwelling unit and the premises of said dwelling unit occupied by said tenant in as safe a condition as the condition of the premises permits;
(3) keep all plumbing fixtures in the dwelling unit as clean as their condition permits;
(4) Dispose from the tenant's dwelling unit all solid waste, rubbish, and other waste in a clean and safe manner and assure that the property upon which the dwelling unit is located is kept free from solid waste, rubbish and other waste;
(5) Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities, fixtures and appliances;
(6) Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any other person to do so;
(7) Conduct themselves and require other persons invited by him on the premises or present with his consent, to conduct themselves in a manner that will not disturb that tenant's neighbor's peaceful enjoyment of the premises.
Section 302.3 Sidewalks and driveways. That all sidewalks, walkways, driveways, parking spaces, and similar areas shall be paved and shall be kept in a proper state of repair and maintenance free from hazardous conditions. All parking areas shall have an improved driveway leading to said area.
Section 302.3.1 Driveway and Parking Lots surfacing. All open off street parking areas and driveways shall be improved with a compacted macadam base and surfaced with asphalt, concrete, or constructed to some comparable specifications approved by the Building Official.
Section 302.3.2 Encroachment upon right of ways. No person shall install, place, maintain, or construct any Structure, Playground Equipment, Boulders, Material, or landscaping that encroaches upon the right of way/ Street without written approval from the City Building Department.
Exceptions: Mailboxes, landscaping around trees, and Driveway aprons.
Section 302.3.3 Blocking sidewalks. No person shall block the public sidewalk or Street without prior written approval from the City.
Section
302.4 Weeds.
All premises and exterior property, including fence lines, shall be maintained
free from weeds or plant growth in excess of Six Inches (6) inches in height.
All noxious weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, trees and shrubs provided, however, this term
shall not include cultivated flowers and gardens. All fence lines shall be
maintained free from weeds or plant growth, in excess of 6 inches in height,
that is intertwined with a fence excluding cultivated vines, hedges or shrubs.
Section 302.4.1 Weeds in fences. Any trees, grasses, annual plants and vegetation, excluding cultivated vines, hedges and shrubs, in excess of 6 inches in height, growing along a fence line and intertwined with a fence shall be prohibited.
Section 302.4.2 Grass; all premises, including vacant lots and parkways shall have grass or other forms of approved vegetation ground cover provided and maintained.
Section 302.4.3: Deposit of Grass and Rubbish Prohibited in Public Streets: It shall be unlawful for any person to dump or deposit or cause to be dumped or deposited any grass, leaves, branches, or any other things in a roadway or gutter of any public street in the city. No person shall dump, discharge or otherwise dispose of any lawn clippings or other grass material onto a street, sidewalk or public walkway in the city.
Section
302.4.4:
Parkway Maintenance. The owner, occupant, or lessee of any property
in the city, shall be responsible for maintaining the terrace, Parkway, and
street directly adjacent to or adjacent with the property by said person
occupied, between the side property lines of said premises extended to the
centerlines of said street and shall on a regular basis cut grass, clean up and
dispose of all refuge and solid waste found within said street as above
described.
Section 302.8 Motor
vehicles.
Except as provided for in other regulations, no inoperative or unlicensed motor
vehicle, or parts thereof, shall be parked, kept or stored outdoors on any
premises, and no vehicle shall at any time be in a state of major disassembly,
disrepair, or in the process of being stripped or dismantled. Painting of
vehicles is prohibited unless conducted inside an approved spray booth.
Section
302.8.1 Prohibits Motor Vehicles and
Recreational Vehicles parking on grass areas. All Cars, trucks, motorcycles, RVs, trailers,
and boats shall be parked on an improved surface as stated in section 302.3.1
and in accordance with the Zoning Ordinance.
Section 302.50 Outdoor storage. The outdoor storage of equipment,
materials or furnishings, including, but not limited to, indoor furniture,
household appliances, auto parts or building materials on all residential
property and premises is prohibited. The use of exterior stairways, decks,
porches and balconies for outdoor storage shall be prohibited.
Section 302.51 Trees. All premises and exterior property shall be
maintained free from dead, diseased or insect infested trees or shrubs,
including trees or shrubs found in whole or in part to be unsafe or otherwise
present a danger to life, health, property or safety of the public or occupants
of the premises.
Section 303.3 Swimming Pool Electrical Service. Electrical service to operate the filter system and or pool heater shall be a separate branch circuit protected by a Ground Fault Interrupter (GFI) located within the main circuit panel and run underground in proximity within 5 feet to the filter or heater and terminated in a weather proof disconnect. The GFI may be located either in the main distribution box or in the weather proof disconnect. Under no circumstances shall a drop chord running from an existing outdoor outlet, even though GFI protected, to the filter system or heater be permitted.
304.14
Insect screens.
During the period from April 1st to December 1st, every
door, window and other outside openings 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.
304.19 Window and exterior door openings. The boarding over of
windows and exterior door openings with plywood or other materials shall be
prohibited.
Exception: Window and exterior door openings boarded over for the purpose of temporarily securing a building, structure or premises from the elements or to prevent entrance from trespassers shall be permitted provided a minimum of ½ inch exterior plywood or equivalent material is used to secure such openings; and; provided that all such windows and exterior door openings do not remain boarded-up for a period of not more than 90 days. The code official is authorized to grant one or more extensions of time, for periods of not more than 30 days each, subject to written request and demonstration of justifiable cause.
Section 304.19.1 Window Treatments; No Person shall utilize plywood, blankets, sheets, News paper, Flags, Banners, Signs, aluminum foil or other similar materials not intended or designed as window treatment.
Section 305.6.1 Keyed
locks.
Keyed locks or deadbolts shall be prohibited on all interior doors used to
access bedrooms or other habitable spaces used or occupied for sleeping
purposes, excluding lawfully established rooming units complying with the
requirements of Section 304.18.1.
Section 307.3.3 Placement of containers. Solid waste containers shall not be placed at, on or near a street or alley right-of-way for pick-up more than 24 hours before, nor more that 24 hours after, the scheduled weekly pick-up day. All trash and rubbish containers shall not be stored in the front yards on non trash day. All trash and rubbish containers shall be stored behind a privacy fence or out of view from public areas.
Section 308.4 Disposal of excrement: The owner of any animal shall not permit such animal to defecate on any property unless such owner causes the excrement to be removed immediately and disposed of in a sanitary manner.
SECTION
350 LEAD‑BASED PAINT
Section 350.1 General. Buildings or portions thereof containing Group
R‑2 and R‑3 occupancies and childcare facilities in Group E, I‑2,
and I‑4 occupancies (see Chapter 3 of the International Building Code)
constructed before 1978, shall be maintained in accordance with this section,
unless surfaces are found, by an independent contractor certified in accordance
with 40 CFR Part 745.226, to contain lead levels less than 1.0 milligrams per
square centimeter or 0.5 percent lead by weight.
Section 350.2 Deteriorated paint. Peeling, chipping,
flaking or abraded lead‑based paint shall be repaired, removed or
covered.
Section 350.3 Dust and debris. Dust and debris from
deteriorated lead‑based paint or maintenance activities that disturb lead‑based
paint shall be removed using wet sweeping High Efficiency Particulate Air
(HEPA) filtered vacuum and or detergents with a two-step rinse. After cleaning,
lead contamination shall not exceed 100 micrograms per square foot (093
milligrams per square meter) for uncarpeted floors and 500 micrograms per
square foot (4.65 milligrams per square meter) for interior window sills.
Section 350.4 Prohibited work practices. The following work
practices shall be prohibited for lead‑based paint repair and removal.
1. Power
abrasion, power sanding or power planning without High Efficiency Particulate
Air (HEPA) filtered vacuum attachment.
2. Methylene
chloride paint stripping.
3. Un‑contained
abrasive or un‑contained water blasting.
4. Dry scraping
more than one square foot of lead‑based paint per room.
5. Dry sanding.
6. Open flame burning or heat gun with a temperature greater than 1,100° F.
Section 350.5 Unsafe structures. Buildings or portions thereof containing Group R‑2 and Group R‑3 occupancies and childcare facilities in Group E, Group I‑2 and Group I‑4 occupancies (see Chapter 3 of the International Building Code) constructed before 1950, that the code official finds to be unfit for human occupancy or otherwise condemns in accordance with Section 110 of this code, shall not be occupied until determined to be lead‑safe by an independent contractor certified in accordance with 40 CFR Part 745.226.
Section 404.5 Overcrowding. Dwelling Units shall not be occupied by more occupants than permitted by the minimum area requirements of table 404.5.
Table 404.5 MINIMUM AREA REQUIREMENTS
|
Space |
1-2 Occupants |
3-5 Occupants |
6 or more Occupants |
|
Living Room |
No requirement |
120 SQ FT |
150 SQ FT |
|
Dining Room |
No requirement |
80 SQ FT |
100 SQ FT |
|
Bed Rooms |
Minimum 50 SQ FT per person. See section 404.4.1 |
||
Section 507.2 Sump pump discharge; Sump pumps are to be installed for the purpose of discharging clear water from foundation drains and ground infiltration and shall either discharge into an underground tile leading to a drainage ditch for that purpose, or shall discharge onto the ground of the property owner at least two (2) feet from the building from which the water is being pumped, and not closer than ten (10) feet from the property line. The place of discharge shall be determined at the point where the water is discharged upon the ground from pipes or other connection to the pump.
Exception: Preexisting installed drain tiles shall be allowed as long as the connection does not create a nuisance or hazardous condition.
Section 507.2.1 Water discharge from downspouts or sump pumps shall not discharge directly into the streets or across public sidewalks.
Section 704.2.1 Carbon Monoxide Detector. Carbon Monoxide Detectors shall be installed within fifteen feet of sleeping areas in accordance with Illinois State Code.
Section 8-18 to 8-20. Reserved.
ARTICLE
VI. PLUMBING CODE
Section 8-21. Adoption of plumbing code. That a certain
document, a copy of which is on file in the office of the Code Official of the
City of Kankakee, being marked and designated as the Illinois Plumbing Code, as
published by the Illinois Department of Public Health, be and is hereby adopted
as the Plumbing Code of the City of Kankakee, in the State of Illinois,
regulating and governing the construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition
to, use or maintenance of plumbing systems in the City of Kankakee; providing
for the issuance of permits and collection of fees therefore; and each and all
of the regulations, provisions, penalties, citations and terms of said Plumbing
Code on file in the office of the Code Official are hereby referred to,
adopted, and made a part hereof, as if fully set out in this Ordinance, with
the additions, insertions, deletions and changes, if any, prescribed herein.
Section 8-22. Revisions to plumbing code. The following
additions, insertions, deletions and changes are hereby made:
Section 890.1945 Appeals.
Appeals
of orders, decisions or determinations of authorized city staff relative to the
application and interpretation of the Illinois
Plumbing Code, and its revisions within this Ordinance, shall be made in
accordance with the provisions of Section 112 of the International Building Code, as revised by Section 8-02 of the
Ordinance.
Section 890.1960 Permits.
a) Required. Any owner or authorized agent
who intends to erect, install, enlarge, alter, repair, remove, convert or
replace any plumbing system, the installation of which is regulated by this
code, or to cause any such work to be done, shall first make application to the
code (or building) official and obtain the required permit.
b) Work exempt from permit. Exemptions
from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of the City of
1) The stopping of leaks in drains, water,
soil, waste or vent pipe provided, however, that if any concealed trap, drain
pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary
to remove and replace the same with new material, such work shall be considered
as new work and a permit shall be obtained and inspection made as provided in
this code.
2) The clearing of stoppages or the
repairing of leaks in pipes, valves or fixtures, and the removal and
reinsta1lation of water closets, provided such repairs do not involve or
require the replacement or rearrangement of valves, pipes or fixtures.
c) Fees.
The fees for plumbing work shall be as specified in Section 108 of the International
Building Code, as revised by Section 8-02 of the Ordinance.
Section 8-23 to 8-25. Reserved
.
ARTICLE VII.
ELECTRICAL CODE
Section 8-26. Adoption of electrical code. That a certain document,
a copy of which is on file in the office of the Code Official of the City of
Kankakee, being marked and designated as the National Electrical Code, 2005
edition (Including Article 80) as published by the National Fire Protection
Association, be and is hereby adopted as the Electrical Code of the City of
Kankakee, in the State of Illinois, regulating and governing the installation
of electric conductors, electric equipment, signaling and communications
conductors and equipment, fiber optic cables and raceways, conductors and
equipment that connect to the supply of electricity for public and private
premises, including buildings, structures, mobile homes, recreational vehicles,
floating buildings, yards, lots, parking lots, carnivals, industrial substations,
and installations used by electric utilities, including office buildings,
warehouses, garages, machine shops and recreational buildings that are not an
integral part of a generating plant, substation or control center; by providing
the standards for supplied electrical utilities and facilities essential to
ensure that structures are safe and fit for occupation and use; providing for
the issuance of permits and collection of fees therefore; and each and all of
the regulations, provisions, penalties, citations and terms of said Electrical
Code on file in the office of the Code Official are hereby referred to,
adopted, and made a part hereof, as if fully set out in this Ordinance, with
the additions, insertions, deletions and changes, if any, prescribed herein.
Section 8-27. Revisions
to electrical code.
The following additions, insertions, deletions and changes are hereby made:
Electrical Contractor. Any person engaged in the business of
installing or altering by contract or otherwise, electrical equipment for the
utilization of electricity supplied for light, heat or power, excluding: radio
apparatus or equipment for wireless reception of sounds and signals; and,
apparatus, conductors and other equipment installed for, or by, public
utilities, including common carriers under the jurisdiction of the Illinois
Commerce Commission, for use in their operation as public utilities; and, any
employee employed by such electrical contractor to do supervisory work.
80.15 Appeals.
(A) General. Appeals of orders, decisions or
determinations of authorized city staff relative to the application and
interpretation of the National Electrical
Code, and its revisions within this Ordinance, shall be made in accordance
with the appeal provisions of Article I, Section 8-02 of this Ordinance, i.e.,
revision of Section 112 of the
Section
80.19(E)(1) Add the following subsection:
(1) The fees for electrical work shall be as
specified in Section 108 of the International Building Code, as revised by
Section 8-02 of this Ordinance.
Section
80.19(F)(3) Delete and replace with the following:
(2) When any portion of the electrical
installation within the jurisdiction of an Electrical Inspector is to be hidden
from view by the permanent placement of parts of the building, the person,
firm, or corporation installing the equipment shall notify the Electrical
Inspector, and such equipment shall not be concealed until it has been approved
by the Electrical Inspector or until 10 days have elapsed from the time of such
notification, provided that on large installations, where the concealment of
equipment proceeds continuously, the person, firm, or corporation installing
the equipment shall give the Electrical Inspector due notice in advance, and
inspections shall be made periodically during the process of the work
(A) Certificate. All Electrical
Inspectors shall be certified by a nationally recognized inspector program. The
certification program shall specifically qualify the inspector in electrical
inspections. No person shall be employed as an Electrical Inspector unless that
person is the holder of an Electrical Inspector’s certificate of qualification,
except that any person who on the date on which this law went into effect was
serving as a legally appointed Electrical Inspector of the City of Kankakee
shall, without examination, be permitted to continue to serve as an Electrical
Inspector in the same territory.
Section
80.27(B)(3) Delete and replace with the following:
(3) Be well versed in the statutes of the
State of
Section
80.27(B)(4) Delete and replace with the following:
(4) Have had at least 2 years experience as
an Electrical Inspector or 3 years in the installation of electrical equipment.
In lieu of such experience, the applicant shall be a graduate in electrical
engineering or of a similar curriculum of a college or university considered as
having suitable requirements for graduation and shall have had 2 years’
practical electrical experience.
80.29 Liability for
Damages.
Article 80 shall not be considered to affect the responsibility or liability of
any party owning, designing, operating, controlling, or installing any electric
equipment for damages to persons or property caused by defect therein, nor
shall the City of Kankakee or any of its employees be held as assuming any such
liability by reason of the inspection, reinspection,
or other examination authorized.
80.35 Effective Date. Article 80 shall take
effect from and after the date of its final passage and publication as provided
by law.
80.50 Licensing of
Electrical Contractors
(A) License Required. It shall be unlawful
for any person to engage in the business of electrical contractor (as defined
in Article 80 of this Code) without being first duly licensed as an electrical
contractor as set forth herein. However, if a person is currently licensed (by
written examination) in another municipality within the State of Illinois,
he/she shall not be required to take the examination provided for hereinafter,
but shall be required to register with the City’s Electrical Inspector and pay
an annual registration fee as provided herein. No person shall install or alter
any electrical wiring, devices or equipment, or engage in the business of an
electrical contractor, unless he/she is currently licensed by the City as
provided herein. The owner of a one- or two-family dwelling which he/she occupies,
or intends to occupy, as his/her own residence, may install electrical wiring,
devices and equipment (excluding electrical service meter cabinets,
distribution breakers and fuse panels) in such dwelling, provided however that:
(1) A permit is secured for such work as
required by this Code;
(2) An inspection be conducted and the work
approved before occupancy and use of the premises; and,
(3) All such work conforms to the
requirements of this Code.
All
commercial and industrial electrical wiring, devices and equipment
installations shall be performed by a licensed electrical contractor possessing
a Class-A license, as provided herein.
(B) Application,
Qualifications and Examination.
(1) Application. Any person desiring to
engage in the business of electrical contracting shall apply to the City’s
Electrical Inspector for a license. Electrical contractors licenses shall be
divided into 2 classifications, which shall be defined as either a “Class-A” or
a “Class-B” license. A “Class-A” license shall entitle the electrical
contractor so licensed to engage in services encompassing all forms of
electrical installation and maintenance. A “Class-B” license shall entitle the
contractor so licensed to engage in services encompassing electrical
installation and maintenance for one- and two-family dwellings only.
(2) Qualifications. Those persons applying
for “Class-A” license shall have a minimum of 4 years experience as a
journeyman electrician in all phases of electrical installation, including
residential, commercial and industrial applications. Those persons applying for
a “Class-B” license shall have a minimum of 2 years experience as a journeyman
in one- and two-family residential wiring applications.
(3) Examination. Before an electrical
contractor license is issued, the applicant, following reasonable advance
notice, shall present himself/herself for written (and/or oral) examination
before the City’s Electrical Inspector, at a reasonable date, place and time so
determined by the Electrical Inspector. The Electrical Inspector shall examine
such applicant as to his/her practical knowledge of the installation,
alteration and maintenance of electrical equipment and devices, and the rules
and regulations governing the installation of electrical wiring equipment and
devices as set forth in this Code. In the event an applicant fails to pass the
examination, he/she shall not be eligible for re-examination within 6 months of
the date of his/her last examination.
(C) Fees and Expiration
of License.
The license fee for an electrical contractor, who has completed the required
examination, as provided herein, shall be $50.00 dollars per annum, which shall
be paid by the applicant to the City upon filing for application. The license
fee for an electrical contractor who is currently
registered in another municipality within the State of
(D) Revocation and
Transfer of Certificate. A license issued by the Electrical Inspector under the
provisions herein may be revoked for refusal of any licensed electrical
contractor to correct work which he/she has installed improperly, or for
repeated and obvious lack of ability or desire to perform his/her work
properly, when directed to do so by the Electrical Inspector. A license issued
under the provisions herein shall not be loaned, rented, assigned or
transferred.
NEC Section 110-5 Conductors. (Amend)
Conductors normally used to carry current shall
be copper. The sizes given in this code
shall apply to copper conductors. All
provisions of this code contrary to this section shall be invalid.
Article 230 Add, all metered service entrances
overhead, shall be in rigid metal conduit.
230.9 Add Section (D) “For a single family
dwelling, the electric service shall not, enter the building on the rear
elevation unless approved by the Building Official.
All wiring between the Meter Fitting and the
inside service panel, exceeding ten (10) feet shall require the proper over
current protection.”
At Article 250-52 add, new subsection (8) as
follows:
The service panel must be grounded with an appropriate
size conductor, to the street side of the water meter on the incoming copper
water main and a grounding rod next to the service. The water main meter shall
have a bond jumper.
Delete Article 310-14 in its entirety and
replace as follows:
Aluminum conductor material is prohibited in any
type of construction. Exception: High voltage riser systems owned by
Commonwealth Edison Company
In commercial and industrial installations all
switches for Fire Alarm, Burglar Alarm, Exit and Emergency Lighting Circuits,
shall be equipped with mechanical lockouts to prevent an accidental turn off of
the circuits.
All commercial/industrial parking facilities
having moderate to heavy traffic shall require Conduit or (IMC) under the paved
areas for all power and lighting installations.
Add to section 406.8 (B) All outside receptacles
shall have an enclosure that is weatherproof whether or not attachments are
plugged in.
Delete 680-8 Clearances. Add. No newly installed
above or in ground swimming pool, hot tub, or recreational equipment capable of
holding water shall be allowed within 10 feet under any aerial wiring
conductors.
All electrical service wiring is to be installed
along the lot lines and enter the meter fitting at ninety degrees to the lot
line.
Section 8-28 to 8-30.
Reserved.
ARTICLE VIII.
Section 8-31. Adoption of accessibility code.
That a certain document, a copy of which is on file in the office of the Code
Official of the City of Kankakee, being marked and designated as the Illinois
Accessibility Code (71 Ill. Adm. Code 400) as published by the Illinois Capital
Development Board, be and is hereby adopted as the Accessibility Code of the
City of Kankakee, in the State of Illinois, regulating and governing the built
environment, including all spaces and elements of all applicable buildings and
facilities in the City of Kankakee, State of Illinois, to ensure that all such
buildings and facilities are so designed, constructed, and/or altered to assure
the safety and welfare of all members of society and to be readily accessible
to, and usable by, environmentally limited persons; and each and all of the
regulations, standards, provisions, penalties, citations and terms of said
Accessibility Code on file in the office of the Code Official are hereby
referred to, adopted, and made a part hereof, as if fully set out in this
Ordinance, with the additions, insertions, deletions and changes, if any,
prescribed herein. (Ord 08-17)
Section
8-32 to 8-35. Reserved.
ARTICLE IX. VACANT PROPERTY CODE
SECTION 8-36: DECLARATION OF POLICY:
The following language
shall be added to said Chapter 8 as Section 8-36:
The purpose of this ordinance is to protect the
public health, safety and welfare by the enactment of this ordinance which:
(A) Establishes a program for identification,
registration, and regulation of buildings which are or become vacant on or
after the effective date of this ordinance.
(B) Determines the responsibilities of
owners of vacant buildings.
(C) Provides for administration, enforcement,
including abatement of public nuisances, and imposition of penalties.
This ordinance shall be
construed liberally to effect its purposes.
SECTION 8-37: OTHER ORDINANCES:
This chapter shall not
be construed to prevent the enforcement of other applicable ordinances, codes,
legislation, and regulations which prescribe standards other than are provided
herein, and in the event of conflict, the most restrictive shall apply.
SECTION 8-38: DEFINITIONS:
Unless otherwise expressly
stated or clearly indicated by the context, the following terms shall, for the
purpose of this ordinance, have the meanings indicated in this section.
BOARDED BUILDING: A building which has had, in a manner
intended to be temporary or permanent, any or all openings, which openings are
windows or doors which were present for the purpose of light, ventilation or
egress, some material whether opaque, solid or transparent, affixed to such
openings, from the interior, or exterior of the building, for the purpose of
securing or preventing access or damage to the building or its components.
BUILDING: Any structure occupied or intended for
supporting or sheltering any occupancy.
DANGEROUS BUILDING: A building defined as a “dangerous, unsafe building”
in the Municipal Code of the City of
DIRECTOR: The Code Official or his or her designee.
OWNER: Any person, agent, operator, firm or
corporation having a legal or equitable interest in the property; or recorded
in the official records of the state, count or municipality as holding title to
the property; or otherwise having legal control of the property, including the
guardian of the estate of any such person, and the executor or administrator fo the estate of such person if ordered to take possession
of real property by any court of competent jurisdiction.
PERSON: Includes a corporation, a partnership, a
trust or any other entity was well as an individual.
PREMISES: A lot, plot or parcel of land including any
structure thereon.
PUBLIC NUISANCE: Includes the following:
(A) The physical condition, or uses of any
building regarded as a public nuisance at common law, under the Illinois
Compiled Statutes of under this code; or
(B) Any physical condition, use or occupancy
or any building or its appurtenances considered an attractive nuisance to
children, including, but not limited to, abandoned wells, shafts, basements,
excavations, and unsafe fences or structures; or
(C) Any building which has unsanitary or non
functioning sewerage or plumbing facilities; or
(D) Any building designated by the director as
unsafe for human habitation or use; or,
(E) Any building which is manifestly capable
of being a fire hazard, or manifestly unsafe or insecure as to endanger life,
limb or property; or
(F) Any building which is unsanitary, or which
is littered with rubbish or solid waste, or which has an uncontrolled growth of
weeds; or
(G) Any building that is dangerous, in a state
of dilapidation, deterioration or decay; faulty construction; open or vacant
and the doors, windows, or other openings are boarded up or secured, by any
means other than conventional methods used in the design of the building or
permitted for new construction of similar type; damaged by fire to the extent
as not to provide shelter, in danger of collapse or failure and dangerous to
anyone on or near the premises; or
(H) Any building defined as a "dangerous,
unsafe building" by this ordinance, as it may be amended.
UNOCCUPIED BUILDING: A building or portion thereof which lacks
the habitual presence of human beings who have a legal right to be on the
premises, including buildings ordered vacated by the director pursuant to
authority granted to him by this code.
In determining whether a
building is "unoccupied", the director shall find one or more of the
following factors, among others:
(A)
A building at which substantially
all lawful residential or business activity has ceased.
(B) The percentage of the overall square
footage of occupied to unoccupied space or the overall number of occupied and
unoccupied units shall be considered.
(C) The building is substantially devoid of
contents. The condition and value of fixtures or personal property in the
building are relevant to this determination.
(D) The building
lacks utility services, i.e., water, sewer, electric or natural gas.
(E) The
building is the subject of a foreclosure action.
(F) The building is not actively for sale as
part of a contractual agreement to sell the building, the building lacks
"for sale", "for rent" or similar signage.
(G) The
presence or recurrence of uncorrected code violations.
VACANT BUILDING: A building or portion
of a building which is:
(A) Unoccupied
and unsecured; or
(B) Unoccupied
and secured by boarding or other similar means; or
(C) Unoccupied
and a dangerous structure; or
(D) Unoccupied and condemned by the director
pursuant to applicable provisions of this code; or
(E) Unoccupied
and has multiple code violations; or
(F) Unoccupied and the building or its
premises has been the site of unlawful activity within the previous six (6)
months; or
(G) Condemned
by the director and unlawfully occupied; or
(H) Unoccupied for over one hundred eighty
(180) days and during which time the director has issued an order to correct
public nuisance conditions and same have not been corrected in a code compliant
manner; or
(I) Unoccupied
for over two (2) years.
But not including:
Unoccupied buildings
which are undergoing construction, renovation, or rehabilitation and which are
in compliance with all applicable ordinances, codes, legislation, and
regulations, and for which construction, renovation or rehabilitation is
proceeding diligently to completion.
SECTION 8-39: DETERMINATION:
(A) Within
one-hundred twenty (120) days after the effective date of this ordinance, the
director shall evaluate all buildings in the city he believes to be unoccupied
on the effective date of this chapter and make a determination for each as to
whether the building is a "vacant building" within the meaning
of this ordinance. The director may
determine that a building which meets any of the criteria set forth herein is
not to be regulated under this ordinance for a stated period, if upon
consideration of reliable, substantiated and sufficient evidence, he or she
determines that regulation of the building under this chapter would not serve
the public health, welfare, and safety and makes written findings in support of
his decision. The determination shall be in writing and shall state the factual
basis for the determination.
(B) For buildings the director determines to
be "vacant buildings", he shall, within fourteen (14) days of making that
determination, send notice of his written determination with the factual
findings to the last taxpayer of record listed on the most recent Kankakee
County tax roll. Said notice of determination shall be sent by both certified mail, return receipt requested and first
class
(C) The
notice shall require the owner to arrange a mutually convenient time within
fourteen (14) days of the notice to arrange a code compliance inspection of the
interior of the vacant building to determine the extent of compliance with city
property, building codes, health, fire, water and sewer codes. In the event that the owner shall fail to
arrange an appointment, the director shall send a notice establishing a date
ant time for said inspection. The owner
shall pay the Two Hundred and no/100s dollars ($200.00) inspection fee to the
city within thirty (30) days of the inspection. An unpaid fee shall be a lien
upon the premises.
(D) The
notice shall contain a copy of this ordinance, a copy of the registration form
the owner is required to file pursuant to this Ordinance, and a notice of the
owner's right to appeal the director's determination.
SECTION 8-40: APPEAL OF DETERMINATION:
(A) An owner of a building determined by the
director to be a vacant building as provided for in this ordinance may appeal
that determination to the Corporation Counsel or his or her designee. Such
appeal shall be in writing and shall be filed with the Law Department within
fifteen (15) days of the date of mailing of the notice of determination. The
filing of an appeal stays the owner's obligation to register his building as
required by this Ordinance. The appeal shall contain a complete statement of
the reasons the owner disputes the director's determination, shall set forth
specific facts in support thereof, and shall include all evidence the owner
relies upon to support the appeal. The Corporation Counsel shall decide the
appeal on the basis of facts presented by the owner in his or her written
appeal and the director's written determination.
(B) The burden is upon the owner to present
sufficient evidence to persuade the Corporation Counsel that had the evidence
been known to the director at the time the director made the determination, the
director would more likely than not have determined that the subject building
was not a "vacant building" within the meaning of this ordinance.
(C) The Corporation Counsel shall send written
notice of his decision to the owner within ten (10) days of his or her receipt
of the appeal. The Corporation Counsel may, but is not required to, seek
additional information from the owner. The Corporation Counsel may, upon
written notice thereof to the owner, take no more than ten (10) additional
days, to decide the appeal if he or she determines that such additional time is
required for consideration of the appeal.
(D) An owner who wishes to challenge
applicability of this ordinance to his/her building without the director's
determination having been made, shall set forth specific facts to support nonapplicability in a writing to the director. In the event
the director determines that the subject building is a "vacant
building", the owner shall have the right to appeal the director's
determination to the Corporation Counsel as provided herein.
SECTION 8-41: OBLIGATION
TO REGISTER:
The owner of a building
who knows, or from all the facts and circumstances should know, that his or her
building is or has become a "vacant building" within the meaning of
this Ordinance after the effective date of this Ordinance or the owner of a
building, which the director determines at any time to be a "vacant
building", or the owner of a building whose appeal from the director's
determination has been denied by the Corporation Counsel shall take the actions
provided for in this section within fifteen (15) days after either the date of
the director's notice of determination or occurrence of the facts which would
cause a reasonable person to believe that the building was a "vacant
building", or denial of the appeal, whichever is applicable. Registration
does not exonerate the owner from compliance with all applicable codes and
ordinances, including this ordinance, nor does it preclude any of the actions
the city is authorized to take pursuant to this ordinance or elsewhere in this
code.
(A) Registration Requirements:
1. Register the building with the Code
Enforcement Officer, on a form provided by the director and pay
the one hundred dollar ($100.00) annual nonprorated
vacant building registration fee. The form shall include, as a minimum, the
name, street address, and telephone number of the owner; the case name and
number of any litigation pending concerning or affecting the building,
including bankruptcy cases; and the name, street address, and telephone number
of all persons with any legal interest in the building or the premises. The form shall require the owner to identify
a natural person twenty one (21) years of age or older who maintains a
permanent address in Kankakee County, Illinois, to accept service on behalf of
the owner with respect to any notices the director sends pursuant to this
ordinance or service of process in any proceeding commenced to enforce any
provision of this ordinance, and file with the director on the registration
form, the name, address, telephone number, of said person.
2. Renew the vacant building registration
each year on the anniversary date of the first filing for the time the building
remains vacant and pay the required one hundred dollars ($100.00) annual fee;
and
3. File an amended registration within
fifteen (15) days of any change in the information contained in the annual
registration. A new registration is required for any change in ownership
whatsoever.
(B) Notice; Inspection:
The form shall require
the owner to indicate his or her "acceptance of notice by posting"
consenting to service of notices sent or required to be sent, pursuant to this
ordinance, by posting on the building if the owner fails to renew the
registration if required, or maintain as current with the director the
information required regarding the person designated to accept notice and
service of process.
The owner shall allow
for a code compliance inspection of the interior of the vacant building and
shall pay the Two Hundred and no/100s dollars ($200.00) fee therefore within thirty
(30) days of the inspection. Such inspection will determine the extent of
compliance with city property, building codes, health, fire, water and sewer
codes. The city shall send the inspection report to the owner within thirty
(30) days.
(C) Insurance:
Obtain liability insurance and maintain such
insurance for as long as the building is vacant, and file evidence of such
insurance with the director, as follows: one hundred thousand dollars
($100,000.00) for a vacant residential building of one to three (3) units; five
hundred thousand dollars ($500,000.00) for a vacant residential building of
four (4) to eleven (11) units; one million dollars ($1,000,000.00) for a vacant
residential building of twelve (12) or more units; and two million dollars ($2,000,000.00)
for a vacant manufacturing, industrial, storage, or nonresidential commercial
building.
(D) Vacant Building Plan:
At the time a building is registered as required
herein, the owner shall submit a vacant building plan. The director may prescribe
a form for the plan. If the owner fails to submit the plan as provided for by
this ordinance, the director may determine the plan. The plan shall contain the
following as a minimum:
1. A plan of action to repair any doors,
windows, or other openings which are boarded up or otherwise secured by any
means other than conventional methods used in the design of the building or
permitted for new construction or similar type. The proposed repair shall
result in openings being secured by conventional methods used in the design of
the building or by methods permitted for new construction of similar type with
board removed. Boarding shall be
accomplished with materials and methods described by the director. The owner shall
maintain the building in an enclosed and secure state until the building is
re-occupied or made available for immediate occupancy. If the owner
demonstrates that securing of the building will provide adequate protection to
the public, the director may waive the requirement of an enclosure.
2. For buildings and premises thereof which
are determined by the director as being or containing public nuisances, as
defined in this ordinance, then the vacant building plan shall contain a plan
of action to remedy such public nuisance(s).
3. A time schedule identifying a date of
commencement of repair and date of completion of repair for each improperly
secured opening and nuisance identified by the director.
4. When the owner proposes to demolish the
vacant building, then the owner shall submit a plan and time schedule for such
demolition.
5. A plan of action to maintain the
building and premises thereof in conformance with this ordinance.
6. A plan of action, with a time schedule,
identifying the date the building will be habitable and occupied or offered for
occupancy or sale. The time schedule shall include date(s) of commencement and
completion of all actions required to achieve habitability. No plan which
provides for compliance with this ordinance or, which will not, as determined
by the director, achieve such compliance, within six (6) months, in the case of
a vacant boarded building, and two (2) years, in the case of a vacant, unboarded, and code compliant building will be approved.
7. All premises upon which unoccupied or vacant
buildings are located and the exteriors shall at all times be
maintained in compliance with this code.
8. Exterior lighting according to standards
established by the director and available from the director.
(E) Security Guard Service:
On written notice of the director, in the case
of a business, commercial or industrial property, provide bonded, licensed, and
insured security guard service at the building between the hours of three
o'clock (3:00) P.M. and eight o'clock (8:00) A.M. Such service to remain in
place until the director gives written notice that the service is no longer
required. Such service shall be required when the director makes a written
determination that the vacant building constitutes a fire hazard, is otherwise
dangerous to human life or the public welfare, involves
illegal or improper use, occupancy, or maintenance, under such conditions that
boarding and securing the building are insufficient to prevent the actual or
threatened harm.
(F) Signage:
Affixed in a public place and visible to the
public located upon or adjacent to the main entrance door to any building which
is boarded, a weatherproof notice, compliant with the city's sign regulations
ordinance, Article 12 of this title, and providing the following information:
The name, address, and telephone number of the owner, and in addition, for
buildings which are the subject of a foreclosure action, the name, address, and
telephone number of the plaintiff and the plaintiff's attorney, if any, in the
foreclosure action. The sign must be placed so that its message is legible from
the public way.
SECTION 8-42: APPROVAL OF PLAN:
(A)
(B)
Standards For Plan Approval: In considering the appropriateness of a
vacant building plan, the director shall include the following in his or her
consideration and shall make written findings as to each:
1. The purposes of this Ordinance and
intent of the city council to minimize the time a building is boarded or
otherwise vacant.
2. The effect of the building and the
proposed plan on adjoining property.
3. The length of time the building has been
vacant.
4. The presence of any public nuisances
on the property.
5. The likelihood that the plan or
portion(s) thereof will prevent or ameliorate the condition it is designed to
address.
SECTION 8-43: AUTHORITY TO MODIFY PLAN, RIGHT OF APPEAL:
The director shall, upon
notice to the vacant building owner, have the right to modify the vacant
building plan by modifying the dates of performance, the proposed methods of
action, or by imposing additional requirements consistent with this ordinance
he or she deems necessary to protect the public health, safety, or welfare.
SECTION 8-44: FAlLURE TO COMPLY
WITH PLAN:
Failure to have an
approved plan within thirty (30) days of filing the registration form or
failure to comply with the approved plan shall constitute a violation of this
ordinance subjecting the owner of the building to penalties as provided in this
ordinance and to any remedies the city may avail itself of as provided for
herein and elsewhere in this code, including, but limited to, an action to
compel correction of property maintenance violations.
SECTION 8-45: OTHER ENFORCEMENT:
The registration of a
vacant building shall not preclude action by the city to demolish or to take
other action against the building pursuant to other provisions of this
ordinance, this code, or other applicable legislation.
SECTION 8-46: CERTIFICATION:
A certificate of code
compliance for vacant buildings issued by the Director and payment in full of all
fees imposed pursuant to this ordinance are required prior to any occupancy of
a vacant building.
SECTION 8-47: BOARDING OF BUILDINGS:
It is the policy of the
City of
A vacant building which
is unboarded and code compliant and for which
boarding is determined by the director on the basis of police reports, citizen
complaints, and other information of other type considered reliable by
reasonable persons, to not require boarding to prevent unauthorized entry may
not remain vacant for more than two (2) years without an approved plan for
occupancy, sale, demolition, or other disposition of the building.
SECTION 8-48: ENFORCEMENT AND PENALTIES:
(A) Any person found to have violated any
provision of this ordinance shall be subject to a minimum fine of one hundred
dollars ($100.00) per day per violation to a maximum of seven hundred fifty
dollars ($750.00) per day per violation, in addition to any other legal or
equitable remedies available to the city. Such other remedies include, but are
not limited to, injunctive relief, application to a court of competent
jurisdiction for a receiver, demolition, or condemnation, contracting for the
repair or purchase of the premises, or foreclosure of any lien the city may have
thereon.
(B) A separate and distinct offense shall be
committed each day on which such person or persons shall violate the provisions
of this ordinance.
(C) The city may enforce this ordinance in its
administrative adjudication system or through the court system. Administrative
adjudication shall be conducted in accordance with the provisions of this code,
as it may be amended.
(D) Nothing herein contained shall prohibit
the city from immediately condemning as provided for in this code a building or
taking other immediate action upon a determination that the building is a
public nuisance or poses an imminent danger to the occupants of the building,
or the public, health, safety and welfare.
SECTION 8-49: SEVERABILITY:
In the event any section
of this ordinance or any part of any section of this ordinance is declared to
be unconstitutional, such decision shall in no way affect the operation of any
other section or part thereof the remainder of this ordinance shall remain in
full force and effect. (Ord. 09-06; 2/17/09)
INDEX
Art.
I General Building Code, Secs. 8‑1 ‑ 8‑5
Art.
II Residential Building
Code, Secs. 8‑6 ‑ 8‑10
Art.
III Mechanical Code, Secs. 8‑11 ‑ 8‑12
Art.
IV Gas Code, Secs. 8‑13 ‑ 8‑15
Art. V Property
Maintenance Code, Secs. 8‑16 ‑ 8‑20
Art. VI Plumbing
Code, Secs. 8‑21
Art.
VII Electrical Installations, Secs. 8‑140
Art.
VIII
Div. l. Generally, Secs. 8‑35 ‑ 8‑48
Div.
2. Registration of Electrical Contractors,
Secs. 8‑49 ‑ 8‑59
Div.
3. Permits, Secs. 8‑60 ‑ 8‑67
Div.
4. Standards of Electrical Design
Secs. 8‑68 ‑ 8‑109
Art. IX VACANT
BUILDING CODE, Secs. 8-36 – 8-49