O-11-05VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -5
AN ORDINANCE AMENDING ARTICLE 3 ( "DANGEROUS BUILDINGS")
OF CHAPTER 6 ( "BUILDING ") OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
7th day of February , 2011.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
7th day of February , 2011.
,✓
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -11 -5
AN ORDINANCE AMENDING ARTICLE 3 ( "DANGEROUS BUILDINGS ")
OF CHAPTER 6 ( "BUILDING ") OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD
WHEREAS, the Village of Deerfield (the "Village ") is a home rule unit of government
pursuant to Article VII, Section 6, of the Illinois Constitution of 1970; and,
WHEREAS, as a home rule municipality, the Village may exercise any power and perform
any function pertaining to its government and affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare; and,
WHEREAS, buildings and other man -made structures that are so dilapidated, decayed,
unsafe or unsanitary that they are unfit for human habitation, or are a hazard to the occupants of
neighboring structures, are public nuisances in that they contribute to the decrease in value of
surrounding properties, provide a location for criminal activity, increase the peril of fire, undermine
the aesthetic character of neighborhoods and the Village in general, and have other undesirable
affects that threaten the health, safety and welfare of the public; and,
WHEREAS, the abatement of public nuisances caused by buildings and structure which are
dilapidated, decayed, unsafe or unsanitary is in the best interest of the residents of the Village; and,
WHEREAS, the corporate authorities of the Village have determined that the regulations
contained in Article 3 ( "Dangerous Buildings ") of Chapter 6 ( "Building ") of the Deerfield Municipal
Code should be amended as provided herein as a further means for the Village to maintain and
enforce the health, sanitation, occupancy and safety standards of buildings and structures within the
Village, and to avoid, minimize and eliminate the adverse health, safety, environmental and
economic effects such buildings have on the use, enjoyment and well being of neighboring
properties, residents, neighborhoods and communities within the Village;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: The above and foregoing recitals, being a material part of this Ordinance, are
incorporated and made a part of this Ordinance as if fully set forth herein.
SECTION 2: That Section 6 -23 of Article 3 ( "Dangerous Buildings ") of Chapter 6
( "Building ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to
read as follows (additions are indicated by underscorins and deletions are indicated by str keth oug
markings):
Sec. 6 -23. Definition; nuisance.
(a) The term "dangerous building" or "dangerous excavation" as used in this
Article, is hereby defined to mean and include:
(1) any building or excavation, shed, fence, or other man -made structure
which is dangerous to the public health because of its condition, and which
may cause or aid in the spread of disease or injury to the health of the
occupants of it or of neighboring structures;
(2) any building or excavation, shed, fence, or other man -made structure
which because of faulty construction, age, lack of proper repair or any other
cause, is especially liable to fire, and constitutes or creates a fire hazard;
(3) any building or excavation, shed, fence, or other man -made structure
which, by reason of faulty construction or any other cause is liable to cause
injury or damage by collapsing or by a collapse or fall of any part of such
structure;
(4) any building or excavation, shed, fence, or other man -made structure
which because of its condition, or because of lack of doors or windows is
available to and frequented by malefactors or disorderly persons who are not
lawful occupants of such structure;
(5) any building or excavation, shed, fence, or other man -made structure
which because of its condition, or because of lack of doors or windows, is
available to entry by, and is hazard to, uninvited persons;
(6) any building, shed, fence, or other man -made structure which has become
or is so dilapidated or decayed or unsafe or unsanitary that it is unfit for
human habitation, or is a hazard to neighboring structures or the occupants of
neighboring structures:
(7) any building, shed, fence, or other man -made structure which has been
damaged by fire, wind or other causes so as to have become dangerous to the
life, safety, health or welfare of the occupants of such structure, or the
occupants of neighboring structures.
(b, The term "building" as used in this Article shall mean any building or
structure designed, constructed,_ intended or used for human occupancy or
habitation.
Oc the term "owner" means every person, entity, agent, firm or corporation, who
independently, jointly or severally with others:
(1) has legal or equitable title to any building, or the premises on which such
building is located;
(2) has care, charge, possession, custody or control of any building in any
capacity, including but not limited to agent, executor, administrator, trustee or
guardian;
SECTION 3: That Section 6 -24 of Article 3 ( "Dangerous Buildings ") of Chapter 6
( "Building ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to
read as follows (additions are indicated by underscoring and deletions are indicated by striledwough
markings):
Sec. 6 -24. Dangerous building prohibited.
(a) No person shall maintain or permit the existence of any dangerous building or
dangerous excavation in the Village.
(b) No person being the owner, occupant or person in custody of any dangerous
building or dangerous excavation shall permit the same to remain in a
dangerous condition.
(c) Any dangerous building or dangerous excavation in the Village is hereby
declared to be a public nuisance.
(d) The Director of Building and Zoning is hereby empowered to make such
interior and exterior inspections as may be necessary to see to the
enforcement of this section, and to make any test or examination of materials,
structures or other conditions to assist with the enforcement of this section.
SECTION 4: That Section 6 -25 of Article 3 ( "Dangerous Buildings ") of Chapter 6
( "Building ") of the Municipal Code of the Village of Deerfield be and the same is hereby amended to
read as follows (additions are indicated by underscoring and deletions are indicated by str4ketlifeugk
markings):
Sec. 6 -25. Abatement of dangerous building; procedure.
(a) When the Director of Building and Zoning, or the Health Officer shall be of
the opinion that any building in the Village is a dangerous
building, or that any excavation in the Village is a dangerous excavation, he
shall file a written statement to this effect with the Village Manager.
(b) The manager shall thereupon, cause written notice to be served upon the
owner thereof, and upon the eeeapant thereof if any, by registered by
certified mail, return receipt requested, or by personal service. In the event
that service in this fashion is unsuccessful, it shall be sufficient service upon
the owner to send such written notice by first class United State mail, with
proper postage prepaid, to the last taxpayer of record of the premises on
which the building or excavation is located as listed in the records of the Lake
County Treasurer or Cook County Treasurer.
(c) Such notices shall state the building or excavation has been declared to be in
a dangerous condition and a public nuisance, that such public nuisance
'en must be removed or remedied by repairing } -el: altering,
dangefeus or demolishing the building, of by demolishing it, or by completing,
removing or filling the excavation, and that the condition must be remedied at
once.
(d) Such notice may be in the following form directed to one or more of the
owners of the premises on which the building is located:
wwrs: w quo ie, :a. +:. w �:w�:: r ni�niw �s:.v :i �� � � � n�m�,. �.w � a _.ate �.�T�n�s ��!�• ffsf
You are hereby notified that [describe building or excavation] on the
premises above described has been condemned as a wee- axa- a
(dangerous building or dangerous excavation] and a public nuisance after
inspection by the [Director of Building and Zoning or the Health Officer].
You must either i remedy ewer -this condition by [repairing, altering, or
demolishing the building, or by carp leting, removing or filling the
excavation], in accordance with the applicable requirements of the Municipal
Code of the Village of Deerfield, within twenty (20) days after the date of this
notice: or (ii) appeal the determination that the building or excavation is
dangerous as defined in Section 6 -23 of the Deerfield Municipal Code to the
Board of Appeals as provided in Section 13 -1 of the Code within twenty (201
days after the date of the notice. ^r a°melish the building immediately, or the
Village will pfeeeed to do so."
(e) It shall be a violation of this ordinance if the person receiving such notice has
not eemplied herewith remedied the dangerous condition as identified in such
notice. within twentv (20) days from the time when this notice is served upon
such person, or taken an appeal from the det°ffli nation of the of ieef of
ernpleyee finding that a dangerous building or dangerous excavation exists
within twenty ten -(20) days from the time when this notice is served upon
such person. by personal sen,iee or by registered rnail, the Difeetor of
Building and Zoning, upon orders ef the President and Board of Trustees
preeeed to remedy the eendition of dernolish the dangerous building.
SECTION 5: That Article 3 ( "Dangerous Buildings ") of Chapter 6 ( "Building ") of
the Municipal Code of the Village of Deerfield be and the same is hereby amended to add the
following as Section 6 -25A entitled "Enforcement and Penalties ", which shall read as
follows:
Sec. 6 -25A. Enforcement and Penalties.
(a) Any person found to have violated any provision of this Article shall be
subject to a fine of not less than One Hundred Dollars ($100.00) per day, and
not more than Seven Hundred and Fifty Dollars ($750.00) per day, per
violation, in addition to any other legal or equitable remedies available to the
Village, including but not limited to injunctive relief, application to a court of
competent jurisdiction for appointment of a receiver, demolition,
condemnation, securing the building or excavation, and summary abatement
of nuisance.
(b) A separate and distinct offense shall be deemed committed on each day or
part thereof on which such violation exists or continues.
(c) If the person receiving the notice provided in Section 6 -25 of this Article to
abate a public nuisance fails to either remedy the dangerous conditions as
identified in the such notice, or appeal the finding that a dangerous building
or dangerous excavation exists to the Board of Appeals, in addition to any
other legal or equitable remedies available to the Village, the Director of
Building and Zoning, upon orders of the President and Board of Trustees,
may proceed to remedy the public nuisance condition or demolish the
dangerous building.
(d) Costs incurred by the Village to abate the public nuisance or to remedy the
dangerous conditions as identified in the notice provided pursuant to Section
6 -25 of this Article shall be reimbursed by the owner of the property, and the
Village shall have a lien upon the property for the costs incurred by the
Village to abate the public nuisance or to otherwise remedy the dangerous
condition, including any penalties or fees assessed or imposed upon the
owner or the subject property.
(e) Except as necessary to comply with this Article, no building or occupancy
permits shall be issued for a property that has been found to be a public
nuisance pursuant to notice as provided in Section 6 -25 of this Article until
the public nuisance has been abated, the dangerous condition remedied, all
demolition and site restoration work has been completed in accordance with
the requirements of the Village Code, and all costs, penalties or fees have
been paid or reimbursed to the Village.
SECTION 6: That Section 13 -1 ( "Property Maintenance Code ") of Chapter 13 ( "Housing ")
of the Municipal Code of the Village of Deerfield is hereby amended to read as follows (additions
are indicated by underscoring and deletions are indicated by str-ikethfough markings):
Section 13 -1. Property Maintenance Code:
The 2006 Edition of the International Property Maintenance Code, as
published by the International Code Council, Inc., is hereby adopted by reference and
incorporated as if fully set forth herein, with the following modifications:
(1) Section 602. Omitted.
(2) Section 13.2, Minimum Requirements, is amended to read as follows:
(a) every residential rental dwelling shall be provided with heating
facilities capable of maintain a temperature of sixty -five degrees
Fahrenheit (18 degrees Celsius) at a level of three feet (3 ft., 914
mm.) above the floor and a distance of three feet ( 3 ft. 914 mm.)
from the exterior wall in all habitable rooms, bathrooms and toilet
rooms.
(b) Every owner and operator of any building who rents, leases or
lets one or more dwelling units, rooming units, dormitory or guest
rooms on terms, either expressed or implied, to furnish heat to the
occupants, shall supply sufficient heat during the period from
September 1 to May 1 to maintain a room temperature of not less than
sixty -five degrees Fahrenheit (18 degrees Celsius) in all habitable
rooms, bathrooms and toilet rooms during the hours between six
thirty o'clock (6:30) a.m. and ten thirty o'clock (10:30) p.m. of each
day, and not less than sixty degrees Fahrenheit (08 degrees Celsius)
during other hours. This temperature shall be measured at a point
three feet (3 ft., 914 mm.) above the floor and three feet (3 ft. 914
mm.) from the exterior wall. When the outdoor temperature is blow
the outdoor design temperature required for this locality, the owner or
operator shall not be required to maintain the minimum room
temperatures, provided the heating system is operating at full
capacity, with supply valves and dampers in a full open position. A
failure to maintain the minimum indoor temperatures as required by
this Section will render a residential rental dwelling unfit for human
occupancy until enough heat can be supplied.
(3) Section 111.1 (Application for Anneal) is amended to read as follows:
Any person directly affected by a decision of the code official or a notice or
order issued under this code, or under Section 6 -25 of the Deerfield
Municipal Code, as amended, shall have the right to appeal to the Board of
Appeals, provided that a written application for appeal is filed within twenty
(20) days after the day the decision, notice or order was served. An
application for appeal shall be based on a claim that the true intent of this
code, or of Sections 6 -23 through 6 -25A of the Deerfield Municipal Code, or
the rules legally adopted thereunder have been incorrectly interpreted, the
provisions of this code or such sections do not fully apply, or the
requirements of this code or such sections are adequately satisfied by other
means.
SECTION 7: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law in
that regard within its jurisdiction.
SECTION 8: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 7th day of February , 2011.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
APPROVED this 7th day of February , 2011.
r
Village Preside t
ATTEST:
64K4Tq1
Village'
illa e Clerk