O-94-38ORDINANCE NO. 0 -94 -38
AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED,
AND PROVIDING FOR CERTAIN HEATING MINIMUMS
FOR RESIDENTIAL RENTAL DWELLINGS
Published in pamphlet form this
7th day of Novemher , 1994
by the President and Board of Trustees
of Deerfield.
JKS\5691.1 10/31/94
ORDINANCE NO. 0 -94 -38
AN ORDINANCE AMENDING CHAPTER 13 OF THE.MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED,
AND PROVIDING FOR CERTAIN HEATING MINIMUMS
FOR RESIDENTIAL RENTAL DWELLINGS
WHEREAS, the Village of Deerfield has become aware that no
minimum heating requirements for residential rental dwellings
exist; and
WHEREAS, the Mayor and the Board of Trustees believe it is
in the best interest of the Village to provide such minimums.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the Board of
Trustees of the Village of Deerfield, Lake and Cook Counties,
Illinois, as follows:
SECTION That Chapter 13 of the Municipal Code of the
Village of Deerfield of 1975, as amended, be and is hereby
further amended by adding a new Article 2 to read as follows:
Article 2. Heating Requirements for Residential Rental
Dwellings.
Sec. 13 -2. Minimum Requirements.
(a) Every residential rental dwelling shall be
provided with heating facilities capable of maintaining
a temperature of 65 °F (18 °C) at a level of three feet
(914 mm) above the floor and a distance of three feet
(914 mm) from the exterior walls in all habitable
rooms, bathrooms and toilet rooms based on the outside
design temperature required for this locality as
referenced in the Boca National Mechanical Code /1993.
(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 65 °F (18 °C) in all
habitable rooms, bathrooms and toilets during the hours
between 6:30 a.m. and 10:30 p.m. of each day and not
less than 60 °F (16 °C) during other hours. This
temperature shall be measured at a point three feet
(914 mm) above the floor and three feet (914 mm) from
the exterior wall. When the outdoor temperature is
below the outdoor design temperature required for this
locality by the Boca National Mechanical Code /1993, 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
JKS \5691.1 10/31/99 2
ORDINANCE NO. 0 -94 -38
AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED,
AND PROVIDING FOR CERTAIN HEATING MINIMUMS
FOR RESIDENTIAL RENTAL DWELLINGS
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.
Sec. 13 -3. Inspections.
The inspection of residential rental dwellings,
the issuance of notices and orders and the enforcement
thereof shall be the responsibility of a Village
Officer designated from time to time. The designated
Village Officer is authorized, upon notice to the
occupants, to enter residential rental structures or
premises at reasonable time to inspect. Prior to
entering into a space not otherwise open to the general
public, the designated Village Officer shall make a
reasonable effort to notify the owner or other person
having managerial charge or control of the residential
structure or premises.
Sec. 13 -4. Records.
An official record shall be
and activities of the designated
pursuant to this Article, and all
open to public inspection at all
according to reasonable rules to
and security of such records.
Sec. 13 -5. Violations.
kept of all business
Village Officer acting
such records shall be
appropriate times and
maintain the integrity
. (a) It shall be unlawful for any person, firm or
corporation to let to another or to permit another
person to occupy any residential rental structure in,
violation of any of the provisions of this Article, or
to fail to obey a lawful order or citation of the
designated Village Officer.
(b) Any owner of a residential rental dwelling
who shall fail to correct a violation of this Article
within 12 hours of written or oral notice of such
violation by the Village shall be subject to a fine of
not less than $50.00 per day per residential rental
dwelling in violation of this Article. Each day that a
JKS \5691.1 10/31/94 - 3 -
ORDINANCE NO. 0 -94 -38
AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED,
AND PROVIDING FOR CERTAIN HEATING MINIMUMS
FOR RESIDENTIAL RENTAL DWELLINGS
violation continues after notice has been served shall
be deemed a separate offense.
(c) In case of any unlawful acts the designated,
Village Officer may institute any other appropriate
action or proceeding at law against any person in
violation of this Article. Also, the designated
Village Officer may ask the Village's legal counsel tc
proceed at law or in equity against the person
responsible for the violation for the purpose of
ordering that person:
1. To correct the violation;
2. To correct, maintain, or repair such
structure; or
3. To prevent the occupancy of the
structure that is not in compliance with
the provisions of this Article.
(d) Whenever the designated Village Officer
determines that there has been a violation of this
Article or has grounds to believe that a violation has
occurred, notice shall be given to the owner or the
person or persons responsible therefore in the manner
prescribed above.
Sec. 13 -6 Emergency Situations.
(a) Notwithstanding other provisions of this
Article, whenever, in the opinion of the designated
Village Officer there is imminent danger due to an
unsafe condition, the designated Village Officer shall
order the necessary work to be done to render such
structure temporarily safe whether or not the legal
procedures herein described have been instituted; and
shall cause such other action to be taken as the
designated Village Officer deems necessary to meet such
emergency.
(b) For the purposes of this section, the
designated Village Officer shall employ the necessary
labor or materials to perform the required work as
expeditiously as possible.
JKS \5691.1 10/31/94 4
ORDINANCE NO. 0 -94 -38
AN ORDINANCE AMENDING CHAPTER 13 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD OF 1975, AS AMENDED,
AND PROVIDING FOR CERTAIN HEATING MINIMUMS
FOR RESIDENTIAL RENTAL DWELLINGS
(c) Costs incurred in the performance of
emergency work shall be paid by the Village Finance
director on approval of the designated Village
Officer. All such costs shall immediately thereafter
be billed to the property owner and, if necessary, the
Village's legal counsel shall institute appropriate
action against the owner of the residential rental
dwelling where the unsafe condition is or was located
for the recovery of all of such costs."
SECTION That the Village Clerk is hereby directed to
SIX: publish this Ordinance in pamphlet form.
SECTION That this Ordinance shall be in full force and
SEVEN: effect from and after its passage, approval and
publication, as provided by law..
AYES: Ehlers, Heuberger, Rosenthal, Seidman, Swanson, Swartz (6)
NAYS: None ( 0 )
ABSENT: None (0)
PASSED this '17,tYi-1 day of
APPROVED this 7th day o
VIISIAGE CLERK
November
November
JKS \5691.1 10/31/94 5
A.D., 1994.
A.D.,
LLAGE PRESIDENT
994