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O-07-08VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -07 -08 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ESTABLISH REQUIREMENTS FOR THE PROPER COMPLETION OF WORK AUTHORIZED BY BUILDING AND DEMOLITION PERMITS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 20th day of February , 2007. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 20t day of February , 2007. VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0- 07 -'08 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO ESTABLISH REQUIREMENTS FOR THE PROPER COMPLETION OF WORK AUTHORIZED BY BUILDING AND DEMOLITION PERMITS WHEREAS, the Village of Deerfield has experienced and continues to experience extensive redevelopment of its single- family residential neighborhoods marked by the demolition of smaller existing houses, the construction of new, larger homes and the extensive renovation and remodeling of existing homes with large additions; and, WHEREAS, the extensive construction activity necessarily involved with the improvement, rejuvenation and replacement of the Village's housing stock can also result in unreasonable disruption, disturbance and annoyance for neighboring property owners when demolition and construction activities are unnecessarily prolonged, and when construction sites are managed improperly or in violation of Village codes and ordinances; and, WHEREAS, the proper demolition of a single- family structure is not a time - consuming process and should be promptly followed by either the construction of a new single - family residence or the filling and restoration of the demolition site; and WHEREAS, most single- family residential construction activity can be completed in a period of not more than twelve (12) months when managed with reasonable competence and diligence; and, WHEREAS, the President and Board of Trustees of the Village of Deerfield have been advised that certain single - family demolition and construction sites have not been diligently pursued to completion by the owners and contractors responsible for such sites; and, WHEREAS, the owners and contractors responsible for some single - family construction sites have allowed their building permits to expire, even while pursuing other projects to completion, resulting in unnecessary and unreasonable disruption, disturbance and annoyance for nearby property owners and the consumption of Village resources and staff time for responding to resulting enforcement issues and resident complaints; and, WHEREAS, the owners and contractors responsible for some single - family construction sites have failed or refused to respond to Village complaints concerning inactive, incomplete and unkempt construction sites; and WHEREAS, the President and Board of Trustees of the Village of Deerfield are of the opinion that additional regulations are needed as set forth herein to require that single - family demolition and construction activities be conducted with diligence and reasonable care for the peace, comfort, health and safety of nearby residents and property owners; to require the posting of bonds and sureties to guarantee prompt and diligent performance of such requirements; to empower the Village to enter construction sites and take such actions as may be necessary to mitigate the negative effects that uncompleted construction sites can have on nearby residents, surrounding neighborhoods and the Village; and to empower the Village to draw upon such performance guarantees to satisfy completion delay penalties and costs incurred by the Village in undertaking mitigation actions on the default of the owners; 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: -2- SECTION 1: That the above and foregoing recitals, being material to this ordinance, are incorporated and made a part hereof as if fully incorporated herein. SECTION 2: That Section 6 -4, Paragraph (a), of Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to read as follows: Sec. 6 -4. Applications and Certifications; Disclosure of Owners: (a) Applications for building permits shall be submitted in duplicate to the Director of Building and Zoning and shall be accompanied by plans, elevations, critical sections and details drawn to scale and specifications so as to clearly show the method of construction and materials to be used. Applications shall also be accompanied by a written disclosure identifying the building permit applicant and, if different, the legal and beneficial owners of the zoning lot for which a building permit is requested. A duly authorized owner, trustee, corporate officer, general partner or managing agent shall make the disclosure(s), under oath, as the case may be, identifying: (1) Land Trusts: The name, address and interest of all persons, firms or other entities who are the beneficiaries of such land trust. (2) Corporations: The name and address of all corporate officers; the name and address of all persons who own five percent (5 %) or more of any class of stock in the corporation; and the name and address of the registered agent. (3) Partners and Limited Liability Corporations: The name and address of all general and limited partners. (4) Limited Liability Companies: The name and address of all members and managers and of the registered agent. (5) Other Persons or Entities: The name and address of every person having a proprietary interest, an interest in profit and losses, or the right to control any entity or venture so disclosed. SECTION 3: That Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -10 thereof: Sec. 6 -10. Demolition Permits; Site Restoration; Time Limits: -3- (a) Except as provided in paragraph (b) hereof, demolition permits for all habitable structures shall be issued for a period of time reasonably necessary, as determined by the Director of Building and Zoning, for contractor mobilization, demolition of the structure and clearing the site and (if applicable) filling of the excavation, including the institution of appropriate measures by the applicant for protection of the health, safety and welfare of the public, contiguous property owners and persons engaged in performing the demolition work, but in no event for a period of time in excess of six (6) months. (b) A demolition permit issued for a single - family residence shall be valid for forty -two (42) days. (c) A storm water drainage plan shall be required in accordance with Article 10 of this Chapter as a condition for the issuance of a demolition permit for any site. If a building permit is issued for construction of a new single - family residence at the same time as a permit for demolition of an existing single - family residence on the same zoning lot, the storm water drainage plan shall show the proposed conditions and drainage patterns after completion of the new construction. (d) Upon completion of the demolition in accordance with the terms and conditions of the permit, the applicant and lot owner shall cause the site to be restored in accordance with the terms and conditions of the permit prior to expiration of the permit. All demolition debris and refuse shall be properly disposed of outside the corporate limits of the Village in accordance with all applicable environmental laws and regulations. (e) If substantial construction of a new principal structure has not commenced within twenty -eight (28) days of expiration of the demolition permit, the applicant and lot owner shall cause the site to be restored not later than fourteen (14) days thereafter. Restoration of the site shall include permanent disconnection of sewer and water services at the respective mains; removal and proper disposal of all rubbish and debris; removal of all tree and protective fencing; restoration of all damaged public property; restoration of any damage to adjacent properties; and final grading and seeding of the site in accordance with an approved storm water drainage plan. Erosion control measures will be required until authorized by the Village to be removed. If weather does not allow final grading and seeding to be completed, the Director of Building and Zoning may allow rough grading of the site and necessary erosion control measures until weather conditions permit final grading and seeding. ME SECTION 4: That Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -10A thereof: Sec. 6 -10A. Demolition Completion Bond; Amount; Replenishment: No demolition permit shall be issued for any habitable structure unless the owner or demolition contractor (the "applicant ") first provides the Village with a performance guarantee in the form a cash security deposit or an irrevocable letter of credit as follows: (a) An irrevocable letter of credit shall be issued by state or national bank or savings institution authorized to do business in the State of Illinois and acceptable to the Village, and shall remain in full force and effect for a period of at least six (6) months after the effective date of the demolition permit, or until the Director of Building and Zoning certifies that the site has been restored in accordance with the terms and conditions of the demolition permit and this ordinance. The failure of the applicant to complete the demolition and site restoration prior to the expiration of the demolition permit in accordance with the terms and conditions of the demolition permit, this ordinance and all other applicable codes and ordinances of the Village shall be considered a default by the applicant and the issuing institution and will authorize the Village to draw upon the credit for payment or reimbursement of all costs incurred or to be incurred by the Village in securing the site, completing the demolition, restoring the site in whole or in part, and /or restoring damaged public property. (b) The failure of the applicant to complete the demolition and site restoration prior to the expiration of the demolition permit in accordance with the terms and conditions of the demolition permit, this ordinance and all other applicable codes and ordinances of the Village shall be considered a default by the applicant and will authorize the Village to draw upon a cash security deposit posted by the applicant as a performance guarantee for payment or reimbursement of all costs incurred or to be incurred by the Village in securing the site, completing the demolition, restoring the site in whole or in part, and/or restoring damaged public property. (c) The performance guarantee shall be in an amount equal to the estimated cost of the demolition and site restoration as determined by the Director of Building and Zoning, or ten thousand dollars ($10,000.00), whichever is greater. Such performance guarantee is in addition to all other application fees, costs and bonds required by the Village. -5- (d) In the event that the performance guarantee is not sufficient to complete the demolition and restoration of the site, or to reimburse the Village for costs incurred or to be incurred in completing the demolition and restoration of the site, including administrative costs and legal fees, it shall be the duty of the applicant to replenish the performance guarantee and to reimburse the Village for such costs within fourteen (14) days after written demand by the Village. (e) The Village shall return the performance guarantee, or any unused portion thereof, without interest, to the applicant within thirty (30) days after demolition and restoration of the site has been approved as completed by the Director of Building and Zoning. SECTION 5: That Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -1013 thereof. Sec. 6 -1013. Village Right to Complete Demolition and Site Restoration: Every permit authorizing demolition of a habitable building or structure issued pursuant to this Chapter is conditioned on the agreement of the applicant and the owner of the subject property, as evidenced by acceptance of a demolition permit issued by the Village, that: (a) In addition to all other rights afforded to the Village, the Village shall have the right following notice as provided in paragraph (2) hereof to enter the property and to complete the demolition work and site restoration, or to correct any defect or deficiency in the performance and completion of such work, using the Village's own forces or outside forces contracted for that purpose in the event of any failure or default by the applicant or property owner in properly performing and completing work authorized by said permit. (b) The Village shall give the applicant seven (7) days prior written notice to cure the defect or deficiency in the performance and completion of such work and an opportunity to cure such defect or deficiency or to provide adequate assurance acceptable to the Director of Building and Zoning that such defect or deficiency will be cured within fourteen (14) days, or within such other period of time as may approved by the Director for good cause shown by the applicant. The Director may require immediate action to correct defects or deficiencies that, in the opinion of the Director, pose a threat to public health or safety or to contiguous property. (c) The Village shall have the right to draw on the performance guarantee provided by the applicant or the owner for the cost incurred or to be ffol incurred by the Village's work, completing such work or correcting any defect or deficiency in the performance and completion of such work, including, any fines, penalties or costs that have been assessed or imposed on the applicant or the subject property as a consequence thereof. (d) The Village shall have a lien against the subject property for the costs incurred by the Village in completing such work, for correcting any defect or deficiency in the performance and completion of such work, and for any penalties, fees or costs assessed or imposed on the applicant or the subject property. (e) No building or occupancy permits shall be issued for the subject property until the demolition work and site restoration has been completed and all penalties, fees and costs incurred by the Village have been paid or reimbursed to the Village. SECTION 6: That Section 6 -19 of Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to read as follows: Sec. 6 -19. Building Permits; Time Limits: The maximum time for completion of construction shall not exceed the following: (a) Twelve (12) months from the date of issuance of a building permit for a new single- family residence. (b) Nine (9) months from the date of issuance of a building permit for additions, alterations, modifications, repairs and improvements to an existing single - family residence having an estimated value of equal to or less than one hundred thousand dollars ($100,000.00). (c) Twelve (12) months from the date of issuance of a building permit for additions, alterations, modification, repairs and improvements to an existing single - family residence having an estimated value of greater than one hundred thousand dollars ($100,000.00). (d) Twenty -four (24) months from the date of issuance of a building for construction other than single- family residential. (e) All building permits under which the proposed construction has not been completed as evidenced by the issuance of a certificate of occupancy within the maximum time stated herein shall expire by limitation on the expiration of such time and no building construction, alteration or removal shall take place after such expiration except as authorized by the issuance of a new building permit, or as directed by the Director of Building and Zoning to remedy or correct specific violations of the ordinances of the -7 Village. All fees paid on such expired permits shall be forfeited to the village. (f) Upon payment of the fee as provided for in section 6 -79 of this chapter a building permit may be extended for a period not exceeding four (4) months only upon the approval of the Director of Building and Zoning and only in the event that the plans for construction comply with all aspects of this code and all other ordinances in effect at said time. SECTION 7: That Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -19A thereof: Sec. 6 -19A. Construction Site Performance Bond; Amount; Replenishment: (a) No building permit shall be issued for construction of any new single - family residence or for any alterations, additions or renovations to an existing single - family residence with a cost determined by the Director of Building and Zoning to be in excess of One Hundred Thousand Dollars ($100,000.00) unless the owner or contractor (the "applicant ") first provides the Village with a performance guarantee in the form of (i) a cash security deposit or (ii) an irrevocable letter of credit issued by a state or national bank or savings institution authorized to do business in the State of Illinois. (b) The performance guarantee shall be in an amount equal to the greater of three percent (3 %) the estimated value of the construction as determined by the Director of Building and Zoning or ten thousand dollars ($10,000.00). Such performance guarantee is in addition to all other application fees, costs and bonds required by the Village. (c) The failure of the applicant to comply with the construction management regulations in Article 11 of this Chapter shall be considered a default by the applicant and will authorize the Village to draw upon the performance guarantee for payment or reimbursement of all costs incurred or to be incurred by the Village in taking remedial action for applicant's failure to comply. (d) The failure of the applicant to comply with the construction time limits provided in Section 6 -19 of this Chapter shall be considered a default by the applicant and will authorize the Village to draw upon the performance guarantee for payment of the default penalties set forth in Section 6 -19B of this Chapter. 5:11 (e) In the event that the performance guarantee is not sufficient to reimburse the Village for remedial costs incurred by the Village or for payment of default penalties in Section 6 -19B for violation of the construction time limits provided herein, it shall be the duty of the applicant to replenish the performance guarantee and to reimburse the Village for such costs within fourteen (14) days after written demand by the Village. (f) The Village shall return the performance guarantee or any unused portion thereof, without interest, to the applicant within thirty (30) days after the issuance of a certificate of occupancy by the Director of Building and Zoning, provided that applicant is not then in violation or default of the requirements of this Chapter. SECTION 8: That Article 1 ( "General') of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -19B thereof: Sec. 6 -1913. Failure to Comply with Construction Time Limits; Default Penalties: Every building permit authorizing construction of a new single - family residence or alterations, additions or renovations to an existing single - family residence with a cost in excess of One Hundred Thousand Dollars ($100,000.00) is conditioned on the agreement of the permit applicant and the owner of the subject property, as evidenced by acceptance of the building permit issued by the Village, in addition to all other rights and remedies available to the Village, that: (a) Failure of the applicant or property owner to complete all exterior project construction (excluding punch list items) and final stormwater grading within the time limits provided in Section 6 -19 of this Chapter, shall authorize imposition of the following penalties: (1) For the first 30 days that the project remains incomplete, there shall be a penalty of twenty -five dollars ($25.00) per day. (2) For the 315` through 601h days that the project remains incomplete, there shall be a penalty of one hundred dollars ($100.00) per day. (3) For the 615` through 120`h days that the project remains incomplete, there shall be a penalty of two hundred and fifty dollars ($250.00) per day. In (4) For the 121" and any additional days thereafter that the project remains incomplete, there shall be a penalty of five hundred dollars ($500.00) per day. (b) Failure of the applicant or property owner to complete all project construction as evidenced by the issuance of a final occupancy permit within the time limits provided in Section 6 -19 of this Chapter shall authorize imposition of the following penalties: (1) For the first 30 days that the project remains incomplete, there shall be no penalty. (2) For the 31s' through 601h days that the project remains incomplete, there shall be a penalty of fifty dollars ($50.00) per day. (3) For the 61St through 120th days that the project remains incomplete, there shall be a penalty of one hundred and twenty - five dollars ($125.00) per day. (4) For the 121St and any additional days thereafter that the project remains incomplete, there shall be a penalty of two hundred fifty dollars ($250.00) per day. SECTION 9: That Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -19C thereof: See. 6 -19C. Appeal of Penalties: (a) A penalty imposed pursuant to Section 6 -19B may be appealed to the Board of Trustees on the grounds that the property owners were unable to comply with the construction time limit for the following reasons: (1) Labor strikes and stoppages. (2) Natural disasters. (3) Fire or other casualty loss to the project. (4) Other unforeseeable reasons beyond the control of the owners and the owner's contractors, agents and representatives, but not including delays caused by weather; delays caused by the use of custom or imported materials; delays caused by the use of highly -10- specialized contractors; delays caused by the failure of material suppliers to provide materials in a timely manner; delays associated with project financing; or, delays caused by significant, numerous or late design changes. (b) An appeal of penalties imposed pursuant to Section 6 -19B must be filed in writing with the Village Clerk within fourteen (14) days from the date of construction completion accompanied by payment of a nonrefundable appeal fee which shall equal five percent (5 %) of the applicable construction completion penalties, but in no event less than one hundred dollars ($100.00). The Village Manager shall conduct a hearing and shall submit written findings of fact and a recommendation to the Board of Trustees to affirm, modify or cancel the penalty. The Village Board shall determine, based on the findings of fact and recommendation of the Manger, whether to affirm, modify or cancel the penalty. (c) When appealing penalties assessed pursuant to Section 6 -19B, the appellant shall submit documentary and other evidence sufficient to establish that design decisions, construction drawings and documents, bids and construction contracts, permit applications, and compliance with all required permit conditions were undertaken in a diligent and timely manner. Required documentary and other evidence shall demonstrate to the Village Board's satisfaction that construction delay resulted from circumstances fully out of appellant's control and despite diligent and clearly documented efforts to achieve construction completion within the construction time limits established by this chapter. SECTION 10: That Article 1 ( "General ") of Chapter 6 ( "Building ") of the Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 6 -19D thereof: Sec. 6 -19D. Administration and Enforcement; Denial of Permits: (a) Any violation of the provisions of this article shall be an offense punishable by a fine of not less than two hundred dollars ($200.00) and not more than two thousand dollars ($2,000.00), and each day on which a violation occurs or continues shall be deemed a separate offense. (b) Failure of the owner or contractor ( "applicant ") of a new single - family residence to promptly cure any violation of the provisions of this article shall be cause for the Director of Building and Zoning to refuse the issuance of further permits requested by the applicant for the demolition of existing single- family residential structures, or for building new single family residences, until the existing violations are cured or resolved to the satisfaction of the Director. -11- SECTION 11: 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 12: 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 20th day of February 2007. AYES: Benton, Feldman, Rosenthal, Seiden, Struthers, Wylie (6) NAYS: None (0) ABSENT: None (0) ABSTAIN: None (0) APPROVED this 20th da •• Wilage Clerk — -12-