HomeMy WebLinkAboutORDINANCES-2016-033-O-165/13/2016
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AN ORDINANCE
Amending Title 4 of the Evanston City Code Codifying a
Building Energy and Water Use Benchmarking Ordinance
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: Title 4 of the Evanston City Code of 2012, is hereby
amended to add Chapter 22 and read as follows:
CHAPTER 22 — BUILDING ENERGY AND WATER USE BENCHMARKING
ORDINANCE
4-22-1: SHORT TITLE.
This Chapter is titled and may be cited as the "Building Energy and Water Use
Benchmarking Ordinance."
4-22-2: PURPOSE.
The purpose of this Chapter is to promote the public health, safety and welfare by
requiring certain buildings within the City of Evanston to track and disclose building
energy and water consumption in order to promote energy conservation, reduce
greenhouse gas emissions, and improve overall environmental quality.
4-22-3: DEFINITIONS.
For purposes of this Chapter the following definitions apply:
BENCHMARK. To track and input a building's energy and water
consumption data and other relevant building information in
any given calendar year as required by the benchmarking tool,
to quantify the building's total energy and water use.
BENCHMARKING The website-based software, commonly known as
TOOL. "ENERGY STAR Portfolio Manager," developed and
maintained by the United States Environmental Protection
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Agency. This term also applies to any successor system
thereto, including any change or addition made to such
tool by the United States Environmental Protection Agency.
CERTIFICATE OF The certificate issued by the Community Development
OCCUPANCY. Department allowing building occupancy or use, as required
under the International Building Code adopted in City Code
Section 4-2-1.
CERTIFIED A professional engineer or a registered architect licensed in
PROFESSIONAL. the State of Illinois, or another trained individual acceptable to
the City Manager or his/her designee.
CITY BUILDING. Any municipally owned building or group of buildings
that have the same property identification or
index number (PIN) , having a gross floor area of 10,000
square feet or more, as identified by the City Manager or
his/her designee.
COVERED Any Type 1, Type 2, or Type 3 Covered Building as defined by
BUILDING. this Chapter. The term "covered building" does not include any
building whose primary occupancy use is classified as
Assembly Group A-5 uses, Factory Group F uses, Storage
Group S uses, High Hazard Group H uses, or Utility and
Miscellaneous Group U uses, as defined by Chapter 3 "Use and
Occupancy Classification" of the International Building Code
adopted pursuant to City Code Section 4-2-1.
ENERGY The 1 to 100 numerical score produced by the benchmarking
PERFORMANCE tool, also known as "ENERGY STAR score", or any
SCORE. successor score thereto. The energy performance score
assesses a building's energy performance relative to similar
buildings, based on total energy use, operating
characteristics, and geographical location.
ENERGY USE
INTENSITY
(" EUI').
GROSS FLOOR
AREA.
OWNER.
REPORTED
BENCHMARKING
The total annual energy consumed by a building per gross
square foot.
"Gross Floor Area" as defined in the United States
Environmental Protection Agency's ENERGY STAR Portfolio
Manager, as amended.
"Owner" has the meaning ascribed to the term in City Code
Section 6-18-3.
Descriptive information about a building, its operating
characteristics, and information generated by the
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INFORMATION. benchmarking tool related to the building's energy
consumption and efficiency. Reported benchmarking
information includes, but is not limited to, the building
identification number, address, gross floor area, energy
performance score (if available), energy use intensity, water
use and annual greenhouse gas emissions.
TYPE 1 Any building or group of buildings that have the same
COVERED property identification or index number (PIN),
BUILDING. having a gross floor area of 100,000 square feet or
more, as identified bythe City Manager or his/her designee.
TYPE 2 Any building or group of buildings that have the same
COVERED property identification or index number (PIN),
BUILDING. having a gross floor area of 50,000 square feet or more but
less than 100,000 square feet, as identified by the City
Manager or his/her designee.
TYPE 3 Any building or group of buildings that have the same
COVERED property identification or index number (PIN),
BUILDING. having a gross floor area of 20,000 square feet or more but
less than 50,000 square feet, as identified by the City Manager
or his/her designee, excluding condominiums as defined in
City Code Section 5-4-1-7.
4-22-4: BUILDING PERFORMANCE DISCLOSURE.
(A) In accordance with the schedule under City Code Section 4-22-5, the owner of
any covered building must submit reported benchmarking information for the
previous calendar year, using the benchmarking tool, as required by the City
Manager or his/her designee.
(B) The City Manager or his/her designee must prepare and submit an annual
report to the Mayor and the City Council for review and evaluation of the energy
and water efficiency in covered buildings, including, but not limited to, summary
statistics on the most recent reported energy and water benchmarking
information.
(C) The City Manager or his/her designee is authorized to make reported
benchmarking information readily available to the public, except to the extent
allowable under applicable law, the City Manager or his/her designee will not
make readily available to the public any individually -attributable reported
benchmarking information from the first calendar year that a covered building is
required to benchmark.
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4-22-5: BENCHMARKING REQUIREMENTS.
(A) The owner of any covered building must retain all information for the previous
calendar year and input any and all descriptive information required by the
benchmarking tool into the benchmarking tool for the previous calendar year.
The owner must input this information according to the following schedule:
City Buildings and Type 1 Covered Buildings must provide data for the
2016 calendar year by June 30, 2017 and for every year thereafter by
every subsequent June 30;
2. Type 2 Covered Buildings must provide data for the 2017 calendar year
by June 30, 2018 and for every year thereafter by every subsequent
June 30; and
3. Type 3 Covered Buildings must provide data for the 2018 calendar year
by June 30, 2019 and for every year thereafter by every subsequent
June 30.
(B) Exception. The City Manager or his/her designee may exempt from the
benchmarking requirement the owner of a covered building that submits
documentation establishing any of the following:
The building is presently experiencing qualifying financial distress, as
defined by any of the following: (1) the building is the subject of a
qualified tax lien sale or public auction due to property tax arrearages,
(2) the building is controlled by a court appointed receiver, or (3) the
building has been acquired by a deed in lieu of foreclosure; or
2. The building had average physical occupancy of less than fifty percent
(50%) throughout the calendar year for which benchmarking is required;
or
3. The building is a new construction and the building's certificate of
occupancy was issued during the calendar year for which benchmarking
is required.
(C) Retention of Records. Each owner is responsible for retaining the previous
three (3) years' worth of benchmarking data, where applicable.
4-22-6: BUILDING DATA VERIFICATION.
(A) Data Verification. Prior to the first benchmarking deadline in City Code Section
4-22-5 and prior to each third benchmarking deadline thereafter, the owner of a
covered building must ensure that reported benchmarking information for that
year is verified by a certified professional. Such verification must be in a form of
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a signed statement by a certified professional attesting to the accuracy of the
information. The owner of a covered building must produce such statement for
the most recent year in which verification of reported benchmarking information
was required upon a written request by the City Manager or his/her designee.
(B) Exception. The City Manager or his/her designee may exempt from the
verification requirement the owner of a covered building that submits
documentation establishing that compliance with this Section will cause undue
financial hardship.
4-22-7: SOLICITATION OF COMPLIANCE INFORMATION.
Within thirty (30) calendar days of a request by the building owner, each tenant of a
unit in a covered building must provide all information that cannot otherwise be
acquired by the building owner and that is necessary for the building owner to comply
with the requirements of this Chapter.
Any owner of a covered building must request such information no later than March 1
of the years in which benchmarking is required by City Code Section 4-22-5. If the
owner of a covered building receives notice that a tenant intends to vacate a unit
which is subject to the requirements of this Section, the owner must request the
information specified in this Section within ten (10) calendar days of such notice, and
the tenant must provide such information within thirty (30) calendar days of the
request.
The failure of any tenant to provide the information required under this Section to the
owner of a covered building does not relieve such owner of the obligation to
benchmark the building as provided in City Code Section 4-22-5, using all information
otherwise available to the owner.
Failure of any tenant to provide the information required under this Section to the
owner of a covered building creates a rebuttable presumption that the owner, tenant,
or both have not complied with the time limits specified in this Section.
If a tenant of a unit in a covered building fails to provide information to the owner of the
building as provided in this Section, the owner is deemed to be in compliance with City
Code Section 4-22-5 with respect to the building if: (1) the owner proves that the owner
has requested the tenant to provide such information as specified in this Section; and
(2) the owner has benchmarked the building as provided in City Code Section 4-22-5,
using all information otherwise availlable to the owner.
4-22-8: ENFORCEMENT.
The City Manager or his/her designee is authorized to enforce this Chapter. The City
Manager or his/her designee is also authorized to adopt rules and regulations for the
proper administration and enforcement of this Chapter.
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4-22-9: NOTICE OF VIOLATION.
Whenever the City Manager or his/her designee determines that an owner fails to
meet any requirement of this Chapter, he/she must give written notice to the owner.
Such notice must include, but not limited to, stating that the owner failed to comply
with the requirements of this Chapter and that the owner has twenty (20) calendar
days to comply with the applicable requirement. The notice must be in writing and
may be served in person or sent by certified mail, return receipt requested. The notice
must provide any recipient an opportunity to file a written request for a hearing with the
City Manager or his/her designee by the owner within twenty (20) calendar days.
Failure to respond to the notice or failure to comply with the applicable requirements
requested therein constitutes a violation of this Chapter by the owner.
4-22-10: HEARINGS.
If a written request is filed within twenty (20) calendar days, an opportunity for a
hearing with the City Manager or his/her designee must be afforded within ten (10)
calendar days of receipt of the request. The hearing will be conducted by the City
Manager or his/her designee affording the owner an opportunity to appear and show
cause as to how they have complied with the provisions of this Chapter. The City
Manager or his/her designee will make a final decision in writing, including the reasons
for such decision, and will serve said decision on the owner subject to the provisions
of this Chapter within ten (10) calendar days after the conclusion of the hearing.
4-22-11: PENALTY.
Any person who violates any provision of this Chapter will be fined one hundred
dollars ($100.00) for each such offense. Every month a violation continues will be
deemed a separate offense.
4-22-12: SEVERABILITY.
If any provision of this Chapter or application thereof to any person or circumstance is
held unconstitutional or otherwise invalid, such invalidity must not affect other provisions
or applications of this Chapter that can be given effect without the invalid application or
provision, and each invalid provision or invalid application of this Chapter is severable.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this Ordinance 33-0-16 or application
thereof to any person or circumstance is held unconstitutional or otherwise invalid, such
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invalidity does not affect other provisions or applications of this Ordinance that can be
given effect without the invalid application or provision, and each invalid application of
this Ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to
be prima facie evidence of the law of the City and will be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This Ordinance 33-0-16 is in full force and effect from and
after its passage, approval, and publication in the manner provided by law.
Introduced:�SafttAyy?y- �2 , 2016
Adopted:DCYNPM"e,C `? , 2016
Attest:
Ro ney GreC,�I, City Cleric
Approved:
k2 , 2016
Eliza th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel