HomeMy WebLinkAboutORDINANCES-2009-019-O-09• Effective date: May 1, 2009
19-0-09
AN ORDINANCE
Amending Section 5-1-3 of the City Code,
Property Maintenance Code "Amendments,"
to Enact Fees for Multiple Re -inspections
and Cancelled Inspections
2/26/2009
WHEREAS, pursuant to its home rule authority to legislate for the
public health, safety, and welfare, the City of Evanston ("the City") has adopted
by reference the 2003 International Property Maintenance Code ("IPMC"); and
WHEREAS, pursuant to the terms of the IPMC, City staff routinely
• inspect residential properties for violations of the IPMC; and
WHEREAS, multiple re -inspections, due to persistent violations of
the IPMC, and cancellations of scheduled inspections disrupt the City's
inspection schedule; and
WHEREAS, such disruptions decrease procedural efficiency,
require additional resources and staff time, and impede the City's ability to
enforce the IPMC in order to promote the public health, safety, and welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, "ILLINOIS:
SECTION 1: That Section 5-1-3 of the Evanston City Code of
• 1979, as amended, is hereby further amended to include the following:
19-0-09
104.4 Right of Entry.
•
The code official is authorized to enter the structure or premises at reasonable
times to inspect subject to constitutional restrictions on unreasonable searches
and seizures. If entry is refused or not obtained, the code official is authorized to
pursue recourse as provided by law. If the premises owner does not grant the
code official entry to the entire premises during an initial inspection, cure code
violations discovered and cited during an initial inspection before the compliance
re -inspection, or grant the code official access to the entire premises to re-
inspect for every such cited violation, thereby requiring the code official to
perform multiple re -inspections, the premises owner shall owe the City a fee of
one hundred fifty dollars ($150.00) for the second and any subsequent re -
inspection. If the premises owner does not grant the code official entry for a
scheduled inspection without canceling said inspection on a City business day
and at least twenty-four (24) hours in advance of the appointed inspection time,
or fails to give his or her tenants forty-eight (48) hours notice of the inspection
date, the premises owner shall owe the City a fee of: one hundred fifty dollars
($150.00) for the first such failure; two hundred fifty dollars ($250.00) for the
second such failure; and five hundred dollars ($500.00) for the third and any
subsequent such failure. Any fees assessed pursuant to this section shall be
debts due and owing to the City that the City may collect by any means allowed
by law, including, but not limited to: refusing to issue any permit, license, or •
zoning relief related to the structure or premises; employing a collection agency;
and filing a lien against the premises..
SECTION 2: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 3: That if any provision of this ordinance or application
thereof to any person or circumstance is held unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this
ordinance that can be given effect without the invalid application or provision, and
each invalid provision or invalid application of this ordinance is severable.
SECTION 4: That this Ordinance 19-0-09 shall be in full force
and effect from and after its passage, approval and publication in the manner
provided by law.
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19-0-09
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Introduced:�1��-�/U�
Adopted:
.2009 Approved:
2009
9
Orraine H. Morton, Mayor
Aft+: Approved form:
Redney eene, City Clerk eke B. Tober-R66e, -- rInterim
First Assistant Corporation Counsel
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