Loading...
HomeMy WebLinkAboutORDINANCES-1990-068-O-90• 68-0-90 AN ORDINANCE Amending the Evanston Housing Code, Title 5, Chapter 1, of the City Code of the City of Evanston, 1979, as Amended, by Adoption of the B.O.C.A. National Property Maintenance Code, Third Edition, 1990. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Title 5, Chapter 1, of the City Code of the City of Evanston, 1979, as amended, be and hereby is further amended in its entirety by the addition of the following new chapter: CHAPTER 1 PROPERTY MAINTENANCE CODE SECTION: 5-1-1: Adoption of B.O.C.A. National Property Maintenance Code 5-1-2: Application 5-1-3: Amendments to the Code 5-1-4: Severability 5-1-1: ADOPTION OF B.O.C.A. PROPERTY MAINTENANCE CODE: (A) Pursuant to the authority granted by Chapter 24, Section 1-2-4, of the Illinois Revised Statutes and pursuant to its home rule powers, the City of Evanston hereby adopts by reference as its standard for the maintenance of existing buildings for human occupancy and habitation, the B.O.C.A. National Property Maintenance Code, Third Edition, 1990 is(B.O.C.A. Property Maintenance Code), with the amendments below stated. All advisory or text notes, other than -1- the rules and regulations contained in the B.O.C.A. Property Maintenance Code be and the same are hereby expressly excluded from this Chapter. • (B) Any reference in the B.O.C.A. Property Maintenance Code to "code official" shall refer to the City Manager or his or her authorized representative. Any reference to "municipality" shall mean the City of Evanston. 5-1-2: APPLICATION: The B.O.C.A. Property Maintenance Code shall apply to all matters concerning the protection of public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises in the City of Evanston as provided in the Code. 5-1-3: AMENDMENTS TO THE CODE: The following sections of the B.O.C.A. Property Maintenance Code are deleted as noted or amended to read as follows: (A) ARTICLE 1 PM-100.1 Title: These regulations shall be known as the Property Maintenance Code of the City of Evanston, hereinafter referred to • as the "Property Maintenance Code" or "this Code." • PM-100.4 Referenced Standards: The standards referenced in this Code and listed in Appendix A shall be considered part of the requirements of this Code to the prescribed extent of each such reference. Where differences occur between the provisions of this Code and referenced standards, the provisions of the most stringent code shall apply. PM-102.1 Application of Other Codes: Any repairs or alterations to a structure, or changes of use therein, which may be caused directly by the enforcement of this Code, shall be done in accordance with the procedures and provisions of the Evanston building code, plumbing code, mechanical code, fire prevention code, and any and all other applicable codes. -2- • PM-106.2 Form: Such notice prescribed in Section PH-106.1 shall: 1. Be in writing. 2. Include a description of real estate sufficient for identification; 3. Include a statement of the reason or reasons why it is being issued; 4. Include a correction order allowing reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code, and; 5. Include for condemnation, emergency and demolition cases only, an explanation of the owner's right to seek modification or withdrawal of the notice by petition to an appeals board or appropriate review board. PH-106.3 Service: Such service shall be deemed to be properly • served upon such owner if a copy thereof is delivered to the owner personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; -or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such a notice, and placing at least one publication of such notice in a local newspaper of general circulation; or by regular mail addressed to the owner at the last known address unless other notice is required by state statute or city ordinance. PM-109.2 Penaltv: Any person, firm or corporation, or other entity who shall violate any provision of this Code shall, upon a plea of guilty or finding of guilty, be subject to a fine of not less than $25.00 nor more than $500.00. Each day that a violation continues after due notice has been served, in • accordance with the terms and provisions hereof, shall be deemed a separate offense. -3- PM 111.2 Appeals Board: In order to protect existing structures in the jurisdiction by vigorous enforcement of the provisions of the code, there shall be and is hereby created a code appeals • board, hereafter referred to as the board, consisting of seven members who shall be appointed by the Mayor with the advice and consent of the City Council. PM 111.2.1 Membership: The board membership shall consist of two licensed professional engineers or architects; a builder or a superintendent of building construction; the Director of Public Health; the Fire Chief; the Director of Housing and Property Services; the Director of Building and Zoning, as voting members, with the Director of Housing Rehabilitation and Property Maintenance as an ex-officio non -voting member. Each member shall have been a resident of the jurisdiction for at least one year prior to appointment. The Mayor, with the advice and consent of the City Council, may appoint for a term of one year an alternate member of such board in addition to the seven members above provided for, who shall act with full power only when a member of the board refuses to vote because of interest or • when a member is absent. The City Manager may appoint a City staff member to act as secretary of the board. PM-111.2.2 Vote: The board shall hear all appeals relative to the enforcement of the condemnation, demolition and emergency provisions of this code and by a concurring vote of the majority of its members may reverse or affirm wholly`or partly, or may modify, the decision appealed from, and shall make such order of determination as in its opinion ought to be made. Failure to secure such concurring votes shall be deemed a confirmation of the decision of the code official. The decision of the board shall not be final and binding until reviewed by the Planning and Development Committee at its next regularly scheduled meeting following issuance of the board's decision. The Committee shall have authority to reverse or affirm wholly or in part, or modify, the decision of the board by the concurring vote of a majority, except that failure of the Committee to act or to reach a concurring vote shall constitute approval of the board's decision. -4- (B) ARTICLE 2 PM-200.3 Terms Defined in Other Codes: Where terms are not • defined in this article and are defined in the building, plumbing or mechanical codes listed in Appendix A, or in the Evanston Zoning Ordinance, they shall have the same meanings ascribed to them as in those codes, unless such meanings are clearly inappropriate or inapplicable. PM-201.0 APPLIED MEANINGS OF WORDS AND TERMS: Dwellin&s: Rooming house: A building arranged or used for lodging, with or without meals, for compensation and not occupied as a dwelling unit. Multivle-Family Dwellinp,: A building containing two or more dwelling units. One -Family Dwellink: Delete. Two -Family Dwellin&: Delete. • Family: Delete. Graffiti: Any and every name, identification, description, announcement, declaration, demonstration, display, illustration or insignia, other than advertising which is otherwise provided for in this Code or other ordinances of the City, which without authorization is marked, written, drawn, painted, scratched, inscribed, or affixed directly to or upon any of the following objects or structures: public or private curbstone, flagstone, or any portion or part of any sidewalk or street or upon any tree, lamppost, utility pole, postal mail receptacle, sign, hydrant, gate, fence, door, wall, window, garage, enclosure, vehicle, bridge, pier or upon any other public or private structure or building. • 962 (C) ARTICLE 3 PM-301.4 Weeds: All areas shall be kept free from weeds or plant growth in excess of 8 inches (203.2 man). Weeds shall be defined • as all grasses, annual plants and/or vegetation other than trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens. It shall be the duty of any person owning, leasing, occupying, or controlling any plot of ground in the jurisdiction to prevent the growth of weeds thereon. PM-301.8 Motor Vehicles: Except as provided in other regulations, no currently unregistered and/or unlicensed motor vehicles shall be parked, kept or stored on any property and no vehicle shall at any time be in a state of major disassembly, disrepair or in the process of being stripped or dismantled. EXCEPTION: Any vehicle of any type is permitted to undergo major overhaul, including body work, provided such work is performed inside a structure or similiarly enclosed area designed and approved for such purposes. PM-302.4 Foundation Walls: All foundation walls shall be maintained so as to carry the safe design and operating dead and • live loads and shall be maintained plumb, and free from open cracks and breaks, so as not to be detrimental to public safety and welfare. Cracks, breaks, or holes in a foundation wall shall be repaired when they exceed 1/16 inch in width, or 1-1/2 inch in diameter, or where there are more than 4 holes more than 1-1/2 inch in diameter on a plane. PM-302.5 Exterior Walls: Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface -coated when required to prevent deterioration. Deteriorated surface protective materials in one location exceeding 36 square inches, or 9 lineal inches on a plane, or lesser areas that occur in more than 5 locations on a plane, shall be repaired. • -6- PH-302.6 Roofs and Drainage: The roof and flashing shall be sound, tight, and not have defects which might admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the building. Roof water • shall not be discharged in a manner that creates a public nuisance. Existing gutters and downspouts must be maintained in good repair, free from vegetation, rust, cracks and holes. Painted gutters and downspouts with exposed surfaces or peeling paint shall be painted. PH-302.10 Stairs and Porches: Every stair, porch, fire escape, balcony, and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the anticipated loads and shall be maintained in sound condition and good repair. Every stair or step shall have uniform risers and uniform treads with non-skid surfaces. Risers shall not exceed 8 inches in height and treads shall not be less than 9 inches in width. Every stair, porch and fire escape shall be maintained free of hazardous conditions such as snow, ice, mud and debris. Every flight of stairs which is more than four risers high shall have a handrail on at least one side of the stair, and every open • portion of a stair, fire escape, porch, landing or balcony which is more than 30 inches (762 mm) above the grade below shall have guardrails. Handrails shall be not less than 30 inches (762 mm) nor more than 34 inches (864 mm) high, measured vertically above the nosing of the treads. Guardrails shall be not less than 30 inches (762 mm) high above the floor of the porch, landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition. • PH-302.11 Window and Door Frames: Every window, skylight, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure. -7- • PH-302.11.1 Glazin&: Every required window sash shall be fully supplied with approved glazing materials which are without open cracks and holes. Cracks in window glass exceeding 2 inches in length shall be corrected by replacement of the window pane. PH-302.11.3 WeathertiRht: Every window, skylight, and exterior door shall be fitted reasonably in its frame and be weathertight. Weather stripping shall be used to exclude wind or rain from entering the dwelling or structure and shall be kept in sound condition and good repair. PH-302.12 Insect Screens: During the period from April 1 to November 1 for residential structures, and from April 1 to December 1 for all other structures, every door and window or other outside opening used for ventilation purposes serving any building containing habitable rooms, food preparation areas, food service areas, or any areas where products used in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tight -fitting screens of not less than 16 mesh per inch and every swinging screen door shall have a self -closing device in good working condition. Screens having holes larger than 1/2 inch in diameter shall be replaced. • Screens having more than 4 holes between 1/4 inch and 1/2 inch or greater shall be replaced. Exception: Screen doors shall not be required for out -swinging doors or other types of openings which make screening impractical, provided other approved means such as air curtains or insect -repellent fans are employed. PK-302.16 Graffiti Removal: All exterior structure surfaces must be kept clean and free of graffiti, as graffiti is defined in Section 201.0. Surfaces which have been exposed to graffiti must be cleaned, painted or in some manner covered, so as to effect the complete removal of the graffiti from that surface and to return the surface to its prior condition within 30 days of violation notice to the owner. It shall be the responsibility of the owner to comply with the provisions of this subsection. -8- PH-303.3 Interior Surfaces: Floors, walls (including windows and doors), ceilings, and other interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood, and other defective surface • conditions shall be corrected. Cracks, where there is water infiltration or seepage or where the surrounding material is jeopardized, are to be repaired. Deteriorating, loose -or missing paint, wall paper, or plaster is to be repaired if there is one location of more than 4 inches by 4 inches, or where there are more than 2 areas on one plane. Holes more than one inch in diameter are to be repaired and painted; smaller holes are to be repaired if there are more than 4 on any one plane, or where they endanger personal safety. All loose materials are to be removed. Surfaces are to be clean, sanitary, and properly sealed by paint or other washable compounds. PK-303.3.1 Bathroom and Kitchen Floors: Every toilet, bathroom and kitchen floor surface and juncture with the wall shall be constructed and maintained so as to be substantially impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. This provision shall not be interpreted as preventing the use of carpeting. • PM-303.9 Exit Doors: Double cylinder locks, designed so that the • key can be removed from the inside when locked, shall be prohibited from use on exit doors of dwelling units when such exit doors are located in dwelling units with only a single means of egress or ingress. PH-303.9.1 Exit Facilities: All interior stairs and railings and other exit facilities of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped or loose. Every inside stair or step shall have uniform risers and uniform treads with non-skid surfaces. Risers shall not exceed eight inches (8") in height and treads shall not be less than nine inches (9") in width. -9- (D) ARTICLE 4 PM-403.1 Privacy: Hotel units, lodging units. dormitory units and rooming units shall be designed to provide privacy, and be • separate from other adjoining spaces. Access doors to hotel, lodging, dormitory and rooming units shall have operating locks to ensure privacy. PM 403.5 Overcrowdint: Dwelling units shall not be occupied by more occupants than permitted by the minimum occupancy requirement of Table PM-403.5 TABLE PM-403.5 MINIMUM OCCUPANCY AREA REQUIREMENTS Space 1-2 occupants 3-5 occupants 6 or more Living Area Space No requirement 120 150 Kitchen 50 50 60 Bedrooms Shall comply with Section PM 403.3 PM 403.6 Combined Spaces: Delete. • PM-403.8 Minimum Ceiling Heights: Habitable spaces shall have a clear ceiling height over the minimum area required by this Code of not less than 7-1/3 feet (2235 mm), except that in attics -or top half -stories the ceiling height shall be not less than 7 feet (2134 mm) over not less than one-third of the minimum area required by this Code when used for sleeping, study or similar activity. In calculating the floor area of such rooms, only those portions of the floor area of the room having a clear ceiling height of 5 feet (1524 mm) or more may be included. U Exception: Structures in existence on the date of adoption of this Code, with ceiling heights less than 7-1/3 feet shall be exempted from this provision. Previously existing ceilings shall be considered as legally nonconforming and will not be required to have variations from the Appeals Board. -10- • (E) ARTICLE 5 PK-501.4 Sanitation: Toilet rooms for employees shall be equipped with a basin with hot and cold running water. PM-503.1 General: All plumbing fixtures shall be maintained in a safe and usable condition. All plumbing fixtures shall be of approved nonabsorbent material. No more than nine (9) square inches of chipped or worn porcelain shall be permitted on any plumbing fixture. PM-503.6 Walls: Every room containing a flush water closet, a bathtub, and/or a shower shall have walls covered by a smooth, easily cleanable, non -toxic non -corrosive, non -absorbent and waterproof material up to a height of at least forty-eight inches (48") except the walls of a built-in shower or shower stall shall have such walls to a height of at least seventy-two inches (72"). Such walls shall form a watertight joint with each other and with the bathtub, shower, or the floor. PM-504.3 Supply: The water supply system shall be installed and maintained to provide at all times a supply of water to plumbing • fixtures, devices, and appurtenances in sufficient volume and at pressures adequate to enable them to function properly. Water pressure shall be no lower at the fixture outlet than the following minimums: lavatory basins, two (2) gallons/minute; sink faucets and shower heads, three (3) gallons/minute; bathtub faucets, four (4) gallons/minute; toilet pressure, as required by the BOCA Basic Plumbing Code as adopted by'the City of Evanston. PM-504.4 Water Heating Facilities: Where hot water is provided, water heating facilities shall be installed in an approved manner, properly maintained, and properly connected with hot water lines to the fixtures required to be supplied with the hot water. Water heating facilities shall be capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, shower, and laundry facility or other similar units, at a temperature of not less than 115 degrees F. (46 degrees C.). A gas -burning water heater shall not be located in any bathroom, • bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. -11- (F) ARTICLE 6 PM-601.1 Residential Buildings: Every owner of any structure who rents, leases, or lets one or more dwelling units or guest rooms • on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat to maintain in all habitable spaces, bathrooms and toilet rooms at a room temperature of not less than (1) 65 degrees F. (18 degrees C.) during the hours between 6:00 a.m. and 8:00 a.m. of each day; (2) 68 degrees F (20 degrees C.) during the hours from 8:00 a.m. to 10:30 p.m.; and not less than 60 degrees F. (16 degrees C.) during other hours, all provided that the exterior temperature is above -10 degrees F. The temperature shall be measured at a point 3 feet (914 mm) above the floor and 3 feet (914 mm) from exterior walls. PH-601.4.5 Unauthorized Devices: Devices purporting to reduce gas consumption by attachment to a gas appliance, to the gas supply line thereto, or the vent outlet or vent piping therefrom shall not be used unless labeled for such use and the installation is specifically approved. All space heaters are prohibited where employed as permanent and/or primary heating • equipment for a dwelling or dwelling unit. • PM-601.6 Climate Control: If facilities for interior climate control of heating, cooling, and/or humidity are integral functions of structures containing dwelling units or rooming units, such facilities shall be maintained and operated continuously when necessary for the health'and comfort of the occupants and in accordance with the designed capacity of the installed equipment. During instances when the integral equipment is temporarily inoperative because of power or mechanical failure, alternative provisions for ventilation of each dwelling shall be provided as soon as is practicable. PH-602.1.1 Receptacles: Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry room, bathroom, and toilet room shall contain at least one grounded -type receptacle. -12- (G) ARTICLE 7 PK-701.2 Locked Doors: All doors in the required means of egress • shall be readily openable from the inner side. Exits from dwelling units, rooming units, guest rooms and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms. (H) ARTICLE 8 PH-801.6 Rodent Harborage: Owners and Occupants: No owner or occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap metal, or any other materials so that rodent harborage exists in or about any dwelling or dwelling unit. Stored materials shall be stacked neatly in piles elevated at least eighteen (18) inches above the ground or floor. No stacking or piling of materials shall take place against or within twelve (12) inches of the exterior walls of any structure. • (I) ARTICLE 9 • PM-903.1 Gangway Lighting: All residential buildings and buildings that have regular ingress and egress during nighttime hours (between dusk and dawn) shall maintain exterior lighting of stairway entrance areas equivalent to an illumination of at least a 60 watt standard incandescent light bulb: SECTION PM-904.0 CHEMICAL HAZARDS PM-904.1 Identification: Every owner of a dwelling or dwelling unit shall ensure that such dwelling or dwelling units are free from chemical hazard as shall be identified and published by the Director of Health and/or the Fire Chief. -13- PM-904.2 Removal and Disposal: Every owner of a dwelling or dwelling unit in which a chemical hazard exists, as identified by the Director of Health and/or the Fire Chief, shall be . responsible for the prompt safe removal and proper disposal of said chemical or shall take other remedial measures as may be recommended by the Director of Health. PM-904.3 Occupant Responsibility: Every occupant of a dwelling or dwelling unit shall ensure that any chemical substance introduced by him/her into, or used by them within a dwelling, dwelling unit, or on the premises of a dwelling shall be applied, maintained, and/or used so as not to create a health hazard to the occupants and/or other persons on the premises or in the vicinity. 5-1-4: SEVERABILITY: It is the intention of the City Council that the provisions of this Chapter and the B.O.C.A. National Property Maintenance Code, Third Ed., 1990, are severable and the invalidity of any section or part of any section of this Chapter and the Code hereby adopted shall not affect any other section or portion of the said Chapter or Code. SECTION 2: All ordinances or parts of ordinances in conflict • herewith are hereby repealed. SECTION 3: This ordinance shall be in full force and effect -from and after its passage, approval, and publication in the manner provided by law. 112 Introduced:,) Z 1990 Adopted: 1990 Approved 1990 ATTEST* l , • City Clerk ���`�� Appro el as to form: Corporation ounsel -14-