For purposes of this chapter the following words and phrases shall have the following meanings ascribed to them respectively.

(Ord. 7547, passed 10-1-91; Am. Ord. 7823, passed 3-5-96; Am. Ord. 8342, passed 3-2-04; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9499, passed 8-20-24)

   For the purpose of establishing reasonable rules and regulations governing the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and structures within the jurisdiction of the city, including, but not limited to, permits and penalties, there is hereby adopted in its entirety as the Building Code of the city that certain code known as the International Building Code, 2021 Edition, and any amendments thereto that may from time to time be made, as recommended and published by the International Code Council, Inc. (hereinafter referred to as "the Building Code"), and the whole thereof is hereby incorporated by reference herein as though fully set forth word by word and line by line, except for such parts thereof as are herein or hereafter modified, deleted, or amended. One copy of the Building Code shall be filed and maintained with by the City Clerk, and at least one copy shall be filed and maintained by the Department.

(Ord. 7547, passed 10-1-91; Am. Ord. 7709-B, passed 6-7-94; Am. Ord. 8023, passed 4-6-99; Am. Ord. 8342, passed 3-2-04; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9499, passed 8-20-24)

   The following specific additions, insertions, and changes to the Building Code are hereby adopted:

   (A)   Appendix I of the International Building Code governing patio covers is hereby adopted.

   (B)   Appendix J of the International Building Code governing grading is hereby adopted.

   (C)   Appendix N of the International Building Code governing replicable buildings is hereby adopted.

   (D)   Appendix O of the International Building Code governing performance based application is hereby adopted.

   (E)   In Section 101.1, the name of the jurisdiction is “the City of Danville, Illinois.”

   (F)   Section 103 shall be deleted in its entirety, and any references within the code to Department of Building Safety shall mean the Department of Public Works or the Building Official.

   (G)   Section 105.1 and its accompanying subparagraphs shall be deleted in their entirety and be replaced with:

      “Any person desiring to perform any of the following activities shall first submit an application for a permit to the Building Official, and these activities shall not commence without a permit being issued in accordance with Section 108.

         1.   Construct or alter a structure.

         2.   Construct an addition.

         3.   Demolish or move a structure.

         4.   Install or alter any equipment which is regulated by this code.

         5. The construction or placement of structures, either above-ground or in-ground, such as:

            a.   Fences.

            b.   Patios and decks.

            c.   Swimming pools greater than 24" deep.

            d.   Sheds.

            e.    Telecommunication towers.

         6.   New windows, replacement or others.

         7.   Roofs: All roofing being either new or recover involving more than one (1) square of shingles or more than 100 square feet on other type of roofing. Less than that amount is a minor repair.

         8.   Interior partition walls, new or modified.

         9.   Sidewalks.

         10.   Driveways.

         11.   Parking lots.

         12.   Retaining walls in hazardous locations and/or abutting property lines.”

         13.   These specific activities do not require a permit: installation or replacement of exterior siding; installation or replacement of gutters or downspouts; installation of cabinets, countertops and similar finish work; carpeting, tiling and other floor finishing; drywall repair and finishing; and painting and wallpapering."

   (H)   Section 105.2 shall be amended by striking items 1, 2 and 6 under "Building".

   (I)   Section 113.1 shall be deleted in its entirety and replaced with: “113.1 General. Appeals of orders, decisions or determinations made by the Building Official may be made pursuant to Chapter 164 of the City Code.”

   (J)   Sections 113.2 and 113.3 shall be deleted in their entirety.

   (K)   Section 114.3 shall be deleted in its entirety and replaced with: “114.3 Enforcement. Enforcement of violations of this code shall be conducted pursuant to this Chapter and Chapter 166 of the City Code.”

   (L)   Section 114.4 shall be deleted in its entirety.

   (M)   In Section 1612.3, the name of the jurisdiction is “City of Danville, Illinois” and the date of issuance is “May 16, 2012".

   (N)   Section 3412.2, but not its accompanying subparagraphs, shall be deleted and replaced with: “3412.2 Applicability. Structures existing prior to the effective date of this amendatory ordinance, in which there is work involving repairs, alterations, additions or changes of use shall be made to conform to this code by applying the requirements of Chapter 34, or, in the alternative, Chapters 2 through 33, inclusive.”

   (O)   Section 101.4.3 and Chapter 29 shall be deleted in their entirety and replaced with the Illinois Plumbing Code, current edition.

   (P)   Reserved.

   (Q)   Section 603.1.2 shall be amended to remove reference to the International Plumbing Code.

   (R)   Chapter 11 Accessibility shall be deleted in its entirety and replaced with the Illinois Accessibility Code current edition.

   (S)   Section 1210.1 shall be deleted in its entirety.

(Ord. 7547, passed 10-1-91; Am. Ord. 7815, passed 2-6-96; Am. Ord. 7816, passed 2-2-96; Am. Ord. 7823, passed 3-5-96; Am. Ord. 8115, passed 7-5-00; Am. Ord. 8342, passed 3-2-04; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9033, passed 2-2-16; Am. Ord. 9499, passed 8-20-24)

   Editor's Note: Property Maintenance Code has been moved to Chapter 167.

   (A)   For the purpose of regulating the fabrication, erection, construction, enlargement, alteration, repair, location, and use of detached one and two family dwellings, their appurtenances and accessory structures in the jurisdiction of the city, and providing for the issuance of permits therefor, the International Residential Code, 2021 Edition, and any amendments thereto that may from time to time be made, as published by the International Code Council, Inc., is hereby adopted. Said Code shall be administered by the Department.

   (B)   Amendments to the International Residential Code.

      (1)   Appendix AH is hereby adopted to control the design and construction of patio covers installed in or on the lot of a one or two family dwelling.

      (2)   Appendix AE governing the design and construction of manufactured housing used as dwellings is hereby adopted.

      (3)   Appendix AJ governing existing buildings and structures is hereby adopted.

      (4)   Appendix AK governing sound transmission between dwelling units is hereby adopted.

      (5)   Appendix AM governing home day cares operated within a dwelling is hereby adopted.

      (6)   Appendix AR governing the design and construction of light straw-clay construction.

      (7)   Appendix AS governing the design and construction of strawbale construction.

      (8)   Section R101.1. Insert "City of Danville, Illinois."

      (9)   Section R103 shall be deleted in its entirety.

      (10)   Section R105.1 shall be deleted in its entirety and be replaced with:

         "Any person desiring to perform any of the following activities shall first submit an application for a permit to the Building Official, and these activities shall not commence without a permit being issued in accordance with Section R105.3.

            1.    Construct or alter a structure.

            2.    Construct an addition.

            3.   Demolish or move a structure.

            4.   Install or alter any equipment which is regulated by this code.

            5.   The construction or placement of structures, either above-ground or in-ground, such as:

               a.    Fences.

               b.    Patios and decks.

               c.    Swimming pools greater than 24" deep.

               d.    Sheds.

            6.   New windows, replacement or others.

            7.   Roofs: All roofing being either new or recover involving more than one (1) square of shingles or more than 100 square feet on other type of roofing. Less than that amount is a minor repair.

            8.   Interior partition walls, new or modified.

            9.    Sidewalks.

            10.    Driveways.

            11.   Parking lots.

            12.    Retaining walls in hazardous locations and/or abutting property lines.

            13.   These specific activities do not require a permit: installation or replacement of exterior siding: installation or replacement of gutters or downspouts; installation of cabinets, countertops and similar finish work; carpeting, tiling and other floor finishing; drywall repair and finishing; and painting and wallpapering."

      (11)   Section R105.2 shall be amended by striking items 1, 2, 5 and 10 under "Building".

      (12)   Section R112.1 shall be deleted in its entirety and replaced with: "R112.1 General. Appeals of orders, decisions or determinations made by the Building Official may be made pursuant to Chapter 164 of the City Code."

      (13)   Section R112.3 shall be deleted in its entirety.

      (14)   Section R113.2 shall be deleted in its entirety and replaced with: "R113.2 Enforcement. Enforcement of any violation of this code shall be conducted pursuant to this Chapter and Chapter 166 of the City Code."

      (15)   Sections R113.3 and R113.4 shall be deleted in their entirety.

      (16)   Table R301.2(l) shall be amended by inserting Ground Snow Load = "20", Wind Design Speed = "90", Seismic Design Category = "B". Subject to damage from weathering = "severe", Frost line depth = "36 inches". Termite - "Mod-Heavy". Winter Design Temp = "0". Ice Barrier Underlayment Required = "Yes", Air freezing index = "1500". Mean Annual Temp = "52 degrees".

      (17)   Section R309.5 shall be deleted in its entirety.

      (18)   Section R313.2 and its accompanying subparagraphs shall be deleted in their entirety.

      (19)   Chapter 25 Plumbing Administration, Chapter 26 General Plumbing Requirements, Chapter 27 Plumbing Fixtures, Chapter 28 Water Heaters, Chapter 29 Water Supply and Distribution, Chapter 30 Sanitary Drainage, Chapter 31 Vents, Chapter 32 Traps, P3303.1.4 and Chapter 30 Piping shall all be deleted in their entirety.

(Ord. 7547, passed 10-1-91; Am. Ord. 7822, passed 3-5-96; Am. Ord. 8023, passed 4-6-99; Am. Ord. 8343, passed 3-2-04; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9033, passed 2-2-16; Am. Ord. 9499, passed 8-20-24)

   For the purpose of establishing reasonable rules and regulations governing the repair, alteration, change of occupancy, addition and relocation of existing buildings within the jurisdiction of the city, including, but not limited to. permits and penalties, there is hereby adopted in its entirety as the Existing Building Code of the city that certain code known as the International Existing Building Code, 2021 Edition, and any amendments thereto that may from time to time be made, as recommended and published by the International Code Council International, Inc. (hereinafter referred to as "the Existing Building Code"), and the whole thereof is hereby incorporated by reference herein as though fully set forth word by word and line by line, except for such parts thereof as are herein or hereafter modified, deleted, or amended. One copy of the Existing Building Code shall be filed and maintained by the City Clerk, and at least one copy shall be filed and maintained by the Department.

   The following specific additions, insertions, and changes to the Existing Building Code are hereby adopted:

   (A)   In Section 101.1, the name of the jurisdiction is "the City of Danville, Illinois."

   (B)   Section 103.1 shall be deleted in its entirety, and any references within the code to Department of Building Safety shall mean the Department of Public Works or the Building Official.

   (C)   Section 105.2. shall be amended by striking item 1 under "Building".

   (D)   Section 112.1 shall be deleted in its entirety and replaced with: "112.1 General. Appeals of orders, decisions or determinations made by the Building Official may be made pursuant to Chapter 164 of the City Code."

   (E)   Sections 112.2 and 112.3 shall be deleted in their entirety.

   (F)   Section 113.2 shall be deleted in its entirety and replaced with: "113.2 Enforcement-Enforcement of violations of this code shall be conducted pursuant to this Chapter and Chapter 166 of the City Code."

   (G)   Sections 113.3 and 113.4 shall be deleted in their entirety.

(Ord. 7547, passed 10-1-91; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9499, passed 8-20-24)

   (A)   Generally. No permit required by any adopted Code as described in this chapter shall be issued until the fee prescribed in § 151.99 is paid. Nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure, is paid.

   (B)   Failure to obtain permit or comply with chapter.

      (1)   No person shall do or authorize any work or perform any of the operations prescribed in this chapter without first procuring and having in force the permit required by the Department. Failure to obtain a permit prior to doing or authorizing any work shall result in the permit fee being doubled and may also result in penalties as provided in Chapter 166.

      (2)   Any person who shall fail to comply with any provision of this chapter may be punished as provided in Chapter 166.

      (3)   In addition to the penalties described above, the contractor may have his operating license and certificate of registration revoked pursuant to Chapter 165.

   (C)   Appeals. Any person which is aggrieved with the ruling or decision of the enforcing officer may appeal that decision pursuant to Chapter 164.

(Ord. 7547, passed 10-1-91; Am. Ord. 7684, passed 1-4-94; Am. Ord. 7823, passed 3-5-96; Am. Ord. 8115, passed 7-5-00; Am. Ord. 8932, passed 4-1-14)

   (A)   License Required. It shall be unlawful for any person except a licensed house mover to move, or attempt to move any house, or other building over, upon, or along, any street, alley or public place in the city. Such licensee's work shall meet with the approval of the Code Official.

   (B)   License Fee and Bond. Any person may become a licensed house mover in the city and be licensed to move houses or other buildings or parts thereof, upon compliance with the provisions of this chapter, upon paying to the Department a fee of $100, and upon executing a bond to the city with sureties to be approved by the city in the penal sum of $10,000. The bond shall be conditioned for the due observance of all the provisions of this chapter, and of all other ordinances of the city, and also conditioned that the principal obligors in such bond shall save and keep harmless and indemnify the city against all damages, losses, injury, and liability which may in any event accrue against the city because of the act or neglect of the principal obligors in such bond, his or their agents, servants, or employees, or any one or more of them in or about doing any of the things for which the license has been issued.

   (C)   Application for License. Any person desiring to obtain a license as a house mover shall make application in writing to the Department. The applicant shall, at the same time, present his bond in an amount and condition as prescribed in this section.

   (D)   Duration of License. No license shall be issued to any house mover except for the balance of the municipal year in which the application is made.

   (E)   Compliance. All licensed house movers shall observe and obey all the provisions of this chapter and other ordinances of the city now in force regulating the moving, altering, or repairing of houses or other buildings in the city.

   (F)   Permit Required for Use of Streets. No building shall be moved along or upon any street or alley of the city unless an application is made to the Code Official, stating when and where the building is to be moved. The application shall be accompanied by a fee as prescribed by § 151.99 of this chapter. If the applicant has complied with the requirements of all provisions of this chapter and other ordinances, a permit shall be issued by the Code Official for such removal, but not otherwise.

   (G)   Revocation of License.  Any license granted as required by § 151.08 of this chapter shall be subject to revocation by the city on the written recommendations of the Code Official.

(Ord. 7547, passed 10-1-91; Am. Ord. 8932, passed 4-1-14)

   Any installation of tanks shall conform to ILCS Ch. 430, Act 15, § 2, title 41 - IL Adm. Code - Part 170. As administered by the office of State Fire Marshal of Illinois.

(Ord. 7547, passed 10-1-91; Am. Ord. 8932, passed 4-1-14)

   (A)   License Required. No person shall engage in the business of hanging, constructing, installing, repairing, remodeling, or taking down any canopy, hood, or awning of any kind or nature over a public street or sidewalk in the city without having obtained an annual license to do so.

   (B)   Application and Bond. Any person desiring to obtain a license required by § 151.17 of this chapter shall file with the Department a written application together with a bond in the penal sum of $5,000 payable to the city, indemnifying the city during the period of the license against all judgments or suits, and reasonable costs to the city incident thereto, which may be recovered against the city, caused by the erection, repair, construction, existence, or maintenance of any canopy, hood, or awning erected, repaired, or constructed by such applicant in the city. The bond shall be signed by a corporate surety or at least two personal sureties who are residents of the county.

   (C)   Fees and Duration. The fee for a license as required by this section shall be $100. Each such license shall be issued from May 1 until April 30 of the following year.

   (D)   Issuance.  Upon the receipt of the surety bond by the city and upon the payment to the Department of the license fee required by division (C), a license shall be issued to the applicant.

(Ord. 7547, passed 10-1-91; Am. Ord. 8932, passed 4-1-14)

   The Department shall have charge of enforcing and regulating the construction and maintenance of canopies, hoods, and awnings over public streets and alleys through its Inspection Division. No hood, awning, or canopy over a public street or alley of the city shall be constructed except in the manner herein provided.

(Ord. 7547, passed 10-1-91)

   No person shall construct or install any hood, awning, or canopy over any public street or sidewalk of the city without obtaining a permit. The application for a permit shall be made to the Building Official. Upon approval by the Building Official and upon the payment of a permit fee prescribed in § 151.99 of this chapter, for each hood, awning, or canopy to be constructed or installed, a permit shall be issued to the applicant. The permit fee for recovering or repairing any hood, awning, or canopy shall be as prescribed in § 151.99 of this chapter. No permit shall be necessary, and no permit fee shall be charged, to construct or install movable awnings less than seven feet in length and width installed above the first story of any building. In the event that any public improvement project necessitates the removal of any hood, awning, or canopy, the removal or replacement costs shall be the responsibility of the property owner.

(Ord. 7547, passed 10-1-91)

   There shall be a clearance of not less than eight feet between the grade of the public sidewalk or street and the lowest point of any appendage or projection used as a part of any canopy, awning, or hood extending from any building over such public sidewalk or street. No movable awning, canopy, or hood shall extend beyond the lot line over any public sidewalk, street, or highway nearer than 18 inches of the curb line, and shall have a wind pressure resistance of at least 20 pounds per square foot. The frames and supports of all such awnings, canopies, or hoods shall be securely attached to the wall of the building upon which awnings, canopies, or hoods shall be placed.

(Ord. 7547, passed 10-1-91)

   All permanent hoods and canopies shall have gutters or conductors connected with the sewer at the building. Permanent hoods or canopies over doors shall not extend more than five feet on either side of the door and shall not extend over the public sidewalk, street, or highway nearer than 18 inches of the curb line adjacent to such building to which such canopy or hood is attached. All such permanent canopies or hoods shall have a clearance of not less than eight feet between the grade of the sidewalk or street and the lowest point of the canopy or hood. The provision of this section relating to dimensions of such permanent hoods or canopies shall not apply to such canopies or hoods heretofore constructed.

(Ord. 7547, passed 10-1-91)

   There is adopted by the city, for establishing rules and regulations concerning accessibility standards, that accessibility code known as the Illinois Accessibility Code, published by the Capital Development Board, 2018 edition, and any amendments thereto that may from time to time be made, and the whole thereof, of which a copy has now been filed with the City Clerk. This code is adopted and incorporated as fully as if set out at length herein. The provisions thereof shall be controlling within the corporate limits of the city.

(Ord. 8301, passed 2-4-03; Am. Ord. 9499, passed 8-20-24)

   The provisions of this subsection shall apply to the demolition of any building within the City.

   (A)   The demolition of a building in the City shall only be carried out by a contractor registered pursuant to Chapter 165 of the City Code. In carrying out the demolition work the contractor shall execute the work in such a manner as to avoid unnecessary interference with the use of streets and alleys by the general public. The contractor shall furnish, install and maintain and operate all means for protection of life and property by the use of barricades, signal devices, lights, and as may be otherwise required by the Department.

   (B)   A demolition permit must be obtained from the Department prior to the initiation of a demolition project. The contractor shall provide proof of receipt of all applicable state and environmental clearances before the application will be approved. Before starting demolition work the contractor shall arrange and confirm the disconnection of all utility services to the building to be demolished. Sanitary and storm sewers shall be disconnected and permanently sealed off near the property line. The contractor shall have the sewer disconnect inspected by the plumbing inspector prior to covering up the sewer and shall furnish documentation to the plumbing inspector confirming the location and depth of the sewer disconnect. The contractor shall also ensure that silt fencing is in place and remains in place during the course of the demolition of the building and restoration of the site, unless otherwise determined by the Department in advance.

   (C)   Demolition of a building shall be completed within 15 days of the issuance of the demolition permit. Once the demolition work commences all materials and equipment resulting from the demolition become the responsibility of the contractor and shall be removed from the premises prior to the expiration of the permit. The contractor shall comply with State Statutes and local ordinances in the selection of areas to be used for disposal.

   (D)   The demolition of a building shall include complete removal of the structure above grade and all foundation/footing elements shall be demolished and removed to a minimum of 3 feet below final grade. Basement and crawl space areas shall be completely cleared of debris. Basement floor slabs shall be broken into pieces no larger than 2 square feet in area in order to permit drainage. The building inspector shall inspect and approve broken basement slabs before backfilling operations begin. In addition, if the demolition involves the removal of the primary structure located on the property then any other foundation slabs, detached garages, driveways, private sidewalks, or stairs located on that property shall also be removed as part of the demolition as well as any retaining walls on the property that are abutting property lines, after review and approval by the Department. Existing driveway openings shall also be removed and replaced with curb and gutter where applicable in conjunction with the demolition of a primary structure or with the abandonment of a driveway that once served a detached garage, unless otherwise determined by the Department in advance.

   (E)   All basements, crawl spaces and excavated areas shall be backfilled with clean fill to correspond with approved final contours of the site. Back fill materials shall be deposited in layers not to exceed 12 inches in thickness and mechanically compacted or water jetted to assure a reasonable degree of compaction. Once fill has been completed a top layer of topsoil at least 4 to 6 inches deep is required. The site shall be seeded in quantities of at least 100 pounds per acre.

   (F)   Subsequent to demolition of the building, the building material used on any exposed wall elevations of adjacent buildings facing recognized arterial or collector streets shall have an architectural finish that is aesthetically compatible with surrounding buildings. Said finish must be approved by the Department prior to placement. When a structure involving a common wall is being demolished, the owner of the demolished structure shall be responsible for bending over all wall anchors at the beam ends of the standing wall and shall brick up all open beam holes and otherwise maintain the safety and usefulness of the wall.

(Ord. 8932, passed 4-1-14; Am. Ord. 9499, passed 8-20-24)

   The provisions of this subsection shall apply to the operation of clean fill sites, as defined below, within the City.

   (A)   Clean Fill Site. A site 2,000 sq. ft. or greater in size on which uncontaminated. nonwater-soluble. nondecomposable inert solid material including soil, rock, stone, dredged material, used asphalt, and brick, block or concrete from construction and demolition activities and that is separate from other waste and recognizable as such is permitted to be placed.

   (B)   Compliance with Appendix J of the Building Code Regarding Grading. Any clean fill site shall comply with all applicable requirements of Appendix J of the Building Code regarding grading.

   (C)   Permit Required. In order for a site to be allowed to accept clean fill an application must be completed and an annual permit must first be obtained from the Department. The permit fee for a clean fill site shall be based on the size of the site and shall be calculated at $100 per acre. This permit must be renewed annually so long as the site continues to accept clean fill.

   (D)   Application and Submittals. The permit application shall be accompanied by all of the following:

      (1)   Site Survey and Site Plan that denotes the extents of the area to be filled and addresses the provisions of Sections 107 and J104.2 of the Building Code.

      (3)   Closure Plan that addresses compliance with division (F) below.

      (4)   Proof of compliance with all other applicable state and federal laws.

   (E)   Operations. The following shall apply to the operation of any clean fill site:

      (1)   Only clean fill as defined in division (A) shall be permitted to be used as fill material. Any other waste materials that are found to be discarded on the site shall be removed from the site immediately and properly disposed of. Failure to do so will result in the revocation of the clean fill site permit.

      (2)   Access to the clean fill site shall be controlled at all times through the use of either physical means such as gates and fences or by way of remote monitoring.

      (3)   Signage shall be erected at the entrance to the clean fill site that states that only clean fill or uncontaminated soil is accepted for use as fill.

   (F)   Site Closure. At the completion of filling activities the following steps shall be taken by the owner:

      (1)   All filled areas must be covered by sufficient uncontaminated soil to support vegetation within 30 days of the completion of filling. The minimum amount of uncontaminated soil to support vegetation is 1 foot.

      (2)   Final slopes and contours must be constructed to complement and blend with the surrounding topography.

(Ord. 8932, passed 4-1-14)

   (A)   If the appropriate Code Official of the city determines, upon due investigation, that any building or structure therein fails to conform to the minimum standards of health and safety as set forth in the applicable ordinances of the city and the owner or owners of such building or structure fails, after due notice, to cause such property to conform, the city may make application to the circuit court for an injunction requiring compliance with such ordinances or for such other order as the court may deem necessary or appropriate to secure compliance.

   (B)   If the appropriate Code Official of the city determines, upon due investigation, that any building or structure located within the area affected by a conservation plan adopted by the city pursuant to the Urban Community Conservation Act, approved July 13, 1953, as heretofore and hereafter amended, fails to conform to the standards and provisions of the plan and the owner or owners of such building or structure fails, after due notice, to cause such property to conform, the city has the power to make application to the circuit court for an injunction requiring compliance with the plan or for such other order as the court may deem necessary or appropriate to secure compliance.

   (C)   (1)   If the court orders the appointment of a receiver to cause the building or structure to conform, the receiver may use the rents and issues of the property toward repair and rehabilitation of the property prior to and despite any assignment of rents. The court may further authorize the receiver to recover the cost of repair and rehabilitation by the issuance and sale of the notes or receiver's certificates bearing such interest as the court may fix. The notes or certificates, after their initial issuance and transfer by the receiver, shall be freely transferable. When sold or transferred by the receiver in return for a valuable consideration in money, material, labor or services, the notes or certificates shall be a first lien upon the real estate and the rents and issues thereof and shall be superior to all prior assignments of rents and all prior existing liens and encumbrances, except taxes. However, within 180 days of the sale or transfer of the note or certificate, the holder thereof shall file with the county recorder of deeds notice of the lien.

      (2)   The notice of the lien filed shall set forth:

         (a)   A description of the real estate affected sufficient for identification;

         (b)   The face amount of the receiver's note or certificate, together with interest payable; and

         (c)   The date when the receiver's note or certificate was sold or transferred for value by the receiver.

      (3)   Upon payment to the holder of the receiver's note or certificate of the face amount thereof together with any interest thereon to such date of payment, and upon the filing of record of a sworn statement of such payment, the lien of the certificate shall be released. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics' liens. The suit to foreclose the lien shall be commenced within two years after the date of default.

   (D)   In any proceedings hereunder in which the court orders the appointment of a receiver, the court may further authorize the receiver to enter into such agreements and to do such acts as may be required to obtain first mortgage insurance from an agency of the federal government on the receiver's notes or certificates.

(Ord. 7547, passed 10-1-91)

   (A)   Applications for building permits that involve the construction of new buildings or the renovation, remodeling, or alteration of existing buildings shall conform to the requirements indicated on the following table set out in § 151.34. When required, an architect's seal must represent an Illinois registered architect in compliance with ILCS Ch. 225, Act 305, as amended.

   (B)   The Code Official or his/her assigns shall conduct the review authorized in this chapter as part of his/her normal plan review process. Meetings and consultation with the owner may occur in order to negotiate any modifications requested by the Code Official.

   (C)   If the Code Official approves the plans as submitted he/she shall sign the plans and indicate the date of approval. If modifications are negotiated, new plans shall be submitted to the Code Official indicating the modifications agreed to by both parties. The Code Official shall sign and date the revised plans, and permits may be issued accordingly. Once the Code Official makes a final determination, said decision shall be transmitted to the owner in writing. The owner shall have two options at that point:

      (1)   Accept the Code Official’s determination, revise the plans if necessary, receive final approval, receive permits and proceed with the improvements.

      (2)   Appeal the decision of the Code Official to the Board of Appeals. The owner shall file a written request for an appeal with the office of the Code Official, and pay a filing fee as described in § 151.99. At a public meeting called by the Chairman of the Board all relevant information shall be reviewed. The Board may adjourn a meeting as necessary to gather additional information required to make a final decision. Having reviewed all relevant information the Board may uphold, reverse or modify the decision of the Code Official. The Board's decision shall be final. If the owner does not comply, the project shall not proceed, until the necessary modifications are agreed to.

(Ord. 7817, passed 2-6-96; Am. Ord. 8932, passed 4-1-14)

   (A)   Table.

(Ord. 7547, passed 10-1-91; Am. Ord. 7817, passed 2-6-96; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9499, passed 8-20-24)

   (A)   (1)   It shall be unlawful for any company transacting insurance business in this city to pay a claim of an insured property owner for loss to the structure located in this city where the amount recoverable for loss to the structure under a policy exceeds $5,000 until the insurance company receives the certificate required by this city.

      (2)   The company transacting insurance business in this city must give a notice to the city clerk of the insurer's intent to pay a claim which includes the name of the property owner, the address of the property, its legal description, the permanent real estate index number that identifies the property for purposes of taxation, and the amount of the claim to be paid..

   (B)   For purposes of this section, the following definitions are applicable:

      (1)   "Insured property owner" is a person named as an insured who is the owner, titleholder or mortgagee of a structure, the holder of an interest secured by the structure, the beneficiary of a land trust owning or holding title to a structure, the lessee of a structure with a contractual obligation for property taxes or the assignee of any such person.

      (2)   "Amount recoverable" is the dollar amount payable under all insurance policies for loss to the structure.

      (3)   "Proceeds" is the dollar amount payable for loss to the structure under an insurance policy.

      (4)   "Delinquent property taxes" are those property taxes on the property which are delinquent pursuant to Section 21-15, 21-20, or 21-25 of the Property Tax Code, including those delinquent taxes on property forfeited under Section 21-225 of the Property Tax Code, as of the date of loss.

   In determining delinquent property taxes under this section, the amount of property taxes for which a certificate of error has been issued pursuant to Section 14-10 or 14-20 of the Property Tax Code shall not be considered delinquent.

      (5)   "Incurred demolition expense" is:

         (a)   The cost of demolishing or removing a structure from property by or at the expense of a unit of local government if the demolition or removal occurs on a date preceding the later of:

            1.   The acceptance by the insurance company of a proof of loss for an agreed amount of proceeds, or

            2.   The date of receipt by the unit of local government of a request for execution of the certificate required by this section; or

         (b)   The amount estimated by the unit of local government when it receives a request to execute the certificate required by this section; or

         (c)   The amount ordered to be withheld by a court within 28 days after a unit of local government receives a request for execution of the certificate required by this section. The unit of local government must be a party to such proceeding.

   Incurred demolition expense shall be determined under subsection (B)(5)(a) whenever possible. In determining the incurred demolition expense under subsection (B)(5)(b), the unit of local government shall make its estimate and execute the certificate within 21 days after receiving a request for execution. If the unit of local government shall fail within 21 days to execute the certificate, as required by subsection (B)(5)(a), the company can proceed to make payment of the claim as if the certificate had been received showing no unpaid demolition costs. The request for execution may be served personally, and may be proven by a written receipt signed by the local official as of the date the request was made or by service on the local official by certified mail, return receipt requested. A court order under subsection (B)(5)(c) shall supersede an estimate under subsection (B)(5)(b).

      (6)   "Property" is the lot on which the structure is located.

      (7)   "Structure" is a building.

      (8)   "Claim" is the demand by an insured for payment under an insurance policy or policies.

      (9)   "Proof of loss" is the document on which an insured formally presents his claim to an insurance company.

      (10)   "Certificate" is the executed form prescribed by the director of insurance.

      (11)   "Executed" means signed by the appropriate official or unit of government.

   (C)   For any claim to which this section is applicable, an insured property owner must submit one of the following to the insurance company:

      (1)   A certificate that with respect to the property there are:

         (a)   No delinquent property taxes, and

         (b)   No unpaid incurred demolition expenses;

      (2)   A certificate setting forth with respect to the property:

         (a)   The amount of unpaid delinquent property taxes,

         (b)   The amount of unpaid incurred demolition expenses, and

         (c)   A direction by an insured property owner to the insurance company to pay the unpaid delinquent property taxes and unpaid incurred demolition expenses.

      (3)   Any certificate required by subsection (C)(1) or (C)(2) above shall be obtained by the insured within 21 days of the date of loss, and it shall be submitted to the insurance company upon its execution.

   (D)   If a certificate is submitted pursuant to subsection (C)(2), the insurance company shall pay the unpaid delinquent property taxes and unpaid incurred demolition expense from the proceeds payable by issuing a draft or check payable to the appropriate tax collector or unit of local government.

   (E)   If, under this section, the proceeds payable are less than the amount of the unpaid delinquent property taxes and unpaid incurred demolition expense, unpaid property taxes shall be paid first.

   (F)   If incurred demolition expense withheld pursuant to subsection (B)(5)(b) or (c) exceeds the ultimate cost of demolition, the excess shall first be applied to unpaid delinquent property taxes. Any amount of proceeds remaining shall be paid to the insured property owner.

   (G)   Nothing in this section shall be construed as:

      (1)   Making an insurance company liable for any amount in excess of the proceeds payable under its insurance policy unless the insurance company shall have made payment to the named insured without satisfying the requirements of this section;

      (2)   Making a unit of local government or tax collector an insured under an insurance policy; or

      (3)   Creating an obligation for an insurance company to pay unpaid delinquent property taxes or unpaid incurred demolition expense other than as provided in subsection (D).

   (H)   An insurance company making a payment of proceeds under this section for unpaid delinquent taxes or unpaid incurred demolition expense shall be entitled to the full benefit of such payment, including subrogation rights and other rights of assignment.

   (I)   Unpaid property taxes and unpaid incurred demolition expense for a claim for loss to a structure occurring after the issuance of a tax deed pursuant to Section 22-40 of the Property Tax Code shall not include any unpaid property tax or unpaid demolition expense arising before the issuance of the tax deed.

   (J)   The amount of unpaid demolition expense paid to the city shall be held until the repairs to or demolition of the structure have been completed and verified by the city.

(Ord. 7627, passed 3-2-93; Am. Ord. 7748, passed 3-7-95; Am. Ord. 8428, passed 5-3-05)

   Unless otherwise specifically indicated herein, the following fees shall be due and payable in the offices of the Department.

   (A)   Estimated Cost. The term "Estimated Cost" as used in this section shall mean the reasonable value of all services, labor and materials entering into and necessary to complete the work. This shall include all costs to the owner.

      (1)   Verification of the estimated cost. The Department may, after performing its own cost estimate, ask for verification of the estimated cost and/or may have an independent party prepare an estimated cost. Work shall not proceed until an acceptable estimated cost is provided and a permit is issued. If costs are found to vary more than 50% from the original estimated cost provided, then the permit fees based upon the actual costs or independent estimate of the costs associated with the work shall be doubled.

   (B)   New construction, residential. Building permit fees for the construction of new single family or two family residential buildings shall be calculated at $0.10 per square foot.

   Note: Square footage shall be calculated by measuring the outside dimension of the building and multiplying by the number of floors.

   (C) Alterations, residential. Building permit fees for additions, alterations, remodeling or repair of any residential building shall be calculated according to the following schedule:

   Estimated cost            Fee

   $0 - $3,000            $35

   $3,001 - 50,000         $35 + $5 per $1,000 of value over $3,000

   $50,001 - $1,000,000         $270 + $3 per $1,000 of value over $50,000

   Over $1,000,000          $3,120 + $2 per $1,000 of value over $1,000,000

   Note: These are accumulative fees and are exclusive of permit fees required for other permits, that is electrical, plumbing, etc. The minimum permit fee for any building permit shall be $35.

   (D)   New construction or alteration of all nonresidential buildings or structures. Building permit fees for these permits shall be calculated according to the schedule provided in division (C) above.

   (E)   Other accessory structures. Building permit fees for the construction or placement of other accessory structures for which a permit is required by the Building Code including fences, patios, decks, swimming pools, and sheds as well as sidewalks, driveways and parking lots shall be calculated according to the schedule provided in division (C) above.

   (F)   Permanent signs. Building permit fees for the construction or placement of any permanent sign shall be calculated according to the schedule provided in division (C) above. Temporary signs, as defined in Chapter 150, shall be subject to the fees as prescribed in Chapter 150.

   (G)   Demolition of building or structure. A permit fee for the demolition of a building or structure shall be calculated according to the schedule provided in division (C) above.

   (H)   Removal of building or structure. A permit fee for the removal of a building or structure from one lot to another is $200. Such permits shall be issued to a person, or company, properly bonded and licensed as home movers as provided in § 151.08.

   (I)   Installation of volatile tanks.

      (1)   A permit fee for the installation of all stationary gasoline, propane, fuel oil, or any other tank containing volatile liquids shall be calculated according to the schedule provided in division (C) above.

      (2)   No permit for the installation of volatile tanks shall be issued without approval from the Fire Department.

   (J)   Zoning permit/building permit. Each building permit issued must include a verification of proper zoning. A permit fee of $5 shall be charged for this verification.

   (K) Mechanical work. Permit fees for work covered by the Mechanical Code shall be calculated at 1.5% of the total estimated cost of the equipment installation. The minimum permit fee for any mechanical permit shall be $40.

   (L)   Plumbing work.

      (1)   Permit fees for work covered by the Plumbing Code on any residential building shall be calculated based on the table below. The word "FIXTURES" as used in this section shall include every fixture or appliance listed in the Illinois State Plumbing Code of 2014 listed under fixtures or may be directly or indirectly connected by piping to plumbing system. The minimum permit fee for any plumbing permit shall be $40.

   Improvement                Fee

   Each plumbing fixture          $15

   Each waste opening for

   future use                15

   Each water service             15

   Backflow preventers          15

   Installation of water heater       15

   Water softeners and conditioners       15

   Yard sprinklers             30

   Existing sewer tap             60

   Miscellaneous sewer repairs

   or sewer replacement          60

      (2)   Plumbing work for a commercial building. Permit fees for work covered by the Plumbing Code shall be calculated at 1.5% of the total estimated cost of the equipment installation. The minimum permit fee for any plumbing permit shall be $40.

   (M)   Electrical work. Unless otherwise specifically noted, permit fees for electrical work covered by the Electrical Code shall be calculated according to the following schedule:

   Estimated Cost         Fee

   Up to $50,000         3.5% of estimated cost ($40 minimum)

   Over $50,000         $1,750 + 1% of estimated cost over $50,000

   (N)   Building plan review fees.

      (1)   A plan review fee for commercial, assembly, institutional, warehouse, hotel, motel, and multi-family building over two units, shall be as follows:

   Square feet             Fee

   Up to 1,500             $ 150

   1,501 to 25,000           500

   25,001 to 50,000          2,000

   More than 50,000          4,000

      (2)   If, in the discretion of the Department, review of International Code Council is deemed necessary, then the fee charged by International Code Council shall be added to the above captioned fees.

   (O)   Site plan review fees. For all activities requiring a site plan per § 150.185, the site plan review fee shall be as indicated below. The site plan shall be prepared and sealed by a design professional except as allowed below.

      (1)   For sites under 1 acre in size:

         a.   Plans prepared by and sealed by a design professional: $0.

         b.   Plans not prepared by and sealed by a design professional: $100.

      (2)   For sites greater than 1 acre but less than 5 acres in size: $100.

      (3)   For sites greater than 5 acres in size: $200.

   (P)   Certificate of Occupancy.

      (1)   The application fee for a certificate of occupancy when not applied for and granted in conjunction with another permit shall be $75.

      (2)   There shall be no application fee for a certificate of occupancy when other construction permits have already been applied for and issued as part of a use change at a location.

      (3)   A certificate of occupancy shall be obtained in compliance with Chapter 150 of the City Code.

   (Q)   Subdivision application fees.

      (1)   Minor Plat          $125

      (2)   Major Plat          $150 plus $5 per lot

(Ord. 7547, passed 10-1-91; Am. Ord. 8259, passed 8-6-02; Am. Ord. 8638, passed 3-3-09; Am. Ord. 8932, passed 4-1-14; Am. Ord. 9033, passed 2-2-16; Am. Ord. 9317, passed 4-6-21)