(A)

A certain document, 3 copies of which are on file in the Office of the City Clerk of the City of Litchfield, Montgomery County, Illinois, being marked and designated as the International Building Code, 2015 Edition, including Appendix, excepting that part of the Appendix that deals with Signs and which is Appendix H, and all amendments thereto, as published by the International Code Council, be, and the same is, hereby adopted as the Building Code of the City of Litchfield, in the State of Illinois, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of the structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of the Building Code on file in the office of the City Clerk of the City of Litchfield, and are hereby referred to, adopted, and made a part of, as is fully set forth in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in division (B) of this section.

(B)

This section shall not apply to electrical or plumbing construction. In lieu thereof, the City of Litchfield adopts the Illinois Plumbing Code of the State of Illinois, and all amendments thereto (see § 151.004). Further, the City of Litchfield adopts the National Electric Code, and all amendments thereto (see § 151.003), for all electrical work and all repair, alteration, construction, change of occupancy, and any and all construction of any kind whatsoever as it relates to the electrical and plumbing construction, shall be complied with through those codes.

(1983 Code, § 6-26; Ord. 2561, passed 5-10-1990; Am. Ord. 2818, passed 9-10-1998; Am. Ord. 3068, passed 8-5-2004; Am. Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

(A) A certain document, 3 copies of which are on file in the Office of the City Clerk of the City of Litchfield, Montgomery County, Illinois, being marked and designated as the Existing Building Code, 2015 Edition, including Appendix, and any amendments thereto, as published by the International Code Council, be, and the same is, hereby adopted as the Existing Building Code of the City of Litchfield, in the State of Illinois, for regulating and governing the repair, alteration, change of occupancy, addition, and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of the Existing Building Code on file in the office of the City Clerk of the City of Litchfield, and are hereby referred to, adopted, and made a part of, as is fully set forth in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in division (B) of this section.

(B) This section shall not apply to electrical or plumbing construction. In lieu thereof, the City of Litchfield adopts the Illinois Plumbing Code of the State of Illinois, and all amendments thereto (see § 151.004). Further, the City of Litchfield adopts the National Electric Code, and all amendments thereto (see § 151.003), for all electrical work and all repair, alteration, construction, change of occupancy, and any and all construction of any kind whatsoever as it relates to the electrical and plumbing construction, shall be complied with through those codes.

(Ord. 3070, passed 8-5-2004; Am. Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from the use of electricity for light, heat, power, radio, and signals that certain code known as the National Electrical Code, recommended by the National Fire Protection Association, being particularly the latest edition thereof and the whole thereof except as modified in this subchapter. Not less than 3 copies have been, are now, and shall in the future be on file and available to all citizens upon request in the office of the City Clerk. The latest edition of the Electrical Code of the National Fire Protection Association is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the city.

(1983 Code, § 6-46; Ord. 2561, passed 5-10-1990; Am. Ord. 2818, passed 9-10-1998; Am. Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

(A)

The owner or owners of property on which any work is done on any plumbing system shall provide documentation to the city building department that the work conforms to the requirements of the State Plumbing Code.

(B)

The documentation may be accomplished by either:

(1)

Certification by the city plumbing inspector; or

(2)

Notarized certificate of compliance to the State Plumbing Code by a state-certified plumber.

(1983 Code, § 6-61; Ord. 2561, passed 5-10-1990)

Cross reference— Penalty, see § 151.999

(A)

A certain document, 3 copies of which are on file in the Office of the City Clerk of the City of Litchfield, Montgomery County, Illinois, being marked and designated as the International Residential Building Code, 2015 Edition, including Appendix, and all amendments thereto, as published by the International Code Council, excepting therefrom Section R105.2, be, and the same is, hereby adopted as the Residential Building Code of the City of Litchfield, in the State of Illinois, for regulating and governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal and demolition of detached 1 and 2 family dwellings and multiple single family dwellings not more than 3 stories in height with separate means of egress as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of the Residential Building Code on file in the office of the City Clerk of the City of Litchfield, and are hereby referred to, adopted, and made a part of, as is fully set forth in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in division (B) of this section.

(B)

This section shall not apply to electrical or plumbing construction. In lieu thereof, the City of Litchfield adopts the Illinois Plumbing Code of the State of Illinois, and all amendments thereto (see § 151.004). Further, the City of Litchfield adopts the National Electric Code, and all amendments thereto (see § 151.003), for all electrical work and all repair, alteration, construction, change of occupancy, and any and all construction of any kind whatsoever as it relates to the electrical and plumbing construction, shall be complied with through those codes.

(1983 Code, § 6-86; Ord. 2561, passed 5-10-1990; Am. Ord. 2818, passed 9-10-1998; Am. Ord. 3069, passed 8-5-2004; Am. Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

(A)

A certain document, 3 copies of which are on file in the Office of the City Clerk of the City of Litchfield, Montgomery County, Illinois, being marked and designated as the International Mechanical Code, 2015 Edition, including Appendix, and all amendments thereto, as published by the International Code Council, be, and the same is, hereby adopted as the Mechanical Code of the City of Litchfield, in the State of Illinois, for regulating and governing the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions, and terms of the Mechanical Code on file in the office of the City Clerk of the City of Litchfield, and are hereby referred to, adopted, and made a part of, as is fully set forth in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in division (B) of this section.

(B)

This section shall not apply to electrical or plumbing construction. In lieu thereof, the City of Litchfield adopts the Illinois Plumbing Code of the State of Illinois, and all amendments thereto (see § 151.004). Further, the City of Litchfield adopts the National Electric Code, and all amendments thereto (see § 151.003), for all electrical work and all repair, alteration, construction, change of occupancy, and any and all construction of any kind whatsoever as it relates to the electrical and plumbing construction, shall be complied with through those codes.

(Ord. 3067, passed 8-5-2004; Am. Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain code known as the International Fire Code, being particularly the 2015 edition, including Appendix, and the whole thereof except as modified in this subchapter. Not less than 3 copies have been, are now, and shall in the future be on file and available to all citizens upon request in the office of the City Clerk. The 2015 International Fire Code is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the city.

(Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion that certain code known as the NFPA Life Safety 101 Code, including Appendix, and the whole thereof except as modified in this subchapter. Not less than 3 copies have been, are now, and shall in the future be on file and available to all citizens upon request in the office of the City Clerk. The latest edition of the NFPA Life Safety 101 Code is hereby adopted and incorporated as fully as if set out at length herein, and the provisions thereof shall be controlling within the corporate limits of the city.

(Ord. 3174, passed 2-6-2007; Am. Ord. 3494, passed 5-18-2017)

The city hereby adopts and makes a part hereof, as fully as set forth in this section, that certain code known as the 2015 International Illinois Energy Conservation Code for Commercial and Residential Buildings.

(Ord. 3321, passed 7-5-2011; Am. Ord. 3494, passed 5-18-2017)

(A)

Remodeling and new construction fees.

(1)

The current fee schedule is available from the office of the City Clerk.

(2)

The building code shall require fees, inspection, and permits as follows.

(a)

Remodel (outside), with no structural changes. Examples: Painting, siding, windows, doors, and the like.

1.

No permit required.

2.

No fees charged.

3.

No inspections.

(b)

Remodel (inside), with no structural changes. Examples: Painting, replacing cabinets, doors, and plumbing fixtures.

1.

No permit required.

2.

No fees charged.

3.

No inspections.

(c)

Remodel (inside), with structural, mechanical, plumbing, or electrical changes.

1.

Permit required.

2.

Fee: $30 minimum. Includes initial on-site inspection and $20 per inspection as determined by the amount and type of remodeling being done. The number of inspections is determined when the permit is issued. Examples of the type of inspections:

a.

Initial on-site inspection;

b.

Foundation (if one is needed);

c.

After framing is complete and all plumbing, wiring, and heating is completed; and

d.

Final inspection.

(d)

Permits required for outside remodeling include roof replacement, but exclude roof repair on residential structures over 120 square feet, and also changing of plot plan, such as adding sheds, above-ground swimming pools, decks, fences, ramps, and the like. No roofing permits shall be required for work to be performed by the home owner(s) themselves and shall apply only to work being done by third parties.

1.

Permit required.

2.

Fee: $40 minimum. Includes plot plan zoning check and initial on-site inspection and $20 per inspection as determined by the amount and type of remodeling being done. Includes $50 minimum fee for roofing permits.

3.

Final inspection.

(e)

Remodel; additions, increasing square footage of building.

1.

Permit required.

2.

Plot plan required.

3.

Addition floor plan required showing foundation, wiring, heating, air conditioning, ventilating, and the like, as needed.

4.

Fee: $50 minimum (no plumbing); or $80 minimum (plumbing). City square-footage multiplier will be used (0.003 X building cost) if square footage exceeds minimum listed above. See division (A)(3) below regarding building cost.

(f)

New construction; garages, carports, in-ground swimming pools, and the like.

1.

Permit required.

2.

Plot plans required.

3.

Floor plan showing foundation, wiring, plumbing, and the like.

4.

Fee: $50 minimum or city square-footage multiplier (0.003 X construction cost). See division (A)(3) below regarding building cost.

5.

Inspections:

a.

Initial on-site inspection;

b.

After rough-framing or concrete work; and

c.

Final inspection upon completion or as required.

(g)

New construction; single- or 2-family residential, commercial, and industrial.

1.

Permit required.

2.

Plot plan required.

3.

Construction plans showing foundation plan, floor plan, mechanical, plumbing specifications, others as needed.

4.

Fee: City square-footage multiplier (0.003 X building cost). See division (A)(3) below regarding building cost.

5.

Inspections: Yes; number determined by type of construction and Building Inspector.

6.

All wood and masonry debris shall be completely removed, and soil brought to level of existing surrounding grade.

(h)

Demolition.

1.

Requirements for a demolition permit. Notwithstanding any other provisions of local, state or federal law, any building to be demolished or otherwise removed in whole or in part, whenever the area of demolition exceeds 280 square feet shall require a demolition permit.

2.

General procedure. An appropriate permit shall be obtained from the Building and Zoning Department prior to beginning demolition. The contractor, individual, or other business seeking a permit shall complete the required application for the permit, in the form and manner as prescribed by the Building Inspection Office. A demolition plan shall be submitted with the application. A demolition plan shall provide the following information.

a.

Demolition plan shall show the manner in which the structure would be dismantled. EXP: heavy machinery or manual labor. If manual labor is the preferred method the plan shall identify and illustrate all load bearing walls.

b.

Plan shall explain means of disposal of construction debris.

c.

Plan shall reveal any possible collateral damage to neighboring properties and the precautions that will be taken.

d.

Plan shall reveal how the contractor will barricade and secure the site when unattended.

e.

Plan shall provide a reasonable time frame for the duration of the project.

f.

Plan shall provide request for the temporary closing of any public sidewalk or streets.

g.

Plan shall have attached document stating that all pertinent utilities have been located and retired.

h.

On commercial projects plan shall have attached document of asbestos report.

3.

Bond and insurance requirements.

a.

Prior to the issuance of a demolition permit, any contractor, individual or business seeking a demolition permit, except for a private residence seeing a permit to demolish his or her own residence or accessory structure, shall post and file with the City Clerk a security bond of $500 for residential and $10,000 for non-residential projects.

b.

In addition to the above requirements, prior to the issuance of a demolition permit, any contractor, individual, or business seeking a demolition permit shall maintain comprehensive general liability insurance and shall present and file proof of the same with the City Clerk by way of certificate of insurance. Owners of private residence seeking a permit to demolish his or her own residence or accessory structure shall be exempt from this requirement.

4.

Fee schedule.

a.

If the area of demolition exceeds 1,000 square feet then a square foot multiplier of $0.05 per square foot for residential and $0.10 for commercial shall be factored in addition to the base fee stated above.

b.

On demolition projects that exceed 20,000 square feet, a $2,000 cap shall be placed on the demolition permit fees.

5.

Definitions. Unless otherwise expressly stated, the following words and terms shall be limited to this section.

a.

Private residence means residential owner occupied.

b.

Recovery of cost means the city instituting appropriate civil action in an effort to recover any and all expenses or cost, including attorney's fees incurred by the city in responding to or correcting hazardous conditions (including but not limited to fire, building collapse, medical calls, law enforcement and public work issues such as barriers, streets and sidewalk repairs).

c.

Non residential structures mean private, corporate, or government owned commercial and industrial structures.

(3)

Building cost figures are determined by International Building Valuation Data Report. The report reflects the cost of the items as overhead, profit, normal site preparation, including excavation and backfill, structural, electrical, plumbing, and mechanical work.

(B)

Fees. The fees for services in connection with the building code adopted by § 151.001 shall be as established by the City Council.

(1983 Code, § 6-26-2; 1983 Code, § 6-28; Ord. 2561, passed 5-10-1990; Ord. 2589, passed 2-7-1991; Am. Ord. 3214, passed 4-1-2008; Am. Ord. 3285, passed 6-1-2010; Am. Ord. 3297, passed 11-2-2010; Am. Ord. 3646, §§ I, II, passed 3-2-2023; Am. Ord. 3651, §§ 3—5, passed 4-20-2023)

Cross reference— Penalty, see § 151.999

If it is deemed necessary by the Building Inspector, the building permit application forms for habitable structures shall be clarified to show frost depth of footings to conform the Building Code adopted by the city with a minimum depth of 36 inches to the bottom of the footing. Footing design and dimensions will conform to the Building Code adopted by the city.

(1983 Code, § 6-27; Ord. 2561, passed 5-10-1990)

Cross reference— Penalty, see § 151.999

(A)

All developers of land who submit subdivision plats to the city and secure the city's approval thereof, within 4 years from the date of the approval and before building permits are issued for construction on the last 3 of the platted lots to be improved, whichever event occurs first, shall cause a completion of all platted improvements to meet the specifications of the city subdivision regulation ordinance in effect at the time of the approval and to provide all the services depicted on the plat.

(B)

All developers shall be personally responsible for the completion of improvements, and all persons who sign the plat as developer shall be personally responsible for the completion of the improvements.

(C)

In the event that the above-mentioned improvements are not completed within the alternative periods established in division (A) above, the city, after 30-days' notice by first class mail to the developer's last known address, may cause a completion of the subdivision to meet the requirements of this section and, thereafter, charge the developer and the signing agents of the developer personally with the cost thereof, together with interest at the then generally effective prime rate of interest and together with all court costs and attorney's fees incurred by the city in any enforcement proceedings.

(D)

The city, upon its expenditure pursuant to division (A) above, may refuse to issue any additional building permits in the subdivision until the costs of the improvements, the interest thereon, and any attorney's fees have been paid, or may, in the alternative, refuse to issue building permits until the developer completes the improvements.

(E)

The securing of the city's approval on any subdivision plat will constitute an acceptance of the terms of this section, and this section shall not be subject to repudiation or denial.

(1983 Code, § 6-29; Ord. 2561, passed 5-10-1990)

Cross reference— Penalty, see § 151.999

(A)

No building permit shall be issued for any unsubdivided property or for any lot in a subdivided property or for any lot in a subdivision until all of the streets in the unsubdivided area or in the subdivision are completed.

(B)

The provisions of division (A) shall not apply if the developer posts a bond in favor of the city in an amount equal to the estimated cost of completing the streets. The bond shall be underwritten by a surety company authorized to do business in the state.

(1983 Code, § 6-30; Ord. 2561, passed 5-10-1990)

Any fees paid for the issuance of a building permit shall be nonrefundable.

(1983 Code, § 6-31; Ord. 2561, passed 5-10-1990)

The Building Inspector of the city shall enforce the provisions of this chapter and is hereby designated as the code official as referenced in the official Building Code adopted by the city.

(1983 Code, § 6-1; Ord. 2561, passed 5-10-1990)

State Law reference— Adoption of technical codes by reference, see ILCS Ch. 65, Act 5, §§ 1-2-4 and 1-3-2; Authority to regulate construction, see ILCS Ch. 65, Act 5, § 11-30-4

Survey stakes shall be placed marking the boundaries of any tracts of land on which construction is being engaged for which building permits have been issued within the city so as to enable the Building Inspectors to determine compliance with setback lines.

(1983 Code, § 6-2; Ord. 2818, passed 9-10-98)

Cross reference— Penalty, see § 151.999

All construction sites within the city shall be cleaned up with all debris removed and placed in a safe and habitable condition before the Building Inspectors shall be authorized to make a final inspection.

(1983 Code, § 6-3; Ord. 2818, passed 9-10-98)

Cross reference— Penalty, see § 151.999

(A)

Prior to the issuance of a building permit for the construction of a commercial or multiple-family building, the person applying for the permit shall submit landscaping plans for the land upon which the building is to be located.

(B)

The plans required by division (A) above shall provide for a minimum of 20% of the gross off-street parking and vehicular use areas to be landscaped, it being the intent of the city that the implementation of the plan will protect and preserve the appearance, character, and value of surrounding properties.

(C)

The plan submitted pursuant to this section shall be approved or disapproved by the Building Inspector. If it is disapproved, the applicant may appeal the decision to the City Council.

(1983 Code, § 6-4; Ord. 2818, passed 9-10-98)

Cross reference— Penalty, see § 151.999

(A)

It shall be unlawful for any person to construct any building or other structures (other than a street) any part of which are within 15 feet of any underground high-pressure petroleum pipeline.

(B)

It shall be unlawful for any person to make any excavation, regardless of the size thereof, within 15 feet of any underground high-pressure petroleum pipeline without having first obtained a permit from the city to make that excavation.

(C)

It shall be unlawful for any person to construct a street over or within 15 feet of any underground high-pressure petroleum pipeline without first having obtained a permit from the city to construct that street. Before any person in possession of a permit constructs a street over an underground high-pressure petroleum pipeline, he or she shall cause that portion of the pipeline which will be below the street to be encased in concrete at his or her expense.

(1983 Code, § 6-6; Ord. 2561, passed 5-10-1990)

Cross reference— Penalty, see § 151.999

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CCA means chromated copper arsenate.

For use for human occupancy as applied to post-frame buildings, designates a post-frame building which is not intended to be used for storage only but which is intended to be occupied by people.

For use for storage only as applied to post-frame buildings, designates a post-frame building which is intended to be used for storage only.

Post-frame building means a post-frame building covering an area in excess of 100 square feet.

SPF means structural pine frame.

SYP means structural yellow pine lumber.

(1983 Code, § 6-101; Ord. 2818, passed 9-10-98)

(A)

Minimum specifications. The following specifications set forth the minimum acceptable design for the construction of the following portions of post-frame buildings within the city:

(1)

Foundation;

(2)

Framing;

(3)

Siding, roofing, and trim;

(4)

Entrance doors;

(5)

Windows;

(6)

Overhead doors;

(7)

Insulation; and

(8)

Miscellaneous accessories.

(B)

Foundation.

(1)

Post-frame buildings for use for human occupancy.

(a)

All concrete foundations and frostwalls must meet or exceed the requirements set forth in the most recent edition of the International Building Code for size, strength, depth, and anchor bolts.

(b)

Termite shield and sill sealer must be installed between the foundation and foundation plate.

(c)

The foundation plate must be a 4-inch by 6-inch timber and of adequate strength to resist twisting between the vertical columns.

(d)

An 11-gauge galvanized steel T-plate or its equal shall be used to tie vertical columns to the foundation plate.

(2)

Post-frame for storage only.

(a)

The hole for every post must be at least 14 inches in diameter and extend to a depth of at least 4 feet 5 inches (or to undisturbed earth if undisturbed earth is only to be found at a greater depth).

(b)

A precast concrete pad of at least 12 inches in diameter and 5 inches thick (or an amount of concrete mix poured in the hole, having the equivalent or greater dimensions) must be placed at the base of every hole.

(c)

Dirt must be backfilled into each hole around the post or column set therein and must be compacted.

(C)

Framing for post-frame buildings both for use for human occupancy and for storage only.

(1)

The post used for framing a post-frame building shall be of SYP, shall be treated with CCA or some equivalent or better treatment, shall be at least 6 inches by 6 inches in dimension, shall be spaced at 7 feet 6 inches on center at side walls (those walls supporting the roof system) and shall be spaced at no more than 10 feet 0 inches on center on end walls.

(2)

One row of 2-inch by 8-inch center-match SYP splash boards which have been treated with CCA or some equivalent or better treatment shall be fastened around the entire base of the building with 16d galvanized ring-shank nails.

(3)

Construction-grade girt boards made of 2-inch by 6-inch SPF No. 2 of lumber having equivalent or greater strength shall be spaced to obtain a 20 pounds per square foot windload in conjunction with other bracing and siding.

(4)

Continuous 2-inch by 6-inch SPF No. 2 construction-grade lumber or lumber having equivalent or greater strength shall serve as truss-support boards in conjunction with 2-inch by 6-inch SPF truss-block system. Truss-support boards shall be fastened to columns with 60d oil-quenched, hardened steel, ring-shank nails.

(5)

Pre-engineered trusses shall be spaced 7 feet 6 inches on center. The minimum load-bearing capacity for pre-engineered trusses shall be 30 pounds per square foot live load on the top chord, 5 pounds per square foot dead load on the top chord, and 6 pounds per square foot dead load on the bottom chord. All building permit applications must be accompanied by drawings sealed by an architect registered in this state and must show no less than these loads and spacings. Trusses shall be fastened at each column with 60d ring-shank nails and with a minimum of 1 ½-inch diameter bolt at each end.

(6)

For load-bearing capacity:

(a)

Post-frame buildings for use for human occupancy. All trusses at the ends of post-frame buildings shall be braced with 2-inch by 6-inch SPF corner bracing diagonally. At other than the ends of post-frame buildings, all trusses shall be braced with 2-inch by 4-inch SPF per truss engineer's specifications. Additional bracing must be used where necessary to maintain a load-bearing capacity of 40 pounds per square foot live load and 30 pounds per square foot dead load on the roof and sides of a post-frame building; or

(b)

Post-frame buildings for storage only. All trusses at the ends of post-frame buildings shall be braced with 2-inch by 6-inch SPF corner bracing diagonally. At other than the ends of post-frame buildings, all trusses shall be braced with 2-inch by 4-inch SPF per truss engineer's specifications. Additional bracing must be used where necessary to maintain a load-bearing capacity of 30 pounds per square foot live load and 20 pounds per square foot dead load on the roof and sides of a post-frame building.

(7)

Purlins shall consist of 2-inch by 4-inch SPF No. 2 construction-grade lumber or lumber of equivalent or greater strength and shall be spaced on center 2 feet 0 inches. Each purlin shall be fastened to the trusses with 60d oil-quenched, hardened steel, ring-shank nails. The end of each purlin shall lap the end of the next purlin, and the ends of those overlapping purlins shall be tied together with two 16g galvanized ring-shank nails.

(8)

All interior walls and the ceilings shall be striped with 2-inch by 4-inch SPF No. 2 construction-grade lumber or lumber of equivalent or greater strength and shall be spaced 2 feet 0 inches on center application of the interior finish. The 2-inch by 4-inch timbers used in the ceiling must be set in approved metal joist hangers.

(D)

Siding, roofing, and trim.

(1)

Standard siding, roofing, and trim shall be used on all post-frame buildings. This standard siding, roofing, and trim shall be made from 29-gauge steel having a yield-strength of 80,000 psi, coated on both sides with at least a G60 galvanized coating, and having at least a 20-year warranty on the finish.

(2)

Trims must be made of the same gauge and grade of steel as the roofing and siding on post-frame buildings. Post-frame buildings shall incorporate a base trim on all side walls. Eave trim shall be installed at the top of the side wall steel on eave sides. Outside corner trim having dimensions of 5 inches by 5 inches shall be installed on all corners. Flashing trims shall be installed at all windows and service door openings. Jamb trims at sliding and overhead doors shall wrap the wooden jambs. Doorstop flashings shall seal around overhead doors. A form-fitted or straight-design ridge cap with foam-fitted closure strips shall be used.

(3)

Side wall sheet steel shall be nailed to posts, purlins, and trusses with galvanized ring-shank nails with neoprene washers. Roof sheet steel shall be fastened to wood purlins by self-drilling screws with neoprene washers.

(E)

Entrance doors. The frame for each entrance door shall be a standard heavy metal frame having a gauge of at least 16. All door panels for an entrance door shall consist of 24-gauge steel. Each entrance door shall be hung with 3 hinges. Each entrance door shall have an insulated core rather than a hollow core. Each entrance door shall be equipped with a standard key-in-knob lock set.

(F)

Windows. All windows used in post-frame buildings shall be 1 of the following designs: standard aluminum, thermal break frame, insulated glass, horizontal sliders, single-hung, or fixed picture.

(G)

Insulation.

(1)

Insulation board must be fire-rated at 1 hour.

(2)

Fiberglass-type insulation shall meet the requirements of the most recent edition of the International Building Code.

(1983 Code, § 6-102; 1983 Code, § 6-103; 1983 Code, § 6-104; 1983 Code, § 6-105; 1983 Code, § 6-106; 1983 Code, § 6-107; 1983 Code, § 6-108; Ord. 2818, passed 9-10-98)

Cross reference— Penalty, see § 151.999

A Code Hearing Department, an executive department of the city, is hereby created and established, and ILCS Ch. 65, Act 5, §§ 11-31.1-1 et seq. are hereby adopted by reference and incorporated into this subchapter as though fully set forth herein.

(1983 Code, § 6-9; Ord. 2924, passed 3-8-2001)

Cross reference— Code Hearing Department, see Ch. 37

The Code Hearing Department shall consist of the Code Hearing Officer, who shall be appointed by the Mayor with the advice and consent of the City Council, and the assistants and other employees as the City Council may from time to time provide.

(1983 Code, § 6-10; Ord. 2924, passed 3-8-2001)

The procedures set forth under this subchapter shall not be exclusive and nothing contained in this subchapter shall preclude the city from seeking any other remedy available at law, in equity, or by other administrative proceedings.

(1983 Code, § 6-11; Ord. 2924, passed 3-8-2001)

Cross reference— Penalty, see § 151.999

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Building inspector means a full-time state, county, or municipal employee whose duties include the inspection or examination of structures in a municipality to determine if code violations exist.

Building owner means the legal or beneficial owner of a structure.

Code means any municipal ordinance, law, or housing or building code that establishes construction, plumbing, heating, electrical, fire prevention, sanitation, or other health and safety standards that are applicable to structures in a municipality.

Hearing officer means a municipal employee or an officer or agent of a municipality, other than a Building Inspector or law enforcement officer, whose duty it is to:

(A)

Preside at an administrative hearing called to determine whether or not a code violation exists;

(B)

Hear testimony and accept evidence from the Building Inspector, the building owner, and all interested parties relevant to the existence of a code violation;

(C)

Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and

(D)

Issue and sign a written finding, decision, and order stating whether a code violation exists.

(1983 Code, § 6-12; Ord. 2924, passed 3-8-2001)

State Law reference— (ILCS Ch. 65, Act 5, § 11-31.1-1)

(A)

Prior to conducting proceedings under this subchapter, hearing officers shall successfully complete a formal training program that includes the following:

(1)

Instruction on the rules and procedure of the hearing they will conduct;

(2)

Orientation to each subject area of the code violations they will administer;

(3)

Observation of administrative hearings; and

(4)

Participation in hypothetical cases, including rules on evidence and issuing final orders.

(B)

In addition, the hearing officer must be an attorney licensed to practice law in this state for at least 3 years.

(1983 Code, § 6-13; Ord. 2924, passed 3-8-2001)

The hearing officer presiding over all adjudicatory hearings shall have the following powers and duties:

(A)

Hear testimony and accept evidence that is relevant to the existence of the code violation; however, the strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized under this subchapter;

(B)

Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;

(C)

Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;

(D)

Issue and sign a written finding, decision, and order stating whether a code violation exists; and

(E)

Impose penalties, sanctions, or other relief consistent with applicable code provisions and assess costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to impose a penalty of incarceration.

(1983 Code, § 6-14; Ord. 2924, passed 3-8-2001)

Cross reference— Penalty, see § 151.999

(A)

A Code Hearing Department is also created under the terms of this subchapter.

(B)

The Code Hearing Department shall be responsible, authorized, and directed to perform the following duties:

(1)

Operate and manage the system administrative adjudication of city ordinance violations as may be permitted by law and directed by ordinance;

(2)

Adopt, distribute, and process all notices that may be required under this subchapter as well as under ILCS Ch. 65, Act 5, or as may be reasonably required to carry out the purposes of the chapter;

(3)

Collect monies paid as fines or penalties assessed after final determination of liability;

(4)

Certify copies of final determinations of an ordinance violation adjudication pursuant to this subchapter and the Illinois Compiled Statutes and any factual reports verifying the final determination of any violation liability which was issued in accordance with this subchapter and the Illinois Compiled Statutes, specifically the laws of this state, including ILCS Ch. 625, Act 5, § 11-208.3, as from time to time amended;

(5)

Certify reports to the Secretary of State concerning initiation and suspension of driving privileges in accordance with the provisions of this subchapter; and

(6)

Maintain and be the official custodian of the records of all administrative hearings, notices, and all related matters which shall include:

(a)

A record of the testimony presented at the hearing, which may be by tape recording or other approved means;

(b)

A copy of the violation notice and report form; and

(c)

A copy of the findings, decision, and order of the hearing officer.

(1983 Code, § 6-15; Ord. 2924, passed 3-8-2001)

(A)

There is further created the position of hearing room security personnel, which shall be a qualified, off-duty, full-time, part-time, or auxiliary police officer.

(B)

Hearing room security personnel are hereby authorized and directed to:

(1)

Maintain hearing room decorum;

(2)

Have and execute authority as is granted to courtroom deputies of the circuit court; and

(3)

Perform those other duties or acts as may be reasonably required and directed by the hearing officer.

(1983 Code, § 6-16; Ord. 2924, passed 3-8-2001)

The Mayor is hereby authorized to appoint persons to hold the position of ordinance enforcement administrator, who shall be the head of the Code Hearing Department. This appointment shall be with the advice and consent of the City Council. Hearing room security personnel shall be assigned by the Police Chief of the city to be present on the date of hearings and shall be personnel as are qualified and set forth in this subchapter.

(1983 Code, § 6-17; Ord. 2924, passed 3-8-2001)

(A)

When a Building Inspector finds a code violation while inspecting a structure, he or she shall note the violation on a multiple-copy violation notice and report form, indicating the name and address of the structure owner, a citation to the specific code provision or provisions alleged to have been violated, a description of the circumstances present that constitute the alleged violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the structure where the violation is observed.

(B)

The violation report form shall be forwarded by the Building Inspector to the Code Hearing Department where a docket number shall be stamped on all copies of the report, and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 nor more than 40 days after the violation is reported by the Building Inspector.

(C)

One copy of the violation report form shall be maintained in the files of the Code Hearing Department and shall be part of the record of hearing; 1 copy of the report shall be returned to the Building Inspector so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated; and 1 copy of the report form shall be served by first class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than 20 days before the hearing is scheduled.

(D)

At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of the Building Inspector or the attorney for the city, or the owner or his or her attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for hearing the owner or his or her attorney fails to appear, the hearing officer may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation. The Building Inspector's signed violation notice and report form shall be prima facie evidence of the existence of the code violations described therein.

(E)

No continuances shall be authorized by the hearing officer in proceedings under this subchapter except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this subchapter shall not exceed 25 days. The case for the city may be presented by the Building Inspector, by any other municipal employee, or by an attorney designated by the city. However, in no event shall the case for the city be presented by an employee of the Code Hearing Department. The case for the dwelling owner may be presented by the owner, his or her attorney, or any other agent or representative.

(F)

No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding shall be threatened or instituted against an occupant of a dwelling solely because the occupant agrees to testify or testifies at a code violation hearing.

(G)

It shall be a defense to a code violation charged under this subchapter if the owner, his or her attorney, or any other agent or representative proves to the hearing officer's satisfaction that:

(1)

The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed;

(2)

The code violation has been caused by the current building occupants, and in spite of reasonable attempts by the owner to maintain the dwelling free of those violations, the current occupants continue to cause the violations; or

(3)

An occupant or resident of the dwelling has refused entry to the owner or his or her agent to all or a part of the dwelling for the purpose of correcting the code violation.

(1983 Code, § 6-18; Ord. 2924, passed 3-8-2001)

Cross reference— Penalty, see § 151.999

State Law reference— (ILCS Ch. 65, Act 5, §§ 11-31.1-4 through 11-31.1-6, 11-31.1-8, and 11-31.1-9)

At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision, and order. The findings, decision, and order shall include the hearing officer's findings of fact, a decision whether or not a code violation exists based upon the findings of fact, and an order, ordering the owner to correct the violation, or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved and require the owner to pay to the city the costs of the hearing before the hearing officer. The hearing officer shall determine the costs incurred by the city for the hearing, including, but not limited to, court reporter fees, the costs of transcripts of records, attorney's fees, the costs of preparing and mailing notices and orders, and all other miscellaneous expenses incurred by the city. A copy of the findings, decision, and order shall be served on the owner within 5 days after they are issued; service shall be in the same manner as the report form and summons are served as provided hereinabove. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the code.

(1983 Code, § 6-19; Ord. 2924, passed 3-8-2001)

Cross reference— Penalty, see § 151.999

State Law reference— (ILCS Ch. 65, Act 5, § 11-31.1-10)

The findings, decision, and order of the hearing officer shall be subject to review in the circuit court, and the provisions of the Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq., and all amendments and modifications thereto, and the rules adopted pursuant thereto, are adopted and shall apply to and govern every action for the judicial review of the final findings, decision, and order of a hearing officer under this subchapter.

(1983 Code, § 6-20; Ord. 2924, passed 3-8-2001)

State Law reference— (ILCS Ch. 65, Act 5, § 11-31.1-11)

(A)

Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq., shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.

(B)

After expiration of the period within which judicial review under the Administrative Review Law may be sought for a final determination of the code violation, the city may commence a proceeding in the circuit court for purposes of obtaining a judgment on the findings, decision, and order. Nothing in this section shall prevent the city from consolidating multiple findings, decisions, and orders against a person in a proceeding. Upon commencement of the action, the city shall file a certified copy of the findings, decision, and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision, and order were issued in accordance with this subchapter. Service of the summons and a copy of the petition may be by any method provided by ILCS Ch. 735, Act 5, § 2-203, or by certified mail, return receipt requested, provided that the total amount of fines, other sanctions, and costs imposed by the findings, decision, and order does not exceed $2,500.

(C)

If the court is satisfied that the findings, decision, and order were entered in accordance with the requirements of this subchapter, and that the building owner had an opportunity for a hearing under this subchapter and for judicial review as provided in this subchapter:

(1)

The court shall render judgment in favor of the city and against the building owner for the amount indicated in the findings, decision, and order, plus costs. This judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and

(2)

The court may also issue those other orders and injunctions as are requested by the city to enforce the order of the hearing officer to correct a code violation.

(1983 Code, § 6-21; Ord. 2924, passed 3-8-2001)

Cross reference— Penalty, see § 151.999

State Law reference— (ILCS Ch. 65, Act 5, § 11-31.1-11.1)

The order to correct a code violation and the sanctions imposed by the city as a result of a finding of a code violation under this subchapter shall attach to the property as well as to the owner of the property, so that a finding of a code violation against 1 owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision, and order of a hearing officer under this subchapter.

(1983 Code, § 6-22; Ord. 2924, passed 3-8-2001)

Cross reference— Penalty, see § 151.999

State Law reference— (ILCS Ch. 65, Act 5, § 11-31.1-12)

(A)

Violation of any provision of this chapter for which no other penalty is provided shall, upon conviction, be punishable as provided in § 10.99 of this code.

(B)

(1)

Any person who shall violate a provision of the building code adopted under § 151.001 of this code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter, or repair a building or structure in violation of any approved plan or directive of the Building Official or of a permit or certificate issued under the provisions of that building code shall be guilty of a civil offense punishable by a fine only of not less than $100 and not more than $750. Each day that the violation continues shall be deemed a separate offense.

(2)

Any person who shall continue any work in or about a structure after having been served with a stop work order under the above-named building code, except work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $100 and not more than $750. Each day that the unlawful continuance of work occurs shall be deemed a separate offense.

(C)

A violation of §§ 151.055 et seq. shall be punishable by a fine of at least $25 and not more than $500. Each day that a violation continues shall be considered as a separate offense.

(D)

Any person, firm or corporation which violates any provisions of § 151.020(h) shall, in addition to such other relief as the law may afford, be subject to a minimum fine of $500 for the first offense and $1,000 for each subsequent offense. The city may appropriate civil action to recover any and all expenses or costs, including attorney's fees, incurred by the city in enforcing this division.

(1983 Code, § 6-26; 1983 Code, § 6-110; Am. Ord. 2818, passed 9-10-1998; Ord. 2561, passed 5-10-1990; Am. Ord. 3285, passed 6-1-2010)