The owner, agent, occupant or person charged with the custody of any public building, auditorium, hotel, theater, lodge hall or church, and in the case of schools, the president of the board of education or the person in charge thereof and owning the same, shall be held liable for the equipment and maintenance of such apparatus as is required in this Article for the maintenance and safety of all exits, stairs, doors, windows or passageways.

(Prior Code, § 6-6-1)

All occupants shall comply with City and State Fire Prevention Codes. (See Chapter 3, Article V, Division 2.)

(Prior Code, § 6-6-2)

Any person violating any provision of this Article shall be subject to penalty as provided in Section 1-1-15.

(Prior Code, § 6-6-3)

Fees for permits, plan reviews, inspections, licenses, stop work orders, and certificates described in this Article shall be set from time to time by the City Council and published on a fee schedule by the Community Development Department.

(Ord. No. 4195-24-25 meeting, § 2, 6-10-2024)

A certain document, one copy of which is on file in the office of the City Clerk of the City of Pekin, being marked and designated as "The International Building Code, 2015 edition," "The International Residential Code for One- and Two-Family Dwellings, 2015 edition," and "The International Existing Building Code, 2015 edition," as published by the International Code Council, Inc., are hereby affirmed as the Building Code of the City Manager Form of Government of the City of Pekin in the State of Illinois, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Division, with the additions, insertions, deletions and changes, if any, prescribed in this Division.

(Ord. No. 2791-18/19, § 2(7-1A-1), 9-24-2018)

The following are additions, insertions and changes to the International Building Code:

Revisions to the International Building Code

(Ord. No. 2791-18/19, § 2(7-1A-2), 9-24-2018)

Appendices as set forth in the International Building Code are hereby adopted by reference and are hereby made part of this Article with the same force and effect as if fully set forth herein.

(Ord. No. 2791-18/19, § 2(7-1A-3), 9-24-2018)

A certain document, a copy of which is on file in the office of the City Clerk, being marked and designated as "International Residential Code for One- and Two-Family Dwellings, 2015 edition (the "Residential Building Code") and all other supplements as they are published hereafter, be and is hereby adopted as the One- and Two- Family Dwelling Code of the City, for the control of buildings and structures as provided therein and each and all of the regulations, provisions, penalties, conditions and terms of the One- and Two-Family Dwelling Code, except, however, those additions, insertions and changes described in Section 4-1-3-2.

(Ord. No. 2791-18/19, § 2(7-1B-1), 9-24-2018)

The following items are additions, insertions and changes to the International Residential Code for One- and Two-Family Dwellings:

Revisions to the International Residential Code for One- and Two-Family Dwellings

(Ord. No. 2791-18/19, § 2(7-1B-2), 9-24-2018; Ord. No. 4119-23-24, § 2, 10-23-2023)

Appendix E, Appendix F, and Appendix J, as set forth in the International Residential Code for One- and Two-Family Dwellings, are hereby adopted by reference and are hereby made part of this Division with the same force and effect as if fully set forth herein.

(Ord. No. 2791-18/19, § 2(7-1B-3), 9-24-2018)

The International Code Council, Inc., 2015 edition of the International Mechanical Code is hereby adopted by reference and affirmed as the Mechanical Code of the City of Pekin, in the State of Illinois, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Mechanical Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Division, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-1-5-2.

(Ord. No. 2791-18/19, § 2(7-1F-1), 9-24-2018)

The following items are the additions, insertions and changes to the International Mechanical Code:

Revisions to the International Mechanical Code

(Ord. No. 2791-18/19, § 2(7-1F-2), 9-24-2018; Ord. No. 4119-23-24, § 3, 10-23-2023; Ord. No. 4195-24-25 meeting, § 2, 6-10-2024)

Plumbing and fixtures installed in any building or structure in the City must be installed to comply with the Illinois State Plumbing Code, most recent edition (225 ILCS 320/35), as promulgated by the Illinois Department of Public Health is hereby affirmed as the standard of specifications for plumbing within the City. It shall be unlawful to install any plumbing or fixtures in any structure in the City, which do not comply with the Illinois State Plumbing Code. There shall be kept on file at all times in the office of City Clerk a minimum of one copy of the most recent edition of the Illinois State Plumbing Code, and all future amendments thereto, and same shall be kept available for public inspection.

(Ord. No. 2791-18/19, § 2(7-1C-1), 9-24-2018)

The International Code Council, Inc., 2015 edition of the International Fuel Gas Code is hereby adopted by reference and affirmed as the Fuel Gas Code of the City of Pekin, in the State of Illinois, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fuel Gas Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Division, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-1-7-2.

(Ord. No. 2791-18/19, § 2(7-1G-1), 9-24-2018)

The following items are the additions, insertions and changes to the International Fuel Gas Code:

Revisions to the International Fuel Gas Code

(Ord. No. 2791-18/19, § 2(7-1G-2), 9-24-2018)

The International Code Council, Inc., 2018 edition of the International Energy Conservation Code is hereby adopted by reference and affirmed as the Energy Conservation Code of the City of Pekin, in the State of Illinois, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Energy Conservation Code are hereby referred to, affirmed and made a part hereof as if fully set out in this Division, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-1-8-2.

(Ord. No. 2791-18/19, § 2(7-1H-1), 9-24-2018)

State Law reference— Energy Efficient Building Act, 20 ILCS 3125/1 et seq.

The following items are the additions, insertions and changes to the International Energy Conservation Code:

Revisions to the International Energy Conservation Code

(Ord. No. 2791-18/19, § 2(7-1H-2), 9-24-2018)

The International Code Council, Inc., 2015 edition of the International Existing Building Code is hereby adopted by reference and affirmed as the Existing Building Code of the City of Pekin, in the State of Illinois, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Existing Building Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Division, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-1-9-2.

(Ord. No. 2791-18/19, § 2(7-1I-1), 9-24-2018)

The following are additions, insertions and changes to the International Existing Building Code:

Revisions to the International Existing Building Code

(Ord. No. 2791-18/19, § 2(7-1I-2), 9-24-2018)

All plumbing installed within the City shall be installed in accordance with the Illinois Plumbing Code, 77 Ill. Admin. Code pt. 890. If in accordance with the Illinois Plumbing Code or in the judgment of the Plumbing Inspector for the City, or his authorized agent, an approved backflow prevention device is necessary for the safety of the public water supply system, the Plumbing Inspector for the City, or his authorized agent, will give notice to the water customer to install such an approved device immediately. The water customer shall, at his own expense, install such an approved device at a location and in a manner in accordance with the Illinois Plumbing Code, Illinois Environmental Protection Agency and all applicable local regulations, and shall have inspections and tests made of such approved devices upon installation and as required by the Illinois Plumbing Code, Illinois Environmental Protection Agency and local regulations.

(Prior Code, § 5-3-1)

No person shall establish or permit to be established or maintain or permit to be maintained any connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the Illinois-American Water Company, or its successor, may enter the supply or distribution system of the City, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Plumbing Inspector for the City, or his authorized agent, and the Illinois Environmental Protection Agency.

(Prior Code, § 5-3-2)

It shall be the duty of the Plumbing Inspector for the City, or his authorized agent, to cause surveys and investigations to be made of commercial, industrial and other properties served by the public water supply to determine whether actual or potential hazards to the public water supply may exist. Such surveys and investigations shall be made a matter of public record and shall be repeated at least every two years, or as often as the Plumbing Inspector for the City, or his authorized agent, shall deem necessary. Records of such surveys shall be maintained and available for review for a period of at least five years.

(Prior Code, § 5-3-3)

The approved cross-connection control device inspector shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Illinois-American Water Company, or its successor, for the purpose of verifying the presence of cross-connections, and that the Plumbing Inspector for the City, or his authorized agent, shall have the right to enter at any reasonable time any property served by a connection to the public water supply or distribution system of the Illinois-American Water Company, or its successor, for the purpose of verifying information submitted by the customer regarding the required cross-connection control inspection. On demand, the owner, lessees or occupants of any property so served shall furnish to the Plumbing Inspector for the City, or his authorized agent, any information which he may request regarding the piping system or systems or water use on such property. The refusal of such information, when demanded, shall, within the discretion of the Chief Building Official or Plumbing Inspector for the City, or their authorized agent, be deemed evidence of the presence of improper connections as provided in this Division.

(Prior Code, § 5-3-4; Ord. No. 4119-23-24, § 4, 10-23-2023)

The Plumbing Inspector for the City, or his authorized agent, is hereby authorized and directed to notify the Illinois-American Water Company to discontinue, after reasonable notice to the occupant thereof, the water service to any property wherein any connection in violation of the provisions of this Division is known to exist, and to take such other precautionary measures as he may deem necessary to eliminate any danger of contamination of the public water supply distribution mains. Water service to such property shall not be restored until such conditions have been eliminated or corrected in compliance with the provisions of this Division, and until an appropriate reconnection fee is paid to the Illinois-American Water Company. Immediate disconnection with verbal notice can be effected when the Plumbing Inspector for the City, or his authorized agent, is assured that imminent danger of harmful contamination of the public water supply system exists. Such action shall be followed by written notification of the cause of disconnection. Immediate disconnection without written notice to any party can be effected to prevent actual or anticipated contamination or pollution of the public water supply, provided that, in the reasonable opinion of the Plumbing Inspector for the City, or his authorized agent, or the Illinois Environmental Protection Agency, such action is required to prevent actual or potential contamination or pollution of the public water supply. Neither the Illinois-American Water Company, or its successor, or Plumbing Inspector for the City, or their agents or assignees, shall be liable to any customer for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this Division, whether or not said termination was with or without notice.

(Prior Code, § 5-3-5)

The consumer responsible for back-siphoned or back-pressured material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system.

(Prior Code, § 5-3-6)

For the purpose of regulating cross-connection control set forth in this Division, the following rules and regulations set forth in this Section are hereby adopted as a part of this Division:

(1)

Purpose. The purpose of these rules and regulations is:

a.

To protect the public water supply system from contamination or pollution by isolating within the customer's water system contaminants or pollutants which could backflow through the service connection into the public water supply system.

b.

To promote the elimination or control of existing cross-connections, actual or potential, between the public or consumer's potable water system and nonpotable water systems, plumbing fixtures and sources or systems containing substances of unknown or questionable safety.

c.

To provide for the maintenance of a continuing program of cross-connection control which will prevent the contamination or pollution of the public and consumer's potable water systems.

(2)

Application of rules and regulations. These rules and regulations shall apply to all premises served by the public potable water supply system of the City.

(3)

Policy. The owner or official custodian shall be responsible for protection of the public water supply system from contamination due to backflow or back-siphonage of contaminants through the customer's water service connection. If, in the judgment of the Plumbing Inspector for the City, or his authorized representative, an approved backflow prevention device is necessary for the safety of the public water supply system, the Plumbing Inspector for the City, or his authorized agent, shall give notice to the consumer to install such approved backflow prevention device at each service connection to the premises. The consumer shall immediately install such approved device at his own expense. Failure, refusal or inability on the part of the consumer to install such devices immediately shall constitute grounds for discontinuing water service to the premises until such devices have been installed. The consumer shall retain records of installation, maintenance, testing and repair as required in Section 4-1-10-11(d)(4) for a period of at least five years. The Plumbing Inspector for the City, or his authorized agent, may require the consumer to submit a cross-connection inspection report to the Plumbing Inspector for the City to assist in determining whether or not to service line protection will be required. All cross-connection inspections shall be conducted by a Cross-Connection Control Device Inspector certified by the Illinois Environmental Protection Agency.

(Prior Code, §§ 5-3-7, 5-3-7-1)

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

Agency means the Illinois Environmental Protection Agency.

Approved means backflow prevention devices or methods approved by the Research Foundation for Cross-Connection Control of the University of Southern California, Association of State Sanitary Engineers, American Water Works Association, American National Standards Institute or certified by the National Sanitation Foundation.

Auxiliary water system means any water source or system on or available to the premises other than the public water supply system and includes the water supplied by the system. These auxiliary waters may include water from another purveyor's public water supply system; or water from a source such as wells, lakes, streams or process fluids; or used water. These waters may be polluted or contaminated or objectionable or constitute a water source or system over which the water purveyor does not have control.

Backflow means the flow of water or other liquids, mixtures, or substances into the distribution pipes of a potable water system from any source other than the intended source of the potable water supply.

Backflow prevention device means any device, method or type of construction intended to prevent backflow into a potable water system. All devices used for backflow prevention in Illinois must meet the standards of the Illinois Plumbing Code and the Illinois Environmental Protection Agency.

Consumer or customer means the owner, official custodian or person in control of any premises supplied by or in any manner connected to a public water system.

Consumer's water system means any water system located on the customer's premises. A building plumbing system is considered to be a customer's water system.

Contamination means an impairment of the quality of the water by entrance of any substance to a degree which could create a health hazard.

Cross-connection means any physical connection or arrangement between two otherwise separate piping systems, one of which contains potable water and the other a substance of unknown or questionable safety or quality, whereby there may be a flow from the system into the other.

Direct cross-connection means a cross-connection formed when a water system is physically joined to a source of unknown or unsafe substance.

Double check valve assembly means an assembly composed of single, independently acting check valves approved under ASSE Standard 1015. A double check valve assembly must include tight shutoff valves located at each end of the assembly and suitable connections for testing the watertightness of each check valve.

Fixed proper air gap means the unobstructed vertical distance through the free atmosphere between the water discharge point and the flood level rim of the receptacle.

Health hazard means any condition, device or practice in a water system or its operation resulting from a real or potential danger to the health and wellbeing of consumers. The term "severe," as used to qualify a health hazard, means a hazard to the health of the user that could be expected to result in death or significant reduction in the quality of life.

Indirect cross-connection means a cross-connection through which an unknown substance can be forced, drawn by vacuum or otherwise introduced into a safe potable water system.

Inspection means a plumbing inspection to examine carefully and critically all materials, fixtures, piping and appurtenances, appliances and installations of a plumbing system for compliance with requirements of the Illinois Plumbing Code, 77 Ill. Admin. Code pt. 890.

Nonpotable water means water not safe for drinking, personal or culinary use as determined by the requirements of 35 Ill. Admin. Code pt. 604.

Plumbing means the actual installation, repair, maintenance, alteration or extension of a plumbing system by any person. The term "plumbing" includes all piping, fixtures, appurtenances and appliances for a supply of water for all purposes, including, without limitation, lawn sprinkler systems, from the source of a private water supply on the premises or from the main in the street, alley or at the curb to, within and about any building where persons live, work or assemble. The term "plumbing" includes all piping, from discharge of pumping units to and including pressure tanks in water supply systems. The term "plumbing" includes all piping, fixtures, appurtenances and appliances for a building drain and a sanitary drainage and related ventilation system of any building where persons live, work or assemble from the point of connection of such building drain to the building sewer or private sewage disposal system five feet beyond the foundation walls.

Pollution means the presence of any foreign substance (organic, inorganic, radiological, or biological) in water that tends to degrade its quality so as to constitute a hazard or impair the usefulness of the water.

Potable water means water which meets the requirements of 35 Ill. Admin. Code pt. 611 for drinking, culinary and domestic purposes.

Potential cross-connection means a fixture or appurtenance with threaded hose connection, tapered spout or other connection which would facilitate extension of water supply line beyond its legal termination point.

Process fluids means any fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, pollution or system hazard if introduced into the public or a consumer's potable water system. The term "process fluids" includes, but is not limited to:

(1)

Polluted or contaminated waters;

(2)

Process waters;

(3)

Used waters originating from the public water supply system which may have deteriorated in sanitary quality;

(4)

Cooling waters;

(5)

Questionable or contaminated natural waters taken from wells, lakes, streams, or irrigation systems;

(6)

Chemicals in solution or suspension;

(7)

Oils, gases, acids, alkalis and other liquid and gaseous fluids used in industrial or other processes, or for firefighting purposes.

Public water supply means all mains, pipes and structures through which water is obtained and distributed to the public, including wells and well structures, intakes and cribs, pumping stations, treatment plants, reservoirs, storage tanks and appurtenances, collectively or severally, actually used or intended for use for the purpose of furnishing water for drinking or general domestic uses and which serve at least 15 service connections or which regularly serve at least 25 persons at least 60 days per year. A public water supply is either a community water supply or a noncommunity water supply.

Reduced pressure principle backflow preventiondevice means a device containing a minimum of two independently acting check valves together with an automatically operated pressure differential relief valve located between the two check valves and approved under ASSE Standard 1013. During normal flow and at the cessation of normal flow, the pressure between these two checks shall be less than the supply pressure. In cases of leakage of either check valve, the differential relief valve, by discharging to the atmosphere, shall operate to maintain the pressure between the check valves at less than the supply pressure. The unit must include tightly closing shutoff valves located at each end of the device, and each device shall be fitted with properly located test clocks.

Service connection means the opening, including all fittings and appurtenances, at the water main through which water is supplied to the user.

Survey means the collection of information pertaining to a customer's piping system regarding the location of all connections to the public water supply system and must include the location, type and most recent inspection and testing date of all cross-connection control devices and methods located within that customer's piping system. The survey must be in written form, and should not be an actual plumbing inspection.

System hazard means a condition through which an aesthetically objectionable or degrading material not dangerous to health may enter the public water supply system or a consumer's potable water system.

Used water means any water supplied by a public water supply system to a consumer's water system after it has passed through the service connection and is no longer under the control of the water supply official custodian.

Water purveyor means the owner or official custodian of a public water system.

(Prior Code, § 5-3-7-2)

(a)

The water system shall be considered as made up of two parts: the public water supply and the consumer's water system.

(b)

The public water supply system shall consist of the source facilities and the distribution system, and shall include all those facilities of the potable water system under the control of the Illinois-American Water Company, or its successor, up to the point where the consumer's water system begins.

(c)

The source shall include all components of the facilities utilized in the production, treatment, storage, and delivery of water to the public water supply distribution system.

(d)

The public water supply distribution system shall include the network of conduits used to deliver water from the source to the consumer's water system.

(e)

The consumer's water system shall include all parts of the facilities beyond the service connection used to convey water from the public water supply distribution system to points of use.

(Prior Code, § 5-3-7-3)

(a)

Approval required. Connections between potable water systems and other systems or equipment containing water or other substances of unknown or questionable quality are prohibited except when and where approved cross-connection control devices or methods are installed, tested and maintained to ensure proper operation on a continuing basis.

(b)

Prohibited acts.

(1)

No physical connection shall be permitted between the potable portion of a supply and any other water supply not of equal or better bacteriological and chemical quality as determined by inspection and analysis by the Agency.

(2)

There shall be no arrangement or connection by which an unsafe substance may enter a supply.

(Prior Code, § 5-3-7-4)

(a)

The consumer's premises shall be open at all reasonable times to the approved cross-connection control device inspector for the inspection of the presence or absence of cross-connections within the consumer's premises, and testing, repair and maintenance of cross-connection control devices within the consumer's premises.

(b)

On request by the Plumbing Inspector for the City, or his authorized representative, the consumer shall furnish information regarding the piping system or systems or water use within the customer's premises. The consumer's premises shall be open at all reasonable times to the Plumbing Inspector for the City, or his authorized agent, for the verification of information submitted by the consumer to the Plumbing Inspector for the City, regarding piping systems or water use within the consumer's premises.

(c)

It shall be the responsibility of the water consumer to arrange periodic surveys of water use practices on his premises to determine whether there are actual or potential cross-connections to his water system through which contaminants or pollutants could backflow into his or the public potable water system. All cross-connection control or other plumbing inspections must be conducted in accordance with the Illinois Plumbing Code.

(d)

It is the responsibility of the water consumer to prevent backflow into the public water system by ensuring that:

(1)

All cross-connections are removed, or approved cross-connection control devices are installed for control of backflow and back-siphonage.

(2)

Cross-connection control devices shall be installed in accordance with the manufacturer's instructions.

(3)

Cross-connection control devices shall be inspected at the time of installation and at least annually by a person approved by the Agency as a Cross-Connection Control Device Inspector (CCCDI). The inspection of mechanical devices shall include physical testing in accordance with the manufacturer's instructions.

(4)

Testing and records.

a.

Each device shall be tested at the time of installation and at least annually, or more frequently, if recommended by the manufacturer.

b.

Records submitted to the Plumbing Inspector for the City shall be available for inspection by Agency personnel in accordance with 415 ILCS 5/4.

c.

Each device shall have a tag attached listing the date of most recent test, name of CCCDI, and type and date of repairs.

d.

A maintenance log shall be maintained and include:

1.

Date of each test;

2.

Name and approval number of the person performing the test;

3.

Test results;

4.

Repairs or servicing required;

5.

Repairs and date completed; and

6.

Servicing performed and date completed.

(Prior Code, § 5-3-7-5)

(a)

An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Admin. Code pt. 890 and the Agency's regulations 35 Ill. Admin. Code pt. 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where, in the judgment of the Plumbing Inspector for the City, or his authorized agent, actual or potential hazards to the public water supply system exist.

(b)

An approved backflow prevention device shall be installed on each service line to a consumer's water system serving premises where the following conditions exist:

(1)

Premises having an auxiliary water supply, unless such auxiliary supply is accepted as an additional source by the Plumbing Inspector for the City and the source is approved by the Illinois Environmental Protection Agency.

(2)

Premises on which any substance is handled which can create an actual or potential hazard to the public water supply system. This shall include premises having sources or systems containing process fluids or waters originating from the public water supply system which are no longer under the sanitary control of the Illinois-American Water Company.

(3)

Premises having internal cross-connections that, in the judgment of the Plumbing Inspector for the City and/or the Cross-Connection Control Device Inspector, are not correctable or intricate plumbing arrangements which make it impractical to determine whether or not cross-connections exist.

(4)

Premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete cross-connection survey.

(5)

Premises having a repeated history of cross-connections being established or re-established.

(c)

An approved backflow device shall be installed on all connections to the public water supply as described in the Plumbing Code, 77 Ill. Admin. Code pt. 890 and the Agency's regulations 35 Ill. Admin. Code pt. 653. In addition, an approved backflow prevention device shall be installed on each service line to a consumer's water system servicing, but not necessarily limited to, the following types of facilities unless the Plumbing Inspector for the City determines that no actual or potential hazard to the public water supply system exists:

(1)

Hospitals, mortuaries, clinics, nursing homes.

(2)

Laboratories.

(3)

Piers, docks, waterfront facilities.

(4)

Sewage treatment plants, sewage pumping stations or stormwater pumping stations.

(5)

Food or beverage processing plants.

(6)

Chemical plants.

(7)

Metal plating industries.

(8)

Petroleum processing or storage plants.

(9)

Radioactive material processing plants or nuclear reactors.

(10)

Car washes.

(11)

Pesticide, or herbicide or extermination plants and trucks.

(12)

Farm service and fertilizer plants and trucks.

(Prior Code, § 5-3-7-6)

(a)

The type of protection required under Section 4-1-10-12(b)(1) through (3) shall depend on the degree of hazard which exists as follows:

(1)

An approved fixed proper air gap separation shall be installed where the public water supply system may be contaminated with substances that could cause a severe health hazard.

(2)

An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly shall be installed where the public water supply system may be contaminated with a substance that could cause a system or health hazard.

(3)

An approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention assembly or a double check valve assembly shall be installed where the public water supply system may be polluted with substances that could cause a pollution hazard not dangerous to health.

(b)

The type of protection required under Section 4-1-10-12(b)(4) and (5) shall be an approved fixed proper air gap separation or an approved reduced pressure principle backflow prevention device.

(c)

Where a public water supply or an auxiliary water supply is used for a fire protection system, reduced pressure principle backflow preventers shall be installed on fire safety systems connected to the public water supply when:

(1)

The fire safety system contains antifreeze, fire retardant or other chemicals;

(2)

Water is pumped into the system from another source;

(3)

Water flows by gravity from a nonpotable source; or water can be pumped into the fire safety system from any other source;

(4)

There is a connection whereby another source can be introduced into the fire safety system.

(d)

All other fire safety systems connected to the potable water supply shall be protected by a double check valve assembly on metered service lines and a double detector check valve assembly on unmetered service lines.

(Prior Code, § 5-3-7-7)

(a)

All backflow prevention devices or methods required by these rules and regulations shall be approved by the Research Foundation for Cross-Connection Control of the University of Southern California, American Water Works Association, American Society of Sanitary Engineering, or American National Standards Institute or certified by the National Sanitation Foundation to be in compliance with applicable industry specification.

(b)

Installation of approved devices shall be made in accordance with the manufacturer's instructions. Maintenance as recommended by the manufacturer of the device shall be performed. Manufacturer's maintenance manual shall be available on-site.

(Prior Code, § 5-3-7-8)

(a)

It shall be the duty of the consumer at any premises on which backflow prevention devices required by these regulations are installed to have inspection, tests, maintenance and repair made in accordance with the following schedule or more often where inspections indicate a need or are specified in manufacturer's instructions:

(1)

Fixed proper air gap separations shall be inspected to document that a proper vertical distance is maintained between the discharge point of the service line and the flood level rim of the receptacle at the time of installation and at least annually thereafter. Corrections to improper or bypassed air gaps shall be made within 24 hours.

(2)

Double check valve assemblies shall be inspected and tested at time of installation and at least annually thereafter, and required service performed within five days.

(3)

Reduced pressure principle backflow prevention assemblies shall be tested at the time of installation and at least annually or more frequently if recommended by the manufacturer, and required service performed within five days.

(b)

Testing shall be performed by a person who has been approved by the Agency as competent to service the device. Proof of approval shall be in writing.

(c)

Each device shall have a tag attached listing the date of most recent test or visual inspection, name of tester, and type and date of repairs.

(d)

A maintenance log shall be maintained and include:

(1)

Date of each test or visual inspection;

(2)

Name and approval number of persons performing the test or visual inspection;

(3)

Test results;

(4)

Repairs or servicing required;

(5)

Repairs and date completed; and

(6)

Servicing performed and date completed.

(e)

Whenever backflow prevention devices required by these regulations are found to be defective, they shall be repaired or replaced at the expense of the consumer without delay as required by Subsection (a) of this Section.

(f)

Backflow prevention devices shall not be bypassed, made inoperative, removed or otherwise made ineffective without specific authorization by the Plumbing Inspector for the City.

(Prior Code, § 5-3-7-9)

(a)

Where a booster pump has been installed on the service line to or within any premises, such pump shall be equipped with a low-pressure cut-off device designed to shut off the booster pump when the pressure in the service line on the suction side of the pump drops to 20 psi or less.

(b)

It shall be the duty of the water consumer to maintain the low-pressure cut-off device in proper working order and to certify to the Plumbing Inspector for the City, at least once a year, that the device is operable.

(Prior Code, § 5-3-7-10)

(a)

The Plumbing Inspector for the City shall direct the Illinois-American Water Company to deny or discontinue, after reasonable notice to the occupants thereof, the water service to any premises wherein any backflow prevention device required by these regulations is not installed, tested, maintained and repaired in a manner acceptable to the Plumbing Inspector for the City, or if it is found that the backflow prevention device has been removed or bypassed, or if an unprotected cross-connection exists on the premises, or if a low pressure cut-off required by these regulations is not installed and maintained in working order.

(b)

Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects in conformance with these regulations and to the satisfaction of the Plumbing Inspector for the City, and the required reconnection fee is paid.

(c)

Water service to such premises shall not be restored until the consumer has corrected or eliminated such conditions or defects on conformance with these regulations and to the satisfaction of the Plumbing Inspector for the City.

(d)

Neither the City nor its agent or assignees shall be liable to any customers for any injury, damages or lost revenues which may result from termination of said customer's water supply in accordance with the terms of this Division, whether or not said termination of the water supply was with or without notice.

(e)

The consumer responsible for back-siphoned material or contamination through backflow, if contamination of the potable water supply system occurs through an illegal cross-connection or an improperly installed, maintained or repaired device, or a device which has been bypassed, must bear the cost of cleanup of the potable water supply system.

(f)

Any person found to be violating any provision of this Division shall be served with written notice stating the notice of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation.

(g)

Any person violating any of the provisions of this Division shall pay a fine of not less than $100.00 nor more than $750.00, and, upon a second or subsequent violation, the fine shall be not less than $300.00 nor more than $750.00. Each day that a violation continues shall constitute a separate offense; and, in addition to the fine provided, shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation, whether that same was caused before or after notice.

(Prior Code, § 5-3-7-11; Ord. No. 2849-19/20, § 15, 10-14-2019)

State Law reference— Penalty for ordinance violations, 65 ILCS 5/1-2-1.

The International Code Council, Inc., 2015 edition of the International Property Maintenance Code is hereby adopted by reference and affirmed as the Property Maintenance Code of the City of Pekin, in the State of Illinois, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code, are hereby referred to, affirmed and made a part hereof as if fully set out in this Division, with the additions, insertions, deletions and changes, if any, prescribed in Section 4-1-11-2.

(Ord. No. 2791-18/19, § 2(7-1E-1), 9-24-2018)

The following items are the additions, insertions and changes to the International Property Maintenance Code:

Revisions to the International Property Maintenance Code

(Ord. No. 2791-18/19, § 2(7-1E-2), 9-24-2018)

Appendix A, as set forth in the International Property Maintenance Code, is hereby adopted by reference and are hereby made part of this Division with the same force and effect as if fully set forth herein.

(Ord. No. 2791-18/19, § 2(7-1E-3), 9-24-2018)

The term "dangerous buildings," as used in this Division, means and includes any building, shed, fence or other manmade structure:

(1)

Which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;

(2)

Which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard;

(3)

Which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;

(4)

Which, because of its condition or because of lack of doors or windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

(Prior Code, § 7-2-1)

(a)

Any dangerous building in the City, as defined in Section 4-1-12-1, is hereby declared to be a nuisance.

(b)

It shall be unlawful to maintain or permit the existence of any dangerous building in the City, and it shall be unlawful for the owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.

(Prior Code, § 7-2-2)

Whenever the Fire Chief or the Director of Building Inspections shall be of the opinion that any building or structure in the City is a dangerous building, he shall file a written statement to this effect with the City Clerk. The Clerk shall, thereupon, submit the matter to the City Council.

(Prior Code, § 7-2-3)

(a)

Repair or removal required. Any frame building or structure which has or may be damaged by fire, decay or other causes to the extent of 50 percent of its value shall be torn down and removed or rebuilt with nonflammable walls.

(b)

Determination of extent of damage; action.

(1)

Upon written notice by the Director of Building Inspections or the Fire Chief to the effect that such building has been so damaged, filed with the Clerk, the Clerk shall notify the City Council of the receipt of such notice. The City Council shall then appoint three persons to determine whether or not such building or structure has been damaged to the extent of 50 percent of its value.

(2)

A copy of the notice of the appointment of this Board of three persons to determine the damage shall be served upon the owner of the premises by personal service or by registered mail at his last-known address. Such notice shall be in substantially the following form:

To ___________.

You are hereby notified that ___________ has determined that the building owned by you at ___________ of the City has been damaged by fire, decay or otherwise to the extent of 50 percent of its value and that a Board of three persons has been appointed to verify this finding, which Board will hold its first meeting in room _____ in the City Hall on the day of _____ at the hour of _____ o'clock, at which time it will determine whether or not this finding is correct.

If this finding is verified by the Board, you must tear down and remove said building, or rebuild it with nonflammable walls.

(3)

If the Board of three members determine that the building in question has been damaged to the extent of 50 percent of its value, it shall be the duty of the owner to tear down and remove said building within 20 days after the finding of such board or to remodel it to comply with the requirements for new buildings in the fire limits, and it shall be unlawful to occupy or permit the occupancy of such building after such finding until it is so remodeled.

(c)

Abatement by City. If the owner of any building or structure fails to tear down and remove said building or structure within the period of time required by this Section, then the City may abate same as if it were a dangerous building.

(Prior Code, § 7-2-4)

If the owner of the premises concerned is unknown or if his address is unknown, service of any notice provided for in this Division may be made by posting a copy thereof on the premises and by publishing a copy thereof in a newspaper published within the City.

(Prior Code, § 7-2-5)

In addition to the actions authorized by law, the Fire Chief, or any other City Official whose duty it is to investigate fires, may make the investigations authorized by 425 ILCS 25/9. If such officer should find that any building or structure is so occupied or situated as to endanger persons or property or, by reason of faulty construction, age, lack of repair or for any other cause, is especially liable to fire or is liable to cause injury by collapsing or otherwise, he shall order the dangerous condition removed or remedied and shall so notify the owner or occupant of the premises. Service of such notice may be in person so notified may appeal from the decision of such officer in the manner provided by law.

(Prior Code, § 7-2-6)

Any person violating any provision of this Division or permitting any dangerous building or any building or structure to remain in a dangerous condition or to remain in the fire limits without remodeling as provided for herein after it has been damaged to the extent of 50 percent of its value, shall be subject to penalty as provided in Section 1-1-15.

(Prior Code, § 7-2-7)

For the purposes of this Division, the term "house" means any residence, single-family or multifamily, constructed prior to the date of any moving, or contemplated moving of the same, which has been previously occupied and which is moved, or intended to be moved, in its entirely or substantially in its entirety, from its original location to some other location within the City but does not include any new residence which is of prefabricated, precut or modular-type construction.

(Prior Code, § 7-3-1)

(a)

Permit and approval required. It shall be unlawful for any person to move any house upon a street or public way within the City without first having obtained a permit from the City to move said house and without having obtained approval from the Superintendent of Streets for the route proposed to be used to move said house on the public streets of the City.

(b)

In the event a building or structure is moved from one lot in the City to another lot within the City or across the streets and public ways of the City, a permit shall be obtained and a payment made for said permit in the same manner as for new construction work, as set out in the Building Code, Section 4-1-2-2.

(c)

Maximum number of permits to one person; expiration. No person may hold a permit to move more than one house at any one time, and any permit issued shall expire within 30 days from the date of issuance.

(Prior Code, § 7-3-2)

Any person seeking a permit to move a house upon the public ways of the City shall deposit with the City Clerk a good and sufficient bond in the sum of $50,000.00, with the surety to be approved by the City, to protect and hold the City free and harmless from any and all liability which may or might occur by reason of the issuance of the permit and the moving of a house upon the public ways of the City.

(Prior Code, § 7-3-3)

(a)

Notice. It shall be unlawful for any person to move any house within the City onto a public way without giving notice at least 12 hours before moving said house on said public way, which notice shall be given to the Chief of Police, Fire Chief, Superintendent of Streets and City Clerk.

(b)

Continuous moving. It shall be unlawful for any person to move a house within the City onto a public way, unless said house can be completely moved to its new location without cessation of said movement, except for nighttime, and said house may not be left standing in a public way in the City over any holiday or weekend; it being the intention of this Division that, once said house is moved upon a public way in the City, that said house must be continuously moved until it rests upon its new location, except for nighttime movement, and said house may not be left standing or garaged upon the public street by reason of a holiday or weekend. It is the intent of this Division that no house may be moved on public ways in the City during the nighttime and any house being so moved which must stand in a public way during the nighttime must be well lighted with proper warning signs to protect traffic on the public way.

(c)

Warning devices.

(1)

Whenever a street or alley is blocked by a house or structure which is being moved, warnings to that effect shall be placed by the mover, subject to approval of the Police Department, so as to warn vehicles and persons from entering that portion of the street so blocked.

(2)

The person moving any building through the streets shall keep warning signs and lanterns or lights on the building so as to guard against any person or vehicle from colliding with it.

(3)

Any person violating any provision of this Subsection (c) shall be subject to penalty as provided in Section 1-1-15.

(d)

Utility wires.

(1)

Interference with wires; bond. Whenever it shall be necessary to interfere with wires or cables of a public utility in moving a building, the terms of any special or franchise ordinance governing shall apply, and the bond therein specified shall be given. If no such terms apply, then the City Council shall estimate the expense of fixing the wires and the bond to be given to cover such expense.

(2)

Penalty. Any person violating any provision of this Subsection (d) shall be subject to penalty as provided in Section 1-1-15.

(Prior Code, § 7-3-4)

(a)

Prohibited sites. It shall be unlawful for any person to move a house to a location within any subdivision of the City within 20 years from the date which the plat of such subdivision was originally recorded in the Recorder's Office of Tazewell or Peoria County, Illinois.

(b)

Structure requirements. It shall be unlawful for any person to move a house from one location within the City to another location within the City unless that house is in full compliance with all Building Codes of the City (Division 2 of this Article) prior to the time said house is moved, and when the same is relocated upon another lot within the City, said house so relocated shall be brought in full compliance with all building and structural codes of the City not more than 30 days after said house was moved from its original location.

(Prior Code, § 7-3-5)

No permit shall be issued for the moving of any house in violation of this Division and any person violating this Division, where no other penalty is provided, shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and each day that such violation exists shall be deemed to be a separate offense.

(Prior Code, § 7-3-6)

State Law reference— Penalty for ordinance violations, 65 ILCS 5/1-2-1.

This division shall be known as and may be cited as the Pekin Historic Preservation Code.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

The purpose of this division is to promote the protection, enhancement, perpetuation, and use of improvements of special character or historical interest or value in the interest of the health, prosperity, safety, and welfare of the people of the City of Pekin by:

(1)

Providing a mechanism to identify and preserve the historic and architectural characteristics of Pekin that represent elements of the City's cultural, social, economic, political, and architectural history;

(2)

Promoting civic pride in the beauty and noble accomplishments of the past as represented in Pekin's historic landmarks and historic districts;

(3)

Stabilizing and improving economic vitality and value of Pekin's historic landmarks and historic areas;

(4)

Protecting and enhancing the attractiveness of the City to attract buyers, visitors and shoppers, thereby supporting business, commerce, industry, and providing economic benefit to the City; and

(5)

Fostering and encouraging preservation, restoration of structures, areas, and neighborhoods and thereby preventing future urban blight.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

Alteration means an act or process that changes one or more of the historic, architectural, cultural, or archeological features of a protected structure, including, but not limited to the erection, construction, reconstruction, or removal of such feature.

Addition means any act or process which changes one or more of the exterior architectural features of a protected structure by adding to, joining with or increasing the size or capacity of the structure.

Architectural feature means any architectural element embodying the style or design that contributes to the historical, architectural, or cultural significance of a building or structure.

Building means any structure created for the support, shelter or enclosure of persons, animals or property of any kind and which is permanently affixed to the land.

Commission means the Pekin Zoning Board of Appeals.

Construction means the act of adding an addition to an existing structure or the erection of a new principal or accessory structure on a lot or parcel.

Demolition means any act or process that destroys or permanently removes in part or in whole a protected structure.

Exterior architectural appearance means the architectural and general composition of the exterior of a structure or building, including, but not limited to the kind, color, and the texture of the building material and the type, design and character of all windows, doors, light fixtures, signs, and appurtenant elements.

Historic district means a defined geographical area within the City of Pekin designated as a historic district by ordinance of the City Council pursuant to procedures prescribed herein and that is worthy of rehabilitation, restoration, and preservation because of its historic, cultural, and/or architectural significance to the City of Pekin.

Historic landmark means any building, structure, or site which has been designated as a historic landmark by ordinance of the City Council pursuant to procedures prescribed herein and that is worthy of rehabilitation, restoration, and preservation because of its historic, cultural, and/or architectural significance to the City of Pekin.

Protected structure means a historic landmark or a building or structure located within a historic district.

Rehabilitation means the process of returning a property to a state of utility, through repair or alteration, which makes possible a contemporary use while preserving those portions and features of the property that are significant to its historic, architectural, and cultural values.

Removal means the relocation of a structure within its existing lot or parcel or to another lot or parcel.

Repair means any change that does not require a building permit or that is not construction, demolition, relocation or alteration.

Structure means anything constructed or erected, the use of which requires permanent or temporary location on or in the ground, including, but without limiting the generality of the foregoing, buildings, fences, gazebos, advertising signs, billboards, backstops for tennis courts, radio and television antennae, including supporting towers, swimming pools, satellite dishes, solar panels and wind generation.

Structural change means any change or repair in the supporting elements of a building, structure, roof or exterior walls which would expand the building in height, width or bulk of the building.

(Ord. No. 4050-22-23, § 3, 5-22-2023; Ord. No. 4211-24-25 meeting, § 4, 7-22-2024)

(a)

Only (i) the owner of property that is proposed to be designated as a historic landmark or the owners of at least 51 percent of the properties proposed to located within a historic district, (ii) a Commission member, or (iii) a member of the City Council may file an application for the designation of a historic landmark or historic district. All applications shall be filed with the City Clerk on such forms as shall be prescribed from time to time by the Commission.

(b)

At a minimum, the application shall include the following:

(1)

For a historic landmark:

a.

The name and mailing address of the property owner;

b.

The legal description and common street address of the property on which the landmark is located;

c.

A written statement describing the property and setting forth reasons in support of the proposed designation;

d.

A list of significant architectural features that should be protected;

e.

An overall site plan and photographs of the landmark;

f.

Any other information deemed necessary by the Commission, including but not limited to, plans, drawings, elevations and specifications.

(2)

For a historic district:

a.

The names and mailing addresses of the owners of all parcels within the proposed district;

b.

A map delineating the boundaries of the historic district to be designated;

c.

A list of buildings or structures within the proposed historic district that should be preserved under this division;

d.

A written statement describing the area and properties within the proposed historic district and setting forth reasons in support of the proposed designation;

e.

A list and photographs of significant architectural features in the proposed district that should be protected;

f.

Any other information deemed necessary by the Commission, including but not limited to, plans, drawings, elevations and specifications.

(c)

All applications submitted by the property owner shall be accompanied by an application fee set from time to time by the City Council.

(Ord. No. 4050-22-23, § 3, 5-22-2023; Ord. No. 4195-24-25 meeting, § 2, 6-10-2024)

No historic landmark designation shall be recommended by the Commission unless the Commission finds that the building, structure or property meets one or more of the following criteria:

(1)

Significant value as part of the historic, archeological, or cultural characteristics of the community, county, state or nation;

(2)

Identification with a person or persons who significantly contributed to the development of the community, county, state, or nation;

(3)

Representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, or method of construction or use of indigenous materials;

(4)

Notable work of a master builder, designer, architect or artist whose individual work has influenced the development of the community, county, state or nation;

(5)

Unique location or singular physical characteristics that make it an established or familiar visual feature;

(6)

Character as a particularly fine or unique example of a utilitarian structure, including, but not limited to farmhouses, gas stations, or other commercial structures, with a high level of integrity or architectural significance.

Before making a recommendation to designate a historic landmark, the Commission shall also take into consideration whether the structure or building is structurally unsound or deteriorated to the extent that rehabilitation of the building or structure is economically infeasible and whether the application is accompanied by a plan identifying the source of funding and resources to rehabilitate the building or structure.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

No historic district designation shall be recommended by the Commission unless the Commission finds that the proposed historic district meets the following criteria:

(1)

Contains one or more historic landmarks and contains such other buildings, places or areas within its definable geographic boundaries which, while not of such historic significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located in the proposed historic district;

(2)

Contains a significant number of structures meeting any one or more of the standards for designation of a historic landmark under Section 4-1-14-5 above, whether or not such structures have been designated a historic landmark;

(3)

Demonstrates a sense of time and place unique to the City of Pekin;

(4)

Exemplifies or reflects the cultural, social, economic, political or architectural history of the nation, the state, or the community;

(5)

Exemplifies important planning and urban design techniques distinguished by innovation, rarity, uniqueness, or overall quality of design detail.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

The City Clerk shall forward all applications and supporting materials to the Commission within five business days after receipt.

(b)

Upon receipt of a complete application and payment of the application fee, the Commission shall hold at least one public hearing on the proposed designation. The public hearing shall be held within 60 days after the filing of the application with the City Clerk. Not more than 30 days nor less than 15 days in advance of the hearing, notice of the time, place and date of the hearing shall be published in a newspaper of general circulation in the City. The notice shall state the address and parcel identification number(s) of the property or district proposed to be designated.

(c)

Written notice of the date, time, place and purpose of the public hearing shall be given to the applicant and to all owner(s) of record of the property which is proposed to be designated as a historic landmark or to be included within a historic district. This written notice shall be mailed, by first class mail, postage prepaid, or delivered by the City Clerk to the address of record of the owner(s) of the property and to the address as shown on the application of the applicant.

(d)

At the public hearing, the Commission shall receive public comment, and shall allow for the presentation of evidence and testimony from the applicant and/or the property owner(s). The property owner(s) shall be allowed reasonable opportunity to present testimony or evidence concerning the applicability of the standards set forth in section 4-1-14-5 or 4-1-14-6 of this Code. The Commission may also request testimony or information from City staff with relevant knowledge or expertise.

(e)

The Commission shall make specific findings of fact as to the applicability of the standards set forth in Section 4-1-14-5 or 4-1-14-6, as applicable, and a written recommendation on each application shall be made to the City Council within 30 days after the conclusion of the public hearing.

(f)

An action of the Commission to recommend approval of the application for designation of a historic landmark or historic district shall require the affirmative vote of a majority of the Commissioners then in office. Failure to obtain the affirmative vote of a majority of the Commissioners shall result in a recommendation to deny the application.

(g)

The Secretary of the Commission shall promptly transmit the findings of fact and the recommendation to approve or deny the proposed designation to City Council, and shall mail a copy to the owner(s) of record of the property or properties identified in the application for designation.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

Within 60 days after receiving a recommendation from the Commission, the City Council shall take action to approve, deny, or remand the application for designation back to the Commission for further investigation. All designations of historic landmarks or historic districts shall be made by ordinance approved by affirmative vote of a majority of the City Council members then holding office; provided, however, that if the owner of a proposed historic landmark, or the owners of at least 51 percent of the parcels in a proposed historic district, object to the designation, the affirmative vote of two-thirds of the City Council members then holding office shall be required to approve such designation.

(b)

Upon the passage of an ordinance designating a historic landmark, a copy of such ordinance shall be mailed to the property owner and recorded with the Tazewell County Recorder of Deeds. Upon the passage of an ordinance designating a historic district, a copy of such ordinance shall be mailed to all of the property owners located within the historic district and recorded with the Tazewell County Recorder of Deeds against each lot, block and parcel of real estate located within the historic district.

(c)

Upon the denial of a historic landmark or historic district designation, no new application for the designation of the same landmark or historic district may be filed, nor will any such application be considered by the Commission, for a period of 12 months.

(d)

Upon remand of the application for designation to the Commission for further investigation, the Commission shall undertake such additional investigation and issue an updated recommendation to the City Council within 45 days, or such additional time as may be allowed by the City Council.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

A Certificate of Appropriateness ("COA") shall be required before a building permit or demolition permit is issued for any historic landmark or any building, structure, or site or part thereof in a historic district. A COA shall also be required before any historic landmark or any building, structure, or site or part thereof in a historic district is altered, extended, or repaired in such a manner as to produce a major change in any identified architectural feature or the exterior architectural appearance of such building or structure. For purposes of this Section, the term "major change" shall include, but is not limited to, the following:

(1)

Any change by addition, alteration, maintenance, reconstruction, rehabilitation, renovation or repair that requires the issuance of a building permit under the City Code;

(2)

Any new construction or demolition in whole or in part requiring a permit from the City of Pekin;

(3)

Moving or relocating a building;

(4)

Any construction, alteration, demolition, or removal affecting a significant architectural feature as identified and specified in the ordinance designating the historic landmark or historic district.

(b)

Notwithstanding paragraph (a) above, a COA shall not be required where the Chief Building Official determines that demolition of a structure or building, or part thereof, is necessary to prevent an imminent threat to life, health, or property.

(c)

No COA shall be required for the following activities:

(1)

Change in exterior paint color or scheme;

(2)

Installation or replacement of storm doors, storm windows, screens, window air conditioners, or television antennas;

(3)

Ordinary repair and maintenance of existing architectural features that does not change the basic structural appearance of same;

(4)

Installation and repair to sidewalks or driveways;

(5)

Installation of outside storage and mechanical equipment that cannot be seen from the street;

(6)

Installation, removal, or change in landscaping.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

Every application for a building permit or demolition permit issued for any historic landmark or any building, structure, or site or part thereof in a designated historic district, including plans and specifications, if any, shall be promptly forwarded to the Commission. In those instances where a COA is required but a building and/or demolition permit is not, a separate application for COA shall be submitted to the Commission.

(b)

The application for issuance of a COA must include:

(1)

Street address and legal description or PIN of the property involved.

(2)

A detailed description of the construction, alteration, demolition, or use proposed together with any architectural drawings or sketches if those services have been utilized by the applicant and if not, a sufficient description of the construction, alteration, demolition, and use to enable the Commission to determine what final appearance and use of the building or structure will be.

(3)

Owner's name and address.

(4)

Applicant's name and address (if different).

(5)

Contractor's name, if different than owner.

(6)

Architect's name and address, if any.

(c)

The applicant shall prepare and submit the application for COA and supporting materials to the City Clerk. The City Clerk shall forward the application and supporting materials to the Commission within five business days after receipt.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

The Commission shall consider the following standards in evaluating an application for COA for alteration, rehabilitation, addition to, or construction of a protected structure:

(1)

Every reasonable effort shall be made to adapt the property or the use in a manner that requires minimal alteration to the protected structure.

(2)

The property will be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the historic landmark or historic district;

(3)

The historic character of the property will be retained and preserved. The removal of historic materials or alteration of distinctive architectural features that characterize a property shall be avoided whenever possible except when retention presents a hazardous or dangerous condition;

(4)

Changes that create a false sense of historical development, such as adding features or architectural elements that have no historic basis, shall be discouraged;

(5)

Changes that have taken place over time and may have acquired historic significance in their own right shall be retained and preserved;

(6)

Distinctive stylistic features or examples of skilled craftsmanship or distinctive construction techniques that characterize a building, structure, or site shall be preserved, if possible;

(7)

Deteriorated historic features should be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities, and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence;

(8)

The surface cleaning of the structures, if appropriate, shall be undertaken using the gentlest means possible. Treatment methods that will damage the historic materials of the protected structure may not be used;

(9)

Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken;

(10)

New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be compatible with the massing, size, scale, and architectural features of the protected structure to protect the historic integrity of the property and its environment;

(11)

New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic landmark and/or the historic district would be unimpaired.

(b)

An application for COA for alteration, rehabilitation, addition to, or construction of a protected structure shall meet the following architectural criteria:

(1)

Height. The height of any proposed alteration or construction should be compatible with the style and character of the historic landmark and with surrounding structures in a historic district;

(2)

Proportions of windows and doors. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the historic landmark;

(3)

Relationship of building masses and spaces. The relationship of a structure within a historic district to the open space between it and adjoining structures should be compatible with the character of the historic district;

(4)

Roof design. The design of the roof, fascia, and cornice should be compatible with the architectural style and character of the historic landmark;

(5)

Scale. The scale of the protected structure after alteration, construction, or partial demolition should be compatible with its architectural style and character and with surrounding structures in a historic district;

(6)

Directional expression. Facades in historic districts should blend with other structures with regard to directional expression. Structures in historic districts should be compatible with the dominant horizontal or vertical expression of surrounding structures. The direction expression of a historic landmark after alteration, construction, or partial demolition should be compatible with its original architectural style and character;

(7)

Architectural details. Architectural details, including types of materials, colors, and textures, should be treated so as to make the protected structure compatible with its original architectural style and character or with that of the historic district;

(8)

New structures in a historic district shall be compatible with the architectural styles and design in the historic district.

(c)

The Commission shall consider the following standards in evaluating an application for COA complete or partial demolition of a protected structure:

(1)

Whether the protected structure is of such historic, cultural, archeological, or architectural significance that its demolition would be detrimental to the public interest or contrary to the purpose and intent of this Division;

(2)

Whether the protected structure is of such old, unusual, or distinctive design or material that it could not be reproduced without great difficulty and/or expense;

(3)

Whether the protected structure is of such physical condition that it represents a danger and imminent hazard to person or property and that rehabilitation, remediation, or repair are not physically possible or could only be achieved with great difficulty or expense.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

The Commission shall consider an application for COA at its next regularly scheduled meeting after the filing of the application, provided, however, that the application is received at least 21 days prior to such regular meeting, or at any properly called special meeting of the Commission for that purpose. At least five business days prior to the meeting at which the Commission will consider the application, the Secretary of the Commission shall notify the applicant in writing of the time and place of the meeting.

(b)

The applicant or their authorized representative shall be allowed to appear at the meeting and present testimony and evidence in support of the application.

(c)

The Commission shall make specific findings of fact with regard to the alignment of the application with the applicable standards architectural criteria set forth in Section 4-1-14-11 above and shall issue a written recommendation for approval or denial of the application. The affirmative vote of a majority of Commission members then holding office shall be required to recommend approval of an application for COA. A failure to receive the affirmative vote of a majority of the Commission shall be treated as a recommendation of denial.

(d)

Within five business days after the meeting to consider the application, the Secretary of the Commission shall prepare the Commission's findings of fact, evaluation, and recommendation and shall transmit the same to the City Council, and shall personally deliver or mail a copy thereof to the applicant, by first class mail, postage prepaid, at the address stated on the application.

(e)

If the Commission recommends denial of an application for COA, the Commission shall include in its written findings the reasons for the denial and may recommend changes or revisions to the application that would address those reasons. Within 15 days after receiving written notice of the denial and the reasons therefor, the applicant may submit an amended application to the Commission addressing the stated reasons for the denial. The Commission shall review the amended application and issue a final recommendation to approve or deny the application.

(f)

No COA shall be issued pursuant to this Division without first being approved by affirmative vote of a majority of the City Council then holding office. The City Council shall take action to approve or deny an application for COA within 45 days after receipt of the Commission's findings and recommendation. The applicant shall be given an opportunity to speak in support of the application; provided, however, that no new evidence may be presented.

(g)

If the City Council approves the application for a COA, the Chief Building Official shall issue a signed COA to the applicant.

(h)

A COA shall permit only such changes as are specified therein. Any modifications of the plans will require the applicant to reapply to the Commission for an amended COA.

(i)

Any work or change authorized by a COA but not substantially started within 90 days of the issuance of the COA shall require a new COA. Once work has started under the COA, such work not completed within one year of starting construction shall require a new COA.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

(a)

Notwithstanding any of the provisions of this division to the contrary, the City Council may issue a Certificate of Economic Hardship to allow the performance of work for which a COA has been denied.

(b)

An application for a Certificate of Economic Hardship shall be submitted to the City Clerk and may include one or more of the following to assist in the determination:

(1)

The amount paid for the property, the date of purchase and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased);

(2)

The assessed value of the land and improvements thereon according to the two most recent assessments;

(3)

Real estate tax bills for the property for the previous two years;

(4)

Remaining balance on the mortgage, if any, and the annual debt service, if any, for the previous two years;

(5)

An appraisal obtained for the property within the previous two years by the owner or applicant;

(6)

Any listing of the property for sale or rent, price asked and offers received, if any;

(7)

Any consideration by the owner as to profitable adaptive uses for the property;

(8)

If the property is income-producing, the annual gross income from the property for the previous two years, itemized operating and maintenance expenses for the previous two years, and annual cash flow before and after debt service, if any, during the same period;

(9)

Any other information, including the income-tax bracket of the owner, applicant, or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners.

(c)

The Commission shall investigate and evaluate the application and make a recommendation to the City Council to approve or deny the application within 45 days after receiving the application. If the Commission finds that without approval of the proposed work for which a COA has been denied, (i) the property owner cannot obtain a reasonable economic return therefrom, or (ii) the property cannot be put to a reasonable beneficial use, the Commission shall make a written recommendation to the City Council to issue a Certificate of Economic Hardship approving the proposed work, and shall state with specificity the reasons for such recommendation. If the Commission finds the property can be put to a reasonable beneficial use or the owner can obtain a reasonable economic return therefrom, the Commission shall recommend denial of the application for a Certificate of Economic Hardship, stating with specificity the reasons therefor.

(d)

The City Council shall take action on the recommendation of the Commission to approve or deny the Certificate of Economic Hardship as soon as practicable, but in no case more than 30 days, after receiving the recommendation from the Commission. If the Commission recommends approval of the application for Certificate of Economic Hardship, the application shall not be denied except by a two-thirds vote of the members of the Council then holding office.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

In the case of partial or complete destruction or demolition of a historic landmark or a building or structure within a historic district due to natural causes or act of casualty, the owner must obtain a COA prior to any reconstruction, rehabilitation, or reproduction. Although exact duplication of the previous structure may not be required, the exterior design of the structure shall be in harmony with the exterior design of the historic landmark prior to the damage and, if applicable, the character of the historic district. building located in a historic district. Nothing in this section shall require that a property owner rebuild or reproduce a historic landmark that is destroyed or demolished to the extent of 50 percent or more of its value.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

Any person violating any of the provisions of this division shall be subject to a fine of no less than $100.00 nor more than $750.00 for each day on which a violation exists.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

If any provision of this Division or application thereof to any person or circumstance is held invalid, such invalidation shall not affect other provisions or applications of this Division which can be given effect without the invalid provision or application, and to this end the provision of this ordinance are declared to be severable.

(Ord. No. 4050-22-23, § 3, 5-22-2023)

The purpose and intent of this Division is to establish a process to address the deterioration, crime, and decline in value of neighborhoods in the City caused by properties that are vacant, abandoned, in foreclosure or have been foreclosed upon in a mortgage foreclosure action, and to identify, regulate, limit and reduce the number of these properties located within the City. It is further the intent to establish a registration program as a mechanism to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are vacant, abandoned, in foreclosure or have been foreclosed upon, and to provide a mechanism to avert foreclosure actions through timely intervention, education, or counseling of property owners.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

The following words, terms, and phrases, when used in this Division, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning.

Default means that the mortgagor has not complied with the terms of a mortgage encumbering property located within the City, or a promissory note relating to a property located within the City, or with any other instrument evidencing a debt relating to property located within the City.

Enforcement officer means any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the City to enforce any applicable code, including, but not limited to, any building code that may apply to a parcel of property located in the City.

Evidence of vacancy means any condition that on its own, or combined with other conditions, would lead a reasonable person to believe that the property is unoccupied by persons legally in possession thereof. Such conditions include, but are not limited to, overgrown or dead vegetation; delinquent property taxes; past due utility notices or bills; disconnected utilities; accumulation of trash junk or debris; abandoned vehicles or parts thereof; the absence of furnishings or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers or mail; statements by neighbors, passersby, delivery agents or government agents that the property is vacant; or the presence of boards over doors, windows or other openings.

Foreclosed property means any real property located in the City, whether vacant or occupied, that (i) has been the subject of a foreclosure sale and title was transferred to a mortgagee or an affiliate entity of a mortgagee; or (ii) has been transferred to a mortgagee or an affiliated entity of a mortgagee under a deed in lieu of foreclosure or foreclosure sale. The designation of real property as a registrable property pursuant to this subsection shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed.

Foreclosure shall carry the meaning assigned to that term under the Illinois Mortgage Foreclosure Law, 735 ILCS 5/15 or comparable federal law.

Mortgagee shall carry the meaning assigned to that term under Section 15-1208 of the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1208).

Occupied means actively using a property for its lawful purpose.

Owner means any person, entity, or mortgagee who, alone or severally with others, has legal or equitable title to any real property as defined by this section; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. Property managers shall be excluded from the definition of "owners" under this Division.

Property manager means any individual or entity designated by the owner or mortgagee as the party responsible for inspecting, maintaining and securing the property as required in this Division.

Real property means any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located within the City's corporate boundaries or within territory owned by the City.

Registrable property shall be a combined term for any "vacant property" and/or any "foreclosed property" as defined herein.

Registry means a web-based electronic database of searchable real property records, used by the City to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required by this Division.

Utilities means any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all City codes. This includes, but is not limited to, electrical, gas, water, sewer, trash service, lawn maintenance, and pool maintenance.

Vacant means any property in the City of Pekin that is improved by a building or structure that is not occupied by persons legally entitled to possession thereof and that exhibits evidence of vacancy as that term is defined herein. Vacant property does not mean property that is temporarily unoccupied while the persons legally entitled to possession thereof are away on vacation, personal matters or business, or is not intended by such persons to be left vacant for a period of more than 30 days. It shall also not include properties that are currently under construction with a valid building permit or currently listed for sale by an Illinois licensed real estate agent.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

The City shall establish a registry cataloging each registrable property within the City and containing the information required by this Division.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

It shall be a violation of this Division for any mortgagee of a foreclosed property within the City to fail to register such property or to update registry information in accordance with the requirements of this section.

(b)

Within ten days after the date any mortgagee or affiliate entity of a mortgagee takes title to a foreclosed property, the mortgagee shall register the real property with the registry established by Section 4-1-15-3. A separate registration is required for each foreclosed property. Mortgagees of a foreclosed property that took title to such property prior to the passage of this ordinance shall register such properties in accordance with this Section within 30 calendar days after the effective date of said ordinance. If the real property is vacant at the time of registration, the mortgagee shall designate in writing a property manager to inspect, maintain, and secure the real property subject to the mortgage.

(c)

Registration pursuant to this section shall include, at a minimum:

(1)

The address and parcel identification number of the property;

(2)

A description of the type of property (commercial, single-family residence, apartment complex, farm land, etc.);

(3)

Whether the property is a vacant property as defined in this Division;

(4)

The name, mailing address, and telephone number of the mortgagee and, if the mortgagee is other than an individual, the name, direct mailing address, direct telephone number, and direct e-mail address of the contact person for the mortgagee;

(5)

The name, mailing address, and telephone number of the mortgagee's agent, property manager, mortgage servicing company, or other person or entity designated by the mortgagee to maintain the property and/or to receive notices with respect to the property, if any.

(d)

Any property that has previously registered in accordance with this section and which later becomes vacant shall not be required to re-register pursuant to section 4-1-15-5; provided, however, that such registration information shall be updated to reflect the change in vacancy status.

(e)

If a foreclosed property is vacant at the time of registration or becomes vacant at any time, the mortgagee shall designate a property manager to inspect, maintain, and secure the property.

(f)

Any mortgagee that has registered a property under this section must report any change of information contained in the registration to the City within ten days of the change.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

It shall be a violation of this Division for any owner of vacant property within the City to fail to register such property or to update registry information in accordance with the requirements of this section.

(b)

Any owner of vacant property located within the City shall, within ten days after the property becomes a vacant property, register the real property with the registry established by Section 4-1-15-3. A separate registration is required for each vacant property. Owners of property that is vacant at the time of the adoption of the ordinance creating this Division must register the property in accordance with this section within 30 days after the effective date of said ordinance.

(c)

Initial registration pursuant to this section shall include, at a minimum:

(1)

The address and parcel identification number of the property;

(2)

A description of the type of property (commercial, single-family residence, apartment complex, farm land, etc.);

(3)

The name, mailing address, e-mail address, and telephone number of the owner(s); and

(4)

The name, mailing address, e-mail address, and telephone number of the property manager, if any.

(d)

Any vacant property that has previously registered in accordance with this section and later becomes subject to a foreclosure action shall not be required to re-register pursuant to Section 4-1-15-4; provided, however, that such registration information shall be updated to reflect the change in status of the property.

(e)

If the property is sold or transferred, the new owner is subject to all the terms of this Division. Within ten days of the transfer, the new owner shall register the vacant property, if not already registered, or update the existing registration. The previous owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner's involvement with the vacant property.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

The registration required by this Division shall expire and must be renewed by the owner or mortgagee, as applicable, six months after the date of the first event or action that makes the property a registrable property, as defined by this Division, which may be different from the date of initial registration, and every six months thereafter so long as the property remains a registrable property. No property shall be deemed to have met the registration requirements of this Division unless all fees established by this section have been paid.

(b)

A non-refundable of $300.00 shall be paid by the owner of a vacant property or mortgagee of a foreclosed property at the time of initial registration of any registrable property pursuant to the requirements of this Division. A non-refundable renewal fee in the amount of $300.00 shall be paid no later than ten days prior to the expiration of the previous semi-annual registration period.

(c)

Any registration or renewal fee required by this section that is not paid when required pursuant to this section shall be assessed a late fee equivalent to ten percent for every 30 day period, or portion thereof, the fee remains outstanding; provided, however, that with regard to vacant properties this subsection shall apply only to the initial registration fee and registration by subsequent owner pursuant to section 4-1-15-5(c) hereof.

(d)

Fees collected pursuant to this Section shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to registrable properties, and (3) for any related purposes as may be adopted in the policy set forth in this Division.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

Any mortgagee of a foreclosed property located within the City shall perform an initial inspection of the property within 30 days after the filing of a foreclosure action relating to the property, and shall inspect the property every 30 days thereafter for so long as the property remains a foreclosed property subject to registration pursuant to this Division. Inspection means a careful examination of the property to determine (1) the property's occupancy status and (2) whether the property is in compliance with all applicable building, maintenance, and housing codes.

(b)

If an inspection shows a change in the property's occupancy status, the mortgagee shall, within ten days after such inspection, update the occupancy status of the property in the registry.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

In addition to all other generally applicable building codes and nuisance ordinances now or hereafter enacted by the City, the owner or mortgagee, as applicable, of a registrable property shall comply with the following maintenance requirements:

(1)

Properties shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

(2)

Front, side, and rear yards, including landscaping shall be maintained in accordance with all City codes and ordinances, including, but not limited to, zoning, building, and property maintenance codes.

(3)

Maintenance shall include, but not be limited, cutting and mowing of required ground cover or landscape and removal of all trimmings.

(4)

Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable City codes and ordinances.

(b)

An owner or mortgagee of registrable property shall maintain such properties in a secure manner so as not to be accessible to unauthorized persons. A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow unauthorized persons to access the interior of the residence or structure on the property.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

If a registrable property or property that has been registered pursuant to this Division is sold or transferred, including, but not limited to, a transfer to a mortgagee under a foreclosure sale, deed in lieu of foreclosure, or any other legal means, the new owner shall be subject to all the terms of this Division. Within 15 days after the sale or transfer, the new owner shall register the property or update the existing registration, and shall pay, in addition to any registration fee due pursuant to Section 4-1-15-6, any and all unpaid fees, fines, and penalties imposed pursuant to this Division as allowable by law, regardless of who the owner was at the time such fees, fines, or penalties were imposed or accrued. The previous owner shall not be released from the responsibility of paying all unpaid fees, fines, and penalties that accrued during that owner's interest in the registrable property that are not paid by the new owner.

(b)

If a registrable property has been registered by the mortgagee pursuant to this Division, and such mortgage is sold, assigned, or otherwise transferred, the new mortgagee shall be subject to all the terms of this Division. Within 15 days of the sale, assignment, or transfer, the new mortgagee shall register the property or update the existing registration, and shall pay, in addition to any registration fee due pursuant to Section 4-1-15-6, any and all unpaid fees, fines, and penalties imposed pursuant to this Division related to the registrable property as allowable by law, regardless of who the mortgagee was at the time such fees, fines, or penalties were imposed or accrued, including, but not limited to, unregistered periods during the foreclosure process. The previous mortgagee shall not be released from responsibility for all previous unpaid fees, fines, and penalties imposed or accrued during that mortgagee's involvement with the property. The previous mortgagee shall not be released from the responsibility of paying all unpaid fees, fines, and penalties that accrued during that mortgagee's interest in the registrable property that are not paid by the new mortgagee.

(c)

The new owner of a registerable property may provide written notice to the Community Development Department of their intention to occupy the registerable property and, in such case, shall not be required to pay any registration fee due pursuant to Section 4-1-15-6; provided the new owner shall have 30 days to occupy such property or this subsection shall not be applicable.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

(a)

Any person who violates any provision of this Division shall, upon conviction thereof, be subject to a fine of not less than $150.00, nor more than $750.00 for each offense. A separate offense shall be deemed committed for each day upon which said violation(s) shall continue or exist.

(b)

The provisions of this Division are cumulative with and in addition to other available remedies. Nothing contained in this Division shall prohibit the City from collecting fees, fines, and penalties in any lawful manner; or enforcing its codes by any other lawful means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance.

(c)

Compliance with this Division does not relieve the mortgagee or owner of a registrable property from any other obligations set forth in the City Code, which may apply to the property. Failure of the mortgagee or owner to properly maintain a registrable property in accordance with all applicable provisions of the City Code may result in a violation of the City Code and issuance of a citation to the owner or mortgagee in accordance therewith. Registration under this Division shall not preclude the City from taking any other action against the property pursuant to other applicable provisions of the City Code, the Illinois Municipal Code, or other applicable laws, including, but not limited to, the right of the City to secure, demolish, or take remedial action with respect to the property or buildings or structures located thereon when it is in the best interest of the public safety and welfare. The City may also pursue other legal or equitable remedies, including, but not limited to, injunctive relief, application to a court of competent jurisdiction for a receiver, demolition or condemnation, contracting for the repair or purchase of the premises, or foreclosure of any lien the City may have on the property.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)

If any phrase, clause, sentence, paragraph, or section of this Division is declared unconstitutional by a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Division.

(Ord. No. 4242-24-25 meeting, § 2, 1-27-2025)