Zoneomics Logo
search icon

Vienna City Zoning Code

CHAPTER 151

DANGEROUS BUILDING REGULATIONS

§ 151.01 DEFINITION.

   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   DANGEROUS BUILDINGS.
      (1)   Includes:
         (a)   Any building, shed, fence or other human-made structure which is dangerous to the public health because of its condition, and which may cause or aid the spread of disease, or injury to the health of the occupants of it or neighboring structures;
         (b)   Any building, shed, fence or other human-made structure 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;
         (c)   Any building, shed, fence or other human-made structure, 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; and
         (d)   Any building, shed, fence or other human-made structure, 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.
      (2)   Any such DANGEROUS BUILDING in the city is hereby declared to be a nuisance.
(1975 Code, § 7.05)

§ 151.02 PROHIBITION.

   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.
(1975 Code, § 7.06) Penalty, see § 151.99

§ 151.03 ABATEMENT.

   (A)   Whenever the Chief of Police, the Code Enforcement Officer or the Fire Marshal shall be of the opinion that any building or structure in the city is a dangerous building, he or she shall file a written statement to this effect with the City Clerk. The Clerk shall thereupon cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service. Such notice shall state that the building has been declared to be in a dangerous condition, and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied at once. Such notice may be in the following terms:
   “To ___________ (owner-occupant of premises) of the premises known and described as ____________________________________
   You are hereby notified that ___________ (describe building) on the premises above mentioned has been condemned as a nuisance and a dangerous building after inspection by __________________.
   The causes for this decision are____________ ______________________________________ (here insert the facts as to the dangerous conditions).
   You must remedy this condition or demolish the building immediately, or the City will proceed to do so.”
   (B)   If the person receiving the notice has not complied therewith or taken an appeal from the determination of the officer or employee finding that a dangerous building exists, within ten days from the time when this notice is served upon such person by personal service or certified mail, the Code Enforcement Officer, the City Engineer or the Fire Marshal may, upon orders of the Mayor and City Council, proceed to remedy the condition or demolish the dangerous building.
(1975 Code, § 7.07)

§ 151.04 FIRE LIMITS.

   (A)   Any building or structure within the fire limits of the city which has or may be damaged by fire, decay or other causes to the extent of 50% of its value, shall be torn down and removed, or rebuilt with non-flammable walls.
   (B)   Upon written notice by the City Engineer, Fire Marshal, Code Enforcement Officer to the effect that such building has been so damaged, filed with the Clerk, the Clerk shall notify the Mayor of the receipt of such notice.
   (C)   The Mayor shall then appoint three persons to determine whether or not such building or structure has been damaged to the extent of 50% of its value.
   (D)   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 certified mail at his or her last known address.
   (E)   Such notice shall be in substantially the following form:
   “To _________________________________:
   “You are hereby notified that________________ _______________________ has determined that the building owned by you, _______________, located within the fire limits of the city has been damaged by fire, decay or otherwise to the extent of fifty (50%) percent of its value, and that a board of three (3) persons has been appointed to verify this finding, which board will hold its first meeting in Room ______, in the ____________ hall at the hour of _________(__.m.), 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 the building, or rebuild it with non-flammable walls.”
   (F)   If this finding is verified by the Board of three members, and it determines that the building in question has been damaged to the extent of 50% of its value, it shall be the duty of the owner to tear down and remove the building within 20 days after the finding of such Board, or to remodel it to comply with the requirements of the 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.
(1975 Code, § 7.08)
Statutory reference:
   Similar provisions, see 65 ILCS 5/11-31-1

§ 151.05 POST GUARD OR WATCHMAN.

   (A)   Whenever a building presents an immediate danger to the general public, the Code Enforcement Officer or his or her designated officer is hereby declared to be a misdemeanor.
   (B)   This section shall also apply to Article III of this Chapter.
(1975 Code, § 7.09)

§ 151.06 ABATEMENT AND DEMOLITION OF DANGEROUS BUILDING.

   65 ILCS 5/11-31, as passed, approved and amended by the Illinois General Assembly, entitled, “Unsafe Buildings”, shall prevail in the enforcement of this subchapter.
(1975 Code, § 7.10)

§ 151.20 CODE ADOPTED.

   The 1968 National Electrical Code and all subsequent amendments thereto, Standard of the National Board of Fire Underwriters for Electric Wiring and Apparatus, is hereby adopted by reference as the Electrical Code of the city; provided that if any provisions of the National Electrical Code are in conflict with the law of the state or any code of this city, the state law or such code shall prevail.
(1975 Code, § 13.01)

§ 151.21 CODE ON FILE.

   The National Electrical Code shall be on file in the office of the City Clerk for use and examination by the public and shall remain on file in the office, available for public use, inspection and examination.
(1975 Code, § 13.02)

§ 151.22 PERMIT REQUIRED.

   (A)   No alteration or change shall be made in the wiring or appliances of any building, nor shall any wiring be done for electric lights, meters or heating devices without first obtaining a permit therefor from the City Clerk, nor shall any change be made in any wiring or appliances after inspection without notice to the City Clerk and obtaining an additional permit therefor.
   (B)   Upon receipt of an application for such permit, the City Clerk shall refer such application to the Electrical Inspector of the city and such permit shall be issued by the City Clerk only upon receipt of the approval of such Inspector.
   (C)   The fee for an electrical permit shall be as follows for both electrical and plumbing:
      (1)   First 1,000 feet: $5 minimum; and
      (2)   Over 1,000 feet: $1.50 per 1,000 feet.
(1975 Code, § 13.03) (Ord. 351, passed 7-19-1965)

§ 151.23 ENFORCEMENT.

   The Code hereby adopted shall be enforced by the Building Inspector.
(1975 Code, § 13.04)

§ 151.24 MODIFICATIONS.

   The Building Inspector shall have power to modify any of the provisions of the rules and regulations hereby adopted upon the application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the rules and regulations, provided that the spirit of the rules and regulations shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Building Inspector thereon shall be entered upon the records of his or her department and a signed copy shall be furnished to the office of the City Clerk and to the applicant.
(1975 Code, § 13.06)

§ 151.25 APPEALS.

   Whenever the Building Inspector shall disapprove an application, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Building Inspector to the City Council within 30 days from the date of the decision appealed.
(1975 Code, § 13.07)

§ 151.40 ADOPTION OF STATE CODE.

   The State Plumbing Code, adopted July 1, 1959, and all subsequent amendments thereto, published by the State Department of Public Health, Division of Sanitary Engineering, is hereby adopted by reference, as the Plumbing Code of the city, provided that if any of the provisions of the State Plumbing Code are in conflict with any law of the city, such law shall prevail.
(1975 Code, § 29.01) (Ord. 69-10, passed 11-5-1969)

§ 151.41 CODE ON FILE.

   The State Plumbing Code shall be on file in the office of the City Clerk for use and examination by the public and shall remain on file in the office available for public use, inspection and examination.
(1975 Code, § 29.02) (Ord. 69-10, passed 11-5-1969)

§ 151.42 ENFORCEMENT.

   The code hereby adopted shall be enforced by the Building Inspector.
(1975 Code, § 29.04)

§ 151.43 MODIFICATIONS.

   (A)   The Building Inspector shall have power to modify any of the provisions of the rules and regulations hereby adopted upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the rules and regulations, provided that the spirit of the rules and regulations shall be observed, public safety secured, and substantial justice done.
   (B)   The particulars of such modification when granted or allowed and the decision of the Building Inspector officer thereon shall be entered upon the records of his or her office and signed copy shall be furnished to the office of the City Clerk and to the applicant.
(1975 Code, § 29.05)

§ 151.55 ADOPTION OF HOUSING CODE.

   There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property those certain rules and regulations known as “Proposed Housing Ordinance”, recommended by the American Public Health Association, Inc., being particularly the edition of 1952, and all later editions and modifications of such rules and regulations as recommended by the American Public Health Association, Inc., of which rules and regulations not less than two copies shall be kept on file in the office of the City Clerk, and said rules and regulations are hereby adopted and incorporated as fully as if set out at length herein with the exception of Section 3, P 5.4 which are hereby deleted from said ordinance, and from the date on which this subchapter shall take effect, the provisions thereof shall be controlling within the limits of the city.
(1975 Code, § 20.01)

§ 151.56 ENFORCEMENT.

   The code hereby adopted shall be enforced by the Building Inspector.
(1975 Code, § 20.02)

§ 151.57 MODIFICATIONS.

   (A)   The Building Inspector shall have the power to modify any of the provisions of the rules and regulations hereby adopted upon application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the rules and regulations, provided that the spirit of the rules and regulations shall be observed, public safety secured and substantial justice done.
   (B)   The particulars of such modification when granted or allowed and the decision of the Building Inspector thereon shall be entered upon the records of his or her office and a signed copy shall be furnished to the City Clerk and the applicant.
(1975 Code, § 20.03)

§ 151.58 APPEALS.

   Whenever the Building Inspector shall disapprove an application or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Building Inspector to the City Council, within 30 days from the date of the decision appealed.
(1975 Code, § 20.04)

§ 151.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
   (B)   Any person who shall violate any of the provisions of the rules and regulations hereby adopted in §§ 151.20 through 151.25, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the City Council, or by a court of competent jurisdiction within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $5, nor more than $25, and in the event of a continuance of such failure, neglect or refusal to comply with such order, each day’s continuance is a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(1975 Code, § 13.08)
   (C)   Any person who shall violate any of the provisions of the rules and regulations hereby adopted in §§ 151.40 through 151.43, or fail to comply therewith, or who shall violate or fail to comply with any order thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council, or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $5, nor more than $25, and in the event of a continuance of such failure, neglect or refusal to comply with such order, each day’s continuance is a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(1975 Code, § 29.07)
   (D)   Any person who shall violate any of the provisions of the rules and regulations hereby adopted in §§ 151.55 through 151.58, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $10, nor more than $50, and in the event of a continuance of such failure, neglect or refusal to comply with such order, each day’s continuance is a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(1975 Code, § 20.05) (Ord. 351, passed 7-19-1965; Ord. 69-6, passed 11-5-1969)
Statutory reference:
   Similar provisions, see 50 ILCS 220/1 through 7