Princeville — Title 15 Ch. 15.24 Property Maintenance and Occupancy Code § 15.24.020

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Accessory building means a detached building which is secondary or subordinate to a principal building; and is subordinate in area, extent or purpose to the principal building; and contributes to the comfort, convenience or necessity of occupants of the principal building; and is temporarily or permanently located in the same zoning lot as the principal building served.
Apartment means a dwelling unit having both bathroom and kitchen facilities.
Appropriate authority means that person within the governmental structure of the corporate unit who is charged with the administration of the appropriate code.
Approved means approved by the local, State or federal authority having such administrative authority.
Ashes means all ashes of wood, coal, coke, charcoal and/or residue resulting from the combustion of any material or substance.
Attic means any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for storage or habitation.
Attractive nuisance means any building, structure or dwelling or part thereof and/or the exterior property surrounding such building, structure or dwelling or any vacant/abandoned building, structure or dwelling or property left in an unsightly, dilapidated, deteriorated or neglected condition, such building, structure or dwelling or premises in an attractive nuisance if it is detrimental to the public health, safety and welfare.
Basement/cellar means a portion of a building, structure or dwelling having at least one-half (½) or more of its height below the finished lot grade level.
Building means any structure built for the support, shelter or enclosure of persons, animals, chattels, or personal property of any kind, such as a house, factory, garage or shed and including temporary housing as defined herein.
Bulk container or dumpster means any metal garbage, rubbish and/or refuse container having a capacity of two (2) cubic yards or greater and that which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
Central heating system means a single system supplying heat to one (1) or more dwelling units or more than one (1) rooming unit.
Chimney means a vertical shaft of reinforced concrete or other approved noncombustible, heat resisting material enclosing one (1) or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel; must be in conformance with existing Village fire codes.
Code means the Village of Princeville Property Maintenance and Occupancy Code.
Code enforcement officer means any employee(s) of the Village designated by ordinance for the enforcement of this code.
Dangerous buildings , for purposes of this maintenance code, means all buildings or structures which have any or all of the following defects shall be deemed dangerous buildings: 1.
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base;
2. Those which, exclusive of the foundation, show thirty-three percent (33%) or more of damage or deterioration of the supporting members, or thirty-three percent (33%) of damage or deterioration of the non-supporting enclosing or outside walls or coverings;
3. Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purposed use;
4. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the Village;
5. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein;
6. Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or may live therein;
7. Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of departure;
8. Those which have parts thereof which are so attached that they may fall and injure members of the public or property;
9. Those which, because of their condition are unsafe, unsanitary or dangerous to the health, morals, safety or general welfare of the people of the Village.
Deterioration means the condition or appearance of a building, structure or dwelling characterized by holes, breaks, rock crumbling, cracking, rusting, peeling paint or other evidence of physical decay or neglect, excessive use or lack of maintenance.
Dilapidated means a building, structure or dwelling or part thereof which is in a state of ruin or shabbiness resulting from neglect. The term implies a hazard to life or property or no longer adequate for the purpose or use for which it was originally intended.
Dormitory means a building or group of rooms in a building used for institutional living and sleeping purposes by four (4) or more persons.
Dwelling means any enclosed space wholly or partly used or intended to be used for living and sleeping, cooking and eating; provided, that temporary housing as hereinafter defined shall not be classified as a dwelling. 1.
One-family dwelling means a building containing one (1) dwelling unit.
2. Two-family dwelling means a building containing two (2) dwelling units.
3. Multifamily apartment means a building or a portion thereof containing more than two (2) dwelling units.
4. Boarding house or tourist house means a building arranged or used for lodging with or without meals for compensation, by more than five (5) but not more than twenty (20) individuals.
5. Rooming house means a building or part thereof, in which sleeping quarters (but not meals or cooking facilities) are provided by prearrangement for compensation on a weekly or longer basis for three (3) or more persons.
6. Hotel means any building containing six (6) or more guest rooms intended or designed to be used, or which are occupied for sleeping purposes by guests.
7. Motel means any building containing guest rooms in which the rooms are usually accessible from an outdoor parking area and the rooms are intended or designed to be used, or which are occupied for sleeping purposes by guests.
Dwelling unit means a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single-family or living, sleeping, cooking and eating purposes.
Egress means an arrangement of exit facilities to assure a safe means of exit from buildings, structures and dwellings.
Existing buildings means a building, structure or dwelling, or part thereof which has been completed and is ready for occupancy.
Extermination means the control and elimination of insects, rodents or other vermin or pests, by eliminating their harborage places; by removing or making inaccessible the materials that may serve as their food; by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods.
Fair market value means a price at which both buyers and sellers are willing to do business.
Family either: 1.
Two (2) or more persons, each related to the other by blood, marriage, or adoption, together with usual domestic servants and not more than one (1) bona fide guest, all living together as a single housekeeping unit and using common kitchen facilities (that is, a related family); or
2. Five (5) or fewer persons, all of whom are not necessarily related to each of the others by blood, marriage or adoption, all living together as a single housekeeping unit and using common kitchen facilities (that is, an unrelated family).
Flush water closet means a toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level.
Garbage means any rejected or waste household food, offal, swill land carrion and every accumulation of animal, fruit or vegetable matter that attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables, and any other matter which is subject to decay, putrefaction or the generation of noxious or offensive gasses or odors, or which during or after decay may serve as breading or feeding materials for insects, rodents or other vermin. Garbage also includes compostable materials, manure, miscellaneous waste and yard waste.
Grade means the established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line or the crown of the street adjacent to the property line, whichever is higher. However, in cases of unusual topographic conditions as determined by the building inspector, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure.
Graffiti means an unattractive or scribbled motto or writing on any building, structure, dwelling, garage, driveway or walkway on the premises.
Guest means a person received and entertained at the house of another for a period no longer than thirty (30) days.
Habitable room means a room or enclosed floor space used or intended to be used for living or sleeping purposes, excluding kitchens, bathrooms, water closet, compartments, laundries, furnace rooms of less than seventy (70) square feet of floor space, foyers or communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas.
Heated water means water heated to a temperature of not less than one hundred twenty (120) degrees Fahrenheit at the outlet.
Heating device means all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges and other similar devices.
Household means one (1) or more individuals living together in a single-family unit and sharing common living, sleeping, cooking and eating facilities (see also "Family").
Impervious to water/pests (as to floors) means a clean, smooth floor, without cracks or holes, and made of terrazzo, ceramic, wood, asphalt, vinyl or rubber tile, smooth concrete, linoleum or other similar material that is completely sealed so as to be water-resistant and impervious to pests.
Infestation means the presence within or around a dwelling of any insects, rodents or other pests.
Inoperable motor vehicle means a motor vehicle from which, for a period of seven (7) days, the engine wheels or other parts thereof are damaged or otherwise so treated that the vehicle is incapable of being driving under its own motor power.
Junk vehicle means any vehicle which is without a current valid license plate and/or Village vehicle sticker, and/or is in a rusted, wrecked, dismantled, partly dismantled, inoperative or abandoned condition for a period of forty-eight (48) consecutive hours.
Kitchen means any room used for the storage of foods, preparation of foods and containing the following equipment: sink and/or device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.
Kitchenette means a small kitchen or an alcove containing cooking facilities.
Lavatory means a fixed wash bowl equipped with plumbing. Kitchen sinks do not meet this definition.
Lead-based paint means any paint containing more lead than the level established by U.S. Consumer Product Safety Commission as being a safe level of lead in residential paint and paint products.
Lease means the transfer of occupancy rights of real property for consideration even if there is no written agreement entered into.
Maintenance means conformance of a building, structure or dwelling and its facilities to the code under which the building was constructed.
Motor vehicle means as defined by the Illinois Motor Vehicle Code and as amended from time to time, and any parts thereof.
Multiple dwelling means any dwelling containing more than one (1) dwelling unit.
Occupant means any person living in, sleeping in or having actual possession of a building, structure or dwelling, or portion thereof.
Operator/owner means: 1.
Any person having charge, care, management or control of any building, structure, dwelling, property or part thereof; or
2. Any person who alone or jointly or severally with others has legal or equitable title to a building, structure or dwelling, the agent of the person, any person having management or control of the building, structure or dwelling, including but not limited to a purchaser, mortgagee, receiver or lessee in possession of any building, structure or dwelling.
Permissible occupancy means the maximum number of individuals permitted to reside in a dwelling unit, rooming unit or dormitory.
Person means any natural person, firm, partnership, trust, cooperative or association. Whenever used with respect to any penalty, the term person, as applied to partnerships, firms or associations, means the partners or members thereof.
Pest means a destructive or injurious insect or animal, which is harmful to humans.
Plumbing means and includes all of the following: gas pipes, gas burning equipment, water heating equipment, water pipes, water pipe wall plates, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, wells, septic tanks, catch basins, drains, vents and any other similarly supplied fixtures, and the installation thereof, together with all connections to water, sewer, or gas lines, and as further defined in the plumbing code.
Pre-ordinance building means every existing building, structure or dwelling, or part thereof which was completed, or for the construction of which a permit was issued prior to the effective date of this Chapter.
Premises means a lot, plot or parcel of land, including all buildings, structures and dwellings thereon.
Privacy means the existence of conditions which will permit an individual or individuals to carry out an activity without interference by either the noise or sight of unwanted individuals.
Properly connected means connected in accordance with all applicable codes and ordinances of the Village as are in force from time-to-time; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.
Public nuisance means: 1.
Any act, thing, physical condition, use or occupancy of any premises or its appurtenances which shall continue for such length of time as to substantially annoy, injure or endanger the comfort, health, physical senses, repose or safety of the public or persons of ordinary sensibilities;
2. Any act, thing, physical condition, use or occupancy of any premises or its appurtenances which shall continue for such length of time as to substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, or other public way;
3. Any act, thing, physical condition, use or occupancy or any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations, unsafe fences or structures;
4. Any premises which have unsanitary sewerage or plumbing facilities;
5. Any premises designated as unsafe for human habitation or use;
6. Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecured as to endanger life, limb or property;
7. Any premises from which the plumbing, heating and/or facilities required by the code have been removed or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;
8. Any premises which are unsanitary, or which are littered with rubbish or garbage, or which contain an inoperable motor vehicle in violation of Chapter 8 of Title 8 of this Village Code, or which have an uncontrolled growth of weeds or grass in violation of Chapter 24 of Title 8 of this Village Code; or
9. Any premises which are unsanitary due to rat, rodent, or insect infestation or harborage; or
10. Any structure, building or dwelling that is in a state of dilapidation, deterioration or decay, faulty construction; overcrowded, open, vacant or abandoned, damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises.
Rat harborage means any condition or place where rats can live, nest or seek shelter.
Rat proofing means a form of construction which will prevent the ingress or egress of rats to or from a given space, building, structure or dwelling, or from gaining access to food, water or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls around first floors, roofs, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods by the use of materials impervious to rat gnawing and other methods approved by the appropriate authority.
Refuse means all solids subject to decay or putrefaction (except body wastes) including garbage, rubbish, ashes and dead animals.
Refuse container means a water-tight container that is constructed of metal or rigid plastic or other durable material impervious to rodents that is capable of being serviced without creating unsanitary conditions or such other containers that have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight-fitting and made of metal or rigid plastic.
Rehabilitation means: 1.
Repairs to or replacement of, present elements of any existing building, structure or dwelling, such as windows, stairs, flooring, etc.;
2. Rearrangement of rooms, by the relocation of partitions or walls; or by the installation of new bathrooms or kitchens; or
3. The general replacement of the interior or portions of the interior of a building; structure or dwelling which may or may not include changes to structural elements such as floor systems, roof systems, columns or load bearing interior or exterior walls.
Renovation means a building, structure or dwelling and its facilities made to conform to present day minimum standards of sanitation, fire and life safety.
Rodents means rats, mice, raccoons, possums and other similar animals.
Rooming house means any dwelling other than a hotel or motel or that part of any dwelling containing one (1) or more rooming units, and/or one (1) or more dormitory rooms and in which persons either individually or as families are housed with or without meals being provided.
Rooming unit means any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
Rubbish means combustible and noncombustible waste materials, except garbage; the term shall include ashes, paper, rags, cartons, boxes, wood excelsior, rubber, leather, wrappings, cans, metals, mineral matter, glass, crockery and dust; any object that is worthless or unsuitable for use.
Safety means the condition of being reasonably free from danger and hazards which may cause accidents or disease.
Sale means the transfer for consideration of the title to real estate and includes the purchase of a condominium unit or the shares on a cooperative apartment association or a corporation, or a sale of land contract, contract for deed in trust, or trust deed.
Servant means one who performs various duties about the dwelling unit of a personal employer.
Service facilities means those facilities and fixtures necessary for the supply of such required basic services as heat, electricity, hot and cold water and sewage disposal.
Short term means a period of time of a short duration such as a visitor visiting for a week, but not to exceed thirty (30) days.
Space heater means a self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one (1) room or two (2) adjoining rooms.
Structure means that which is built or constructed, including without limitation because of enumeration, buildings or dwellings for any occupancy or use whatsoever, fences, signs, billboards, fire escapes/stairways, chute escapes railings, water tanks, towers, open grade steps, sidewalks or stairways, tents or anything erected and framed of component parts which is fastened, anchored or rests on a permanent foundation or on the ground.
Supplied means paid for, furnished by, provided by, or under the control of the owner, operator or agent.
Temporary housing means any tent, trailer, mobile home or any other structure used for human habitation which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) days.
Tenant means a person, persons, co-partnership, firm or corporation occupying or using a building, structure, dwelling or premises or any part or parts thereof owned by another.
Toxic substance means any chemical product applied on the surface of or incorporated into any structural or decorative material which constituted a potential hazard to human health at acute or chronic exposure levels, as defined by the Illinois Environmental Protection Agency or the United States Environmental Protection Agency, which is modified as new substances are developed.
Trash means the same definition as rubbish defined herein.
Unsanitary conditions means a condition constituting a danger or hazard to the health of a person or persons occupying or frequenting a building, structure, dwelling or premises, or to the general public.
Variance means a difference between that which is required or specified and that which is a grant of relief from what is required or specified by the appropriate authorities.
Ventilation means the process of supplying and removing air by natural or mechanical means to or from any space.
Yard means an open space, on the same zoning lot with a building, structure or dwelling unoccupied and unobstructed from its lowest level to the sky, except as may otherwise be permitted in the applicable zoning ordinance. A yard extends along a lot line and to a depth or width specified in the yard requirements of the zoning ordinance.