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AN ORDINANCE AMENDING TITLE 5, CHAPTER 8 (RENTAL HOUSING) TITLE 6 CHAPTER 2 (NUISANCES) AND TITLE 7 CHAPTER 13 (PEDDLERS AND TRANSIENT MERCHANTS) OF THE ORLAND PARK VILLAGE CODE
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WHEREAS, the Village President and Board of Trustees of the Village of Orland Park (the “Village”) have the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and protect the public health, safety, and welfare of its citizens; and
WHEREAS, pursuant to 65 ILCS 5/1-2-1, the Village may pass all ordinances and make all rules and regulations proper or necessary, to carry into effect the powers granted to municipalities; and
WHEREAS, the Village desires to further specify the requirements applicable to rental housing, clarify the expectations as to proper maintenance of weeds and grass and the requirements related to peddlers and transient merchants, in order to update said requirements; and
WHEREAS, the Village has determined that the amendments set out below are in the best interest of the Village and its residents.
NOW, THEREFORE, Be it Ordained by the President and Board of Trustees of the Village of Orland Park, Cook and Will counties, Illinois, as follows:
SECTION 1
Title 5, Chapter 8 (Rental Housing) is hereby amended in the following respects:
a. Section 5-8-4-2.4 is amended to add the following as a final paragraph:
“4. Equipment Safety and Maintenance:
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All equipment, appliances and apparatuses in a rental unit shall be functioning and in working order at the time of a lease and/or occupancy and shall be maintained by the landlord/property owner in proper functioning condition. A landlord’s responsibility is to repair or remedy any condition that materially affects the physical health and safety of an ordinary tenant.”
b. Section 5-8-4-2.5 is amended to delete the words “remainder of the license year” in the initial paragraph and replace them with the words “twelve (12) consecutive months.” In addition, Section 5-8-4-2.5 is further amended to add the following as a final paragraph:
5. Rodents, Insects, and Other Pests:
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“A tenant shall cooperate with the landlord/property owner in the control, treatment and eradication of all rodent or insect infestation found, or reasonably suspected to be, in the tenant’s rental unit. This includes making any necessary preparations, such as cleaning, vacuuming or removing personal property for proper treatment recommended by the licensed pest control operator.”
c. Section 5-8-4-3.12 is amended to delete subsection a. in its entirety and replace it with the following:
12. Security, Crime Free Rental Housing Program Requirements:
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“a. Deadbolts with three inch (3”) screws secured into the building framing for strike plates on all unit entry and exit doors including the garage. Thumb turn throws are required on deadbolts on the interior of the rental unit/home.”
d. Section 5-8-4-5.7 is amended to delete subsection 1 in its entirety and replace it with the following:
7. Interior Storage:
“1. Accumulate and store building materials, lumber, boxes, cartons, scrap mental, machinery, junk, flammable or hazardous materials, excessive clothing, furniture, supplies, large amount of packed containers or devices in such quantities or in such a manner as to create a fire, health, or other hazard to the premises or persons residing therein.”
e. Section 5-8-4-5 is amended to add the following as a final subsection 6:
“6. Accumulate and store building materials, lumber, boxes, cartons, scrap metal, machinery, junk, flammable or hazardous materials, excessive clothing, furniture, supplies, large amount of packed containers or devices in such quantities or in such a manner as to create a fire, health or other hazard to the premises or persons residing therein.”
SECTION 2
Title 6, Chapter 2 (Nuisances) is hereby amended in the following respects:
a. The first paragraph of Section 6-2-2-7.2 is hereby amended to delete subsection 2 in its entirety and replace it with the following:
“2. All weeds shall be pulled or otherwise destroyed by the owner, lessee, tenant, occupant or person in control of said real estate whenever the weeds shall exceed eight inches (8”) in height. The failure to destroy such weeds of the maximum height specified shall constitute a violation of this Section. The pulling or destruction of the weeds shall be in accordance with the following standards:”
b. Section 6-2-2-7.2a is hereby amended to delete subsection 2a in its entirety and replace it with the following:
“2a. The height of natural grass and/or weeds shall not be greater than eight inches (8”) in height. This maximum height shall be maintained at all times.”
SECTION 3
Title 7, Chapter 13 (Peddlers and Transient Merchants) is hereby amended in the following respects:
a. The definition of “Transient Merchant” as set forth in Section 7-13-1 is hereby deleted in its entirety and replaced with the following:
“ “Transient Merchant” means any person who is engaged temporarily in the retail sale of goods, wares or merchandise, and in pursuit of such sales occupies any building, room , vehicle, structure or unoccupied or unimproved lot for the purpose of conducting such sales, without a valid business license from the Village of Orland Park, Illinois.”
b. The definition of “Hawker” as set forth in Section 7-13-1 is hereby deleted in its entirety and replaced with the following:
“ “Hawker” means a person who shouts his wares, exhibits them for sale or approaches a person (s) not having any interest or intent to purchase.”
SECTION 4
All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6
This Ordinance shall be in full force and effect from and after its adoption and publication in pamphlet form as provided by law.
SECTION 7
The Village Clerk be and hereby is authorized and directed to publish this Ordinance in pamphlet form.