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HomeMy WebLinkAboutG67-89 rolk Ordinance No. G67-89 AN ORDINANCE TO PROVIDE FOR THE REGISTRATION OF ALL RENTAL RESIDENTIAL PROPERTY WHEREAS, the City Council of the City of E13it, has determined that it is necessary and desirable to provide for the registration of all rental residential property within the City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII , Section 6 (a) of the 1970 Constitution of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and Whereas, the registration of all rental residential property pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding the following: CHAPTER 6.37 RENTAL RESIDENTIAL PROPERTY 6.37.010 Purpose. The purpose of this chapter is to provide for the registration of all rental residential property. 6.37.020 Provisions of inspection rights and restrictions. This ordinance shall not be construed as to restrict the right of this city to inspect any property. 6.37.030 Registration -- Certificate required. 1 . It is unlawful for any person, firm or corporation to - operate, maintain or offer to rent within the city any single family two family, multi-family, or any other residential property whether vacant or not without registering with the city Bureau of Inspection Services and receiving a certificate therefore. 2. It is unlawful for any person to occupy a rental residential structure, or for any owner to allow anyone to occupy a rental residential structure which is not registered with the rft. Bureau of Inspection Services. - Page 2 - 3 . This chapter shall not apply to the following structures; A. Single-family owner-occupied buildings. B. Single family buildings occupied by a member of the owner' s family. Family is defined as one or more persons each related to the other by blood, marriage, adoption. A family may include up to two boarders, roomers or permanent guests, whether or not gratuitous EMC 19. 04 .255. C. Dwellings, buildings, structures and uses licensed and inspected by the State, including but not limited to, nursing homes, retirement centers, rest homes, etc. D. Hotels, Motels, and other structures which rent rooms to occupants who are primarily transient in nature, making use of the facilities for a period of less than 30 days. (BOCA Building Code/1984 section 309. 2) 6.37 .040 Registration--Certificate--Fee. 1 . Each registrant for a certificate to maintain any residential structure for the purpose of renting to others shall file a written registration with the Bureau addressed to the Code Official stating: rft. A. The name , address and phone number of each and every owner and the individual filing the registration. B. The address of the rental structure. C. The number of dwelling units within the rental structure property. D. In the case of a registrant or owner who is not a resident of the city, the name , address , and phone number of his/her agent with the authority for receipt of service or notice of a violation of the provisions of this chapter. E. Whenever there is a change in the ownership of a rental structure or the owner' s agent, the owner(s) shall within thirty (30) days of such changes, file an updated written registration with the Bureau of Inspection Services indicating such changes. F. Approval must be obtained from the Bureau of Inspection Services prior to any change being made in the number of units within a registered building. Application for such change shall be made on a form provided by the Bureau of Inspection Services. The Bureau of Inspection Services will review the proposed change and respond to the building owner within thirty (30) days of the filing of the application. Any and all changes must meet all zoning and building code requirements. - Page 3 - 2 . A. Each registration shall be accompanied by a fee of twenty-five dollars ($25 . 00) for each rental residential building. If more than one dwelling unit in the same building is- included under the same ownership, only one certificate will be required for that owner or owners regarding that building. B. The term of registration shall be for four (4) years. The first year shall be calculated from January 1st of the year of registration and expire four (4) calendar years from that date. If the building ownership changes during the term of registration, the succeeding registration shall reflect the same expiration date as the original registration. 1 . 'There will be a sixty (60) day registration time period beginning on the first day this ordinance takes effect. 2 . All governmental agencies and public housing authorities shall obtain a registration certificate as required here in but shall be exempt from the payment of the required fee. A certificate for a rental residential structure that has been properly issued, cannot be transferred to another rental residential structure nor to a succeeding owner. 6. 37.050 Enforcement. It shall be the duty of the Bureau of Inspection Services to enforce the provisions of this chapter as authorized in the BOCA Property Maintenance Code/1978 adopted by the City of Elgin. 6. 37.060 Violations. The following shall constitute violations of this chapter. 1 . Failure of the owner or owners of the rental property to register such property with the Bureau of Inspection Services. 2 . Failure of the tenants of the rental property to vacate such property within (60) sixty days after receiving written notice from the Bureau of Inspection Services that such property is not properly registered or that the certificate for registration has been revoked. 3 . Failure of the owner of the rental property to vacate all tenants from said property within sixty days after the registration certificate has been revoked. rft r - Page 4 - 4 . Any person other than an inspector from the Bureau of Inspection Services who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the city official shall be liable for the penalties provided for by this chapter. 6. 37.070 Registration--Suspension and Revocation of Certificate. 1 . Registration may be suspended when: A. Violations of the Elgin Municipal Code have been • identified by the Bureau of Inspection Services and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct the violations, but has failed to do so. B. Any person whose registration has been suspended shall be entitled to appeal the suspension to the Building Official by filing a petition as set forth in section 16. 12 .060 of the Elgin Municipal Code. C. If, upon re-inspection, the Bureau of Inspection Services finds that the registered building in connection with which the notice was issued is now in compliance with this chapter, the Housing Supervisor may reinstate the the registration certificate. The request for a re-inspection shall not stay the revocation of the registration certificate unless the Building Official grants such request pursuant to a showing of good cause by the property owner. 2. Notice: Before a registration certificate is suspended, the Housing Supervisor shall send proper notice to the property owner (s) or the listed agent at the last address as provided on the registration. Said notice shall be sent by registered mail, return receipt requested. The notice shall include the following; A. Description of the property sufficient for identification. B. A statement of the reasons for the suspension. C. An explanation of the property owner' s right to appeal the suspension. D. If the property owner changes his address or changes agents and fails to notify the Bureau, such notice shall be suff- ifficient if sent by registered mail to the owner' s or his agent' s last address as provided on the registration. - Page 5 - r 3 . Registration may be revoked if: A. A petition for appeal has not been filed within twenty (20) days following the date of issuance of the order of suspension, or, if the suspension is sustained after appeal. Prior to revocation, the property owner whose registration certificate has been suspended may request a re-inspection. B. Any information provided in the registration application is false. C. A registration certificate which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new registration certificate by following the procedures set forth in sections 6. 37 . 030 and 6 . 37 .040 of this chapter. 4 . If a certificate is revoked without having the benefit of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to section 6 . 37 .070 (1 ,B) . 5 . Whenever a registration permit is revoked, the Building Official shall notify all tenants of the rental structure by posting a notice on all entrances to the rental structure indicating the following: A. You are hereby notified that the registration permit for this structure has been revoked pursuant to Chapter 6 . 37 .070 EMC. B. You must vacate this structure within (60) sixty days of the date of this notice. C. If you fail to vacate this structure, you will be in violation of this ordinance and subject to penalties of fines with a minimum of fifty dollars ($50) and a maximum of Five hundred dollars ($500) for each day you are in violation. 6 . Whenever an owner or agent of a rental structure fails to register said property with the Bureau of Inspection Services, the Building Official shall notify all tenants of the rental structure by posting a notice on all entrances to the rental structure indicating the following: A. You are hereby notified that the owner or agent of this rental structure has failed to register this rental structure with the Bureau of Inspection Services in violation of Chapter 6. 37 . B. You must vacate this structure within (60) sixty days of the date of this notice. - Page 6 - C. If you fail to vacate this structure , you will be subject to the penalties of fines with a minimum of Fifty Dollars ( $50) and a maximum of Five Hundred Dollars ( $500) for each day you are in violation . 6.37 .080 Penalties . The penalties imposed for violations of this chapter shall be a minimum of Fifty ( $50 ) Dollars and a maximum of Five Hundred ( $500) Dollars for each day that the violation exists . 6.37.081 No Effect on Leases . This ordinance is not intended to and does not effect the rights and obligations of the parties to a lease , oral or written , of a rental structure . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed . Section 3 . That this ordinance shall be in full force and effect form and after its passage and publication in the manner provided by law . s/ George VanDeVoorde George VanDeVoorde , Mayor Presented : July 12 , 1989 Passed : July 12 , 1989 Vote : Yeas 7 Nays 0 Recorded : Published : Attest : s/ Marie Yearman Marie Yearman , City Clerk r CITY OF ELGIN BUREAU OF INSPECTION SERVICES RENTAL REGISTRATION ORDINANCE Answers to some common questions regarding this ordinance 1. Who is affected by this ordinance? Everyone who owns rental residential property within the city limits. This includes all buildings from single-family on up. Tenants are also affected in that it will be against the law to reside in any building that is not properly registered. The buildings that do not require a certificate include: single-family owner occupied, single-family buildings occupied by a member of the owners immediate family, nursing homes, retirement centers and hotels and motels which rent to people that do not reside in the building for more than thirty (30) days. 2. How, where and when is a Certificate of Registration obtained? A certificate can be obtained by coming to the offices of the Bureau of Inspection Services, located at 150 Dexter Ct. 2nd floor, Elgin IL and filling out an application form. The application will be reviewed by the Building Official and if it is complete, a Certificate will be issued. An application can also be obtained through the mail. Any applications returned by mail must be signed and properly notarized or else they will not be accepted. Each building will be considered registered from the time the application is turned in until the time the Certificate expires or the application is rejected. Property owners can call the Bureau of Inspection Services to find out what date their certificate must be turned in by. 3. How much does a Certificate cost and how long is it good for? A twenty five (25) dollar fee is required for each certificate. One Certificate is required for each individually owned building regardless of the number of units. The Certificate is good for four (4 ) years starting on January 1st of the year that the Certificate is issued. 4. What information is required in the application? The application for a rental residential certificate will include information regarding the owners name, address and telephone number. Also included will be information regarding the name , address and phone number of any agents employed by the property owner to handle the building. The application will contain information about the building such as; number of units, location of units, number of occupants, square footage of units, existance of smoke detectors and/or sprinkler systems , etc. - Page 2 - r 5. What happens when a rental building is sold? • Certificates are not transferable. If someone buys a registered building he/she will have to apply for a new Certificate within thirty (30) days of the date of the sale. Certificate fees are not refundable. 6. When can a Certificate be suspended or revoked? ' I A Certificate can be suspended when violations of the various building and zoning codes adopted by the City of Elgin have been ' r identified and the property owner has not made the required repairs within the specified period of time. A Certificate can be revoked for several reasons. 1) If a suspension has not been appealed within the time required and the violation (s) have not been brought into code compliance, 2) If it is discovered that information provided on the application is false, and 3) If a Certificate is not renewed at the proper time. 7. What are the property owners rights regarding this ordinance? r This ordinance does not change any rights currently held by property owner (s) or renter(s) . There are some basic rights all property owners have regarding the enforcement of building codes. They include the right to appeal an order requiring code violations to be corrected if the property owner feels that this order is incorrect (BOCA Property Maintenance Code) . Regarding rental registration, if a certificate is suspended because of an owners failure to comply with local codes, the owner has the right to appeal that suspension to the building official. The procedures are spelled out in the Municipal Code book. If the certificate has been suspended and repairs are made before it is revoked, the Building Official has the authority to re-instate the certificate. If a certificate is revoked and a suspension hearing was not held, the property owner has the right to appeal that revocation to the building official. The procedure is the same as with a suspension. r - Page 3 - fek 8. What happens if a property owner fails to register his/her building? If the registration period passes and a property owner has failed to register his/her building, he/she will be in violation of this ordinance and subject to the following fines; $50 to $500 per day for each calendar day including Saturdays , Sundays and Holidays , that the property is in violation. If a property owner does not register his/her building, court action will have to be taken at which time even stiffer fines could be imposed. The tenants of an unregistered building will be notified by the Bureau of Inspection Services and instructed that it is unlawful to occupy an unregistered building. Sixty (60) days from the date of that notification any tenants who have failed to move out will become subject to the same fines mentioned above. Any questions regarding this ordinance should be directed to Mike Millikan, Housing Supervisor of the Bureau of Inspection Services at 695-6500 ext. 202. rft. TELEPHONE 312/695-6500 �n �• '`icy , CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 • -","')44 BUREAU OF INSPECTION SERVICES RENTAL REGISTRATION CERTIFICATE APPLICATION I Section I r 1. Property Address 2. Date of Application 3 . Certificate Number Owners Agents Name, Address* 4 . Name (s) and Phone numbers Owners 5 . Address* Owners 6 . Phone (work) (work) Numbers (home) (home) * P.O. boxes not accepted. Year Building 7. Certificate expiration date / / Constructed 8 . Date building purchased by current owners / / 9. Building Zoning Use Review done - Yes No 10 . Date Application Fee Paid ($25 . 00) / / - Page 2 - BUREAU OF INSPECTION SERVICES RENTAL REGISTRATION CERTIFICATE APPLICATION Section II 1 . Total Number of Dwelling Units in Building 2. Unit #1 note: If building has more than one dwelling unit, use extra sheets provided for each additional unit that is different in size and layout. t Number of Rooms: Kitchens Bathrooms Bedrooms Total number of Rooms Total Square footage ,. The BOCA Property Maintenance Code adopted by the City of Elgin determines the number of people that can legally occupy a dwelling unit by the square footage of all habitable and sleeping rooms . The specific requirements are as follows: Living areas; 150 square feet of floor area is required for the first occupant and an additional 100 square feet is required for each additional occupant. Sleeping rooms; Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area . Every room used for sleeping purposes by more than one person shall contain at least 50 square feet of floor area for each occupant thereof. 3 . Maximum number of allowable occupants per unit size 4 . Does the current occupancy meet this requirement? Yes No 5 . Total number of Dwelling units that are the same in size and layout as unit #1 : 6 . Total number and location of exits: 7 . Total number of Smoke Detectors in Dwelling unit: 8. Who pays the Utilities Owner Tenants 9 . Type of heating system 10 . Current Lead Paint Inspection Yes No - Page 3 - BUREAU OF INSPECTION SERVICES RENTAL REGISTRATION CERTIFICATE APPLICATION 11 . Lot Size Tax Code # 12 . Number of current off-street parking spaces 13 . Garage : Location Attached Detached 14 . Basement: Common Access Storage only Occupied Location of Egress 15 . Attic: Accessible Walkup Finished Occupied Use : Storage only Living space Outside egress r 16 . I have read the BOCA Property Maintenance code section outlining the square footage requirements for dwelling unit occupancy and understand its contents. (PM - 404 . 1 and 404 .2) (space for notary) Building Owner or Authorized Agent 17 . All information supplied on this application is true and correct to the best of my knowledge. (space for notary) Building Owner or Authorized Agent 18 . / / BUILDING OFFICIAL Date Approved r BUREAU OF INSPECTION SERVICES RENTAL REGISTRATION CERTIFICATE APPLICATION Section III Dwelling Unit Information 1 . Dwelling Unit Adress: 2. Total square footage of dwelling unit 3 . Number of rooms Kitchens Bathrooms Bedrooms 4 . Total square footage of all sleeping rooms 5. Maximum number of allowable occupants per unit size 6. Total number and location of exits: r 7. Total number of smoke detectors in Dwelling unit: 1 . Dwelling Unit Adress: 2. Total square footage of dwelling unit 3. Number of rooms Kitchens Bathrooms Bedrooms 4 . Total square footage of all sleeping rooms 5. Maximum number of allowable occupants per unit size 6. Total number and location of exits: r 7. Total number of smoke detectors in Dwelling unit: - Page 2 - 3 . This chapter shall not apply to the following structures; A. Single-family owner-occupied buildings. B. Single family buildings occupied by a member of the owner' s family. Family is defined as one or more persons each related to the other by blood, marriage, adoption. A family may include up to two boarders, roomers or permanent guests, whether or not gratuitous EMC 19 . 04 .255. C. Dwellings, buildings, structures and uses licensed and inspected by the State, including but not limited to, nursing homes, retirement centers, rest homes, etc. D. Hotels, Motels, and other structures which rent rooms to occupants who are primarily transient in nature, making use of the facilities for a period of less than 30 days. (BOCA Building Code/1984 section 309 . 2) 6. 37 .040 Registration--Certificate--Fee. 1 . Each registrant for a certificate to maintain any residential structure for the purpose of renting to others shall file a written registration with the Bureau addressed to the Code Official stating: A. The name , address and phone number of each and every owner and the individual filing the registration. B. The address of the rental structure. C. The number of dwelling units within the rental structure property. D. In the case of a registrant or owner who is not a resident of the city, the name , address , and phone number of his/her agent with the authority for receipt of service or notice of a violation of the provisions of this chapter. E. Whenever there is a change in the ownership of a rental structure or the owner' s agent, the owner (s) shall within thirty (30) days of such changes, file an updated written registration with the Bureau of Inspection Services indicating such changes. F. Approval must be obtained from the Bureau of Inspection Services prior to any change being made in the number of units within a registered building. Application for such change shall be made on a form provided by the Bureau of Inspection Services. The Bureau of Inspection Services will review the proposed change and respond to the building owner within thirty (30) days of the filing of the application. Any and all changes must meet all zoning and building code requirements. - Page 3 2 . A. Each registration shall be accompanied by a fee of twenty-five dollars ($25 . 00) for each rental residential building. If more than one dwelling unit in the same building is- included under the same ownership, only one certificate will be required for that owner or owners regarding that building. B. The term of registration shall be for four (4) years. The first year shall be calculated from January 1st of the year of registration and expire four (4) calendar years from that date. If the building ownership changes during the term of registration , the succeeding registration shall reflect the same expiration date as the original registration. 1 . 'There will be a sixty (60) day registration time period beginning on the first day this ordinance takes effect. 2 . All governmental agencies and public housing authorities shall obtain a registration certificate as required here in but shall be exempt from the payment of the required fee. A certificate for a rental residential structure that has been properly issued, cannot be transferred to another rental residential structure nor to a succeeding owner. 6. 37.050 Enforcement. It shall be the duty of the Bureau of Inspection Services to enforce the provisions of this chapter as authorized in the BOCA Property Maintenance Code/1978 adopted by the City of Elgin. 6. 37.060 Violations. The following shall constitute violations of this chapter. 1 . Failure of the owner or owners of the rental property to register such property with the Bureau of Inspection Services. 2 . Failure of the tenants of the rental property to vacate such property within (60) sixty days after receiving written notice from the Bureau of Inspection Services that such property is not properly registered or that the certificate for registration has been revoked . 3 . Failure of the owner of the rental property to vacate all tenants from said property within sixty days after the registration certificate has been revoked. eft - Page 4 - erk 4 . Any person other than an inspector from the Bureau of Inspection Services who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the city official shall be liable for the penalties provided for by this chapter. 6. 37.070 Registration--Suspension and Revocation of Certificate. 1 . Registration may be suspended when: A. Violations of the Elgin Municipal Code have been • identified by the Bureau of Inspection Services and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct the violations, but has failed to do so. B. Any person whose registration has been suspended shall be entitled to appeal the suspension to the Building Official by filing a petition as set forth in section 16 . 12.060 of the Elgin Municipal Code. C. If, upon re-inspection, the Bureau of Inspection Services few finds that the registered building in connection with which the notice was issued is now in compliance with this chapter, the Housing Supervisor may reinstate the the registration certificate. The request for a re-inspection shall not stay the revocation of the registration certificate unless the Building Official grants such request pursuant to a showing of good cause by the property owner. 2. Notice: Before a registration certificate is suspended, the Housing Supervisor shall send proper notice to the property owner (s) or the listed agent at the last address as provided on the registration. Said notice shall be sent by registered mail, return receipt requested. The notice shall include the following; A. Description of the property sufficient for identification. B. A statement of the reasons for the suspension. C. An explanation of the property owner' s right to appeal the suspension. D. If the property owner changes his address or changes agents and fails to notify the Bureau, such notice shall be suff- ifficient if sent by registered mail to the owner' s or his agent' s last address as provided on the registration. - Page 5 - 3 . Registration may be revoked if: A. A petition for appeal has not been filed within twenty (20) days following the date of issuance of the order of suspension, or, if the suspension is sustained after appeal. Prior to revocation, the property owner whose registration certificate has been suspended may request a re-inspection. B. Any information provided in the registration application is false . C. A registration certificate which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new registration certificate by following the procedures set forth in sections 6 . 37 . 030 and 6 . 37 .040 of this chapter. 4 . If a certificate is revoked without having the benefit of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to section 6 . 37 .070 (1 ,B) . 5 . Whenever a registration permit is revoked, the Building Official shall notify all tenants of the rental structure by posting a notice on all entrances to the rental structure indicating the following: A. You are hereby notified that the registration permit for this structure has been revoked pursuant to Chapter 6 . 37 .070 EMC. B. You must vacate this structure within (60) sixty days of the date of this notice. C. If you fail to vacate this structure, you will be in violation of this ordinance and subject to penalties of fines with a minimum of fifty dollars ($50) and a maximum of Five hundred dollars ($500) for each day you are in violation. 6 . Whenever an owner or agent of a rental structure fails to register said property with the Bureau of Inspection Services, the Building Official shall notify all tenants of the rental structure by posting a notice on all entrances to the rental structure indicating the following: A. You are hereby notified that the owner or agent of this rental structure has failed to register this rental structure with the Bureau of Inspection Services in violation of Chapter E 6 . 37 . B. You must vacate this structure within (60) sixty days of the date of this notice. - Page 6 - C. If you fail to vacate this structure , you will be subject to the penalties of fines with a minimum of Fifty Dollars ( $50) and a maximum of Five Hundred Dollars ( $500) for each day you are in violation . 6.37 .080 Penalties . The penalties imposed for violations of this chapter shall be a minimum of Fifty ( $50 ) Dollars and a maximum of Five Hundred ( $500 ) Dollars for each day that the violation exists . 6.37.081 No Effect on Leases . This ordinance is not intended to and does not effect the rights and obligations of the parties to a lease , oral or written , of a rental structure . Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed . Section 3 . That this ordinance shall be in full force and effect form and after its passage and publication in the manner provided by law . s/ George VanDeVoorde George VanDeVoorde , Mayor Presented : July 12 , 1989 Passed : July 12 , 1989 Vote : Yeas 7 Nays 0 Recorded : Published : Attest : 8/ Marie Yearman Marie Yearman , City Clerk r