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Home My WebLink AboutG97-98 CITY OF ELGIN ORDINANCE NO. G97-98 AN ORDINANCE AMENDING CHAPTER 6.37 OF THE ELGIN MUNICIPAL CODE , 1976, AS AMENDED, ENTITLED "RENTAL RESIDENTIAL PROPERTY" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 2ND DAY OF DECEMBER 1998 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 3rd day of December 1998. telk STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on December 2, 1998, the Corporate Authorities of such municipality passed and approved Ordinance No. G97-98, entitled An Ordinance Amending Chapter 6.37 of the Elgin Municipal Code, 1976, as Amended, Entitled" Rental Residential Property" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G97-98, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on December 3, 1998, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on December 3, 1998. GG Municipal Clerk (SEAL) 1� Ordinance No. G97-98 AN ORDINANCE AMENDING CHAPTER 6 . 37 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "RENTAL RESIDENTIAL PROPERTY" WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to amend the ordinance regulations regarding the licensing and inspection of rental residential properties within the City; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII , Section 6A of the 1970 Constitution of the State 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 licensing and inspection of 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 Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976 , as amended, be and elk is hereby amended by amending Section 6 . 37 . 050B to read as follows: "B. Each application for a new license or a renewal of an existing license shall be accompanied by a fee of $25 . 00 for single family rental residential properties and $50 . 00 for multiple family residential properties . In addition thereto, a dwelling unit fee of $25 . 00 will be added to each dwelling unit to be inspected in excess of one. All such fees shall be payable at the office of the city' s Department of Code Administration and Neighborhood Affairs . Applications for a new license shall be assigned an annual license renewal date determined by the date on which their application for a new license was filed with the city. " Section 2 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended by amending Section 6 . 37 .050C to read as follows : "C. Through December 31, 1998, all license fees shall be due and payable on or before January 1st of each year. All licenses shall expire on December 31st of the year in which they are issued. Effective January 1, 1999 , a staggered license renewal system shall be implemented for each rental residential property. Existing license holders shall be assigned an annual license renewal date for each rental residential property that is determined by the date on which their initial license for the property was approved by the city. A per diem fee shall be assessed for licenses renewed in 1999 to reflect the revised renewal date for the license in the year 2000 . The per diem fee shall be assessed for the period beginning January 1, 2000 and concluding on the annual license renewal date in the year 2000 . The $25 . 00 fees imposed under Section 6 . 37 . 050B of this chapter shall be assessed a per diem fee at the rate of seven ( 7 ) cents per day. The $50 . 00 fees imposed under Section 6 . 37 . 050B of this chapter shall be assessed a per diem fee at the rate of fourteen ( 14 ) cents per day. All licenses issued in 1999 and thereafter shall expire on the day following the annual license renewal date. " Section 3 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by deleting Section 6 . 37 . 050D in its entirety. Section 4 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976, as amended, be and /�► is hereby amended by amending Section 6 . 37 . 090F to read as follows : "Any person whose license has been suspended shall be entitled to appeal the suspension to the Property Maintenance Board of Appeals by filing a petition as set forth in Chapter 16 . 12 of this code. A hearing shall be scheduled within ten ( 10) working days of receipt of a timely petition. The Property Maintenance Board of Appeals in considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license. The Property Maintenance Board of Appeals shall render a decision within five (5 ) working days after the hearing with such decision final . " Section 5 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 6 . 37 . 090J to read as follows : "J. Whenever a temporary certificate or a license is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested. The Code cow Official shall also notify all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following: 1 . You are hereby notified that the temporary certificate or license for this structure has been revoked pursuant to Chapter 6 . 37 of the Elgin Municipal Code. 2 . You must vacate this structure within sixty ( 60) days of the date of this notice. 3 . If you fail to vacate this structure, you will be in violation of Chapter 6 . 37 of the Elgin Municipal Code and subject to penalties of fines with a minimum of $50 . 00 and a maximum of $500 . 00 for each day you are in violation. Any tenant of the rental residential property may appeal the revocation of the temporary certificate or license. Said appeal shall conform to Subsection F of this section. Such an appeal shall operate as a stay of the revocation until such time as the Property Maintenance Board of Appeals renders a decision on I�* the appeal . " Section 6 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976 , as amended, be and is hereby amended by amending Section 6 . 37 . 090K to read as follows : "K. Whenever an owner or property agent of a rental property fails to license said property with the Department of Code Administration, the Code Official shall notify all tenants of the rental property by posting a notice on all entrances to the rental property indicating the following: 1 . You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with the Department of Code Administration in violation of Chapter 6 . 37 of the Elgin Municipal Code. 2 . You must vacate this structure within sixty ( 60) days of this notice. 3 . If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of $50 . 00 and a maximum of $500 . 00 for each day you are in violation. Any tenant of the rental residential property may appeal the Code Officials order to vacate the structure because the owner has failed to license said property with the Department of Code Administration. Said appeal shall conform to Subsection F of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the Property Maintenance Board of Appeals renders a decision on the appeal . " Section 7 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 8 . That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. Robert GilliAm, ayo Pro Tem Presented: December 2 , 1998 Passed: December 2, 1998 Omnibus Vote: Yeas 4 Nays 0 rbk Recorded: December 3, 1998 Published: December 3, 1998 Attest: A 7 /A Dolonna Mecum, City Clerk CITY OF ELGIN r ORDNANCE NO. G98-98 AN ORDINANCE AMENDING CHAPTER 20.16 OF THE ELGIN MUNICIPAL CODE , 1976, AS AMENDED, ENTITLED"75/25 HISTORIC/ARCHITECTURAL REHABILITATION GRANT PROGRAM" PASSED BY THE CITY COUNCIL OF THE lk CITY OF ELGIN ON THIS 2ND DAY OF DECEMBER 1998 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 3rd day of December 1998. STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on December 2, 1998, the Corporate Authorities of such municipality passed and approved Ordinance No. G98-98, entitled An Ordinance Amending Chapter 20.16 of the Elgin Municipal Code, 1976, as Amended, Entitled" 75/25 Historic/Architectural Rehabilitation Grant Program" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G98-98, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on December 3, 1998, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on December 3, 1998. kke` , Municipal Clerk (SEAL)