HomeMy WebLinkAboutG48-00 Ordinance No . G48-00
AN ORDINANCE
TO PROVIDE FOR THE LICENSING AND INSPECTION OF
RENTAL RESIDENTIAL PROPERTY
WHEREAS, the City Council of the City of Elgin has
determined it is necessary and desirable to provide for 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 is hereby amended to read as follows :
"Chapter 6 . 37
RENTAL RESIDENTIAL PROPERTY
6 . 37 . 010 PURPOSE .
The purpose of this chapter is to provide for the
licensing and inspection of rental residential property so as
to protect the public health, safety and welfare of the people
of the city including:
A. To protect the public health and safety by insuring
rental units comply with minimum housing standards of
city ordinances .
B. To protect the character and stability of residential
areas .
C. To correct and prevent housing conditions that adversely
affect or are likely to adversely affect the life,
safety, general welfare and health, including the
,/" physical, mental and social well being of persons
occupying dwellings .
D. To prevent the overcrowding of dwellings by requiring
compliance with minimum space standards per occupant for
each dwelling unit .
E. To facilitate the enforcement of minimum standards for
the maintenance of existing residential buildings and
thus to prevent slums and blight .
F. To preserve the value of land and buildings throughout
the city.
6 . 37 . 020 PROVISION OF INSPECTION RIGHTS AND PENALTIES .
This chapter shall not be construed as to restrict the
right of this city to inspect any property nor to seek
penalties for violations of other provisions of this code .
6 . 37 . 030 DEFINITIONS .
A. Bed and Breakfast Inn means a single family dwelling or
portion thereof where rooms without cooking facilities
for the occupancy of temporary guests are provided at a
daily rate of compensation for a maximum of seven
consecutive days, and where meals are provided for
compensation in contradistinction to a hotel, a motel or
a rooming house which are separately defined within this
eft chapter.
B. Code Official means the Community Development Manager or
designee .
C. Department means the Department of Code Administration
and Development Services .
D. Dwelling means a building, or portion thereof, used
exclusively for human habitation.
E. Dwelling Unit means one or more rooms containing
individualized cooking, sleeping and sanitary facilities
which is designed, occupied or intended for use by one
household.
F. Hotel means a building in which lodging with accompanying
bathrooms are provided and offered to temporary guests
for compensation and in which ingress and egress to all
rooms is provided through an interior lobby or office
supervised by a person in charge at all hours . Maid
service, linen laundering, telephone and secretarial or
desk service are also provided for lodgers in
contradistinction to a motel, a rooming house or a bed
and breakfast inn which are separately defined within
this chapter.
G. Motel means a building or group of buildings in which
lodging rooms with accompanying bathrooms are provided
and offered primarily to temporary guests for
compensation in contradistinction to a hotel, a rooming
house or a bed and breakfast inn which are separately
defined within this chapter. A motel also furnishes
services such as maid service and linen laundering and
provides secretarial and desk service.
H. Multiple Family Rental Residential Property means rental
residential property with two or more dwelling units .
I . Property Agent means a person, operator, firm,
partnership, corporation, or other legal entity
designated in writing by the property owner to the code
official to manage a rental residential property
including the authority to receive notices or citations.
J. Rental Residential Property means dwellings, dwelling
units, rooming houses and rooming units let or intended
to be let for rent or lease .
K. Rooming House means a building containing rooming units
in which meals may or may not be served in
contradistinction to a hotel or motel or bed and
breakfast inn which are separately defined within this
chapter.
L. Rooming Unit means a room rented or leased as sleeping
and living quarters, but without cooking facilities and
with or without an individual bathroom. In a suite of
rooms without cooking facilities, each room which
provides sleeping facilities shall be counted as one
rooming unit for the purpose of this chapter.
M. Single Family Rental Residential Property means rental
residential property with one dwelling unit .
N. Tenant means an occupant of rental residential property.
0. Words or phrases as used in this chapter and not herein
defined shall be defined as provided by Title 16, Chapter
16 . 04 and Chapter 16 .20 of this code, as amended.
6 . 37 . 040 LICENSE REQUIRED.
A. It is unlawful for any person, firm, partnership,
corporation or other legal entity to operate, maintain or
offer to rent within the city a rental residential
property whether vacant or not without first obtaining a
license as provided in this chapter.
B. It is unlawful for a person to occupy a rental
residential property, or for any owner or property agent
to allow anyone to occupy a rental residential property
which is not licensed as provided in this chapter.
C . It is unlawful for any person, firm, partnership,
corporation or other legal entity to offer for rent or to
occupy any vacant dwelling unit or rooming unit or any
dwelling unit or rooming unit that becomes vacant in a
rental residential property for which a license is under
suspension.
D. This chapter shall not apply to the following structures :
1 . Single family owner occupied dwellings .
2 . Single family dwellings occupied by a member of the
owner ' s family.
3 . Single family dwellings which are vacant but which
are not intended to be let for rent .
4 . Townhouse and condominium owner occupied dwellings .
5 . Hotels, motels and bed and breakfast inns .
6 . Dwellings, buildings, structures and uses licensed
and inspected by the State or the federal
government, including but not limited to, nursing
homes, retirement centers, rest homes, etc .
7 . Dwellings, buildings, structures and uses owned by
other governmental agencies and public housing
authorities .
8 . Multiple family rental residential property in which
each dwelling unit is occupied by a record owner of
the property.
E. A license for a rental residential property cannot be
transferred to another rental residential property nor a
succeeding owner.
6 . 37 . 050 LICENSE APPLICATION.
A. Each applicant for a license or renewal license to
maintain a rental residential property for the purpose of
renting it to others or for the purpose of allowing
others to occupy it as a dwelling unit or a rooming unit
shall file a written application with the code official
stating:
1 . The full legal name, address, and home and work
telephone numbers of each and every owner of the
rental residential property.
2 . The address of the rental residential property.
(ow 3 . The number of dwelling units or rooming units within
the rental residential property.
4 . In the case of a rental residential property owner
/l'` who is not a resident of the city, the name, address
and phone number of his/her agent with authority for
receipt of service or notice of a violation of the
provisions of this chapter.
5 . Whenever there is a change in the ownership of a
rental residential property or the owner ' s property
agent, the owners shall within thirty (30) days of
such changes, file an updated written notice with
the code official indicating such changes .
6 . The total square footage designated for living and
sleeping purposes within the rental residential
property as determined by the city' s property
maintenance code .
7 . Approval must be obtained from the code official
prior to any change being made in the number of
dwelling units or rooming units within a licensed
rental residential property. Application for such
change shall be made on a form provided by the code
official . The code official will review the
proposed change and respond to the property owner
within thirty (30) days of the filing of the
application. Any and all changes must meet all
+ zoning, property maintenance code and building code
requirements of this code .
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 dwelling rental residential
properties, $50 . 00 for multiple family dwelling
residential properties, and $50 . 00 for rooming house
residential properties . In addition thereto, a dwelling
unit and rooming unit fee of $25 . 00 will be added for
each dwelling unit and rooming unit to be inspected in
excess of one . All such fees shall be payable at the
office of the department . Each application for a new
license or a renewal license shall also be accompanied by
copy or copies of the written notice or notices required
under Section 6 . 37 . 100C of this chapter advising each
tenant or occupant of the maximum number of persons
allowable by the occupancy standards of the city' s
property maintenance code . 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. All licenses shall
expire on the day following that annual license renewal
date .
6 . 37 . 060 INSPECTION REQUIREMENTS .
A. All rental residential property shall be subject to an
inspection as a condition to the issuance of the license .
An inspection shall be scheduled with the code official
t.► at the time of the application for a license for a rental
residential property.
B. Upon receipt of a completed application for a license or
renewal license for a rental residential property,
including the payment of all required fees and the
scheduling of a required licensing inspection, the code
official shall issue a license .
C. Licensing inspections of rental residential property
shall be conducted not less than ninety (90) days from
the issuance of an initial license or renewal license.
The licensing inspection shall determine whether the
rental residential property is in conformance with the
city' s zoning ordinance and all other applicable
provisions of this code . The licensing inspection shall
also include a physical inspection of the rental
residential property including the building exterior,
common areas, basement, and twenty percent (20%) of both
the individual dwelling units and rooming units, when
applicable, with a minimum of at least one dwelling unit
and rooming unit, when applicable. The code official or
his designee will determine which dwelling units and
rooming units are to be inspected.
eft. D. When a licensing inspection of a rental residential
property reveals any violations of applicable codes, a
compliance time frame will be set by the code official .
In establishing a compliance time frame, the code
official shall determine the reasonable minimal time
necessary to correct the violations based upon the number
and severity of the violations . The code official shall
send notice to the property owner or the listed property
agent by regular U. S . mail at the last address provided
on the most recent license application. Said notice
shall include the following:
1 . Description of the property sufficient for
identification;
2 . A statement listing the violations of applicable
codes;
3 . A statement of the date upon which the licensing
re-inspection will occur; and
4 . An explanation that if upon completion of the
licensing re-inspection that the requirements of
applicable City codes have not been met, a written
denial of the license application revoking the
temporary certificate will be issued.
E. A licensing re-inspection will be conducted at the end of
the compliance time frame . The license shall remain in
effect upon the successful completion of a licensing
re-inspection that determines the rental residential
property meets the requirements of applicable city
codes . If the code official finds that the requirements
of applicable city codes have not been met, or that any
information provided in the license application is
false, the license shall be suspended or revoked in
accordance with section 6 . 37 . 090 of this chapter.
F. A rental residential property which is in total
compliance at the time of the licensing inspection shall
receive a one year extension of the license at no
additional charge and with no additional inspections
being required.
G. If during a licensing inspection any dwelling unit or
rooming unit is determined to be unfit for human
occupancy as determined under the city' s property
maintenance code, an additional twenty percent (20%) of
the dwelling units and rooming units in the subject
rental residential property shall be inspected. If
similar violations are observed in the additional
dwelling units and rooming units, the entire rental
residential property will be subject to inspection. All
additional dwelling units and rooming units inspected
shall be subject to the dwelling unit and rooming unit
fee as set forth in Section 6 . 37 . 050B of this ordinance .
H. The number of dwelling units and rooming units to be
inspected per rental residential property shall be
calculated using the following tables :
Number of Dwelling Units Number of Dwelling Units
on Property to be Inspected
2-5 1
6-10 2
11-15 3
16-20 4
21-25 5
26-30 6
31-35 7
36-40 8
41-45 9
46-50 10
Properties having in excess of fifty (50) dwelling units
shall have the number of dwelling units to be inspected
calculated at twenty percent (20%) of the total number of
dwelling units . The dwelling units to be inspected shall be
selected by the code official .
e.,
Number of Rooming Units Number of Rooming Units
on Property to be Inspected
2-5 1
6-10 2
11-15 3
16-20 4
21-25 5
26-30 6
31-35 7
36-40 8
41-45 9
46-50 10
Properties having in excess of fifty (50) rooming units
shall have the number of rooming units to be inspected
calculated at twenty percent (20%) of the total number of
rooming units . The rooming units to be inspected shall be
selected by the code official .
Applications for license renewals shall be made in the
same manner as for new applications except that such
applications shall state thereon such fact .
6 . 37 . 070 ENFORCEMENT.
It shall be the duty of the department to enforce the
provisions of this chapter as authorized by the Elgin
Municipal Code and the property maintenance code as adopted
and amended by the city.
6 . 37 . 080 VIOLATIONS .
The following shall constitute violations of this chapter:
A. Failure of the owner or owners of the rental residential
property to license such property with the code official .
B. Failure of the occupants of the rental residential
property to vacate such property within sixty (60) days
after receiving notice from the code official that such
property is not properly licensed or that the license or
temporary certificate has been revoked.
C. Failure of the owner of the rental residential property
to vacate all tenants from said property within sixty
(60) days after the license or temporary certificate has
been revoked.
D. Failure of the owners of the rental residential property
to maintain the structure and premises in compliance with
applicable building, property maintenance and zoning
ordinances .
E. Any person other than an inspector from the department
elk who removes or defaces any notices which have been posted
pursuant to this chapter without the approval of the code
official shall be liable for the penalties provided for
by this chapter.
F. Failure of the owner of the rental residential property
to comply with any other applicable provision of this
chapter or this Code .
6 . 37 . 090 LICENSE-SUSPENSION AND REVOCATION.
A. A license may be suspended when violations of applicable
city codes have been identified by the department and the
property owner has been properly notified of the
violations and given a reasonable period of time in which
to correct violations, but has failed to do so. A
license may also be suspended when any information
provided in the license application is determined by the
code official to be false .
B. When an inspection of a licensed rental residential
property reveals any violations of applicable codes, a
compliance time frame will be set by the code official
using the standard as set forth in Section 6 . 37 . 060E.
The code official shall send notice to the property owner
(ow or the listed property agent by regular U. S . mail at the
last address provided on the most recent license
application. Said notice shall include the following:
1 . Description of the rental residential property
sufficient for identification;
2 . A statement listing the violations of applicable
codes;
3 . A statement on the date upon which a reinspection
will occur; and
4 . An explanation that if upon completion of the
reinspection that the requirements of applicable
city codes have not been met, that the license for
the rental residential property will be suspended.
C. A reinspection will be conducted at the end of the
compliance time frame . If the code official finds that
the requirements of applicable city codes have not been
met upon the completion of such reinspection, the license
for the rental residential property shall be suspended.
D. When a license is suspended, the code official shall send
notice to the property owner or the listed property agent
elm at the last address provided on the most recent license
application. Said notice shall be sent by certified
mail, return receipt requested, or personally served upon
the property owner or the property agent listed on the
most recent license application. The notice shall
include the following:
1 . Description of the property sufficient for
identification;
2 . A statement of the reasons for the suspension;
3 . An explanation of the property owners right to
appeal the suspension;
4 . If the property owner changes his address or changes
property agents and fails to notify the department,
such notice shall be sufficient if sent by certified
mail to the owner or his property agents last
address as provided on the last license application.
E . A property owner whose license has been suspended may
request a reinspection prior to revocation. If, upon
reinspection, the department finds that the licensed
rental residential property in connection with which the
notice was issued is now in compliance with this chapter,
the code official may reinstate the license . The request
for a reinspection shall not stay the revocation of the
license unless the code official grants such request
pursuant to a showing of good cause by the property owner.
F. Any person whose license has been suspended shall be
entitled to appeal the suspension by filing a petition
as set forth in Chapter 16 . 12 of this code with the
appeals board vested with the authority for considering
any such petition. Such an appeal shall operate as a
stay of the revocation until such time as the appeals
board renders a decision on the appeal . A hearing shall
be scheduled in accordance with the provisions of this
code and the rules and regulation of the appeals board.
The appeals board 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 appeals board shall render a
decision in accordance with the provisions of this code
and its rules and regulations .
G. A license may be revoked when a petition for appeal has
not been filed within twenty (20) days following the date
of issuance of an order of suspension, or, if the
suspension is sustained after appeal . A license may also
be revoked when in the opinion of the code official
emergency conditions exist in a rental residential
property that require the immediate vacating of a
structure as specified in the city' s property maintenance
code .
H. A license which has been properly revoked as herein
provided shall not be reinstated. The property owner
may, however, obtain a new license after all violations
have been corrected and by following the procedures for
obtaining a new license as set forth in this chapter,
including the payment of all applicable fees .
I . If a license is revoked without having the opportunity of
a suspension hearing, the property owner has the right to
appeal that revocation. 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 appeals board renders a decision on the appeal .
J. Whenever 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
official shall also notify all tenants and occupants of
the rental residential property by posting a notice on
all entrances to the rental residential structure . The
notice to the tenants and occupants shall include the
following :
1 . You are hereby notified that the 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 license. Said appeal shall conform
with subsection F of this section. Such an appeal shall
operate as a stay of the revocation until such time as the
appeals board renders a decision on the appeal .
K. Whenever an owner or property agent of a rental
residential property fails to license said property with
the department, the code official shall notify all
tenants and occupants of the rental residential property
by posting a notice on all entrances to the rental
residential property indicating the following:
1 . You are hereby notified that the owner or agent of
this structure has failed to license this rental
residential property with the department 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 . Said appeal shall conform with 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 appeals
board renders a decision on the appeal .
6 . 37 . 100 OWNER RESPONSIBILITY.
A. The owner of a rental residential property shall maintain
a record for each property with the full legal names of
every tenant or occupant residing in each dwelling unit
or rooming unit .
` B. The owner or property agent of a rental residential
property shall provide each tenant or occupant with the
name and telephone number of a responsible person who, in
emergency situations, will be available on a 24 hour
basis and who has the authority to make repairs as
needed. The owner shall also cause said information to
be posted and maintained within the main entryway of
every rental residential structure .
C. The owner of a rental residential property shall inform
each tenant or occupant in writing, prior to occupancy,
of the maximum number of persons allowable by the
occupancy standards of the city' s property maintenance
code . This number shall be determined by the code
official .
D. The owner of a rental residential property shall make
available to the code official upon request, the tenant
and occupant records required to be maintained under this
section.
6 . 37 . 110 INSPECTION ACCESS .
If any owner, property agent, tenant, occupant or other
person in control of a rental residential property or a
dwelling unit or a rooming unit contained therein fails or
refuses to consent to free access and entry to the property
or dwelling unit or rooming unit under his control for any
inspection pursuant to this ordinance, the code official or
his designee may apply to the Circuit Court for a search
'* warrant or other appropriate court order authorizing such
inspections .
6 . 37 . 120 NO EFFECT ON LEASES .
This chapter is not intended to and does not affect the
rights and obligations of the parties to a lease, oral or
written, of a rental residential property.
6 . 37 . 130 PENALTY FOR VIOLATION.
Any person, firm or corporation violating any of the
provisions of this chapter, in addition to other legal and
equitable remedies available to the city, shall be fined as
provided in Chapter 1 .20 of this code . Each day during which
a violation of this chapter continues or is permitted to
exist shall be considered a separate and distinct offense .
6 . 37 . 140 SEVERABILITY
If any provision, clause, sentence, paragraph, section,
or part of this chapter or application thereof to any person
or circumstance, shall for any reason be adjudged by a court
of competent jurisdiction to be unconstitutional or invalid,
said judgment shall not affect, impair or invalidate the
e remainder of this section and the application of such
provision to other persons or circumstances, but shall be
confined in its operation to the provision, clause, sentence,
paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered
and to the person or circumstances involved It is hereby
declared to be the legislative intent of the city council
that this chapter would have been adopted had such
unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included. "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordi n be and are
hereby repealed.
Ed chock,c Mayor
Presented: August 9, 2000
Passed: August 9, 2000
Omnibus Vote : Yeas 7 Nays 0
Recorded: August 10, 2000
Published:
Attest :
Dolonna Mecum, City Clerk