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G47-94 CITY OF ELGIN a' ORDINANCE NO. G47-94 AN ORDINANCE TO PROVIDE FOR THE LICENSING AND INSPECTION OF RENTAL RESIDENTIAL PROPERTY ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF SEPTEMBER, 1994 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 29th day of September, 1994 . A 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 September 14 , 1994, the Corporate Authorities of such municipality passed and approved Ordinance No. G47-94 , entitled An Ordinance to Provide for the Licensing and Inspection of Rental Residential Property, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G47-94 , including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on September 29, 1994, 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 September 29, 1994 . 7) Municipal Clerk (SEAL) Ordinance No. G47-94 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: eft- Section 1 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended in its entirety 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, rft. 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. "Multiple Family Rental Residential Property" means rental residential property with two or more dwelling units . B. "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 eft notices or citations . C. "Rental Residential Property" means residential structures or dwelling units let or intended to be let for rent or lease. D. "Tenant" means an occupant of rental residential property. E . Words or phrases as used in this chapter and not herein defined shall be defined as provided by the BOCA National Property Maintenance Code, 1990, and BOCA National Building Code, 1990, 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 or a temporary certificate 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 or which is without a temporary certificate as provided in this chapter. -2- 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 any dwelling 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 buildings . 2 . Single family buildings occupied by a member of the owner' s family. 3 . Single family buildings which are vacant but which are not intended to be let for rent. 4 . Townhouse and condominium owner occupied units . 5 . Hotels, motels, and other structures which rent rooms to occupants which are primarily transient in nature, and making use of the facilities for a period of less than thirty ( 30) days . 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 . E. A license or a temporary certificate 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 to maintain a residential property for the purpose of renting it to others 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. 2 . The address of the rental residential property. 3 . The number of dwelling units within the rental property. -3- 4 . In the case of an owner 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 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 units within a licensed 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 and building code requirements . 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 for each dwelling unit to be inspected in excess of one. All such fees shall be payable at the office of the City' s Director of the Department of Finance. C. The 1995 license fee for property currently registered pursuant to the City' s rental registration program shall be reduced in the amount of $6 . 25 for each full year remaining on the current registration for a property. D. All license fees shall be due and payable on or before January 1st of each year. All licenses shall expire on December 31st, next day after the date of issue. 6 . 37 . 060 Inspection Requirements--Temporary Certificate-- License Issuance or Denial . A. An inspection shall be scheduled with the Code Official at the time of the application for a license for a multiple family residential property. No inspection shall be required for single family rental residential properties . -4- emk B. Upon receipt of a completed application for a license for single family rental residential properties including the payment of all required fees, the Code Official, after determining the rental residential property in conformance with the City' s zoning ordinance and is not otherwise in violation of this code, shall issue a license. C. Upon receipt of a completed application for a license for a multiple family rental residential property including the payment of all required fees and the scheduling of a required licensing inspection, the Code Official shall issue a temporary certificate indicating that a license has been duly applied for, and that such license shall be issued or denied after the property has been inspected for compliance with applicable city codes . A temporary certificate, as issued, shall authorize continued occupancy of the rental residential property pending the issuance or denial of the applied for license. D. Licensing inspections of multiple family rental residential property shall include the building exterior, common areas, basement, and twenty percent (20%) of the individual dwelling units with a minimum of at least one dwelling unit. The Code Official or his designee will determine which dwelling units are to be inspected. E. 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 rft. issued. F. A licensing re-inspection will be conducted at the end of the compliance time frame. Upon completion of the -5- licensing re-inspection of the rental residential property, a license shall be issued if 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, a written denial of the license application revoking the temporary certificate and specifying the defects shall be transmitted by regular U.S. mail to the applicant. G. 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. H. If during a licensing inspection any dwelling unit is determined to be unfit for human occupancy as specified in the City' s Property Maintenance Code, an additional twenty percent (20%) of the dwelling units in the subject rental residential property will be inspected. If similar violations are observed in the additional dwelling units, the entire rental residential property will be subject to inspection. All additional dwelling units inspected shall be subject to the dwelling unit fee as set forth in Section 6 . 37 . 050B of this ordinance. I . The number of dwelling units to be inspected per rental residential property shall be calculated using the following table: [ Number of Dwelling Number of Dwelling Units 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 51-55 11 56-60 12 Properties having in excess of sixty ( 60) 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 . J. Any inspections made necessary because of cited violations not being corrected at the time of the initial rft. license inspection shall be subject to the reinspection fees as set forth in Chapter 16 . 48 of this code, as amended. -6- K. 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 of Code Administration to enforce the provisions of this chapter as authorized by the Elgin Municipal Code and the BOCA National Property Maintenance Code as adopted and amended by the City of Elgin. 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. eft C. Failure of the owner of the rental 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 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 of Code Administration 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. 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 of Code Administration 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. t 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 -7- the standard as set forth in Section 6 . 37 . 060E. 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 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. r D. When a license is suspended, 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 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 of Code Administration, such notice shall be sufficient if sent by certified mail to the owner or his property agents last address 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 of Code Administration finds that the licensed 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 -8- 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 to the Property Maintenance Board of Appeals by filing a petition as set forth in Section 16 . 12 . 080 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 being final . 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. 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 Property Maintenance Board of Appeals renders a decision on the appeal . 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 registered mail, return receipt requested. The Code 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 . -9- 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. 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. 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 in each dwelling unit. B. The owner or property agent of a rental residential property shall provide each tenant 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 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 occupant records required to be maintained under this section. 6 . 37 . 110 Inspection Access . -10- rmw If any owner, property agent, occupant or other person in control of a rental residential property or a dwelling unit contained therein fails or refuses to consent to free access and entry to the property or dwelling 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 Effective Date. The provisions of this chapter shall be in full force and effect from and after January 1, 1995 . " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. George ,y nDeVoorde, Mayor Presented: September 14 , 1994 Passed: September 14, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: September 15, 1994 Published: September 29, 1994 Att st: /1V- 1 Dolonna Mecum, City Clerk -11-