G47-94 (2) Ordinance No. G47-94
AN ORDINANCE TO PROVIDE FOR THE LICENSING AND
INSPECTION OF RENTAL RESIDENT AL 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 r-sidential properties
within the City; and
WHEREAS, the City of Elgin is a hom- rule municipality as
defined in Article VII, Section 6A of th- 1970 Constitution of
the State of Illinois; and
WHEREAS, a home rule unit may eiercise any power and
perform any function pertaining to its g•vernment and affairs;
and
WHEREAS, the licensing and inspection of rental
residential property pertains to the go ernment and affairs of
the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY HE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 6 . 37 entitled "Rental
Residential Property" of the Elgin Mu icipal Code, 1976 , as
amended, be and is hereby amended in i s entirety to read as
follows :
"Chapter 6 . 37
RENTAL RESIDENTIAL PRIPERTY
6 . 37 . 010 Purpose.
The purpose of this chapter is to provide for the
licensing and inspection of rental res ' dential property so as
to protect the public health, safety an. welfare of the people
of the city including:
A. To protect the public health and safety by insuring
rental units comply with minimum hou•.ing standards of city
ordinances .
B. To protect the characte , and stability of
residential areas .
C. To correct and prevent h.using conditions that
adversely affect or are likely to adversely affect the life,
safety, general welfare and health, ncluding the physical,
mental and social well being of persons occupying dwellings .
D. To prevent the overcrowdin of dwellings by
requiring compliance with minimum space tandards 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 constru: d as to restrict the
right of this city to inspect any yroperty nor to seek
penalties for violations of other provis 'ons of this code.
6 . 37 .030 Definitions .
A. "Multiple Family Rental Resid-ntial Property" means
rental residential property with two or ore dwelling units .
B. "Property Agent" means a pe son, operator, firm,
partnership, corporation, or other legal entity designated in
writing by the property owner to the Cooe Official to manage a
rental residential property including t e authority to receive
notices or citations .
C. "Rental Residential Propert " means residential
structures or dwelling units let or i tended 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, 1' 90, and BOCA National
Building Code, 1990, as amended.
6 . 37 . 040 License Required.
A. It is unlawful for any per on, firm, partnership,
corporation or other legal entity to operate, maintain or
offer to rent within the city a rent• 1 residential property
whether vacant or not without first o.taining a license or a
temporary certificate as provided in th' s chapter.
B. It is unlawful for a person to occupy a rental
residential property, or for any ownel or property agent to
allow anyone to occupy a rental residential property which is
not licensed or which is without a t-mporary certificate as
provided in this chapter.
-2-
C. It is unlawful for any perso , firm, partnership,
corporation or other legal entity to offer for rent or to
occupy any vacant dwelling unit or an, dwelling unit that
becomes vacant in a rental residential property for which a
license is under suspension.
D. This chapter shall not appy to the following
structures :
1 . Single family owner occupied buildings .
2 . Single family buildings o, cupied 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 hich are primarily
transient in nature, a d 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, incl ding but not limited
to, nursing homes, retcrement 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 ce tificate for a rental
residential property cannot be transfefred to another rental
residential property nor a succeeding o ner.
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 w' th the Code Official
stating:
1 . The full legal name, address, and home and work
telephone numbers of eac and every owner.
2 . The address of the renta residential property.
3 . The number of dwelling nits within the rental
property.
-3-
4 . In the case of an owner ho is not a resident
of the city, the name, address and phone number
of his/her agent with auuhority for receipt of
service or notice of a violation of the
provisions of this chapte .
5 . Whenever there is a chance in the ownership of
a rental residential property or the owner' s
property agent, the owne .s 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 b , 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 cha ge shall be made on a
form provided by the Cooe Official . The Code
• Official will review th? proposed change and
respond to the propert owner within thirty
(30) days of the filing of the application.
Any and all changes mus meet all zoning and
building code requirement_ .
B. Each application for a new 1 cense or a renewal of
an existing license shall be accompani-d 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 .dded for each dwelling
unit to be inspected in excess of one. All such fees shall be
payable at the office of the City's Dir-ctor of the Department
of Finance.
C. The 1995 license fee fo property currently
registered pursuant to the City' s rent.: l 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 sc eduled 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 resid=ential properties .
-4-
B. Upon receipt of a complet d application for a
license for single family rental esidential properties
including the payment of all required f es, the Code Official,
after determining the rental resi ential property in
conformance with the City' s zoning rdinance and is not
otherwise in violation of this code, sha 1 issue a liC2nse.
C. Upon receipt of a complet d 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, t e Code Official shall
issue a temporary certificate indicati g that a license has
been duly applied for, and that such license shall be issued
or denied after the property has been i spected for compliance
with applicable city codes . A tem orary certificate, as
issued, shall authorize continued oc upancy of the rental
residential property pending the issu nce or denial of the
applied for license.
D. Licensing inspections of miltiple family rental
residential property shall include t e building exterior,
common areas, basement, and twenty •ercent (20%) of the
individual dwelling units with a min'mum of at least one
dwelling unit. The Code Official •r his designee will
determine which dwelling units are to be inspected.
E. When a licensing inspection •f a rental residential
property reveals any violations of applicable codes, a
compliance time frame will be set by he Code Official . In
establishing a compliance time frame, 'he Code Official shall
determine the reasonable minimal time n-cessary 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 ' he 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 ill occur; and
4 . An explanation that if upon completion of the
licensing re-inspection that the requirements
of applicable City code- have not been met, a
written denial of th- license application
revoking the temporary certificate will be
issued.
F. A licensing re-inspection will be conducted at the
end of the compliance time frame. pon completion of the
-5-
licensing re-inspection of the rental esidential property, a
license shall be issued if the rents residential property
meets the requirements of applicable City codes . If the Code
Official finds that the requirements oapplicable City codes
have not been met, a written denial of he license application
revoking the temporary certificate and specifying thU defects
shall be transmitted by regular U.S . mail to the applicant.
G. A rental residential proper y which is in total
compliance at the time of the lice sing inspection shall
receive a one year extension of the 1 'cense at no additional
charge and with no additional inspectio s being required.
H. If during a licensing inspec ion any dwelling unit
is determined to be unfit for human oc4upancy 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 dwell 'ng units, the entire
rental residential property will be _ubject to inspection.
All additional dwelling units inspect_d shall be subject to
the dwelling unit fee as set forth i Section 6 . 37 . 050B of
this ordinance.
I . The number of dwelling unit to be inspected per
rental residential property shall be calculated using the
following table:
Number of Dwelling Number f 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 ixty (60) units shall
have the number of dwelling units to e inspected calculated
at twenty percent (20%) of the tot 1 number of dwelling
units . The dwelling units to be insp cted shall be selected
by the Code Official .
J. Any inspections made neces ary because of cited
violations not being corrected at th time of the initial
license inspection shall be subject t the reinspection fees
as set forth in Chapter 16 .48 of this c de, as amended.
-6- 1
KApplications for license rene als shall be made in
the same manner as for new applicat ons except that such
applications shall state thereon such fa t.
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 viol tions of this chapter:
A. Failure of the owner or wners of the rental
residential property to license such roperty 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 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 t e rental property to
maintain the structure and premise in compliance with
applicable building, property mai tenance 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 pur- uant to this chapter
without the approval of the Code Offic al shall be liable for
the penalties provided for by this chapuer.
6 . 37 .090 License-Suspension and Revoca ■ion.
A. A license may be suspende• when violations of
applicable city codes have been ident' fied by the Department
of Code Administration and the property owner has been
properly notified of the violations .nd given a reasonable
period of time in which to correct violations, but has failed
to do so. A license may also se suspended when any
information provided in the license ap•lication 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
-7-
the standard as set forth in Section 6 . 37 . 060E. The Code
Official shall send notice to the prope ty owner or the listed
property agent by regular U. S. mail at the last address
provided on the most recent license ap lication. Said notice
shall include the following:
1 . Description of the property sufficient for
identification; 1
2 . A statement listing 1 the violations of
applicable codes;
3 . A statement on the date upon which a
reinspection will occur; and
4 . An explanation that if pon completion of the
reinspection that the requirements of applicable
City codes have not been met, that the license for
the rental residential proper y will be suspended.
C. A reinspection will be condu. ted at the end of the
compliance time frame. If the Code •fficial finds that the
requirements of applicable City codes ave 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, he Code Official shall
send notice to the property owner or th- 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 pr.perty sufficient for
identification;
2 . A statement of the reaso s for the suspension;
3 . An explanation of the p operty owners right to
appeal the suspension;
4 . If the property owner hanges his address or
changes property agents and fails to notify the
Department of Code Administra ion, such notice shall
be sufficient if sent by cert fied mail to the owner
or his property agents last ddress provided on the
last license application. 1
E. A property owner whose lice se has been . suspended .
may request a reinspection prior to evocation. If, upon
reinspection, the Department of Code Ad inistration finds that
the licensed property in connection wi h which the notice was
issued is now in compliance with t is chapter, the Code
Official may reinstate the license. The request for a
reinspection shall not stay the revo ation of the license
-8-
unless the Code Official grants such request pursuant to a
showing of good cause by the property o ner.
F. Any person whose license has een suspended shall be
entitled to appeal the suspension to t e Property Maintenance
Board of Appeals by filing a petition s set forth iff -Section
16 . 12 . 080 of this code. A hearing sh 11 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 dat- with revocation being
the penalty for noncompliance, or di-miss 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 whe a petition for appeal
has not been filed within twenty (20) Bays following the date
of issuance of an order of suspension, or, if the suspension
is sustained after appeal . A license m=y 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 'n the City' s Property
Maintenance Code.
H. A license which has been pro erly revoked as herein
provided shall not be reinstated. T e property owner may,
however, obtain a new license after all violations have been
corrected and by following the procedu es 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, he 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 ntil such time as the
Property Maintenance Board of Appeals renders a decision on
the appeal .
J. Whenever a temporary certif cate 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 ap lication. Said notice
shall be sent by registered mail, re urn receipt requested.
The Code Official shall also notify al tenants of the rental
residential property by posting a noti e on all entrances to
the rental residential structure. The notice to the tenants
shall include the following:
1. You are hereby notifi d that the temporary
certificate or license for t is structure has been
revoked pursuant to Chapte 6 . 37 of the Elgin
Municipal Code.
-9-
i
2 . You must vacate this tructure within sixty
( 60) days of the date of this otice.
3 . If you fail to vacate t is structure, you will
be in violation of Chapte 6 . 37 of the Elgin
Municipal Code and subject to penalties -01 fines
with a minimum of $50 . 00 an a maximum of $500 . 00
for each day you are in violatlion.
K. Whenever an owner or property agent of a rental
property fails to license said property with the Department of
Code Administration, the Code Offic al shall notify all
tenants of the rental property by po ting 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 t is structure, you will
be subject to the penalties a d fines with a minimum
of $50 . 00 and a maximum of $ 00 . 00 for each day you
are in violation.
6 . 37 . 100 Owner Responsibility.
A. The owner of a rental resi ential property shall
maintain a record for each property wi h the full legal names
of every tenant in each dwelling unit.
B. The owner or property agent if a rental residential
property shall provide each tenant with the name and telephone
number of a responsible person who, i emergency situations,
will be available on a 24 hour basis an$ 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 str cture.
C. The owner of a rental resiiential property shall
inform each tenant in writing, prior to occupancy, of the
maximum number of persons allowable by he occupancy standards
of the City's Property Maintenance Code This number shall be
determined by the Code Official . I
D. The owner of a rental resi ential property shall
make available to the Code Official upo request, the occupant
records required to be maintained under his section.
6 . 37 . 110 Inspection Access .
_10_
r
If any owner, property agent, occ pant or other person in
control of a rental residential prope ty 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 thi ordinance, the Code
Official or his designee may apply to he Circuit Court for a
search warrant or other appropriate ourt order authorizing
such inspections .
6 . 37 . 120 No Effect on Leases . 1
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 addit 'on to other legal and
equitable remedies available to the c ' ty, 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 dist'nct 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.
• s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: September 14, 1994
Passed: September 14 , 1994
Omnibus Vote: Yeas 7 Nays 0
Recorded: September 15, 1994
Published:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
_11-
Cf—a
September 9 , 1994
MEMORANDUM
TO: Richard B. Helwig, City Manager
FROM: Erwin W. Jentsch, Corporation Counsel
SUBJECT: Revised Draft of Rental Licensing Ordinance
Attached find a revised draft of a proposed rental licensing
ordinance. Please note the following revisions :
1 . Section 6 . 37 . 010 has been revised, to enumerate a listing
of specific purposes of the ordinance.
2 . Section 6 . 37 . 050A1 has been revised to delete the
requirement for the disclosure within a license
application of the names of the holders of a beneficial
interest. Such information i$ otherwise attainable
pursuant to the Building Law Violation Ownership
Disclosure Act (765 ILCS 425/1 et seq. ) . This statute
requires a trustee or managing agent of property to
disclose to the City the identity of every owner and
beneficiary with an interest in the property within ten
( 10) days after receiving a notice from the City of a
violation of City ordinances or housing regulations .
3 . Section 6 . 37 . 050B has been revised by including fee
amounts . This section has also been revised by adding a
subparagraph C to provide for a credit against a 1995
license fee for properties currently registered pursuant
to the City' s rental registration program. Said section
has been further revised to include a direction that all
fees be paid at the office of the City' s Director of the
Department of Finance.
4 . Section 6 . 37 . 060G, H, I and J, have been revised by
deleting references to the word "will" and replacing
those references with the word "shall" .
5 . Section 6 . 37 . 090 relating to license suspensions and
revocations has been reformatted.
6 . Section 6 . 37 . 100B has been revised by adding the
additional requirement that an emergency name and
telephone number also be posted , and maintained in the
main entryway of each rental residential structure.
7 . Section 6 . 37 . 110 has been added regarding the code
official or his designee applying for search warrants
where consent to inspections has been refused.
8 . Section 6 . 37 . 130 has been revised to provide a more
detailed enumeration of the penalties for violations .
9 . Section 6 . 37 . 140 has been revised to insert an effective
date for the ordinance of January 1, 1995 .
EWJ
mg
Attachment
a t I
COMMITTEE OF THE WHOLE MEETING
AUGUST 24, 1994
The regular Committee of the Whole meet ng was called to order
by Councilman Gilliam at 6 : 35 p.m. at t e Hemmens Building
Exhibition Hall . Present: Councilmemb rs Fox, Gilliam, Popple,
Schock, Walters, and Yearman. Absent: Mayor VanDeVoorde.
Councilman Schock made a motion, second d by Councilwoman
Popple, to appoint Councilman Gilliam M yor Pro Tem. Yeas :
Councilmembers Fox, Gilliam, Popple, Sc ock, Walters, and
Yearman. Nays : None.
Approval of Minutes •
Councilwoman Popple made a motion, seconded by Councilman Fox,
to approve the minutes of the August 10, 1994 meeting. Yeas :
Councilmembers Fox, Gilliam, Popple, Schock, Walters, and
Yearman. Nays : None.
Temporary Sewer Construction Easement Extension for P. K.
Products 1
A resolution will be presented at tonight' s Council Meeting for
adoption by Council .
Ordinance on Rental Licensing
Department of Code Administration Direc or Webb gave background
information concerning the proposed ordnance. Housing
Supervisor Millikan highlighted the mai points of the proposed
ordinance which include the following. An application fee will
be payable at the time of application. A temporary certificate
will be issued. Thereafter, 20% of the building will be
inspected. The license will be issued my after code
compliance is met. Enforcement procedu es were also outlined.
Corporation Counsel Jentsch advised the Council that the
proposed ordinance represents exercise f the City' s police
power. It is designed to protect the p blic health, safety and
welfare. It is a regulatory tool for u e in enforcing the
Property Maintenance Code and the Zonin Ordinance through a
system of licensing. Our courts, inclu ing the United States
Supreme Court, have upheld such approac es and have found that
the only effective way to enforce minim m standards is to insure
compliance through periodic, routine in pections, which the
licensing procedure will provide.
The Council was also addressed by propo ents and opponents of
the proposed licensing ordinance. Indi idual citizens,
realtors, rental property owners, repre entatives from Elgin
Landlord' s Association, United Coalition for Better Elgin,
Committee of the Whole Meeting
August 24, 1994
Page 2
Chicagoland Apartment Association, Elgi Board of Realtors,
Gifford Park Association, CURE (Clean U and Restore Elgin, and
Elgin Image Advisory Board stated their objections to or support
of the proposed ordinance.
Councilman Fox made a motion, seconded 1y Councilman Walters, to
approve the proposed ordinance which is based on the recommended
Proposal B - licensing of all rental st •uctures and the
inspection of all buildings with two or more dwelling units .
Staff was also asked to look at the com.osition of the Board of
Appeals in light of comments made this :vening. Yeas :
Councilmembers Fox, Gilliam, Popple, Sc ock, Walters, and
Yearman. Nays : None.
Fundin. Pro.osal from El• in Public Muse m
Councilman Gilliam requested permission of Council to delay
beginning the Council Meeting in order o consider the funding
proposal from the Elgin Public Museum.
Nancy Epping, Elgin Public Museum Direc or, addressed the
Council concerning the museum' s Board o Directors ' plan and
initiative to complete the museum build'ng, which is lopsided in
that it was not completed because of th death of G. P. Lord
prior to completion, and to meet ADA re uirements so that the
building will be accessible to everyone. Ms . Epping stated that
nearly 20,000 people visited the museum in 1993, and many groups
have to be turned away because of the 1 ck of space.
The museum board is requesting the City's permission to initiate
fund-raising activities to raise money o increase space and to
finish the building architecturally. T e board is also asking
that the City include the Phase I const uction in the 1995
budget and the 5-year capital budget. he board promises to
match every dollar provided by the City.
A representative of the Fox River Valle Center for Independent
Living read a statement of support for he proposal and urged
that the building be made accessible fo members of the disabled
community, who should be considered equ. l citizens in that they
also pay taxes .
Councilwoman Popple made a motion, seco ded by Councilwoman
Yearman, to authorize the Elgin Public useum to proceed with
their fund-raising plan and initiative nd to include this
proposal in the City' s 5-year financial plan proposals . Yeas :
Councilmembers Fox, Gilliam, Popple, Sc ock, Walters, and
Yearman. Nays : None.
Recess
Mayor Pro Tem Gilliam declared a short recess before going into
the regular Council meeting.
. . ,. ,
Elm
Agenda Item No.
751.44L,;),,,,,..;.
slY3 Nit.t>
August 17, 1994
TO: Mayor and Members of the City ouncil
FROM: Richard B. Helwig, City Manage
SUBJECT: Residential Rental Licensing Ordinance
PURPOSE
The purpose of this memorandum is to fo and to the Mayor and
City Council a residential rental licens ng ordinance.
BACKGROUND
At a special Committee of the Whole me ting on November 20,
filik 1993, the City Council considered several housing code is-
sues, including a residential rental li ensing program. Such
a rental licensing initiative would eplace the existing
rental registration program which has b en generally ineffec-
tual in improving the rental housing stock. Staff also
stressed rental licensing is a key elem nt in establishing a
quality, systematic inspection program. After hearing exten-
sive public comment, the City Council directed staff to work
with interested citizen groups to devel p a rental licensing
ordinance.
Licensing ordinances from several cities were studied and a
composite ordinance embodying the best applicable features
was created and forwarded to the repres ntatives of the Elgin
Landlords ' Association, the Elgin Boa d of Realtors, the
Greater Chicago Apartment Managers ' ssociation, and the
United Coalition for a Better Elgin. At least two meeting
with the representatives of each of th se organizations re-
sulted in several changes to the draft ordinance, which was
then revised and edited by the Law Depar ment.
The Landlords ' Association has specifically requested that
the City Council be informed of their o position to any form
. of regulation. The written comments of he Landlords ' . Associ-
ation, as well as other citizen groups, re attached.
Staff has prepared three program proposals (with respective
costs) for City Council consideration (see attachments) .
A^
Residential Rental Licensing Ordinance
August 17, 1994
Page 2
Proposal A: License all residential rental buildings and
inspect all multi-family buildings with three or
more dwelling units .
Proposal B: License all residential ren al buildings and
inspect all buildings with wo or more dwelling
units .
Proposal C: License and inspect all rental structures,
including single family.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Landlords ' Association, Elgin Board of Realtors , Great-
er Chicago Apartment Managers ' Association, United Coalition
for a Better Elgin, Clean Up and Restore Elgin (CURE)
FINANCIAL IMPACT
The financial impact of the rental lice sing program is out-
lined on page one of the Department of Code Administration' s
rental licensing proposal (attached) .
LEGAL IMPACT
The attached ordinance was prepared by the Law Department .
RECOMMENDATION
A residential rental licensing program ' s essential to stabi-
lize neighborhoods and to maintain pro•erty values . More-
over, it allows for the orderly, sys •ematic inspection of
buildings, rather than the current com•laint-driven process,
which is haphazard, reactionary and diff cult to administer.
Of the three licensing programs discus-ed above, the staff
recommends Proposal B - the licensing of all rental struc-
tures and the inspection of all buildi gs with two or more
dwelling units . The attached ordinance is based on Proposal
B.
Proposal B contemplates the hiring of t o additional inspec-
tors, a program administrator, and the pgrading of two part-
time positions to full-time. The cost or the above increas-
es in staff, as well as support equipme t, is almost entirely
covered by program fees.
r
Residential Rental Licensing Ordinance
August 17, 1994
Page 3
oeft With the additional staff for the lic using program, there
will be no diminution of other code ork and neighborhood
inspection programs . Tight coordinatio between the licens-
ing and neighborhood inspection progr ms will have a pos-
itive, synergistic effect and greatly a Nance the quality of
life for Elgin' s residents .
Respecdaly submitted,
10 Ak
.C. Ji - Webb
•• - • •ministration Director
Robert O. Malm
Chief operating Officer/
A-sistant City Manager
Richar B. Helwig cy.,\
City M nager
amp
Attachments
r
DEPARTMENT OF CODE ADMINIS RATION
RENTAL LICENSING PROPO AL
The administration of the Rental Licensing rdinance is dependant
upon the number of buildings that ill require annual
inspections . Three proposals have been prepared to show the
costs and revenues that would be generated y each proposal . The
three proposals are as follows;
*Proposal A - Calls for the licensing of all rental structures
and the inspection of all multi-family structures
with 3 dwelling units or more.
*Proposal B - Calls for the licensing of all rental structures
and the inspection of all buildings with 2 or more
dwelling units .
*Proposal C - Calls for the licensing and inspection of all
rental structures, single fa ily on up.
* These proposals call for the interior inspections of dwelling
units . The number of dwelling units per building to be
inspected is listed in the Inspection Re•iuirements section.
The successful adoption of this ordinance, whichever proposal is
accepted, will require the hiring of a !'rogram Administrator.
Current Staff will not be able to handle the administrative
r responsibilities of this program without s-verely impacting other
duties .
Program Costs A B C
Program Administrator $ 42 , 000 $ 42 , 000 $ 42 , 000
Paralegal Upgrade 15 , 000 15, 000 15, 000
Clerical Upgrade 4, 000 4, 000 4, 000
Additional Inspectors 0 90, 000 135, 000
Equipment 0 20, 000 30, 000
Total Cost 61 000 171 000 226 000
Proposed License Fees
Single Family $ 25 $ 25 $ 50 '
2 Family 25 50 50
Multi-family base fee 50 50 75
Add. Dwelling Units $ 25 $ 25 $ 25
Program Totals
Program Cost $ 61 , 000 $171, 000 $226, 000
Projected Revenues 131, 300 166, 350 213, 150
1995 Budget Increase -8 70, 300 +$ 4,650 +$ 12,850
r
rMonthly Increase in Property Owners Cost Per Dwelling Unit
1 dwelling unit $ 2 . 08 $ 2 . 08 $ 4 . 17
2 dwelling units 1 . 04 2 . 08 2 . 08
3 dwelling units 1 . 39 1 . 39 2 .08
5 dwelling units 1 . 25 1 .25 1 . 67
15 dwelling units . 55 . 55 . 69
25 dwelling units .50 . 50 . 58
40 dwelling units . 47 I . 47 .52
60 dwelling units $ .45 $ .45 $ .47
INSPECTION REQUIREMENTS
Proposal A 2 , 285 hrs
Proposal B 4, 403 hrs
Proposal C 5, 685 hrs
Note: These totals were derived by mul iplying the amount of
time needed to complete initial and follow up inspections by the
number of buildings listed in Chart 1 . Five percent has been
added to some of the numbers in Chat 1 to account for
unregistered buildings .
The Rental Licensing Ordinance proposes t at annual inspections
of properties include the property ex erior, the building
exterior, all interior common areas and b sements, one dwelling
unit, and a number of additional dwelling units that will total
20% of the building. The number of welling units to be
inspected equals;
Proposal A
3 - 5 unit building 1 dwelling unit inspected.
6 - 10 unit building 2 dwelling units inspected.
11 - 15 unit building 3 dwelling units inspected.
16+ unit building 20% of building.
Proposal B
2 - 5 unit building 1 dwelling uni inspected.
6 - 10 unit building 2 dwelling uni s inspected.
11 - 15 unit building 3 dwelling uni s inspected.
16+ unit building 20% of buildin• .
Proposal C
1 - 5 unit building 1 dwelling uni inspected.
6 - 10 unit building 2 dwelling uni s inspected.
11 - 15 unit building 3 dwelling uni s inspected.
16+ unit building 20% of buildin. .
Note: Owner Occupied dwelling units wou d not be subject to
the annual licensing inspection.
2
PROCESSING REQUIREME TS
The primary responsibility of all paperwor . processing will go to
the Program Administrator. The duties of the Program
Administrator will include, receiving and reviewing all
applications and renewals, scheduling all licensing inspections,
inputting all information in the computer, working with the
inspection staff to ensure timely follow- p inspections, issuing
certificates and licenses, answering questions from the public,
and any other duties related to the progra .
In addition to a Program Administrator, the clerical staff needs
to be increased to ensure that violation n.tices are processed in
a timely fashion. The department currentl has 1 full-time and 1
part-time clerk typist working in the Property Maintenance
Division. Increasing the part-time posiuion to full-time will
enable the staff to handle the increase in paperwork.
LICENSE FEES
License fees are based on the cost of making the inspections and
processing the paperwork. The proposed lees are based on the
following numbers;
Amount of time needed to complete a base i spection
(including inspector processing) (avg. ) 1 hr
Amount of time needed to inspect an
additional dwelling unit (avg. ) 1 hr
Processing an application (avg. ) 45 min
The time needed to complete an inspection will not vary
regardless of which proposal is adopted. Therefore the fees do
not increase except when a property goes rom licensing only to
licensing and inspection. The base fee ' n Proposal C has been
increased to help cover the additional pro essing requirements .
•
Proposal A
1 & 2 family licensing fee $ 25
Multi-family base inspection fee $ 50
Additional dwelling unit fee $ 25
Proposal B
Single Family licensing fee $ 25
Inspection base fee (two units and up) $ 50
Additional dwelling unit fee $ 25
Proposal C
1 & 2 Family base fee $ 50
Multi-family base fee $ 75
Additional dwelling unit fee $ 25
3
Chart 2 on page 8 indicates how the license fees proposed for
(Pak
this ordinance compare to other communit ' es in this area that
have established rental licensing ordinances . •
PROJECTED REVENUES
Projected revenues were created by multiplying the inspection
fees by the number of units that will be inspected with each
proposal .
Proposal A $ 131 , 300
Proposal B $ 166, 350
Proposal C $ 213, 150
Note: There will be revenue generated b re-inspection fees,
administrative citations, and court fine . It will be very
difficult to estimate the amount of reven e generated by these
resources until after the program has been in place for at least
a year therefore this revenue has not been 'ncluded.
STAFFING REQUIREMENT,
The department is currently instituting an inspection team
concept. This change was brought about by the recent department
reorganization which included the loss of he field supervisor's
position. Two inspection teams will be created with a lead
inspector in charge of each team. The breakdown of the staff
will vary with each proposal .
The increase in cases caused by the annua inspection of rental
properties, along with systematic neighborlood inspections, will
increase the number of cases that are taken to court for
compliance. The department currently employs a part-time
paralegal clerk to handle all court act ' on processing. The
processing requirements of the department ' % current court action
is already more than the paralegal clerk .an handle in a timely
fashion.
To handle the increase of court action whici will happen with the
adoption of this program, it is recommend-d that the paralegal
clerk be upgraded from part-time to full-t me. The cost of this
upgrade has been included in the overall co-t of the program.
The projected costs for additional staff 'nclude all costs, ie :
salary, benefits, vehicles, equipment, etc.
Note: Additional staff will require additi.nal office work space
which is not currently available in th= Code Administration
offices .
r
4
Proposal A
This proposal can be adopted with t e current inspection
staff . There will be a need for the addition of a Program
Administrator and the increase of th- part-time paralegal
clerk and clerk typist to full-time. An inspection team
consisting of one lead inspector and three inspectors will be
assigned to the rental licensing progra .
Under this proposal, the rental lic-nsing team would be
required to complete annual inspect ' ons of approximately
1, 015 buildings and 1, 986 dwelling units . This would require
approximately 60% of the teams avail=ble field inspection
time. The remaining 40% would be utilized on systematic and
complaint work.
Proposal B
This proposal includes inspections of duplexes . Duplexes
make up 43% of all rental buildings . This proposal will
require 2 additionalinspectors . The -ddition of a Program
Administrator and the upgrade of th= paralegal clerk and
clerk-typist from part-time to ful ' -time will also be
required.
Under this proposal, the rental licens ng team would need to
be increased to 6 inspectors . They would be required to
complete annual inspections on approxi ately 2, 417 buildings
and 3, 388 dwelling units . This would require approximately
75% of the teams available field i spection time. The
remaining 25% would be utilized on sy:.tematic and complaint
inspections .
Proposal C
This proposal includes the annual insi•ection of all rental
properties . To carry out this pr.posal, 3 additional
inspectors would be required. The - ddition of a Program
Administrator and the upgrade of th= paralegal clerk and
clerk typist from part-time to ful -time would also be
required.
Under this proposal, the rental lic-nsing team would be
increased to 7 inspectors . They ould be required to
complete annual inspections of approxilately 3, 266 buildings
and 4, 237 dwelling units . This would require approximately
82% of the teams available field i spection time. The
remaining 18% would be utilized on sy:.tematic and complaint
work.
5
The systematic inspection team is not eing proposed to be
rsik • increased at this time. The number of prop rties that fall under
the systematic neighborhood inspections ill decrease as more
inspections are added to the rental licensi g program.
All efforts will be made to coordinate n ighborhood systematic
inspections with licensing inspections o that the service
provided will be the most efficient and ha e the greatest impact
on the individual neighborhoods .
Chart 1 has been used throughout thes- proposals to base
inspection times and projected revenues . This chart shows the
current number of buildings register=d with the Rental
Registration Program. It is estimated t at 95% of the rental
properties have been registered so som- numbers have been
increased by 5% to account for the unregist-red buildings .
r
r
6
r Chart 1
No. of dwelling Total no. Total no. of
units in bldg. of bldgs . dwelling units .
1 809 809
2 1, 335 2, 670
3 212 636
4 211 844
5 100 500
6 129 774
7 27 189
8 74 592
9 21 189
10 44 440
11 2 22
12 22 264
14 14 196
15 6 90
16 32 512
17 2 34
18 4 72
19 1 19
20 1 20
21 2 42
r 23 14 322
24 12 288
32 11 352
33 8 264
35 11 385
36 1 36
38 3 114
40 2 80
50 2 100
60 1 60
96 1 96
150 2 300
1 & 2 Family: 2 , 144 3, 479
Multi-Family: 972 7 , 832
TOTALS: 3, 116 11,311
eft.
7
e'" Chart 2 is a comparison of the licensing gees proposed for this
• ordinance with the licensing fees in effe• t in other comparable
cities in this area.
The three columns under Elgin indica e the license fees
corresponding to the three proposals .
Chart 2
# of Oak Park Joliet Aurora Elgin
units A B C
1 $ 5 $ 0 $ 35 $ 25 $ 25 $ 50
2 $ 10 $ 30 $ 37 $ 25 $ 50 $ 50
3 $ 15 $ 40 $ 40 $ 50 $ 50 $ 75
6 $ 30 $ 60 $ 70 $ 75 $ 75 $ 100
11 $ 55 $ 147 $ 140 $ 100 $ 100 $ 125
16 $ 80 $ 192 $ 140 $ 125 $ 125 $ 150
21 $ 105 $ 215 $ 205 $ 150 $ 150 $ 175
26 $ 130 $ 230 $ 205 $ 175 $ 175 $ 200
31 $ 155 $ 245 $ 275 $ 200 $ 200 $ 225
36 $ 180 $ 260 $ 275 $ 225 $ 225 $ 250
41 $ 205 $ 275 $ 335 $ 250 $ 250 $ 275
46 $ 230 $ 290 $ 335 $ 275 $ 275 $ 300
51 $ 255 $ 305 $ 400 $ 300 $ 300 $ 325
56 $ 280 $ 320 $ 400 $ 325 $ 325 $ 350
Note: The base fee in Proposal C was incre-sed $25 to offset the
additional processing that will be requir=d if this proposal is
accepted.
r
8
DEPARTMENT OF CODE ADMIN STRATION
RENTAL LICENSING ORDI CE
COMMUNITY GROUP CO ii NTS
The following are comments from the various community groups who
discussed the proposed ordinance with DCA during June 1994 .
* Indicates suggestions that will be incorporated into the next
draft of the ordinance.
CHICAGOLAND APARTMENT MANAGER. ASSOCIATION
1. They would like to see the program ex.anded to include
licensing inspections of single and t o family structures .
2. They do not feel that annual inspec ions are necessary for
all buildings and proposed that insp: ction frequency be tied
to the building's age.
3. Section 5. 1 (A) - They do not thi k that property owners
should have to disclose the informa ion asked for in this
section. They had a question about what information we are
going to ask for on those buildi gs that are owned by
eik corporations that sell stock.
4 . They asked us to check with HUD to compare their occupancy
standards with BOCAs .
*5. Section 6 .3 - They asked if the time rame to report a change
of ownership could be extended to 10 orking days .
6. They thanked us for changing 6.4 to e empt the double payment
of fees within the same year. Joel -tated that we would be
adding an administrative fee to cove. the cost of recording
the change of ownership.
7. They asked if it would be possible to have blank applications
distributed to title companies and real estate offices so
that new owners could receive them at closing.
8. Section 10 . 1 (B) - They questions if a requirement to vacate
in 30 days was legal and proposed th-t the time be extended
to 45 or 60 days .
*9. They asked if the composition of the Board of Appeals could
be added to the commentary.
10. Section 14 . 1 - The asked us to li=t the ordinances which
would be repealed with the adoption o this ordinance.
ELGIN LANDLORDS ASSOC ATION
1. They started the meeting be sta 'ing again that their
association has an overall disagreeme t with rental licensing
and does not want their comments to be misconstrued as some
form of acceptance.
*2. Section 2. 0 - They asked if we could include a commentary to
clarify what inspection rights the ci y has .
3. They questioned how we are going to handle the licensing of
those properties that have alread been cited for code
violations and have outstanding case- pending at the time of
the ordinances adoption.
4 . They questioned how we are going to handle the license
applications of those properties which have rental
registration applications currently - itting in the Planning
Department awaiting use reviews .
5. They want to know how the definition of family will account
for dwellings that house people such -s foster children.
6. Section 5. 1 (F) - They feel that - 11 information that is
going to be asked for should be list=d. This section is too
ambiguous .
*7. Section 6.2. 1 - They want language included in the ordinance
which states that we will disclose which units are to be
inspected at the time the insp-ction appointment is
scheduled.
8. Section 10. 1 (B & C) - They feel that these sections are not
legal and think we need to discuss this with our legal
counsel again.
*9. Section 11. 3 - They asked if the co entary could be changed
to say that the suspension or revoca . ion will take effect at
the time of service of the notice in-teed of at the time of
the inspection.
10. Section 13. 3 - They want this section removed because they do
not want to disclose the maximu number of allowable
occupants to their tenants. They feel that tenants will move
more people in if they know they are under the maximum
occupancy limit.
11. They also stated that they feel i is discriminatory to
inspect multi-family buildings and no single and two family.
UNITED COALITION FOR A BE ER ELGIN
1. Section 4 .3 (F) - They feel that th- licensing inspections
need to include single and two fa ily buildings as well
because a lot of problems exist withi these structures .
2. Section 5 .0 - They feel that a build ng floor plan should be
submitted with each application.
*3. Section 5 .0 (A & D) - They want to include language which
would require owners to show proof of identification at the
time the application is submitted.
4 . Section 6 .2 . 3 - They feel that if o e unit is found to be
unfit for human habitation then the e tire building should be
inspected.
5. Section 6 .4 - They would like the title companies to be
required to notify the City of any transfers . Maybe handle
it through the real estate transfer t..x.
7. Sections 6 .5 & 6.6 - They feel that iental property owned by
other governmental agencies should be held to the same
standards as all property owners . ie: annual inspections and
fees.
8. Section 7 .0 - They would like to see he fee schedule listed.
We informed them that City Council would be setting the
actual fees .
9 . Section 11 .7 - They are not happy wish the code section that
designates qualifications for the beard of appeals. They
want some representation on the boar• other than the listed
professional occupations.
10. Section 13.0 - They suggest that the owners responsibilities
be listed on the application.
ELGIN BOARD OF REAL RS
*1. Section 4 .3 (E) - They feel that the ording of this section
should be reviewed carefully becau a it may exempt some
properties such as rooming houses wh re rents are paid on a
shorter time frame such as 1 week. They suggest that we
remove the words "other structures" .
2 . Section 5. 1 (A & D) - They feel that t is illegal to require
owner information on the application- . They suggested that
we also have the ordinance reviewe. by the fair housing
specialist for possible discriminato language.
3. Section 5. 1 (D) - They want to know i . we can require someone
who lives out of state to have a rent- 1 agent. They used the
example of a property owner who lives in Lake Geneva
Wisconsin as opposed to an owner woo lives in Carbondale
Illinois .
4 . Section 11 .4 - They initially had an objection to preventing
the reoccupancy of dwelling units that become vacant during a
period of suspension. After explai ing the process that a
property must go through before its license is suspended,
their objection was not as severe.
5. They suggested that we explore ways to get the application
requirement distributed to new •wners, ie: pass out
• applications with the transfer stain? , Work with the title
companies, bar association, and re- 1 estate offices to
distribute applications at closings .
r
CHICAGOLAND
' APARTMENT
ASSOCIATION STATEMEN MADE TO
THE ELGIN CI COUNCIL ON
THE PROPOSED ORDINANCE TO
LICENSE AND I SPECTION OF
OFFICERS RENTAL RESIDE TIAL PROPERTY
President BY MICHAE A. THOM,
DAVID
Des de
TheBrGroup EXECUTIVE VICE P-ESIDENT OF THE
1st Vice President CHICAGOLAND APAR MENT ASSOCIATION
JANICE STEWART
The Habitat Company
2nd Vice President
RICHARDGOLDSTEIN AUGUST 24, 1994
Ludwig and Company ELGIN, I LINOIS
Secretary
DIANA JULIAN-PITTRO
Dora!Michigan Avenue Plaza
Treasurer Good evening Mr. President:
CARLA YOUNG KENNEDY
CAMCO,Inc.
Immediate Past President Myname is Michael Thom, : ecutive Vice President of the
THOMAS P.McGUINNESS
Mid America Management Chicagoland Apartment Association (CAA) as well as the Illinois
Executive MICHAEL THOM Presidentce
AELAApartment Association. I am pl-ased to appear before you this
Chicagoland Apartment Association evening representing the owner- and managers of some 80,000
DIRECTORS apartment units in the Chicag• metropolitan region including
J
Pier-Angeli Company apartment communities in Elgin a d the Fox River Valley.
CHRISTOPHER T.CARLEY
The Fordham Company
RICHARD CAVENAUGH The CM appreciates the opport nity afforded us to examine and
The Prime Group,Inc.
THOMAS W.CUSTER comment on this ordinance by the Elgin Code Administrator. Several
Berkshire Property Investors of our concerns have alreadybee addressed in the current draft.
GARTH DOERING
Penobscot Corporation
HOWARDEhoPartnershipwever,
SON
PartnThere Realty Managementremain, a few are-s we wish to touch upon that need
DAVIS GLASSBERG further consideration by the City •ouncil.
Surface Renew-All,Inc.
RICHARD S.HARB
Marquette L NDGRManagF The requirement for the name, add ess, and home and work telephone
CHRISTA LANDGRAF p
Brook Furniture Rental numbers of each owner or holde of beneficial interest in the rental
BRUCE Me
Metropolitan n Structures property on the license applicatio is goes beyond what the City of
SHARENMANGIAMELI Elgin needs to regulate rental pr•perty. The names, address and
Mid America Management
BARBARA MARING telephone number of the owner an• management company should be
Keystone
JIM MILLS Realty sufficient to handle most problem that arise.
The Chicagoland Apartment Guide
MICHAEL MULRYAN
Chicago Metro Fire Prevention Co. Any fees imposed from the licensing of rental property should reflect
GREGORY O
Lincoln ProppertyertyCompany the cost of inspections. This ordin=nce should not be used for raising
Company
DEANNA NELSON revenue.
Baird&Warner
MICHAEL PARKE
American Energy
NICK ROGOSIENSKManagementI Lastly, if this ordinance is to be im•lemented, inspections should apply
RELCON,Inc. to all rental properties with at lea- two rental units as in Proposal B.
MICHAEL RUTeRe
Cort Furniture Rental,Inc. If this is where the bulk of buildin• code violations is perceived to be,
DANIEL SAWUSCH than the City of Elgin should inclu•e these properties in the ordinance.
Citadel Management Company
THOMAS C.SWANSON
RELCON,Inc.
DOUGLAS R.wooDwoRTH Thank you for your attention. I wil be happyto answer any questions
The Habitat Company you may have.
MICHAEL ZINK
Zink Partners
9950 West Lawrence Avenue,Suite 112
Schiller Park,Illinois 60176
708/678-5717 FAX 708/678-5731
S
RENTAL LICENSING ORDINANC
TABLE OF CONTENTS
SECTION TOPIC
1 .0 PURPOSE
2 .0 INSPECTION RIGHTS AND RESTRICTIO S
3.0 DEFINITIONS
4.0 RESIDENTIAL RENTAL LICENCE
4. 1 Responsibility to license proper y
4.2 Prohibits occupancy of unlicense• buildings
4.3 Lists exemptions
5.0 APPLICATION REQUIRED
5 . 1 Contents of Application
5.2 Proper identification of owner/a•ent required
5.3 Code official to determine occup=nt load based on
Code criteria
6.0 LICENSE REQUIREMENTS
6. 1 Annual license; revocation; susp-nsion
6.2 License issuance - annually; 2 yes when compliant
6.2. 1 Dwelling units to be inspected c osen by C.O.
6.2 .2 Scope of inspections
6.2 .3 Time frames to correct violation-
6.2 .4 Conditions for inspecting additi•nal units
6.2.5 One year extension for code comp iance
6.2 .6 Exemptions (6.5 & 6. 6)
6.3 Change in ownership to be report-d
6.4 Licenses not transferable
6.5 Governmental Agencies and PHAs r-quire licenses
6.6 Applications required from GAs ai d PHAs
7 .0 FEES
7 . 1 Base fee (tba)
7 .2 Dwelling unit fee (tba)
7. 3 Exemptions (GAs PHAs, 6. 6)
7 .4 - Addendum: Fees paid under old Rectal Reg. Ord.
7 .5 Calculation of number of units t• be inspected
7 . 6 Reinspection fees
8 .0 LICENSE RENEWALS
8. 1 Notices issued 45 days from expiration of license
8.2 Fees not paid by exp. date increased by 50%
8.3 License issued when fee paid an• inspection set
9 .0 ENFORCEMENT
9 .1 Code Official to enforce
4
10.0 VIOLATIONS
10. 1 Failure to license; occupant to vacate; owners to
maintain code compliance
11 . 0 LICENSE SUSPENSIONS AND REVOCATIONS
11. 1 Violation Notice to be sent to owner/agent;
contents
11.2 Suspension follows failure to comply
11.3 Notice of susp/rev to be sent to owner of record
11. 4 Unlawful to occupy vacant units when licence is
suspended
11 .5 Owner may request hearing before Appeals Board
11 . 6 Licensed revoked if appeal not requested following
suspension
11.7 License reinstated if compliant prior to hearing
11.8 License subject to revocation if owner convicted
11.9 License may be revoked if immediate action not
taken in emergency
11. 10 After revocation each day is separate violation
11. 11 Revoked licenses cannot be renewed; new license
required after violations are corrected
12 .0 PENALTIES
12 . 1 As in Chapter 1.2 of the Elgin Municipal Code
13. 0 OWNER RESPONSIBILITY
13 .1 Maintain record of full legal names & DOBs of
all tenants
13.2 Provide tenants with name/number of 24-hr agent
13. 3 Inform tenant in writing of maximum occupancy at
time of renting
13.4 Make records available to code official on request
14.0 CONFLICTING ORDINANCES
14. 1 Conflicting ordinances repealed
15. 0 EFFECTIVE DATE
15. 1 In effect after passage/publication
DEPARTMENT OF CODE ADMINISTRATION
CODE ENFORCEMENT DIVISION 451/6"-
0—
RENTAL
/i'RENTAL LICENSING OR0INANCE
* * * DRAFT COPY O I Y * * *
DRAFT #4 MAY 25, 1994
Pursuant to City Council directive, a proposal for a new
ordinance has been developed. The puri•ose of this ordinance is
to replace the current rental regisuration ordinance with a
licensing program for rental residential properties .
SECTION 1. 0 PURPOSE
The purpose of this ordinance is to prove for the licensing
of rental residential property in the City of Elgin.
SECTION 2 .0 INSPECTION RIGHTS AND RESTRICTIONS
This ordinance does not restrict he right of the City to
inspect any property.
SECTION 3. 0 DEFINITIONS
Approved Time Extension: A writt-n request for an extended
compliance time submitted by the .roperty owner and approved
by the Code Official .
Compliance Time Frame: The time given to bring a property
into compliance.
License Revocation: A license that has been revoked for
failure to comply with a legal order by the Code Official .
DEPARTMENT OF CODE ADMINISTRATION •
When a license is revoked it cannot be reinstated. A new
license must be obtained which includes the payment of
applicable fees .
License Suspension: A license that has been suspended for
failure to comply with a legal order by the Code Official . A
suspended license can be reinstated if the property is
brought into compliance prior to revocation.
COMMENTARY: THE SUSPENSION OF A LICENSE IS A PROCESS WHICH
INFORMS THE PROPERTY OWNER THAT THE LICENSE IS IN DANGER OF
BEING REVOKED FOR FAILURE TO COMPLY WITH A COMPLIANCE ORDER.
THE MAJOR DIFFERENCE BETWEEN SUSPENSION AND REVOCATION IS
THAT A SUSPENDED LICENSE CAN BE REINSTATED IF COMPLIANCE IS
ACHIEVED. HOWEVER, DURING THE PERIOD OF SUSPENSION,
OCCUPANCY OF THE BUILDING IS RESTRICTED TO THOSE UNITS
ALREADY OCCUPIED. NO VACANT UNITS CAN BE OCCUPIED AND ANY
UNITS WHICH BECOME VACANT CAN NOT BE RE-OCCUPIED.
(SECTION 11.4)
Property Agent: A person, operator, firm, partnership,
corporation, or other legal entity designated by the property
owner to manage such rental property including the authority
to receive notices or citations and obtain compliance.
Property Maintenance Code: The BOCA Property Maintenance
Code as adopted and amended by the City of Elgin herei."after
called the PM Code.
2
DEPARTMENT OF CODE ADMI ISTRATION
Property Owner: A person, opera or, firm, partnership,
corporation, or other legal entity having a legal or
equitable interest in the proper y; or recorded in the
official records pf the state, co my or municipality as
holding title to the property; or otierwise having control of
the property, including the guardi, n of the estate of any
such person, and executor or administrator of the estate of
such person if ordered to take posse-sion of real property by
a court.
Rental Property: A one family prooerty not occupied by the
property owner or member of the p operty owner' s immediate
family or a property with two or mode dwelling units . Rental
property may be vacant or occupied.
Residential Rental License: A docpment issued by the Code
Official which authorizes and contdols the occupancy and use
of a residential rental structure.
COMMENTARY: A RESIDENTIAL RENTAL LICEN-E IS A CERTIFICATE WHICH
IS ISSUED AFTER THE LICENSE FED HAS BEEN PAID AND THE
LICENSING INSPECTION HAS BEEN SC EDULED. THE LICENSE IS
CONTINGENT ON THE PROPERTY B: ING VERIFIED FOR CODE
COMPLIANCE, OCCUPANCY AND USE BY E LICENSING INSPECTION.
Tenant: The person(s) listed o the rental agreement or
lease and/or who have legal autho ity to occupy the dwelling
unit.
3
DEPARTMENT OF CODE ADMINISTRATION •
COMMENTARY: THE DEFINITION OF TENANT DIFFERS FROM THAT OF
OCCUPANT IN THAT A TENANT IS THE PERSON(S) WHO ARE LISTED ON
A RENTAL AGREEMENT OR HAVE BEEN APPROVED BY THE PROPERTY
OWNER AS THE LEGAL OCCUPANTS OF A DWELLING UNIT. OCCUPANT IS
ANY PERSON WHO OCCUPIES A DWELLING UNIT INCLUDING PERSONS WHO
MAY NOT BE LEGAL TENANTS.
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.
COMMENTARY: THE MAJORITY OF TERMS USED THROUGHOUT THIS DOCUMENT
ARE TAKEN FROM OTHER CODES ALREADY ADOPTED BY THE CITY OF
ELGIN. FOR THE DEFINITIONS OF THESE TERMS, PLEASE CONSULT
THE SPECIFIC CODES.
SECTION 4 .0 RESIDENTIAL RENTAL LICENSE
4 . 1 It is unlawful for any person, firm, partnership,
corporation, or other legal entity to operate, maintain, or
offer to rent within the city a residential rental structure
whether vacant or not without first obtaining a license from
the Code' Official .
COMMENTARY: THIS SECTION DEFINES THE RESPONSIBILITY OF PERSONS
OR LEGAL ENTITIES WHICH OWN OR MANAGE RENTAL PROPERTY TO
LICENSE SAID PROPERTY. ALL PROPERTY, UNLESS SPECIFICALLY
4
DEPARTMENT OF CODE ADMINISTRATION
EXEMPTED BY THIS ORDINANCE, MUS BE LICENSED. THIS
REQUIREMENT INCLUDES VACANT BUILDINGS.
4 .2 It is unlawful for a person to occupy a dwelling unit in
a residential rental structure or for an owner to allow
anyone to occupy a dwelling unit in a residential rental
structure which is not licensed by 'he Code Official .
COMMENTARY: THIS ORDINANCE PROHIBITS T E OCCUPANCY OF ANY
RESIDENTAL RENTAL STRUCTURE WHICH I . NOT LICENSED.
4 .3 Exemptions : This ordinance shall not apply to the
following structures:
A. One-family owner occupied struct res .
B. One-family structures occupied b, a member of the owner ' s
family as the principle occupant.
COMMENTARY: THE PM CODE DEFINES FAMIL AS, "AN INDIVIDUAL OR
MARRIED COUPLE AND THE CHILDREN T EREOF WITH NOT MORE THAN
TWO (2) OTHER PERSONS RELATED DIR: CTLY TO THE INDIVIDUAL OR
MARRIED COUPLE BY BLOOD OR MARRIAeE; OR A GROUP OF NOT MORE
THAN THREE (3) UNRELATED PERSONS, IVING TOGETHER AS A SINGLE
HOUSEKEEPING UNIT IN A DWELLING UN T. "
C. Vacant one-family structures wh ch are not intended to
be let for rent.
D. Owner occupied townhouses and condominiums .
E. Hotels , motels , and other struc ures which rent rooms to
occupants who are primarily tra sient in nature, making
5
DEPARTMENT OF CODE ADMINISTRATION
use of the facilities for a period of less than 30 days .
F. One-family and two-family structures shall be exempt from
the required annual licensing inspection.
G. Structures owned by other governmental agencies and public
housing authorities are required to obtain annual licenses
but are exempt from the licensing inspection.
H. Dwellings, buildings, structures and uses licensed and
inspected by the State of Illinois or the Federal
Government, including but not limited to, nursing homes,
retirement centers, and rest homes shall be required to
obtain annual licenses but are exempt from the licensing .
inspection.
COMMENTARY: THIS SECTION DEFINES THOSE PROPERTIES WHICH ARE
EXEMPT FROM RENTAL LICENSING AND/OR INSPECTIONS. THE INTENT
OF THIS ORDINANCE IS TO LICENSE AND INSPECT RENTAL STRUCTURES
WHICH ARE PRIVATELY OWNED AND NOT ALREADY INSPECTED BY SOME
OTHER AGENCY. SPECIAL NOTE SHOULD BE MADE OF THE EXEMPTION
FOR VACANT ONE-FAMILY STRUCTURES WHICH ARE NOT INTENDED FOR
RENTAL USE. THIS IS THE ONLY SITUATION IN WHICH A VACANT
STRUCTURE IS NOT REQUIRED TO BE LICENSED IF THE CONDITION IS
PROPERLY VERIFIED AS SUCH BY THE PROPERTY OWNER AND THE
DEPARTMENT.
SECTION 5.0 LICENSE APPLICATION REQUIRED
5. 1 Every registrant for a license to maintain a residential
structure for the purpose of renting to others shall file a
written application with the Code Official stating:
6
DEPARTMENT OF CODE ADMIIISTRATION
A.' the full legal name, address, ho e and work telephone
number, and date of birth of eac and every owner or
beneficial interest of trust of he structure.
COMMENTARY: THIS INFORMATION IS NECESS • •Y TO ENSURE THAT PROPER
NOTIFICATION IS MADE ON DEPARTMENT 'ORRESPONDENCE, COMPLIANCE
ORDERS, AND COURT DOCUMENTS.
B. the legal address of the rental tructure.
COMMENTARY: THE LEGAL ADDRESS IS NEEDED TO ENSURE THAT
NOTICES OF VIOLATION ARE DIRECTED TO THE PROPER LOCATION(S)
AND FOR DETERMINATION OF LEGAL USE •EVIEWS.
C. the number of dwelling units within the rental structure.
D. in the case of a registrant or •wner who is not a
resident of the State of Illino s, the full legal name,
address, home and work telephon= number, and date of birth
of a property agent with the au 'hority for receipt of
notices/citations and authority to effect repairs mandated
by such notices/citations .
COMMENTARY: THIS INFORMATION IS NECES•ARY BECAUSE CERTAIN
PROBLEMS ARISE THAT NEED IMMEDI • E ATTENTION AND ABSENTEE
• PROPERTY OWNERS CAN NOT ALWAYS RES 'OND IN A TIMELY FASHION.
E. the total square footage design ted for living and
sleeping purposes by the PM Code.
DEPARTMENT OF CODE ADMINISTRATION
COMMENTARY: THE SQUARE FOOTAGE OF A DWELLING UNIT DETERMINES THE
MAXIMUM OCCUPANCY LEVEL OF A DWELLING UNIT. THE PM CODE SETS
DIFFERENT LIMITS FOR LIVING AND SLEEPING SPACE AND THE
OCCUPANCY OF A DWELLING UNIT IS BASED ON THE MOST STRINGENT
OF THE TWO. THIS INFORMATION IS CRUCIAL FOR CONTROLLING
OCCUPANCY, USE, AND DENSITY PROBLEMS IN THE CITY OF ELGIN.
F. other information pertinent to the structure and property
as deemed necessary by the Code Official .
COMMENTARY: WHEN THE CODE OFFICIAL DETERMINES THAT CERTAIN
INFORMATION IS NEEDED FOR THE ENFORCEMENT OF THIS ORDINANCE,
THAT INFORMATION MAY BE REQUIRED TO BE INCLUDED ON THE
LICENSE APPLICATIONS. EXAMPLES OF THIS INFORMATION WOULD
INCLUDE SUCH THINGS AS PROPERTY ZONING, LOT SIZE, NUMBER OF
EXITS, NUMBER OF SMOKE DETECTORS, SIZE AND TYPE OF STRUCTURE,
TYPE OF HEATING FACILITIES, ETC.
5.2 The Code Official will determine the maximum number of
occupants permitted in each dwelling unit based on the
occupancy standards of the PM Code.
COMMENTARY: THE PROPERTY MAINTENANCE CODE SETS OCCUPANCY LIMITS
BASED ON THE SQUARE FOOTAGE OF HABITABLE SPACE IN DWELLING
UNITS. THE CODE OFFICIAL WILL DETERMINE THE MAXIMUM NUMBER
OF OCCUPANTS FOR EACH DWELLING UNIT USING THE INFORMATION
PROVIDED ON THE APPLICATIONS AND FROM STAFF INSPECTIONS.
8
DEPARTMENT OF CODE ADMINISTRATION
SECTION 6.0 LICENSE REQUIREMENTS
6 . 1 Licenses for rental resident ' al structures shall be
issued by the Code Official on an annual basis . A license
will be issued to an applicant upo payment of all required
fees and the scheduling of a lidensing inspection, Any
license may be suspended or revoke, by the Code Official if
the owner fails to provide ac ess for the licensing
inspection or if the licensing ins ,ection reveals violations
of any city codes or ordinance- . Such suspension or
revocation may be in addition to an fines imposed.
6 .2 An inspection by the Code Official shall be scheduled
and all fees paid prior to the i -suance of a multi-family
license or renewal . A building hich receives a one year
license extension per Section 6 . 2 . will be exempt from the
renewal process the year follow ng the issuance of the
license. Inspections shall not •e required for one- and
two-family licenses .
COMMENTARY: LICENSES WILL BE ISSUED P',IOR TO LICENSING
INSPECTIONS. IF VIOLATIONS ARE OUND AT THE TIME OF THE
LICENSING INSPECTION AND ARE NOT ' ORRECTED ACCORDING TO THE
COMPLIANCE SCHEDULE, THE LICENSE WILL BE SUSPENDED. AS
STATED, WHEN THE LICENSE FEES HAVE BEEN PAID AND THE
INSPECTION HAS BEEN SCHEDULED, •r E LICENSE WILL BE ISSUED
(SUBJECT TO SUBSEQUENT SUSPENSION)
9
DEPARTMENT OF CODE ADMINISTRATION
6 .2. 1 Licensing inspections of. multi-family structures 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
will determine which dwelling unit(s) are to be inspected.
COMMENTARY: RENTAL BUILDINGS SHOULD HAVE A COMPLETE INSPECTION
WITHIN A FIVE YEAR PERIOD. AN INSPECTION OF 20% OF THE
BUILDING EACH YEAR WILL ACCOMPLISH THIS GOAL. THIS
DETERMINATION IS BASED ON NATIONALLY ACCEPTED CODE
ENFORCEMENT PRACTICES AND CURRENT CODE ENFORCEMENT STAFFING
LEVELS.
6.2.2 When an inspection of a rental property reveals
violation(s) 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 . A
compliance inspection will be conducted at the end of this
time frame.
6.2.3 If, during a licensing inspection, any dwelling unit
is determined to be unfit for human occupancy as specified in
the PM Code . an additional twenty percent (20%) of the
dwelling units in the building will be inspected. If similar
violations are oLserved in the additional dwelling units, the
entire building will be subject to inspection. All
additional dwelling units inspected will be subject to the
10
DEPARTMENT OF CODE ADMINISTRATION
dwelling unit fee as set forth in Section 7 of this
ordinance .
COMMENTARY: THE TYPES OF VIOLATIONS THAI WILL GENERATE
ADDITIONAL INSPECTIONS ARE LISTED IN SECTION PM-105.4 OF THE
PM CODE AND INCLUDE SUCH THINGS AS STRUCTURAL, ELECTRICAL,
PLUMBING, AND MECHANICAL DEFECTS ICH CAUSE THE DWELLING
UNIT TO BE UNSAFE FOR THE OC PANTS; SANITATION AND
INFESTATION PROBLEMS WHICH CREATE • ZARDOUS HEALTH PROBLEMS
FOR THE OCCUPANTS; AND ILLEGAL OC UPANCY USES WITHIN THE
DWELLING UNITS SUCH AS OVERCROWDI G AND CELLAR OCCUPANCY.
WHEN THE CODE OFFICIAL DETERMINES HAT ADDITIONAL UNITS ARE
TO BE INSPECTED, ADDITIONAL COSTS W LL BE GENERATED BY THESE
INSPECTIONS WHICH MUST BE PAID BY E PROPERTY OWNER WITHIN
THE TIME SPECIFIED OR THE LICENSE WILL BE SUSPENDED.
6.2.4 A rental residential structu e which is in TOTAL CODE
. COMPLIANCE at the time of the licensing inspection will
receive a one year extension on t e current license at no
additional charge.
6 .2 .5 Exemptions : Buildings requi , ed tc obtain a license
under Sections 6 . 5 and 6 . 6 shal be exempt from annual
license inspection requirement .
6. 3 A change in ownership and/or agent must be reported to
the Code Official within seven (7 ) working days of the
transfer of the property.
•
11
DEPARTMENT OF CODE ADMINISTRATION
6.4 Rental licenses are not transferable to another party or
succeeding owner. A new property owner shall not be required
to pay the licensing fee if the fee has already been paid for
the year the property was purchased.
COMMENTARY: WHEN A PROPERTY IS TRANSFERRED, A NEW LICENSE IS
REQUIRED WHICH MUST BE APPLIED FOR AS SPECIFIED IN SECTION
6.3. IT IS NOT THE INTENT OF THE ORDINANCE TO COLLECT FEES
WHICH ARE NOT WARRANTED, THEREFORE, IF THE SELLER HAS ALREADY
PAID THE LICENSE FEE FOR THE YEAR IN WHICH THE TRANSFER TAKES
PLACE, A NEW FEE WILL NOT BE REQUIRED FROM THE BUYER FOR THAT
YEAR.
6.5 Governmental agencies and public housing authorities
shall obtain rental licenses as required herein.
6.6 Dwellings, buildings, structures and uses licensed and
inspected by the State of Illinois or Federal Government,
including but not limited to, nursing homes , retirement
centers, and rest homes shall be required to complete a
license application as required herein.
COMMENTARY: THE INTENT OF THIS SECTION IS TO REGISTER PROPERTIES
THAT OFFER ROOMS FOR RENT ON A PERMANENT BASIS BUT ARE
ALREADY INSPECTED REGULARLY BY THE STATE OR FEDERAL
GOVERNMENT. THIS WILL EXPEDITE THE CONTACT PROCESS IF THE
DEPARTMENT IS CALLED FOR .A PROBLEP.
12
/2 DEPARTMENT OF CODE ADM NISTRATION
AP/er-'-' 11/4-2Na
1-64
;/ \ PaPIA . 0/ • PP- .1_ 7
SECTION 7 .0 FEES Sj (91r-
7 . 1 License Fee: Every rental residential building shall be
accessed a base fee of per bu lding.
COMMENTARY: THIS FEE IS DETERMINED BY TIPLYING THE CODE
ENFORCEMENT COMPOSITE HOURLY RATE BY THE AVERAGE AMOUNT OF
TIME IT TAKES TO INSPECT THE PROPERTY'S EXTERIOR, COMMON
AREAS, AND ONE DWELLING UNIT, AS WE AS ALL PROCESSING TIME.
7.2 In addition to this base fee, a dwelling unit fee of
will be added for each dw-lling unit inspected in
excess of one.
COMMENTARY: THIS AMOUNT IS ALSO DETERMINED BY MULTIPLYING THE
CODE ENFORCEMENT COMPOSITE HOURLY • •TE BY THE AVERAGE AMOUNT
OF TIME IT TAKES TO INSPECT THE 'WELLING UNITS AND PROCESS
THE PAPERWORK.
7 .3 Exemptions : The following bu ' ldings shall be exempt
from payment of the required icensing fees ;
A. buildings owned and opera •ed by other governmental
agencies and public housi g authorities .
B. building which meet the r:quirements of Section 6 . 6 .
7 .4 Addendum: All buildings hich hove paid a rental
registration fee for 1994 (under ordinance G67-89 ) and any
buildings exempted under Section 7 3 shall not be required to
13
DEPARTMENT OF CODE ADMINISTRATION
pay a licensing fee for 1994 . This addendum will be removed
from the ordinance on December 31, 1994 . Beginning in 1995,
all buildings will be subject to the fees as set forth in
this ordinance.
7.5 The number of dwelling units inspected per building will
be calculated using the following table.
Number of Dwelling Number of Dwelling
Units in Building Units to be Inspected
3 - 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
Buildings having in excess of sixty (60) units will 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 .
COMMENTARY: THE INTENT OF THIS REQUIREMENT IS TO SET A SCHEDULE
OF THE NUMBER OF DWELLING UNITS THAT WILL BE INSPECTED PER
BUILDING. IT IS ALSO THE INTENT OF THIS SECTION TO ALLOW THE
CODE OFFICIAL TO DETERMINE WHICH UNITS ARE TO BE INSPECTED SO
THAT EACH UNIT IS INSPECTED DURING THE FIVE YEAR INSPECTION
CYCLE. THE PROPERTY OWNER WILL BE NOTIFIED IN ADVANCE AS TO
WHICH UNITS WILL BE INSPECTED.
14
DEPARTMENT OF CODE ADMINI 'TRATION
7.6 Reinspection Fee: Any inspe tions made necessary
because of cited violations not being corrected at the time
of the compliance inspection will be subject to the
reinspection fees set forth in EMC 16 . ' 8 .
COMMENTARY: THIS REINSPECTION FEE APPLIES TO ALL NONCOMPLYING
PROPERTIES AND THE INTENT OF THIS SE TION IS TO INFORM THE
PROPERTY OWNER THAT THIS FEE WILL BE APPLIED TO THE RENTAL
LICENSING PROCESS.
SECTION 8 .0 LICENSE RENEWALS
8. 1 Renewal notices shall be issued •y the Code Official not
less than forty five (45) days from the expiration of the
current license.
COMMENTARY: THE DEPARTMENT WILL SEND OUT LICENSE RENEWAL NOTICES
ON OR ABOUT NOVEMBER 15TH FOR THE COM NG YEAR.
8. 2 All license renewal fees shall b- paid no later than the
expiration date on the current lic-nse. . The license fee
shall be increased by fifty percent 50% ) if not paid within
thirty ( 30) days of the expiration •ate. License renewals
which remain unpaid for more than than thirty ( 30 ) days shall
be suspended and subject to the pe alties as set forth in
Section 13 of this ordinance .
15
DEPARTMENT OF CODE ADMINISTRATION
COMMENTARY: THE LICENSE RENEWAL FEE IS DUE BY DECEMBER 31 FOR
THE UPCOMING YEAR'S LICENSE. THE RENEWAL LICENSE FEE WILL BE
INCREASED BY 50% IF IT IS NOT PAID BY JANUARY 30 EACH YEAR.
8.3 Upon receipt of the license renewalnotice for a
multi-family structure, the property owner shall contact the
Code Official to arrange for a licensing inspection. The
renewal license shall not be issued until the property
inspection has been scheduled and the associated fees have
been paid.
COMMENTARY: WHEN THE LICENSE RENEWAL NOTICE IS SENT ON OR ABOUT
NOVEMBER 15 OF EACH YEAR, THE PROPERTY OWNER MUST CONTACT THE
DEPARTMENT TO ARRANGE FOR THE LICENSING INSPECTION. THE
LICENSE FOR THE UPCOMING YEAR WILL BE ISSUED AFTER THE
INSPECTION HAS BEEN SCHEDULED AND THE FEES PAID.
SECTION 9.0 ENFORCEMENT
9. 1 It shall be the responsibility of the Code Official to
enforce the provisions of this ordinance as authorized in the
Elgin Municipal Code and the BOCA National Property
Maintenance Code as adopted and amended by the City of Elgin.
16
DEPARTMENT OF CODE ADMI ISTRATION
•
SECTION 10 .0 VIOLATIONS
10. 1 The following shall constitute violations of this
ordinance:
A. Failure of the owner(s ) of ental properties to
license such properties wit the Code Official .
B. Failure of the occupant(s ) .f rental property to
vacate such property within thirty ( 30 ) days after
receiving written notice fr.m the Code Official that
such property is not proper y licensed or that the
license has been revoked.
COMMENTARY: A RENTAL BUILDING THAT IS JOT PROPERLY LICENSED IS
CONSIDERED UNLAWFUL. THE PM CODE STATES THAT IT IS ILLEGAL
TO OCCUPY AN UNLAWFUL BUILDING THE•EFORE ALL OCCUPANTS WILL
BE ORDERED TO VACATE.
C. Failure of the owner(s) of lental property to vacate
all occupants from such promerty within thirty ( 30 )
days after the license has seen revoked.
COMMENTARY: A RENTAL BUILDING THAT IS NOT PROPERLY LICENSED IS
CONSIDERED UNLAWFUL. THE PM CODE STATES THAT IT IS ILLEGAL
TO ALLOW THE OCCUPANCY OF A BUILDI G DECLARED UNLAWFUL.
D. Failure of the owner(s ) of rental property to
maintain the structure and premises in compliance
with applicable building, •roperty maintenance and
17
DEPARTMENT OF CODE ADMINISTRATION •
zoning ordinances .
SECTION 11.0 LICENSE SUSPENSIONS AND REVOCATIONS
11. 1 When inspection of a property covered by this ordinance
reveals a violation or violations of applicable codes adopted
by the City of Elgin, a written notice shall be issued to the
registered owner/agent. Such notice shall list the
violations and identify compliance time frame(s) . The notice
of violation shall state that if the compliance time frame(s )
are not met, the license will be suspended.
11.2 A compliance inspection shall be conducted at the end
of the time frame(s) given for compliance. If the cited
violations have not been corrected or an approved time
extension granted, the license will be suspended.
COMMENTARY: IT IS THE RESPONSIBILITY OF THE PROPERTY OWNER TO
MAKE A PROPER REQUEST FOR A TIME EXTENSION. IF CITED
VIOLATIONS ARE NOT CORRECTED AT THE TIME OF THE COMPLIANCE
INSPECTION, THE LICENSE WILL BE SUSPENDED AUTOMATICALLY.
11.3 When a license is to be suspended or revoked, notice
shall be issued to the owner of record.
COMMENTARY: SUSPENSION AND REVOCATION NOTICES WILL BE SENT
CERTIFIED RETURN RECEIPT REQUESTED. HOWEVER, THE SUSPENSION
OR REVOCATION WILL TAKE EFFECT AT THE TIME OF THE INSPECTION.
18
DEPARTMENT OF CODE ADMI ISTRATION
11:4 It is unlawful to occupy any vacant dwelling unit( s ) in
a building whose license is under su-pension. Further, it is
unlawful to reoccupy any dwelling uit(s ) that become vacant
during the time a building is under -uspension.
COMMENTARY: THE INTENT OF THIS SECTION IS TO CONTROL THE USE OF
PROPERTIES THAT ARE UNDER SUSPENSION. THIS SECTION WILL
PROHIBIT VACANT DWELLING UNITS IN SUSPENDED BUILDINGS FROM
BEING OCCUPIED UNTIL OUTSTANDING CODE VIOLATIONS HAVE BEEN
ADDRESSED. VIOLATIONS OF THIS SEC ION WILL CAUSE A LICENSE
TO BE REVOKED IMMEDIATELY. •
11 .5 An owner may request and shall be granted a hearing on
any suspension if such request is made in writing to the
office of the Code Official within twenty ( 20) working days
of receipt of the suspension noti.e . A suspension hearing
shall be scheduled before the Prop-rty Maintenance Board of
Appeals within ten ( 10) working d-ys of receipt of a valid
request. The Property Maintenanc- Board of Appeals shall
render a decision within five ( 5) w.rking days of the hearing
which shall be final . The Board m.:y either: ( 1) immediately
revoke the license, (2 ) continue th- suspension to a definite
compliance date with revocation being the penalty for
noncompliance, or ( 3) dismiss the charges and reinstate the
license.
11.6 If, following suspension of = license, a request for a
suspension hearing has not been su•mitted within the required
time frame, the license shall be r:yoked.
19
DEPARTMENT OF CODE ADMINISTRATION
COMMENTARY: WHEN A LICENSE HAS BEEN SUSPENDED, THE PROPERTY
OWNER IS RESPONSIBLE FOR EITHER COMPLYING WITH THE VIOLATION
NOTICE OR REQUESTING A HEARING WITHIN THE REQUIRED TIME FRAME
LISTED IN SECTION 11.5. FAILURE TO DO THIS WILL RESULT IN
IMMEDIATE REVOCATION OF THE LICENSE.
11.7 A reinspection to determine compliance can be requested
at any time prior to the hearing before the Board of Appeals .
If, upon reinspection, it is determined by the Code Official
that the violations cited in the notice have been corrected,
the suspended license shall be reinstated.
COMMENTARY: IF DURING THE TIME A LICENSE IS UNDER SUSPENSION THE
PROPERTY OWNER CORRECTS ALL CITED VIOLATIONS, AN INSPECTION
CAN BE REQUESTED AND, IF THE CORRECTIONS HAVE BEEN MADE AND
APPROVED, THE LICENSE WILL BE REINSTATED.
11.8 If a rental property owner is convicted by a court of a
violation of an applicable code, the license shall be subject
to revocation without further notice.
COMMENTARY: APPLICABLE CODES ARE ANY CODES WHICH ADDRESS THE
OCCUPANCY, MAINTENANCE, OR USE OF PROPERTY. THESE CODES MAY
BE LOCAL, STATE , OR FEDERAL.
11.9 In the event an emergency situation or condition exists
at a rental property which is extremely hazardous to the
health or safety of the occupants or the public as stated in
20
DEPARTMENT OF CODE ADMINIS RATION
Section PM-108 of the PM Code and the property owner does not
take immediate action to correct th: violation, the Code
Official may revoke the license.
COMMENTARY: SECTION 108 OF THE PROPERTY • INTENANCE CODE
AUTHORIZES THE CODE OFFICIAL TO T. ,E NECESSARY STEPS TO
CORRECT VIOLATIONS THAT POSE AN I ' EDIATE THREAT TO THE
HEALTH OR SAFETY OF OCCUPANTS OR THE G NERAL PUBLIC SUCH AS A
BUILDING IN IMMEDIATE DANGER OF FAI URE OR COLLAPSE OR A
BUILDING WHERE THERE IS ACTUAL OR PITENTIAL DANGER TO THE
OCCUPANTS AND PUBLIC BECAUSE OF EXPLoSIVES, EXPLOSIVE FUMES
OR VAPORS OR THE PRESENCE OF TOXIC S, GASES OR MATERIALS
OR THE USE OF DEFECTIVE OR DANGEROUS 3QUIPMENT. AS A PART OF
THIS AUT}I RITY, IT IS THE INTENT OF HIS ORDINANCE TO ALLOW
THE CODE OFFICIAL TO REVOKE A LICEN'E TO ASSIST IN GETTING
THE HAZARDOUS SITUATION CORRECTED.
11. 10 Each day a building contin es to operate after a
license has been revoked shall constitute a separate
violation of this code and be subject to the penalties listed
in Chapter 1 . 20 of the Elgin Municipal Code.
COMMENTARY: WHEN A LICENSE HAS BEEN REVOKED, IT IS UNLAWFUL TO
ALLOW CONTINUED OCCUPANCY OF THAT BUILDING UNTIL A NEW
LICENSE HAS BEEN ISSUED.
11. . 1 A license which has ben revoked can not be
reinstated. A new license shal be issued after all
violations have been corrected and a•plicable fees paid.
21
DEPARTMENT OF CODE ADMINISTRATION
COMMENTARY: WHEN THE ISSUES WHICH CAUSED A LICENSE TO BE
REVOKED HAVE BEEN CORRECTED, A NEW LICENSE WILL BE ISSUED.
ALL OF THE REQUIREMENTS FOR OBTAINING A NEW LICENSE MUST BE
MET INCLUDING THE PAYMENT OF THE LICENSE FEES. THESE FEES
ARE DUE EVEN IF LICENSE FEES HAD BEEN PAID THE YEAR PRIOR TO
THE LICENSE BEING SUSPENDED. •
SECTION 12 .0 PENALTIES
12. 1 Penalties imposed for violations of this chapter shall
be as provided in Chapter 1 .20 of the Elgin Municipal Code .
COMMENTARY: THE PENALTIES INCLUDED IN CHAPTER 1.20 OF THE ELGIN
MUNICIPAL CODE INCLUDE DAILY FINES OF NOT LESS THAN $50 NOR
MORE THAN $500 FOR EACH VIOLATION AND FOR EACH DAY THE
VIOLATION EXISTS. THESE FINES CAN BE CHARGED TO PROPERTY
OWNERS AND/OR TENANTS DEPENDING UPON THE CODE SECTION CITED.
THIS CHAPTER ALSO EMPOWERS THE DEPARTMENT TO ISSUE $25.00
ADMINISTRATIVE CITATIONS FOR VIOLATIONS OF APPLICABLE CODES.
THESE CITATIONS ARE IN ADDITION TO THE ABOVE MENTIONED FINES.
SECTION 13.0 OWNER RESPONSIBILITY
13. 1 The owner shall maintain a record for each structure
with the furl legal names and birth dates of every tenant in
each dwelling unit.
22
•
DEPARTMENT OF CODE ADMINISTRATION
COMMENTARY: THIS INFORMATION WILL BE USD' BY THE CODE OFFICIAL
WHEN VIOLATIONS ARE OBSERVED WHICH A•E THE RESPONSIBILITY OF
THE TENANT AND PROPER NOTICE AND/OR •ITATIONS MUST BE ISSUED.
13.2 The owner shall provide each enant with the name and
telephone number of a responsible person who, in emergency
situations, will be available on = twenty-four ( 24 ) hour
basis and has the authority to make epairs as needed.
COMMENTARY: THIS "RESPONSIBLE PERSON" • Y BE THE PROPERTY OWNER
IF THE OWNER IS THE PERSON WHO •ERSONALLY MAINTAINS THE
PROPERTY OR IT MAY BE THE NAME OF A • AGEMENT COMPANY IF THE
PROPERTY OWNER DOES NOT DO NORMAL • INTENANCE. IT MAY ALSO BE
THE NAME OF SOME OTHER LOCAL INDIVIDUAL IF THE PROPERTY OWNER
DOES NOT LIVE IN THE AREA.
13.3 The owner shall inform the tenant in writing, prior to
occupancy, of the maximum number of persons allowable by the
occupancy standards of the PM Codi- . This number shall be
determined by the Code Official
COMMENTARY: THE NUMBER OF ALLOWABLE OC UPANTS WILL BE DETERMINED
BY THE INFORMATION SUPPLIED ON TH LICENSE APPLICATION AND
VERIFIED BY ON-SITE INSPECTIONS. THIS NUMBER WILL BE GIVEN
TO THE OWNER AS SOON AS IT IS DETERMINED. THE OWNER MUST
THEN INFORM ALL TENANTS, IN WRITING, OF THIS OCCUPANCY LIMIT.
23
DEPARTMENT OF CODE ADMINISTRATION
13.4 The owner shall make available to the Code Official on
request, occupant records required to be maintained by the
property owner.
SECTION 14 .0 CONFLICTING ORDINANCES
14 . 1 All ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
SECTION 15.0 EFFECTIVE DATE
15. 1 This ordinance shall be in full force and effect
from and after its passage and publication in the manner
provided by law.
GENERAL COMMENTARY: A NUMBER OF CODES ARE REFERRED TO THROUGHOUT
THIS ORDINANCE. THESE CODES ARE ON FILE IN THE OFFICES OF THE
CITY CLERK AND DEPARTMENT OF CODE ADMINISTRATION AND CAN BE
REVIEWED DURING NORMAL WORKING HOURS. THE SPECIFIC CODE SECTIONS
WHICH HAVE A DIRECT IMPACT ON THE ENFORCEMENT OF THIS ORDINANCE
ARE LISTED HERE AND INCLUDE BUT ARE NOT LIMITED TO;
ELGIN MUNICIPAL CODE
CHAPTER 1.20 "CITATIONS"
CHAPTER 9. 16 "WEEDS"
24
DEPARTMENT OF CODE ADMINISTRATION
CHAPTER 9. 24 "GARBAGE STORAGE"
CHAPTER 9. 36 "JUNK AND DEBRIS"
CHAPTER 16. 04 "BUILDING CODE"
CHAPTER 16. 12 "PROPERTY MAINTENANCE CODE'
CHAPTER 16.20 "PLUMBING CODE"
CHAPTER 16 .24 "ELECTRICAL CODE"
CHAPTER 16. 28 "FIRE PREVENTION CODE"
CHAPTER 16. 32 "HVAC CODE"
CHAPTER 19. 10 "LAND USE"
CHAPTER 19. 15 "PRESERVATION DISTRICTS"
CHAPTER 19. 20 "CONSERVATION DISTRICTS"
CHAPTER 19.25 "RESIDENCE DISTRICTS"
CHAPTER 19. 45 "OFF-STREET PARKING"
CHAPTER 19. 52 "NONCONFORMING USES"
CHAPTER 19. 90 "SUPPLEMENTARY REGULATION' "
CHAPTER 20 "HISTORIC PRESERVATION"
ILLINOIS REVISED STAT STATUTES
CHAPTER 111 } "LEAD POISONING ACT"
CHAPTER 127 } "SMOKE DETECTOR ACT"
CHAPTER 38 "CRIMINAL HOUSING MANAGDIMENT"
25