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G48-00 (2)Ordinance No . G48-00 AN ORDINANCE TO PROVIDE FOR THE LICENSING AND INSPECTION OF RENTAL RESIDENTIAL PROPERTY WHEREAS, the City Council of the City of Elgin has determined it is necessary and desirable to provide for the licensing and inspection of rental residential properties within the city; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII , Section 6A of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the licensing and inspection of rental residential property pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 6 . 37 entitled Rental Residential Property" of the Elgin Municipal Code, 1976, as amended, be and is hereby amended to read as follows : Chapter 6 . 37 RENTAL RESIDENTIAL PROPERTY 6 . 37 . 010 PURPOSE . The purpose of this chapter is to provide for the licensing and inspection of rental residential property so as to protect the public health, safety and welfare of the people of the city including: A. To protect the public health and safety by insuring rental units comply with minimum housing standards of city ordinances . B. To protect the character and stability of residential areas . C. To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well being of persons occupying dwellings . D. To prevent the overcrowding of dwellings by requiring compliance with minimum space standards per occupant for each dwelling unit . E. To facilitate the enforcement of minimum standards for the maintenance of existing residential buildings and thus to prevent slums and blight . F. To preserve the value of land and buildings throughout the city. 6 . 37 . 020 PROVISION OF INSPECTION RIGHTS AND PENALTIES . This chapter shall not be construed as to restrict the right of this city to inspect any property nor to seek penalties for violations of other provisions of this code . 6 . 37 . 030 DEFINITIONS . A. Bed and Breakfast Inn means a single family dwelling or portion thereof where rooms without cooking facilities for the occupancy of temporary guests are provided at a daily rate of compensation for a maximum of seven consecutive days, and where meals are provided for compensation in contradistinction to a hotel, a motel or a rooming house which are separately defined within this eft chapter. B. Code Official means the Community Development Manager or designee . C. Department means the Department of Code Administration and Development Services . D. Dwelling means a building, or portion thereof, used exclusively for human habitation. E. Dwelling Unit means one or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed, occupied or intended for use by one household. F. Hotel means a building in which lodging with accompanying bathrooms are provided and offered to temporary guests for compensation and in which ingress and egress to all rooms is provided through an interior lobby or office supervised by a person in charge at all hours . Maid service, linen laundering, telephone and secretarial or desk service are also provided for lodgers in contradistinction to a motel, a rooming house or a bed and breakfast inn which are separately defined within this chapter. G. Motel means a building or group of buildings in which lodging rooms with accompanying bathrooms are provided and offered primarily to temporary guests for compensation in contradistinction to a hotel, a rooming house or a bed and breakfast inn which are separately defined within this chapter. A motel also furnishes services such as maid service and linen laundering and provides secretarial and desk service. H. Multiple Family Rental Residential Property means rental residential property with two or more dwelling units . I . Property Agent means a person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the code official to manage a rental residential property including the authority to receive notices or citations. J. Rental Residential Property means dwellings, dwelling units, rooming houses and rooming units let or intended to be let for rent or lease . K. Rooming House means a building containing rooming units in which meals may or may not be served in contradistinction to a hotel or motel or bed and breakfast inn which are separately defined within this chapter. L. Rooming Unit means a room rented or leased as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping facilities shall be counted as one rooming unit for the purpose of this chapter. M. Single Family Rental Residential Property means rental residential property with one dwelling unit . N. Tenant means an occupant of rental residential property. 0. Words or phrases as used in this chapter and not herein defined shall be defined as provided by Title 16, Chapter 16 . 04 and Chapter 16 .20 of this code, as amended. 6 . 37 . 040 LICENSE REQUIRED. A. It is unlawful for any person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within the city a rental residential property whether vacant or not without first obtaining a license as provided in this chapter. B. It is unlawful for a person to occupy a rental residential property, or for any owner or property agent to allow anyone to occupy a rental residential property which is not licensed as provided in this chapter. C . It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any vacant dwelling unit or rooming unit or any dwelling unit or rooming unit that becomes vacant in a rental residential property for which a license is under suspension. D. This chapter shall not apply to the following structures : 1 . Single family owner occupied dwellings . 2 . Single family dwellings occupied by a member of the owner ' s family. 3 . Single family dwellings which are vacant but which are not intended to be let for rent . 4 . Townhouse and condominium owner occupied dwellings . 5 . Hotels, motels and bed and breakfast inns . 6 . Dwellings, buildings, structures and uses licensed and inspected by the State or the federal government, including but not limited to, nursing homes, retirement centers, rest homes, etc . 7 . Dwellings, buildings, structures and uses owned by other governmental agencies and public housing authorities . 8 . Multiple family rental residential property in which each dwelling unit is occupied by a record owner of the property. E. A license for a rental residential property cannot be transferred to another rental residential property nor a succeeding owner. 6 . 37 . 050 LICENSE APPLICATION. A. Each applicant for a license or renewal license to maintain a rental residential property for the purpose of renting it to others or for the purpose of allowing others to occupy it as a dwelling unit or a rooming unit shall file a written application with the code official stating: 1 . The full legal name, address, and home and work telephone numbers of each and every owner of the rental residential property. 2 . The address of the rental residential property. ow 3 . The number of dwelling units or rooming units within the rental residential property. 4 . In the case of a rental residential property owner l'` who is not a resident of the city, the name, address and phone number of his/her agent with authority for receipt of service or notice of a violation of the provisions of this chapter. 5 . Whenever there is a change in the ownership of a rental residential property or the owner ' s property agent, the owners shall within thirty (30) days of such changes, file an updated written notice with the code official indicating such changes . 6 . The total square footage designated for living and sleeping purposes within the rental residential property as determined by the city' s property maintenance code . 7 . Approval must be obtained from the code official prior to any change being made in the number of dwelling units or rooming units within a licensed rental residential property. Application for such change shall be made on a form provided by the code official . The code official will review the proposed change and respond to the property owner within thirty (30) days of the filing of the application. Any and all changes must meet all zoning, property maintenance code and building code requirements of this code . B. Each application for a new license or a renewal of an existing license shall be accompanied by a fee of $25 . 00 for single family dwelling rental residential properties, 50 . 00 for multiple family dwelling residential properties, and $50 . 00 for rooming house residential properties . In addition thereto, a dwelling unit and rooming unit fee of $25 . 00 will be added for each dwelling unit and rooming unit to be inspected in excess of one . All such fees shall be payable at the office of the department . Each application for a new license or a renewal license shall also be accompanied by copy or copies of the written notice or notices required under Section 6 . 37 . 100C of this chapter advising each tenant or occupant of the maximum number of persons allowable by the occupancy standards of the city' s property maintenance code . Applications for a new license shall be assigned an annual license renewal date determined by the date on which their application for a new license was filed with the city. All licenses shall expire on the day following that annual license renewal date . 6 . 37 . 060 INSPECTION REQUIREMENTS . A. All rental residential property shall be subject to an inspection as a condition to the issuance of the license . An inspection shall be scheduled with the code official t. at the time of the application for a license for a rental residential property. B. Upon receipt of a completed application for a license or renewal license for a rental residential property, including the payment of all required fees and the scheduling of a required licensing inspection, the code official shall issue a license . C. Licensing inspections of rental residential property shall be conducted not less than ninety (90) days from the issuance of an initial license or renewal license. The licensing inspection shall determine whether the rental residential property is in conformance with the city' s zoning ordinance and all other applicable provisions of this code . The licensing inspection shall also include a physical inspection of the rental residential property including the building exterior, common areas, basement, and twenty percent (20%) of both the individual dwelling units and rooming units, when applicable, with a minimum of at least one dwelling unit and rooming unit, when applicable. The code official or his designee will determine which dwelling units and rooming units are to be inspected. eft. D. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the code official . In establishing a compliance time frame, the code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations . The code official shall send notice to the property owner or the listed property agent by regular U. S . mail at the last address provided on the most recent license application.Said notice shall include the following: 1 . Description of the property sufficient for identification; 2 . A statement listing the violations of applicable codes; 3 . A statement of the date upon which the licensing re-inspection will occur; and 4 . An explanation that if upon completion of the licensing re-inspection that the requirements of applicable City codes have not been met, a written denial of the license application revoking the temporary certificate will be issued. E. A licensing re-inspection will be conducted at the end of the compliance time frame . The license shall remain in effect upon the successful completion of a licensing re-inspection that determines the rental residential property meets the requirements of applicable city codes . If the code official finds that the requirements of applicable city codes have not been met, or that any information provided in the license application is false, the license shall be suspended or revoked in accordance with section 6 . 37 . 090 of this chapter. F. A rental residential property which is in total compliance at the time of the licensing inspection shall receive a one year extension of the license at no additional charge and with no additional inspections being required. G. If during a licensing inspection any dwelling unit or rooming unit is determined to be unfit for human occupancy as determined under the city' s property maintenance code, an additional twenty percent (20%) of the dwelling units and rooming units in the subject rental residential property shall be inspected. If similar violations are observed in the additional dwelling units and rooming units, the entire rental residential property will be subject to inspection. All additional dwelling units and rooming units inspected shall be subject to the dwelling unit and rooming unit fee as set forth in Section 6 . 37 . 050B of this ordinance . H. The number of dwelling units and rooming units to be inspected per rental residential property shall be calculated using the following tables : Number of Dwelling Units Number of Dwelling Units on Property to be Inspected 2-5 1 6-10 2 11-15 3 16-20 4 21-25 5 26-30 6 31-35 7 36-40 8 41-45 9 46-50 10 Properties having in excess of fifty (50) dwelling units shall have the number of dwelling units to be inspected calculated at twenty percent (20%) of the total number of dwelling units . The dwelling units to be inspected shall be selected by the code official . e., Number of Rooming Units Number of Rooming Units on Property to be Inspected 2-5 1 6-10 2 11-15 3 16-20 4 21-25 5 26-30 6 31-35 7 36-40 8 41-45 9 46-50 10 Properties having in excess of fifty (50) rooming units shall have the number of rooming units to be inspected calculated at twenty percent (20%) of the total number of rooming units . The rooming units to be inspected shall be selected by the code official . Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact . 6 . 37 . 070 ENFORCEMENT. It shall be the duty of the department to enforce the provisions of this chapter as authorized by the Elgin Municipal Code and the property maintenance code as adopted and amended by the city. 6 . 37 . 080 VIOLATIONS . The following shall constitute violations of this chapter: A. Failure of the owner or owners of the rental residential property to license such property with the code official . B. Failure of the occupants of the rental residential property to vacate such property within sixty (60) days after receiving notice from the code official that such property is not properly licensed or that the license or temporary certificate has been revoked. C. Failure of the owner of the rental residential property to vacate all tenants from said property within sixty 60) days after the license or temporary certificate has been revoked. D. Failure of the owners of the rental residential property to maintain the structure and premises in compliance with applicable building, property maintenance and zoning ordinances . E. Any person other than an inspector from the department elk who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the code official shall be liable for the penalties provided for by this chapter. F. Failure of the owner of the rental residential property to comply with any other applicable provision of this chapter or this Code . 6 . 37 . 090 LICENSE-SUSPENSION AND REVOCATION. A. A license may be suspended when violations of applicable city codes have been identified by the department and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations, but has failed to do so. A license may also be suspended when any information provided in the license application is determined by the code official to be false . B. When an inspection of a licensed rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the code official using the standard as set forth in Section 6 . 37 . 060E. The code official shall send notice to the property owner ow or the listed property agent by regular U. S . mail at the last address provided on the most recent license application. Said notice shall include the following: 1 . Description of the rental residential property sufficient for identification; 2 . A statement listing the violations of applicable codes; 3 . A statement on the date upon which a reinspection will occur; and 4 . An explanation that if upon completion of the reinspection that the requirements of applicable city codes have not been met, that the license for the rental residential property will be suspended. C. A reinspection will be conducted at the end of the compliance time frame . If the code official finds that the requirements of applicable city codes have not been met upon the completion of such reinspection, the license for the rental residential property shall be suspended. D. When a license is suspended, the code official shall send notice to the property owner or the listed property agent elm at the last address provided on the most recent license application.Said notice shall be sent by certified mail, return receipt requested, or personally served upon the property owner or the property agent listed on the most recent license application. The notice shall include the following: 1 . Description of the property sufficient for identification; 2 . A statement of the reasons for the suspension; 3 . An explanation of the property owners right to appeal the suspension; 4 . If the property owner changes his address or changes property agents and fails to notify the department, such notice shall be sufficient if sent by certified mail to the owner or his property agents last address as provided on the last license application. E . A property owner whose license has been suspended may request a reinspection prior to revocation. If, upon reinspection, the department finds that the licensed rental residential property in connection with which the notice was issued is now in compliance with this chapter, the code official may reinstate the license . The request for a reinspection shall not stay the revocation of the license unless the code official grants such request pursuant to a showing of good cause by the property owner. F. Any person whose license has been suspended shall be entitled to appeal the suspension by filing a petition as set forth in Chapter 16 . 12 of this code with the appeals board vested with the authority for considering any such petition. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal . A hearing shall be scheduled in accordance with the provisions of this code and the rules and regulation of the appeals board. The appeals board considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license . The appeals board shall render a decision in accordance with the provisions of this code and its rules and regulations . G. A license may be revoked when a petition for appeal has not been filed within twenty (20) days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal . A license may also be revoked when in the opinion of the code official emergency conditions exist in a rental residential property that require the immediate vacating of a structure as specified in the city' s property maintenance code . H. A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter, including the payment of all applicable fees . I . If a license is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to Subsection F of this section.Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal . J. Whenever a license is revoked, the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail , return receipt requested.The code official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure . The notice to the tenants and occupants shall include the following : 1 . You are hereby notified that the license for this structure has been revoked pursuant to Chapter 6 . 37 of the Elgin Municipal Code . 2 . You must vacate this structure within sixty (60) days of the date of this notice . 3 . If you fail to vacate this structure, you will be in violation of Chapter 6 . 37 of the Elgin Municipal Code and subject to penalties of fines with a minimum of $50 . 00 and a maximum of $500 . 00 for each day you are in violation. Any tenant of the rental residential property may appeal the revocation of the license. Said appeal shall conform with subsection F of this section. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal . K. Whenever an owner or property agent of a rental residential property fails to license said property with the department, the code official shall notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential property indicating the following: 1 . You are hereby notified that the owner or agent of this structure has failed to license this rental residential property with the department in violation of Chapter 6 . 37 of the Elgin Municipal Code . 2 . You must vacate this structure within sixty (60) days of this notice . 3 . If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of 50 . 00 and a maximum of $500 . 00 for each day you are in violation. Any tenant of the rental residential property may appeal the code officials order to vacate the structure because the owner has failed to license said property with the department . Said appeal shall conform with subsection F of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the appeals board renders a decision on the appeal . 6 . 37 . 100 OWNER RESPONSIBILITY. A. The owner of a rental residential property shall maintain a record for each property with the full legal names of every tenant or occupant residing in each dwelling unit or rooming unit . B. The owner or property agent of a rental residential property shall provide each tenant or occupant with the name and telephone number of a responsible person who, in emergency situations, will be available on a 24 hour basis and who has the authority to make repairs as needed. The owner shall also cause said information to be posted and maintained within the main entryway of every rental residential structure . C. The owner of a rental residential property shall inform each tenant or occupant in writing, prior to occupancy, of the maximum number of persons allowable by the occupancy standards of the city' s property maintenance code .This number shall be determined by the code official . D. The owner of a rental residential property shall make available to the code official upon request, the tenant and occupant records required to be maintained under this section. 6 . 37 . 110 INSPECTION ACCESS . If any owner, property agent, tenant, occupant or other person in control of a rental residential property or a dwelling unit or a rooming unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit or rooming unit under his control for any inspection pursuant to this ordinance, the code official or his designee may apply to the Circuit Court for a search warrant or other appropriate court order authorizing such inspections . 6 . 37 . 120 NO EFFECT ON LEASES . This chapter is not intended to and does not affect the rights and obligations of the parties to a lease, oral or written, of a rental residential property. 6 . 37 . 130 PENALTY FOR VIOLATION. Any person, firm or corporation violating any of the provisions of this chapter, in addition to other legal and equitable remedies available to the city, shall be fined as provided in Chapter 1 .20 of this code . Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense . 6 . 37 . 140 SEVERABILITY If any provision, clause, sentence, paragraph, section, or part of this chapter or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the e remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such unconstitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been included. " Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordi n be and are hereby repealed. Ed chock,c Mayor Presented: August 9, 2000 Passed: August 9, 2000 Omnibus Vote : Yeas 7 Nays 0 Recorded: August 10, 2000 Published: Attest : Dolonna Mecum, City Clerk