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G48-00 (3) Ordinance No. G48-00 AN ORDINANCE TO PROVIDE FOR THE LICENSING AND INSPECTION OF RENTAL RESIDENTIAL PROP:RTY 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 re•.idential 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 exe cise any power and perform any function pertaining to its go ernment and affairs; and WHEREAS, the licensing and inspection of rental residential property pertains to the gove , nment and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY TH1 CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 6 . 37 entitled "Rental Residential Property" of the Elgin Muni. ipal Code, 1976, as amended, be and is hereby amended to read -s follows : "Chapter 6 . 37 RENTAL RESIDENTIAL PRO'ERTY 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 elfare of the people of the city including: A. To protect the public health and safety by insuring rental units comply with minimum sousing standards of city ordinances . B. To protect the character and sta.ility of residential areas . C. To correct and prevent housing conditions that adversely affect or are likely to adverse y affect the life, safety, general welfare and he.: lth, including the physical, mental and social well being of persons occupying dwellings . D. To prevent the overcrowding of dwe lings by requiring compliance with minimum space standar.s per occupant for each dwelling unit . E . To facilitate the enforcement of mi imum standards for the maintenance of existing reside tial 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 AN.. 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 provisio s 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 - 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 chapter. B. Code Official means the Community De elopment Manager or designee . C. Department means the Department of Code Administration and Development Services . D. Dwelling means a building, or po tion thereof, used exclusively for human habitation. E. Dwelling Unit means one or mor- rooms containing individualized cooking, sleeping ano 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 ingre.s and egress to all rooms is provided through an intedior lobby or office supervised by a person in charge at all hours . Maid service, linen laundering, telephones and secretarial or desk service are also provide, 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 ol buildings in which lodging rooms with accompanying bathrooms are provided and offered primarily to temporary guests for compensation in contradistinction t. a hotel, a rooming house or a bed and breakfast inn hich are separately defined within this chapter. A m.tel also furnishes services such as maid service and Linen laundering and provides secretarial and desk service . H. Multiple Family Rental Residential Droperty means rental residential property with two or more dwelling units . I . Property Agent means a person, operator, firm, partnership, corporation, or ocher legal entity designated in writing by the properly owner to the code official to manage a rental esidential property including the authority to receive no ices or citations . J. Rental Residential Property means dwellings, dwelling units, rooming houses and rooming u its 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 lot 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 o 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 hapter. M. Single Family Rental Residential P operty means rental residential property with one dwelling unit . N. Tenant means an occupant of rental re.idential property. 0. Words or phrases as used in this c apter 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 with.ut first obtaining a license as provided in this chapter. B. It is unlawful for a person t. occupy a rental residential property, or for any ow er 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 whish 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 occupi-d by a member of the owner ' s family. 3 . Single family dwellings which are vacant but which are not intended to be let for ent . 4 . Townhouse and condominium owner occupied dwellings . 5 . Hotels, motels and bed and bre-kfast 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 resident al 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 proper y for the purpose of renting it to others or for the purpose of allowing others to occupy it as a dwelling u it or a rooming unit shall file a written application wi h 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 reside tial property. 3 . The number of dwelling units or rooming units within the rental residential property. 4 . In the case of a rental resid:ntial property owner who is not a resident of the ci y, the name, address and phone number of his/her agent with authority for receipt of service or notice ol 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 suc changes . 6 . The total square footage desigiated for living and sleeping purposes within the rental residential property as determined by he city' s property maintenance code . 7 . Approval must be obtained fro the code official prior to any change being mase in the number of dwelling units or rooming uni s within a licensed rental residential property. 'application for such change shall be made on a form provided by the code official . The code offici.l will review the proposed change and respond t. the property owner within thirty (30) days of the filing of the application. Any and all ch.:nges must meet all zoning, property maintenance cose and building code requirements of this code . B. Each application for a new license or a renewal of an existing license shall be accompanies by a fee of $25 . 00 for single family dwelling rental residential properties, $50 . 00 for multip e family dwelling residential properties, and $50 . 00 for rooming house residential properties . In additio thereto, a dwelling unit and rooming unit fee of $25 . 01 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 asplication for a new license or a renewal license shall a so be accompanied by copy or copies of the written notic: or notices required under Section 6 . 37 . 100C of this ciapter advising each tenant or occupant of the maximu number of persons allowable by the occupancy standards of the city' s property maintenance code . Applicati.ns for a new license shall be assigned an annual li ense 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 a nual license renewal date . 6 . 37 . 060 INSPECTION REQUIREMENTS . A. All rental residential property shall be subject to an inspection as a condition to the iss 'ance of the license . An inspection shall be scheduled wi h the code official 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 r-sidential property, including the payment of all req ired fees and the scheduling of a required licensing inspection, the code official shall issue a license . C. Licensing inspections of rental esidential property shall be conducted not less than ninety (90) days from the issuance of an initial license or renewal license . The licensing inspection shall de ermine whether the rental residential property is in onformance with the city' s zoning ordinance and al other applicable provisions of this code . The licensing inspection shall also include a physical inspect on of the rental residential property including the building exterior, common areas, basement, and twenty oercent (20%) of both the individual dwelling units and rooming units, when applicable, with a minimum of at le. st 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. D. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set b, the code official . In establishing a compliance ti e frame, the code official shall determine the reasonable minimal time necessary to correct the violations oased upon the number and severity of the violations . Thi code official shall send notice to the property owner od the listed property agent by regular U. S . mail at the ast address provided on the most recent license applic.:tion. Said notice shall include the following: 1 . Description of the properly sufficient for identification; 2 . A statement listing the viol-tions 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 he requirements of applicable City codes have not been met, a written denial of the license application revoking the temporary certificate will be is_ued. E . A licensing re-inspection will be co ducted at the end of the compliance time frame . The lic-nse shall remain in effect upon the successful completion of a licensing re-inspection that determines th rental residential property meets the requirements of applicable city codes . If the code official finds 'hat the requirements of applicable city codes have not b-en met, or that any information provided in the license application is false, the license shall be suspe ded or revoked in accordance with section 6 . 37 . 090 of t is chapter. F . A rental residential property hich is in total compliance at the time of the licen-ing inspection shall receive a one year extension of the license at no additional charge and with no ad.itional inspections being required. G. If during a licensing inspection a' y dwelling unit or rooming unit is determined to be unfit for human occupancy as determined under t e city' s property maintenance code, an additional twe ty percent (20%) of the dwelling units and rooming u its 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 roo ing units inspected shall be subject to the dwelling u it and rooming unit fee as set forth in Section 6 . 37 . 050B of this ordinance . H. The number of dwelling units and ooming units to be inspected per rental residential property shall be calculated using the following tables : Number of Dwelling Units Number of 'welling Units on Property to be inspected 2-5 1 6-10 P 11-15 : 16-20 21-25 26-30 31-35 36-40 : 41-45 46-50 11 Properties having in excess of fifty (50) dwelling units shall have the number of dwelling un is to be inspected calculated at twenty percent (20%) of the total number of dwelling units . The dwelling units to .e inspected shall be selected by the code official . Number of Rooming Units Number of •ooming Units on Property to be inspected 2-5 1 6-10 . 11-15 : 16-20 21-25 • 26-30 • 31-35 36-40 : 41-45 46-50 1. Properties having in excess of fift, (50) rooming units shall have the number of rooming un' ts to be inspected calculated at twenty percent (20%) of the total number of rooming units . The rooming units to b- inspected shall be selected by the code official . Applications for license renewals s all be made in the same manner as for new applications except that such applications shall state thereon such fac . 6 . 37 . 070 ENFORCEMENT. It shall be the duty of the depar.ment to enforce the provisions of this chapter as autho ized by the Elgin Municipal Code and the property mainte ance 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 t e rental residential property to license such property wit the code official . B. Failure of the occupants of the rental residential property to vacate such property wi hin sixty (60) days after receiving notice from the cod- official that such property is not properly licensed o that the license or temporary certificate has been revoke. . C. Failure of the owner of the rental residential property to vacate all tenants from said p operty within sixty (60) days after the license or temp.rary 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 mai 'tenance and zoning ordinances . E. Any person other than an inspector from the department who removes or defaces any notices w ich have been posted pursuant to this chapter without the approval of the code official shall be liable for the pei alties provided for by this chapter. F. Failure of the owner of the rental residential property to comply with any other applicabl- provision of this chapter or this Code . 6 . 37 . 090 LICENSE-SUSPENSION AND REVOCATIO1 . A. A license may be suspended when violations of applicable city codes have been identified by tie department and the property owner has been properl notified of the violations and given a reasonable pediod of time in which to correct violations, but has failed to do so. A license may also be suspended w en 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 •y the code official using the standard as set forth i Section 6 . 37 . 060E. The code official shall send notice do the property owner or the listed property agent by reg lar U. S . mail at the last address provided on the m.st recent license application. Said notice shall incluee the following: 1 . Description of the rental residential property sufficient for identification; 2 . A statement listing the viol.tions of applicable codes; 3 . A statement on the date upon hich a reinspection will occur; and 4 . An explanation that if upon completion of the reinspection that the require' ents of applicable city codes have not been met, hat the license for the rental residential property ill 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 rein..pection, the license for the rental residential property s all be suspended. D. When a license is suspended, the cod: official shall send notice to the property owner or the isted property agent at the last address provided on the most recent license application. Said notice shall b: 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 tie suspension; 3 . An explanation of the properly owners right to appeal the suspension; 4 . If the property owner changes h' s 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 re ocation. If, upon reinspection, the department finds that the licensed rental residential property in conne tion with which the notice was issued is now in compliance with this chapter, the code official may reinstate the icense . The request for a reinspection shall not stay t e revocation of the license unless the code official grants such request pursuant to a showing of good cause b, the property owner. F. Any person whose license has been suspended shall be entitled to appeal the suspension .y filing a petition as set forth in Chapter 16 . 12 of this code with the appeals board vested with the autho. ity 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 ap.eal . A hearing shall be scheduled in accordance with th= provisions of this code and the rules and regulation ol the appeals board. The appeals board considering an, such petition may immediately revoke the license, con inue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license . The appeals •oard shall render a decision in accordance with the pro isions 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) da , s following the date of issuance of an order of susp-nsion, or, if the suspension is sustained after appeal . A license may also be revoked when in the opinion ol 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 followin•; the procedures for obtaining a new license as set forth in this chapter, including the payment of all applicab e fees . I . If a license is revoked without havi g the opportunity of a suspension hearing, the property o ner has the right to appeal that revocation. Said appeal shall conform to Subsection F of this section. S ch an appeal shall operate as a stay of the revocatio 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 o 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 r:quested. 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 residen ial structure. The notice to the tenants and occupant- shall include the following: 1 . You are hereby notified that t e license for this structure has been revoked purs ant to Chapter 6 . 37 of the Elgin Municipal Code . 2 . You must vacate this structur- 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 penaltie _ 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 un. il such time as the appeals board renders a decision on the .appeal . K. Whenever an owner or property .:gent of a rental residential property fails to licens- said property with the department, the code officia shall notify all tenants and occupants of the rental residential property by posting a notice on all entr-nces to the rental residential property indicating the following: 1 . You are hereby notified that tie owner or agent of this structure has failed to license this rental residential property with he 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 stducture, you will be subject to the penalties and fi es 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 -tructure because the owner has failed to license said property with the department . Said appeal shall conform ith subsection F of this section. Such an appeal shall oper-te 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 ii 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 respo sible 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 tie 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 person-. allowable by the occupancy standards of the city' s mroperty maintenance code . This number shall be det=rmined 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 aintained under this section. 6 . 37 . 110 INSPECTION ACCESS . If any owner, property agent, tenan , 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, he code official or his designee may apply to the Circuit Court for a search warrant or other appropriate court or.er 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 lo 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 cit , shall be fined as provided in Chapter 1 . 20 of this code . : ach day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and .istinct offense . 6 . 37 . 140 SEVERABILITY If any provision, clause, sentence, paragraph, section, or part of this chapter or application hereof 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 remainder of this section and the .application of such provision to other persons or circumst.nces, 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 in olved 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 be-n included. " Section 2 . That all ordinances or p.rts of ordinances in conflict with the provisions of this o dinance be and are hereby repealed. s Ed S hock Ed Schoc' , Mayor Presented: August 9, 2000 Passed: August 9, 2000 Omnibus Vote : Yeas 7 Nays 0 Recorded: August 10 , 2000 Published: Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk r-- �� ofEL. °` ° City of Elgin Agenda Item No. r L July 18, 2000 G •�`_ TO: Mayor and Members of the City •ouncil N FROM: Joyce A. Parker, City Manager NEIGHBORHOOD VITALITY SUBJECT: Overcrowding Initiatives Inspe.tion Program for Single Family Rent-1 Homes PURPOSE The Purpose of this memorandum is to provide the Mayor and members of City Council with information on th- implementation of the inspection program for single family ental homes previously reviewed and approved by the City Counci on March 22, 2000 . BACKGROUND The Department of Code Administration an. Development Services is prepared to initiate the expanded rent-1 licensing program to include the inspection of single family rzntal homes. Chapter 6. 37 of the Elgin Municipal Code will be am:nded to accomplish this change. A copy of the proposed ordin-nce is attached. (This attachment shows the deletions and addit ons) . Over the last several years, there h•:s been an increase in occupancy-related violations in single family rental homes which are not currently required to undergo a annual inspection. The new expanded program will allow the city to monitor these properties on a regular basis instead o responding only when a complaint is received. Rental homes fo nd in compliance will be issued a one-year extension on their lic:nse. Additionally, there are several other am:ndments included to help clarify enforcement issues with the c rrent ordinance. These amendments include: 1 . Rooming Houses were added to the ordinance because they are not currently required to be licens:-d. 2 . The requirement for a temporary certificate was removed. The license will be issued at the time tie application and fee are accepted by the City. Then if cite. code violations are not corrected within the specified time rames, the license can be suspended. The current ordinance .oes not provide for the suspension of a temporary certifica e. . . Overcrowding Initiatives July 18, 2000 Page 2 3. The exemption for owner-occupied mul i-family properties was clarified to state that only those properties where the entire building is occupied by record owners will be exempted. COMMUNITY GROUPS/INTERESTED PERSONS CONT• TED None. 0/k/k_F INANCIAL IMPACT There are approximately 600 single family rental properties. With the addition of the inspection requireme t for these properties, the license fee will increase from $25 to 50. The increase in the single family license fee is required to help offset the cost of the inspection. The new fee is the same =mount that is currently charged for 2 - 5 unit multiple family dwellings . The increased fee will provide additional revenue in the amount of $15, 000 the first year, and then the amount will vary depending on how many properties are awarded a two-year licens: . r LEGAL IMPACT 1j` �'" ' None. ALTERNATIVES Leave the ordinance as it is presently a•opted. RECOMMENDATION It is recommended that the amendments to the rental license ordinance be approved as submitted. In order to provide sufficient notificat on of the new inspection requirement to property owners, it is re•ommended that the amended rental license ordinance be given an effe•tive date of September 1, 2000 . R-- •ectfuliy submitt , •yce A. P;rker City Manag-r JAP/mm r Ordinance No. G AN ORDINANCE TO PROVIDE FOR TH1 LICENSING AND INSPECTION OF RENTAL RESIDE i IAL PROPERTY 1 WHEREAS, the City Council of the City of Elgi has determined it is necessary 2 and desirable to provide for the licensing and inspectio of rental residential properties 3 within the city; and 4 WHEREAS, the City of Elgin is a home rule mu icipality as defined in Article 5 VII, Section 6A of the 1970 Constitution of the State o l Illinois; and 6 WHEREAS, a home rule unit may exercise any p.wer and perform any function 7 pertaining to its government and affairs; and 8 WHEREAS, the licensing and inspection of rent-1 residential property pertains to 9 the government and affairs of the City of Elgin. 10 NOW, THEREFORE, BE IT ORDAINED BY T E CITY COUNCIL OF THE 1X CITY OF ELGIN, ILLINOIS: 12 Section 1. That Chapter 6.37 entitled "Rental R:sidential Property" of the Elgin 13 Municipal Code, 1976, as amended, be and is hereby a ended to read as follows: 14 15 "Chapter 6.37 16 RENTAL RESIDENTIAL PRO ERTY 17 6.37.010 PURPOSE. 18 The purpose of this chapter is to provide for the icensing and inspection of 19 rental residential property so as to protect the public he.lth, safety and welfare of the 20 people of the city including: 21 A. To protect the public health and safety by insuri ig rental units comply with 2 minimum housing standards of city ordinances. 23 B. To protect the character and stability of residenti.1 areas. 24 C. To correct and prevent housing conditions that aversely affect or are likely to 25 adversely affect the life, safety, general welfare a d health, including the 26 physical, mental and social well being of persons occupying dwellings. 27 D. To prevent the overcrowding of dwellings by req siring compliance with 28 minimum space standards per occupant for each dwelling unit. 24— E. To facilitate the enforcement of minimum stand:rds for the maintenance of 30 existing residential buildings and thus to prevent slums and blight. 31 F. To preserve the value of land and buildings throw: out the city. r 32 6.37.020 PROVISION OF INSPECTION RIGHTS AND PENALTIES. 33 This chapter shall not be construed as to restrict the right of this city to inspect 34 any property nor to seek penalties for violations of other provisions of this code. 35 6.37.030 DEFINITIONS. 36 A. "Bed and Breakfast Inn" means a single family dwelling or portion thereof where 37 rooms without cooking facilities for the occupancy of temporary guests are 38 provided at a daily rate of compensation for a maximum of seven consecutive 39 days, and where meals are provided for compensation in contradistinction to a 40 hotel, a motel or a rooming house which are separately defined within this 41 chapter. 42 B. "Code Official" means the Community Development Manager or designee. 43 C. "Department" means the Department of Code Administration and Development 44 Services. 45 D. "Dwelling" means a building, or portion thereof, used exclusively for human 46 . habitation. 47 E. "Dwelling Unit" means one or more rooms containing individualized cooking, 48 sleeping and sanitary facilities which is designed, occupied or intended for use by 49 one household. 5 F. "Hotel" means a building in which lodging with accompanying bathrooms are 5 provided and offered to temporary guests for compensation and in which ingress 52 and egress to all rooms is provided through an interior lobby or office supervised 53 by a person in charge at all hours. Maid service, linen laundering, telephone and 54 secretarial or desk service are also provided for lodgers in contradistinction to a 55 motel, a rooming house or a bed and breakfast inn which are separately defined 56 within this chapter. 57 G. "Motel" means a building or group of buildings in which lodging rooms with 58 accompanying bathrooms are provided and offered primarily to temporary guests 59 for compensation in contradistinction to a hotel, a rooming house or a bed and 60 breakfast inn which are separately defined within this chapter. A motel also 61 furnishes services such as maid service and linen laundering and provides 62 secretarial and desk service. 63 H B. "Multiple Family Rental Residential Property" means rental residential property 64 with two or more dwelling units. 65 I B. "Property Agent" means a person, operator, firm, partnership, corporation, or 66 other legal entity designated in writing by the property owner to the code official 67 to manage a rental residential property including the authority to receive notices 68 or citations. 69 I e. "Rental Residential Property" means rcsidcntial structures or dwellings, dwelling 70 units, rooming houses and rooming units let or intended to be let for rent or 7�,.,, lease. 7� K. "Rooming House" means a building containing rooming units in which meals 73 may or may not be served in contradistinction to a hotel or motel or bed and 2 74 breakfast inn which are separately defined within this chapter. 75 L. "Rooming Unit" means a room rented or leased as sleeping and living quarters, 76 but without cooking facilities and with or without an individual bathroom. In a 77 suite of rooms without cooking facilities, each room which provides sleeping 78 facilities shall be counted as one "rooming unit" for the purpose of this chapter. 79 M. "Single Family Rental Residential Property" means rental residential property 80 with one dwelling unit. 81 N D. "Tenant" means an occupant of rental residential property. 82 O E. Words or phrases as used in this chapter and not herein defined shall be defined 83 as provided by Title 16, Chapter 16.04 and Chapter 16.20 of this code the 84 BOCA National Property Maintenance Code, 1990, and-BOCA National 85 Building Code, 1990, as amended. 86 6.37.040 LICENSE REQUIRED. 87 A. It is unlawful for any person, firm, partnership, corporation or other legal entity 88 to operate, maintain or offer to rent within the city a rental residential property 89 whether vacant or not without first obtaining a license or a tcmporary ccrtificatc 90 as provided in this chapter. 91 B. It is unlawful for a person to occupy a rental residential property, or for any 92 owner or property agent to allow anyone to occupy a rental residential property 9 which is not licensed or which is without a temporary certificate as provided in 9 this chapter. 95 C. It is unlawful for any person, firm, partnership, corporation or other legal entity 96 to offer for rent or to occupy any vacant dwelling unit or rooming unit or any 97 dwelling unit or rooming unit that becomes vacant in a rental residential 98 property for which a license is under suspension. 99 D. This chapter shall not apply to the following structures: 100 1. Single family owner occupied dwellings buildings. 101 2. Single family dwellings buildings occupied by a member of the owner's 102 family. 103 3. Single family dwellings buildings which are vacant but which are not 104 intended to be let for rent. 105 4. Townhouse and condominium owner occupied dwellings units. 106 5. Hotels, motels and bed and breakfast inns, and othcr structures 107 ;: ; ; . -, 108 • -- , - • 109 6. Dwellings, buildings, structures and uses licensed and inspected by the 110 State or the federal government, including but not limited to, nursing 111 homes, retirement centers, rest homes, etc. 112 , ✓ 7. Dwellings, buildings, structures and uses owned by other governmental 113 agencies and public housing authorities. 1 8. Multiple family rental residential property in which each dwelling unit is 1 occupied by a record owner of the property. 116 E. A license or a temporary certificate for a rental residential property cannot be 3 117 transferred to another rental residential property nor a succeeding owner. 118 6.37.050 LICENSE APPLICATION. 119 A. Each applicant for a license or renewal license to maintain a rental residential 120 property for the purpose of renting it to others or for the purpose of allowing 121 others to occupy it as a dwelling unit or a rooming unit shall file a written 122 application with the code official stating: 123 1. The full legal name, address, and home and work telephone numbers of 124 each and every owner of the rental residential property. 125 2. The address of the rental residential property. 126 3. The number of dwelling units or rooming units within the rental 127 residential property. 128 4. In the case of an rental residential property owner who is not a resident of 129 the city, the name, address and phone number of his/her agent with 130 authority for receipt of service or notice of a violation of the provisions of 131 • this chapter. 132 5. Whenever there is a change in the ownership of a rental residential 133 property or the owner's property agent, the owners shall within thirty (30) 134 days of such changes, file an updated written notice with the code official 1 indicating such changes. 1 6. The total square footage designated for living and sleeping purposes 137 within the rental residential property as determined by the city's property 138 maintenance code. 139 7. Approval must be obtained from the code official prior to any change 140 being made in the number of dwelling units or rooming units within a 141 licensed rental residential property. Application for such change shall be 142 made on a form provided by the code official. The code official will 143 review the proposed change and respond to the property owner within 144 thirty (30) days of the filing of the application. Any and all changes must 145 meet all zoning, property maintenance code and building code 146 requirements of this code. 147 B. Each application for a new license or a renewal of an existing license shall be 148 accompanied by a fee of $25.00 for single family dwelling rental residential 149 properties,,and $50.00 for multiple family dwelling residential properties, and 150 $50.00 for rooming house residential properties. In addition thereto, a dwelling 151 unit and rooming unit fee of $25.00 will be added for each dwelling unit and 152 rooming unit to be inspected in excess of one. All such fees shall be payable at 153 the office of the department city's_manager Direeter of the Department of 154 I'inancc. Applications for a new license shall be assigned an annual license 155 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 lb, license renewal date. 158 _ • •• - rrsc fees shall be due and payable on or 4 159 : , _ - - - - 160 year in which they are issued. the next day after the datc of issue. Effective 161 January 1, 1999, a staggered license renewal system shall be implemented for 162 163 annual license renewal-date for each rental residential property that is 164 : ; ; . .165 : :: : . 166 ••• - + - - - - .•- -; - - .• , : - - - - - - • - . - . :::• - - - - 167 diem fcc shall-be assessed for the period beginning January 1, 2000 and 168 - •:U - - ; - - - - - - • - . - . :::. - , .55 - - 169 • •• . • : •."' .:r: : : •- - : - - • ; : ::- - - 170 - - - , - - . - - -- - -• - - - 171 : : : 172 173 'following the annual license renewal datc. 174 6.37.060 INSPECTION REQUIREMENTS 110 • 175 LICENSE ISSUANCE OR DENIAL. 176 A. All rental residential property shall be subject to an inspection as a condition to 177010► the issuance of the license. An inspection shall be scheduled with the code 1 official at the time of the application for a license for a rental multiple family 179 residential property. ••. • - :- - ': - : -: •: -• -- - = • - - 180 residential properties. 181 B- - - - -'• • ; - - _ : - -- - - - - - : : - • ; ; . - 182 ; a ; : :; : - 183 - - ; ; _ - - - - - : :: 184 a u : : :' ; - - ; : : - •• - • i ; : : :: • , 185 license. 186 B e. Upon receipt of a completed application for a license or renewal license for a 187 multiple family rental residential property, including the payment of all required 188 fees and the scheduling of a required licensing inspection, the code official shall 189 issue a license - : • - - ' -. - ' :'-. • - • • • 190 191 : : : .-- • ; : -- ; : 192 :: : • . - Mir - • : : • :; . a w - 193 ; • ; : :•- - b - -- : ; a - IP IP 194 license. 195 C D. Licensing inspections of multiple family rental residential property shall be 196 conducted not less than ninety (90) days from the issuance of an initial license 197 or renewal license. The licensing inspection shall determine whether the rental residential property is in conformance with the city's zoning ordinance and all 1 cA other applicable provisions of this code. The licensing inspection shall also 200 include a physical inspection of the rental residential property including the 5 r 201 building exterior, common areas, basement, and twenty percent (20%) of both 202 the individual dwelling units and rooming units, when applicable, with a 203 minimum of at least one dwelling unit and rooming unit, when applicable. The 204 code official or his designee will determine which dwelling units and rooming 205 units are to be inspected. 206 D E. When a licensing inspection of a rental residential property reveals any 207 violations of applicable codes, a compliance time frame will be set by the code 208 official. In establishing a compliance time frame, the code official shall 209 determine the reasonable minimal time necessary to correct the violations based 210 upon the number and severity of the violations. The code official shall send 211 notice to the property owner or the listed property agent by regular U.S. mail at 212 the last address provided on the most recent license application. Said notice 213 shall include the following: 214 1. Description of the property sufficient for identification; 215 2. A statement listing the violations of applicable codes; 216 3. A statement of the date upon which the licensing re-inspection will occur; 217 and 218 4. An explanation that if upon completion of the licensing re-inspection that 219 the requirements of applicable City codes have not been met, a written 2 denial of the license application revoking the temporary certificate will be 21 issued. 222 E F. A licensing re-inspection will be conducted at the end of the compliance time 223 frame. The license shall remain in effect upon Upon the successful completion 224 of the a licensing re-inspection : - - - - • : : . •, that determines 225 a license shall be issued if the rental residential property meets the requirements 226 of applicable city codes. If the code official finds that the requirements of 227 applicable city codes have not been met, or that any information provided in the 228 license application is false, the license shall be suspended or revoked in 229 accordance with section 6.37.090 of this chapter a written denial of thc license 230 : :: • 231 transmitted by regular U.S. mail to thc applicant. 232 F G. A rental residential property which is in total compliance at the time of the 233 licensing inspection shall receive a one year extension of the license at no 234 additional charge and with no additional inspections being required. 235 C H. If during a licensing inspection any dwelling unit or rooming unit is determined 236 to be unfit for human occiipancy as specified in determined under the city's 237 property maintenance code, an additional twenty percent (20%) of the dwelling 238 units and rooming units in the subject rental residential property shall will be 239 inspected. If similar violations are observed in the additional dwelling units and 240 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 243 ordinance. 6 244 H I. The number of dwelling units and rooming units to be inspected per rental 245 residential property shall be calculated using the following tables: 246 Number of Dwelling Units Number of Dwelling Units 247 on Property to be Inspected 248 2-5 1 249 6-10 2 250 11-15 3 251 16-20 4 252 21-25 5 253 26-30 6 254 31-35 7 255 36-40 8 256 41-45 9 257 46-50 10 258 51-J_ 259 56-60 2 Properties having in excess of fifty (50) sixty (60 j dwelling units shall have the 2 number of dwelling units to be inspected calculated at twenty percent (20%) of the total 262 number of dwelling units. The dwelling units to be inspected shall be selected by the 263 code official. 264 Number of Rooming Units Number of Rooming Units 265 on Property to be ;nspected 266 2-5 1 267 6-10 2 268 11-15 3 269 16-20 4 270 21-25 5 271 26-30 6 272 31-35 7 273 36-40 8 274 41-45 9 275 46-50 10 276 277 Properties having in excess of fifty (50) rooming units shall have the number of 278 rooming units to be inspected calculated at twenty percent (20%) of the total number of 2� rooming units. The rooming units to be inspected shall be selected by the code official. 781 7 r 282 - .. . : ;; 283 I E. Applications for license renewals shall be made in the same manner as for new 284 applications except that such applications shall state thereon such fact. 285 6.37.070 ENFORCEMENT. 286 It shall be the duty of the department to enforce the provisions of this chapter as 287 authorized by the Elgin Municipal Code and the BOCA National property maintenance 288 code as adopted and amended by the city City of Elgin. 289 6.37.080 VIOLATIONS. 290 The following shall constitute violations of this chapter: 291 A. Failure of the owner or owners of the rental residential property to license such 292 property with the code official. 293 B. Failure of the occupants of the rental residential property to vacate such property 294 within sixty (60) days after receiving notice from the code official that such 295 _ property is not properly licensed or that the license or temporary certificate has 296 been revoked. 297 C. Failure of the owner of the rental residential property to vacate all tenants from 298 said property within sixty (60) days after the license or temporary certificate has been revoked. 3 D. Failure of the owners of the rental residential property to maintain the structure 301 and premises in compliance with applicable building, property maintenance and 302 zoning ordinances. 303 E. Any person other than an inspector from the department who removes or 304 defaces any notices which have been posted pursuant to this chapter without the 305 approval of the code official shall be liable for the penalties provided for by this 306 chapter. 307 6.37.090 LICENSE-SUSPENSION AND REVOCATION. 308 A. A license may be suspended when violations of applicable city codes have been 309 identified by the department and the property owner has been properly notified 310 of the violations and given a reasonable period o: time in which to correct 311 violations, but has failed to do so. A license may also be suspended when any 312 information provided in the license application is determined by the code official 313 to be false. 314 B. When an inspection of a licensed rental residential property reveals any 315 violations of applicable codes, a compliance time frame will be set by the code 316 official using the standard as set forth in Section 6.37.060E. The code official 317 shall send notice to the property owner or the listed property agent by regular 318 U.S. mail at the last address provided on the most recent license application. 331111.. Said notice shall include the following: 1. Description of the rental residential property sufficient for identification; 321 2. A statement listing the violations of applicable codes; 8 • 322 3. A statement on the date upon which a rei spection will occur; and 323 4. An explanation that if upon completion o the reinspection that the 324 requirements of applicable city codes have not been met, that the license 325 for the rental residential property will be s spended. 326 C. A.reinspection will be conducted at the end of thr compliance time frame. If the 327 code official finds that the requirements of applicable city codes have not been 328 met upon the completion of such reinspection, tL e license for the rental 329 residential property shall be suspended. 330 D. When a license is suspended, the code official sh=11 send notice to the property 331 owner or the listed property agent at the last add ess provided on the most 332 recent license application. Said notice shall be s:nt by certified mail, return 333 receipt requested, or personally served upon the 'property owner or the property 334 agent listed on the most recent license application. The notice shall include the 335 following: 336 1. Description of the property sufficient for is entification; 337 2. A statement of the reasons for the suspen.ion; 338 3. An explanation of the property owner's o‘, cr3 right to appeal the 339 suspension; 340 4. If the property owner changes his address or changes property agents and 3 fails to notify the department, such notic: shall be sufficient if sent by 3 certified mail to the owner or his proper agent's agents last address as 343 provided on the last license application. 344 E. A property owner whose license has been suspe ded may request a reinspection 345 prior to revocation. If, upon reinspection, the d:partment finds that the licensed 346 rental residential property in connection with WI ich the notice was issued is 347 now in compliance with this chapter, the code op ficial may reinstate the license. 348 The request for a reinspection shall not stay the revocation of the license unless 349 the code official grants such request pursuant to a showing of good cause by the 350 property owner. 351 F. Any person whose license has been suspended s tall be entitled to appeal the 352 suspension to the Property Maintenance Board cf Appeals by filing a petition as 353 set forth in Scction 16.12.00 Chapter 16.12 of this code with the appeals board 354 vested with the authority for considering any su h petition. Such an appeal shall 355 operate as a stay of the revocation until such ti e as the appeals board renders 356 a decision on the appeal. A hearing shall be soh:duled in accordance with the 357 provisions of this code and the rules and regula pion of the appeals board within 358 tcn (10) working days of rccti.ipt of a timely pcti'ion. The appeals board Property 359 • :_ _ _ • iv c • considering a p y such petition may 360 immediately revoke the license, continue the s pension to a definite 361 compliance date with revocation being the penal ty for noncompliance, or dismiss the charges and reinstate the license. • he appeals board Property . _ ._ c - shall render a d:cision in accordance with the 364 provisions of this code and its rules and regulat ons within five (5) working days 9 after the baring with such decision being final. 366 G. A license may be revoked when a petition for a.peal has not been filed within 367 twenty (20) days following the date of issuance .f an order of suspension, or, if 368 the suspension is sustained after appeal. A lice, se may also be revoked when in 369 the opinion of the code official emergency cond tions exist in a rental residential 370 property that require the immediate vacating of a structure as specified in the 371 city's property maintenance code. 372 H. A license which has been properly revoked as h:rein provided shall not be 373 reinstated. The property owner may, however, obtain a new license after all 374 violations have been corrected and by following the procedures for obtaining a 375 new license as set forth in this chapter, includi • the payment of all applicable 376 fees. 377 I. If a license is revoked without having the opportunity of a suspension hearing, 378 the property owner has the right to appeal that evocation. Said appeal shall 379 conform to Subsection F of this section. Such a appeal shall operate as a stay 380 of the revocation until such time as the appeals .oard Property Maintenance 381 . Boma renders a decision on the appe:1. 382 J. Whenever a temporary ccrtificatc or a license is evoked, the code official shall 383 send notice to the property owner or the listed p operty agent at the last address 384 provided on the most recent license application. Said notice shall be sent by 33r. certified registered mail, return receipt requested The code official shall also notify all tenants and occupants of the rental re-idential property by posting a 387 notice on all entrances to the rental residential s ructure. The notice to the 388 tenants and occupants shall include the followi 389 1. You are hereby notified that the tempora , ccrtificatc or license for this 390 structure has been revoked pursuant to C apter 6.37 of the Elgin 391 Municipal Code. 392 2. You must vacate this structure within six (60) days of the date of this 393 notice. 394 3. If you fail to vacate this structure, you wilbe in violation of Chapter 6.37 395 of the Elgin Municipal Code and subject to penalties of fines with a 396 minimum of $50.00 and a maximum of $ 00.00 for each day you are in 397 violation. 398 Any tenant of the rental residential property ma appeal the revocation of the 399 temporary ccrtificatc or license. Said appeal shall confo m to with subsection F of this 400 section. Such an appeal shall operate as a stay of the re ocation until such time as the 401 appeals board Property MahitLnancc Board of Appeals enders a decision on the appeal. 402 K. Whenever an owner or property agent of a rental esidential property fails to 403 license said property with the department, the come official shall notify all 404 tenants and occupants of the rental residential property by posting a notice on 4-05 all entrances to the rental residential property indicating the following: 1. You are hereby notified that the owner or .gent of this rental structure 4Or has failed to license this rental residential property with the department 10 rik 408 in violation of Chapter 6.37 of the Elgin i unicipal Code. 409 2. You must vacate this structure within six' (60) days of this notice. 410 3. If you fail to vacate this structure, you will be subject to the penalties and 411 fines with a minimum of $50.00 and a maximum of $500.00 for each day 412 you are in violation. 413 Any tenant of the rental residential property ma appeal the code official's order 414 to vacate the structure because the owner has failed to icense said property with the 415 department. Said appeal shall conform to with subsection F of this section. Such an 416 appeal shall operate as a stay of the order to vacate the .tructure until such time as the 417 appeals board ' : a- -• - . - - - :: a • aa-. - enders a decision on the appeal. 418 419 6.37.100 OWNER RESPONSIBILITY. 420 A. The owner of a rental residential property shall aintain a record for each 421 property with the full legal names of every tenan or occupant residing in each 422 dwelling unit or rooming unit. 423 B. The owner or property agent of a rental resident'al property shall provide each 424 • tenant or occupant with the name and telephon: number of a responsible person 425 who, in emergency situations, will be available on a 24 hour basis and who has 426 the authority to make repairs as needed. The o ner shall also cause said 427 information to be posted and maintained within the main entryway of every rental residential stricture. 4�9 C. The owner of a rental residential property shall .nform each tenant or occupant 430 in writing, prior to occupancy, of the maximum number of persons allowable by 431 the occupancy standards of the city's property aintenance code. This number 432 shall be determined by the code official. 433 D. The owner of a rental residential property shall ake available to the code 434 official upon request, the tenant and occupant r:cords required to be maintained 435 under this section. 436 6.37.110 INSPECTION ACCESS. 437 If any owner, property agent, tenant, occupant or other person in control of a 438 rental residential property or a dwelling unit or a room n: unit contained therein fails 439 or refuses to consent to free access and entry to the property or dwelling unit or 440 rooming unit under his control for any inspection purs iant to this ordinance, the code 441 official or his designee may apply to the Circuit Court or a search warrant or other 442 appropriate court order authorizing such inspections. 443 6.37.120 NO EFFECT ON LEASES. 444 This chapter is not intended to and does not aff-ct the rights and obligations of 445 the parties to a lease, oral or written, of a rental reside! tial property. 6.37.130 PENALTY FOR VIOLATION. Any person, firm or.corporation violating any 01 the provisions of this chapter, 11 r 448 in addition to other legal and equitable remedies availa•le to the city, shall be fined as 449 provided in Chapter 1.20 of this code. Each day during which a violation of this 450 chapter continues or is permitted to exist shall be consi•eyed a separate and distinct 451 offense. 452 453 6.37.140 EFFECTIVE DATE. 454 The provisions of this chapter shall be in full for e and effect from and after 455 January 1, 1995." 456 6.37.150 SEVERABILITY 457 If any provision, clause, sentence, paragraph, se•tion, or part of this chapter or 458 application thereof to any person or circumstance, shal for an Treason be adjudged by a 459 court of competent jurisdiction to be unconstitutional •r invalid, said judgment shall 460 not affect, impair or invalidate the remainder of this se, tion and the application of such 461 provision to other persons or circumstances, but shall •e confined in its operation to 462 the provision, clause, sentence, paragraph, section or p.:rt thereof directly involved in 463 the controversy in which such judgment shall have bee rendered and to the person or 464 circumstances involved It is hereby declared to be the li gislative intent of the city 465 council that this chapter would have been adopted had such unconstitutional or invalid 466 provisions, clause, sentence, paragraph, section or part thereof not been included. 4 468 Section 2. That all ordinances or parts of ord nances in conflict with the 469 provisions of this ordinance be and are hereby repealed 470 471 Ed Schock, ayor 472 Presented: 473 Passed: Yeas Nays 474 Omnibus Vote: 475 Recorded: 476 Published: 477 Attest: 478 4 ''' Dolonna Mecum, City Clerk 12