A. The landlord business license may be denied, revoked or suspended in the event the landlord or any beneficial owner of an entity which is the landlord:
1. Is delinquent in the payment of any fees, service charges, taxes, or fines due the City of Alton;
2. Is found to have violated any requirements of the Building or Housing Codes of the City of Alton;
3. Has failed to disclose a rental dwelling unit within the City of Alton;
4. Has not attended and successfully completed a seminar conducted by the Alton Housing Department, regarding residential property rental, no more than three (3) months after the issuance or renewal of the business license;
5. The landlord of the residential rental unit allowed or permitted the commission of any act or omission constituting a felony under Illinois law, on the leased premises or on common areas related to the leased premises, or
6. The commission of four (4) or more violations of City ordinances within any six-month period, within the residential unit, or on common areas related to the rental unit, or
7. The failure of the licensed landlord to take prompt, diligent and lawful steps to remove the lessees from possession of the rental unit;
a. Following notice of the commission of a felony in the rental unit where allowed or permitted by lessee, or
b. Following notice of four (4) ordinance violations in the residential rental unit, where allowed or permitted by lessee, or
c. Following notice of other violation of the crime-free housing lease addendum, which is on file in the City as exhibit A, as now or as hereafter amended, where violation of that lease addendum expressly constitutes good cause for termination of the lease.
8. Any act of lessee, or guest of a lessee, constituting abuse or harassment of a family or household member under the Illinois Domestic Violence Act 1 as now or as hereafter amended, shall not, by itself, constitute solely for the purposes of this section, a violation of any lease or lease addendum, or cause to suspend or revoke a business license of a lessor of residential real property. However, any simultaneous or concurrent behavior constituting an ordinance violation, felony, or misdemeanor, occurring simultaneously or concurrent with the violation of the Illinois Domestic Violence Act, may be considered by the Administrative Hearing Officer in any hearing conducted to determine the issuance of a fine or the suspension or revocation of the business license of a lessor of residential real estate property, under this section.
9. Failed to comply with subsection 4-21-3C of this chapter.
B. Before the privileges of the landlord to rent or lease any dwelling unit is denied, revoked or suspended pursuant to this section, the landlord shall be afforded a notice which shall describe the cause alleged to exist for the denial, revocation or suspension of the landlord's right to rent or lease a dwelling unit and upon the request of the landlord, a hearing shall be scheduled before a Hearing Officer to be appointed by the Mayor. The Hearing Officer may be an official of the City of Alton or an employee of the City of Alton so long as such Hearing Officer is: 1) not the person bringing the allegations against the landlord and 2) not a witness who testifies in the hearing against the landlord. The Hearing Officer shall be required to determine whether sufficient cause exists for the denial, suspension or revocation of the privileges of the landlord to rent or lease any dwelling unit and shall reduce the decision to writing to be served upon the landlord within twenty one (21) days of the conclusion of the hearing. Should the landlord desire to appeal the decision of the Hearing Officer, he shall file a "Petition to Appeal" with the City Clerk along with a copy of the decision from the Hearing Officer within thirty (30) days after the decision of the Hearing Officer is mailed to or served upon the landlord. The appeal will be scheduled for a public hearing with notice to the landlord before the City Council of the City of Alton at which hearing the Hearing Officer (if a member of a council) shall not participate as a member of the City Council; but, he may participate as a witness or present questions or comments in the course of the hearing as such rights shall also be allowed to any interested person.
C. The procedure to deny, revoke or suspend the privileges or the landlord to rent or lease any dwelling unit as afforded by this section shall be in addition to any other remedies provided by this Code or State Statutes with regard to the actions or inactions of the landlord with regard to any debts owing to the City of Alton, or the Circuit Court, as a result of any violations of any Housing or Building Codes of the City of Alton.
D. Should the privileges of a landlord to rent or lease any dwelling unit be denied, revoked or suspended, any tenants in possession of a dwelling unit of the landlord shall not be affected but no new tenants shall receive a certificate of occupancy for any dwelling unit owned by the landlord, in whole or in part, during any period of suspension or revocation of the landlord license. (Ord. 7674, 12-19-2018, eff. 1-1-2019)
Notes
| 1 | 1. 750 ILCS 60 et seq. |