A. The owner and the property manager, if any, or an employee or agent thereof, shall successfully complete a Crime Free Rental Housing Program Seminar administered by the Batavia Police Department as a condition to the issuance of a rental license. Completion of the seminar shall be accomplished at the first opportunity after the filing of an application unless good cause is shown why the applicant could not complete the seminar at the first opportunity; and provided that completion of the seminar is accomplished at the next opportunity. If a seminar is not available prior to issuance of the rental license, a conditional rental license may be issued subject to completion of the seminar at the first opportunity thereafter. If completion of the seminar is not accomplished as provided herein, the conditional rental license shall become null and void without further action, and the applicant may be subject to fines dating back to the date on which the rental license was required. Upon notification that the required seminar has been completed, the Community Development Department shall remove the conditional status of the license.
B. A property manager shall be considered an agent of the owner. If a new property manager is retained, the property manager or an employee or agent thereof shall complete the Crime Free Rental Housing Program Seminar at the first opportunity thereafter unless good cause is shown why the new property manager could not complete the seminar at the first opportunity, and provided that completion of the seminar is accomplished at the next opportunity. If completion of the seminar is not accomplished as provided herein, the property manager may be subject to fines dating back to the date on which the rental license was required.
C. The coordinator shall provide the Community Development Department with a list of owners and property managers, and the employees and agents thereof, who have attended the City of Batavia Crime Free Rental Housing Program Seminar, with the date of attendance and verification that the owner and property manager, or employee or agent thereof, has completed the seminar and is eligible to obtain, maintain or renew the rental license.
D. In addition, any owner, property manager or agent or employee thereof may be required to attend or re-attend a City of Batavia Crime Free Rental Housing Program Seminar if the coordinator determines that attendance or re-attendance is required for good cause. The coordinator, in determining whether or not to require a specific person to attend or re-attend the Crime Free Rental Housing Program Seminar, shall consider the following:
1. Activities that have occurred on or in connection with the rental property that are indicative of a nuisance as described in section 3-27-6 of this chapter; or
2. The failure of the owner or property manager to initiate eviction proceedings or take other appropriate action to abate the nuisance.
E. No dwelling or dwelling units shall be rented and no new lease shall be entered on or after January 1, 2012, unless a crime free lease provision is included in the lease substantially conforming to the language contained in a sample crime free lease provision to be maintained by the coordinator and provided at no cost by the City. Any clause or addendum reviewed and approved by the coordinator and/or the City Attorney prior to execution shall be conclusively determined to be in compliance with this section. At a minimum, the clause shall make any criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by a renter, member of the household, invitee or other party under the control of the renter) a lease violation; provide that proof of criminal activity may be established by a preponderance of the evidence; and give the landlord the authority to initiate an eviction proceeding due to criminal activity as specified in the Illinois Compiled Statutes Forcible Entry and Detainer Statutes.
F. Notice to a designated agent or property manager shall be considered notice to an owner. Unless a designated agent is an owner, property manager or other person with the authority or responsibility for the control or oversight of the rental property, a designated agent shall be responsible only for receiving notice. It shall be a violation of this chapter for a designated agent to refuse notice or to fail to deliver the notice to the owner and property manager.
G. An owner, property manager, or employee or agent thereof, shall be considered to have satisfied the requirements of subsections A and B of this section if the owner, property manager, or employee or agent thereof, has completed a program substantially similar to the Batavia Crime Free Rental Housing Program Seminar that has been approved by the Chief of Police or his designee. (Ord. 13-42, 11-4-2013, eff. 12-1-2013)