(A) Inspection by consent. The Building Official or his or her designee is authorized to attempt at any reasonable time to obtain consent to entry from the owner, occupant, or other person in charge of a dwelling unit or other property subject to this ordinance. Such owner, occupant, or other person in charge shall be informed that entry by the Building Official or his or her designee is sought for the purpose of making an inspection and performing duties under this chapter. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.
(B) Inspection by warrant.
(1) If the owner, agent, occupant, or person in charge of a dwelling unit or other property subject to this chapter does not consent to the attempted inspection, the Building Official, or his or her designee shall seek a search warrant in the Circuit Court of Cook County. The warrant shall be for the purpose of making an inspection to determine whether the dwelling unit or other premises is in compliance with all of the provisions of this code. The application for a search warrant may provide information to the court concerning any of the following factors along with such other matters as deems pertinent:
(a) Eyewitness account of violation.
(b) Citizen complaints.
(c) Tenant complaints.
(d) Plain view violations.
(e) Violations apparent from village records.
(f) Property deterioration.
(g) Age of property.
(h) Nature of alleged violation.
(i) Similar properties in the area.
(j) Documented violations on similar properties in the area.
(k) Passage of time since last inspection.
(l) Previous violations on the property.
(2) A search warrant obtained pursuant to this section shall be executed and an inspection shall be made at least three working days before the date, of the proposed occupancy. The term THREE DAYS in this instance shall mean any three days during a week or part thereof, when normal business activities are carried on by the village. As owner, agent, occupant, or person in charge of a dwelling unit who is presented with a search warrant obtained pursuant to this section shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the dwelling, structure or premises where an inspection authorized by the search warrant is sought to be made.
(C) Private inspections. In lieu of an inspection by the Building Official or his or her designee, an owner of a property subject to this chapter may file with the Building Commissioner a certified inspection report by an Illinois Department of Finance and Professional Regulation (“IDFPR”) licensed home inspector, which shows that the property is in full compliance with all village and applicable state building, housing, electrical, and plumbing codes, including the standards set forth in § 101.10 of this chapter. Such certified inspection report shall be considered, for purposes of this chapter, to be the contemplated inspection by the Building Official. If, in the determination of the Building Official, such certified inspection report does not show complete compliance, the report may be used by the Building Official as probable cause for application to the circuit court for a search warrant.
(D) Uninspected property; transfer stamps. In the event the owner or occupant refuses to consent to an inspection, and the Building Commissioner does not seek a warrant (or if court refuses an application for the warrant), the Building Commissioner may issue “uninspected property” transfer stamps. In connection with the issuance of transfer stamps, the Building Commissioner shall advise the purchaser of such property that it is “uninspected property.” If an “uninspected property” stamp issues, this chapter shall not prohibit the sale or transfer of such property, unless an owner, agent or person in charge of such dwelling or structure is interfering with or impeding an inspection authorized by a warrant obtained pursuant to this chapter.
(Ord. 22-02, passed 1-19-22)