13-1-15: CIVIL LIABILITY FOR RENTALS IN EXCESS OF NUMBER PERMITTED BY ORDINANCE; DEFINITIONS:

   A.   The owner of a building located in the village who, directly or indirectly, has collected, or caused to be collected, rentals from an occupant of that building during a period in which the number of apartments or family units in that building exceeded the number permitted for that building by the 2006 international residential code, as adopted by this code, is liable to any such occupant in an amount equal to not more than three (3) times the amount of any rentals paid by any such occupant, or in his behalf, after January 1, 1970, together with court costs and reasonable attorney fees. If the occupant is a recipient of public aid under article III, IV, or VI of the "Illinois Public Aid Code", approved April 11, 1967, as amended, in whose behalf vendor payment of the rental was made by the Illinois department of public aid, the department of human services (acting as successor to the department of public aid under the department of human services act), or a local governmental unit, as the case may be, the liability as herein provided is to the Illinois department of public aid, the department of human services (acting as successor to the department of public aid under the department of human services act), or the local governmental unit making the vendor payment of the rental.

   B.   For the purposes of this section:

FAMILY UNIT: A room or group of rooms used or intended to be used as a housekeeping unit for living, sleeping, cooking and eating. The fact that any such family unit is used or intended to be used with cooking or eating accommodations in common with another family unit in any such building does not affect liability hereunder.

OWNER: The legal or beneficial owner of a building.

   C.   No liability accrues under this chapter until thirty (30) days after the owner of record of a building has been notified in writing that such owner is in violation of any such municipal ordinance. Such notice shall be personally served upon such owner of record or sent by registered mail to the last known address of such owner. (Ord. 18-2011, 2-8-2011)