A. Rental periods; Minimum individual stay. Regardless of any other Section within this Chapter, under no circumstance shall a property owner be permitted to rent or lease, or allow the rental or leasing of, a Residential Dwelling Rental Unit to a tenant for a period of less than thirty (30) days.
B. Tenant eligibility; discriminatory practices; accessibility.
1. Principal tenant requirements. The principal tenant of a residential dwelling rental unit must be at least 21 years old and must be an overnight occupant of the unit during the entire time of the rental period.
2. Discriminatory practices prohibited. Except as allowed under subsection (1) of this section, it shall be unlawful for any person who owns, rents, leases, operates, manages, or in any manner controls a residential dwelling rental unit to withhold, deny, curtail, or limit the rental, lease or use of such unit because of an individual's race, color, national origin, ancestry, sex, gender identity, sexual orientation, age, religion, marital status, parental status, or military service status.
3. Accessibility. Listings for a residential dwelling rental unit must identify any accessibility features for persons with disabilities.
C. Guest health and safety.
1. Building safety. Each residential dwelling rental unit must meet all applicable building code and fire code requirements. Functioning smoke and carbon monoxide alarms meeting Underwriters Laboratory (UL) standards shall be required as follows:
a. Smoke detection/alarms are required to be installed inside and in the immediate area outside (within 15') of each separate sleeping area / bedroom and on each level occupied by the residential dwelling rental unit including a basement, in compliance with Village Code Section 10-3-1 [IRC Section R314], and the State of Illinois Fire Safety Smoke Detector Act [425 ILCS 60/]. Devices shall have primary power from the building wiring with battery back-up power. Multiple devices shall be interconnected so that activation of one device activates all devices.
b. Carbon monoxide detection/alarms are required to be installed inside and in the immediate area outside (within 15') of each separate sleeping area/ bedroom and on each level occupied by the residential dwelling rental unit including basement, in compliance with Village Code Section 10-3-1 [IRC SectionR315], and the State of Illinois Public Safety Carbon Monoxide Alarm Detector Act [430 ILCS 135/]. Devices shall have primary power from the building wiring with battery back-up power. Multiple devices shall be interconnected so that activation of one device activates all devices.
D. Responding to nuisance, safety, and operational issues.
1. Response procedures. The license holder must:
a. Be available by telephone 24 hours day, seven days a week, to address problems associated with the residential dwelling rental unit, including operational and safety concerns and nuisance complaints.
b. Take action to resolve each complaint regarding the residential dwelling rental unit within 24 hours of receiving the complaint.
c. Diligently pursue the resolution of each complaint until it is resolved to the fullest practical extent.
2. Violations of this section. Failure by the license holder, or the alternate contact person to comply with any of the requirements of this section will be treated as a violation by the license holder.
E. Right of Entry: In order to safeguard the safety, health and welfare of the public, the Building Commissioner is authorized as a condition of the license to attempt to obtain consent to enter at any reasonable time from the owner, license holder, or tenant in charge of a residential dwelling rental unit, structure or property subject to this chapter for the purpose of making inspections and performing duties under this chapter. Such owner, license holder, or tenant shall be informed that entry by the Building Commissioner or his designee is sought for the purpose of making inspection and performing duties under this chapter. Failure to give consent to entry under this section shall be punishable by forfeiture of the Residential Dwelling Rental Unit License.
F. Search Warrant in Absence of Consent to Right of Entry: If the Building Commissioner, after a reasonable attempt to obtain consent, does not receive consent to enter a residential dwelling rental unit, structure or property subject to this chapter, the Building Commissioner may seek in the circuit court of DuPage County, a search warrant pursuant to 4-11-6 subsection G. of this chapter. An owner, license holder, or tenant in charge of a residential dwelling rental unit, structure or property subject to the provisions of this chapter, 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 residential dwelling rental unit, structure or property where an inspection authorized by the search warrant is sought to be made.
G. Procurement of Search Warrants: A search warrant sought pursuant to subsection 4-11-6 F. shall be sought in the circuit court of DuPage County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:
1. Eyewitness account of violation.
2. Citizen complaints.
3. Tenant complaints.
4. Plain view violations.
5. Violations apparent from village records.
6. Property deterioration.
7. Age of property.
8. Nature of alleged violation.
9. Passage of time since last inspection.
10. Previous violations on the property.
H. Costs and Liens:
1. Any costs incurred by the village or a duly authorized contractor in abating a nuisance, violation or any other charge imposed by the village under this chapter shall be a lien upon the real estate in question as authorized under the Illinois municipal code and shall be superior to all other liens and encumbrances except tax liens; provided, that within sixty (60) days after such cost and expense is incurred, the village, or a contractor performing such services as authorized by the village, in his or in its own name, files notice of lien in the office of the county recorder. The notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof; b) the amount of money representing the cost and expense incurred or payable for the service; and c) the date or dates when such cost and expense was incurred by the village. The lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the weed cutting or property maintenance actions by the village and prior to the filing of the notice of lien. The lien shall not be valid as to any mortgagee, judgment creditor or other lienor whose right in and to such real estate arises prior to the filing of the notice.
2. Upon payment of the cost and expense by the owner or other persons interested in such property after notice of lien has been filed, the lien shall be released by the village or person in whose name the lien has been filed, and the release may be filed of record as in the case of filing notice of lien. (Ord. 2020-36, 12-14-2020; Ord. 2021-22, 6-28-2021; Ord. 2021-39, 9-27-2021)