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(A) No person shall operate a residential rental property, or shall rent any residential property, without having obtained a license for such property, as provided by this article. Each license shall be issued only for the premises and to the owner named in the application and shall not be transferable or assignable.
(B) This licensing requirement shall not apply to:
(1) Single family dwellings occupied by a member of the owner's immediate family.
(2) Hotels and motels.
(3) Nursing homes, retirement centers, rest homes, or hospices licensed, inspected and governed by state or federal laws, rules or regulations.
(4) Group homes governed by 405 Illinois Compiled Statutes 35/1 et seq., as amended, Specialized Living Centers Act, dealing with the developmentally disabled, or other similar uses governed by state or federal laws, rules or regulations.
(C) Each applicant for a residential rental license shall file a written application and shall submit the following information on an application provided by the village:
(1) Name, address, and home and business telephone numbers of the owner of the property and, if property is held in trust, the name, address, home and business telephone numbers of the beneficiaries and the percentages of ownership of all the beneficiaries of the trust, appropriate corporate or partnership information, including the name of the registered agent, president, manager or managing partner. The name, address, and phone number of the property manager or management company representing the owner.
(2) Name, address (no P.O. boxes), business, and home telephone numbers of the owner and property agent to be contacted when potential violations of municipal ordinances occur.
(3) Telephone number of the owner or agent to be contacted when an emergency exists.
(4) An acknowledgment that the agent or owner shall be reasonably accessible to the village and have a telephone number which shall be available to the village at any time. The owner or property manager shall have a local office available for contact in Illinois.
(5) In the event any of the information requested should change, it shall be the obligation of the owner to notify the village in writing within ten days of the change.
(6) No license shall be issued or renewed unless the owner or operator agrees in their application to inspection pursuant to this article as the Village Manager may require to determine whether the location in connection with which such license is sought is in compliance with the applicable provisions of the this article and with the applicable provisions of the Code of Ordinances.
(D) License fee. The cost of an annual license shall be as follows:
(1) Single family dwelling unit: $75 per residential dwelling unit; and
(2) Apartment and multi-family buildings, (more than one unit per building): $100 per residential building.
(E) Crime free housing seminar required for residential property owners. All persons applying for a rental license for residential property shall have successfully completed a mandatory crime free housing seminar, administered by the Police Department, prior to issuance of the license. The seminar may be attended after an application has been submitted. The license will be issued only after successful completion of the seminar.
(F) Crime free lease addendum.
(1) Any owner or property agent entering into leases regarding residential rental property shall utilize a crime-free lease addendum or have a clause in the lease substantially similar to a crime-free lease addendum. Samples of crime-free lease addendums shall be available from the Police Department. The Department shall review any clauses within actual leases to determine if the clause is substantially similar to the required crime-free lease addendum. All owners or property agents shall advise prospective tenants of the required crime free lease addendum prior to entering into any lease or rental agreement. The crime free lease addendum shall make criminal activity a lease violation and shall specify that criminal activity is not limited to violent criminal activity or drug-related criminal activity engaged in by, facilitated by, or permitted by the tenant, a member of the household, a guest, or any party under the control of the tenant. The term CRIMINAL ACTIVITY shall mean a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act. The operator or property agent shall take all reasonable action to enforce the terms of the crime free housing addendum by initiating an eviction proceeding as specified in the Illinois Forcible Entry and Detainer Statutes. Proof of criminal activity shall not require a criminal conviction, but shall only require proof by a preponderance of the evidence.
(2) It shall not be a violation of a crime free lease addendum and no owner or property agent shall take any action to evict a tenant based upon:
(a) Contact made to the police or seeking other emergency services, if (a) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (b) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (c) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability;
(b) An incident or incidents of actual or threatened domestic violence or sexual violence against the tenant, household member, or guest occurring in the rental unit or on the premise; or
(c) Criminal activity occurring in the rental unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest or other party.
(3) It shall constitute a violation of this article for any owner or property agent to knowingly permit any tenant to occupy any residential rental property without entering into a crime free lease addendum or to occupy any residential rental property in violation of any provision of the crime free lease addendum required under this section. Any failure to include a crime-free lease addendum or similar approved language may result in suspension or revocation of the residential rental license. Any failure of an owner to take reasonable action to enforce the terms of the crime free lease addendum after having been notified by the Police Department of activity or conduct occurring on the residential rental property in violation of the addendum, and after having been given a reasonable opportunity to remedy such activity or conduct, shall be sufficient grounds for the suspension or revocation of his or her residential rental license.
(1) In the event that the Village Manager finds that it is necessary to determine whether the location in connection with which such license has been requested is in compliance with this article and with the applicable ordinances, rules and regulations of the village, an inspection may be required prior to and as a condition of issuance of the license. After inspection, no such license shall be issued unless the location is found to meet all applicable requirements of this article and applicable ordinances, including but not limited to the International Building Code, the NFPA 70 National Electric Code, the Illinois Plumbing Code, the International Mechanical Code, the International Fire Code, the International Residential Code, the International Property Maintenance Code, the International Fuel Gas Code, the International Energy Conservation Code, and the Swimming Pool and Spa Code, latest adopted editions, and any amendments to such codes as are adopted by the village.
(2) Property that changes ownership may be required to be inspected before a new license can be issued. After inspection, no such license shall be issued unless the location is found to meet all applicable requirements of this article and applicable ordinances, rules and regulations of the village.
(a) Whenever, upon inspection of the location, the Director of Community Development or his designee finds that conditions or practices exist which are in violation of the provisions of this article or of any applicable ordinances, rules and regulations, the owner shall be served with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within reasonable time, the license may be suspended.
(b) At the end of the time allowed for correction of any violation cited, the Director of Community Development or his designee shall re-inspect the location, and if the re-inspection reveals that such conditions have not been corrected, a request to the Village Manager to suspend the license may be made.
(c) Any person whose license has been recommended for suspension shall be entitled to an appeal to the Village Manager in the manner provided by this title. Any written request for appeal shall be filed with the Village Manager within 15 days following the issuance of the notice.
(d) If, upon re-inspection, the Director of Community Development or his designee finds that the location in connection with which the notice was issued is now in compliance with this article and with the applicable ordinances, rules and regulations, a recommendation of the reinstatement of the license may be made to the Village Manager.
(e) When the Director of Community Development or his designee determines after an initial inspection that additional follow up inspections are necessary for enforcement of this article, two additional follow up inspections for noncompliance shall be granted each license holder without charge. In the event more than two follow up inspections are needed, the license holder shall be assessed a noncompliance inspection service charge in the amount of $60 per division/inspection type required to make the re-inspection. Payments must be made in full prior to the license being renewed. Failure to pay any balance will serve as grounds to deny further permits or licenses from being issued by the village.
(H) The owners and their designated property agents shall be responsible for informing their tenants of any scheduled inspection or re-inspection of any residential rental property; and they shall be responsible for requesting permission from any person whose consent is necessary for village inspector to enter the property if that person is not home at the time of the inspection or re-inspection. The village shall provide notice to both the owner and the tenant, on a form provided by the village, of the tenant's right to refuse consent to the residential licensing inspection and to require the village to obtain an administrative search warrant. If any tenant, occupant or other person in control and/or possession and whose consent to inspect is necessary concerning a residential rental property or a dwelling unit contained therein fails or refuses to consent to access and entry to the property or dwelling unit under his or her control for any residential licensing inspection required by this article, the code official or his or her designee may apply to the circuit court for an administrative search warrant. The application for the administrative search warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection shall be limited to a determination whether there are any violations of the minimum standards of the village. Nothing set forth herein shall limit the right of a tenant to grant the village access to the dwelling unit.
(Ord. 2014-09-46, passed 9-15-2014; Ord. 2016-06-28, passed 6-6-2016)