(A) Purpose. The RRA License Inspection and Property Maintenance Program (hereinafter referred to as "the Program" in this section) was established to prevent and abate nuisances and to protect the public health, safety, and welfare of the citizens of the village by increasing the likelihood that residential rental units in the village comply with the minimum housing standards contained in the village code and providing for the correction and prevention of housing conditions that adversely affect, or are likely to adversely affect, the life, safety, general welfare and health, including the physical, mental and social well-being of the persons occupying the dwellings. The Program was also established to protect the character and stability of residential areas by facilitating the enforcement of minimum standards for the maintenance of existing residential buildings and preserving the value of land and buildings throughout the village.
(B) (1) Registration required. All residential properties that are rented in whole or part shall file a registration statement for each rental property with the Village Clerk within the earlier of 30 days from the effective date of this section or within 30 days of purchase or conversion of such property to rental purposes. The registration statement shall be prima facie evidence that the statement is true. The registration statement shall be on a form provided by the Village Clerk and shall contain the following:
(a) The name, address and telephone number of the owner(s), operators, and rental managers of the residential rental property. If an owner, operator or rental manager is a partnership, corporation, limited liability company or similar entity, the statement shall include the name, address and telephone number for all general partners, managers or officers and the name, address and telephone number of a person who is designated to receive notices from the village relating to the rental property. The person designated shall be authorized to receive service of process on behalf of the owner, operator or rental manager;
(b) When the owner is a land trust, the statement shall include the name, address and telephone numbers of each person holding a beneficial interest in the land trust; and
(c) The street address and permanent index number of residential rental, property and the number of dwelling units in the residential rental property.
(2) For the purpose of this section, a post office box is not sufficient as an address. Only one registration statement is required for each multi-family rental residence provided the names of all owners, operators and rental managers are listed in the registration statement. It is a violation of this section for any person to submit a registration statement which contains false information or incomplete information which is intended to be misleading.
(C) Inspections. All residential rental property must meet the minimum living standards for the safety and protection of the tenants as set forth in the village code. The scope and objects of inspections conducted pursuant to this section shall be limited to what is reasonably necessary to ensure that the common areas and rental units in residential rental property are in compliance with the village's building code, zoning code, electrical code, plumbing code and fire prevention code.
(1) Inspections of common areas. All common areas of multiple-family rental residences shall be subject to inspection by or on behalf of the village on a biennial basis (every two years) as provided in this section. Common areas include, but are not limited to hallways, mechanical rooms, building exteriors and roofs, basements, storage areas, recreational facilities, accessory structures, exterior areas, including parking lots, and any other areas which may be designated as "common areas" in the rental agreement or any description or plan of rental property. Such inspections are limited to once every three years unless either division (C)(3) or (C)(4) of this section applies.
(2) Inspection for cause. Nothing in this section shall prohibit the inspection of the common areas of multi-family rental residences, more than every two years if the Building Inspector has received a complaint or otherwise has notice of a reasonable suspicion that the multi-family rental residence has one or more violations under this section. Nothing in this section shall preclude the inspection of a rental unit following the filing or making of a complaint with the Building Inspector or if the Building Inspector otherwise has notice or a reasonable suspicion that conditions within the rental unit may violate the village's building code, zoning code, electrical code, plumbing code and fire prevention code.
(3) Re-inspection. The village shall conduct re-inspections of common areas of multi-family rental residences and rental units following an inspection authorized under divisions (C)(1), (2) or (3) if the Building Inspector or his or her designated agent has found violations of the village code and has given the landlord, and/or occupant notice of the violations with a directive to correct those violations within a specific time.
(4) Issuance of certificate. The village shall issue a certificate of inspection to the owner or landlord if, after inspection, the common areas of a multi-family rental residence or a rental unit are in compliance with this section. The certificate of inspection for common areas shall be valid for two years following the date of issuance. The certificate of inspection for a rental unit shall be valid until such time as there is a change in occupancy.
(5) Denial of certificate. If the common areas of the rental property or rental unit is in violation of this section, the village shall mail by registered or certified mail, a written report of such violation(s) to the landlord or owner within 21 days of inspection. Except where the conditions resulting from failure of a common area or rental unit to comply with the requirements of an applicable village ordinance create a situation that poses an immediate danger to the safety or health of the public or persons who may occupy rental units in or be on the premises of the rental property, the village shall allow the landlord or owner not less than 21 days from the receipt of the report to correct the violations. The report shall state a re-inspection date. The village shall issue a certificate of inspection if the violations listed in the report are found to have been corrected upon re-inspection. If the violations are not corrected, a certificate of inspection will not be issued and the village may take whatever action is necessary to enforce compliance with the applicable village code sections and ordinances.
(D) Notice of inspection. The Building Inspector or his or her designated agent shall provide notice of the inspection of the common areas to the landlord. Notice of inspection for rental unit under divisions (C)(2), (3) and (4) of this section shall be provided to the occupant of the rental unit to be inspected, and the landlord if the occupant refuses consent to the inspection. An inspection shall be conducted only if a landlord and/or occupant have given their consent to the inspection by the Building Inspector or his or her designated agent. Notice of inspection shall be given to a landlord by either sending notice by registered or certified mail to the address of the person or entity designated in the registration statement or by hand delivery to the landlord. Notice shall be given to the occupants by registered or certified mail to the address of the rental unit to be inspected or by hand delivery of the notice to an occupant who is 18 years of age or older or by posting the notice on the front door of the rental unit. If the landlord refuses to consent to the inspection of common areas or if the landlord or occupant of a rental unit refuses to consent to the inspection of the rental unit, then the village shall obtain an administrative search warrant as provided in division (E) of this section.
(E) Warrant authorizing inspection without consent. If the appropriate consent as provided in division (D) of this section has not been given to enter or inspect the common areas of a rental unit, no entry or inspection pursuant to the Program shall be made unless a warrant allowing the inspection has been obtained from a court of competent jurisdiction.
(F) Registration fees.
(1) The biennial registration fee for all residential rental properties shall be as follows:
(a) Single-family residences: $100.
(b) Multi-family residences: $75 per unit.
(2) The registration fees shall be payable within 15 days of receipt of an invoice for such fees.
(G) Inspection fees. The biennial inspection fee for all residential rental properties shall be as follows:
(1) Single-family residences: $50.
(2) Multi-family residences: $100 plus $10 for each unit in excess of 16 units.
(Ord. 2290, passed 3-17-2016; Ord. 2337, passed 12-8-2016; Ord. 2345, passed 2-9-2017)