A. Definitions:
MULTIPLE DWELLING UNIT:
1. Apartment; or
2. Condominium unit where more than one unit under common ownership within a single building is being offered as a rental property.
RENTAL PROPERTY: Any residential property, including single- family detached dwelling units, single-family attached units, or multiple dwelling units, that are rented for income or payment, in return for the right to occupy or use the property of another, either part of the year or all year, and are nonowner occupied.
SINGLE-FAMILY ATTACHED UNIT: Townhouse or condominium.
SINGLE-FAMILY DETACHED DWELLING UNIT: House.
B. License Required: No person shall utilize a single-family detached dwelling unit, a single-family attached unit, or a multiple dwelling unit, unless he holds a current unrevoked license issued by the department of community and economic development, in his name for the specific named single-family detached dwelling unit, or single-family attached dwelling unit, or multiple dwelling unit.
C. Period Of License: No license shall be granted for a period longer than one year, every license shall expire on December 31 following the date of its issuance, and no license shall be granted for a sum less than the full annual license fee except as qualified by subsection 4-2-8C of this title.
D. Requirements: The director of community and economic development, or his designee, is hereby authorized, upon application thereof, to issue new licenses for rental properties. No such license shall be issued unless the rental property, in connection with which the license is sought, meets the following requirements:
1. After inspection by the code official, the property is found to meet all applicable requirements of any codes adopted by the city pertaining to health and fire prevention and applicable rules and regulations adopted pursuant thereto, and all laws of the state regarding rental properties.
E. Application Form: No rental property license shall be issued or renewed unless the applicant owner or managing agent has first made application therefor on an application form provided by the department of community and economic development. Every application for a license shall contain the property owner's name, address and phone number. If the property is owned by a partnership, firm, or corporation, the application shall contain the name, business address, and phone number of each designated agent. If the property is in trust, the application must contain the name, address, and phone number of the trust and each of the trustees. Post office boxes will not be accepted.
F. Inspection: No rental property license shall be issued or renewed unless the applicant owner or operator agrees in the application to inspections pursuant to section 10-9-1 of this code as the director of community and economic development may require to determine whether the rental property for which such license is sought, is in compliance with the applicable provisions of this code and with the applicable rules and regulations adopted pursuant thereto.
G. License Fee: No rental property license shall be issued or renewed unless the complete application form is accompanied by payment of a license fee. License fees are set forth in section 4-18-1 of this title. A ten percent (10%) discount off the license fee will be given to those who successfully complete all three (3) certification levels of the Des Plaines crime free multihousing program.
H. Display Of License: Each license shall be displayed in the foyer or other conspicuous place within the common ways of the multiple dwelling units. Licenses for single-family detached dwelling units and single-family attached dwelling units need only be retained by the licensee.
I. Transferability: No license shall be transferable to another person, or to another rental property. Every person holding a rental property license shall give notice in writing to the department of community and economic development within twenty four (24) hours after having transferred or otherwise disposed of the legal control of any licensed rental property. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such rental property.
J. Record Of Repairs And Changes: Every owner or managing agent of a licensed rental property shall keep or cause to be kept an accurate record of all repairs, alterations, and equipment changes relating to the provisions of this code or to any rules and regulations pertaining thereto, and of all corrections made as the result of inspections by the code official. The owner when requested shall make such record available to the director of community and economic development. Every owner subject to this section shall be notified that such record may be used in administrative or judicial proceedings pursuant to the provisions of this code. The department of community and economic development shall, upon issuance of a license as required in subsection B of this section, advise the licensee of the necessity for such recordkeeping and the manner in which such record shall be kept.
K. Notice Of Violation: Whenever, upon inspection of the licensed rental property, or upon inspection of the records required to be kept by subsection J of this section, the director of community and economic development finds that conditions or practices exist which are in violation of any provision of any code adopted by the city or of any applicable rules and regulations adopted pursuant thereto, the director shall serve the owner with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violation(s) cited is corrected within a reasonable time period, the rental property license may be suspended or revoked.
L. Reinspection: At the end of the time the director of community and economic development has allowed for correction of any violation cited, the code official shall reinspect the rental property and if he determines that such condition(s) has not been corrected, the director of community and economic development may issue an order suspending the rental property license.
M. Crime Free Multihousing Seminar: Any owner, agent or designee may be required to attend the city of Des Plaines crime free multi-unit housing seminar at the request of the city manager based on the following considerations:
1. If the property rented by the owner is becoming a nuisance residential property as defined in subsection 4-17-3E of this chapter.
2. Criminal activity is occurring on the premises and the landlord has failed to initiate eviction proceedings.
N. Appeal, Suspension And Revocation Of License: Any person whose license for a rental property that has been suspended or revoked, shall be entitled to a hearing through the administrative hearings program. A hearing may be scheduled by sending a written appeal with grounds thereof pursuant to section 1-16-17 of this code. If no appeal is made, the director of community and economic development within ten (10) days following the issuance of the order of suspension or revocation, the license shall be revoked, except that prior to revocation any person whose license has been suspended may request reinspection, upon a showing that the violation or violations cited in the notice have been corrected.
O. Reinstatement Of License: If, upon reinspection, the code official finds that a licensed residential rental property, in connection with the notice issued is now in compliance with this code, and with applicable rules and regulations issued pursuant thereto, the code official shall reinstate the rental property license.
P. Conviction: If the licensee is convicted by a court or administrative tribunal of a violation of any applicable ordinance of the city in connection with the licensed rental property, then the license may be subject to suspension or revocation without further notice.
Q. Extremely Hazardous Conditions: In the event of a condition of extreme hazard to health or safety is found to exist, the code official may immediately suspend the license and post the property uninhabitable.
R. Penalty: Any person violating any of the provisions of this section shall be fined as set out in the general penalty in section 1-4-1 of this code for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. M-19-13, 10-7-2013)