All owners of dwelling rental units shall comply with the provisions of this crime free multihousing program. An owner may designate a property manager to obtain compliance on his behalf. However, the owner remains responsible for compliance with this program.
A. Attendance: Any owner of property, which property is being rented out for residential purposes shall attend and complete the city of Des Plaines crime free multihousing program seminar. The owner, agent or designee shall attend the seminar prior to obtaining or being issued a city of Des Plaines residential rental property license. Any current license holders shall have until January 1, 2010, to attend the city of Des Plaines crime free multihousing program.
B. Time Limit: A property manager shall be considered an agent of the owner. If a new manager is hired, the new manager shall have three (3) months after hiring to attend the city of Des Plaines crime free multihousing program seminar.
C. Record Of Attendance: The crime free multihousing coordinator, as designated by the chief of police, shall provide the director of community and economic development with a list of owners, agents and/or designees who have attended the city of Des Plaines crime free multihousing program seminar, with the date of attendance and verification that the owner, agent or designee has complied with this section.
D. Crime Free Lease Addendum: Any owner, agent or designee of residential rental property must utilize a crime free lease addendum or have a clause in the lease similar to a crime free lease addendum for any leases executed after January 1, 2010. The crime free multihousing coordinator shall provide, at no cost, samples of the crime free lease addendum and shall review any clauses within actual leases with the city legal division to determine if the clause is similar to the crime free lease addendum. The purpose of the clause is intended to make criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of the renter) a lease violation. Violation of the clause shall be grounds to initiate an eviction proceeding as specified in the Illinois Compiled Statutes forcible entry and detainer statutes. For the purposes of this section, proof of criminal violation shall be by a preponderance of the evidence.
E. Nuisance Residential Rental Property: It is hereby declared a nuisance and to be declared against the health, peace and comfort of the city for any property owner, agent, or manager to allow or permit the following: 1) rental of a residential unit, or residential building within an apartment community or governed by a homeowners' association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant household, guest or other party under control of the tenant to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, child pornography, storage or manufacture of harmful materials, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois controlled substances act, violation of the cannabis control act or commission of any two (2) or more of any other crimes under the state of Illinois or under the federal government not specifically listed above; 2) rental of a residential unit, or residential building within an apartment community or governed by a homeowners' association to a tenant who allows said property to be deemed a chronic nuisance property as set forth in title 5, chapter 4 of this code. (Ord. M-19-13, 10-7-2013)