(A) Definitions. As used in this section, the following terms and phrases shall have the following meanings unless the context clearly indicates or requires a different meaning.
BUILDING OFFICIAL/INSPECTOR. The City of Galena Building Official/Inspector or his/her designee.
EGRESS. A continuous path of travel from any point in the building or structure, to the open air outside, at grade level, consisting of:
(a) The way of exit access;
(b) The exit; and
(c) The means of discharge from the exit.
EXIT. A continuous and unobstructed means of egress to a public way; including intervening aisles, doors, doorways, corridors, exterior exit balconies, ramps, stairways and exit passageways.
NUISANCE. Each of the following shall be defined as a nuisance:
(a) Any public nuisance known at common law or in equity;
(b) Any attractive nuisance which may prove detrimental to persons whether in a building, on the premises of the building, or upon an unoccupied lot.
(c) Whatever is dangerous to human life or is a menace to the public health, welfare or safety as determined by the Building Official/Inspector.
(d) A building that is structurally unsafe, unsanitary, not provided with adequate safe ingress, constitutes a fire hazard, otherwise constitutes a hazard by reason of inadequate maintenance, dilapidation, obsolescence or abandonment or is in violation of any applicable technical code adopted by the city under § 150.07.
(e) Uncleanliness to the risk of unhealthiness, as determined by the Building Official/ Inspector.
PERMANENT RESIDENT. Any person who occupies or has the right to occupy any dwelling unit or rooming unit for at least 30 consecutive days.
PERSON. Any individual, firm, partnership, association, limited liability company, joint stock company, joint venture, public or private corporation, business trust, land trust or receiver, executor, trustee, guardian or other representative appointed by order of any court.
PREMISE. A lot, plot or parcel of land including the buildings and structures thereon.
RESIDENTIAL RENTAL UNIT. A single residential dwelling unit providing complete independent living facilities for one or more persons, including members of a single family and not more than three roomers unrelated to the occupying family, and including permanent provisions for living, sleeping, eating, cooking and sanitation, whether such unit is a duplex or other multi-family type of structure, that is offered for rent or lease. If such residential rental unit is part of a multi-family type of structure, any common areas of such structure shall, for purposes of this section, be considered to be part of the residential rental unit. RESIDENTIAL RENTAL UNITS shall include all of the following:
(a) Two-family dwelling (duplex) means a building containing two dwelling units.
(b) Multifamily dwelling means a building containing more than two dwelling units.
ROOMING UNIT. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.
SUBSTANDARD CONDITIONS. Any building or structure used for rental purposes shall be deemed and declared to be substandard under the following circumstances and when they do not comply with the minimum standards of the 2003 International Building Code, 2003 International Residential Code, 2003 International Mechanical Code, National Electric Code, Illinois State Plumbing Code, National Fire Protection Association Life Safety Code, 2003 International Property Maintenance Code, 2003 International Fire Code and 2003 International Existing Building Code, all as amended and revised:
(a) Inadequate sanitation. Inadequate sanitation shall include but not be limited to a:
1. Lack of an operable flush toilet,
2. Lack of an operable kitchen sink,
3. Lack of running water in each unit.
(b) Inadequate heating.
(c) Inadequate light/ventilation. Lack of minimum amounts of proper natural light and/or ventilation necessary for human habitation.
(d) Inadequate electricity. Lack of operable electric service, wiring or fixtures.
(e) Infestation of insects, vermin or rodents.
(f) Lack of connection to approved sewage disposal system.
(g) Inadequate garbage and rubbish storage facilities.
(h) Structural hazards. Structural hazards shall include but not be limited to the following:
1. Severely deteriorated foundations;
2. Severely deteriorated or defective flooring or floor supports;
3. Deteriorated walls, partitions or other vertical supports that split, lean, list or buckle;
4. Deteriorated or dilapidated ceilings, rooms, roof, support structures or other structural members which sag, split, lean or buckle;
5. Deteriorated fireplaces or chimneys which list, bulge or are in need of tuckpointing.
(i) Inadequate wiring.
(j) Inadequate plumbing.
(k) Inadequate mechanical equipment. All mechanical equipment, including furnaces and vents, shall be maintained in a good and safe operable condition.
(l) Faulty weather protection. Faulty weather protection shall include but not be limited to defective walls, roofs, windows and doors.
(m) Excessive occupancy. Occupancy by permanent residents that exceeds the maximum occupancy limit defined in this chapter or by any applicable code.
VACANT BUILDINGS. Dwelling units which are unoccupied and characterized by one or more of the following conditions:
(a) Are open to vagrants, vandals or children due to not being properly enclosed;
(b) Are not maintained by an owner or responsible party;
(c) Are not receiving public utilities;
(d) Are not occupied by any persons.
(B) Registration requirements.
(1) No person, except the owner of the premises, shall hereafter occupy any residential rental unit within the city without registering the same with the city as provided in this section. No person shall allow to be occupied or let to another person any residential rental unit or rooming unit within the city without registering such unit as provided in this section. Registration statements shall be filed with the city's Office of the Building Official and shall be on forms furnished for that purpose. The registration statement shall specifically require the minimum following information:
(a) Name, address and phone number of the property owner.
(b) Name, address and phone number of the designated local property manager if the owner lives more than 50 miles from the city.
(c) The street address of the property.
(d) The number and types of units located on the property.
(e) The maximum number of occupants permitted in each dwelling or rooming unit.
(f) The name, address and phone number of the person authorized to make or order repairs or services for the property, if in violation of city or state codes, if the person is different than the owner or local manager.
(2) Every owner of a dwelling who rents such dwelling, or part thereof, to other persons and who does not live within 50 miles of the city shall designate a local property manager or local agent when registering such dwelling under this section.
(3) Commencing September 1, 2005 every dwelling or rooming unit which is registered with the city for the first time under this division shall be inspected in accordance with division (H) below and shall meet all the requirements of the city property maintenance code.
(C) Manner of registering. Every owner shall register each dwelling unit annually. Registration shall occur between May 1 and August 31 of each year. Registration shall be filed with the office of Rental Housing Inspector of the city by the property owner or local property manager.
(D) Transfer of property.
(1) For any property subject to the section, within 30 days after any transfer of ownership or execution of a contract to purchase which requires the contract purchaser to assume the obligations of an owner, the new owner or contract purchaser shall file an amended registration statement with the new Office of Building and Zoning of the city.
(2) The registration requirements of this section shall not apply to the owner of any residential dwelling unit occupied by such owner which has been listed or advertised for sale and which is rented by such owner while seeking a purchaser for such premises or pending the closing of a sale for such premises; provided however, that no such rental of the premises shall be for more than 12 months.
(E) Registration fee. The fees schedule below shall be the charge per dwelling or building for any premises.
(1) Every owner shall pay an annual registration fee for every property required to be registered under this section in accordance with the following schedule:
(a) Duplexes $25.00
(b) Multiple-family dwellings with less than 10 units $50.00
(c) Multiple-family dwellings with 10 or more units $75.00
(2) The following premises are exempted from the payment of the fee provided in division (D) (1) above:
(a) Owner-occupied and renter occupied single-family dwellings.
(b) Nursing home facilities properly licensed as such by the state.
(c) Hotels, motels, lodging units, guest suites, guest apartments, bed and breakfast establishments and other facilities that do not rent to permanent residents.
(3) Every owner who fails to register every property required to be registered pursuant to division (B) above on or before August 31, of each year shall pay one and one-half times the registration fee provided in division (E)(1) above, if such property is registered by September 30 and two times such fee if the property is registered after January 30.
(F) Rental Housing Inspector. There is hereby created the position of Rental Housing Inspector. The duties of the Rental Housing Inspector shall be to administer this section and perform such other duties as the City Council may designate. The salary, hours and other terms and conditions of the Rental Housing Inspector's employment shall be fixed by the City Council.
(G) Maintenance of records. All records, files and documents related to or required by this section shall be maintained by the Office of the Building Official and made available to the public as allowed or required by state law or city ordinance.
(H) Inspection.
(1) Commencing on September 1, 2005, every dwelling which rents to permanent residents shall be systematically inspected for compliance with this section and all other applicable city codes. The Rental Housing Inspector shall inspect approximately one-third of the dwelling units required to be licensed under division (B) above each year.
(2) The provisions of this section shall not apply to:
(a) Owner-occupied dwellings or rented single-family dwellings.
(b) Dwellings, buildings or structures owned and operated by a nursing home facility property licensed by the state.
(c) Dwellings, buildings or structures licensed and inspected by the state or federal governmental or other local governmental agency, provided that the inspection is based upon criteria at least as strict as required hereunder and further provided that a copy of the inspection report is filed with the office of building and zoning.
(d) Hotels, motels, lodging units, guest suites, guest apartments, bed and breakfast establishments and other facilities that do not rent to permanent residents.
(3) When a nonresidential business or activity, or a state or federally licensed and inspected use occupies a portion of a building or premises which would otherwise be subjected to this section, the provisions of this section shall be applicable to the residential and common or public areas of such building or premises.
(4) On April 1, 2006 or such other date as the City Council may designate, and annually thereafter, the City Council shall review the effectiveness of the program established under this section and determine if such program shall continue for another year.
(I) Housing standards.
(1) Maintenance responsibilities of owner or operator. Every owner or operator shall maintain fit premises in accordance with the provisions of this code, all applicable building codes, including performance of the following duties.
(2) Repairs. The owner or operator of the premises shall make all repairs and otherwise do whatever is necessary to keep the premises in a fit and habitable condition.
(3) Pest extermination. Whenever pest extermination exists, extermination shall be the responsibility of the owner or operator.
(4) Owner or operator to clean units. No owner or operator shall permit occupancy of any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
(5) Maintenance of public area. Every owner or operator shall be responsible for maintaining in a safe and sanitary condition the public areas of the dwelling, unless there is an agreement between the owner and occupant to the contrary.
(6) Garbage disposal. Every owner or operator shall supply garbage containers which are adequate in number and have garbage and refuse removed from said containers and the premises.
(7) Hanging screens or storm windows. All units shall be equipped with screens or storm windows.
(8) Maintenance of building exterior. All owners or operators shall see that their buildings do not deteriorate, become blighted or dilapidated so as to become in violation of any applicable code.
(9) Nuisances. Prompt repair or removal of any nuisances as defined in division (A) above.
(10) Substandard conditions. Prompt repair or removal of any substandard condition as defined in division (A) above.
(J) Maintenance responsibilities of occupants.
(1) Every occupant shall maintain fit premises, including performance of the following duties:
(a) Rented unit. Each occupant of a rental unit shall keep it in a reasonable clean, safe and sanitary condition.
(b) Storage and disposal of garbage. Every occupant shall dispose of rubbish, garbage in a clean and sanitary manner by placing it in appropriate storage containers.
(c) Protection of premises. No occupant shall deliberately or negligently destroy, deface, damage, impair or remove a part of the premises or knowingly permit a person to do so.
(d) Disturbances. Every occupant shall conduct himself or herself in a manner that will not disturb a neighbor's peaceful enjoyment of their premises.
(2) Substandard buildings and dwelling units. It shall be unlawful for any person in the city to cause or continue the existence of any substandard rental unit.
(K) Frequency of inspections.
(1) Prior to the effective date of division (H) above, inspections shall be made on the basis of complaints received by the city. Except in cases where the public health or safety may be threatened, whenever a complaint is received, the city will provide 48 hours notice to the owner and any local property manager of an inspection to be made as a result of such complaint. In cases where the public health or safety allegedly is threatened, reasonable attempt shall be made to contact the owner or local property manager prior to the inspection.
(2) Commencing as provided in division (H) above, all dwellings subject to this section shall be inspected at least once every three years. Notice of the date of the inspection shall be given in writing to the owner and local property manager, if any, at least 30 days prior to the date of the inspection.
(3) It shall be the responsibility of the owner or the tenant to be present at the dwelling unit on the date and time of inspection to provide access for inspection.
(4) Neither the common areas nor the dwelling or rooming units in structures newly constructed shall be further inspected after the completion and issuance of a certificate of occupancy for a period of three years from the date of said certificate, unless a complaint is received concerning such premises. Thereafter such premises shall be inspected in accordance with the requirements of this section.
(5) Nothing in this section shall preclude the inspection of any premises subject to this section more frequently than every three years.
(L) Refusal to permit inspection.
(1) Where the tenant in an occupied dwelling, or, in the case of an unoccupied dwelling, the owner refuses to consent to the entry and inspection of a dwelling as provided in this division, no entry or inspection shall be made without the inspector obtaining an administrative search warrant from the Circuit Clerk of Jo Daviess County.
(2) An application for an administrative search warrant may be made for any appropriate reason including but not limited to:
(a) The inspector has reason to believe, based upon eyewitness account or a complaint from a citizen, tenant or other source of information; that a code violation exists in the dwelling sought to be inspected.
(b) Prevailing conditions in the general area within which the premises are located warrants inspection of the dwelling.
(c) The expiration of the three-year period referred to in division (K) above is approaching and re-inspection is, therefore, required in order to effectuate the rental housing inspection plan provided in this section.
(d) A dwelling is being rented, let, or let for occupancy, as described in division (M) below and the owner does not have a valid, current certificate of inspection for that dwelling.
(3) For each inspection carried out with an administrative search warrant, the owner shall be charged $250 per unit. This fee applies per inspection to the initial inspection and any re-inspections required to gain full compliance with provisions of this section.
(M) Inspection certificate required.
(1) If, upon completion of the triennial inspection, the premises are found to be in compliance with all applicable city codes and ordinances and other applicable laws, the proper registration statement is on file with the city and the appropriate registration fee has been paid to the city, the city shall issue a certificate of inspection for the premises.
(2) If, upon completion of the inspection, the premises are found to be in violation of one or more provisions of applicable city codes and ordinances or other applicable laws, the city shall provide written notice of such violations to the owner and to the local property manager and shall set a re-inspection date before which such violations shall be corrected. If such violations have been corrected within that period, the city shall issue a certificate of inspection for the premises. If such violations have not been corrected within that period, the city shall not issue the certificate of inspection and may take any action necessary to enforce compliance with applicable city codes and ordinances. During the period between the initial inspection and the re-inspection of the premises, the city may allow the continued rental of such premises unless the violations are so serious as to threaten the health or safety of the occupants.
(3) The registration fee set forth in § 150.25(E) entitles the owner to the once every three years initial inspection and one re-inspection per unit, if necessary to gain compliance with the provisions of this section. A $50 per unit fee shall be charged the owner for each re-inspection after the first re- inspection. The $50 per unit fee shall apply if the owner or tenant does not appear for a scheduled re- inspection or does not otherwise permit access to any unit scheduled for re-inspection.
(N) Request for inspection. The owner of any dwelling subject to this section may request inspections of such dwelling at any time.
(O) Certificate expiration.
(1) The certificate of inspection issued pursuant to this division shall expire three years from the date of triennial inspection; provided however, that if a re-inspection of the premises has not been completed prior to the expiration of the certificate of inspection, the dwelling covered by the certificate may continue to be rented and occupied until the re-inspection is completed and a new certificate of inspection is either issued or denied.
(2) The certificate of inspection shall have the expiration date prominently displayed on its face.
(P) Transferability of certificate. A certificate of inspection pursuant to this section shall be transferable to succeeding owners; provided, that the new owner shall register the premises as required by this section. The failure to properly register the premises as required by this section may result in the suspension or revocation of the certificate of inspection.
(Q) Certificate availability. Upon the request of an existing or prospective tenant, the owner or owner's agent shall produce the certificate of inspection.
(R) Notices and orders. Notice of violation; order of compliance. Whenever the Building Official/Inspector determines that there exists a violation of any provision of this code or any other applicable rule or regulation, he shall give notice of such violation to the person or persons responsible and shall order compliance. Each notice and order shall:
(1) Be in writing;
(2) Include a list of violations referring to the divisions of this sections or the applicable building codes being violated;
(3) Specify a time period not to exceed 30 days to begin the repairs, vacate the premises or demolish the premises;
(4) The notice of violation shall be delivered to the owner and occupant of the premises by delivering the same at the occupant's residence or the owner's place of business by certified mail, regular mail or in person.
(S) Enforcement of the order of the Building Official/Inspector. If any violations have not been corrected by the time allowed for said corrections, the Building Official/Inspector may initiate one or more of the following actions to insure compliance including but not limited to:
(1) Legal proceedings for the immediate correction of the violations;
(2) Revocation of any license;
(3) Causing the building to be repaired and the cost thereof recovered in the manner hereinafter provided by this code and all applicable laws;
(4) Upon written agreement granting a reasonable period of time from the date of the original notice and order to comply with the violations;
(5) Instituting proceedings to seek the demolition of the structure in accordance with all applicable laws;
(6) Requiring the dwelling to be vacated and not re-occupied until the repairs and improvements are completed, inspected and approved by the Building Official/Inspector.
(T) Appeal process. Any owner or other person aggrieved by any action taken by the city pursuant to this section or any applicable city code or ordinance, may request a review by or may make an appeal to the Building Board of Appeals. Upon receipt of the request or appeal, the Building Board of Appeals shall hear and consider the matter. An appeal must be taken within ten days from the city's action and shall be in writing addressed to the Building Board of Appeals. The owners shall have the right to appeal and be represented by counsel. The hearing shall be held within 45 days after a request is received by the Board. The Building Board of Appeals, after due and proper hearing, shall issue its order of decision and the decision may be further appealed in the manner provided by this section and state law.
(U) Other actions. Nothing in this section shall prevent the city from taking action under any applicable city code or ordinance for any violation thereof or limit the right or authority of the city to seek injunctive relief or other applicable legal remedy for any violation of such code or ordinance.
(Ord. O-05-05, passed 4-11-05; Am. Ord. O-07-04, passed 3-12-07)