(A) Inspection required.
(1) Except as hereinafter provided, no person shall lease, let, or otherwise permit occupancy of any rental dwelling within the geographical boundary or jurisdiction of the city, unless the rental dwelling has been inspected by an authorized the city Building Inspector and an occupancy permit has been issued for the property.
(2) Any person who leases to another any rental dwelling on or before the effective date of this chapter may continue leasing said rental dwelling without an inspection and a certificate of occupancy for a period of one year from the effective date of this chapter.
(B) Inspections authorized.
(1) The Johnston City Building Inspector is hereby authorized to conduct inspections of any and all rental dwellings, or units thereof, within the city to determine compliance with this code, including this chapter.
(2) The employees and agents as named by the city or Building Inspector are hereby authorized to enter, examine and survey all rental dwellings within the city pursuant to access as stated in this chapter.
(C) Frequency, access and notice of inspection.
(1) All rental dwellings shall be inspected by the Building Inspector or employees or agents of the Building Inspector at least once every year and prior to the execution of a new agreement. Inspections may occur more frequently provided there is:
(a) Reasonable suspicion to believe that there exists within such rental dwelling conditions which present a threat to the health, safety, welfare or general comfort of the resident(s) of such rental dwelling; or
(b) A complaint lodged by the resident(s) of the rental dwelling to be inspected; or
(c) A request made by a prospective resident accompanied by the consent of the owner (or owner's agent) of the rental dwelling to be inspected; or
(d) A request made by the owner or owner's agent.
(2) Every owner or owner's agent of any rental dwelling shall provide access to such rental dwelling, or any unit thereof, to the employees or agents of the Building Inspector for purposes of inspecting the rental dwelling or unit thereof for compliance with all applicable standards and regulations set forth in this code, as amended. Either the owner, the owner's agent, or the occupant shall be offered the opportunity to accompany the inspector during the inspection.
(3) Notice shall be given to the owner or the owner's agent and the occupant of the rental dwelling or unit thereof at least seven days in advance of such inspection except in those situations described in division (C)(1) of this section.
(4) Notice of inspection shall be provided to the owner, owner's agent and occupant and may consist of a letter sent by first class mail, personal service, telephone call, e-mail upon an owner's or occupant's request or, for occupants only, the posting of a door hanger upon the doorknob of the rental dwelling or unit thereof.
(5) The form of notice shall be given at the city's sole discretion provided the form used substantially achieves the purpose of this "notice" requirement. Where a rental dwelling or unit thereof is occupied by more than one person, notice to one occupant of each dwelling unit shall be deemed notice to all occupants of a dwelling unit.
(6) Notice of inspection to which an owner or occupant is entitled may be waived by said owner or occupant or agent thereof.
(D) Identification of rental dwelling and designation of owner's agent.
(1) Any person owning, managing, or supervising any rental dwelling shall with 90 days of the effective date hereof or within 30 days of assuming ownership, management or supervision of any rental dwelling, whichever date is later, inform the city so that the property registration is current.
(2) Every owner of any rental dwelling, or unit thereof, who does not reside on the premises of such rental dwelling shall appoint and designate an individual to act as an agent in his behalf. Every owner shall notify, in writing, the city, and each occupant of the rental dwelling, of the name, address and telephone number of the agent. Such written notice shall contain the signature of the agent accepting appointment and designation as agent of the owner.
(3) Any individual, who is appointed and designated as agent of the owner, shall reside within Williamson County, Illinois, or within a county which adjoins Williamson County, Illinois. An owner of a rental dwelling may act as his own agent provided he meets the residency requirements set forth herein.
(E) Occupants to provide access for inspections.
(1) Each and every occupant of a rental dwelling shall give the owner thereof, his agent, or employees, access to the rental dwelling, or unit thereof under their control, to conduct inspections authorized by this chapter.
(2) Each and every occupant of a rental dwelling shall give the owner thereof, or his agent or his employees, access to any part of such rental dwelling at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any standard regulation set forth in this code, as amended.
(F) Fees. A fee of $25 per inspection, per dwelling unit, shall be assessed against the owner for inspection of any rental dwelling unit pursuant to this chapter. For owners with multiple dwelling units, a maximum fee of $150 per parcel for multi-unit dwellings will be assessed (example: a four unit building - $100 total, Greater than six units on one parcel will be capped at a maximum of $150). Notice of the fee and mandatory inspection shall be served upon the owner by regular mail. The fee must be paid to the city in full prior to scheduling the mandatory inspection of the non-owner occupied dwelling. Once the inspection is complete and the dwelling is compliant with this chapter, the Building Inspector shall issue an occupancy permit.
(G) Occupancy permit.
(1) It shall be unlawful for any person to occupy and unlawful for any owner or agent to allow another person to occupy any rental dwelling unit unless the Building Inspector has issued a valid occupancy permit.
(2) The Building Inspector shall not issue an occupancy permit until a city authorized inspector has inspected the dwelling unit and the dwelling unit conforms to the requirements of this chapter.
(3) Upon a satisfactory inspection, the Building Inspector shall issue an occupancy permit and provide a copy to the city to be kept with the property registration.
(4) An occupancy permit shall be valid for one year from date of issuance unless sooner revoked; the existence of an occupancy permit for a dwelling unit shall not prevent inspection of a dwelling unit.
(H) Temporary occupancy permit.
(1) A rental dwelling or unit therein not in full compliance with this chapter may be occupied while repairs are being made if the Building Inspector has issued a temporary occupancy permit.
(2) No temporary occupancy permit shall be issued until the Building Inspector has inspected the dwelling unit and determined that the occupancy thereof does not constitute a serious hazard to the health or safety of the occupants as indicated by the inspection checklist. A temporary occupancy permit shall be valid for up to 30 days, and may be renewed only once upon written request.
(I) Revocation of permits.
(1) The Building Inspector, upon five-day notice to the owner and occupant in writing, may revoke any occupancy permit or temporary occupancy permit if:
(a) The Building Inspector determines that material information contained in the application for said permit is false;
(b) The occupant refuses to allow an authorized inspection of the premises at any time;
(c) The work authorized by a temporary occupancy permit is not proceeding;
(d) The occupant or owner fails to comply with a corrective action order or fails to maintain the property in compliance with this chapter; or
(e) The permit was issued in error by the Building Inspector.
(2) The five-day notice of revocation shall be served in the same manner as required for a corrective action order. During the five-day period the applicant or current permit holder may provide such information as desired by the applicant or permit holder to the Building and Inspection Department and fire department for consideration by the building and inspection department in the decision to revoke.
(J) Utilities not to be provided. The city may refuse to provide and/or may disconnect water and sewer service until or unless a valid occupancy or temporary occupancy permit is obtained and presented by the owner to the city's Water Department.
(K) Corrective action order.
(1) Whenever the Building Inspector determines that any occupancy or any dwelling unit, accessory structure, or other portion of premises is in violation of this chapter, it shall so notify the owner and/or occupant in writing, and order appropriate corrective action.
(2) Contents of order. The order to take corrective action(s) shall include the following information:
(a) A description of the premises sufficient for identification;
(b) A statement indicating the nature of the violation;
(c) A statement of the remedial action (repairs, reduced number of occupants, etc.) necessary to effect compliance;
(d) The date (at least five days unless an emergency condition) by which the violation must be corrected; or
(e) A statement that if the violation is not corrected, the occupancy permit may be revoked, a complaint for violation issued, and/or the property may be declared unfit for human habitation with attendant consequences. If a corrective action order has been served as provided herein, no additional notice of revocation is required to be given.
(L) Service of order. The corrective action order shall be deemed properly served upon the owner, agent, or occupant if it is served upon each personally or sent by registered or certified mail to the last known address of each with service being effective upon deposit in the mail posted in a conspicuous place on or about the dwelling or premises.
(M) Access by owner or operator.
(1) The occupant(s) of every dwelling unit shall give the owner or operator, or his agent or employee, free access thereto at any reasonable time in order to allow him to make any inspection, alteration, maintenance, or repair necessary to effect compliance with this chapter.
(2) It is unlawful for any person to occupy or let or hold out to another for occupancy any dwelling unit for the purpose of living therein, where such dwelling unit does not comply with the steps required by the corrective action order.
(Ord. 03-17, passed 4-25-2017)