(A) Enforcement Officer duties. The Building Inspector of the city and inspectors or authorized designees, are hereby authorized and directed by the city to administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
(1) To inspect dwellings, accessory structures, and residential premises in accordance with this chapter;
(2) To take appropriate actions to correct violations of this chapter;
(3) To review and issue applications for occupancy permits and temporary occupancy permits;
(4) To maintain up to date records of all matters pertaining to the administration and enforcement of this chapter;
(5) To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on these matters to the city council and city attorney;
(6) To provide information to the general public on matters related to this chapter;
(7) To attend the applicable meetings of the city council, any court hearings concerning this chapter, and to cooperate with the corporate authorities, including the City Attorney's office;
(8) To prepare an occupancy permit application form, inspection checklist, and certificate of occupancy;
(9) To make surveys in any area of the city to determine the general condition of structures used for human habitation, the extent of any deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, the extent of overcrowding and land use, and any other matters relating to the provision and requirements of this chapter;
(10) To perform such other duties as the corporate authorities may from time to time prescribe.
(B) Inspections.
(1) In order to safeguard the health, safety, and welfare of the public of the city, inspectors are hereby authorized to make exterior and interior inspections of all dwellings, dwelling units, rooming houses, rooming units, hotels, motels, multiple dwellings and premises, when the same shall appear necessary to determine the condition thereof and the compliance or noncompliance with the provisions of this chapter.
(2) Immediate access to and entry to any such dwelling, dwelling unit, rooming house, rooming unit, hotel, motel, multiple dwelling or premises, shall be afforded any such inspector in the case of an emergency determined by the Building and Inspection Department or Fire Department to exist.
(3) No such access and entry shall be required, however, unless such inspector shall first identify himself and request entry; and exhibit his badge or other visual identification to any person entitled to the same who requests said identification.
(4) Every owner, owner's agent, an occupant of a rental dwelling(s) shall provide access to the rental dwelling(s) as required. If any owner or occupant of a dwelling unit fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the Building Inspector may petition and obtain an administrative search warrant.
(5) Whenever inspections of any non-owner occupied dwelling units are made and there are no violations, a certificate of occupancy shall be issued to the property owner or owner's agent and shall be made available by the owner or the owner's agent to tenants and prospective tenants.
(6) If upon subsequent inspections, violations of this chapter are found, the certificate of occupancy shall be surrendered to the city, and if not surrendered it may be revoked or will result in a minimum fine of not less than $250 and no more than $750.
(C) Notice of violations. Except as otherwise provided in this chapter, in those instances where the Building Inspector determine that there exists a violation of this chapter, written notice of violation shall be given to the owner or the owner's agent and the occupant of the rental dwelling or unit. Such written notice shall state the alleged violation and a legal description or local address of the structure in violation. It shall state that such violation must be corrected within a reasonable time period specified by the Building Inspector based on the nature and severity of the violation. Such notice may be personally served on the person to whom addressed or may be sent by first class, registered, or certified mail, to the last known address of the addressee; such service by mail shall be deemed to have been served at the time of the deposit in the mail thereof. Service shall also be made by posting a placard copy of such notice in a conspicuous place in or about the building, structure or premises in question. Notwithstanding anything to the contrary, notice may be given in any other manner permitted by law in the service of process in civil cases.
(D) Unfit dwelling units. In addition to any other rights and powers granted to the Building Inspector under the provisions of this chapter may designate and find unfit for human habitation any dwelling, dwelling unit, rooming house, hotel, motel, rooming unit, multiple dwelling or premises and may so placard the same, in the manner described in division (C) of this section upon determining that one or more or all of the following conditions exist:
(1) The building, structure or premises lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or of the public;
(2) The building, structure or premises is damaged, decayed, unsanitary, unsafe or vermin infested in such a manner and to such extent as to create a serious hazard to the health and safety of the occupants or of the public;
(3) The building, structure or premises, because of the location thereof, the general conditions existing, the state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to the health and safety that it creates a serious hazard to the health and safety of the occupants or of the public.
(E) Notice of intent to vacate. Whenever the Building Inspector determines that a dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling, is unfit for human habitation as provided in division (D) of this section, it shall include such findings within the notice of violations provided for in division (C) of this section, and it shall also include a statement of its intent to vacate and placard the dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling, if compliance with the provisions of the notice of violation has not been secured.
(F) Order to vacate. Whenever a notice of violation, as provided for under division (C) of this section, has not been complied with the Building and Inspection Department or Fire Department may order the dwelling to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator or the occupant, as provided in division (C) of this section.
(G) Vacating an unfit dwelling. Any dwelling or dwelling unit, rooming house, rooming unit, or multiple dwelling designated as unfit for human habitation pursuant to division (D) of this section and ordered vacated as provided in division (F) of this section, shall be vacated within such reasonable time as the Building and Inspection Department or Fire Department may specify in the order. No such dwelling, dwelling unit, rooming house, rooming unit or multiple dwelling shall again be used for human habitation and the placard removed until written approval is secured from the Building and Inspection Department or Fire Department.
(H) Vacated dwellings made secure. The owner, agent, or operator of any dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling shall make such dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling safe and secure in whatever manner the Building and Inspection Department or Fire Department shall deem necessary. Any vacant building open at a door or window or other unenclosed opening shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
(I) Power to act in emergencies. Notwithstanding the notice of violation provisions of this section, as provided by division (C) of this section, whenever the Building and Inspection Department or Fire Department, at any time, shall determine that a violation of this chapter exists and that such violation is of such a nature as to require immediate action to abate a hazard or immediate danger to the health, safety, morals or welfare of the occupants of any building or structure or of the public, the Building and Inspection Department or Fire Department may issue an order citing the violation and ordering the immediate abatement or removal or correction of such hazard or danger as the Building and Inspection Department or Fire Department appears necessary and proper. Such order may include, but is not limited to, an order to vacate the building, structure or premises in question. Any order issued under the provision of this section shall be and become effective immediately upon the issuance thereof. The powers granted by this section shall be in addition to any and all other rights and powers granted by law.
(J) Records. All requests to inspect and/or copy records or documents prepared, maintained and under the control of the city shall be made in accordance with Illinois Freedom of Information Act.
(Ord. 03-17, passed 4-25-2017)