(A) Registration required. Effective 1-1-2010, it shall be unlawful for any person, individual, firm, trust, partnership, association, corporation or other legal entity to rent, lease or allow occupancy of any “dwelling unit”, as defined hereafter, for any consideration within the corporate limits of the village without first registering with the village, as provided in this chapter. (Exceptions: Registration requirements under this section shall not apply to the following: hotels, motels, bed and breakfast establishments, nursing homes, retirement homes, rest homes, assisted living facilities or dwellings owned or controlled by government agencies and public housing authorities.) The owner shall also be required to submit a copy of the written lease in effect at the date of registration.
(B) Validity. Registration is valid from January 1 until December 31 of the same year in which issued. No registration shall be valid for a period exceeding one year.
(C) Inspection required. Registered residential rental units shall be inspected by an employee or agent of the village for compliance with the Municipal Code. No person shall lease, let or otherwise allow in exchange for any consideration the use of any property for residential purposes, hereinafter “rental dwellings”, within the village, unless that property has been inspected by employees or agents of the village. After the initial inspection, following the effective date hereof, which must not reveal any violations presenting an imminent threat to the life, health and/or safety of the residents of the rental dwelling, a rental dwelling may continue to be leased until the next mandatory inspection.
(D) Inspections authorized.
(1) The village is hereby authorized and obligated to conduct inspections of any and all rental dwellings, or units thereof, within the village to determine compliance with the standards and regulations set forth in this code, as amended.
(2) The employees and agents of the village are hereby authorized to enter, examine and survey all rental dwellings within the village. All inspections shall occur at reasonable hours, except in emergency situations where the life, health and/or safety of any individual is threatened.
(E) Frequency, access for and notice of inspection.
(1) All rental dwellings shall be inspected by the employees or agents of the village at least once every 24 months. 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;
(b) A complaint lodged by the resident(s) of the rental dwelling to be inspected;
(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 village 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 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 120 hours in advance of such inspection except in those situations described in divisions (E)(1)(a) and (E)(1)(b) above.
(4) Notice of inspection shall be provided to both the owner or owner’s agent and occupant and may consist of a letter sent by first class mail, personal service, telephone call or, for occupants only, the posting of a door hanger upon the doorknob of the rental dwelling. The form of notice shall be the village’s sole discretion; provided, however, the form used substantially achieves the purpose of this “notice” requirement. Where a rental dwelling is occupied by more than one person, notice to one occupant shall be deemed notice to all occupants of the rental dwelling.
(F) Identification of rental dwelling and designation of owner’s agent.
(1) Any person owning, managing or supervising any rental dwelling shall, within 30 days of assuming ownership, management or supervision of any rental dwelling inform the village on a form approved by the village of such residential dwelling.
(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 or her behalf. Every owner shall notify, in writing, the village 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 a 75-mile radius of the municipal limits of the village. An owner of a rental dwelling may act as his or her own agent; provided, he or she meets the residency requirements set forth herein.
(G) Occupants to provide access for inspections and compliance with code.
(1) Each and every occupant of a rental dwelling shall give the owner thereof, his or her agent, or employee or agents of the village 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 or her agent or his or her 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.
(H) Fees.
(1) Annual fees for registration of any rental dwelling pursuant to this chapter shall be $100 per dwelling unit, as defined in hereafter. Should violations of the standards and regulations of this code be found and not be corrected by the time of the first reinspection, the owner shall be subject to a fee of $50 for the second reinspection and each subsequent reinspection until such violation is corrected.
(2) Any reinspection fees remaining unpaid after two weeks shall be a debt due and owing the village and, as such, may be collected in accordance with applicable law. In addition, the owner shall also be responsible for the villages’ cost of collection, including court costs and reasonable attorney fees.
(I) Dwelling unit. DWELLING UNIT shall be defined as any room or group of rooms located within a dwelling forming a single habitable unit with facilities which are used, designed or intended to be used for living, sleeping, working and eating.
(J) Penalty. Any person who violates any provision of this section shall be subject to a fine of not less than $50, nor more than $750, for each offense, unless specified otherwise within this chapter. A separate offense shall be deemed committed on each day that a violation continues. All violations of this section are hereby determined to be a nuisance which may be abated or enjoined by the village. Nothing in this section shall exempt the village or any person from seeking civil remedies against any person who is in violation of this section.
(K) Preservation of other rights and penalties. This section shall not be construed so as to restrict the right of the village to inspect any property, nor to seek penalties for violations of other provisions of this code.
(Ord. 09-O-14, passed 7-9-2009; Ord. 09-O-31, passed 12-17-2009)