(A) Inspections required for licensure. Units not made accessible for inspection (or otherwise not inspected) in accordance with this chapter shall be in violation of this chapter and shall not be licensed and are subject to license revocation. Systematic residential rental property inspections will be conducted annually. Inspections based upon complaints received will be conducted as received and determined as necessary by the city.
(B) Notice of inspection. Upon presentation of proper credentials, city authorized representatives may enter at reasonable times after giving notice to the landlord of any building, structure or land within the city to perform the duties imposed by this chapter. Reasonable notice for required scheduled inspections shall be defined as a minimum of ten calendar days' advance written notice. It shall be the responsibility of the landlord to notify the tenant(s) of inspection appointments, arrange access with the tenant(s) and provide access to all units. In the absence of the building landlord or landlord's agent, an adult at least 18 years of age must be present during the inspection.
(C) Residential rental property complaints. In the case of a complaint of a potentially life or health threatening condition(s) or a property maintenance violation from any source, the city may promptly inspect or investigate without prior notice; except that, notice of such inspection or investigation shall be provided to the landlord or agent as soon as reasonably possible.
(D) Inspection areas. Rental property inspections will include a physical inspection of the rental residential property including the interior of all rental units, building exterior, exterior structures such as garages and storage areas, common areas, basements/cellars, laundry areas, electrical, plumbing and storage areas, as deemed appropriate by the inspector/code enforcement official with the exception of personal items.
(E) Denial of access. Except in the case of an emergency, if a tenant or property owner denies an inspector access to a rental property, the Director of Building and Housing Department or his or her designee shall apply to the Circuit Court for the issuance of an administrative search warrant for inspections under this chapter.
(F) Time limit for compliance. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the inspector/code official. In establishing a compliance time frame, the inspector/code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The city shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following:
(1) Description of the property sufficient for identification;
(2) A statement listing the violations of applicable codes;
(3) The date upon which the licensing re-inspection will occur; and
(4) An explanation that if upon completion of the licensing re-inspection, the requirements of applicable city codes have not been met, it will be recommended to the Director of Building and Housing Department that the license be suspended or revoked.
(G) Immediate action. Notice of violations involving imminent danger to the life, safety, health, welfare and/or property of the landlord and/or tenants may be made by any means reasonably calculated to provide actual notice, which shall include, but not be limited to, personal delivery, registered or certified mail or posting of an appropriate notice on the premises.
(H) Occupancy denial. In the case of imminent danger or fire hazard, structural failure or danger of imminent collapse, interruptions or failures in plumbing, heating, electrical systems or other hazardous health situations, the city may order immediate repair or correction and may order the premises vacated pending such repair or correction.
(1) Units vacated under this division shall be posted with signs indicating that the unit has been determined to be illegal or, if applicable uninhabitable and that occupancy is prohibited until the rental unit has been inspected to verify that the violation has been corrected.
(2) Any person who defaces or removes a posted sign as described above without the approval of the city shall be in violation of this chapter.
(3) Any person, not the owner, who enters, occupies, uses or any person, including the owner, who permits others to enter, occupy or use the structure after such a posting shall be charged with trespassing. Each day the rental unit building or structure is entered, occupied or used following such a posting shall be considered a separate offense.
(I) Citation issuance. If, at the conclusion of the period established for corrective action, the violation has not, in the city's reasonable judgment, been satisfactorily corrected, then the city may issue citations in accordance with provisions of this chapter, suspend or revoke the license for the affected unit or units, and have the rental unit vacated. Citations for local municipal violations are adjudicated through the city's Municipal Housing Court.
(J) Time limit to vacate a building or unit. If notification has been presented to the landlord that the property is not properly licensed or that the license has been suspended or revoked, the rental property or properties shall be vacated within 60 days of notification by the city.
(1) If said property is not vacated within the 60-day period, the landlord will be responsible for all fines as set forth in this chapter. Citations will be issued with a mandatory court appearance. Fines imposed upon rental property owners who have initiated statutory eviction proceedings against tenant(s) pursuant to the crime-free program of this chapter shall be waived so long as such eviction proceedings are pending and being actively pursued. This waiver does not relate to fines resulting from property maintenance violations.
(2) Notification will be either personally delivered or mailed to the landlord or property agent as listed on the most recent registration application. This notice to the tenants and occupants will be posted:
1 You are hereby notified that the license for this structure has been revoked or the owner has failed to license this residential rental property pursuant to Chapter 121 of the Markham Code of Ordinances. 2 You must vacate this structure within 60 days of the date of this notice. 3 If you fail to vacate this structure, you will be in violation of this above referenced Code and subject to penalties and fines with a minimum of $250 and a maximum of $750 for each day you are found to be in violation with a mandatory court appearance.
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(Ord. 24-O-2388, passed 5-15-2024) Penalty, see § 121.99