(A) Every owner or landlord of rental property shall, prior to permitting occupancy thereof by any person (or, within 60 days of the enactment of this chapter) register the property with the Code Enforcement Department, or its designee, on forms or other manner as directed. A separate registration is required for each rental property. Registration shall be required annually becoming due on the anniversary date of the initial obligation to register.
(B) Registration pursuant to this section shall contain the name(s), direct mailing address, a direct contact name, telephone number, and e-mail address for the owner and/or landlord, and, if the owner and/or landlord does not reside within 50 miles of the rental property, the name and 24-hour contact phone number for the property manager. The registration shall also identify the name(s), direct mailing address, a direct contact name, telephone number, and e-mail address for the all persons authorized by the owner and/or landlord to occupy the rental property.
(C) At the time of initial registration, each registrant shall pay a non-refundable annual registration fee of $100 for single family, $150 for two to four units, $200 for five to 12 units and $300 for 13 units or more. Subsequent non-refundable annual registrations as required by this section are due within ten days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement; (2) code enforcement and mitigation related to rental properties; (3) and for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be deposited to a special account in the village's department dedicated to the cost of implementation and enforcement of this chapter and fulfilling the purpose and intent of this section.
(D) Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration within ten days of the change.
(E) If the rental property is sold, the new owner or landlord is subject to all the terms of this section. If the new owner does not immediately occupy the property, the new owner shall register the rental property or update the existing registration within ten days of the sale. If the new owner does not intend to offer the property for rent and the property is not immediately occupied, the property is subject to registration under § 161.05 Inspection and Registration of Real Property that is Vacant for as long as the property meets the requirements of that section. Any and all previous unpaid fees, fines, and penalties at the time initial registration and/or renewal registrations were required and are subject to enforcement per this section. The previous owner or landlord will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner and/or landlord's involvement with the rental property. The provisions of this section are cumulative with and in addition to other available remedies. Moreover, the village is authorized and empowered to collect on the previous owner and/or landlord's non-payment of previous fees, fines, and penalties in any lawful manner.
(F) If the rental property is not registered, or either the registration fee or the renewal fee is not paid within 30 days of when the registration or renewal is required pursuant to this section, a late fee equivalent to 10% of the registration fee shall be charged for every 30-day period, or portion thereof, the property is not registered and shall be due and payable with the registration. This section shall apply to the initial registration and registrations required by subsequent owners and/or landlords of rental property. Registrations delinquent greater than 30 days are also subject to additional fines as described herein.
(G) Failure of the owner or landlord of record to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this section and shall be subject to enforcement by any of the enforcement means available to the village.
(H) In registering a rental property, the form will indicate that submission grants the village the authority to issue trespass warnings to individuals who cannot demonstrate written authorization to be on the rental property, including any common areas related to the rental property. The landlord or owner can opt out of or revoke the village's authority to issue a trespass warning by notifying the village on the registration form or in writing, directed to the Sheriff, code enforcement, Village Council or special magistrate.
(I) If any property is in violation of this section the village may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to the property into compliance.
(J) Registration of a rental property does not alleviate the owner and/or landlord from obtaining all required licenses, permits and inspections required by applicable code or state statutes.
(Ord. 4427, passed 9-21-2020)