(A) Certificate of compliance required. Except as otherwise provided in this section, a certificate of compliance shall be required prior to any sale or rental of any lot, dwelling unit, building, structure, improvement, or part thereof (hereinafter collectively referred to in this section as "property"). This certificate of compliance shall be based upon compliance of the property with the minimum standards for health and safety as prescribed by this chapter and with all other applicable building, housing, health and zoning ordinances and regulations of the Village.
(B) Application. The certificate of compliance shall be applied for by the owner, lessor, or authorized agent. The applications shall be made to the Building Director on such forms as they may prescribe. The application form shall include a statement that the owner or occupant has a right to withhold consent to a compliance inspection by the Village and require the Village to obtain a warrant to conduct the inspection and a statement that the Village must request and obtain the consent of the occupant of any occupied rental dwelling prior to conducting any inspection. The application shall include a space for the owner and/or occupant to indicate that the owner and/or occupant consents to a compliance inspection, or refuses consent.
(C) Contents of certificate. A certificate of compliance shall contain the following information, so far as it may be available:
(1) Street address;
(2) Zoning classification and authorized use of the property;
(3) Maximum allowed occupancy of any dwelling unit being sold or rented;
(4) Variances, exceptions, special use or conditional use permits and other pertinent legislative acts of record;
(5) Any zoning deconversion orders that have been issued;
(6) Parking regulations applicable to the property; and
(7) Whether the property is in compliance with all applicable codes of the Village.
(D) Inspections. The Building Director, after an application for a certificate of compliance has been made for a property to be offered for sale or rent, shall be responsible for seeing that the required or necessary inspections and reinspections of the exterior and interior of the property, and review of pertinent Village records relative to the property, are made by the appropriate Village personnel for the purpose of issuing a certificate of compliance. The interior and exterior inspection of the property shall include a review of the use of the property, whether any additional units and/or uses exist, the number of persons able to legally reside at the premises pursuant to the Village’s property maintenance code, whether the property is in conformance with all Village zoning and code regulations, and a determination as to whether the property may have been illegally converted. For purposes of this section, illegally converted shall mean that the property was converted to another or additional use beyond that for which the property was originally permitted and which is in violation of the Village’s zoning and/or occupancy limitations, as set forth in its fire and property maintenance codes; and is not a legal nonconforming use under the zoning regulations of the Village, as amended. Following inspection, the Building and Code Enforcement Department shall, where violations are found, furnish a report on the violations to the owner, lessor or other person in control of the property. In the event the inspection reveals that a property has been illegally converted, the Building and Code Enforcement Department shall issue a notice of deconversion, specifying the measures which must be taken in order to bring the illegally converted property into compliance with all applicable Village zoning and other codes. All dwelling units, buildings, structures, and improvements or parts thereof, except property containing less than 2 dwelling units used solely for residential purposes, must be inspected by the Fire Prevention Bureau prior to the issuance of a certificate of compliance.
(E) (1) Inspection fees. An inspection fee in accordance with the following schedule shall be charged in the case of a sale or lease of property except the lease of a single apartment in a building used solely for residential purposes.
(a) Vacant lots $25;
(b) 1-2 dwelling units $90;
(c) 3-6 dwelling units $150;
(d) 4-10 dwelling units $210;
(e) 11-20 dwelling units $250;
(f) 21-30 dwelling units $360;
(g) 31-40 dwelling units $450;
(h) 41-50 dwelling units $540;
(i) 51-75 dwelling units $690;
(j) Over 75 dwelling units $960.
(2) Buildings, structures, improvements and parts thereof not used for residential purposes which contain less than 10,000 square feet: $360, less than 1,000 square feet: $120;
(3) Buildings, structures, improvements and parts thereof not used for residential purposes which contain more than 10,000 square feet: $900;
(4) In case of the lease of a single apartment in a building used solely for residential purposes, the inspection fee shall be $30.
(F) Notice of intent to rent or sell. All owners, agents, brokers or any other individual or legal entity which has ownership or control over or represents as a listing or selling agent any residential property located within the Village shall, before selling the property, and within 5 days after the first real estate listing agreement is entered into and/or public notification of such intent to sell or rent is made, whichever shall occur first, notify the Building and Code Enforcement Department on forms to be provided by the Village of their intent to rent or sell the property.
(G) Requirements for issuance. No certificate of compliance shall be issued for any property unless each of the following criteria has been met;
(1) The Building and Code Enforcement Department has received notification as required by this section;
(2) The property has been inspected for compliance with all applicable Village building, housing, health and zoning ordinances and regulations and a report of the inspections and/or a notice of deconversion has been prepared, which report and/or notice shall be furnished to the owner, lessor or other person in control of the property which was inspected;
(3) A report from the Water Department is received by the Community Development Director which states that a final reading as to the amount due for water services has been made and that there are no unpaid water bills;
(4) The Building and Code Enforcement Department has verified that there are no other outstanding Village liens or judgments against the property;
(5) If property is found not to comply with the health, building, housing, zoning and other applicable ordinances and regulations of the Village, or is found to have been illegally converted, then an estimate of the cost of bringing the property into compliance shall be prepared by a person qualified to do the work necessary to bring the property into compliance. Where a license or permit is required or other standard is set by the ordinances of this Village or by other government regulations, the term "qualified" shall mean a person so licensed or who otherwise meets the required standards. Such qualified persons shall make available, upon request, copies of their licenses, verification of their liability insurance, errors and omissions insurance policies, and surety bond, if applicable. The estimate shall be in the form of an offer to perform the necessary work for a specified price and shall be subject to the review and approval of the Village Engineer; and
(6) No certificate of compliance shall be issued unless following the inspection required under division (G)(2) of this section, the property has been found to be in compliance with all applicable Village health, building, housing and fire codes, except that with respect to the sale of property, a conditional certificate of compliance may be issued pursuant to division (H).
(H) Escrow/conditional certificates of compliance. Property may be sold or rented hereunder by an owner who has not completed required repairs or deconversion identified through an inspection only pursuant to the following.
(1) If a sum of money equal to the estimated cost, as calculated pursuant to division (G)(5) above, of bringing the property into compliance has been deposited into an escrow account established with the Village for the purpose of paying the cost of any repairs and other work which must be performed in order for the property to be brought into compliance or if a performance or surety bond issued by a reputable surety company and naming the Village as obligee in an amount equal to the estimated cost of bringing the property into compliance is furnished to the Building Director. In cases where deconversion of an illegally converted property is required in order for a property to be brought into compliance, the sum of money required to be placed in escrow with the Village shall be $15,000 or 3 times the amount of the repairs and other work which must be performed in order for a property to be brought into compliance, whichever is higher.
(2) The buyer, conveyee, transferee, assignee or other successor in title, ownership or interest (hereinafter “buyer”) has entered into an escrow agreement with the Village whereby the buyer, in order to close, accepts responsibility for bringing the property into compliance and agrees to do so within 90 calendar days after the closing of the transaction (the “closing”). A buyer who elects to accept the property, subject to the inspection with existing violations or need to deconvert, and who enters into an escrow agreement as provided herein, shall acknowledge, as part of any such agreement, that the buyer is fully aware of the existing violations and/or need to deconvert, as well as the possibility of violations that may have existed but were unnoted or undiscovered due to lack of access, and agrees to accept the requirement and obligation to bring the property into compliance within 90 days of the closing. The seller is also required to sign the escrow agreement.
(3) Where the buyer enters into such an agreement, a conditional certificate of compliance shall be issued by the Village and shall terminate on the ninety-first day after closing. The Village shall issue a certificate of compliance upon completion of the repairs and/or other work necessary to bring the property into compliance. The buyer shall further agree to submit to the jurisdiction and venue of the Village administrative adjudication process and the Circuit Court of Cook County and to waive service of summons subject only to the notice requirements as required by law in order to enable the Village to expeditiously obtain an order of compliance with this section, if necessary.
(4) In the event the buyer fails to complete the required repairs, and/or have the repairs verified on reinspection, by the date of termination of the conditional certificate of compliance, the Building Director is authorized to pursue enforcement proceedings through the Village administrative adjudication process, or, at their discretion, through the Circuit Court of Cook County. The Village is further authorized to pursue any other administrative or judicial remedy in order to bring the property into compliance with applicable codes and regulations, including an order allowing the Village as Escrowee to release the funds to a contractor of its choosing to bring the violations into compliance. The Village shall be entitled to draw on the escrow or performance bond for the purpose of paying all costs associated with such enforcement proceedings, including, but not limited to, consultant fees, engineering fees, attorney fees and litigation expenses. Any and all costs of enforcement beyond the amount of the escrow are a debt due and owing the Village and may be recorded as a lien against the property if the balance beyond the escrow is not repaid to the Village within 30 days following written demand by the Village.
(5) Fine for failure to repair or deconvert. The fine for violations of this division (H) shall be not less than $100 nor more than $1,000 per day for each day the violations or illegal conversion remain uncorrected following the expiration of the 90 day period for correction following closing. The Village shall be entitled to draw on the escrow or performance bond for the purpose of paying any judgment amounts for fines under this division (H). Any judgment amounts beyond the amount of the escrow that remain unpaid following the time for payment and opportunity for judicial review are a debt due and owing the Village and may be recorded by the Village as a lien against the property.
(I) No warranty or guarantee. Inspections made pursuant to this section shall reflect the condition of the property only as of the date and time the inspection was made. In issuing a conditional certificate of compliance or certificate of compliance, the Village and its agents do not make any warranty or representation of any kind, nor do they intend to insure or provide any guarantee as to the condition of the property to either buyer or seller of the property, or to any of their designees, agents, representatives, heirs or assigns or any other interested party, including mortgage companies, insurance companies, banks or any other party which may have any interest relative to the property, nor does the Village affirm that there are no additional violations relative to any other provisions of the Village Code, zoning and other regulations, or relevant statutes, ordinances, rules and regulations of the County of Cook, the State of Illinois or the United States.
(J) Disclosure to buyers and lessees. Whenever property is inspected pursuant to this section, the owner, lessor or other person in control of the property shall furnish all buyers and lessees of the property with a copy of any inspection reports he or she has received from the Village. In the case of a sale, this shall be done prior to closing. In the case of a lease, this shall be done prior to the start of the term of the lease.
(K) Expiration of certificates of compliance and notices of violation and deconversion. A certificate of compliance shall expire and shall no longer be valid 90 days after the date it is issued. Certificates shall be renewed 1 time by the Director of Community Development upon application for renewal for an additional 90 days. Provided that there has been no change in the property as described in the certificate of compliance, such renewal shall be provided at no charge. Certificates of compliance may not be renewed more than once. A notice of violation or notice of deconversion shall be valid for 1 year toward the issuance of a certificate but shall become invalid after a certificate has been issued.
(L) Variation appeal procedure. A variation to the terms and conditions of this section may be granted in those cases where the plight of the owner or lessor is due to unique circumstances and where the variation, if granted, will not pose a danger to the health, safety or welfare of the residents of the Village, including any person who might occupy the property in question. A variation shall be granted only after a hearing before a board consisting of the Village Manager and the Building Director. This Board shall within 30 days after the hearing make a written recommendation to the Village Board which shall then have final authority to determine whether a variation from the terms of this section shall be granted.
(M) Authority to inspect.
(1) No inspection of any property shall be made for the purpose of determining compliance with the codes, laws and ordinances of the village, including a determination of whether a certificate of compliance shall be issued, unless either:
(a) A person in control of the property voluntarily agrees to permit the inspection; or
(b) An administrative search warrant has been issued by a court which authorizes the inspection.
(2) If a person in control of property which is otherwise sought to be inspected under this section refuses to permit the inspection, the Building Director shall apply for the issuance of an administrative search warrant which will authorize the inspection. Any application for an administrative warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination of whether there are violations of the Village’s building, housing, health and zoning ordinances and regulations, and whether there have been any illegal conversions. The Court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
(a) Eyewitness account(s) of violation(s);
(b) Citizen complaints;
(c) Tenant complaints;
(d) Plain view violations;
(e) Violations apparent from Village records;
(f) Property deterioration;
(g) Age of property;
(h) Nature of alleged violation;
(i) Condition of similar properties in the area;
(j) Documented violations on similar properties in the area;
(k) Passage of time since last inspection;
(l) Previous violations on the property; and
(m) Whether the inspection is part of an exterior/interior property inspection and code enforcement policy and program approved by the Village.
(3) If the court refuses to issue a search warrant to allow inspection of the property, or the Village chooses not to seek an administrative search warrant, then any other provision of this section notwithstanding, a certificate of compliance shall not be required prior to any sale or rental of the premises which occurs within 90 days from:
(a) The date the owner denied access for purposes of an inspection, provided the Village declined to seek a warrant to authorize an inspection; or
(b) The date the court refused to issue the search warrant. In such event, the Village shall advise the seller and, if possible, the buyer of the property that the property is “uninspected property”.
(N) Exempt transactions.
(1) For purposes of this section, the terms sale, sell, or sold shall not include:
(a) Transactions which encumber, but do not convey title to real estate or assign the beneficial interest in a land trust;
(b) Transactions in which the deed, without additional consideration, confirms, corrects, modifies or supplements a deed previously recorded; and
(c) Transactions in which the deed constitutes a release of an encumbrance.
(2) The requirements for an inspection or certificate of compliance do not apply to such transactions.
(O) Zoning and occupancy posters. At the time of obtaining the certificate of compliance, the property owner shall be given a poster by the Building and Code Enforcement Department which shall state the zoning classification, maximum occupancy, and any zoning and parking conditions governing the property. This poster shall be displayed prominently in a window on the ground floor facing the street on the property for sale or rent, in such a way that the poster is visible from the street.
(P) Listing and advertising disclosure requirements. Realtors or owners listing property for rental or sale in the Village are required to accurately and completely set forth the type of residence (single-family, two-unit, multi-family and the like), number of bedrooms, number of bathrooms, and square footage of rooms, maximum occupancy limits of the property based on the Village's fire and property maintenance codes, and zoning classification and zoning and parking conditions in any advertisement, brochure, description or publication offering the property for sale, including any listing on the Multiple Listing Service or any similar type of information service or source. For newspaper advertisements, square footage of rooms, maximum occupancy, zoning classification and zoning and parking conditions do not have to be included.
(Q) Deconversion amnesty program. The Village Manager, in consultation with the Building Director, may, in their discretion, from time to time, declare and publicize a temporary “amnesty period” relative to illegally converted properties within the Village as part of an overall effort to eliminate existing illegal conversions. During any period of declared amnesty for deconversions authorized by the Village, building permit fees may be reduced or waived pursuant to a set published schedule of fee reductions available to all property owners who own illegally converted properties and who are making various modifications for the purpose of deconverting the property. To participate in the amnesty program, a property owner must register with the Building and Code Enforcement Department and allow the Department to conduct a property inspection. Following the inspection, the Building and Code Enforcement Department shall provide the property owner with a written list of modifications that need to be made and/or violations that need to be remedied in order to successfully deconvert and bring the property into compliance with Village zoning, building and other codes and regulations. During the amnesty period, and for a period of 3 months afterward, provided work is being done under a Village-issued permit to deconvert the illegal occupancy, program participants shall not be cited for code violations related to the existing illegal conversion. Any amnesty program period shall be publicized by the Village through newsletters and other appropriate means. Property owners who take advantage of the reduced fees provided under an amnesty program and are later found to have caused an illegal conversion to again exist on the property will be subject to increased penalties under § 150.999.
(R) Fine for illegal conversion after issuance of certificate of compliance. It shall be unlawful to alter, modify, or reconvert a property to create an illegal conversion as defined in division (D) of this section after a deconversion has occurred or after receiving a certificate of compliance. Issuance of a certificate of compliance shall constitute prima facie evidence of the lawful use of the property as described in the certificate, including evidence that a deconversion has been completed. Any owner found to have altered, modified, or reconverted a property to create an illegal conversion following a deconversion by the owner or a previous owner, shall be subject to an enhanced fine of not less than $250 and not more than $1,500, with each day such illegal conversion exists constituting a distinct and separate offense.
(1997 Code, § 16.12) (Ord. 81-1, passed 3-12-1981; Am. Ord. 82-22, passed 11-23-1982; Am. Ord. C0-00-14, passed 11-20-2000; Am. Ord. C0-00-40, passed 12-4-2000; Am. Ord. C0-02-9, passed 4-1-2002; Am. Ord. C0-05-12, passed 4-18-2005; Am. Ord. C0-08-01, passed 1-15-2008; Am. Ord. CO-09-26, passed 8-4-2009; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2014-04, passed 1-21-2014; Am. Ord. CO-2021-21, passed 8-17-2021)