(A) Inspection Required. Except as hereinafter provided, no person shall lease, let, or otherwise permit occupancy of any rental dwelling within the City, unless the rental dwelling has been inspected by the Building and Inspection Department and Fire Department and an Occupancy Permit has been issued for the property. Any person who leases to another any rental dwelling on or before the effective date of this Article may continue leasing said rental dwelling without an inspection and a Certificate of Occupancy for a period of one year from the effective date of this Article. In addition, any owner who converts the usage of an owner occupied dwelling to a rental dwelling during the five year period subsequent to the effective date of this Article may lease said rental dwelling without an inspection and a Certificate of Occupancy for a period of one year from date of conversion of the owner occupied dwelling to a rental dwelling.
(B) Inspections Authorized.
(1) The Building and Inspection Department and Fire Department are hereby authorized to conduct inspections of any and all rental dwellings, or units thereof, within the City to determine compliance with the Revised Code of Ordinances of the City of Mt. Vernon, including this Article.
(2) The employees and agents of the Building and Inspection Department and Fire Department are hereby authorized to enter, examine and survey all rental dwellings within the City. All inspections shall occur at reasonable hours except in emergency situations where the life, health, and/or safety of any individual is threatened.
(C) Frequency, Access For And Notice Of Inspection.
(1) All rental dwellings shall be inspected by the employees or agents of the Building and Inspection Department and Fire Department at least once every three (3) years. 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; or
(b) A complaint lodged by the resident(s) of the rental dwelling to be inspected; or
(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 Building and Inspection Department and Fire Department for purposes of inspecting the rental dwelling or unit thereof for compliance with all applicable standards and regulations set forth in Mt. Vernon City Code, as amended. Either the owner, the owner’s agent, or the occupant shall be offered the opportunity to 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 five (5) days in advance of such inspection except in those situations described in subsection (C)(1)(a), (C)(1)(b), and (C)(1)(d) of this Section.
(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, email upon an owner’s or occupant’s request or, for occupants only, the posting of a door hanger upon the door knob of the rental dwelling or unit thereof. The form of notice given shall be at the City’s sole discretion provided the form used substantially achieves the purpose of this “notice” requirement. Where a rental dwelling or unit thereof is occupied by more than one person, notice to one occupant of each dwelling unit shall be deemed notice to all occupants of a dwelling unit.
(5) Notice of Inspection to which an owner or occupant is entitled may be waived by said owner or occupant or agent thereof.
(D) Identification Of Rental Dwelling And Designation Of Owner’s Agent.
(1) Any person owning, managing, or supervising any rental dwelling shall within ninety (90) days of the effective date hereof or within thirty (30) days of assuming ownership, management or supervision of any rental dwelling, whichever date is later, inform the Building and Inspection Department and Fire Department on a form approved by the City of such rental 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 behalf. Every owner shall notify, in writing, the Building and Inspection Department, the Fire Department, 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 Jefferson County, Illinois, or within a county which adjoins Jefferson County, Illinois. An owner of a rental dwelling may act as his own agent provided he meets the residency requirements set forth herein.
(E) Occupants To Provide Access For Inspections And Compliance With Article.
(1) Each and every occupant of a rental dwelling shall give the owner thereof, his agent, or employee or agents of the Building and Inspection Department and Fire Department access to the rental dwelling, or unit thereof under their control, to conduct inspections authorized by this Article.
(2) Each and every occupant of a rental dwelling shall give the owner thereof, or his agent or his 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 Article or with any standard regulation set forth in the Mt. Vernon City Code, as amended.
(F) Fees.
(1) A fee as provided within subsection (I) shall be assessed against the owner by the Building and Inspection Department for inspection of any rental dwelling unit pursuant to this Article. Notice of Assessment of the fee shall be served upon the owner by regular mail.
(2) Any inspection fees assessed by reason of an inspection initiated by the Building and Inspection Department and/or Fire Department remaining unpaid after thirty (30) days shall be a debt due and owing the City and shall be a lien upon the real estate and, as such, may be collected in accordance with applicable law. In the event a lien is filed with the Recorder of Deeds of Jefferson County, a reasonable attorney fee, an administration fee for preparation of the lien and the cost of recording shall be assessed and included as part of the lien. In the event the City incurs any attorney fees in enforcing any lien or in otherwise collecting any fee, all such reasonable attorney’s fees shall be paid by the party against whom collection is made.
(G) Occupancy Permit. Except as provided under temporary occupancy permits and as except provided within subsection (A) herein, it shall be unlawful for any person to occupy and unlawful for any owner or agent to allow another person to occupy any rental dwelling unit unless the Building and Inspection Department has issued a valid occupancy permit. The Building and Inspection Department shall not issue an occupancy permit until an inspector of the Building and Inspection Department and the Fire Department have inspected the dwelling unit and the dwelling unit conforms to the requirements of this Article. However, if an inspection is performed by another agency or financial institution and is submitted in writing to the Building and Inspection Department, if the Building and Inspection Department and Fire Department deem the outside inspection to be sufficient to comply with the requirements of the Article, the Building and Inspection Department can issue an occupancy permit based upon said outside inspection. An occupancy permit shall be valid for three years from date of issuance unless sooner revoked; the existence of an occupancy permit for a dwelling unit shall not prevent inspection of a dwelling unit.
(H) Temporary Occupancy Permit. A rental dwelling or unit therein not in full compliance with this Article may be occupied while repairs are being made if the Building and Inspection Department has issued a temporary occupancy permit. No temporary occupancy permit shall be issued until the Building and Inspection Department and Fire Department have inspected the dwelling unit and determined that the occupancy thereof does not constitute a serious hazard to the health or safety of the occupants as indicated by the inspection checklist. A temporary occupancy permit shall be valid for up to thirty days, and may be renewed once upon written request.
(I) Application for Permits.
(1) Every application for an occupancy permit or a temporary occupancy permit shall be filed with the Building and Inspection Department on a prescribed form. The application filing fee (which includes the initial inspection fee and one (1) subsequent re-inspection if required) for each occupancy permit or for the temporary occupancy permit, for each the initial permit or its renewal shall be Fifty Dollars ($50) per dwelling unit except that dwelling units sharing a common roof and foundation (e.g. multiple dwelling) shall pay a fee in accordance with the following schedule:
2—10 dwelling units | $38.00 per unit |
11—20 dwelling units | $35.00 per unit |
21 units and above | $30 per unit |
(2) An inspection fee of Twenty Five (25) Dollars per dwelling unit shall be paid and assessed for each inspection by the Building and Inspection Department and Fire Department for each inspection subsequent to the initial application inspection to and to one (1) re-inspection. All application fees shall be paid at the time of the application. Inspection fees shall be paid within thirty (30) days after assessed. Any fee not timely paid may be collected as provided within subsection (F) herein.
(3) Every application for any occupancy, temporary, or renewal permit shall include the name, address, and telephone number of the applicant and applicant’s relationship to property (i.e. tenant, owner, occupant); name, address, and telephone number of the owner; the address and general description of the premises to be occupied; and such other necessary information as may be required by City.
(J) Revocation of Permits.
(1) The Building and Inspection Department, upon 5-day notice to the owner and occupant in writing, may revoke any occupancy permit or temporary occupancy permit if:
(a) The Building and Inspection Department determines that material information contained in the application for said permit is false;
(b) The occupant refuses to allow an authorized inspection of the premises at any time;
(c) The work authorized by a temporary occupancy permit is not proceeding; or
(d) The occupant or owner fails to comply with a corrective action order or fails to maintain the property in compliance with this Article.
(e) The permit was issued in error by the Building and Inspection Department.
(2) The 5-day Notice of Revocation shall be served in the same manner as required for a Corrective Action Order. During the 5 day period the applicant or current permit holder may provide such information as desired by the applicant or permit holder to the Building and Inspection Department and Fire Department for consideration by the Building and Inspection Department in the decision to revoke.
(K) Utilities Not to be Provided. No utility company shall provide gas, or electric service until a valid occupancy or temporary occupancy permit is presented to said utility. The City of Mt. Vernon may refuse to provide and/or may disconnect water, sewer, and garbage service until or unless a valid occupancy or temporary occupancy permit is obtained and presented by the owner to the City’s Billing Services Department.
(L) Corrective Action Order. Whenever the Building and Inspection Department or Fire Department determines that any occupancy or any dwelling unit, accessory structure, or other portion of premises is in violation of this Article, it shall so notify the owner and/or occupant in writing, and order appropriate corrective action.
(1) Contents of Order. The order to take corrective action(s) shall include the following information:
(a) A description of the premises sufficient for identification;
(b) A statement indicating the nature of the violation;
(c) A statement of the remedial action (repairs, reduced number of occupants, etc.) necessary to effect compliance;
(d) The date (at least 5-days unless an emergency condition) by which the violation must be corrected;
(e) Statement that if the violation is not corrected, the occupancy permit may be revoked, a complaint for violation issued, and/or the property may be declared unfit for human habitation with attendant consequences. If a Corrective Action Order has been served s provided herein, no additional Notice of Revocation is required to be given.
(2) Service of Order. The corrective action order shall be deemed properly served upon the owner, agent, or occupant if it is:
(a) Served upon each personally or sent by registered or certified mail to the last known address of each, with service being effective upon deposit in the mail.
AND
(b) Posted in a conspicuous place on or about the dwelling or premises
(3) Transfer of Ownership Prohibited. It shall be unlawful for the owner of any dwelling who has been served a corrective action order to sell, transfer, mortgage, lease, or otherwise dispose of the dwelling or its ownership interest until he/she has either:
(a) effected compliance with the provisions of this Article; or
(b) furnished the grantee, transferee, mortgagee, or lessee a true copy of the corrective action order, and has given the Building and Inspection Department and Fire Department a signed and notarized statement from said grantee, transferee, mortgagee, or lessee that acknowledges receipt of such corrective action order and unconditionally accepts responsibility for making the required repairs.
(4) Access by Owner or Operator. The occupant(s) of every dwelling unit shall give the owner or operator, or his agent or employee, free access thereto at any reasonable time in order to allow him to make any inspection, alteration, maintenance, or repair necessary to effect compliance with this Article.
(5) It is unlawful for any person to occupy or let or hold out to another for occupancy any dwelling unit for the purpose of living therein, where such dwelling unit does not comply with the steps required by the corrective action order.
(Prior Code, Art. 10A, § 10-16)