As used in this article:
ACTION: Recoupment, counterclaim, setoff, suit at law or in equity, and any other proceeding in which rights are determined, including an action for possession and/or an action for unpaid rent.
"AS VACANT" BASIS OR INSPECTION: Inspection of a dwelling unit of an inspection group whenever a lease expires and is not renewed, or a tenant vacates a dwelling unit.
CERTIFIED AS A RESIDENTIAL OPERATOR OR CERTIFICATION AS A RESIDENTIAL OPERATOR: The annual certification of landlord of a residential unit or structure, who has been issued a residential operator's license, a security certificate, and a certificate for completing the community awareness training program.
CHRONIC PUBLIC NUISANCE PROPERTY: Any rental unit, whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any two (2) or more public nuisances, one of which constitutes a felony offense, within the village of Mount Prospect within any one year period, or any three (3) or more public nuisances within the village of Mount Prospect within any one year period, and any multi-family rental structure whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any six (6) or more public nuisances within the village of Mount Prospect within any one year period.
CODE: Any state statute, village ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.
COMMUNITY AWARENESS TRAINING PROGRAM: An annual training program sponsored by the Mount Prospect police department to promote crime prevention through community awareness.
COMPLIANCE TIME PERIOD: The time period in which certain code violations must be remedied pursuant to a notice of violation pursuant to an inspection.
CONDITIONAL LICENSE: A temporary residential operator's license issued to permit the rental of a rental unit or structure where:
A. A violation or violations of applicable regulations exist;
B. Outstanding fees remain unpaid to the village;
C. Outstanding judgments remain unsatisfied; or
D. A landlord is permitted to rent a rental unit or structure prior to attendance by the landlord, or a designated agent, at the required crime free housing seminar.
CONDOMINIUM: Any dwelling unit under individual ownership in a multi-unit structure as provided in the condominium property act of the state of Illinois 1 .
CONDOMINIUM ASSOCIATION: Any organization or association which governs the operation of common areas or services for two (2) or more condominiums as provided in the condominium property act of the state of Illinois.
CRIME FREE HOUSING SEMINAR: A seminar sponsored by the Mount Prospect police department to provide information to landlords and their designated agents regarding the landlord-tenant requirements under this code, including the crime free housing lease provision.
DIRECTOR: The director of the department of community development or his/her designee.
DWELLING UNIT: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping.
ENFORCEMENT FEES: Fees required pursuant to section 23.1817 of this article.
FAIR RENTAL VALUE: The prevailing value of comparable rental units in the Village.
FELONY OFFENSE: Any offense that constitutes a felony under the criminal code of 1961, 720 Illinois Compiled Statutes 5/1-1 et seq., including, but not limited to, those described as a public nuisance in this section.
INCENTIVE SCHEDULE: As an incentive to promote property owners' compliance with village regulations, an inspection schedule is reduced in frequency based upon a finding of no violations on a property as the result of an inspection.
INSPECTION GROUP: That portion of a building or those buildings within an apartment complex as may be under the same legal and/or beneficial ownership.
JUDGMENT: An order entered by the administrative law judge pursuant to chapter 8, article XXI of this code or a court of competent jurisdiction, awarding fines, fees, costs and/or damages to the Village for violations of this code or state or federal law, in any way related to certain property.
LANDLORD: The owner, lessor or sublessor of the dwelling unit or the building of which it is a part.
MULTI-FAMILY RENTAL STRUCTURE: A building which contains three (3) or more dwelling units, of which at least fifty percent (50%) are rental units.
NOTICE: Unless otherwise stated, all notices required herein shall be in writing and shall be served by one party upon the other by registered or certified mail, return receipt requested, or personally upon the landlord, lessee or member of his household over the age of twelve (12). Service of notice of eviction for failure to pay rent may be posted where an attempt to serve by certified mail or by personal service has been unsuccessful.
OUTSTANDING FEES: Enforcement fees that remain unpaid to the Village.
OUTSTANDING JUDGMENT: Judgments that remain unsatisfied after judicial review proceedings have been exhausted or the time to request such review has expired.
OWNER: One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession.
PERMIT: To suffer, allow, approve, consent to, acquiesce in or agree to the doing of an act, including the failure to prevent through inaction.
PERSON: An individual or a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.
PREMISES: A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.
PROPERTY MANAGER: Any person, agent, firm or corporation authorized to manage the premises.
PUBLIC NUISANCE: The following criminal offenses are hereby declared to be public nuisances and may be considered in determining whether or not a chronic public nuisance property exists:
A. Any offense defined and prohibited by article 9 (homicide) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/9-1 et seq.
B. Any offense defined and prohibited by article 10 (kidnapping and related offenses) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/10-1 et seq.
C. Any offenses defined and prohibited by section 11-14 (prostitution), section 11-15 (soliciting for a prostitute), section 11-16 (pandering), section 11-17 (keeping a place of prostitution), section 11-20 (obscenity), section 11-20.1 (child pornography), or section 11-21 (harmful material to minors) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/11-14, 5/11-15, 5/11-16, 5/11-17, 5/11-20, 5/11-20.1, and 5/11-21.
D. Any offense defined and prohibited by article 12 (bodily harm) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/12 et seq.
E. Any offense defined and prohibited by article 16 (theft) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/16-1 et seq.
F. Any offense defined and prohibited by article 20-2 (possession of explosives or explosive or incendiary devices) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/20-2 et seq.
G. Any offense defined and prohibited by article 24 (deadly weapons) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/24-1 et seq.
H. Any offenses defined and prohibited by article 25 (mob action) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/25-1 et seq.
I. Any offense defined and prohibited by section 26-2 (disorderly conduct) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/26-1 et seq.
J. Any offense defined and prohibited by article 28 (gambling) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/28-1 et seq.
K. Any offense defined and prohibited by article 31 (interference with public officers) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/31-1 et seq.
L. Any offense defined and prohibited by section 6-16 (prohibited sales and possession) or section 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the liquor control act of 1934, 235 Illinois Compiled Statutes 5/6-16 and 5/6-20.
M. Any offense defined and prohibited by the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et seq.
N. Any offense defined and prohibited by the cannabis control act, 720 Illinois Compiled Statutes 550/1 et seq.
O. Any offense that constitutes a felony under the criminal code of 1961, 720 Illinois Compiled Statutes 5/1-1 et seq., including, but not limited to, those set forth above.
P. Any inchoate offense defined and prohibited by article 8 (inchoate offenses) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/8-1 et seq., which is relative to the commission of any of the aforesaid principal offenses.
Q. Any offense defined and prohibited by articles I through VIII of this chapter.
R. Public nuisances exclude, pursuant to section 1-2-1.5 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/1-2-1.5:
1. Contact made to the police or seeking other emergency services, if: a) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; b) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or c) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual's disability; or
2. An incident or incidents of actual or threatened domestic violence or sexual violence against the tenant, household member, or guest occurring in the rental unit or on the premises; or
3. Criminal activity or a local ordinance violation occurring in the rental unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant's household, guest, or other party, and against a tenant, household member, guest or other party.
Not excluded under the circumstances described above are violations of section 15.2 of the Emergency Telephone System Act, 50 Illinois Compiled Statutes 750/15.2, article 26 (Disorderly Conduct) of the Criminal Code of 2012, 720 Illinois Compiled Statutes 5/26-1 et seq., and article IX (Forcible Entry and Detainer) of the Code of Civil Procedure, 735 Illinois Compiled Statutes 5/9-101 et seq.
PUBLIC NUISANCE ACTIVITY: The commission of any act or conduct, which constitutes any of the offenses declared to be a public nuisance.
REGULAR SCHEDULE OR REGULAR INSPECTION SCHEDULE: The initial and subsequent annual license inspections of multi-family rental structures.
RENT: All payments to be made to the landlord under the rental agreement.
RENTAL AGREEMENT: Any agreements and valid rules and regulations adopted pursuant to agreement under subsection 23.1806B of this article, embodying the terms and conditions concerning the use and occupancy of a specified dwelling unit and premises.
RENTAL STRUCTURE: Any "building", as defined in section 21.501 of this code, which building includes a dwelling unit or units for rent, to include single-family residences, multi-family rental structures, and buildings with less than three (3) dwelling units.
RENTAL UNIT: A dwelling unit in a rental structure occupied or available for occupancy by one or more persons, other than the owner of record, under a rental agreement.
RESIDENTIAL OPERATOR'S LICENSE: A license to rent a rental unit or rental structure as required by this article.
RESPONSIBLE PARTY: Includes landlords, landlords' designated agents, residential operators licensees, and property managers.
SECURITY CERTIFICATE: A certificate issued to a property owner upon completion and review of a crime prevention analysis conducted by the police department, which includes, among other things, conducting a crime prevention through environmental design survey, and presentation of safety tips to protect the property, its occupants and visitors, as well as the owner's implementation of any security recommendations within a reasonable period of time, as determined by the director.
SECURITY SURVEY: An analysis of property and locale characteristics, conducted by the police department, to determine the vulnerability of the property, occupants and visitors to criminal activity, and to make recommendations to reduce criminal activity and promote safety based upon those observations.
TENANT: A person entitled under a rental agreement to occupy a rental unit.
TERM USAGE: Whenever herein the term "person", "landlord" or "tenant" is used in the masculine or singular form, said term shall also include and refer to the feminine or plural form.
VILLAGE: The Village of Mount Prospect.
VILLAGE MANAGER: The village manager or any person acting in the manager's stead or as appointed by the village manager to act as his/her agent.
WARNING CONDITION: A deviation or variance from the standards of the property maintenance code which typically does not threaten the health or safety of the residents in a structure which is otherwise in good repair. It is recognized that such conditions, in sufficient number, may become a threat to the welfare of the Village. Warning conditions shall not disqualify an inspection group from participating in the incentive program unless at the time of an annual or other inspection the inspection group has a total number of warning conditions that exceeds the number of units in the inspection group; and all of those warning conditions are corrected within six (6) months of the inspection. If all of the warning conditions are not corrected within the six (6) month time period, the inspection group may become subject to the regular schedule and the unresolved warning conditions may be deemed violations which may lead to revocation.
Examples of warning conditions are:
A. Small nonstructural crack in wall or ceiling.
B. Screen with a tear or hole less than one-half inch (1/2").
C. Loose but functioning doorknob.
D. Dripping faucet.
E. Crack less than one-half inch (1/2") in width and hole less than three inches (3") in diameter in walkway.
F. Nonfunctioning closet door.
G. Loose hinge on cabinet door.
H. Minor peeling paint occurring on less than five percent (5%) of painted surface.
I. Tree or bush branches scraping against a structure.
J. Other nonsafety related condition that is consistent with the definition and character of these examples. (Ord. 3366, 9-6-1983; amd. Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997; Ord. 5536, 1-17-2006; Ord. 5619, 3-6-2007; Ord. 5745, 6-16-2009; Ord. 5807, 8-3-2010; Ord. 5896, 12-20-2011; Ord. 6263, 8-16-2016)
Notes
| 1 | 1. 765 ILCS 605/1 et seq. |