A. A residential operator's license shall not be issued until the landlord, or designated agent, has attended and successfully completed the crime free housing seminar, sponsored by the Village of Mount Prospect.
B. In the event that a landlord makes application for a residential operator's license and has met all other license requirements, but a crime free housing seminar is not available, a conditional license may be issued, effective no more than three (3) months from the date of issuance, subject to attendance and successful completion by the landlord, or his/her designated agent, of that seminar within that time period. Upon completion of the seminar within that time period, a residential operator's license shall be issued for the balance of the year.
C. In the event that a designated agent attended the crime free housing seminar to comply with this section, and that agent is no longer employed by the landlord or designated by the landlord to be responsible for managing the rental unit and/or multi-family residential structure under the residential operator's license, the landlord, or a newly designated agent, shall attend and successfully complete the seminar within three (3) months of that event.
D. An owner of a rental unit or multi-family residential structure may be certified as a residential operator upon issuance of a residential operator's license, a security certificate, and a certificate of completion of the community awareness training program presented by the Mount Prospect police department. The certification as a residential operator shall be issued on an annual basis subject to annual compliance with these requirements.
E. At any time after two (2) years from the date of the issuance of a residential operator's license, a landlord or designated agent may be required to attend and successfully complete the crime free housing seminar. Such requirement shall be subject to the recommendation of the crime free housing coordinator to the village manager, who shall consider the following in making such determination:
1. Whether the rental unit or multi-family residential structure, subject to the residential operator's license, is in danger of becoming a nuisance residential rental property as defined in this article, and
2. Whether criminal activity is occurring on the premises and the landlord has failed to initiate eviction proceedings or take other appropriate action.
A residential operator's license shall not be renewed if attendance is required and not completed within three (3) months of the notice to that effect. Such notice shall be delivered or mailed to the landlord, or designated agent, at the address designated on the most recent license application.
F. A crime free housing coordinator, to be designated by the chief of police, shall provide the finance director with a list of landlords and/or designated agents, who have attended the crime free housing seminar and/or are certified residential operators, along with the dates of attendance and verification that the landlord or designated agent has otherwise complied with this code to be eligible for issuance or renewal of a residential operator's license.
G. After February 1, 2012, every lease, including lease extensions, shall contain a crime free lease provision, the purpose of which is to make criminal activity, not limited to violent or drug related criminal activity, engaged by, facilitated by or permitted by the lessee, member of the household, guest or other party under the control of the lessee, a lease violation, and to provide the landlord with authority under that clause to initiate eviction proceedings pursuant to state law. The crime free lease provision shall be in substantially the following form:
Crime Free Housing Lease Provision
Prohibition against criminal
activity within the
Village of Mount Prospect.
1. The Tenant, any member of the tenant's household, Tenant's guest(s), and any person under Tenant's control shall not engage in or facilitate criminal activity within the Village of Mount Prospect, which includes the leased premises, at .
2. The Tenant, any member of the tenant's household, Tenant's guest(s), and any person under Tenant's control shall not permit the leased premises to be used for, or to facilitate, criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.
3. The Tenant, any member of the tenant's household, Tenant's guest(s), and any person under Tenant's control shall not engage in or facilitate any breach of the lease agreement that jeopardizes the health, safety, and welfare of the landlord, his agent, or other tenant, or involves imminent or actual serious property damage.
4. The Tenant is vicariously liable for the criminal activity of any member of the Tenant's household, Tenant's guest(s), and any person under Tenant's control, whether or not the Tenant had knowledge of the activity or whether or not the household member or guest was under the Tenant's control.
5. VIOLATION OF ANY OF THE ABOVE PROVISIONS MAY CONSTITUTE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. A single violation of any of the provisions of this added addendum shall be a serious violation and may constitute material non-compliance with the lease. It is understood and agreed that a single violation may constitute good cause for IMMEDIATE termination of the lease under the Illinois Compiled Statutes; provided, however, that a violation shall not be good cause to terminate the tenancy if the immediate termination of the lease would violate Section 1-2-1.5 of the Illinois Municipal Code (65 ILCS 5/1-2-1.5). Unless otherwise provided by law, proof of violation may not require criminal conviction, BUT SHALL BE BASED ON A REVIEW OF THE SPECIFIC EVIDENCE SUPPORTING THE VIOLATION. Tenant consents to venue in any justice court precinct within the county wherein the unit is located in the event Owner initiates legal action against the Tenant. Tenant hereby waives any objection to any venue chosen by owner.
6. A Tenant who is an innocent party or the victim of a crime, including but not limited to actual or threatened domestic violence or sexual violence will not be in violation of this Crime Free Lease Provision. Nothing in this Provision prohibits the eviction of the perpetrator of the domestic violence, sexual violence, or other criminal activity. A TENANT IS ENCOURAGED TO REPORT CRIMES WITHOUT FEAR OF HIS/HER STATUS AS A TENANT.
7. A Tenant will not be in violation of this Crime Free Lease Addendum and it shall not constitute a public nuisance under the Village Code based on the following:
a) Contact made to the police or seeking other emergency services, if (i) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (iii) 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;
b) 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
c) 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.
8. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern.
For purposes of this Lease Section, the meaning of criminal activity shall include: Homicide, Child Pornography, Soliciting for a Prostitute, Pandering, Keeping a Place of Prostitution, Harmful Material to Minors, Mob Action, Bodily Harm, Theft, Possession of Explosives or Incendiary Devices, Deadly Weapons, Prostitution, Interference with Public Officers, Disorderly Conduct, Gambling, Purchase or Acceptance of Gift of Liquor by Persons Under Age 21, Prohibited Sales and Possession of Alcohol, any offense defined and prohibited by the Illinois Controlled Substances Act or the Cannabis Control Act, Inchoate Offenses, Criminal Street Gang Activity, as defined by 740 ILCS 147/10, Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS 5/1-1 et seq., including, but not limited to, those set forth above and any offense defined and prohibited by Articles I through VIII of Chapter 23, "Offenses and Miscellaneous Regulations" of the Village Code.
(Ord. 5619, 3-6-2007; amd. Ord. 5745, 6-16-2009; Ord. 5896, 12-20-2011; Ord. 5899, 1-17-2012; Ord. 6263, 8-16-2016)