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A. It shall be unlawful to knowingly permit any fugitive from justice to stay in a hotel or motel. Each hotel or motel proprietor shall keep a register of guests as required by state law; such registration or list shall be available for inspection by any members of the Police Department at any time.
B. At least two (2) towels per person shall be placed in each occupied room, each day.
C. Bedding shall be provided for each day a guest remains in a hotel or motel, and shall be changed daily. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
ARTICLE 2
RESIDENTIAL RENTAL LICENSE
RESIDENTIAL RENTAL LICENSE
SECTION:
12-2-1: License Required
12-2-2: License Application
12-2-3: Required Reports
12-2-4: License Issuance
12-2-5: License Fees
12-2-6: Inspection Of Buildings; Violations; Suspension And Revocation Of License
12-2-7: Records
12-2-8: Tenant Responsibility
12-2-9: Inspection Fees
12-2-10: Violation Correction By Village
12-2-11: Mandatory Provision In Lease Agreements Within The Village
12-2-12: Annual Landlord Management Seminar
A. No person, corporation, partnership, business entity, or agent shall operate or engage in the business of renting any dwelling unit to the public, operate a rental dwelling unit, rooming house or rooming unit, or otherwise allow any such property to be nonowner occupied, unless a valid residential rental license has been issued by the Village for the specific location. A dwelling unit may not be rented and no new lease may be entered into and no lease may be renewed until a license is secured pursuant to this section, or while a license is suspended or revoked.
B. The license requirement pursuant to this section shall not be applicable to group homes governed by the specialized living centers act, 405 Illinois Compiled Statutes 25/1 et seq., as amended, for the developmentally disabled, or to other similar uses governed by federal or state laws, rules or regulations. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
C. All rental licenses issued in 2016 for multi-family residential buildings with four (4) or more rental dwelling units shall expire on December 31, 2017, and shall be extended from the date of their next inspection for a period of sixty (60) days thereafter. Said extension shall not be applicable to a conditional license. Within fifteen (15) days following the inspection, the Development Customer Services Department shall provide the building owner an application for the applicable license type pursuant to this section. The building owner must submit the completed application and license fee pursuant to section 12-2-5 of this article within thirty (30) days thereafter. (Ord. 16-095, 9-6-2016)
D. Licenses shall be issued by the Village Manager or the Manager's designee based upon the license classifications: small rental, gold, silver, bronze, or conditional as set forth in subsection 12-2-1J of this section. No license issued pursuant to this article shall be transferable to another person, corporation, partnership, business entity, or agent. No such license shall be required for condominium associations governed by article 3 of this chapter. License fees shall be as set forth in section 12-2-5 of this article.
E. No rental license shall be issued or renewed unless the owner of the building agrees that inspections shall take place pursuant to section 12-2-6 of this article.
F. Every licensee of a multi-family residential building with four (4) or more rental units shall conspicuously post the current license certificate in the main entryway or other conspicuous location of the building. For rental dwellings of three (3) or fewer units, the licensee must provide a copy of the license certificate to each tenant by attaching a copy to the tenants' copy of the executed lease agreement.
G. License type shall be determined on the basis of established criteria based on property and nuisance violations defined in section 7-13-1 et seq., and chapter 16 of this code.
H. Licenses will be issued for a time period according to the license type in subsection 12-2-1J of this section.
I. All licenses may be reviewed at any time after the beginning of the license term to determine whether the appropriate type license is maintained for the property. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
J. Licenses shall be classified as follows:
License Type | Renewal Frequency | Application/ Fee | Inspection Attendance | Inspection Performance | Mitigation Plan |
Small rental (<4 units) | 2 years | n/a | n/a | n/a | n/a |
Gold | 4 years | On time | Present and on time | Up to 0.75 violation per unit | Not required |
Silver | 2 years | On time | Present and on time | 0.75 - 1.5 violations per unit | Not required |
Bronze | 1 year | Late/on time | Unexcused late/no show | 1.5 - 3 violations per unit | Not required |
Conditional | 6 months | Late/on time | Unexcused late/no show | >3 violations per unit | Required |
(Ord. 16-095, 9-6-2016)
K. For the purposes of inspection and the determination of license type only, each common area set forth herein shall be considered a separate unit. Any part of a building not exclusively available to an individual tenant shall be considered a common area including, but not limited to, building exterior, yard, basement, stairway, laundry facility, lobby, mailroom, or roof. Each separate common area shall be considered a separate unit for the purpose of determining license eligibility. Each stairway shall be considered a separate unit, but shall not be separated by flight.
L. Properties for which a rental license is not required due to new construction or a change from owner occupied to rental will qualify for a silver license. Properties found operating without a valid rental license from the Village or failing to meet code requirements or that have been the subject of an enforcement action(s) such as a violation of this article, shall only qualify for a conditional license.
M. All rental properties are subject to review by the Village Manager or the Manager's designee and an owner may be required to apply and qualify for a different license type based on a property's compliance with this code and any other applicable laws or regulations. Based on such review, the Manager may require an owner to apply for, and meet the terms of, a conditional license if the Manager determines that the nature of applicable property and nuisance violations, pursuant to section 7-13-1 et seq., and chapter 16 of this code, are so severe that they require an increased level of monitoring and an urgent need for compliance. The Manager may determine that such a requirement is warranted even if the number of violations per unit is equal to, or less than, three (3) as set forth for a conditional license in subsection 12-2-1J of this section.
N. At any time during a license period, if a rental property does not meet or exceed the criteria established for the current license type, the license may be reviewed by the Village Manager and may be subject to suspension, revocation, and/or license type review. Violations identified by inspections other than those conducted for the purpose of license issue or renewal shall only be included in the calculation of violations per unit, as described in subsection 12-2-1J of this section, if they are not corrected before a citation is issued.
O. Rental properties for which a conditional license has been issued must meet the requirements set forth in subsection 12-2-1P of this section.
P. Buildings containing three (3) rental dwelling units or fewer shall only qualify for a small rental license type and only be subject to the license and crime free housing requirements set forth in this section and section 12-2-12 of this article and shall not be subject to the inspection requirements and mandatory lease provisions set forth in sections 12-2-6, 12-2-7, 12-2-9, 12-2-10 and 12-2-11 of this article except as otherwise provided. Buildings containing four (4) or more rental dwelling units (multiple-family dwelling) shall be subject to the inspection and records requirements and mandatory lease provisions set forth in sections 112-2-6, 12-2-7, 12-2-9, 12-2-10 and 12-2-11 of this article.
Q. A license shall be required for buildings containing three (3) or fewer rental dwelling units beginning January 1, 2015.
R. Rental properties that meet the conditional license criteria set forth in this section are eligible only for conditional licenses. The Village should provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property and nuisance violations defined in section 7-13-1 et seq., and chapter 16 of this code.
1. Mitigation Plan: An applicant for a conditional license must submit for review by the Village Manager or the Manager's designee a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of property and nuisance violations, defined in section 7-13-1 et seq., and chapter 16 of this code to a level that qualifies for a gold, silver, or bronze license.
2. Village Manager Consideration: A license application that contains a proposed mitigation plan shall be presented to the Village Manager or the Manager's designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Manager shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Manager disapproves an application and mitigation plan or approves it with conditions, the Manager shall state the reasons for so doing in writing. In evaluating a mitigation plan, the Manager shall consider, among other things, the building, its management practices, the nature and seriousness of property and nuisance violations as defined in section 7-13-1 et seq., and chapter 16 of this code, and the expected effectiveness of measures identified in the plan to reduce the number of property and nuisance violations. In evaluating a mitigation plan submitted by an applicant operating under a provisional license, the Manager shall also consider the effectiveness of measures identified in the applicant's previous mitigation plan and the need for different or additional measures to reduce the property and nuisance violations.
3. Compliance With Mitigation Plan: The licensee shall comply with the mitigation plan as approved or modified by the Village Manager. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the Village Manager a written report describing all steps taken in furtherance of the applicant's mitigation plan during the preceding month. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
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