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A. Required inspections shall be conducted in accordance with the following provisions:
1. The Development Customer Services Department and/or the Fire Department shall make an annual inspection of all theaters, churches, schools, public assembly units, and open air assembly units; and also all buildings two (2) stories or more in height containing at least four (4) lodging or rooming units.
2. The Development Customer Services Department shall also make biennial inspections of all common areas and a minimum of one dwelling unit in all mixed use commercial/residential buildings which are two (2) or more stories in height and containing one to three (3) residential units and commercial space in which the occupants engage in food preparation, food sales, pets and pet supply sales or hazardous activities requiring (annual, quarterly, monthly) inspections by the Fire Department in accordance with section F-102.2 of the 1984 BOCA fire prevention code. Such hazardous activities include, but are not limited to, activities which involve the use of hazardous and/or flammable materials and chemicals, the storage of combustible materials and the use of potentially hazardous or dangerous equipment and/or machinery. The annual inspection fee for the inspection of common areas and residential units in mixed use commercial/residential buildings shall be six dollars ($6.00) for each dwelling unit contained therein. It shall be the duty of every owner, agent, lessee or occupant of any such building and of the person in charge or control of the same to permit the making of such biennial inspection by a duly authorized inspector at any time upon demand being duly made.
3. The Development Customer Services Department shall make inspections of all common areas and the interior of a minimum of one-third (1/3) of the dwelling units in multiple-family dwellings which contain four (4) or more dwelling units. The required frequency of such inspections shall be based on the expiration of the rental license type pursuant to section 12-2-1 of this article. Except for a small rental license, no rental license shall be issued or renewed until a valid inspection has been completed.
4. In condominiums, all common facilities and one-third (1/3) of the dwelling units which are occupied by someone other than the owner of the unit shall be inspected on a biennial basis.
B. Whenever, upon inspection of the licensed multiple-family dwelling or of the records required to be kept by section 12-2-7 of this article, it is determined by the appropriate officials of the Village that conditions or practices exist which are in violation of the provisions of this or any applicable ordinance of the Village, the official making the determination shall serve the owner or agent with a notice of violation. Such notice shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the operating license may be suspended. Notice pursuant to this section shall be sent by mail to the party designated in the application to receive notices and process.
C. At the end of the time allowed for correction of any violation cited, the building shall be reinspected by the appropriate Village officials. If it is determined that the conditions have not been corrected or they are not in the process of being corrected, the Village may issue an order suspending the rental license.
D. If, upon reinspection, it is determined by the appropriate Village officials that the violations cited in the notice have been corrected, the license shall be reinstated by the Village. A request for reinspection shall not exceed the twenty one (21) day suspension period unless the official responsible for sending the violation notice so requests.
E. If the licensee is convicted by a court of a violation of any applicable ordinance of the Village in connection with the licensed building, then the license shall be subject to revocation without further notice.
F. In the event a condition of extreme hazard to health or safety is found to exist, the Village may immediately revoke the license.
G. Each day a building continues to operate after a license has been revoked shall constitute a separate violation of this code subject to fine, as provided in section 1-1-5 of this code.
H. Any licensee violating any of the provisions of this chapter shall be subject to a fine as provided in section 1-1-5 of this code. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
Every owner or agent of a licensed multiple-family dwelling shall cause to be kept records itemizing all repairs, alterations or decorating expenses in excess of fifty dollars ($50.00) per expenditure for a period of five (5) years after such expenditure. Upon request, such records shall be made available during normal business hours upon request of the Village Manager or the Manager's authorized representatives. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
No tenant shall commit vandalism in the building in which the tenant's dwelling unit is located and no tenant shall permit vandalism to occur or shall violate any of the provisions of this code in the dwelling unit leased by the tenant. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
A. One Hundred Percent Sale Inspection Fee: When a licensed multiple-family dwelling is inspected prior to sale as required by this code, the owner of the building so inspected shall be charged a fee equal to the annual license fee plus one dollar ($1.00) additional for each dwelling unit contained in the building.
B. Reinspection Fees: A reinspection fee will be due immediately following the second reinspection and each subsequent reinspection conducted thereafter. Reinspections shall be conducted until all violations are corrected. A reinspection fee shall also be due immediately following any scheduled inspection for which a representative of the licensee is not present, does not provide access to the units and common areas required for inspection, or does not make a request to reschedule at least twenty four (24) hours in advance of the scheduled inspection. The reinspection fee for a multi-family residential building with four (4) or more rental dwelling units shall be twenty dollars ($20.00) per dwelling unit inspected plus fifty dollars ($50.00) per common area inspected. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
In the event a violation which presents a condition of extreme hazard to health and safety is found to exist and it is not corrected within the time specified by the Village Manager's designated representative then the Village Manager's designated representative may cause the violation to be corrected. Any expense in connection therewith shall be collected from the licensee. In the event the licensee shall fail to pay for said repairs within thirty (30) days after the expense is incurred, the Village shall place a lien on the premises for the cost of repairs. No such lien shall be effective until a notice thereof has been recorded with the County Recorder of Deeds. The Village may foreclose this lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
All leases and applications for leases of dwelling units shall contain the information set forth in subsection 12-2-11A of this section, and all leases and applications for leases of dwelling units which are newly executed and/or renewed on or after October 1, 1991, shall contain the information set forth in subsections 12-2-11B through E of this section:
A. Night parking is prohibited on all Village streets from two thirty o'clock (2:30) A.M. to six o'clock (6:00) A.M. and the lessee is responsible for providing off street parking for the lessee's vehicle during those hours to the extent such parking is not provided by the lessor.
B. The specific unit number of the dwelling unit to be leased.
C. The maximum occupancy of the dwelling unit to be leased as established by the owner and/or operator of the dwelling unit. The owner and/or operator shall not, however, set forth a maximum occupancy in any such lease or lease application which exceeds the maximum occupancy for the dwelling unit established by section 12-1-6 of this chapter and set forth in the annual building inspection report provided to every multiple-family dwelling building owner or operator by the Director of the Development Customer Services Department of the Village on an annual basis.
D. The full names and birth dates of all occupants of the dwelling unit leased or to be leased under the lease agreement. The individual occupancy of the dwelling unit may not be changed without an amendment to the existing lease agreement reflecting the change in occupancy and shall in no case exceed the maximum occupancy set forth in section 12-1-6 of this chapter.
E. The name and phone number of an agent of the building owner or management who, in emergency situations, will be accessible to tenants on a twenty four (24) hour per day basis and capable of reasonably and effectively responding to tenant needs in such situations.
It shall be the responsibility of the lessor to set forth the information required herein in the lease agreement. Any lease not containing the information required herein shall be voidable by the lessee. (Ord. 16-088, 7-18-2016, eff. 9-1-2016)
A. A residential rental license shall not be issued until the owner or designated agent has attended and successfully completed an annual landlord management housing seminar conducted by the Village's Development Customer Services Department. All license applicants shall comply with the annual seminar requirement within one year of applying for a license or within one year of applying for a license renewal and shall attend and complete the annual seminar every year thereafter. Licenses shall be null and void if the owner or designated agent fails to comply with the seminar requirement pursuant to this section.
B. In the event that an owner or designated agent applies for a residential rental license and has met all other license requirements, but a an annual landlord management seminar is not available, a provisional license may be issued, effective for no more than one year from the date of issuance, subject to attendance and successful completion by the operator, or his/her designated agent, of that seminar within that time period. Upon completion of the seminar within that time period, a rental residential license shall be issued for the balance of the year.
C. In the event that a designated agent attends the annual landlord management seminar to comply with this section, and that agent is no longer employed by the owner to be responsible for managing the rental residential dwelling unit under the license, the owner or a newly designated agent shall attend and successfully complete the seminar within twelve (12) months of that event.
D. An owner or designated agent of an owner may be certified as an operator upon issuance of a rental residential license, and a certificate of completion of the annual landlord management seminar. The certification as an operator shall be issued on an annual basis.
E. At any time after two (2) years from the date of the issuance of a license, an operator or designated agent may be required to attend and successfully complete the annual landlord management seminar. Such requirement shall be subject to the determination of the Village's Development Customer Services Department which shall consider whether the rental property that is the subject of the license is at risk of becoming a nuisance rental property as defined in this Code:
F. A rental residential 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.
G. The Village's Development Customer Services Department shall maintain a list of landlords and/or designated agents who have attended the annual landlord management seminar and/or who 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.
(Ord. 16-088, 7-18-2016, eff. 9-1-2016; amd. Ord. 22-45, 6-6-2022)
ARTICLE 3
REGULATION OF CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
REGULATION OF CONDOMINIUMS AND CONDOMINIUM CONVERSIONS
SECTION:
12-3-1: Definitions
12-3-2: Property Report; Required Contents
12-3-3: Required Property Report Disclaimer
12-3-4: Condominium Warranty Provisions
12-3-5: Condominium Code Inspections
12-3-6: Conversion Notification Requirements
12-3-7: Relocation Assistance
12-3-8: Code Requirements
12-3-9: Condominium Sales Contract; Rider Required
12-3-10: Condominium Development Meeting; Required
12-3-11: Violation Penalties
12-3-12: State Statutory Tie-In Provisions
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