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Oak Park Overview
Oak Park, IL Code of Ordinances
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12-3-8: CODE REQUIREMENTS:
Every condominium unit shall contain the following:
   A.   Ground fault interrupted (GFI) outlets in kitchen and bathroom.
   B.   All electrical outlets shall be grounded.
   C.   A light fixture in all storage rooms or within fifteen feet (15') of all storage areas defined by wire or other transparent wall material.
   D.   A minimum of three (3) reasonably spaced, grounded electrical outlets in each habitable room in addition to any other electrical fixture which is located in any such room.
   E.   Each dwelling unit in a condominium must have a minimum of sixty (60) amp electric service. Electric service of less than sixty (60) amp must be replaced with one hundred (100) amp electric service.
   F.   The electrical service to the condominium building shall be equal to or greater than that required by article 220 of the national electric code (1993) for a building which complies with the per unit electrical service requirements of subsection 12-3-8E of this section. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-3-9: CONDOMINIUM SALES CONTRACT; RIDER REQUIRED:
The seller of every condominium unit within the Village shall include a rider to every sales contract for the sale of a condominium unit within the Village which must be separately executed by the seller and purchaser and which shall read, in bold print, as follows:
The Seller has notified the Purchaser, and the Purchaser acknowledges receipt of notification from the Seller that the Village of Oak Park has enacted a Condominium and Condominium Conversion Ordinance, setting forth regulations which, among other things, provide BUYER PROTECTION BENEFITS included in the enumerated Section of the Ordinance as follows:
 
Section 12-3-2:
 
At least 30 days prior to closing a sales contract...a developer shall prepare and file with the Director of the Development Customer Services Department a property report and shall certify by affidavit that all disclosures are true to the best of the developer's knowledge and belief...
Section 12-3-2R:
 
The maximum number of occupants permitted by the Village Code for this dwelling unit is listed in the Property Report required to be on file with the Director of the Development Customer Services Department.
Section 12-3-4A to E:
 
Condominium warranty provisions...A copy of the warranty shall be filed with the Director of the Development Customer Services Department...
Section 12-3-5A:
 
A developer submitting a property to the provisions of the Illinois Condominium Property Act shall file a notice of intent to convert with the Director of the Development Customer Services Department of the Village, within three (3) business days from the date said notice is given to the tenants of the property. A code inspection...shall be scheduled....
Section 12-3-5B:
 
Any code violations and deficiencies...should be corrected by the developer at least 30 days prior to the closing of a sales contract on any condominium unit to provide the Department of Development Customer Services with adequate time to perform a reinspection of the premises and prepare the required report and certificate. Said corrections shall be evidenced by a code inspection report and certificate, or partial certificate, of code compliance which shall be presented by the developer to the Purchaser prior to or at closing.
Section 12-3-11:
 
The Purchaser has the right to rescind any sale not in substantial conformance with this Article or to seek damages therefor.
 
All of the above provisions must be satisfied prior to closing. If you have any questions or need additional information, please call the Director of the Development Customer Services Department at (708) 383-6400.
(Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-3-10: CONDOMINIUM DEVELOPMENT MEETING; REQUIRED:
The developer shall schedule an informational meeting at the Village Hall with the Director and Director of Community Relations at least ninety (90) days prior to filing the declaration in the case of new construction or within thirty (30) days of providing notice to tenants of an existing building of the developer's intention to file a declaration to convert such building to a condominium building in accordance with the Illinois condominium property act.
The purpose of the meeting will be for the Village to provide the developer and developer's agents with information concerning the application of the Village's fair housing and condominium development laws and regulations to the developer's condominium development. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-3-11: VIOLATION PENALTIES:
Any person found guilty of violating any of the provisions of this article upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the first offense and not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) for the second and each subsequent offense in any one hundred eighty (180) day period, provided, however, that all actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois civil practice act 1 . Repeated offenses in excess of three (3) within any one hundred eighty (180) day period may also be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed six (6) months under the procedure set forth in section 1-2-1 .1 of the Illinois municipal code 2 under the provisions of the Illinois code of criminal procedure in a separate proceeding.
Each failure to comply with the provisions of this article with respect to each person shall be considered a separate offense. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such violation.
The rights, obligations and remedies set forth in this article shall be cumulative and in addition to any others available at law or in equity. The Village or any prospective purchaser, purchaser or owner of a unit may seek compliance with any provision of this article and in addition shall have the right to rescind any sale not in substantial conformance with this article or may seek damages therefor. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)

 

Notes

1
1. 735 ILCS 5/1 et seq.
2
1. 65 ILCS 5/1-2-1.1.
12-3-12: STATE STATUTORY TIE-IN PROVISIONS:
Except where modified or supplemented by this article, all provisions contained in the Illinois condominium property act, as amended, shall apply to properties submitted to the provisions of said act. (Ord. 15-184, 11-2-2015, eff. 12-1-2015)
ARTICLE 4
SECURITY DEPOSITS
SECTION:
12-4-1: Withholding Security Deposit; Statement Of Damages; Liability Of Lessor
12-4-2: Transferee Liability
12-4-3: Interest To Be Paid By Lessor On Security Deposits; Rate
12-4-4: Time For Payment
12-4-5: Application Of Article
12-4-1: WITHHOLDING SECURITY DEPOSIT; STATEMENT OF DAMAGES; LIABILITY OF LESSOR:
A lessor of residential real property containing four (4) or more units, who has received a security deposit from a lessee to secure the payment of rent or to compensate for damage to the leased property may not withhold any part of that deposit as compensation for property damage unless he has, within thirty (30) days of the date that the lessee vacated the premises, furnished to the lessee, delivered in person or by mail directed to his last known address, an itemized statement of the damage allegedly caused to the premises and the estimated or actual cost for repairing or replacing each item on that statement, attaching the paid receipts, or copies thereof, for the repair or replacement. If estimated cost is given, the lessor shall furnish the lessee with paid receipts, or copies thereof, within thirty (30) days from the date the statement showing estimated cost was furnished to the lessee, as required by this section.
If no such statement and receipts, or copies thereof, are furnished to the lessee as required by this section, the lessor shall return the security deposit in full within forty five (45) days of the date that the lessee vacated the premises.
Upon a finding by a circuit court that a lessor has refused to supply the itemized statement required by this section, or has supplied such statement in bad faith, and has failed or refused to return the amount of the security deposit due within the time limits provided, the lessor shall be liable for an amount equal to twice the amount of the security deposit due, together with court costs and reasonable attorney fees. (Ord. 1990-0-9, 3-19-1990, eff. 6-1-1990; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-4-2: TRANSFEREE LIABILITY:
In the event of a sale, lease, transfer or other direct or indirect disposition of residential real property, other than to the holder of a lien interest in such property, by a lessor who has received a security deposit or prepaid rent from a lessee, the transferee of such property shall be liable to that lessee for any security deposit, including statutory interest, or prepaid rent which the lessee has paid to the transferor. The transferor shall remain jointly and severally liable with the transferee to the lessee for such security deposit or prepaid rent. (Ord. 1990-0-9, 3-19-1990, eff. 6-1-1990; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-4-3: INTEREST TO BE PAID BY LESSOR ON SECURITY DEPOSITS; RATE:
A lessor of residential real property, containing four (4) or more units, who receives a security deposit from a lessee to secure the payment of rent or compensation for damage to property shall pay interest to the lessee within thirty (30) days of termination of the lease agreement. Such interest shall be computed from the date of the deposit through the date of payment of the interest at a rate equal to the interest paid by the largest commercial bank, as measured by total assets, having its main banking premises in this state, on minimum deposit passbook savings accounts as of December 31 of the calendar year immediately preceding the inception of the rental agreement, on any deposit held by the lessor for more than six (6) months. Such interest rate shall be set forth in the rental agreement. (Ord. 1993-0-100, 12-6-1993; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-4-4: TIME FOR PAYMENT:
The lessor shall, within thirty (30) days after the end of each twelve (12) month rental period, pay to the lessee any interest, by cash or credit to be applied to rent due, except when the lessee is in default under the terms of the lease. (Ord. 1993-0-100, 12-6-1993; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
12-4-5: APPLICATION OF ARTICLE:
This article does not apply to any deposit made with respect to public housing. (Ord. 1990-0-9, 3-19-1990, eff. 6-1-1990; amd. Ord. 15-184, 11-2-2015, eff. 12-1-2015)
ARTICLE 5
INCLUSIONARY HOUSING
SECTION:
12-5-1: Purpose And Intent
12-5-2: Definitions
12-5-3: Requirements
12-5-4: Compliance Procedures
12-5-5: Eligibility And Preference Of Households For Affordable Dwelling Units
12-5-6: Distribution And Attributes Of On Site Affordable Dwelling Units
12-5-7: Cash Payment In Lieu Of Providing Affordable Dwelling Units
12-5-8: Affordability Controls
12-5-9: Density And Height Bonus
12-5-10: Enforcement
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