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The Village of Orland Park Departments of Development Services and Police shall administer this Code. These Departments may delegate such duties and responsibilities in connection with the administration and enforcement of this Code to such persons as are appropriate for conformance through respective Department chain of command. The Development Services Director or the Chief of Police, may, when circumstances dictate, call upon the Police Department, County, State, Fire District or other authorities, agencies, codes or regulations in identifying and correcting conditions in rental housing which constitute violations of this Code or other duly enacted ordinances, regulations, or laws as applicable.
Upon presentation of proper credentials, Village authorized representatives may enter at reasonable times after giving notice to the landlord of any building, structure, or land within the Village to perform the duties imposed by this Code. Reasonable notice for required scheduled inspections shall be defined as a minimum of ten (10) calendar days advance written notice. It shall be the responsibility of the landlord to notify the tenant (s) of inspection appointments, arrange access with the tenant (s) and provide access to all units. In the absence of the building landlord or landlord's agent, an adult at least eighteen (18) years of age must be present during the inspection.
1. Revocation of Registration:
Units not made accessible for inspection (or otherwise not inspected) in accordance with this Code, shall be in violation of this Code and shall not be licensed/registered or shall have the registration revoked.
2. Residential Rental Property Complaints:
In the case of a complaint of a potentially life or health threatening condition(s) or a property maintenance violation from any source, the Village may promptly inspect or investigate without prior notice, except that notice of such inspection or investigation shall be provided to the landlord or agent as soon as reasonably possible.
3. Inspection Areas:
Rental property inspections will include a physical inspection of the rental residential property including the interior of all rental units, building exterior, exterior structures such as garages and storage areas, common areas, basements/cellars, laundry areas, electrical, plumbing and storage areas, as deemed appropriate by the inspector/code enforcement official with the exception of personal items.
4. Denial of Access:
Except in the case of an emergency, if a tenant or property owner denies an inspector access to a rental property, the Director of Development Services or his/her designee shall apply to the Circuit Court for the issuance of an administrative search warrant for inspections under this Code.
5. Required Inspections:
Systematic Residential Rental Property inspections will be conducted tri-annually (every three years). Inspections based upon complaints received will be conducted as received and determined as necessary by the Village (see 5-8-1-8-2, 2.).
Violations of this Code and fines shall be as stated in this Chapter or as specified in the Administration Section 1-4 of the Village Code, if no fine is stated in this Chapter.
1. Time Limit for Removal:
When a licensing inspection of a Rental Residential Property reveals any violations of applicable codes, a compliance time frame will be set by the inspector/code official. In establishing a compliance time frame, the inspector/code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The Village shall send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following:
a. Description of the property sufficient for identification.
b. A statement listing the violations of applicable codes.
c. The date upon which the licensing re-inspection will occur.
d. An explanation that if upon completion of the licensing re-inspection, the requirements of applicable Village codes have not been met, it will be recommended to the Director of Development Services that the license be suspended or revoked.
2. Immediate Action:
Notice of violations involving imminent danger to the life, safety, health, welfare and/or property of the landlord and/or tenants may be made by any means reasonably calculated to provide actual notice, which shall include but not be limited to personal delivery, registered or certified mail, or posting of an appropriate notice on the premises.
3. Occupancy Denial:
In the case of imminent danger or fire hazard, structural failure or danger of imminent collapse, interruptions or failures in plumbing, heating, electrical systems, or other hazardous health situations, the Village may order immediate repair or correction and may order the premises vacated pending such repair or correction.
4. Citation Issuance:
If at the conclusion of the period established for corrective action, the violation has not, in the Village's reasonable judgment, been satisfactorily corrected, then the Village may issue citations in accordance with provisions of this Code, suspend or revoke the license for the affected unit or units, and have the rental unit vacated. Citations for local municipal violations are adjudicated through the Village of Orland Park Administrative Adjudication of Non Vehicular Code Violations, Title 1, Chapter 14.
a. Units vacated under this subsection shall be posted with signs indicating that the unit has been determined to be "Illegal", or if applicable "Unfit for Habitation"' and that occupancy is prohibited until the rental unit has been inspected to verify that the violation has been corrected.
b. Any person who defaces or removes a posted sign as described in 4a above without the approval of the Village shall be in violation of this Code.
5. Time Limit to Vacate a Building or Unit:
If notification has been presented to the landlord that the property is not properly licensed or that the license has been suspended or revoked, the rental property or properties shall be vacated within sixty (60) days of notification by the Village.
a. If said property is not vacated within the sixty (60) day period, the landlord will be responsible for all fines as set forth in this Code. Citations will be issued with a mandatory court appearance. Fines imposed upon rental property owners who have initiated statutory eviction proceedings against tenant(s) pursuant to the Crime Free Program of this Code (Section 5-8-3-2) shall be waived so long as such eviction proceedings are pending and being actively pursued. This waiver does not relate to fines resulting from property maintenance violations.
b. Notification will be either personally delivered or mailed to the land-lord or property agent as listed on the most recent registration application. This notice to the tenants and occupants will be posted:
1 You are hereby notified that the license for this structure has been revoked or the owner has failed to license this residential rental property pursuant to Chapter 5 Title 8 of the Village of Orland Park Code.
2 You must vacate this structure within sixty (60) days of the date of this notice.
3 If you fail to vacate this structure, you will be in violation of this above referenced Code and subject to penalties and fines with a minimum of $250.00 and a maximum of $1,000 for each day you are found to be in violation with a mandatory court appearance.
6 Hearing/ Right of Appeal:
Whenever a property owner gets notice of a permit denial, suspension or threatened revocation and required vacating of a license issued under this Chapter, the licensee shall have the right to request a hearing. The request shall be made within seven (7) days of receipt of the notice. The request shall be made by certified or registered mail, overnight courier or hand delivery to the Development Services Department.
7 "Crime Free Rental Housing":
The landlord or managing agent will be in violation of this Code if he/she has not complied with all "Crime Free Housing" requirements as stated in Section 5-8-3-2. The Chief of Police or his/her designee shall designate a Crime-Free Rental Housing co-coordinator, who shall be responsible for conducting the Crime Free Housing Seminars and maintain a list of the attendees and their dates of attendance.
8 Unfit Properties:
The Village may prohibit persons from entering or occupying, except for repair related activity, any Rental Unit, building or structure, including utility and out buildings, found to be unfit, found not to comply with Village codes or ordinances, or that poses dangerous, unsafe, or unhealthy conditions for the building's occupants, passers-by, or the general public. Unfit properties shall be posted with appropriate language that does not permit occupancy. Any person, not the owner, who enters, occupies, uses or any person, including the owner, who permits others to enter, occupy or use the structure after such a posting shall be charged with trespassing. (Village Code Title 8, Chapter. 6 5-1) Each day the Rental Unit building or structure is entered, occupied or used following such a posting shall be considered a separate offense.
Any person, firm, corporation, or other entity violating any provision of this Chapter shall be subject to the penalties of all applicable codes and such person, firm, corporation, or other entity shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation is committed, continued, or permitted, and upon finding that a violation has occurred, shall be fined in accordance with the appropriate provisions of this Chapter and according to the fine schedule located in Appendix B for this and subsequent or continuing violations.
(Amd. Ord. 5103, 6-6-16; Amd. Ord. 5224, 10-2-17)
ABANDONED DWELLING: A dwelling unit, building, structure, property, or part thereof that has not been actively used for its intended, designed, or permitted purpose for a period of twelve (12) consecutive months, or for a cumulative period of eighteen (18) months during any three (3) year period.
ABANDONED USE: A non-conforming use within a dwelling unit, building, structure, property, or part thereof, that has been discontinued for a period of twelve (12) consecutive months, or for a minimum of eighteen (18) months during any three (3) year period.
APARTMENT: A unit within an apartment building.
APARTMENT BUILDING: A residential building containing three or more dwelling units. An apartment building may also be classified as a multi-family dwelling.
APPROVED: Having received approval of the Village of Orland Park Development Services Department.
BATHROOM: A room meeting the criteria of Section 5-8-4-3 (1).
BEDROOM: A room within a dwelling unit capable of being used for sleeping purposes, having a closet and an openable window, and meets the minimum square footage requirements as described in 5-8-4-3 (3b) as provided in the International Property Maintenance Code (2006 or as adopted edition).
CRIME FREE RENTAL HOUSING PROGRAM: A system of rules used to educate rental housing unit owners, owner's mangers and/or agents for the control and record keeping for any municipal violation or criminal activity as defined by local, state or federal law. This includes the environmental design for rental housing units and facilities.
DANGEROUS BUILDINGS, STRUCTURE, OR PREMISES: Any building, structure or premises that has become or remains in an unsafe or dilapidated condition so to pose a danger to public health, safety or welfare.
DWELLING UNIT: One or more rooms containing individualized cooking, sleeping and sanitary facilities which is designed to be occupied or intended for use by one household.
FAMILY: An individual, or two or more persons related by blood, marriage or adoption, living together as a single household unit; or a group of not more than four (4) persons not related by blood, marriage or adoption, living together as a single household unit.
GRADE FLOOR OPENING: Window or other opening located such that the sill height of the opening is not more than forty-four inches (44") above or below the finished ground level adjacent to the opening. (Amd. Ord. 5343, 10-15-18)
GRANDFATHERING: Permitted use of a previously existing non conformity. (See "Previously Existing Non-Conformity").
HABITABLE ROOM: Any room meeting the requirements of this Code for living, sleeping, cooking or dining purposes, but not including bathrooms, pantries, hallways, storage areas, utility rooms, or unfinished cellars/basements, or attics.
HOT WATER: Water at a temperature of not less than 110F.
HOUSEHOLD: see Family
IMMEDIATE FAMILY: Kinship members including:
Mother: a female parent
Father: a male parent
Son: a male child of the parent(s)
Daughter: a female child of the parent(s)
Brother: a male child of the same parent(s)
Sister: a female child of the same parent(s)
Grandfather: a parent's father
Grandmother: a parent's mother
Grandson: a child's son
Granddaughter: a child's daughter
IMMINENT DANGER: A condition which could cause serious or life-threatening injury or death at anytime.
KITCHEN: An area or room meeting the criteria of Section 5-8-4-3 (2).
LANDLORD: The land Owner, lessor, or sublessor of Rental Residential Property.
LESSEE: See Tenant
MULTI-FAMILY RESIDENCE: A single building that is set up to accommodate more than one family living separately. The units are attached along and sharing one or more common walls and one or more shared common corridors. This definition does not include townhouses.
OCCUPANT: A person who lives in a dwelling unit. An occupant who is not an individual owner is a tenant.
OWNER: The land owner, person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the Land records of Orland Park, Illinois, as holding any interest in title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the Personal Representative of the estate of such person if ordered to take possession of real property by a court.
OWNER'S AGENT: A person eighteen (18) years of age or older who maintains a primary residence (as defined herein) or an office for the purpose of transacting business in the Village of Orland Park and is customarily present to perform the duties of managing agent on a full time basis whether the rental unit is occupied or not.
PREVIOUSLY EXISTING NON CONFORMITY: Occupancy levels or permissible number of units in a dwelling granted prior to the adoption of The Village Land Development Code, which would be less under that Code or subsequent amendments.
PRIMARY RESIDENCE: A dwelling unit maintained and occupied on a routine basis by at least one individual owner more than 50% of the year and can be proven to be that individual owner's legal residence through tax records or other official documents filed with the state or federal government. A residence occupied by its owner 50% or less of the year is classified as a "Secondary Residence".
PROPERTY MAINTENANCE CODE: The duly adopted Property Maintenance Code of the Village of Orland Park. (Title 5 Chapter 7)
REGISTRATION: The process by which owners submit application for a license to operate one or more rental units in the Village. All rental units must be licensed and registered to be occupied by tenants. A license and occupancy may be refused or revoked by the Village on units not in compliance.
RENTAL RESIDENTIAL PROPERTY: See Residential Rental Housing.
RENTAL UNIT: An independent dwelling unit not occupied by the owner as a primary or secondary residence. See "Residential Rental Housing" definition.
RENTER: A Tenant. (See Tenant).
RESIDENTIAL RENTAL HOUSING: A dwelling, townhouse, condominium, dwelling unit, rooming unit, building, premise or structure for residential use by a person or persons who is not the legal owner of record. Units occupied by immediate family as herein defined are not considered residential rental housing. This Code is not intended to, an does not, apply to hotels, motels, nursing homes or assisted living facilities.
SECONDARY RESIDENCE: A dwelling unit occupied by an owner less than 50% of the year and occupied by no one else at any time except for individuals related by blood or marriage when the owner is actually present.
SINGLE FAMILY RESIDENCE: A building designed to be occupied by a family; single household. See Family
SINGLE FAMILY RESIDENCE, ATTACHED: A dwelling unit that shares common walls with at least one (1) other dwelling unit.
SINGLE FAMILY RESIDENCE, DETACHED: A building designed to be occupied by a family; a dwelling unit that is developed with open yards on all sides, but not including recreational or motor vehicles.
TENANT: A person not the owner who occupies a dwelling unit with the consent of the owner for monetary or non-monetary consideration.
TOWNHOUSE: A single family attached dwelling unit which shares one (1) or more common walls between any two (2) units and in which each unit has living space on the ground floor and in a separate entrance on the ground floor.
VILLAGE: The Village of Orland Park, Illinois.
VILLAGE MANAGER: The Village Officer appointed by the Board of Trustees of the Village to act as Village Manager.
ZONING ORDINANCE: The Village of Orland Park Land Development Code.
(Amd. Ord. 5648, 10-18-21)
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