(A) Certificate Of Occupancy Requirement:
1. No person, whether an owner, manager, agent or sublessor, shall operate and no owner shall permit the operation of a dwelling unit or rooming house or rent or lease or offer to rent or lease any rental unit unless such establishment or rental unit has been granted a certificate of occupancy from the village as provided herein.
2. No person in charge of any dwelling shall permit or allow any rental unit in such dwelling to be rented or leased unless such unit receives a certificate of occupancy as provided herein.
3. The village shall cause periodic inspections of all dwelling units which are subject to this code and located within the corporate limits of the village.
(B) Applicability: This code shall be applicable to all residential properties located within the corporate limits of the village which are rented or leased by persons other than the owner, owners and/or persons not related to the owner or owners or will be offered to others for purposes of occupancy through rental or lease agreements, or by other mutually acceptable agreements leading to occupancy.
(C) Registry Of Owners And Premises:
1. A registry of owners and premises shall be maintained by the building department of the village.
2. The owner(s) of multi-family dwellings units consisting of two (2) or more units which are occupied at the time of enactment of this Section by persons other than the owner, owners and/or persons not related to the owner or owners, or will be offered to others for purposes of occupancy through rental or lease agreements, or by other mutually acceptable agreements leading to occupancy, shall register the name(s) and place(s) of residence or usual places of business of the owner(s) and the location of the premises regulated by this chapter with the building department of the village. The owner(s) shall re-register the property thirty (30) days prior to the expiration of a certificate of occupancy issued by the village which shall be valid for a period of two (2) years. Within thirty (30) days of a change of ownership, the new owner(s) shall register with the village in the same manner as previously set forth.
3. The owner(s) of single family and condominium dwelling units held out or used as rental property must be registered with the building department as a rental property within (30) days of a change of ownership or of the property being held out or used as rental property. The owner(s) shall re-register thirty (30) days prior to the expiration of a certificate of occupancy issued by the village which shall be valid for a period of one (1) year.
(D) Fees:
1. At the time of registration and before the applicable inspection is conducted, an inspection fee of one hundred fifty dollars ($150.00) plus a registration fee of twenty-five dollars ($25.00) per rental unit shall be paid by the owner(s) or operator(s) of each one-family, two-family, condominium or multi-family dwelling structure subject to this Code. If more than one (1) reinspection is required before the issuance of the occupancy permit, an additional fee of one hundred dollars ($100.00) shall be paid by the owner(s) or operator(s) for each additional re-inspection. The additional reinspection fee shall not be charged if the subsequent re-inspection concerns conditions that have not been subject to previous inspection and re-inspection.
2. All inspection and registration fees are payable at the time of registration, and any additional reinspection fees must be paid before the issuance of any occupancy permit required by this code.
(E) Inspections:
1. The village shall cause periodic inspections to be made of all dwellings subject to this Chapter. In no event shall the period between inspections exceed one (1) year for all single family and condominium rental properties and two (2) years for all multi-family dwelling units consisting of two (2) or more dwelling units.
2. Inspections shall be conducted in a manner best calculated to secure compliance with the applicable village regulations and appropriate to the needs of the community.
3. The building commissioner or his designee may request permission to enter all premises regulated by this chapter at reasonable hours to undertake an inspection for compliance.
(F) Inspection Warrants: Where admission to premises to be inspected under the provisions of this code is refused by the occupant or person in charge thereof, the village shall apply to a court of competent jurisdiction for an administrative search warrant to inspect the premises. The administrative warrant shall state the address of the building to be inspected, the nature and reason for the inspection. The administrative search warrant shall state that it is issued pursuant to this chapter and the purpose for which it is issued.
(G) Inspection Policy And Record Keeping:
1. It is the policy of the village that the inspection procedures set forth herein are in the public interest, to secure the health and safety of the occupants of dwellings and the general public.
2. The village shall keep records for all inspections and matters related to the procedures set forth herein.
(H) Certificates Of Occupancy:
1. Dwellings subject to this code shall not be occupied unless a certificate of occupancy has been issued by the village. The rental certificate shall be issued only upon prior inspection of the premises, except as provided in subsection (H)4. of this section. The certificate of occupancy shall be issued within fifteen (15) days after written application therefor if the dwelling at the date of application is entitled thereto.
2. Upon finding that there is no condition that would constitute a hazard to the health and safety of the occupants, and the premises is otherwise fit for occupancy, the certificate shall be issued. If the finding is of a condition that would constitute a hazard to health or safety, no certificate of occupancy shall be issued, and an order to comply with this code shall be issued immediately and served upon the owner. On reinspections and evidence of compliance, the order shall be rescinded and a certificate of occupancy issued.
3. A certificate of occupancy shall be issued on condition that the premises remain in a safe, healthful and fit condition for occupancy. If upon reinspection the village determines that conditions exist which constitute a hazard to the health or safety of the occupants, the certificate of occupancy may be immediately suspended and a notice shall be served upon the owner to correct such violations.
4. An owner or owner authorized agent shall apply for a certificate of occupancy. Inspection and issuance of a certificate of occupancy shall be in accordance with the requirements of this code and with procedures established by the village. The village may authorize the issuance of a temporary certificate of occupancy without inspection for those premises in which there are no violations of record as of the effective date hereof, and shall issue such temporary certificate of occupancy upon applications in cases where inspections are not made within a reasonable time not to exceed one hundred eighty (180) days. Temporary certificates of occupancy may also be issued for premises with violations of record when the owner can show proof of action taken to correct such conditions.
5. It shall be required, and the responsibility of the owner, to maintain the certificate of occupancy, either temporary or permanent, as they are issued, at the premises for which they are issued. The certificate of occupancy shall be displayed on request of a code enforcement officer. Failure to have the certificate of occupancy on display, or failure to produce the certificate of occupancy on request, shall constitute a separate offense for which the owner and/or occupant are liable.
6. Buildings having more than two (2) dwelling units shall post the building certificate of occupancy which shall list all dwelling units in said building in addition to their permitted occupancy loads. The building certificate of occupancy shall be visible at all times.
7. All multi-family dwelling units, single-family dwellings and condominiums held out or used as rental property shall receive a certificate of occupancy if any only if the property has been completely approved and all listed code violations have been abated, and all dwelling units within a multi-family structure are otherwise in compliance with all applicable Codes of the village.
(I) Violations:
1. If, upon inspection, the premises or any part thereof is found to be in violation of any provision of any ordinance of the village, including, without limitation, the fire prevention code, property maintenance code, building code, zoning ordinance, electrical code, plumbing code, cross connection code, or any such other code adopted by the village, the violations shall be recorded by the building commissioner or his designee and retained in the applicable owner and premises files.
2. The owner and lessor or occupant shall be informed of the existence of the violations. The owner and occupant/tenant are responsible for abatement of violations. The notice shall state the date, name of the building commissioner or his or her designee, the specific details of the violation and the time within which the correction shall be completed.
3. A violation which is determined to constitute a hazard to the health or safety of the occupants as defined in the property maintenance code, under circumstances where the premises cannot be vacated, shall be ordered corrected within the shortest reasonable time. All other violations shall be corrected within a reasonable time as determined by the village.
4. If a violation of any village ordinance is found to exist on the premises and the violations are not abated, the village may revoke the certificate of occupancy issued. If a certificate of occupancy is revoked, the certificate of occupancy shall not be reinstated or issued until all violations are abated.
(J) Revocation Of Certificates Of Occupancy:
1. A certificate of occupancy may be revoked at any time during the occupancy of the rental unit for which the certificate of occupancy has been issued if the building commissioner or his designee determines, following a reasonable investigation, that the unit does not comply with the provision of this code. Prior to the revocation of a certificate of occupancy, the building department shall provide the owner, agent or manager and the tenant with a written report stating the defects noted during the investigation and providing a reasonable time for the correction of said defects, except when the conditions of the unit pose an immediate threat to the life, health or safety of the occupants in which case the building commissioner shall issue a notice of revocation to the owner, agent or manager and the tenants immediately and shall then cause the unit to be vacated without delay.
2. If a dwelling unit in a multi-family building is found to be in violation of an ordinance of the village, the village may revoke or suspend the building certificate of occupancy issued to that building as well as the one issued to the specific unit. The certificate of occupancy shall remain revoked or suspended until said violation is abated.
(K) Penalty: Any person violating the terms and conditions of this Code shall be subject to a penalty not exceeding seven hundred fifty dollars ($750.00) with each and every day that the violation of the Code is allowed to remain in effect being deemed a complete and separate offense. In addition, the appropriate authorities of the Village may take such other action as they deem proper to enforce the terms and conditions of this Code, including, without limitation, an action to compel compliance with its terms. That any person violating the terms of this Code shall be subject, in addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees.
(Ord. 1997-06, 8-7-1997, eff. 10-1-1997; amd. Ord. 2001-10, 12-6-2001; Ord. 2002-03, 3-14-2002; Ord. 2024-01, 1-8-2024)