(A) Declaration of Purpose. It is the purpose of this section to provide for the registration and inspection of multi-family residential rental properties within the village so as to protect the health, safety and welfare of the residents of the village, to facilitate more effective communication between the village and rental property owners, to facilitate the enforcement of minimum standards for maintenance of rental properties to be free from nuisance and substandard, unsafe and/or non-code compliant conditions through a regulatory process rather than complaint-driven enforcement, to ensure the continued provision of safe and healthful potable water to residents through the Village's water service while protecting the integrity and intended use of the Village's water system, and to aid in the preservation of the character of the village and its property values.
(B) Definitions. Unless the context shall otherwise require, terms used in this section shall have the following definitions:
CODE OFFICIAL: | The village manager, or such other person(s) designated by the village manager. |
COMMON AREAS: | Any part of a multi-family dwelling containing three (3) or more rental dwelling units or the underlying property not exclusively available to an individual tenant, including, but not limited to, building exterior, yard, basement, mechanical rooms, stairways, laundry facility, lobby, mailroom or roof. |
DWELLING: | A building or portion thereof containing as principal uses one or more dwelling units, but excluding house trailers and recreational vehicles. |
DWELLING UNIT: | Any room or suite of rooms with complete independent facilities for the exclusive use of a person or family, including, but not limited to, permanent provisions for living, sleeping, eating, cooking and sanitation. |
FAMILY: | A group of persons, not necessarily related by blood or marriage, living together as a single housekeeping unit. |
INSPECTION: | |
LEASE OR RENT: | To permit possession and occupancy of a dwelling unit for consideration. |
OWNER: | Any person, agent, operator, firm or corporation who alone, jointly or severally with others, shall own or have charge, care or control of, any dwelling or individual unit within the village as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the titleholder. |
PROPERTY MAINTENANCE LAWS, ORDINANCES, AND REGULATIONS: | The most current edition of the international property maintenance code as adopted by reference by the village board, along with such other codes and ordinances adopted by the village, including, but not limited to, building, electrical and plumbing regulations and life safety regulations such as smoke and fire detector regulations. |
RENTAL DWELLING UNIT: | All dwelling unit premises which are currently advertised, marketed for, otherwise available for lease or rent or which are actually rented under verbal or written lease by the owner to one or more tenants, and also to the use of premises by one or more persons other than the owner or owners thereof, who may be permitted by such owner to occupy such premises rent free or without consideration being paid to the owner or owners for such use. |
TENANT: | A permitted occupant, other than an owner, who occupies a rental dwelling unit. |
WATER SYSTEM: | |
(C) Applicability.
1. The provisions of this section shall apply to all dwellings in the village of Riverside containing three or more rental dwelling units. Every dwelling containing three or more rental dwelling units, or part thereof, shall conform to the requirements of this section, regardless of the class to which such building may otherwise belong, and regardless of when such dwelling may have been constructed, altered or repaired.
2. This section establishes registration requirements and minimum standards for the human habitation or occupancy of rental dwelling units and dwellings containing three or more rental dwelling units in the village, and does not replace or modify the standards otherwise established for the construction, replacement or repair of buildings contained in the building ordinances of the village, except such as are in conflict with the provisions of this section.
(D) Registration.
1. Registration Required. It shall be unlawful for any owner to lease or allow occupancy of any rental dwelling unit in a dwelling containing three or more rental dwelling units within the corporate limits of the village without first registering the unit with the village.
2. Registration Period. The rental property registration period shall run from January 1 to December 31 each year. Registration shall be required annually and shall be completed prior to January 1 of each year thereafter, regardless of a property’s initial registration date. The Village shall notify the registered owner of a property in writing if it determines that the property is subject to the registration requirement, and the owner shall register the property and comply with all registration requirements within 30 days of delivery of such written notice.
3. Application. Registration shall be on a form provided by the village, which shall be filled out in its entirety, truthfully and accurately. The following shall be provided by the owner:
(a) The address of the dwelling containing three (3) or more rental dwelling units;
(b) The number of separate rental dwelling units within the dwelling, the addresses of all rental dwelling units, and the number of units currently occupied;
(c) The full legal name, address, telephone numbers (home, mobile and work) and email address of each and every owner;
(d) Name and contact information for any agent or representative of the owner, where applicable;
(e) Service address for service of notices of violation or citations related to any dwelling containing three (3) or more rental dwelling units;
(f) 24-hour emergency contact phone number;
(g) A registration fee and any applicable late fee;
(h) The total square footage designed for living and sleeping purposes within each rental dwelling unit; and
(i) The water account number associated with the premises.
(j) Such other information as may be required by the Village.
4. Registration Fee. The annual fee for registration shall be $15.00, and shall be due on December 31. A $5.00 late charge shall be imposed for each month or portion of a month past the due date that registration is received by the Village. The maximum fee inclusive of late charges shall be $65.00. Any existing registration delinquency must be paid prior to issuance of a renewal registration.
5. Change in registration information. The owner of a rental dwelling unit subject to registration with the village, shall re-register within thirty (30) days after any change occurs in registration information. Registration and/or inspection fees shall not apply to changes in registration information.
(E) Residential Rental Certificates of Compliance.
1. Residential Rental Certificate of Compliance Required. A residential rental certificate of compliance shall be required for each dwelling containing three (3) or more rental dwelling units. Commencing in January, 2022, it shall be unlawful for any owner to lease or allow occupancy of any rental dwelling unit in a dwelling containing three (3) or more dwelling units within the corporate limits of the village without first obtaining a residential rental certificate of compliance for the dwelling following inspection.
2. Issuance of Certificate. The residential rental certificate of compliance shall be issued only after both of the following are completed:
(a) Registration of the dwelling containing three (3) or more rental dwelling units with the village’s building department; and
(b) Inspection by the village code official or their designee, or by such other person or method as authorized by this Section, pursuant to Section 8-6-6 of the village code.
The code official shall issue a residential rental certificate of compliance to the owner unless the code official has determined that a dwelling containing three (3) or more rental dwelling units is not in compliance with all applicable water service or property maintenance laws, ordinances, and regulations.
3. Validity. Once a residential rental certificate of compliance is issued, it shall be valid and continued until the sooner of any of the following occurs:
(a) The residential rental certificate of compliance expires or terminates as set forth in this section or is lawfully revoked or suspended.
4. Transfer. A residential rental certificate of compliance shall be personal to the owner of a rental dwelling unit and is not transferable or assignable to a subsequent purchaser except upon application to the Village, registration by the purchaser with updated information pursuant to this Section and a determination by the Village that the property is currently in full compliance with this section and other village code requirements.
5. Interim Occupancy Following Initial Effective Date. Following the effective date of this section, any owner of a rental dwelling unit who has registered as required by this section may continue to permit the occupancy of rental dwelling units by current or new tenants pending any required inspections necessary to receive a certificate of compliance.
(F) Fees. The owner of a dwelling with rental dwelling units shall pay the fees for inspections and reinspections as hereinafter set forth:
1. Annual common area inspection | 100.00 |
2. Rental dwelling units in multi-family buildings | 55.00 |
3. Reinspection of rental dwelling unit in multi-family building, where necessary1 | 55.00 |
4. Professional Inspection Fee (for inspections of individual rental dwelling units performed by a licensed professional building inspector of owner’s choosing, and at owner’s cost, during first three (3) years of program) | 15.00 |
5. Self-Certification Fee | 15.00 |
Notes: 1. Reinspection fees may be applied when an owner or occupant fails to provide a 24 hour notice for an inspection cancellation request, fails to appear or otherwise provide access to the property pursuant to a scheduled inspections, or requests to reschedule building inspections two or more times within one calendar year. The village manager or their designee may waive a reinspection fee upon request. | |
(G) Inspections.
1. Applicable Codes: The village shall utilize the applicable provisions of the village code, as adopted and amended by the board of trustees, as the established standards for the inspection of rental dwelling units pursuant to this chapter.
2. When required. For each dwelling containing three (3) or more rental dwelling units, inspection shall be made to obtain and maintain compliance with the standards of this article based upon the following:
(a) Inspections of the building exterior, common areas, basement and utility areas shall be conducted annually by the Village.
(b) Initial inspections of all rental dwelling units in dwellings containing three (3) or more rental dwelling units shall take place between January 1, 2022 and December 31, 2024. During each of those initial three (3) years, annual inspections shall be conducted of not less than twenty percent (20%) of the individual rental dwelling units. The percentage of rental dwelling units to be inspected each year shall be determined by the Village and every dwelling unit must be inspected no less than once every three (3) years. Individual dwelling units to inspect shall be randomly selected. Inspections performed pursuant to this subsection may be performed by the Village or, at the option of an owner of a dwelling with no documented complaints or code violations for the past twelve (12) months, by a licensed professional building inspector using a checklist and certification form provided by the Village.
(c) Starting January 1, 2025, a Village inspection of not less than twenty (20) percent of the individual rental dwelling units shall be conducted annually. Each rental dwelling unit must be inspected no less than once every three (3) years. Individual dwelling units to be inspected shall be randomly selected. An owner of a dwelling with no documented complaints or code violations for the past twelve (12) months however, is eligible for self-certification in lieu of a Village inspection. Self-certification shall include completion of a checklist and sworn statement on a form provided by the Village. Self-certification is not available for owners who have had any violations noted on an annual fire inspection or the last inspection made pursuant to this section.
(d) Additional inspections may be required for any of the following reasons:
(i) A complaint received by the village indicating that there is a violation of the standards or the provisions of the water service or property maintenance laws, ordinances, and regulations adopted by the village, including without limitation those that may directly or indirectly harm the water system or undermine the purposes for which water service is provided;
(ii) An observation by the village of a violation of the standards or the provisions of the water service or property maintenance laws, ordinances, and regulations adopted by the village, including without limitation those that may directly or indirectly harm the water system or undermine the purposes for which water service is provided; or
(iii) A request for an inspection by a tenant.
3. Notice of Inspection. The code official shall provide at least fourteen (14) days' notice of the inspection to the owner by regular mail, email, or hand delivery prior to inspection, using the owner-provided registration information. Upon receipt of the notice of inspection, the owner shall notify the tenant of the date and time of the inspection on a form provided by the village, by personal service of the notice to an occupant who is fourteen (14) years of age or older or by placing the completed form under or on the door of the rental dwelling unit at least seven (7) days prior to the inspection. The form shall contain a certification that the owner has served such notice. Such notices shall inform the tenant of their right to refuse to consent to the inspection, the potential consequences of such refusal pursuant to section 8-6-5 of the village code, and to require the village to obtain an administrative search warrant. If the tenant refuses consent to the inspection, then the code official shall be authorized to obtain an administrative search warrant as provided in subsection (G)5 of this section. The code official may establish procedures to assure reasonable notice in certain circumstances, e.g., lack of cooperation by owner, in which case service and posting requirements need not comply with the requirements of this subsection. Inspections may be scheduled with fewer than fourteen (14) days' notice with the express written or verbal consent by the owner and current occupant (if any).
4. Scope of Inspections. The code official shall, prior to entering an occupied rental dwelling unit, give the owner or owner's authorized agent a reasonable opportunity to be present during the inspection. The code official, when inspecting the dwelling or rental dwelling unit, shall limit the scope of the inspection to only those items that pertain to the ordinances and regulations directly or indirectly related to water service or the village water system and applicable to the dwelling or rental dwelling unit being inspected. Unless otherwise specified in a court order or warrant, the code official will not inspect or search personal property of the tenant. The code official, while performing the duties of his/her office, will otherwise fully consider the privacy and dignity of the owner and tenant, and will not enter or open closets, medicine cabinets or the other closed cabinets or lockers unless the code official has reasonable grounds to believe that to do so would establish evidence of code violations including without limitation those directly or indirectly related to water service or the village water system (including the purposes therefor), or unless pipes or other areas related to water service can only be reasonably accessed through such closets or cabinets. If a tenant desires to be present for an inspection and it would result in an unusual hardship for that resident to be present during regular village business hours, the code official shall attempt to conduct the inspection at a time reasonably convenient to the tenant.
5. Administrative Search Warrant. The inspections required by this section shall be administrative in nature. When an owner of a dwelling or a tenant of a rental dwelling unit refuses to allow the code official to inspect the dwelling or rental dwelling unit(s), nothing in this section shall be construed as prohibiting the code official from applying to the circuit court for an administrative search warrant or other court order authorizing such inspection. The code official's decision whether to obtain an administrative search warrant shall not preclude the code official from (i) ordering the vacation of a rental dwelling unit in a dwelling not having a valid residential rental certificate of compliance, (ii) imposing surcharges, (iii) terminating water service, or (iii) seeking judicial relief for the unlawful occupancy of a rental dwelling unit in a dwelling with a valid certificate. An application for an administrative search warrant shall not be a waiver of the village's right to seek other remedies.
6. Frequency of Inspections.
(a) Inspection Based On Cause. Nothing in this section shall preclude the inspection of a dwelling when the code official has notice or a reasonable suspicion that the dwelling has one or more violations of any applicable property maintenance law, ordinance, or regulation.
(b) Reinspections. The code official shall be authorized to conduct reinspections of dwellings and/or individual rental dwelling units following an initial inspection if the code official has found code violations and has given the owner or tenant notice of the violations with a directive to correct those violations within a specific time.
(c) Regular Inspections. The code official shall be authorized to conduct regular inspections of rental dwelling units as provided in this section, within the ninety (90) days prior to any renewal date of a residential rental certificate of compliance.
(H) Violations.
1. Compliance Time Periods. If an inspection reveals any violation, a compliance time period shall be set by the code official, who may establish compliance time periods during which violations must be corrected based on the seriousness and nature of the violation. If the violations do not pose an immediate threat to life safety of the tenants of the dwelling or the occupants of nearby dwellings, or of immediate harm to the village's water system, the owner of the rental dwelling unit will then be permitted to allow the interim occupancy of the dwelling by tenants during the specified compliance time period. When the code official finds violations that threaten the life safety of the tenants of the rental dwelling unit or the occupants of nearby dwellings, or of immediate harm to the village's water system, the code official may deem the dwelling and/or an individual dwelling unit a nuisance and uninhabitable in accordance with applicable law. The code official's decision shall be subject to appeal as provided by applicable law.
2. Notice of Violations. The code official shall serve notice of the violation(s), and the applicable compliance time period for each violation, on the owner by regular mail, email or hand delivery using the owner-provided registration information. The notice shall include the following:
(a) Identification of the property;
(b) A statement listing the violations observed and applicable code sections;
(c) The time period for compliance;
(d) A statement that the owner has a right to request a hearing before the village manager to contest the finding of violations;
(e) An explanation that all violations and warning conditions must be corrected within the compliance time period, or penalties may result, and the residential rental certificate of compliance will be subject to denial, suspension, revocation or nonrenewal.
3. Appeal. The existence of a violation specified in a violation notice may be appealed to the village manager by requesting a hearing. Said request for a hearing must be received by the village manager within eight (8) days following the date such notice was personally delivered, emailed, or placed in the mail. If such a request for a hearing is not received within that time period, the code official’s determination that a violation exists shall become final. If such a request for a hearing is received, the village manager or their designee shall hold a hearing no later than thirty (30) days after the date the request is received, sending notice of the hearing place and date to the owner. The village manager shall review the evidence submitted at the hearing, and shall make written determination as to whether a violation exists. The village manager’s determination shall be final.
4. Compliance Monitoring and Reinspections. The code official shall monitor compliance with the notice of violation through periodic tracking and inspection of the repair status. A reinspection will be conducted at the request of the owner to determine if any violations have been corrected prior to expiration of the time allowed to correct any violation.
5. Minimum Standards. Except as otherwise specified in this section, no rental dwelling unit shall be occupied or continued to be occupied unless the rental dwelling unit and dwelling in which said unit is located complies with registration and residential rental certificate of compliance requirements of this section, the provisions and standards of the laws, ordinances and regulations adopted by the village, and is maintained in a structurally sound condition and kept free from health, fire, and other hazards to life and property.
6. Failure to Correct. If the owner of the dwelling fails to bring the dwelling into compliance with the requirements of subsection (H)5 above within the applicable compliance time period, a violation and public nuisance exists, and the code official shall be authorized to deny the issuance of, or to suspend, revoke or fail to renew any previously issued residential rental certificate of compliance still in effect. In addition:
(a) the code official shall provide notice to the owner of a determination to deny, suspend, revoke or not renew a residential rental certificate of compliance. Notice of the proposed action shall be provided to the owner by regular mail, email or hand delivery using the owner-provided registration information. Said notice shall inform the owner of the right to request a hearing regarding the proposed action, as described in subsection (H)9 below; and
(b) The code official shall also notify the owner and all tenants of the dwelling by posting a notice on all entrances to the dwelling, containing the name and address of the owner, address and/or name of the residential structure, and the following statement:
You are hereby notified that the residential rental certificate of compliance for this property has been suspended, revoked or denied, or this dwelling is operating without a residential rental certificate of compliance. No existing lease shall be renewed and no new lease shall be entered into with respect to any rental dwelling unit located within this building until such time as compliance with Village requirements has been achieved; and
(c) In addition, a violation of this section exists and the owner shall be subject to the penalties set forth in subsection (J).
(d) The remedies for violations set forth in this section are not exclusive. Nothing in this section prohibits the ability of the Village to abate public nuisances, or to engage in other enforcement actions relative to public health and safety violations.
7. Posted Notice. In the event that any notice posted in accordance with subsection (H)6 of this section is removed without the approval of the code official, the code official may post a notice on the property containing the name and address of owner, address and/or name of the residential structure, and the statement set forth in subsection (H)6.
8. Additional Inspections Required. If during an inspection or reinspection any dwelling unit is determined to be unfit for human occupancy pursuant to the village’s property maintenance laws, ordinances, and regulations, an additional twenty percent (20%) of the rental dwelling units in the subject dwelling shall be inspected. If similar violations are observed in the additional rental dwelling units, the owner’s entire dwelling shall be subject to inspection. All additional rental dwelling units inspected or reinspected shall be subject to inspection fees as set forth in this section.
9. Hearing on a Denial, Suspension, Revocation or Nonrenewal. Any owner, whose residential rental certificate of compliance is denied, suspended, revoked or not renewed, shall be entitled to a hearing on that denial, suspension, revocation or non-renewal before an administrative hearing officer pursuant to chapter 1-23 of this village code by filing a written request for a hearing with the code official within ten (10) days following the date such notice was personally delivered, emailed or placed in the mail. If such a request for a hearing is received, the administrative hearings system coordinator shall assign a hearing date no later than thirty (30) days after the date the request is received, sending notice of the hearing place and date to the owner. Upon completion of the hearing, the administrative hearing officer may either:
(a) Affirm the denial, suspension, revocation or non-renewal of the residential rental certificate of compliance; or
(b) Stay the revocation of the residential rental certificate of compliance and allow additional compliance time; or
(c) Deny the suspension or revocation of the residential rental certificate of compliance; or
(d) Order issuance of the residential rental certificate of compliance.
An existing residential rental certificate of compliance shall remain in effect during the pendency of a hearing before the administrative hearing officer under this section. Any order of the administrative hearing officer denying, suspending, revoking or not renewing the issuance of a residential rental certificate of compliance shall be final for purposes of judicial review under the administrative review law of Illinois.
10. Final Order Where No Hearing Requested. If a timely request for a hearing is not filed, then the notice of denial, suspension, revocation or non-renewal order shall become a final order for purposes of judicial review upon the expiration of the time for requesting such review, and notice of the final order shall be provided to the owner by regular mail, email or hand delivery using the owner-provided registration information.
11. Effect of Denial, Suspension, Revocation or Non-Renewal. In the event a residential rental certificate of compliance is denied, suspended, revoked or not renewed, or the dwelling containing three (3) or more rental dwelling units is being operated without a certificate, then no existing lease shall be renewed and no new lease shall be entered into with respect to any rental dwelling unit located within the dwelling; and
12. New Certificate. A residential rental certificate of compliance which has been finally denied, revoked or not renewed shall not be reinstated. The owner may, however, obtain a new certificate after all violations have been corrected by following the procedures for obtaining a new certificate as set forth in this section.
13. Removal of Posted Notices. The posted notices required in subsections (H) 6 and 7 of this section by any person other than a code official is prohibited and shall be subject to a fine in the amount set forth in subsection (J) of this section.
14. Costs of Enforcement. Once a notice of violation has been served, the owner shall be responsible for all costs of enforcement, including reasonable attorneys’ fees, associated with the property until the violations are corrected. Such costs, if not paid, shall be a lien on the property.
(I) No Warranty of Habitability. The issuance of a residential rental certificate of compliance shall not be construed as a warranty of habitability of a dwelling unit or any guarantee to the certificate holder or any tenant of the rental dwelling that the rental dwelling unit or dwelling in which said unit is located is free from all violations of all applicable property maintenance laws, ordinances, or regulations. Nothing in this section shall be construed as creating a duty or obligation of the village or its code official or agents and employees to any individual certificate holder or tenant of or visitor to a rental dwelling unit.
(J) Penalty. Any owner or other person, firm, company, corporation or any agent, employee or contractor who shall fail to register, violate, disobey, omit, neglect or refuse to comply with or resist enforcement of any provision of this section shall, in addition to any other penalty, procedure, or surcharge provided by the village code, be fined not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and each day upon which a violation occurs or continues shall be deemed a separate offense. (Ord. 3095, 8-19-2021; amd. Ord. 4072, 10-5-2023)