For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
"AGENT." Any person, firm or agency assigned by the owner of the property to represent his or her interest in the rental, lease or sublease of a dwelling unit or units.
"BENEFICIAL INTEREST." Any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the benefit of beneficiaries of such land trust.
"BENEFICIARY." Any person, body politic, corporate or other entity having a beneficial interest in a land trust.
"COMMERCIAL RENTAL PROPERTY." Any building in an area zoned for commercial use of which all or a portion of the building is to be rented or leased to an occupant other than the owner.
"COMMON AREA." All hallways, foyers, communal laundry or storage areas, meeting or party rooms and any other area that is used by all the residents of a building or the general public.
"INDUSTRIAL RENTAL PROPERTY." Any building in a area zoned for industrial or research use of which all or a portion of the building is to be rented or leased to an occupant other than the owner.
"LAND TRUST." Any express agreement or arrangement whereof a use, confidence or trust is declared of any land, or of any charge upon land, for the use or benefit of any beneficiary, under which the title to real property, both legal and equitable, is held by a trustee, subject only to the execution of the trust, which may be enforced by the beneficiaries who have the exclusive right to manage and control the real estate, to have the possession thereof, to receive the net proceeds from the rental, sale, hypothecation or other disposition thereof, and under which the interest of the beneficiary is personal property only.
"MANAGER." See "AGENT" and "PROPERTY MANAGER".
"MULTIPLE FAMILY RENTAL UNIT." Any structure in which more than two rental dwelling units are located and access to which is through a common area. (Does not include hotel or motel.)
"HOTEL OR MOTEL." Any building or structure used or held out to the public to be a place where sleeping accommodations are furnished or maintained for 20 or more persons for a period of one day or more.
“INSTALLMENT LAND CONTRACT.” A conditional contract for the sale of real estate whereby the buyer makes periodic payments to the seller and the seller retains title to the property until all payments are made. Also known as a contract for deed.
"OWNER." The person or persons, jointly or severally, that hold the legal or equitable title or the most substantial or controlling portion thereof to a parcel of property, including a mortgage holder in possession. Without otherwise limiting the generality of the foregoing, an owner shall include all persons or entities that lease or otherwise allow any persons other than such owner to occupy or possess any rental property or rental unit as herein defined.
"POWER OF DIRECTION." The authority to direct the trustee to convey, execute a mortgage, distribute proceeds of a sale or financing, and execute any other documents incidental to the existence of a land trust.
"PROPERTY MANAGER." Any person either residing in or on rental property and functioning as an agent for nonresident rental property owners.
"RENTAL PROPERTY." Any dwelling unit or commercial/industrial space or building that is located either within a multi-family dwelling unit, townhome structure, single-family detached residence or commercial/industrial structure that is rented, leased or subleased to an occupant is intended for occupancy by one other than the owner, or a dwelling unit occupied by a contract purchaser under an installment land contract. Notwithstanding the absence of a traditional written or oral lease, a dwelling unit or commercial/industrial space or building that is located either within a multi-family dwelling unit, townhome structure, single-family detached residence or commercial/industrial structure shall nonetheless be deemed to be a rental property where, under the totality of the circumstances, it appears that the property is intended to be used and occupied by persons other than the real or substantial owner thereof. Factors relevant to the determination that a property is a rental property within the meaning of the preceding sentence shall include, but not necessarily be limited to the following: a) the identity of the persons or entities shown on the tax bill for the property in question; b) the identity of the person or entity shown on the bills or accounts for utility services to the property in question; c) whether the occupant(s) of the property in question have provided any form of periodic or other consideration to any other party as a condition of the ability of the occupant to occupy the property in question; d) the identity of the person or entity responsible for repairs and maintenance to the property in question, whether such person or entity occupies the property in question, and whether such person or entity receives compensation for performing repairs and maintenance to the property in question; e) whether the property in question is occupied by persons collectively holding a majority of the beneficial interest in any land trust in which title to the property in question is held together with the power of direction over such land trust, or whether the property is occupied by persons collectively holding a minority of the beneficial interest in any land trust in which title to the property in question is held, without the power of direction over such land trust; f) the relative proportions of beneficial interest in any land trust holding title to the property in question held by occupants of the property in question as compared to non-occupants of the property in question; g) the absence of any familial relationship between the occupants of the property and the non-occupant holders of beneficial interest in any land trust holding title to the property in question; h) the relative proportion of ownership interest or title to the property held by owner-occupants as compared to the proportion of ownership interest or title to the property held by non-occupant owners of the property in question, regardless of the form or means by which such ownership or title interests are held; i) whether the property in question is occupied by persons collectively holding a majority of the ownership interest in or title to the property, regardless of the form or means by which such ownership interests or title is held, and j) the presence or absence of any familial relationship between the occupant-owners and the non-occupant owners, regardless of the form or means by which such ownership or title interests are held.
"RENTAL UNIT." Any dwelling unit or commercial/industrial space or building that is located either within a multi-family dwelling unit, townhome structure, single-family detached residence or commercial/industrial structure that is rented, leased or subleased to an occupant or intended for occupancy by other than the owner. Notwithstanding the absence of a traditional written or oral lease, a dwelling unit or commercial/industrial space or building that is located either within a multi-family dwelling unit, townhome structure, single-family detached residence or commercial/industrial structure shall nonetheless be deemed to be a rental unit where, under the totality of the circumstances, it appears that the unit, space or building in question is intended to be used and occupied by persons other than the real or substantial owner thereof. Factors relevant to the determination that a unit, space or building is a rental unit within the meaning of the preceding sentence shall include, but not necessarily be limited to the following: a) the identity of the persons or entities shown on the tax bill for the unit, space or building in question; b) the identity of the person or entity shown on the bills or accounts for utility services to the unit, space or building in question; c) whether the occupant(s) of the unit, space or building in question have provided any form of periodic or other consideration to any other party as a condition of the ability of the occupant to occupy the unit, space or building in question; d) the identity of the person or entity responsible for repairs and maintenance to the unit, space or building in question, whether such person or entity occupies the unit, space or building in question, and whether such person or entity receives compensation for performing repairs and maintenance to the unit, space or building in question; e) whether the unit, space or building in question is occupied by persons collectively holding a majority of the beneficial interest in any land trust in which title to the unit, space or building in question is held together with the power of direction over such land trust, or whether the unit, space or building is occupied by persons collectively holding a minority of the beneficial interest in any land trust in which title to the unit, space or building in question is held, without the power of direction over such land trust; f) the relative proportions of beneficial interest in any land trust holding title to the unit, space or building in question held by occupants of the unit, space or building in question as compared to non-occupants of the unit, space or building in question; g) the absence of any familial relationship between the occupants of the unit, space or building and the non-occupant holders of beneficial interest in any land trust holding title to the unit, space or building in question; h) the relative proportion of ownership interest or title to the property held by owner-occupants as compared to the proportion of ownership interest or title to the property held by non-occupant owners of the property in question, regardless of the form or means by which such ownership or title interests are held; i) whether the property in question is occupied by persons collectively holding a majority of the ownership interest in or title to the property, regardless of the form or means by which such ownership interests or title is held, and j) the presence or absence of any familial relationship between the occupant-owners and the non-occupant owners, regardless of the form or means by which such ownership or title interests are held.
"SINGLE FAMILY RESIDENCE." A dwelling other than those located in a multi-family rental unit.
(Ord. 2340-95, passed 6-7-95; Am. Ord. 14-1120, passed 5-21- 14; Am. Ord. 16-1298, passed 7-6-16; Am. Ord. 17-1367, passed 5-3-17)