For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“DWELLING UNIT.” A single unit providing complete independent living facilities for one or more persons, in accordance with occupancy limitations, including permanent provisions for living, sleeping, eating, cooking and sanitation.
“OPERATE.” To own, manage, maintain, rent, lease, advertise, or offer for rent or lease any residential rental property or any dwelling unit therein for the purpose of renting to others.
“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 residential rental property as herein defined.
“PERSON.” An individual, partnership, corporation, business trust, estate, trust, beneficial interest holder, association or any other legal or commercial entity.
“PROPERTY.” Any unimproved or improved real property or portion thereof situated in the village, including the buildings or structures located on the property regardless of condition.
“PROPERTY AGENT.” A natural person designated in writing to the village as having authority to manage a residential rental property including the authority to receive notices or citations. Such a person shall reside or maintain regular office/business premises at a location within 50 miles of the corporate limits of the village. An owner of five or more residential rental properties must have a property agent meeting the foregoing requirements with respect to such properties. An owner of five or more residential rental properties may designate himself or herself as property agent for such properties if he or she complies with the foregoing requirements. Owners of four or less residential properties shall not be required to use or maintain a property agent with respect to such rental properties.
“RENT.” To provide or offer for possession or occupancy any residential rental property, as herein defined.
“RENTAL LICENSE.” A license required for any owner of a residential building, structure, dwelling, or dwelling unit who rents, leases, or controls any portion of the property, building, or structure to another person, business, corporation, or entity for any fixed period of time.
“RESIDENTIAL RENTAL PROPERTY.” Any dwelling unit that is located either within a multi-family dwelling unit, a townhome structure, a single family detached residence or a single family attached residence or 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 a single family attached residence 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, and 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.
“TENANT.” The person or persons occupying the residential rental property pursuant to a rental agreement or lease for income or for payment to the owner in return for the right to occupy or use the residential rental property.
(Ord. 16-1260, passed 3-2-16; Am. Ord. 17-1367, passed 5-3-17)