(A) Suspension: A license may be suspended when violations of applicable City ordinances have been identified by the department and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations, but has failed to do so. A license may also be suspended when any information provided in the license application is determined by the Code official to be false.
(B) Violation Notice: When an inspection of a licensed rental residential property reveals any violations of applicable ordinances, a compliance time frame will be set by the Code official using the standard as set forth in subsection 3-11-6(C) of this chapter. The Code official 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:
1. Description of the rental residential property sufficient for identification;
2. A statement listing the violations of applicable ordinances;
3. A statement on the date upon which re-inspection will occur; and
4. An explanation that if upon completion of the re-inspection that the requirements of applicable City ordinances have not been met, that the license for rental residential property will be suspended.
(C) Re-Inspection: A re-inspection will be conducted at the end of the compliance time frame. In the discretion of the City Building Inspector, Code Enforcement Official, or their designee, the property owner may submit photographic evidence of compliance that may avoid the need for reinspection if provided within the compliance time frame. If the Code official finds that the requirements of applicable City ordinances have not been met upon the completion of such re-inspection, the license for the rental residential property shall be suspended.
(D) Suspension Notice: When a license is suspended, the Code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested, or personally served upon the property owner or the property agent listed on the most recent license application. The notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement of the reasons for the suspension;
3. An explanation of the property owner's right to appeal the suspension;
4. If the property owner changes his or her address or changes property agents and fails to notify the department, such notice shall be sufficient if sent by certified mail to the owner or his or her property agent's last address provided on the last license application.
(E) Re-Inspection Prior To Revocation: A property owner whose license has been suspended may request a re-inspection prior to revocation. If, upon re-inspection, the department finds that the licensed rental residential property in connection with which the notice was issued is now in compliance with this chapter, the Code official may reinstate the license. The request for a re- inspection shall not stay the revocation of the license unless the Code official grants such request pursuant to a showing of good cause by the property owner.
(F) Appeal: Any person whose license has been suspended shall be entitled to appeal the suspension by filing a petition with the Spring Valley City Clerk who shall refer the appeal to the Spring Valley Zoning Board of Appeals for consideration of such petition and recommendation by the Spring Valley City Council to either affirm or reverse the suspension or revocation. Such an appeal shall operate as a stay of the suspension or revocation until such time as the Spring Valley Zoning Board of Appeals and the Spring Valley City Council render a decision on the appeal. A hearing shall be scheduled in accordance with the provisions of this Code and the rules and regulations of the Spring Valley Zoning Board of Appeals. The Spring Valley Zoning Board of Appeals considering any such petition may recommend to the Spring Valley City Council immediate revocation of the license, continuance of the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismissal of the charges and reinstatement of the license. The Spring Valley Zoning Board of Appeals shall make its recommendations in accordance with the provisions of this chapter and its rules and regulations and its recommendations shall be promptly forwarded to the Spring Valley City Council for final action to either accept or reject the recommendation of the Spring Valley Zoning Board of Appeals by the Spring Valley City Council.
(G) Revocation: A license may be revoked when a petition for appeal has not been filed within twenty (20) days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A license may also be revoked when in the opinion of the Code official emergency conditions exist in a rental residential property that require the immediate vacating of a structure due to the condition in the structure which threatens imminent harm to occupants of the structure.
(H) New License: A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter, including the payment of all applicable fees.
(I) Revocation Appeal: If a license is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to subsection (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the Appeals Board renders a decision on the appeal.
(J) Notification - Revocation Of License:
1. Whenever a license is revoked, the Code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. The notice shall be sent by certified mail, return receipt requested. The Code official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants and occupants shall include the following:
(a) "You are hereby notified that the license for this structure has been revoked pursuant to the Spring Valley, Illinois Residential Rental Licensing ordinance.
(b) You must vacate this structure within sixty (60) days of the date of this notice.
(c) If you fail to vacate this structure, you will be in violation of the Spring Valley, Illinois Residential Rental Licensing Ordinance of the City of Spring Valley and subject to penalties of fines with a minimum of $50.00 and a maximum of $500.00 for each day you are in violation."
2. Any tenant of the rental residential property may appeal the revocation of the license. Said appeal shall conform with subsection (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the Appeals Board renders a decision on the appeal.
(K) Notification - Failure To License:
1. Whenever an owner or property agent of a rental residential property fails to license said property with the department, the Code official shall notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential property indicating the following:
(a) "You are hereby notified that the owner or agent of this structure has failed to license this rental residential property with the department in violation of the Spring Valley Illinois Residential Rental Licensing Ordinance.
(b) You must vacate this structure within sixty (60) days of this notice.
(c) If you fail to vacate this structure, you will be in violation of the Spring Valley, Illinois Residential Licensing Ordinance adopted by the City of Spring Valley and subject to penalties and fines with a minimum of $50 and a maximum of $500 for each day you are in violation."
2. Any tenant of the rental residential property may appeal the Code official's order to vacate the structure because the owner has failed to license said property with the department. Said appeal shall conform with subsection (F) of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the Appeals Board renders a decision on the appeal. (Ord. 1643, 10-10-2016; amd. Ord. 1842, 6-6-2022)