(A) It shall be unlawful for any person, firm or corporation to occupy, or permit to be occupied, any rental dwelling unit or rental or non-rental commercial/industrial unit, without obtaining a Certificate of Building Maintenance and Occupancy ("occupancy permit") described in § 29-1-8, or a conditional permit described in § 29-1-9.
(B) For purposes of this code, an on-premises inspection shall be required and an occupancy permit required for each of the following events or occurrences:
(1) Change in rental dwelling unit or rental or non-rental commercial/industrial unit occupancy. Whenever there is a change in occupancy of any structure containing a rental dwelling unit or a rental or non-rental commercial/industrial unit, an application for an occupancy permit shall be made by the owner thereof, or by his or her duly authorized agent or representative, and filed with the Building Inspector/Code Administrator. If an occupancy permit was previously issued for such structure within a 12-month period prior to the change in occupancy, a new occupancy permit for the change in occupancy shall be required; however, a re-inspection shall not be required.
(a) Exception 1. Assisted living facilities and the crisis apartment(s) owned or operated by Human Support Services, which shall apply for an occupancy permit and be inspected on an annual basis.
(b) Exception 2. Skilled nursing and supportive living facilities that are inspected on an annual or more frequent basis by the Illinois Department of Health and/or the Illinois Department of Healthcare and Family Services, which are exempt from the requirements of this section.
(2) Complaint received. Upon receipt of a complaint filed by a tenant occupying a rental dwelling or a rental or non-rental commercial/industrial unit.
(3) Notwithstanding anything contained in this section to the contrary, a Certificate of Use and Occupancy issued by the Building Official under the authority given and requirements stated in the city's Building Code (Chapter 6 of the city's Municipal Code) will be considered and is to be expressly distinguished from a Certificate of Building Maintenance and Occupancy under this code.
(C) Exempt property. Notwithstanding anything contained in the preceding divisions (A) and (B) of this section, neither an on-premises inspection nor a Certificate of Building Maintenance and Occupancy shall be required for newly constructed structures for which a Certificate of Use and Occupancy has been issued by the Building Official under the authority given and requirements stated in the city's Building Code until after the lapse of five years following the date of the issuance of said Certificate of Use and Occupancy; nor shall an on- premises inspection or a Certificate of Building Maintenance and Occupancy be required of a single-family dwelling unit upon change of occupancy, unless same has been rented during the preceding 12 months.
(D) A fee for each inspection, Certificate of Building Maintenance and Occupancy issued, and re-inspection, if required, shall be paid as required in accordance with the schedule as established by Chapter 12 of the city's Municipal Code, as amended from time to time, or other ordinances of the city.
(Ord. 1492, passed 9-15-2008; Am. Ord 1548, passed 4-26-2010; Am. Ord. 1889, passed 4-1-2024) Penalty, see § 1-1-19