1341.17 PHASE-IN PERIOD.

   (a)   No occupant of any rental unit of a residential rental unit which is in violation of this chapter due to the failure of the owner, or other person acting in the same capacity and having the same responsibilities as the owner of the residential rental unit, shall be forced to vacate that structure in calendar year 1989 or 1990 because of this chapter if that occupant resided in the Village prior to the effective date of this chapter.
(Ord. 1346.  Passed 8-14-90.)

   (b)   A vacant substandard rental unit of an unlicensed residential rental unit shall not be occupied unless:

      (1)   The Housing Inspector has inspected the rental unit and the entire structure therein, including the common areas, and has found no major health or safety hazards in the occupied units of the substandard structure.

      (2)   An application for license pursuant to Section 1341.08 has been filed along with the application fee.

      (3)   The Housing Inspector has granted a conditional permit for that structure which will specify:

         A.   Which units of the structure can and cannot be occupied;

         B.   A time limit when the entire structure must be vacated or brought up to code;

         C.   The name and last address of the renter or occupant; and

         D.   A signed statement from the owner that he agrees with the conditional permit.

      (4)   The occupant had previously occupied a non-licensed and/or substandard unit within the corporation limits of this Village.

   (c)   The Housing Inspector shall prepare an operational plan that will minimize potential hardships of the occupants of the unlicensed or substandard rental units that are subject to this chapter. 
(Ord. 1320.  Passed 12-12-89.)

      (1)   As part of the plan, if under request and at the sole discretion of the Housing Inspector, it is deemed necessary that an owner, operator and/or agent will take more than 90 days to correct any violation(s), the owner, operator and/or agent may make an application to the appeals board (Ref. Section 1341.12).  Along with the application, the owner, operator and/or agent will be required to deposit a cash bond, in an amount determined by the Housing Inspector of not less than $1,000 nor more than 50% of estimated rehabilitation costs per unit in the Housing Code Rehabilitation Escrow Account to be maintained by the Housing Inspector.

      (2)   The Housing Inspector will prepare a system which will include an application, application fees (not to be less than $50.00), procedures, work write-up, escrow fees, etc., that are to be used in reference to subsection (c)(1) hereof.  Other items in system will be as follows:

         A.   An agreement shall be drafted between the owner, operator, and/or agent of the subject residential rental unit and the Appeals Board, stipulating the work to be done, minimum standards of the work, cash bond amount, time limit for rehabilitation, and an additional inspection fee schedule to assure proper and adequate work.

         B.   A Housing Code Escrow Account will be developed.  The funds will remain in this account until either the problem is corrected within the time frame agreed upon (paragraph A. above) at which time a check will be made to the depositor or his/her assignee, or if the work is not satisfactorily completed within the same time frame the funds will be forfeited and used for the enforcement of this Code. 
(Ord. 1339.  Passed 4-10-90.)