(a) No owner, authorized agent or representative, or person in charge of any dwelling unit(s) or structure, used or designed or intended to be used as a single family or multi-family dwelling, up to three units, shall rent or lease such unit(s) or structure or any part thereof for residential occupancy unless the owner(s) thereof hold a current and valid certificate of rental license for each such unit or structure issued by the Code Enforcement Officer. For purposes of this chapter, a dwelling unit or structure that is subject to a land sale contract shall be considered a rented or leased dwelling unit or structure requiring a certificate of rental license.
(b) Certificates of rental license shall be valid for a period of one year from the date of issuance.
(c) A certificate of rental license shall be issued after the structure or unit is inspected by the Code Enforcement Officer. This inspection will enable the Code Enforcement Officer to identify and list any repairs or other work necessary to eliminate any unsafe or hazardous conditions, to ensure compliance with the applicable requirements of the Zoning Code, Fire Code, Property Maintenance Code, and other Village pertinent ordinances. The owner, occupant, or authorized representative has the right to be present during such inspection.
(d) Applications for a certificate of rental license shall be made on such form and in such manner as may be prescribed from time to time by the Code Enforcement Officer. The application shall include the name(s) of all tenants who reside in each dwelling unit. The owner or authorized representative shall notify the Code Enforcement Officer of any change in tenancy for any dwelling unit or structure that has obtained a certificate of rental license under this chapter within thirty days of the date the new tenant(s) takes occupancy.
(e) If the owner or authorized representative of the unit or structure does not consent to the proposed inspection, the Code Enforcement Officer, or his or her designee, may determine that, based upon the condition of the property, including its age, exterior appearance, lack of complaints, and rental history, the owner or authorized representative may conduct a self-inspection of the property by completing and returning a department-issued inspection checklist. In the event the owner or authorized representative self-inspects the property, the Code Enforcement Officer, or his designee, shall also conduct a plain view exterior inspection of the property. If the Code Enforcement Officer, or his designee, determines that an inspection is warranted, based on all facts known to the Code Enforcement Officer, or his or her designee, at the time, the Code Enforcement Officer, or his or her designee, may seek an administrate search warrant to allow an inspection. The applicationfor the warrant shall specify the basis upon which the warrant is being sought and shall include a statement that the inspection will be limited to a determination as to whether there are violations of the provisions of the applicable Zoning Code, Fire Code, or Property Maintenance Code. The following factors shall be relevant in determining whether a warrant shall issue:
(1) Eyewitness accounts of violation(s);
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plain view violations;
(5) Violations apparent from Village records;
(6) Property deterioration;
(7) Age of the property;
(8) Previous violations on the property.
(f) If a warrant is issued, no owner, occupant, or agent thereof shall fail or neglect, upon presentation of a warrant, to permit entry therein to the Code Enforcement Officer for the purpose of inspection pursuant to this chapter and consistent with the terms of the warrant. If the court declines to issue the warrant, or if no such warrant is sought, the inspection shall be limited to such areas as are in plain view. A limited-scope inspection conducted pursuant to this section shall be considered as "inspection" for purposes of issuing a certificate of rental license.
(g) Upon completion of the inspection, the Code Enforcement Officer shall either certify that the property meets the minimum necessary code requirements, or shall issue of notice to the owner of violations that must be corrected prior to the issuance of a Certificate of Rental License. Such notice shall be provided to the owner or authorized representative within ten days of the inspection. No certificate of rental license shall be issued until all violations have been abated.
(Ord. 12-2017, passed 5-30-2017; Ord. 02-2018, passed 2-28-2018)