CHAPTER 9
RESIDENTIAL RENTAL ORDINANCE
RESIDENTIAL RENTAL ORDINANCE
ARTICLE A. MULTIPLE-FAMILY DWELLINGS
SECTION:
3-9A-1: Definitions
3-9A-2: License Required
3-9A-3: License Application
3-9A-4: License Term
3-9A-5: License Fees
3-9A-6: Crime Free Housing Seminar
3-9A-7: Inspections
3-9A-8: License Location
3-9A-9: License Updated Upon Sale
3-9A-10: Closing, Canceling, Certain Transfers
3-9A-11: Inspection Upon Sale
3-9A-12: Additional Requirements
3-9A-13: Inspections; Violations; Suspension And Revocation Of License
3-9A-14: Tenant Responsibility
3-9A-15: Notice For Inspection; Search Warrants
3-9A-16: Owner Liability For Acts And Omissions
3-9A-17: Nonrenewal Of License
3-9A-18: Enforcement Costs
3-9A-19: Penalty
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ABANDONED VEHICLE: All motor vehicles or other vehicles in a state of disrepair which renders the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted.
COMMON AREAS (EXTERIOR): The private roads and streets and private sidewalks adjacent thereto, landscaping, detention ponds, utility facilities, trash enclosures, playground equipment, swimming pools, tennis courts, basketball courts or any other recreational facilities, trail areas, parking areas, private drives, detached garages, lighting fixtures, signage, mailboxes, street benches, entrance monuments, perimeter fencing and such other improvements or structures from time to time or at any time located or constructed on a common area. Such common areas may serve, in whole or in part, one or more multiple-family dwellings.
COMMON AREAS (INTERIOR): Any portion or part thereof of a multiple-family dwelling having communal areas (laundry, furnace, storage rooms, hallways, stairways, meeting rooms) and all other areas located within a dwelling, outside of a dwelling unit. Interior common areas shall also include stoops, entrance doors, roofs, attics, balconies, lighting fixtures, signage, railings, patios, storage areas, garages, exterior building surfaces, gutters and downspouts and any other areas of a multiple-family dwelling or building to which the owner is directly responsible for the proper maintenance thereof.
DWELLING UNIT: Any rooms or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
FOOT-CANDLE: The quantity of light reaching a surface. It is equal of the number of lumens divided by the square footage of the surface the lumens are covering, i.e., one lumen covering one square foot equals one foot-candle.
LUMEN: The quantity of light emitted by a light source.
MANAGING AGENT: Any person or firm, acting for another, with authority to rent, manage and/or make expenditures.
MULTIPLE-FAMILY BUILDING: A dwelling that is designed and built as a group of individual dwelling units, in which units may or may not touch by virtue of common or party walls and floors and ceilings, and which contains three (3) or more dwelling units per building. Each building that is separated from another building by virtue of a firewall or fire separation assembly, and has its own address, shall be considered a separate building. When a condominium association, homeowners' association or other legal entity has the charge, care or control of any common area which serves, in whole or in part, one or more multiple-family dwelling units not owned by such condominium association, homeowners' association or other legal entity, then in that event such common area shall be deemed to be a multiple-family dwelling for purposes of this chapter.
MULTIPLE-FAMILY DWELLING: A dwelling unit in a multiple-family building.
OPERATOR: Any person who has charge, care, control or management of a multiple-family dwelling or building, or part thereof, in which dwelling units or rooming units are let.
OWNER: Any person who alone, jointly or severally with others has legal title to any multiple-family dwelling, or dwelling unit, with or without accompanying actual possession thereof; or who has charge, care or control of any multiple-family dwelling or dwelling unit, as owner, or other person; or is an executor, administrator, trustee or guardian of the estate of the owner; is a mortgagee in possession, or is a senior officer or a trustee of the association of unit owners of a condominium or homeowners' association. Any person thus representing the actual owner shall be bound to comply with the provisions of this chapter and the rules and regulations pursuant thereto, to the same extent as if he were the owner. Owner shall also mean any condominium association, homeowners' association or other legal entity having the charge, care or control of any common area which serves in whole or in part one or more multiple-family dwellings.
PERSON: Any individual, firm, association, partnership, corporation, trust or any other legal entity.
SINGLE-FAMILY RENTAL DWELLING: A single-family home or townhouse that is not owner occupied and is subject to a rental lease.
TENANT: Any occupant of a multiple-family dwelling and/or a single-family rental dwelling as designated by the rental lease. (Ord. 2012-42, 7-26-2012)
No person shall operate three (3) or more multiple-family dwellings within the Village without having first obtained a license therefor. Licenses shall be issued by the Village Clerk in accordance with the provisions of this chapter. When any common area satisfies the definition of a "multiple-family building" as set forth in section 3-9A-1 of this article then such event shall require the managing agent and/or owner of such area to obtain a license therefor.
Any license in effect prior to the effective date of this chapter shall be valid through its expiration date. (Ord. 2012-42, 7-26-2012)
No such license shall be issued except upon written application filed with the Village Clerk. A complete application for a license shall be filed by January 1 each year. Said application shall be signed by the legal titleholder to the multiple-family dwelling. Application forms may be obtained from the Village Clerk and shall contain such information as the Village Clerk may, from time to time, require, including, but not limited to: (Ord. 2017-51, 9-21-2017)
A. Name, address, birth date, work and home telephone numbers of each owner of the multiple-family dwelling. When the owner is a land trust, the application shall include the name and address of each person(s) holding a beneficial interest and/or power of direction therein.
B. Name, address, birth date, work and home telephone numbers of any person appointed as managing agent of the multiple-family dwelling. If the managing agent is other than a natural person, the above information shall also be provided for that employee of the managing agent specifically assigned to the multiple-family dwelling.
C. A copy of the written management agreement between the owner and the managing agent shall be attached to the application. If no written agreement exists, the owner and managing agent shall attach an executed statement setting forth the terms of the managing agent's authority to rent, manage, and make expenditures with respect to the multiple-family dwelling.
D. Name, address, work and home telephone numbers of the janitor(s) or engineer(s) in charge of the maintenance of the multiple-family dwelling and its heating, cooling, plumbing and electrical systems. Attached to the application shall be a statement of the janitor's or engineer's authority to maintain and repair the multiple-family dwelling and its systems, including emergency repairs.
E. Name, address, birth date, work and home telephone numbers of any person(s) (other than those listed pursuant to subsections A, B and D of this section), if any, having authority to make any decision with respect to the management and/or maintenance of the multiple-family dwelling. Attached to the application shall be a statement of such person's authority to manage, lease and/or maintain the multiple-family dwelling.
F. The name, address and telephone number of each company that services the fire alarm systems and/or elevator(s).
G. A copy of a plan evidencing what improvements, renovation(s) and/or replacements are budgeted for the license year.
H. An agreement to pay all enforcement costs provided for by section 3-9A-18 of this article.
I. A copy of the most recent test results required under subsection 3-9A-12D of this article. (Ord. 2012-42, 7-26-2012)
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