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HomeMy WebLinkAboutOrd 4868 06/17/1997 H/oaf 6/17/97' ORDINANCE NO. 4868 AN ORDINANCE AMENDING ARTICLE Xlll ENTITLED "PROPERTY MAINTENANCE CODE" OF CHAPTER 21 AND ARTICLE XVlII ENTITLED "RESIDENTIAL LANDLORD AND TENANT REGULATIONS" OF CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT WHEREAS, the Village of Mount Prospect has a significant number of apartment buildings which were built in the 1950's and 1960's, some of which have fallen into disrepair and are a risk to the health, safety and welfare of the residents; and WHEREAS, experience has shown, both in Mount Prospect and other communities, that a consistent and continuing program of inspections and regular maintenance is the most efficient way to assure that rental apartments meet the health and safety requirements of the State and the Village; and WHEREAS, if buildings in a community are permitted to become rundown, the tax base of that community will be threatened; and WHEREAS, it is recognized that some persons lack the financial means, acting individually, to assure that the landlord maintains an apartment in a habitable condition; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe that program assuring proper maintenance of apartment buildings in the Village, while applying to all, shall not operate as an undue burden on those owners who diligently maintain their buildings, but should include a system of incentives for self-regulation; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interests of the Village to establish a continuing, regular system of inspection of the exterior, common areas, and individual apartment interior of all multi4amily structure located within the Village. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 23.1803 entitled "Definitions" of Article XVlII (Residential Landlord and Tenant Regulations) of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence the definitions of "Conditional License", "Inspection Group", "Village Manager" and "Warning Condition"; so that hereafter said Section 23.1803 shall include the following: "Conditional License Any license issued to a premises which has a violation or violations of applicable regulations. Inspection Group That portion of a building or those buildings within an apartment complex as may be under the same legal and/or beneficial ownership. Village Manager The Village Manager or any person acting in the Manager's stead or as appointed by the Village Manager to act as his/her agent. Warning Condition A deviation or variance from the standards of the Property Maintenance Code which typically does not threaten the health or safety of the residents in a structure which is otherwise in good repair. It is recognized that such conditions, in sufficient number, may become a threat to the welfare of the Village. Warning Conditions shall not disqualify an Inspection Group from participating in the Incentive Program unless at the time of an annual or other inspection the Inspection Group has a total number of Warning conditions that exceeds the number of units in the Inspection Group; and all of those Warning conditions are corrected within six (6) months of the inspection. If all of the Warning conditions are not corrected within the six (6) month time period, the Inspection Group may become subject to the Regular Schedule and the unresolved Warning Conditions may be deemed violations which may lead to revocation. Examples of warning conditions are: 1. Small non-structural crack in wall or ceiling 2. Screen with a tear or hole less than one-half inch (~") 3. Loose but functioning door knob 4. Dripping faucet 5. Crack less than one-half inch (~") in width and hole less than three inches (3") in diameter in walkway 6. Non-functioning closet door 7. Loose hinge on cabinet door 8. Minor Peeling paint occurring on less than five percent (5%) of painted surface 9. Tree or bush branches scraping against a structure. 10. Other non-safety related condition that is consistent with the definition and character of these examples." SECTION TVVO: That 23.1804.A entitled "Rental Agreements" of Article XVlII (Residential Landlord and Tenant Regulations) of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto a paragraph 5; so that hereafter said Section 23.1804.A.5 shall be and read as follows: "5. The lease shall inform the tenant that the interior of the unit may be subject to regular inspection and/or investigation of complaints of violations for compliance with Village Codes to ensure the health, safety, and welfare of the residents and the public." SECTION THREE: That Section 23.1805 entitled "Tenant Obligations" of Article XVIII (Residential Landlord and Tenant Regulations) of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto subsection M; so that hereafter Section 23.1805.M shall be and read as follows: "M. Sublet only in accordance with the terms of the lease. Under no circumstances shall the tenant sublet the unit or rent any portion of the unit for any consideration whatsoever so long as the tenant uses the unit as the tenant's own residence, domicile or sleeping quarters for more than one day in any thirty (30) day period." SECTION FOUR; That Section 23.1806.E.1 entitled "Access to Rental Unit"of Article XVlII of Chapter 23 of the Village Code, as amended, is hereby further amended in its entirety; so that hereafter said Section 23.1806.E.1 shall be and read as follows: 2 "E. Access to Rental Unit. 1. The landlord shall not abuse the right of access to the rental unit or use it to harass the tenant. Except in cases of emergency, the landlord shall give the tenant reasonable notice of his or her intent to enter and if at all practical may enter the unit only between 8:00 AM and 8 PM. The landlord may enter a rental unit only for the following purposes: a. to conduct a necessary inspection of the premises, b. with the Village during the authorized annual license inspection or during the investigation of a complaint of violations of the Village Code, c. to make necessary or agreed repairs, decorations, alterations, or improvements, d. to supply necessary or agreed services, or e. to show the dwelling unit to prospective purchasers, mortgagees, tenants or workers." SECTION FIVE: That Section 23.1813 entitled "Inspections by Village" and Section 23.1814 entitled "License to Operate Multi-Family Rental Structures" of Article XVIII (Residential Landlord and Tenant Regulations) of Chapter 23 of the Village Code of Mount Prospect, as amended, are hereby further amended in their entirety and by renumbering said Section 23.1813 to Section 23.1814 "Inspections by Village" and Section 23.1814 be renumbering to Section 23.1813 "License to Operate Multi-Family Rental Structure"; so that hereafter said Section 23.1813 and Section 23.1814 shall be and read as follows: " Sec. 23.1813 License to Operate Multi-Family Rental Structure A. License Required. 1. It is unlawful for any person to operate, maintain or offer to rent, within the Village, a multi-family rental structure whether vacant or not, without first obtaining a license as provided in this Chapter. The license shall be issued only to an Inspection Group, as defined in this Chapter. 2. It is unlawful for a person to enter into a lease, either as lessor or lessee, for a multi-family rental structure if the premises is posted as being unlicensed or having a revoked license. 3. It is unlawful for any person to occupy, renew a lease, offer for rent or permit occupancy of any vacant dwelling unit or any dwelling unit that becomes vacant in an Inspection Group that is unlicensed or while a license is under revocation. 4. These licensing requirements shall not apply to the following structures: a. Hotels and motels which rent rooms to occupants who typically make use of the facilities for a period of less than thirty (30) days. b. Nursing homes, retirement centers and rest homes which are subject to licensing and inspection by the State or the federal government. 5. A license for a multi-family rental structure cannot be transferred to another multi-family rental structure nor to a succeeding owner. 3 B. License Application. 1. Each applicant for a license to maintain a multi-family rental structure shall file a written application with the Code Official stating: a. The full legal name, address, and home and work telephone numbers of each and every legal and beneficial owner. b. The address of the multi-family rental structure. c. The number of dwelling units within the structure. d. in the case of an owner who is not a resident of the Village, then either; 1) the name, address and phone number of an agent within the Village with authority to accept service or notice of a violation; or 2) a statement by the owner that service by regular mail upon the owner at the address stated in the application will be considered sufficient service for all purposes. 2. All license fees shall be due and payable on or before June 1st of each year. All licenses shall expire on May 31st, next after the date of issue. 3. Each license application shall be accompanied by a fee $14.00 per unit for multi-family rental structures. If an application for a renewal of an existing license is received after June 1st the fee shall be increased to $21.00 per unit. 4. Whenever there is a change in the ownership of a multi-family rental structure or a change in the owner's property agent, the owners shall, within fifteen (15) days of such change, file a written notice with the Code Official indicating such change. 5. Application for license renewal shall be made in the same manner as a new application except that the application shall state that it is for renewal. Sec. 23.1814 Inspection by Village. A. Inspection Requirements: License Issuance or Denial. 1. Each multi-family rental structure, and each unit within the structure shall be subject to inspection, in accordance with this Section 23.1814, for compliance with all applicable regulations. A license may be denied if the property has been inspected and is not in compliance with applicable regulations. In such a case, the licensee may apply for a conditional license. 2. Initial and subsequent annual licensing inspections shall include the building exterior, common areas, basement and not less than 20 percent (20%) of the individual dwelling units ("regular schedule"). All units within the structure shall be inspected every 5 years unless inspections are required less frequently pursuant to the incentive provisions of this Article. However, no multi-family structure which is less than ten (10) years old shall be subject to individual dwelling unit inspections unless independent probable cause exists to make such an inspection. The age of the structure 4 shall be established from the date of the original Certificate of Occupancy or if not available, by proof otherwise acceptable to the Village. 3. If an Inspection Group has twelve (12) or fewer units, the owner may elect to have inspection conducted on an "as vacant" basis. "As vacant" basis shall mean that an inspection is required each time a lease expires and is not renewed or each time a tenant moves out. The election must be made in writing by December 1st of any year for the following years inspection. If the owner elects to be inspected on an "as vacant" basis, the Village must be given two (2) weeks to schedule an inspection before a vacant unit is to be reoccupied. If a violation is found during such an inspection, then Section 23.2824.A. 4 through 8 shall become applicable and the Inspection Groups "as vacant" inspection status shall be revoked until the Village is satisfied that all units are in compliance. 4. The owner will be given at least thirty (30) days notice by regular mail prior to any inspection being conducted. Upon receipt of the Notice of Inspection, the owner shall notify the tenant, on a form provided by the Village, of the date and time of the inspection by either placing the completed form under or on the door of the unit at least seventy-two (72) hours prior to the inspection. The form shall contain a certification that the owner has served the notice as set forth in this subsection 4. Each notice shall inform the owner and occupant of their right to refuse to consent to the inspection and to require the Village to obtain an Administrative Search Warrant. The Director of Community Development shall establish procedures for attempting to assure reasonable notice in circumstances (i.e. lack of cooperation by owner) where service and posting are not necessarily in accordance with this subsection 4. 5. If any owner, property agent, tenant or other person in control of a multi-family rental residential structure or a dwelling unit fails or refuses to consent to free access and entry to the property or dwelling unit for any inspection pursuant to this Article, the Code Official or designee may, upon approval of the Village Manager, apply to the Circuit Court for an Administrative Warrant or other appropriate court order authorizing such inspection. Such an application shall not be a waiver of the Village's right to seek other remedies pursuant to this Article. 6. When a licensing inspection of a multi-family rental structure reveals any violation, a time period for compliance shall be set by the Code Official in accordance with Village Property Maintenance Code. The Code Official shall send notice of the violations and the compliance period to the property owner or the listed property agent by regular U.S. Mail at the address provided on the most recent license application. The notice shall including the following: a. Identification of the property; b. A statement listing the violations and applicable Codes sections; c. The time period for compliance; d. An explanation that if all violations have not been corrected within the compliance time period the license is subject to revocation and non-renewal. 5 7. A licensing reinspection will be conducted at the request of the owner or the owners. 8. If during a licensing inspection or reinspection any dwelling unit is determined to be unfit for human occupancy as specified in the Village's Property Maintenance Code, an additional twenty percent (20%) of the dwelling units in the subject rental residential property shall be inspected. If similar violations are observed in the additional dwelling units, the owner's entire rental residential property shall be subject to inspection. All additional dwelling units inspected shall be subject to an additional inspection fee of $50.00 per unit. 9. If, during any licensing period the Village finds no violations or only warning conditions, then subsequent inspections shall be made according to the following schedule: a. An Inspection Group with twelve (12) or fewer units shall have individual dwelling unit inspection waived for the next license year. However, an Inspection Group with twelve (12) or fewer units shall have at least one unit inspected every other year, even if the Inspection Group remains in the incentive schedule. b. An Inspection Group with thirteen (13) to nineteen (19) units shall have only one (1) unit inspected for the next license year. c. An Inspection Group with twenty (20) or more units shall have only five percent (5%) of the units inspected for the next license year. This less stringent schedule shall function as an incentive to owners to assure compl.iance with Village regulations ("incentive schedule"). If, while the incentive schedule is in effect, either inspections or service requests reveal violations other than warning conditions, then the regular schedule shall immediately go back into effect. However, the incentive schedule shall remain in effect for so long as only minimal warning conditions are found and they are corrected in a timely manner. A change in ownership of an Inspection Group shall not affect the incentive schedule status of the Inspection Group. 10. The Village inspector shall, prior to entering an occupied apartment, give the resident manager or owner a reasonable opportunity to be present during the inspection. Unless otherwise specified in a court order or warrant, the inspector will not inspect or search personal property of the occupant. The inspector, while performing the duties of office, will otherwise fully consider the privacy and dignity of the occupant and will not enter or open closets, medicine cabinets or the other closed cabinets or lockers unless the inspector has reasonable grounds to believe that to do so would establish evidence of Code violations. If a resident desires to be present for an inspection and it would result in an unusual hardship for that resident to be present during regular Village business hours, the inspector shall attempt to conduct the 6 inspection at a time reasonably convenient to the resident." SECTION SIX: That Article XVIII entitled "Residential Landlord and Tenant Regulations" of Chapter 23 of the Village Code, as amended is hereby further amended by deleting Section 23.1815 "Penalties", Section 23.1816 "Severability" and Section 23.1817 "Effective Date" in their entirety and substituting therefor Section 23.1815 entitled "Notification of Violations: Correction, Appeal and Reinspection", Section 23.1816 entitled "Notice of Failure to License,', and adding Section 23.1817 entitled "Revocation of Denial of License", Section 23.1818 entitled "Violations" and Section 23.1819 entitled "Penalties"; so that hereafter said Article XVIII of Chapter 23 shall include the following: " Sec. 23.1815. Notification of Violations: Correction, Appeal and Reinspection. Whenever any violations or warning conditions are found in any Inspection Group, the owner or property agent shall be notified of the finding of these violations or warning conditions and of the right to appeal such a finding as set forth in Section 21.1306 of this Code. Upon the expiration of the time limit set by the Code Official for repairs, and if the property is not in full compliance, the owner may be subject to both the payment of enforcement fees as set forth in Section 21.1307 of this Code, and revocation or denial of a license, as set forth in Section 23.1818 of this Article. Sec. 23.1816 Notice of Failure to License. Whenever an owner or property agent of a rental property fails to license the property with the Village, the Code Official shall post a notice on all entrances to the rental property containing the following statement: You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with Village of Mount Prospect in violation of Section 23.1813 of the Mount Prospect Village Code. No new leases may be entered into and no leases may be renewed until the proper license is secured. Sec. 23.1817 Revocation or Denial of License. A. Whenever, upon reinspection of the Inspection Group or any portion of the Inspection Group, the Code Official finds that conditions or practices remain which are in violation of any applicable regulations; the Code official shall serve the owner or operator with a final notice of violation. The notice shall state that unless all violations cited are corrected within a reasonable time of not less than five (5) days nor more than thirty (30) days, the operating license will be revoked. In the case of a renewal, the notice shall state that the license will be denied. B. At the end of the time allowed for correction of any violation cited, the Village shall reinspect the multi-family rental structure and if it is determined that the violations have not been corrected, an order shall be issued revoking or denying the operating license. The order shall take effect eight (8) days following mailing to the landlord unless a hearing is requested as set forth in subsection C below. C. Any person whose license to operate a multi-family structure is subject to revocation or denial shall be entitled to a hearing on that revocation or denial action by filing with the Village Manager a written request for a hearing before the Village Manager within eight (8) days following the mailing of the revocation order. Upon receipt of the request, the hearing shall be scheduled at a date not more than twenty-one (21) business days thereafter. Upon completion of the hearing, the Village Manager may either: 1. Confirm the revocation or denial; or 2. Hold the revocation in abeyance and allow additional compliance time not to exceed thirty (30) days; or 3. Rescind the revocation or issue the license. 4. A conditional license may be issued subject to any conditions deemed appropriate by the Village Manager. If the Village Manager, upon written report of the Code Official finds that the conditions of the conditional license have not been met, the license may be summarily revoked and a written notice of the conditional license revocation specifying the defects shall be sent by regular U.S. mail to the owner or agent. D If a timely request for a hearing is not filed then the revocation or denial order shall be permanent. E In the event an operating license is revoked or denied then: 1. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within the Inspection Group; and 2. The Village shall have the right to proceed under Section 23.1812 of this Article. F. A license which has been revoked or denied 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 Article. G. Whenever a license is revoked or denied, 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 registered mail, return receipt requested. The Code Official shall also notify all tenants of the rental residential structure by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following statement: You are hereby notified that the license for this structure has been revoked or denied pursuant to Section 23. t817 of the Mount Prospect Village Code. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building. H. If the owner has requested a hearing before the Village Manager and is dissatisfied with the decision of the Village Manager, the owner may appeal that decision to the President and Board of Trustees of the Village, as set forth in Article IV of Chapter 10 of this Code. Sec. 23.1818 Violations, Notice of Court Proceeding. A. The following shall constitute violations of this Chapter: 1. Failure of the owner or owners of the rental residential property to obtain a license for such property. 2. Failure of the owners of the rental property to maintain the 8 structure and premises in compliance with applicable Village regulations. 3. To remove or deface any notice which has been posted pursuant to this Article. B. Before filing a complaint in court with respect to a violation of this Article, the Village Manager shall deliver or mail a violation notice to the landlord, operating licensee or other party designated to receive notices and service of process on behalf of such landlord or licensee requesting compliance. C. No person acting as managing agent or collector of rents of any property involved in any proceeding because of violations or alleged violations of the provision of this Article shall be liable therefor if such person shall, within five (5) days after receipt of notice of any alleged violation, have notified the owner or owners of the property or the employer of such person or the purported violation or violations of any provision or provisions of this Article and shall have delivered to the Village Manager a copy of such notice with proof of service thereof on the owner, owners or employer. Sec. 23,1819. Penalties. A. In addition to any other remedy or penalty specified for a violation of any particular provision of this Article, any person violating any provision of this Article shall, upon conviction, be subject to a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. B. Nothing in this Article shall prevent the Village from taking any action available under Chapter 21 of this Code or any other applicable regulation. Further, nothing in this Article shall prevent the village from taking any emergency action permitted by law when any portion of a multi-family rental structure is a danger to person or property." SECTION SEVEN: That Article XlII entitled "Residential Landlord and Tenant Regulations" of Chapter 23 of the Village Code, as amended, is hereby further amended by creating a new Section 23.1820 entitled "Severability" and Section 23.1821 entitled "Effective Date"; so that hereafter said Section 23.1820 and Section 23.1821 shall be and read as follows: " Sec. 23.1820. Severability. If any provision or part thereof of this Article is declared by a court to competent jurisdiction to be invalid and of no further force and effect, such invalidity shall not affect the remaining provisions of this Article which shall remain in full force and effect. Sec. 23.1821. Effective Date. This Article shall apply to and govern every lease or renewal thereof for a "rental unit", as defined herein, within the Village entered into or renewed after June 1, 1997." SECTION EIGHT: That Article Xlll entitled "Property Maintenance Code" of Chapter 21 (Building Code) of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto a new Section, Section 21, 1309 entitled "Additional Units"; so that hereafter said Section 21.1309 shall be and read as follows: " Sec. 21.1309. Additional Units. Approval must be obtained from the Code Official prior to any change being made in the number of units within a licensed Inspection Gre. up. Application for such change shall be made on a form provided by the Code Official. The Code Official will review the proposed change and respond to the property owner within thirty (30) days of the filing of the application. Any and all changes must meet all Zoning and Building Code requirements." SECTION NINE: That Section 23.1808 entitled "Tenant Remedies" of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting therefrom Section 23.1808.D. 1 .c. in its entirety. SECTION TEN: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. AYES: Hoefert, Lohrstorfer, Nocchi, Wilks NAYS: Clowes ABSENT: None PASSED and APPROVED this 17th day of June, 1997. Timothy J. C~rco, r~n, President Pro T~m ATTEST: Carol A. Fields Village Clerk 10 RIDER TO LEASE VILLAGE'S AUTHORITY TO INSPECT The Village of Mount Prospect has adopted an Ordinance which requires that each occupied apartment unit be inspected at least once every five (5) years. Such an inspection is accomplished pursuant to a regular standard program of inspections and is done for the purpose of assuring that landlords maintain their apartments in accordance with Village Code. Your unit may or may not be inspected during the term of your lease. If your unit is to be inspected, you will be notified by the owner or building agent of the Village's intent to inspect at least seventy-two (72) hours before the inspection takes place. It is advisable that you arrange to be present for the inspection. You or the building owner or agent have the right to refuse to consent to the inspection and to require the Village to obtain an Administrative Search Warrant from the Circuit Court. Acknowledged: Dated: Lessee Dated: Lessor ADDENDUM C 11