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HomeMy WebLinkAboutOrd 4728 05/16/1995 ORDINANCE NO. 4728 AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 16th day of May , 1995 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 16th day of May , 1995. BH/br:caf ORDINANCE NO. 4728 AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT 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 XVIII of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby futher amended by deleting the definition of "Dwelling Unit" and substitute the following; so that hereafter Section 23.1803 shall include the following definition of "Dwelling Unit": "Dwelling Unit: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping." SECTION TVVO: That paragraph E of Section 23.1804.E of Article XVIII of Chapter 23 of the Village Code of Mount Prospect, as amended, is hereby futher amended by substituting the following; so that hereafter said Section 23.1804.E shall be and read as follows: "E. Attachment of Article to Rental Agreement. Following the effective date of this Article, a copy thereof, or excerpts thereof in a form provided to the landlord by the Village, shall be attached to each rental agreement, along with a copy of the Village's occupancy requirements from the Village's Property Maintenance Code, delivered by or on behalf of a landlord when any such agreement is presented for signing to any tenant. " SECTION THREE: That paragraphs B, C, G, H and I of Section 23.1805 of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended; so that hereafter paragraphs B, C, G, H and I shall be and read as follows: " B. Keep that part of the premises that the tenant occupies and uses as safe as the condition of the premises permits; C. Dispose of all ashes, rubbish, garbage and other waste from the rental unit in a clean and safe manner; G. Conduct her or himself and require other persons on the premises and within the rental unit to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others; H. Maintain the rental unit in a clean and sanitary condition and provide for a general cleaning of the rental unit pdor to departure. As part of such cleaning, the tenant will broom sweep the floors, vacuum all rugs and carpeting, clean appliances and plumbing fixtures and patch nail holes; I. Unless otherwise permitted, occupy the rental unit only as a dwelling unit; " Chapter 23 Page 2 of 4 SECTION FOUR: That subparagraph 1 of Section 23.1806.A of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended by deleting Section 23.1806.A.1 and substituting with the following; so that hereafter said subparagraph 1 of Section 23.1806.A shall be and read as follows: "1. A landlord who receives a security deposit or prepaid rent from a tenant must comply in full with the provisions of the Illinois State law which provides that landlords must pay interest on security deposits in developments with twenty five (25) or more rental units, and within thirty (30) days after the end of each twelve (12) month rental period, pay to the tenant any such interest by cash or credit to be applied to rent due, except when the tenant is in default under the terms of the rental agreement. " SECTION FIVE: That subparagraph 1 of Section 23.1806. E of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended by substituting with the following; so that hereafter said subparagraph 1 of Section 23.1806. E shall be and read as follows: "1. The landlord shall not abuse the right to access to the rental unit or use it to harass the tenant. Except in cases of emergency, the landlord shall give the tenant a reasonable notice of his/her intent to enter and may enter only at reasonable times. The landlord may enter the rental unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants or contractors. The landlord or his/her agent may display a "for rent" sign in or on the demised premises within thirty (30) days prior to termination of the lease. Any such sign shall comply with Chapter 7 of the Village Code (Sign Code). " SECTION SIX: That subparagraph 1 of Section 23.1807.A of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended by substituting with the following; so that hereafter said subparagraph 1 of Section 23.1807.A shall be and read as follows: "1. If rent is unpaid when due and the tenant fails to pay the unpaid rent within five (5) days after notice by the landlord of the intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement or the landlord may accept a payment made more than five (5) days after such notice in which case the landlord shall be entitled to collect a late payment fee in the amount of five percent (5%) of the rental payment." SECTION SEVEN: That Section 23.1808.C of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended by adding thereto paragraph C; so that hereafter said subparagraph 3 of Section 23.1808.C shall be and read as follows: "3. If the Village or any department of the Village expends funds on behalf of the tenant for repairs, services or substitute housing, the Village shall have a lien for those funds on any amounts recoverable by the tenants from the landlord. This lien may be satisfied by requiring that rents be paid directly to the Village until the amount of the lien is fully paid." Chapter 23 Page 3 of 4 SECTION EIGHT: That subparagraphs l:a and 1.b of Section 23.1808.D of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended and substituting with the following; so that hereafter said subparagraphs 1.a and 1.b of Section 23.1808 shall be and read as follows: " a. VVhere the breach involves a code violation cited by the Village, notify the landlord of the intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises or the cost of obtaining compliance, but not exceeding seventy five percent (75%) of the monthly rent. If the landlord fails to correct the condition within seven (7) days after being notified by the tenant, the tenant may, during the time such failure continues, deduct from the rent the stated amount. b. If after twenty-one (21) days from the giving of notice the matter has not been resolved, the landlord or tenant may pursue available remedies at law or in equity." SECTION NINE: That subparagraph 1 of Section 23.1814.A of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended by substituting with the following; so that hereafter said subparagraph 1 of Section 23.1814.A shall be and read as follows: " 4. The Village Manager is hereby authorized upon application therefor to investigate and to issue new operating licenses, and renewals thereof, in the names of applicant owners or operators of multiple-family dwellings. No such licenses shall be issued unless the multiple dwelling in connection with which the license is sought is found, after inspection by the Village Manager or his/her designee, to meet all requirements of the Village Code and of applicable rules and regulations pursuant thereto. Each applicant shall be notified in writing by the Village Manager in advance of the date and time of such licensing inspection. The notice shall state that if the landlord is not present for the inspection that the tenant will be required to permit entry by the Village. Further, if the landlord is not present at the date and time stated in the notice, the Village may return for an inspection at any time in the future without further notification to the landlord." SECTION TEN: That paragraph B of Section 23.1814 of Article XVIII of Chapter 23 of the Village Code, as amended, is hereby further amended by substituting with the following; so that hereafter said paragraph B of Section 23.1814 shall be and read as follows: "B. License Fee. No operating license shall be issued or renewed unless the completed application form is accompanied by payment of an annual license fee. The annual fee for operating licanses for multiple-family dwellings shall be seven dollars ($7.00) per dwelling unit. The landlord may charge the fee to the tenants on such terms as they may agree. 3 hapter 23 Page 4 of 4 Payment of the annual fee after the license has expired shall be considered late. The Finance Director may charge a late payment fee of up to fifty percent (50%) of the cost of the license and no late payment fee may be passed on to the tenant." SECTION ELEVEN: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Clowes, Corcoran, Hendricks, Skowron, Wilks NAYS: None ABSENT: Hoefert PASSED and APPROVED this 16th day of May ,1995. Village P;'esident / ATTEST: Carol A. Fields Village Clerk 4