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HomeMy WebLinkAboutOrd 2982 02/19/1980 RDINANCE NO. 2982 AN ORDINANCE AMENDING CHAPTER 24 ARTICLE XIII OF T~E MUNICIPAL CODE OF THE VILLAGE OF MOUNT PROSPECT ~HEREAS, subsequent to the passage and approval of Ordinance No. 2961 on November 20, 1979 which established regulations on the sale of condominiums, several interested parties have made recommendations for amendments to the regulations established by said Ordinance; and WHEREAS, the Legislative/Judiciary Committee of the Board of Trustees of the Village of Mount Prospect has received said recommended amendments and has reported such recommendations to the President and Board of Trustees of the Village; and WHEREAS, the President and Board of T~ustees of the Village find that it would be in the best interest of the Village to amend specified provisions of the regulations on the sale of condominiums. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION ONE: Section 24.1304 of Article XIII of Chapter 24 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting therefrom the language, "13. A preliminary draft of the Condominium Declaration" and renumbering Section 24.1304 14 through 22, inclusive, as respectively, Section 24.1304 13 through 21, inclusive. SECTION TWO: Section 24.1304 of Article XIII of Chapter 24 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by deleting the following language from Section 24.1304 20 (renumbered as 19 in Section One herein- above) "and a statement setting forth the consequences ~o a purchaser and the remedies available to the purchaser against the developer if the condominium project is not completed by the projected date;" so said Section 24.1304 20 (renumbered as 19 in Section One hereinabove), shall hereinafter be and read as follows: ~ "If the condominium project is under construction, the projected date for completion of the condominium project;" SECTION THREE: Section 24.1310A of Article XIII of Chapter 24 of the Municipal Code of the Village of Mount Prospect be, and the same is hereby, amended by adding to said Section the language "provided that any tenant who is 62 years of age or older, or who is deaf, blind or unable to walk without assistance shall have the right to additional tenancy on the same terms and conditions and for the same rental for 180 days fcllowing receipt of said notice of intent by giving notice as aforesaid," so that said Section 24.1310A shall hereafter be and read as follows: A. Any tenant who was a tenant as of the date of the notice of ~ntent and whose tenancy expires, other than for cause, prior to the expiration of 120 days from the date on which a copy of the notice of intent was given to the tenant shall have the right to extent his tenancy on the same rental until the expiration of such 120 day period by the giving of written notice thereof to the developer within 30 days of the date upon which a copy of the notice of intent was given to the tenant by the developer; provided that any tenant who is 62 years of age or older, or who is deaf, blind or unable to walk without assistance shall have the right to additional tenancy on the same terms and conditions and for the same rental for 180 days following receipt of said notice of intent by giving notice as aforesaid. CTION FOUR: Section 24.1310 C of Article XIII of Chapter 24 the Municipal Code of the Village of Mount Prospect be, and ne same is hereby, amended by deleting the present Section .1310 C and substituting therefor the following language, so at said Section shall hereafter be and read as follows: For a period of 120 days following his receipt of the notice of intent or in the case of a tenant who is 62 years of age or older or who is deaf, blind or unable to walk without assistance for a period of 180 days, any tenant who was a tenant on the date the notice of intent was given shall be given the right to purchase his unit on better or substantially the'same terms and conditions as set forth in any duly executed contract to purchase the unit, which contract shall conspicuous[ disclose the existence of, and shall be subject to, right of first refusal. The developer shall notify tenant within five (5) days after execution by the developer of any contract to purchase the unit during the 120 day period or 180 day period in the case of a tenant who is 62 years of age or older or who is deaf, blind or unable to walk without assistance. The may exercise the right of first refusal by giving noti~ thereof to the developer prior to the expiration of 30 days from the giving of notice by the developer to the tenant of the execution of the contract to purchase the unit. ECTION FIVE: Section 24.1312 of Article XIII of Chapter 24 of he Municipal Code of the Village of Mount Prospect be, and the ame is hereby, amended by deleting the present Section 24.1312 n its entirety and substituting therefor the following language, o that Section 24.1312 shall hereafter be and read as follows:- SECTION 24.1312. Condominium Conversions - Occupancy Certificates, Inspections and Fees. No unit in a building which is being converted to a con- dominium shall be occupied unless and until an occupancy certificate has been issued for such unit by the Director of Community Development. o Do Before an occupancy certificate may be issued for a unit in a building being converted to condominiums, the common areas of such building and such unit must be inspected by the Village of Mount Prospect for com- pliance with applicable Village ordinances. No occu- pancy certificate shall be issued by the Village for any unit in a building being converted to condominiums unless and until the common areas of. such building and such unit are in compliance with applicable Vil- lage ordinances. The fees for inspection of a conversion condominium project shall be as follows: 1. The fee for inspection of the common areas of a conversion condominium project shall be $100.00 for each ten condominium units or less which are a part of a conversion condominium project, which fee shall be payable on or before the date upon which the com- mon areas of the conversion condominium project are Inspected by the Village. 2. A fee of $10.00 for the inspection of each unit in a conversion condominium project shall be payable on or before the date upon which each such unit is inspected by the Village. The developer of a conversion condominium project shall arranqe the dates and times for the inspections required by th{s Section with the Director of Community Develop- ment. ECTION SIX: Article XIII of Chapter 24 of the Municipal Code of he Vfllage of Mount Prospect be, and the same is hereby amended, y adding thereto a new Section 24.1316, which said new Section hall hereafter be and read as follows: SEC%ION 24.1316. Severability Clause. If any provision or part thereof of this Article is declared invalid and of no further force and effect, the other provisions of this Article shall remain in full force and effect. ECTiON SEVEN: This Ordinance shall be in full force and effect ~rom and after its passage, approval and publication in the manner )rovided by law. assed this 19th day of February , 1980. YES: Farley, Floros, Miller, Murauskis, Richardson, Wattenberg AYS: None BSENT: None ~pproved this 19th day of February , 1980. 'i '~~' ApProved: > YVil lage President kt ~es~t: Village Clerx