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HomeMy WebLinkAbout3267_001erk's Office MINUTES COMMITTEE OF THE WHOLE' APRIL 27, 1982 I. ROLL CALL Mayor Krause called the meeting to order at 7:30 p.m., in the Public Safety Building, 112 East Northwest Highway. Present at the meeting were: Mayor Krause, Trustees Ralph Arthur, Gerald Farley, Leo Floros, Edward Miller, Norma Murauskis and Theodore Wattenberg. Also pres ' ent at the meeting were: Village Manager Terrance3urghard, Village Attorney David Newman, Financial Advisor Ron Norene and approximately seven persons in the audience. MINUTES The Minutes of the Committee of the Whole,meeting of April 13, 1982 were accepted and filed with the following amendment: On page 2, at the end of paragraph three, add the following language - "Trustees Floros and Murauskis indicated their willingness to increase the combined water and sewer bill to $1.50 per thousand and opposed the increase to $1.53 per thousand." III. VENTURE WATER COSTS Mayor Krause introduced this matter as a continuation of the discussion initiated at the April 13, 1982 Committee of the Whole meeting. Drawing attention to the Nuveen report, the Mayor pointed out that the Cash Flow needs to pay Agency costs would require that either the Village establish a Special Service District and its commensurate Tax Levy by September of 1982, or in the Alternative, to delay the installation of a Special Service District until the subsequent year. If the Special Service District and its Levy is not created by September of this year, then the Village's share of Venture costs, estimated to be $48,000, will have to come from the fiscal 1982-1983 water and sewer budget. The Mayor pointed out that the Board had included this $48,000 in the forthcoming budget. After some general discussion clarifying the budget procedure and the Tax Levy timing, it was the consensus of the Mayor and the Board that given the difficultie's of creating a Special Service District and the fact that the Village had already budgeted the $48,000 payment to Venture out of the forthcoming budget, that the actual implementation of a Special Service District could be delayed until the subsequent year. Servi water discu in ou Distr that initi Subse the i the V asopl the n costs to se this -v amount paid long � Servic pointE of the tax p� cash costs creat i a bonc and m would it is of the would made i the Vi some establ meet opera part commun Dave discus it is that normal tion w the Co servic one c that t be acc County necess c�ri Norene of Ron Norene and Associates financial pants', addressed the Committee of the Whole and ated in substance that the utilization of a Special ce District to pay all or a portion of the Venture costs would be a feasible project. Mr. Norene ssed the notice of provisions to those residents r- community who would be part of the Service ict and subsequently receive Lake water and indicated that notice provision would need to be done only 311y in'establishing the Special. Service District. notifications otifications could be avoided if in seeking iitial creation of the Special Service District Ulage establishes an authority to levy a tax rate osed to a fixed dollar amount. For example, if Beds of the Special ' Service District to pay Venture are "x" then it would be in the Villages interest ?k an 'authority to levy a tax rate of say 1'2x.tv In ay, subsequent fluctuations and/or changes in the owed to Venture in the next 40 years could be from increasing the amount levied each year as s the authority granted by the initial Special e District is not exceeded. Mr. Norene also d out that in order to handle the cash flow needs Special Service District, because of irregular yments,,inc6mplete tax payments, or any other need that might arise in paying appopriate Venture it would be advisable for the Village in its on of the Special Service District, to establish issue together with a tax rate to cover operation. e intenance expenses. This front-end bond issue then give the Village sufficient cash that when invested could take care of the cash flow needs Special Service District and the cash balance be subsequently replenished when tax payments are n the spring and fall of each year. Assuming that llage creates a Special Service District, issues Bonds for necessary cash flow purposes, and ishes the authority of a tax rate sufficient to t he needs of future years, then the subsequent ting levy.is filed automatically by the Village as o f its regular tax levy and no re -notice to the ity is necessary. Newman; Village Attorney, reported about his sions with Chapman and Cutler, Bond Counsel, that no longer a pure requirement on the municipality its Special Service District be created by the - filing of a tax levy in early September. Legisla as introduced in Springfield last year that permits unty to add to the x municipal tarate any special e district created by the end of December of any a lendar year. Both Mr. Newman and Mr. Norene indicated he creation of,a master list for notification could ompli.shed either by a computer program from the or by using some outside service to compile the ary data. A general discussion ensued among the members of the Board, Mr. Norene and Mr. Newman. Various elements of the Nuveen Cash Flow Analysis and 'Tax Impact Study were reviewed by the Committee of the Whole looking at different impact circumstances for various elements of property owners and income groups. After some further general discussion, it was suggested by Trustee Miller that the Village look at placing the capital costs of Venture on the property tax and any and all operational costs including Venture and the local system on the water bill. In this way, the entire community which benefits from the physical construction of the capital facility would pay for that benefit and future protection through the property tax and all operational expenses; i.e., consumption expenses, would still be placed on the water bill, therefore, maintaining a level of equity. Trustee Wattenberg inquired of Mr. Norene as to the costs of creating the Special Service District and the initial Band issue. Mr. Norene estimated that the basic costs for the Bond issue and the creation of the Special Service District would be in the vicinity of $25,000 and that the necessary research to complete the tabulation of 18,000 properties, if done by an outside firm, would approach $20,000. Therefore, the total costs of creating the Special Service District, as envisioned in these early stages 'would range somewhere between $40,000 and $50,000. Mr. Norene also pointed out that these costs to create the Special Service District are reimbursable and/or recoverable on the part of the municipality through the Special Service District tax. That is, none of the expense would have to be funded by the General Fund, but could be reimbursed by the tax payer benefiting from the Special Service District. Mr. Newman reported that Chapman. and Cutler has advised the Village that the Special Service District would haee no impact on any State debt limitations as the law is presently structured, nor is it anticipated that any changes would occur since it is not part of the regular services provided by the municipality. This addressed one of the questions raised in the Nuveen Report. After some further general discussion, Ms. Irene Steffen of 218 South Weller, presented the Committee of the Whole with a petition of 110 signatures. Of the 110 people signing the petition, 109 were against the concept of placing the costs of water against the property tax. These petitions were accepted by Mayor Krause and the discussion ensued between various members of the audience and the Committee of the Whole. The 'Commitee of the Whole clarified for members of the audience that the costs to be placed against their property tax were the capital costs and that a water bill would still exist and through that water bill, people 'would pay according to their consumption. It was the expressed fear of Ws some of the audience members that persons on fixed income and persons with very light consumption would pay a disproportionate share of the costs of water if the matter were simply placed on the property tax. Mayor Krause responded and indicated that the administra- tion should review recent State legislation that allows a municipality to give a discount and/or a tax rebate to senior citizens. It is thought that this rebate might be apportioned against the water bill or in some other form. This position was supported by Trustee Wattenberg. The administration was requested to keep this matter under advisement and to report to the Board at a later date. Ms. Steffen also requested to be advised of the future Board meetings and Committee meetings,where these matters were discussed so that she and some of her friends might attend. After some further general discussion, it was the direction on the part of the Committee of the Whole that the Village administration proceed, where necessary, in continued examination of the creation of a Special Service District and to refine the cost esimates and water bill estimates as time goes on. The Village Manager was instructed to prepare these estimates based upon the concept that the capital costs of Venture be placed upon the property tax and the —remaining expense against the water bill. Trustee Farley proposed that since the costs at this time are so nebulous and will remain estimates until after construction and the sale of Bonds, that the Village simply decide to split the cost differential on a 50/50 basis. That is, 50% of the Venture costs to go on the property tax through the Special Service District and the remaining 50% on the water bills. Trustee Miller said he could agree with that proposal and it was the consensus of the Committee of the Whole that that matter be studied further and be brought back to the Committee at a later date. Trustees Murauskis, Arthur and Floros indicated their support of the concept. Mayor Krause and Trustee Wattenberg expressed their continued reservations. Trustees Wattenberg and Floros inquired as to the status of Venture engineering and the negotiations with the City of Chicago. The Village Manager responded by informing the Committee of the Whole that as a member of the negotiating team withi the City of Chicago, that he expected a written contract to be presented to the Mayor and the Board within three of four weeks. The engineering negotiating committee has spent a considerable amount of time on -various technical details and in certain areas where it is necessary to change the policy of the City of Chicago. The Village Manager reviewed the routing and schedule of the Venture system and presented -4- to the Committee of the Whole the final contract documents and contract drawings as prepared by Metcalf and Eddy for the Mount Prospect segment of the line. These plans had been promised to the Village by April 15 and were actually delivered to the Village on April 19. Trustee Floros stated that in his opinion the engineers through their own omission have not progressed as far in the project as he thought was necessary at this time. Trustee Floros reviewed minutes of various Venture meetings and Executive Committee meetings indicating that the time schedule had been changed on numerous occasions and that in his opinion there were substantial delays in preparation of these documents and the completion of a contract with the City of Chicago and that we could expect,construction delays in the field similar to those we see with other construction projects. General discussion ensued comparing the progress in the Northwest Water Commission pipeline versus the Venture pipeline and the 12.5% interest rates that the Commission has bought with its 20 -year Bond issue. The Village Manager indicated that the Venture group has interim financing at 10.5% and our schedule for permanent financing indicates it will be entering the market sometime in 1983-1984 when interest rates should be lower than they are presently. Trustee Arthur also indicated his support of Trustee Floros' position and expressed his concern that the delays with the contract with the City of Chicago and engineering documents are costing the municipality money. Mayor Krause responded that some of the delays caused in the Venture group stemmed from the Village of Mount Prospect's attempt to have the Citizens' Utilities area serviced by the Venture and that in fact the Venture groups had spent some $100,000 in various engineering and technical services in order to have Citizens' Utilities join the Venture group. IV. MANAGER'S REPORT 1. The Village Manager reported that the WATER STORAGE TANK painting contract was on schedule and that in fact the contractor is working some weekends and early evenings. 2. The Village Manager reported that the staff was not satisfied with the quality, of workmanship on some of the concrete work at BUSSE and WILLE and we were working with the contractor and the consulting engineer to make the necessary changes in order to keep to our original time schedule. 3. The Village Manager requested direction from the Committee of the Whale as to the planned tour of the Village;"s CAPITAL FACILITIES on some weekend inconnection with the earlier Facilities Plan report delivered to the Mayor and the Beard of Trustees. It was the consensus of the Committee of the Whole that the Village Manager arrange a tour on some convenient Saturday for any and all interested Board members, advisory beards and commissions and interested citizens. VADJOURNMENT; There being no further business, the Committee of the. Whole meeting was adjourned at`9: 0 P.m. Respectfully submitted, TER ANCE L. BURGHARD Village tanager TLB/rcw' Village of MountProspect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR CAROLYN H. KRAUSE AND BOARD OF TRUSTEES FROM: ASSISTANT VILLAGE MANAGER DATE: MAY 7, 1982 SUBJECT: LANDLORD/TENANT ORDINANCE At the request of the Village Board, the staff has reviewed materials related to a Landlord/Tenant Ordinance. Specifically, we have reviewed the procedures followed in the City of Evanston and the City of Elgin. The concept of a Landlord/Tenant Ordinance can be separated into two phases. First, the inspection of buildings and facilities through enforcement of existing maintenance codes; and, secondly, the mediating of lease agreement disputes. Depending on the level of inspections desired, phase one can be accomplished with current staff by reorganizing and developing a new reporting system. As is the case currently, regular inspections would be primarily concerned with fire code violations, and health and building code concerns responded to on a complaint basis only. If a full scale annual inspection program were desired, one additional inspector would be required. With respect to landlord/tenant disputes, the Village could incorporate language into an Ordinance which would require that tenants be given a copy of their lease at the time of signing. This would seem to solve some of the problems that we have been faced with recently, and could be implemented without additional staff. The Village could go a step further however, and actually become involved with mediating landlord/ tenant disputes. Evanston has done this by authorizing the Village Manager to review disputes and file suit against a given landlord on behalf of the injured party. It is difficult to anticipate the number of complaints that would be generated, but we would expect that one staff member would be required for this function as well. In order to implement a proposed Ordinance and provide for a mechanism of enforcement, the staff would recommend creating a license for multiple dwelling rental units. The license would be reviewed each year at renewal time and could be revoked for proper cause. Fines can also be implemented for operating without proper licenses. At this point, a fee per unit would seem to be the most appropriate. The staff suggests that consideration be given to funding any increased costs due to a new program through a licensing fee structure. With that in mind, a fee of $3.00 per unit would generate approximately $24,000 per year, or the equivalent of one staff person. Upon receiving further direction from the Board, the staff will prepare a proposed Ordinance incorporating the desired level of involvement. JAY R. HEDGES JRH/rcw C: Village Manager Terrance L. Burghard CITY OF EVANSTON, ILLINOIS RESIDENTIAL LANDLORD AND TENANT ORDINANCE SECTION: PAGE Purpose and Scope .................... 5-3— 2: ............... Ge^eral Definitions; Principles of Interpretation 2 5-3— 3: .............. :--%er.;al Agreements ......... 2 5-3— 3-1: . ................... Terms and Conditions of Rental Agreement 2 ..... . Effect of Unsigned or Undelivered Rental Agreement 2 5-3— 3-3: ..........2 Prohibited Provisions in Rental Agreements 5-3— 4: .. __ ...................................... Tenant Obligations 3 5-3— 4-1: ................... Maintain Dwelling Unit 3 ................. ......... Rules and Regulations 3 5-3— 4-3: .......... ........ Access ....... 3 5-3— 4-4: ....... Tenant's Use and Occupancy 3 of Dwelling Unit ...... ......................... 33 5-3— 5: ..... Landlord Obligations ......... 5-3— 5-1: ........ Security Deposits and Prepaid Rent 5-3— 5-2: ..................... Disclosure 3 5-3— 5 -3: Maintain Fit Premises ....... ... . 4 5-3— 5-4: .................. ........... Limitation of Liability ........... 4 5-3— 6: ................. I ....... ............................ Landlord Remedies 4 .... Noncompliance With Rental Agreement; 5-3— 6-2: Failure to Pay Rent ............ . . ..... Failure to Maintain 4 ..... Abandonment; Subleases 4 5-3— 6-4: Waiver of Landlords's Right to Terminate 5 5-3— 6-5: .......................... Remedy After Termination 5 5-3— 6-6: Disposition of Abandoned Property ........................................... ....... 5 5-3— 7: Tenant Remedies 5 5-3— 7-1: Noncompliance by Landlord 5-3— 7-2: Failure to Deliver Possession . ......... 5 5-3— 7-3: ................ Self Help for Minor Defects and Rent Withholdings 6 5 —3— 7-4: ..................... . . . . .......... — Wrongful Failure to Supply Essential Services 6 5-3— 7-5: .... Landlord's Noncompliance as Defense to Action for Possession or Rent 6 5-3— 7-6: ....... .......... Fire or Casualty Damage ............. 6 5--3— 8: ... .. .............. Holdover; Abuse of Access 7 5-3— 8-1: Holdover Remedies 5 —3— 8-2: . ... ........... Landlord and Tenant Remedies for Abuse of Access 5-3— 8-3: Notice of Refusal to Renew Rental Agreement 7 5-3— 9: ........................ Retaliatory Conduct; Civil Actions by City .................... 7 5-3— 9-1: Retaliatory Conduct 7 5-3— 9-2: ................ Civil Actions by City — ..................... 7 5-3-10: ........ Attachment of Chapter to Rental Agreement ...................... ...... 7 5-3-11: ... ...... Condominium Conversions 8 5-3-12: Interruption of Tenant Occupancy ......... 5-3-12-1: ....... Unlawful Interruption ......... 8 5-3-12-2: Exclusions ....... ......... ....... 8 5-3-12-3: Fines ................... -- .......... .... 8 5-3-12-4: * ------------ ...... ...... Civil Remedy ............... 8 5-3-12-5: Tenant's Right to Terminate 5__1J_1: TITLE, PURPOSE AND S(' PERSON An individual (A) Short Title: This Chapter shall be known and may be cited or a corporation. govemment, governmental subdi- as the "Residential Landlord and Tenant Ordinance-. vision or agency, business trust. (B) Purpose arid Dec!_,;,36on of Policy: It is the purivse of this estate, trust, partnership or associ- ChWer and time ' :�--;icy of the City. in order to protect arid ation or any other legal or com- promote the pt)bls -31thsafety arid welfare of the citzens, mercial entity. to establish 60',�s and obligationsof' the landlord arid the PREINUSES: A dwelling unit and the structure of tenant in the ret tal of dwelling units and to encourage the which it is a part, and facilities and landlord and the to Inaintain and irriprove the quality appurtenances therein, and of housing grounds, areas and facilities held (C) Construction c.,%jprer. This Chapter shall be liberally out for the use of tenants. ' construed ane- to promote its purposes and policies- RENT: All payments to be made to the (D) Scope. ' landlord under the rental agreement. I. Te A,­,�wation: This Chapter applies to, rqu- , ' g later RENTAL RENTAL All agreements, written or oral, AGREENIENT and valid rules and regulations and d;::cr:nines rights, obligations and rernedies, under adopted under Section 5-3--4-2 a rerir_,i wherever" made, for a dwelling unit located r,irin the City. hereof embodying the terms and 2. Exclusions: Unless created to avoid the application of conditions concerning the use and occupancy of a dwelling unit and this Chapter, Che following arrangements are not premises- goverried by this Chapter: TENANT: A person entitled under a rental a. Residence at a public or private medical, geriatric, agreement to occupy a dwelling educational or religious institution; unit to the exclusion of others. b. Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser; 5---3-3: RENTAL AGREEMENTS: C. Occupancy in a strircture operated for the benefit of a social or fraternal organization; or -3-3-1; TERINIS AND CONDITIONS d. Transient occupancy in a hotel or motel. OF RENTAL AGREEINTENT: The (A) landlord and tenant may include in a rentalaorc�ement 5-3-2: GENERAL DEFINITIONS; 4r terms and conditions not prohibited by this Chapter and other PRINCIPLES OF INTERPRETATION: rule of law including rent, 1crill of 0ie a T n greef ient anew other (A) General Definitions; Subject to additional definitions con- provisions governing the rights, and oW i nat ions of the parties. tained in subsequent sections of this Chapter- (B) In Ov absence of agreement, the tenant shall pay as rent the ACTION: Includes fair rental value for the use and occupancy of the dwellin- C, recoupment, counter- unit. claim, setoff, suit in equity, and any other proceeding in which rights(C) Rent is to be payable without demand or notice at the time are determined, including an action y and place agreed upon by parties. Unless other-wise agreed. Z. reed. for possession. rent is payable at the dwelling unitt at the beginning or any beginning CODE:Includes any ordinance or term of one morah or less and otherwise in equal monthly govem- mental regulation concerning fit- installments at time e be 0fCacho mnth, Unless other- ness for habitation, or the con- wise agreed, rent shall be uniformly apportionable from day struction, maintenance, operation. today. occupancy, use or appearance of (D) Unless the rental agreerrient fixes a definite term, the any premises or dwelling unit. tenancy shall be week-to-week in the case of a tenant who CONINION AREA: Includes a part or area of the pays weekly rent, and in all other cases month-to-month. premises not within any dwelling unit. DWELLING UNIT: A structure or the part of a structure 5-3-3-2: EFFECT OF UNSIGNED OR that is used as a home, residence or UNDELIVERED RENTAL AGREEMENT: sleeping place by one or more per- (A) If the landlord does not sign and deliver a written rental sons who maintain a household- agreement. signed and delivered to him by the tenant, ac- FAIR RENTAL The prevailing value of comparable ceptance of rent without reservation by the landlord gives, the VALUE: rental units in the City- rental agreement the same effect as if it had been signed and LANDLORD: The owner, lessor or sublessor of delivered by the landlord. for the term set forth in the rental the dwelling unit or the buildine of agreement. which it is a part. An owner is one (B) If the tenant does not sign and deliver a written rental agree- or more persons, jointly or sey- Milt, signed and delivered to him by the landlord. acceptance ceptance erally, in whorn is vested all or part of posscssion and payment of rent without reservation of the legal title to property, or all gives the rental a-merrwrit the same effect as if it had been signed or part of the beneficial ownership and delivered by the tenant. and a right to present use and en- (C) If a rental ai_,rcement given effect by the operation of this joyment of the premises. including Section provides for a term longer than one year, it is a mortgagee in possession. effective for only one year- 2 5-3—b-3: PROHIBITED PROVISIONS IN RENTAL AGREEMENTS: (A) Except as otherwise provided by this Chapter, no rental agreement may provide that the tenant or the landlord: L Agrees 10 %vaive or to forego rights or remedies under this Chapter-, 2- Authorizes any ;c"SOn to confess judgment on a cl ai ¢ n arising Sing OLa of 0ic rental agreement; - 3- Agree,,, to tic 'imitation of any liability of the landlord or tenanr arising under 12W or to indemnify the landlord or ;cnant for that liability or the costs connected Chtrcwlth. (13) A provision F. -ch)- "Me'd by subsection (A) included in a rental agreement isunenforcc3ble_ If a landlord deliberately uses a rental agreement cop.jji_-, ,1Mg any provision known by him to be prohibited, the zcnint may recover actual da -mages sus- tained by him and not more that two (2) months' rent and reasonable attorney's fees. 5 ,-3-4: TENANT OBLIGATIONS: 5-3--4-1: MAINTALN MVELL121;G UNIT: The tenant shall: (A) Comply with all obligations irnfx)sed upon tenants by pro- visions of the codes applicable to the dwelling unit; (B) Keep that part of the premises that he occupies and uses as safe as the condition of the premises permits; (C) Dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner; (D) Keep all plumbing fixtures in the rlwelling unit or used by the tenant as clean as their condition permits'. (E) Use in a reasonable manner all electrical, plumbing, sani- tary, heating, ventilating, air conditioning and othe'rfacili- ties and appliances, including elevators, in the premises; (F) Not deliberately or nirofigently destroy, deface, darnage, C� � impair Or' remove any part of the premises or knowingly Fx.rioit any person to do so; and (G) Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will riot disirirb his ncighbt:ir's peaceful enjoyrnent of the premises. -5--3-4-2: RULES AND REGULATIONS: (A) The landlord, from time to time, may adopt general rules or regulations concerning the tenant's use and occupancy of the premises- They are enforceable only if: I. Their purpose is to promote the convenience, safety or welfare of the teriants-ion-4e premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities among tenants-. 2- They are reasonably related to the purpose for which they are adopted; 3. They apply to all tenants in the premises in a fair manner; 4. The)- are sufficiently explicit to fairly inform the tenant of what he must or must not do to comply; 5. They are not for the purpose of evading the obligations of the landlord; and 6. The tenant has notice of them at the time he enters into the rental agreement. (B) A rule or regu adopted after the tenant enters into the rental agreement that substantially modifies his bargain is not enforceable unless the tenant consents to it in writing. 5--3--4-3: ACCESS: (A) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit in order to inspect the premises, ma,e necesswy or agreed -reed repairs, decorations, alterations or improvernents, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants or workmen. (B) The landlord may enter the dwelling unit without consent of the tenant in case of emergency. (C) The landlord shall not abuse the right of access or use it to harass the tenant. Except in cases Of emergency, or unless it is impracticable to do so. the landlord shall give the tenant at least two (2) days' notice of his intent to enter and may enter only at reasonable times. 5--3-4-4: TENANT'S USE AND OCCUPANCY OF DWELLD;G UNIT: Unless otherwise agreea, the tenant -,hall occupy his dwellingunit only as a dwelling unit- (Ord. 19-0-75) t - 5-3-5: LANDLORD OBLIGATONS: 5-3-5-1: SECURITY DEPOSITS AND PREPAID RENT: (A) A landlord may not demand Or receive security or prepaid rent or any combination thereof in an amount in excess of one and one..half (11h) rnonths* rent, provided, however, that rent paid ori the first day of the month or upon any other day mutually agreed upon by the parties, due and payable in advance for that month, shall riot be construed herein as either security or prepaid rent and therefore shall not be included in the computation of the aforesaid one and one- half ne- ha]f (I,/,) months' rent. (B) The landlord who receives security or prepaid rent from a tenant shall pay interest to the tenant computed from the date of deposit at a rate of four percent (4%) per year, and five percent (5%) per year after 3anuary 1, 1976, and within thirty (30) days after the end of each twelve (12) rnonth 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, (Ord. 79.0-75) (C) Upon termination of the tenancy, property or nioncy field by the landlord as security or prepaid rent may, he applied to the payment of accrued rent and the XTIOUM Of damages which the landlord has suffered by reason of the tenariCs, noncompliance with Section 5 -3-4-1 hereof, all as iternized by. Oic landlord in aurit:cn notice delivered to the tenant together v, ith the arnount due twenty one (2 1) days after tenant has vacated his unit. Any sectinty or prepaid rent 'lot so applied. and any interest on n such security duc to tlic tcrk2rlt. shall b,&, paid to the tqlanr v»ithio lucirty one ('21) days after tenant has vacated his unit. 5-3-5-1: (Continued) (D) If the landlord fails era comply with subs,—ion (C) hereof, the tenant may recd, er the property and money due him together with damages in an amount equal to twice the amount wrongfully •.: ithheld and reasonable attorney's fees. (E) This Section does :.ct preclude the landlord or tenant from recovering other ::mages to which he may be entitled under this Chapter. 5-3-5-2: DISC;_:.-sZRE: (A) The landlord or :,t,., ;xrson authorized to enter into a rental agreement cn ^ . oehalf shall disclose to the tenant in writing, on or beiorc the commencement of the tenancy: I. The name. adaJress and twenty four (34) hour telephone number of the ;-arson authorized to rraanagC the premises;, and 2- The name and address of the owner of the premises or the person authorized to act on behalf of the owner for the pttrpa)se of service of process and for the purpose of receiving notices and demands. (B) A person who fails to comply with subsection (A) becomes an agent of each person who is a landlord fear: 1. Service of process and receiving of notices and demands; and 2. Performing the obliflations of tyre landlord under this Chapter and under the rental a,preernent and expending or making available for that paarlxase all rent collected frorn the prerniises. (C) The information required to be furnished by subsection (A) shall be kept current. Subsections (A) and (I3) extend to and are; enforceable ra(;ainst ,any, successor landlord or tnanaeer. (D) Before a tenant initially enters into or renews a rental agreement for a dwelling unit, the landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing any code vialaatiorts which have been cited by the City for the dwelling unit and common area. If the landlord fails to comply with this subsection (D). the tenant may pursue the remedies provided in Sections 5---3---7-1 or 5-3-4-3 of this Chapter. 5--3-5-3: it1AINTAIN FIT PREMISES: (A) The landlord shall maintain the prernises in substantial cornPliance with the applicable Codes of the City and shall prcrrnptly snake any and all repairs necessary to fulfill this obligation. (B) 'Me landlord and tenant of any dwelling unit may agree that the tenant is to perfo,r- t specified repairs. maintenance tasks. altcrations or remodeling only if: I.. 'file a cernent of the paries is crucred into in good fditlt cared riot for the ptarpOse or evading yg the obligations of the landlord and is set firth in a separate writing signed by the parties and supported by adequate con- sideration: and 2. The acro rnent does not diminish or affect the oblii-,ation of the landlord it) other tenants in the premises. - 5-3--5-4:- L' --`-ATION OF LIABILITY: (A) [Jnle;ss oth2 z agrecd, a landlord "ho wells the prerniscs is relieved of liability undcr the rental a9reernent and this Chapter for events occurrintt subsequent to written notice to the tenant of the scale. I10wever„ lie resp°'tainsliable to the tenant for any property and money to which the tenant is entitled under Section 5—:3---5.1 of this Chapter and all prepaid rent, unless the tenant receives written notice: that such property, money and prepaid rent have been transferred to the buyer, and that the buyer has accepted liability for Such property, money and prepaid rent. (B) Unless otherwise agreed, the manager of the premises is relieved of liability tender the rental agreen'tent and .this Chapter forevents occurring afterwritten notice to lhe tenant of the termination of his managernent. 5-3-6: LANDLORD REMEDIES: 5-3--6-1: NONCOMPLIANCE R'ITH RENTAL AGREEMENT; FAILURE TO PAY RENT: (A) If there is a material noncompliance by the tenant with the rental agreement or with Section 5-•--.3-._.4®l, the landlord may deliver written notice to the tenant specifying the acts and r'amissions constituting the breach and that the rental agreement will terminate upon a date not less than forty five (45) days after receipt of the notice, unless the breach is remedied by the tenant within thirty (3()) days. If the breach is not rernedied by the tenant within thirty (30) days, the rental agreement shall terntinare as provided in the notice. (B) if rent is unpaid when due„ and the tenant fails to pay the unpaid rent within ten (1C)) days after written notice by the landlord of his imcntion to terzninate the rental a)„reement if the rent is not so paid, the landlord rriay terminate the rental agreement. (C) Except as provided herein, the landlord may, recover chartcages and obtain irijunc injunctive relief frac any noncompliance by the tenant with the rental agreement or with Section 5-3-4-1. If the tertanCs ttoncompliance is wilful, the landlord may recover reasonable attorney"s fees. 5-3-6-2: FAILURE TO tiIAINTAIN: If there is material noncompliance by the tenant with Section 5--,-3 —4- 1 hereof'. and the tenant fails to comply as promptly as conditions permit to case of enaCrgency or within fourteen (14) days of recti-ipt of written notice by the landlord specify - inp the breach and requCstin r that the tenant remedy it within that. Period of time, the landlord may enter the dwellin- unit and have, the work done in a workmanlike manner and submit a receipted bill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due_ or if the rental agreement has terminated. for immediate pavrnent. provided that the landlord has fulfilled his affirmative obligations under Section 5--__3.__5.3 (D) and 5-1-5-3 W. ABANDONMENT; SUBLEA�- If the tenant abandons the dwelling, unit, the landlord shall mils c p ood faith clfOn to rent it at 2 fair rental, Tbis shall include the accein.incr of reasonable subleases. if the landlord succeeds irnfing the dwelling unit at a fair rental. the teriarn shall be!�ahlt for the arnouraby which the rent due from the date Cifab;indonrrtent to the lerntination.of the initial rental 28'rec"nent e-cteds the fair rental subseclucritly received by the ij,-,,�n-4 from the date of abandonment to the termination Of I*N- 11'263l rental agreement. If the landlord makes a rood f rr 'fort to rent the dwelling unit at a fair rental and is U-M--'-sfful, the tenant shall be liable for lie rent due for' Z Of tile rental agreement. In either event, the %-. txliable for the advertising expenses and reasonable, ;; :r-, °Mraticin costs incurred by the landlord in rerenting the, unit, 5--3-6-4: WAIVER OF LANDLORD'S RIGHT TO TERMINATE: Acceptance of rent with knowledge of a default by the tenant, or acceptance of performance by him that varies from the te,rrns Of the rclIT31 agreement or rules or regulations sutrscquently adopted by the landlord, constitutes a waiver of his right to lcl-ruinale the rental agreement for that breach, unless Otherwise agreed after the breach has occurred. 5--3-6-5: REMEDY AFTER TERMINATION: If the rental 2-2recroeflt is terminated, the landlord may have a claim for possession arid for rent and a separate claim for damages for breach of the rental agreement and reasonahle attorney's fees, asprovided it, Section 5--_3-5-1 ((;:) hereof, 5--3-6-6: DISPOSITION OF ABANDONED PROPERTY: (A) Except 25 otherwise agreed, if, upon termination of a tenancy (other than by art order Of a court of competent jurisdiction) including, but not limited to, a termination after expiration of a lease or by surrender or abandonment of the premises, a tenant has left personal property on the premises, and the landlord reasonably believes that the tenant has abanduried such personal property, the landlord may: I. Notify the tenant in writing of his demand that such property tremoved within the dates set forth it, such notice (but riot less than 15 days after delivery or mailing of such notice); and that if such property is riot removed within the time Specified, the property may be sold. If the property is not removed within the time specified in such notice, the landlord "lay sell the property at a public sale or at a commercially reasonable private, sale. The, Proceeds- les" rtZ�SOnWC COSIS inCUrred bysitch sale or storage Of WOPCoy, shall he held by the landlord for the teriant for one year. If the tenant does not claim the proceeds, within One year. the proceeds shall be the pi operty cif the landlord. 2. If the tenant has left PCI•S()rlal f7roPerly which is rC2s0r12bl' determined by the landlord to be valucless or of suot little Value that the cost of storing arid conducting 3 sale would probably exceed the ar nount that woL I realized from such -,ale, the landlord may notify the tenant in writinp that such property be removed by the date specified in such notice (but not less than 15 days after delivery or mailing of such notice). and that if such property is not removed within the time specificd. the landlord intends to destroy or otherwise dispose: of the property. If the property is not ternoved within the tirrie specified in the notice, the landlord may destroy or otherwise dispose of the property. 3. 'flic notice shall indicate his election to sell specific items of the tenant's personal property and to destroy or of lie' nXise dispose of the remainder of said property, (B) For purposes of this Section. "abandonment" shall mean that the tenant has vacated the premises, and that his rent is in default and that notice by the landlord to terminate the rental agreement as provided in Section 5-3---6-1 (B) has expired_ (C) After sending written notice. as provided in subsection (A), the landlord shall store all personal properls, of the tenant in a place of safe keeping and shall exercise reasonable care of the. property, but shaf, not be responsible to t1te tenant for any loss riot caused by the landlord's deliberate or negligent act orolnission. The landlord iiiavelect tri store the p;oi)errytn or about the previously vacated premises. In such case, the storage shall not exceed commercially reasonable storage rates. If the tenant's property is removed to a commercial storage company, the storaee cost shall include the actual charge forsuch storage and removal from the premises tothe place of storage. (D) After landlords notice under subsection (A), if the tenant makes, timely response in writing of his intention to rernove the Inrsonal property florn the prernises, and does riot do so within the time specifiedS notice or within in the landlord' thirty (30) days of the delivery or mailing of tile jenant*s, written response or, a mutually agreeable date (whichever is later), it shall be, conclusively piesurned that he has abandoned such property. In the event the tenant removes the property after notice, the landlord shall be entitled to the cost of'storage for the period the property has remained in his safe keelling. (E) Any public sale, authorized under the provisions of this Section, shall be conducted pursuant to law in such instances made and provided. 5--3-7: TENANT REMEDIES: 5-3-7-1: NONCOMPLIANCE BY LANDLORD (A) Iftl1crC is a material' noncompliance by the landlord with the rental agreement or with Section 5 —3-5-2 ([)) or Section the tenant stray deliver a written notice to the landlord specifynv the breach and that the recital aloretn'tC n will terminate on a date not less than forty rive (45)days after ruccipt of the notice if the breach is not icniedied in tho-V (30) days. If ti)e breach is not rernedied by the landlord in'thirty (30) days, the rental acreente,,rit sh,111 terminale as provided in the notice. The ten.'!'111 1112Y riot terminate for a c(nidifion caused by the dtfitw�rate or neolivent act of omission of the tenant, a niernber of his farrjijv or other p, premises with his consent, . , rsc)n on tile (B) Except as provided in this Chapter, the tenant may recover damages and obtain injunctive relief for any material noncompliance by the landlord with the rental agreement or with Section 5-3--5-3. If the landlord's noncompliance is wilful, the tenant :-av recover reasonable attorney's fees. (C) If the rental agreement is terminated, the landlord shall return all sec::. -:-v and interest recoverable by the tenant under Section L3--5-1 and all prepaid rent. 5-3-7-2: FAH_r_RE TO DELIVER POSSESSION: (A) If the landlorc .`a,is :o deliver possession of the dwelling unit to the tenant ;n cornpliance with the rental agreement and Section 5—`5-3, rent abates until possession is delivered and the tenant ,may: 1. Upon at lea.;- five (5) days' written notice to the landlord, to urinate the rental agreement and upon termination the landlord shall return all prepaid rent and security: or 2. Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages sustained by him. (B) If a person's failure to deliver possession is wilful, an aggrieved person may recover from that person wrongfully in possession, an amount not more than two (2) months' rent or twice the actual damages sustained by him, whichever is greater, and reasonable attorney's fees_ 5-3-7-3: SELF HELP FOR M11NOR DEFECTS AND RENT WITHHOLDINGS: (A) With respect to any single violation, the tenant may choose either the remedy in subsection 1 below or the remedy in subsection 2 below-, but not both. 1. If the landlord fails to comply with the rental agreement or -with Section 5-3-5-3 (A)- and the reasonable cost of compliance is less than two hundred dollars ($200.00) or an amount equal to one-half ('h) of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under Section 5-3-7-1 (B) or may notify the landlord in writing of his intention to correct the condition at the landlord's expense_ If the landlord fails to comply within fourteen (14) days after being notified by the tenant in writing or as promptly as conditions require in case of emergency, the tenant may have the work done in a workmanlike manner and, after submitting to the landlord a receipted bill from an appropriate tradesman, deduct from his rent the amount thereof, not exceeding the limits specified in this subsection; provided, that the tenant has fulfilled his affirmative ohiigations under Section 5-3-4-1. 2. If the landlord fails to comply with the rental agreement or with Section. 5-3-5-3 (A), the tenant may, where the condition has been cited as a code violation by the City, notify the landlord in writing of the tenant's intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises_ If the landlord fails to correct the condition within fourteen (14) days after being notified by the tenant in writing, the tenant may, during the time such failure continues, deduct from the rent the stated amount. (B) A tenant may —it repair at the landlord's expense or withhold rent under this Section if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent. (C) Before correcting a condition affecting facilities shared by more than one dwelling unit, the tenant shall notify all other tenants sharing such facilities of his plans, and shall so arrange the work as to create the least practicable inconvenience to the other tenants. 5-3-7-4: WRONGFUL FAILURE TO SUPPLY ESSENTIAL SERVICES: (A) If, contrary to the rental asrccment, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing, the tenant may give written notice to the landlord specifying the breach and after such notice may: 1. Procure reasonable amounts of heat, hot water, running water, electricity, gas or plumbing during the period of the landlord's noncompliance and deduct their cost from the rent; 2. Recover damages based upon (lie diminution in the fair rental value of the dwelling unit and reasonable attorney's fees; or 3. Procure substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance. The tenant may recover the cost of reasonable value of the substitute housing up to an amount equal to the monthly rent and reasonable attorney's fees_ (B) If the tenant proceeds underthis Section, he may not proceed under Sections 5-3-7-1 or 5-3-7-3 for that breach - (C) The tenant may not exercise his rights under this Section if the condition was caused by the inability of a utility supplier to provide service or by the deliberate or negligent act or omission of the tenant, -a member of his family, or other person on the premises with his consent. 5-3-7-5: LANDLORD'S NONCOMPLIANCE AS DEFENSE TO ACTION FOR POSSESSION OR RENT (A) In an action for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession, the tenant may counterclaim for any amount which he may recover under the rental agreement or this Chapter. In that event, the court may order the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party_ The parry to whom a net amount is owed shall be paid first from the money paid into court, and the balance by the other party_ If no rent remains due after application of this Section, judgment shall be entered for the tenant in the action for possession_ If the defense or counterclaim by the tenant is without merit, the landlord may recover reasonable attorney's fees_ (B) In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection (A), but the tenant is not required to pay any rent into court. '5-3-L7-6: FIRE OR CASUALTY DAM, (A) If Elie dwelling unit or premises are darnaged or destroyed by fire Or casualty toall extent (list enjoyment of the dwelling unit is SUIa:­arui ally impaired, the tenant may: I. Immediately va,-ate -, c Premises and notify the landlord in writing with- fourteen (14) days thereafter of his intention to terminalc the rental agrectrient, in which case the rental agreernrni lxrrninates as of the date of vacating; or 2. If continued :ccz�paricy is lawful, vacate any part of the dwelling Emil --t—orntc] unusable by the fire orcasualry, in which ca--,:- L-'e ;Chant's liability for rent is reduced in proportion !o Inc Diminution in the fair rental value of the dwellinE! unit_ (B) If the rental agreernent is terminated, the landlord shall rn retuall security MY recoverable tinder Section 5-3-5-1 and all prepaid rent. Accounting for rent in the event of termination or apportionment shall be made as of the date of the fire or casualty. (C) A tenant may not exercise remedies in this Section if the fire or casualty damage was caused by the: deliberate or negligent act or Omisson of the tenant, a member of his family, -or a person on the premises with his consent. 5--3-8: HOLDOVER; ABUSE OF ACCESS: 5-3-8-1: HOLDOVER REMEDIES: If the tenant remains in pf)ssession without the landDord's consent, after expiration of the term of the rental agreernent or its termination, the landlord may bring an action for possession and if the tenant's holdover is wifful, the landlord in addition inay recover an arnount not "lore than two (2) monthsperiodic rent or twvice the damages sustained by him, whichever is greater. and reasonable attorney's recs. if the landlord consents to the tenant's continued occupancy, Section 5-3-3-1 (D) applies. 5--3-8-2: LANDLORD AND TENANT REMEDIES FOR ABUSE OF ACCESS: (A) If the tenant refuses to allow lawful access, the laruflord may obtain injunctive relief to compel access or terminate tile rental ugreernent. In either cast-, the landlord rntry recover damages and reasonable attorney*.,; fees. (B) If tile landlord makes an unlawful entry or a lawful entry in an unicasortable manner or makes repeated demands for entry otherwise lawful, but which have the effect of harassing the tenant, the tenant may Obtain injunctive relief to prevent the recurrence of the conduct, or terminate tile rental alreement. In each case, the tenant rnay recover an amount equal to riot more than two (2) months' rent or twice the darnages st'staineli by hirn, whichever is greater, and reasonable attorney*s fees, 5--3-8-3.- NOTICE OF REFUSAL TO RENEW RENTAL AGREEMENT: (A) If the rental P 4oreernent will nor be renewed or if a month -to - month tenancy will be terminated, the landlord shall notify the tenant in wlitirl? thirty (30) days prior to the termination date. (B) If the landlor, , to give the required written notice, the tenant rmhy remain in his d%4elling for two (2) rrionths. CO"Trrwocing on dic (late that the v.,rillen notice is TCCCiv,cd by the tenant. During such perio<J, tfic terms and conditions of the tenancy shall be the same as the terms and conditions during the month of tenancy immediately preceding the notice. 5--3-9: RETALIATORY CONDUCT; CIVIL ACTIONS BY CITY: 5-3-9-1: RETALIATORY CONDUCT: (A) Except as provided in this Section, a landlord may not retaliate by increasing rent or decreasing services or by brinpinp or threatening) to bring action for possession or by refusing, to renew rental agreerrient taecausc the tenant has: 1. Complained in good faith of a code violation to a government agency charged with the responsibility for the enforcement of such code; 2. Complained to the landlord of a violation under Sections 5-3-5-2 (D) or 5-3-5-3; 3. Organized or become a member of a tenant union or similar organization; or 4. Exercised Or attempted to exercise any right or enforce any rernedy granted to him tinder this Chapter. (B')If the landlord acts in violation of subsection (A), the tenant has a defense in any retaliatory acijon ap .,airlst hirn for Possession and is entitled to the followinE . rernedies: he may recover fX)ssession or terminate the rental agreement and, in citlwrca-sc, recover an amount equal to and not more 1111111 two (2) months* rent car twice the darnages, sustained by, him, whichever is greater and reasonable: attorney's fees. If the rental aercernent is terminated, the landlord shall return all security and interest recoverable under Section 5-3 . .....-5- I and all prepaid rent. In an action by or against dle tenant, if there is evidence of a complaint Nvitl,6n one year prior to the alleged act of retaliation, it may be inferred that the landlord's conduct was retaliatory. The inference does not arise if the tenant made the complaint after notice of a proposed rent increase or diminution of services. (C) Notwithstanding subsection (A) and (B), a landlord may bring an action for possession if: I- The viO1360a Of a code was caused primarily by lack of care by the tenant, a member of his falnily or other WWI' on the premises with his consent; of 2. The terian ' t is in default in rent, other than a_purporteddefault tinder Section 5-3-7-3. 5--3-9-2: CML ACTIONS BY CITY: Whenever the City N4arjager or his designee has reasonable cause to believe that ally landlord or tenant is engaged in a Pattern Of practice Of violating the provisions of this Chapter, the City may bring 2 civil fiction by filing a Complaint signed by the City MWMYcr, soling fc`rdthe facts PCnaining to such pattern of practice and requesting, such relief, including an application for a permanent or ternporary injunction, restraining, order and darnares as hereinbefore provided against Ille 1,Lndl(>rd or tenwit responsible for such pattern of Practice. as may be necessary to insure compliance with the f"ovisiOnsof this Chapter an�f the full enjoyment Of the tights herein established. The forer'oin., dotes not linjit the City of Evanston's authority to institute actions pursuant to Section 5--3-12-3 to enlaorce Section 5-3-42 of this Chapter. 5-3-10: ATTACHMENT OF CHAPTEN TO RENTAL AGREEMENT: A copy of this Chapter s::ail be attached to each written rental agreement delivered b� jr on behalf of a landlord when any such agreer'nent is Initially offered to any tenant or prospective tenant w :e:er such agreement is for a new rental or a renewai ;iereof_ Where there is an oral agreement, the lar±a:ic:x shall give a copy of this Chapter to the tenant. (Ord. 71(1-4.75) 5--3-11: CONDCv)!1IUM CONVERSIONS: Provisions of this ,, `,a,^.rcr that contradict, modify, expand or limit rights of land,or�!s or tenants established under this Chapter shall prevail ovtr the provisions; of this Chapter, for leases entered into or renewed subsequent to the effective date of the Residential Condominium Ordinance_ (Ord_ 12- 0-79) 5-3-12: INTERRUPTION OF TENANT OCCUPANCY: 5-3-12-1: UNLAWFUL INTERRUPTION: It is unlawful for any landlord or any person acting at his direction to knowingly oust or dispossessor attempt to oust or dispossess any tenant from a dwelling unit without authority of law, by plugging, changing, adding or removing any lock or latchin^ device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering with the services to said unit, including, but not limited to. electricity, gas, hot or cold water, plumbing, heat or telephone service; or by removing a tenant's personal property from said unit: or by the use of force or threat of violence, injury or force to a tenant's person or property; or by any other act rendering a dwelling unit or any part thereof or any personal property located therein inaccessible or uninhabitable. 5--3-12-2: EXCLUSIONS: The provisions of Section 5-3-12-1 shall not apply where: (A) A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and detainer and engages the Sheriff of Cook County to forcibly evict a tenant or his personal property; or (B) A landlord acts in compliance with the laws of Illinois pertaining to distress for, rent; or (C) A landlord acts pursua^.t to court order; or (D) A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law, or (E) The tenants with a right to possession of the dwelling unit have been absent therefrom for thirty (30) consecutive days without advising the landlord of such absence or their intent to return. current rent is thirty (30) or more days overdue, and after diligent inquiry the landlord has reason to believe that tenants have abandoned the premises and do not intend to return. 5-3-12-3: FINES: (A) Each member of the Police Department, while on duty, is hereby authorized to arrest any person who is found to have violated any of the provisions of Section 5-3-12-1- (B) Any person found guilty of violating Section 5-3-12-1 shall be fined not less than Two Hundred Dollars (S200.00) nor more than Five Hundred Dollars (S500.00), and each day that such violation shall occur or continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed - 5 -3-12-4: CIVIL REMEDY: If a tenant in a civil legal proceeding against his landlord establishes that a violation of Section 5-3-12-1 has occurred he shall be entitled to recover possession of his dwelling• unit or personal property and shall recover an amount equal to not more than two (2) months' rent or twice the actual damages sustained by him, whichever is greater. and reasonable attorneys' • fees. A tenant may pursue any civil remedy for violation of this article regardless of whether a fine has been entered against the landlord pursuant to Section 5-3-12-3. 5-3--12-5: TENANT'S RIGHT TO TERMINATE: If a landlord or any person acting at his direction violates Section 5-3-12-1, the tenant shall have the right to terminate the rental agreement by sending the landlord written notice of his intention to terminate within three (3) days of the violation_ If the rental agreement is terminated, the landlord shall return all security deposits, prepaid rent and interest to the tenant in accord with Section 5-3-5-1. (Ord. 8-0-81) Effective date June 1, 1975 unless otherwise stated. Correction of omission from Page 2, Sec. 5-3-2: (B) Unconscionability: If the court finds the rental agree- ment, or a settlement in which a party waives or agrees to forego a claim or right under this Chapter or under a rental agreement, to have been unconscionable when made, the court may grant the following relief: 1. Nonenforcement; or 2. Nonenforcement of the unconscionable provision only; or 3. Limit the application of any provision to avoid an unconscionable result. (C) Notice: A person has notice of a fact if: 1. He has actual knowledge of it; 2. He has received notice of it; or 3. From all the facts and circumstances known to him at the time in question, he has reason to know that it exists. A person gives notice to another by taking steps reasonably calculated to inforrn the other in ordinary course whether or not the other actually comes to know of it.