HomeMy WebLinkAboutOrd 5745 06/16/2009
ORDINANCE NO. 5745
AN ORDINANCE AMENDING CHAPTERS 8, 21, AND 23 AND APPENDIX A OF THE
VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING
CRIME FREE HOUSING AND ENFORCEMENT FEES
Passed and approved by
the President and Board of Trustees
the 16th day of June 2009.
Published in pamphlet form
by authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
1 ih day of June 2009.
ORDINANCE NO. 5745
AN ORDINANCE
AMENDING CHAPTERS 8, 21 AND 23 AND APPENDIX A
OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
REGARDING CRIME FREE HOUSING AND ENFORCEMENT FEES
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE
EXERCISE OF THEIR HOME RULE POWERS:
SECTION 1: Section 8.2106, "Scope Of Authority Of Administrative Law Judges", of
Article XXI, Admin istrative Adjud ication System, of Chapter 8 of the Mount Prospect Village
Code shall be amended by deleting subsection F(4) in its entirety and replacing it with a
new Subsection F(4), to be and read as follows:
(4) Ordering, regardless of fines imposed or costs assessed, the respondent to
perform a term of community service and/or participation in any training, program or
certification provided under Section 23.1814, Crime Free Housing, of this chapter.
SECTION 2: Section 21.606, "Notice of Violation", 21.607, "Enforcement Fees",
21.608, "Exceptions to Enforcement Fees", and 21.609, "Additional Units", of Article VI,
Property Maintenance Code, of Chapter 21 of the Mount Prospect Village Code shall be
deleted in their entirety:
SECTION 3: Section 23.1803, "Definitions", of Article XVIII, Residential
Landlord and Tenant Regulations, of Chapter 23 of the Village Code shall be amended,
as follows:
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A. The definition of "Certified As A Residential Operator Or Certification As A
Residential Operator", shall be amended by deleting the phrase "as described in
subsection 21.608C2 of this Code", to be and read as follows:
Certified As A Residential Operator Or Certification As A Residential Operator:
The annual certification of landlord of a residential unit or structure, who has
been issued a residential operator's license, a security certificate, and a
certificate for completing the community awareness training program.
B. The following definitions shall be inserted alphabetically:
"AS VACANT" BASIS OR INSPECTION: Inspection of a dwelling unit of an
inspection group whenever a lease expires and is not renewed, or a tenant
vacates a dwelling unit.
COMMUNITY AWARENESS TRAINING PROGRAM: An annual training
program sponsored by the Mount Prospect police department to promote crime
prevention through community awareness.
COMPLIANCE TIME PERIOD: The time period in which certain code violations
must be remedied pursuant to a notice of violation pursuant to an inspection.
DIRECTOR: The Director of the Department of Community Development or
his/her designee.
INCENTIVE SCHEDULE: As an incentive to promote property owners'
compliance with village regulations, an inspection schedule is reduced in
frequency based upon a finding of no violations on a property as the result of an
inspection.
REGULAR SCHEDULE OR REGULAR INSPECTION SCHEDULE: The initial
and subsequent annual license inspections of multi-family rental structures.
SECURITY CERTIFICATE: A certificate issued to a property owner upon
completion and review of a crime prevention analysis conducted by the police
department, which includes, among other things, conducting a Crime Prevention
Through Environmental Design Survey, and presentation of safety tips for to
protect the property, its occupants and visitors, as well as the owner's
implementation of any security recommendations within a reasonable period of
time, as determined by the director.
SECURITY SURVEY: An analysis of property and locale characteristics,
conducted by the police department, to determine the vulnerability of the
property, occupants and visitors to criminal activity, and to make
recommendations to reduce criminal activity and promote safety based upon
those observations.
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SECTION 4: Subsection D of Section 23.1814, "Crime Free Housing", of
Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village
Code shall be amended by deleting the phrase "as described in subsection 21.608C2 of
this code", to be and read as follows:
D. An owner of a rental unit or multi-family residential structure may be certified as a
residential operator upon issuance of a residential operator's license, a security
certificate, and a certificate of completion of the community awareness training
program presented by the Mount Prospect police department. The certification
as a residential operator shall be issued on an annual basis subject to annual
compliance with these requirements.
SECTION 5: The text of Section 23.1816, "Inspections by Village", of Article
XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code
shall be deleted in its entirety and the following inserted in its place:
23.1816: INSPECTIONS 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, 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 be conducted on
a regular schedule and include the building exterior, common areas,
basement and not less than twenty percent (20%) of the individual dwelling
units. All units within the structure shall be inspected every five (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 cause exists to make such an inspection, such as a complaint
regarding noncompliance with applicable regulations. The age of the
structure shall be established from the date of the original certificate of
occupancy or if not available, by proof otherwise acceptable to the village.
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3. Inspections shall be required for each inspection group. If an inspection
group has twelve (12) or fewer units, the owner may elect to have inspection
conducted on an "as vacant" basis. 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, other than a
warning condition, is found during such an inspection, then subsections A4
through A9 of this section shall apply and an inspection group's "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. 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 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 such notice. 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 may establish procedures to assure reasonable notice in certain
circumstances, e.g., lack of cooperation by owner, and such service and
posting requirements need not comply with the requirements of this
subsection A4.
5. Rental structures, other than multi-family rental structures, shall be subject
to inspection in response to complaints regarding noncompliance with
applicable regulations. The exterior of such structures shall also be subject to
inspection as part of the village's routine property maintenance program.
Inspections shall be conducted in accordance with subsections A6 through
A9 and A 11 of this section.
6. If any owner, property agent, tenant or other person in control of a rental
structure fails or refuses to consent to free access and entry to the property
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.
7. The director may establish compliance time periods during which violations
must be corrected. A separate time period may be established for correction
of warning conditions. Failure to comply with such a time period shall be a
violation of this article.
8. If a licensing inspection reveals any violation or warning condition, a
compliance time period shall be set by the director. The code official shall
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serve notice of the violations and/or warning conditions, and the compliance
time period on the owner or property agent personally or by regular U.S. mail
at the address provided on the most recent license application. The notice
shall include the following:
a. Identification of the property;
b. A statement listing the violations and applicable code sections;
c. The time period for compliance;
d. A statement that the owner has a right to request a hearing before the
village manager to contest the finding of violations or warning conditions.
Said request for a hearing must be received by the village manager within
eight (8) days following the date such notice was personally delivered or
placed in the mail. If such a request for a hearing is not received within
that time period, the code official's determination shall become final.
e. An explanation that all violations and warning conditions must be
corrected within the compliance time period, or fees, charges, and liens,
as described in section 23.1817 of this article, may result, and the license
will be subject to suspension, revocation and nonrenewal.
9. The effective date of a notice of violation shall be the date personally
served or when placed in the mail. Once a notice of violation has been
served, the owner shall be responsible for all enforcement fees associated
with the property until the violations are corrected.
10. The director shall monitor compliance with the notice of violation through
periodic tracking and inspection of the repair status. Once a notice of
violation has been sent, the owner shall be responsible for all enforcement
fees associated with the property.
11. A licensing reinspection will be conducted at the request of the owner(s).
12. If during a licensing inspection or reinspection any dwelling unit is
determined to be unfit for human occupancy pursuant to the village's property
maintenance code, an additional twenty percent (20%) of the dwelling units in
the subject multi-family rental 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 inspection fees per unit as set forth in appendix
A, division II of this code.
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13. If, during any licensing period the village finds no violations or only
warning conditions, then, except as provided below, subsequent inspections
shall be made according to the following incentive schedule:
a. An inspection group with twelve (12) or fewer units shall have individual
dwelling unit inspections waived for the following license year.
b. An inspection group with thirteen (13) to nineteen (19) units shall have
only one 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.
If, while the incentive schedule is in effect, violations other than warning
conditions are discovered, then the incentive schedule shall be terminated
and the regular schedule shall immediately be reinstated. The incentive
schedule shall remain in effect so long as only minor 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.
14. The village inspector shall, prior to entering an occupied apartment, give
the property agent 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 owner or tenant.
The inspector, while performing the duties of his/her office, will otherwise fully
consider the privacy and dignity of the owner and tenant, 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 tenant 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 inspection at a time reasonably convenient to the tenant.
SECTION 6: A new Section 23.1817, "Enforcement Fees", shall be inserted in
Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village
Code, the remaining Sections to be renumbered numerically, to be and read as follows:
23.1817 ENFORCEMENT FEES:
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A. In order to defray the costs of enforcement of this article through inspections,
fees shall be imposed for properties, which are found not to be in compliance
with all applicable regulations.
B. The village shall charge a monthly enforcement fee for each property that
meets the following conditions:
1. The property is subject to a notice of violation pursuant to section 23.1816
of this article;
2. The compliance time period has expired; and
3. The violations cited in the initial notice of violation or any subsequent
notice of violation have not been corrected.
C. The monthly enforcement fee shall be an amount as set forth in appendix A,
division II of this code.
D. Whenever the owner believes that all violations listed in the first or any
subsequent notice of violation have been corrected, the owner shall notify the
director. Upon receipt of the notice, the director shall promptly schedule an
inspection of the property and notify the owner if any violations remain
uncorrected.
E. Once monthly enforcement fees begin, they shall continue to be assessed
until all violations listed in the first or any subsequent notice of violation have
been corrected.
F. When a property becomes subject to enforcement fees, the director shall file a
statement with the finance director that identifies the property, the amount of
the monthly fee, and the date on which the fees shall begin. The finance
director shall then:
1. Notify the property owner of the assessment of enforcement fees and the
reason for those fees;
2. Bill the property owner monthly for the full amount of enforcement fees
owing;
3. Upon the owner's failure to pay the enforcement fees within the designated
period, record a lien against the property with the recorder of deeds of Cook
County; and
4. Maintain lien records as required by law, but in any event at least until:
a. The lien and all associated interest, penalties and costs are paid in full;
and
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b. The director certifies that all violations listed in the original or any
subsequent notice of violation have been corrected.
G. Each person who has an interest in the property on or after the effective date
of a notice of violation shall be personally liable for fees imposed pursuant to
this section, including all interest, civil penalties and other charges.
SECTION 7: A new Section 23.1818, "Exceptions to Enforcement Fees", shall
be inserted in Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23
of the Village Code, the remaining Sections to be renumbered numerically, to be and
read as follows:
23.1818: EXCEPTIONS TO ENFORCEMENT FEES:
A. If after October 1 of any year, only exterior paint, roofing, exterior concrete
and masonry-related violations remain, the director may, at the written
request of the owner, temporarily suspend the assessment of enforcement
fees until the following May 1, subject to the owner's timely completion of
emergency repairs to a roof that are necessary to prevent water damage to
the interior.
1. If the owner fails to correct violations within the period of suspension, the
full value of all suspended fees shall be reinstated as a charge against the
owner.
2. If the owner fails to make needed temporary or emergency roof repairs to
prevent interior water damage, the director may revoke any fee suspension,
and immediately charge the full value of all suspended fees.
B. Notwithstanding any other provision in this section, and provided that no other
fees, penalties, or costs have been reduced or waived for participation in any
training, program or certification provided under Section 23.1814, Crime Free
Housing, of this chapter, the enforcement fee may be waived for an owner, on a
one time basis only, during that owner's ownership of that rental structure or
property, which is licensed pursuant to Chapter 23, Article 18 of the Village Code
under the following circumstances:
1. If the owner's total accrued enforcement fee is less than the amount set
forth in appendix A, division II of this code, such fee may be waived if the
owner attends and completes the crime-free housing seminar offered by the
village, including the payment of the registration fee.
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2. If the owner's total accrued enforcement fee is within the amounts set forth
in appendix A, division II of this code, such fee may be waived if the owner:
a. Attends and completes the crime-free housing seminar as offered by
the village, including the payment of the registration fee; and
b. Obtains a security certificate from the village.
3. If the owner's total accrued enforcement fees are in excess of the amount
set forth in appendix A, division II of this code, then up to that amount may be
waived under the same conditions prescribed in subsection B2 of this section,
provided that the total accrued enforcement fees in excess of that amount is
paid upon application of the owner for the waiver.
SECTION 8: The text of Section 23.1817 (renumbered 23.1819), "Notification of
Violations; Correction, Appeal and Re-Inspection", in Article XVIII, Residential Landlord
and Tenant Regulations, of Chapter 23 of the Village Code shall be deleted and the
following inserted in its place:
23.1819 NOTIFICATION OF VIOLATIONS; CORRECTION, APPEAL AND RE-
INSPECTION
Whenever any violation or warning condition is found in any inspection group,
the owner or property agent shall be notified of those findings and of the right to
appeal such a finding by filing a request for hearing, which must be received by
the village manager within eight (8) days following the date such notice was
personally delivered or placed in the mail. In the event that the property is not in
full compliance upon the expiration of a compliance time period, the owner shall
be subject to the penalties set forth in section 23.1823 of this article.
SECTION 9: Section 23.1821 (renumbered 23.1823) shall be amended by
inserting a new Subsection C, to be and read as follows:
C. The failure to pay enforcement fees may result in a lien upon the real
property or such other remedies as may be available by law, including the denial
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of the issuance or renewal of licenses or permits pursuant to section 23.1821 of
this article. The lien shall be subject to the following:
1. The director shall file a notice of lien in the office of the Cook County recorder
of deeds within two (2) years after such fees are billed;
2. The lien shall be superior to all subsequent liens and encumbrances;
3. Upon payment of the fees and costs of lien by the owner or responsible party
after notice of lien has been filed, the village shall release the lien; and
4. The lien may be enforced by proceedings to foreclose, as in case of
mortgages or mechanic's liens.
SECTION 10: Section 23.607, "Enforcement Fees", and Section 23.608,
"Exceptions to Enforcement Fees", of Appendix A, Division II, Fees, Rates and Taxes,
of the Village Code shall be deleted in their entirety.
SECTION 11: Appendix A, Division II, Fees, Rates and Taxes, of the Village
Code shall be amended by inserting the following numerically:
Section 23.1817: Enforcement Fees:
C. Monthly enforcement fees:
Properties with 1 to 4 dwelling units that are not in compliance within a particular
complex: $100.00.
Properties with 5 to 20 dwelling units that are not in compliance within a
particular complex: $200.00.
Properties with more than 20 dwelling units that are not in compliance within a
particular complex: $300.00.
Section 23.1818: EXCEPTIONS TO ENFORCEMENT FEES:
B. 1. Fee: $600.00.
2. Fee: $600 - $1,500.00.
3. Fee: $1,500.00.
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SECTION 12: That all ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 13: That 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: Hoefert, Matuszak, Polit, Zadel
NAYS: None
ABSENT: Juracek, Korn
PASSED and APPROVED this 16th day of June, 2009.
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Irvcfna K. Wilks
Mayor
A TTES~ / , . . ... /If
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M. Lisa Angell j
Village Clerk
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