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HomeMy WebLinkAboutOrd 5807 08/03/2010 ORDINANCE NO. 5807 AN ORDINANCE AMENDING CHAPTERS 8, 10, AND 23 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING HEARINGS, NOTICES AND PENALTIES RELATED TO LICENSES, LANDLORD- TENANT AND ADMINISTRATIVE ADJUDICATION Passed and approved by the President and Board of Trustees the 3 rd day of August, 2010 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 4 th day of August, 2010 ORDINANCE NO. 5807 AN ORDINANCE AMENDING CHAPTERS 8, 10, AND 23 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING HEARINGS, NOTICES AND PENALTIES RELATED TO LICENSES, LANDLORD- TENANT AND ADMINISTRATIVE ADJUDICATION BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Subsection C of Section 8.2112, "Enforcement Of Administrative Law Judge's Order" of Article XXI, Administrative Adjudication System, of Chapter 8 of the Mount Prospect Village Code shall be amended by deleting the phrase "respondent's property" and replacing it with the phrase "real estate or personal estate ", to be and read as follows: C. Any fine, penalty, and /or cost remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the Village. Failure of the respondent to pay such fine or penalty within fourteen (14) days of the notice may result in a lien against the respondent's real estate or personal estate (and foreclosure of such a lien) or such other remedies as may be available by law, including the denial of the issuance or renewal of licenses or permits pursuant to sSection 10.302 of this code. SECTION 2: Subsection A of Section 8.2202, "Failure to Satisfy Obligation" of Article XXII, Administrative Judgments, of Chapter 8 of the Mount Prospect Village Code shall be amended by deleting the phrase "or 21" and replacing it with "21 or 23" to be and read as follows: A. Decline to issue or renew any license, permit, zoning variance or other permission or consideration requested and /or applied for by respondent under Chapter 7, 9, 10, 11, 12, 13, 14, 21, or 23 of this code or any other applicable Village Code until respondent satisfies such obligation; and /or SECTION 3: Section 10.402, "Notice of Action against Licensee; Procedure for Hearing ", of Article IV, Revocation or Denial, of Chapter 10 of the Mount Prospect Village Code shall be amended, as follows: A. The second paragraph in Subsection A shall be amended by deleting the phrase "eight (8)" and replacing it with the phrase "ten (10) ", inserting the phrase "or her" after the word "his ", and inserting the phrase "or license holder" after the word "applicant" as it appears the second time, to be and read as follows: 10.402: NOTICE OF ACTION AGAINST LICENSEE; PROCEDURE FOR HEARING: A. Notification: The applicant or licensee shall be notified of a determination to revoke or refuse issuance or renewal of a license by the Village Manager. This notice shall 244844_5 1 inform the applicant of the right to request a hearing before the Village Manager regarding the proposed action. Additionally, the notice shall contain the reasons for the revocation, suspension or refusal to issue or renew. Such notice shall be personally served or mailed, postage prepaid, to the applicant or license holder, as the case may be, at his or her last known address and shall provide such applicant or license holder with the right to request a hearing before the Village Manager within ten (10) days following the date such notice was personally delivered or placed in the mail. If no such request for a hearing is received, the Village Manager's determination shall become final. B. Subsection B shall be amended by deleting the phrase "twenty -one (21)" and replacing it with the phrase "thirty (30) ", to be and read as follows: B. Setting Of Hearing: The Village Manager shall set a place and date for the hearing and shall notify the applicant or license holder of said place and date of said hearing. The initial date for hearing shall be no more than thirty (30) days after the written request for a hearing is made. C. The other Subsections of Section 10.402 shall remain. SECTION 4: Section 23.1803, "Definitions ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended as follows: A. The definition of "Conditional License" shall be deleted in its entirety and replaced with the following: CONDITIONAL LICENSE: A temporary residential operator's license issued to permit the rental of a rental unit or structure where: 1. A violation or violations of applicable regulations exist; 2. Outstanding fees remain unpaid to the Village; 3. Outstanding judgments remain unsatisfied; or 4. A landlord is permitted to rent a rental unit or structure prior to attendance by the landlord, or a designated agent, at the required crime free housing seminar. B. The following definitions shall be inserted alphabetically: ENFORCEMENT FEES: Fees required pursuant to Section 23.1817 of this Article. JUDGMENT: An order entered by the Administrative Law Judge pursuant to Article XXI of Chapter 8 of the Village Code or a court of competent jurisdiction, awarding fines, fees, costs and /or damages to the Village for violations of the Village Code or state or federal law, in any way related to certain property. OUTSTANDING FEES: Enforcement fees that remains unpaid to the Village. OUTSTANDING JUDGMENT: Judgments that remain unsatisfied after judicial review proceedings have been exhausted or the time to request such review has expired. 244844_5 2 SECTION 5: Subsection D(1) of Section 23.1804, "Rental Agreements ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended by inserting the phrase "the landlord shall notify the tenant in writing not less than sixty (60) days prior to the termination date ", after the word "renewed ", Subsection D(2) to remain, to be and read as follows: D. Notice Of Non - renewal Of Rental Agreement: 1. If the rental agreement will not be renewed, the landlord shall notify the tenant in writing not less than sixty (60) days prior to the termination date, or if a month to month tenancy will be terminated, the landlord shall notify the tenant in writing not less than thirty (30) days prior to the termination date. In no event shall the tenant remain on the premises more than thirty (30) days after such notice or the end of the lease term, whichever occurs last. SECTION 6: Section 23.1812, "Civil Action By Village To Enforce Compliance ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended by deleting the word "suspended" in the first sentence and replacing it with the phrase "revoked, suspended or denied renewal, or if the landlord is operating without a license ", and deleting the phrase "damages as hereinbefore provided" at the end of the first sentence and replacing it with the phrase "applicable fines, fees, and costs" to be and read as follows: 23.1812: CIVIL ACTION BY VILLAGE TO ENFORCE COMPLIANCE: Whenever the Village Manager or his designee has reasonable cause to believe that any landlord or tenant is engaged in a pattern or practice of violating the provisions of this article, or the landlord's operating license has been revoked, suspended or denied renewal, or the landlord is operating without a license, the Village, in addition to all other remedies provided herein, may bring a civil action by filing a complaint signed by the Village Manager, setting forth the facts pertaining to such cause and shall have a right to one or more of the following: a permanent or temporary injunction, restraining order, the appointment of a receiver, and applicable fines, fees, and costs. Such relief may be obtained against the landlord or tenant responsible and shall be as is necessary to ensure compliance with the provisions of this article and the full enjoyment of the rights herein established. Before filing a complaint in court with respect to a violation of this article, the Village Manager shall notify the offending tenant, landlord, operating licensee or other party designated to receive notices and service of process on behalf of such landlord or licensee requesting compliance. SECTION 7: Section 23.1816, "Inspections By Village ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended as follows: A. Subsection A(1) shall be amended by inserting the phrase "or outstanding fees or judgments exist" at the end of the second sentence, to be and read as follows: 23.1816: INSPECTIONS BY VILLAGE: A. Inspection Requirements; License Issuance Or Denial: 2448445 3 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 structure or a unit within the structure has been inspected and is not in compliance with applicable regulations or outstanding fees or judgments exist. In such a case, the licensee may apply for a conditional license. B. Subsection A(2) shall be amended by deleting the phrase "independent probable cause" in the second sentence and replacing it with the phrase "there is reasonable suspicion that a violation ", to be and read as follows: 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 there is reasonable suspicion that a violation exists to make such an inspection. 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. C. Subsection A(3) shall be deleted in its entirety and replaced with the following: 3. An owner may elect to have inspections conducted on an "as vacant" basis, in which case the village must be given two (2) weeks advance notice to schedule an inspection before a vacant unit is to be re- occupied. 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 discontinued until the director is satisfied that all units are in compliance. D. Subsection A(4) shall be deleted in its entirety and the following inserted in its place: 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 of the date and time of the inspection on a form provided by the Village, by personal service or 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. Such notices shall inform the owner and occupant, respectively, 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, in which case service and posting requirements need not comply with the requirements of this Subsection A4. SECTION 8: Section 23.1820, "Notice of Failure to License ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be deleted in its entirety, the remaining Sections to be re- numbered numerically. 244844_5 4 SECTION 9: Section 23.1821 (re- numbered Section 23.1820), "Revocation or Denial of License ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be deleted in its entirety and the following inserted in its place: 23.1820: REVOCATION OR DENIAL OF LICENSE; OPERATION WITHOUT A LICENSE A. Whenever the Director of Community Development finds that conditions or practices remain in the rental structure or any unit within the rental structure in violation of any applicable regulations, or there are outstanding fees or judgments, the Director shall serve the landlord or residential operator with a Notice of Violation, which shall state the violation(s) and provide a list of outstanding fees or judgments. Said notice shall state that unless all such violations are corrected and outstanding fees or judgments satisfied within a reasonable time, of not less than five (5) days nor more than thirty (30) days from the date of the notice, the operator's license will be revoked or denied, as applicable. In the case of a renewal, the notice shall state that issuance of the license will be denied. B. Upon expiration of the time allowed to correct any violation and/or satisfy any outstanding fees or judgments, the Village shall re- inspect the rental structure and determine if any violations, outstanding fees or judgments remain. If the violations have not been corrected or outstanding fees or judgments remain, the Director of Community Development shall provide notice to the landlord or residential operator of a determination to revoke or deny issuance or renewal of the operator's license. Said notice shall inform the landlord or operator of the right to request a hearing regarding the proposed action, as described in Subsection C below. C. Any person, whose license to operate a rental structure is subject to revocation or denial, shall be entitled to a hearing on that revocation or denial action before an Administrative Law Judge pursuant to Article XXI of Chapter 8 of the Village Code by filing a written request for a hearing with the Office of Administrative Hearings within ten (10) days following the date such notice was personally delivered or placed in the mail. If such a request for a hearing is received, the Administrative Hearings Supervisor shall assign a hearing date no later than thirty (30) days after the date the request is received, sending notice of the hearing place and date to the appellant. Upon completion of the hearing, the Administrative Law Judge may either: 1. Affirm the revocation or denial; or 2. Stay the revocation and allow additional compliance time; or 3. Deny the revocation of the license; or 4. Order issuance of the license. 5. In considering outstanding judgments, the Administrative Law Judge may take judicial notice of the judgment as ordered. The scope of review of such judgment 2448445 5 shall be limited to whether the obligation has been satisfied and whether the respondent is the actual person against whom the judgment was issued. Lack of liability or guilt in relation to the underlying obligation shall not be a defense. 6. Any order revoking or denying the issuance of a license shall be final for purposes of judicial review under the administrative review law of Illinois. D. If a timely request for a hearing is not filed, then the notice of revocation or denial order shall become a final order for purposes of judicial review upon the expiration of the time for requesting such review, and the notice requirement set forth in Subsection G of this section shall apply. E. In the event a residential operator's license is revoked or denied, or the rental structure is being operated without a license, then: 1. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within the rental structure; and 2. The Village shall have the right to proceed under Section 23.1812 of this article. F. A license which has been revoked or denied shall not be re- instated. The landlord may, however, obtain a new license after all violations have been corrected by following the procedures for obtaining a new license as set forth in this article. G. Whenever a license is revoked or denied, or the rental structure is being operated without a license, the Director of Community Development shall send a notice to the landlord, residential operator or the listed property agent at the last address provided on the most recent license application, or to the landlord or taxpayer of record if no application is available. The notice shall be sent by regular U.S. mail or served personally. The code official shall also notify the landlord and all tenants of the rental structure by posting a notice on all entrances to the rental residential structure, containing the name and address of the owner, address and /or name of the multi- family residential structure, and the following statement: You are hereby notified that the license for this structure has been revoked or denied, or the rental structure is operating without a license. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building. H. In the event that any notice posted in accordance with Subsection G of this section is removed without the approval of the code official, the code official may post a notice on the property, a minimum of thirty inches by thirty inches (30" x 30 ") in size, having letters a minimum of two inches (2 ") high, containing the name and address of owner, address and /or name of the multi- family residential structure, and the statement set forth in Subsection G of this section. 244844_5 6 I. Removal of the notices required in subsections G and H by any person other than a code official is prohibited and shall be subject to a fine in the amount set forth in appendix A, division III of this code. J. The license shall remain in effect during the pendency of a hearing before the Administrative Law Judge under this section. K. The hearing process set forth in this section shall apply to the revocation and denial of residential rental operator's licenses, not Article IV of Chapter 10 of the Village Code, which provides a hearing process for the revocation or denial of a license. SECTION 10: Subsection C of Section 23.1823 (renumbered Section 23.1822), "Penalties ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Mount Prospect Village Code shall be amended by deleting the phrase "enforcement fees" and inserting in its place the phrase "outstanding fees or judgments ", Subsections C(1), C(2) and C(3) to remain, to be and read as follows: 23.1822: PENALTIES: C. The failure to pay outstanding fees or judgments may result in a lien upon the real property or such other remedies as may be available by law, including the denial of the issuance or renewal of licenses or permits pursuant to section 23.1820 of this article. The lien shall be subject to the following: SECTION 11: Division III, Penalties, of Appendix A of the Mount Prospect Village Code shall be amended by re- numbering Section 23.1823: Penalties (Landlord /Tenant), to Section 23.1822: Penalties (Landlord /Tenant). SECTION 12: 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: Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: Hoefert PASSED and APPROVED this 3` day of August, 2010. , � 244844_5 7