HomeMy WebLinkAbout4. Crime Free Housing 12/13/2011KLEIN, THORPE & JENKINS, LTD.
Attorneys at Law
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MEMORANDUM
TO: Michael E. Janonis
Mount Prospect Village Manager
FROM: George A. Wagner
DATE: December 8, 2011
15010 S. Ravi nia Avenue, Ste 10
Orland Park, Illinois 60462 -5353
T 708 349 3888 F 708 349 1506
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RE: Revisions to Article XVIII, Residential Landlord and Tenant Regulations,
Chapter 23 of the Village Code
Staff requested that I draft an ordinance to revise the residential landlord and tenant
regulations found in Article XVIII of Chapter 23 of the Village Code. The proposed
changes address both crime free housing and landlord- tenant regulations, as they are
interrelated and addressed in Article XVIII.
Background
A brief review of the landlord- tenant regulations and crime free housing program is
necessary to understand the proposed changes. The general landlord- tenant
regulations require, among other things, that a landlord obtain a residential rental
operator's license and enter into a written lease with its tenants. These requirements
are the basis of the crime free housing program, which is intended to assist landlords in
maintaining quality tenants for the benefit of the tenant and the landlord.
The crime free housing program requires, among other things, that the lease must
include a crime free housing lease addendum, by which the tenant agrees that the
landlord may evict the tenant based upon the occurrence, on or about the rental unit or
a multi - family rental structure, of certain criminal or ordinance offenses, defined as
public nuisances", by the tenant, a member of the tenant's household, a guest or a
person under the tenant's control. The program also creates a process by which the
police chief can give notice of such nuisances to the landlord, and require the landlord
to take appropriate action to prevent future nuisances. The failure of a landlord to take
such action after three (3) public nuisances have occurred on or about a rental unit, or
six (6) public nuisances have occurred on or about a multi - family residence in a one
year period, can result in the revocation of the landlord's operator's license, which, in
turn, would prohibit the landlord from entering into or renewing leases, and requires the
posting of the property to that effect, along with additional remedies.
278627_1
The following is a summary of the proposed changes to Article XVIII, Residential
Landlord and Tenant Regulations:
Il. Crime Free Housing
The proposed crime free housing changes are as follows:
1) Statement of Purpose and Policy A statement of purpose and policy has been
added to the introductory Section 23.1801 to explain the purpose of the crime
free housing regulations, and to affirmatively state the Board's policy that the
repeated commission of criminal offenses and violations of the Village Code by
tenants, members of a tenant's household, tenant's guests and any person under
tenant's control, annoys and injures the health, safety and welfare of the Village's
citizens. Crime free housing provisions were added to Article XVIII, which initially
dealt solely with landlord- tenant regulations, and the legislative purpose was not
revised to address crime free housing.
2) Location of the Public Nuisance Under the present ordinance, the notice and
revocation proceedings, as well as the lease addendum, are based upon a public
nuisance that occurs " or about the rental unit or multi - family structure. The
proposal is for a public nuisance to include defined offenses that occur anywhere
" within the Village ". In other words, a public nuisance by a tenant, a member of
the tenant's household, a guest or a person under the tenant's control, that
occurs anywhere within the Village could result in eviction by a landlord, as well
as notice of a public nuisance to the landlord, and be counted in regard to
revocation of the residential rental operator's license. (Sections 23.1803;
23.1813; 23.1814)
3) Number of Public Nuisances The present ordinance limits notice and revocation
proceedings to three (3) public nuisances occurring on or about a rental unit.
The proposal is to limit public nuisances by the tenant, a member of the tenant's
household, a guest or a person under the tenant's control, that occur anywhere
within the Village, to two (2), if any one (1) of those public nuisances was a
felony. This provision applies only to the rental unit, not the multi - family
residential structure. (Sections 23.1803; 23.1813)
4) Felony Offenses the term "felony" is defined, included in the definition of public
nuisance and chronic public nuisance, and added to the crime free lease
addendum. (Sections 23.1803; 23.1814)
5) Other changes The effective date of the revised lease provision is left blank and
should be inserted upon approval of the ordinance. (Section 23.1814)
278627_1
III. Landlord- Tenant Regulations
There are several housekeeping matters for the landlord- tenant regulations:
1) The definitions of "property manager" and "responsible party" are added. (Section
23.1803)
2) Penalty provisions were overlapping and are being combined. (Sections 23.1812
and 23.1822)
3) Terms and phrases, such as, "owner" and "manager ", have been used to replace
"agent ", "property agent" and "residential operator ", and other changes were
made for consistency or clarification. (Sections 23.1806, 23.1815, 23.1816,
23.1819, 23.1820)
There are several substantive changes
1) The owner and property manager are required to provide contact information to
the tenant and the property manager's liability is limited only under the rental
agreement for events occurring after termination of management. The limitation
previously applied to all of Article XVIII. (Section 23.1806)
2) An applicant for a rental operator's license is required to provide legal name and
address, and the licensing period was corrected. (Section 23.1815)
3) Service for notice of violation is clarified. (Section 23.1820)
4) The Village's Administrative Adjudication System is made available for
enforcement of this Article and a violation now includes a landlord- tenant
violation. (Section 23.1821)
5) The Village may seek an injunction, restraining order, or other legal or equitable
remedies. (Section 23.1822)
If you have any questions, please contact me.
c: Dave Strahl, Assistant Village Manager
Lisa Angell, Village Clerk
John Dahlberg, Police Chief
Bill Cooney, Director of Community Development
Bob Roels, Environmental Health Manager
Mike Semkiu, Deputy Police Chief
Everette M. Hill, Jr., Village Attorney
278627_1
MOUNT PROSPECT POLICE DEPARTMENT
FORMAL MEMORANDUM I CHF 11 -98
CONTROL NUMBER
TO: MICHAEL JANONIS, VILLAGE MANAGER'��`
SUBJECT: AMENDMENT TO CHAPTER 23 OF THE VILLA6 PERTAINING
TO CHRONIC NUISANCES AND CRIME FREE HOUSING
DATE: DECEMBER 6, 2011
The Village's Crime Free Ordinance was adopted in March of 2007. Since that time,
over 1,100 properties and nearly 6,000 units have been certified in Phase One of the
Crime Free Program, a requirement of the ordinance. The Crime Free Ordinance, as
written and administered, has provided a positive impact on the quality of life within the
Village. Although the ordinance has proven to adequately meet the needs of the
Village, recent events involving chronic problem tenants have necessitated a review of
the ordinance as a means to strengthen the program to better serve the residents of
Mount Prospect.
Currently, in order for a leased premise to become a "chronic public nuisance," a public
nuisance (as defined in the ordinance) must occur at, on, or in the leased premises.
Nuisances committed by a specific tenant within the Village of Mount Prospect, but not,
in, at or on, the property, are not to be counted against the leased premises.
During the course of the past three (3) years, there have been several serious criminal
acts committed in Mount Prospect by tenants of leased property within the Village.
Many of these serious crimes were felony crimes. These serious criminal acts included:
• prostitution
• burglary
• felony theft
• aggravated battery
• felony criminal defacement to property
• sex offenses
Under the current ordinance, if one of these criminal acts occur within the Village of
Mount prospect, BUT NOT ON OR IN the leased property, it is not considered
associated with that "leased premises" and therefore not to be counted as one of three
(or six in the case of a multi -unit) nuisances required to establish the premises as a
"chronic nuisance property ".
Page 1 of 2
MOUNT PROSPECT POLICE DEPARTMENT I CHF 11 -98
FORMAL MEMORANDUM
CONTROL NUMBER
It is my belief that the felony criminal activity has a significantly greater impact on the
quality of life in the Village and therefore the number of nuisance occurrences needed to
define a property as a "chronic public nuisance" should be reduced to two (2)
occurrences when one of the nuisances is equivalent to a felony criminal charge as
delineated by the Illinois Criminal Code.
It is staff's recommendation to amend those sections of Chapter 23 of the Village Code
to reflect the following:
Section 23.1803.A
A chronic public nuisance property will be defined as any rental unit,
whose tenant(s), any member of the tenant's household, Tenant's
guest(s), and any person under Tenant's control, commit any two 2 or
more public nuisances, one of which constitutes a felony offense, within
the Village of Mount Prospect within any one year period, or any three (3)
or more public nuisances within the Village of Mount Prospect within any
one year period, and any multi - family rental structure whose tenant(s), any
member of the tenant's household, tenant's guest(s), and any person
under tenant's control, commit any six (6) or more public nuisances within
the Village of Mount Prospect within any one year period.
Section 23.1803.13
• Felony Offenses as defined by the Illinois Criminal Code of 1961,
specifically 720 ILCS 5/1 -1, as public nuisances.
Section 23.1813.13.
• For purposes of this section, a public nuisance activity may occur
anywhere within the Village of Mount Prospect. Nuisance activity will not
be specifically confined to, at, on or in the leased property.
Section 23.1814.G.
The Crime Free Lease Addendum which is required as part of ALL lease
agreements will be amended to reflect aforementioned changes.
These proposed amendments in collaboration with those amendments requested by the
Community Development Department will ensure that the Crime Free Housing
Ordinance continues to be a robust tool to positively impact the quality of life for the
residents of Mount Prospect.
C: Deputy Chief Semkiu
Deputy Chief Janowick
Crime Free Housing Officer Lyons
Page 2 of 2
Village of Mount Prospect
Community Development Department
MEMORANDUM
1 ?�
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ENVIRONMENTAL HEALTH MANAGER
DATE: DECEMBER 6, 2011
SUBJECT: RESIDENTIAL LANDLORD AND TENANT REGULATIONS UPDATES
Environmental Health staff reviewed the Residential Landlord and Tenant Regulations concurrently with the
Police Department revisions. Staff - recommended changes to the Article are a matter of housekeeping and to
address the new challenges of rental dwelling properties in foreclosure and management shirking responsibility
for absentee landlords. In addition, Assistant Village Attorney George Wagner modified the language throughout
the article to be consistent and current. The following are explanations of the changes in each section of the
proposed ordinance.
Section 1
• "Purpose and Declaration" updated to include Crime Free Housing.
Section 2
• Definitions revised per Police Department request.
• Definition of "Responsible Party" clarified to ensure all parties responsible for compliance are
accountable.
Section 3
• Landlord disclosure requirements were expanded to clearly require owner and property manager to
provide address and contact information to the tenant.
• Amend language that could relieve property manager of responsibility.
Section 4
• 23.1812 "Civil Action by Village to Enforce Compliance" deleted as it duplicates and may conflict with
23.1822 "Penalties ".
Sections 5 and 6
• Revised per Police Department request.
Section 7
• Require application to have legal name and address.
• Correct dates to match current license period.
• Remove "agent" for consistent language throughout the article.
Sections 8 and 9
• Replace "agent: with "manager" for consistent language throughout the article.
Section 10
• Replace "residential operator" and "property agent" with "owner" or "manager" for consistent language
throughout the article.
Section 11
• Amend language so service provisions of violations are consistent with Adjudication service provisions,
and remove potentially conflicting language relieving property agent of responsibility.
RESIDENTIAL LANDLORD AND TENANT REGULATIONS UPDATES
December 6, 2011
Page 2
The changes recommended by Community Development are to make the language consistent throughout the
document for all responsible parties, and remove any language that may exempt a manager or agent as a
responsible agent. In addition, the Village Attorney has updated the language of the article so it is consistent and
current.
I concur,
' ��
William J Cooney, Jr., CP
Director of Community evelopment
Assistant Village Manager David Strahl
Community Development Director William J. Cooney, Jr., AICP
Crime Free Housing Coordinator Pat Lyons
I:"
H:\ENVH \Village Board\LL_Tenant Article Update \LL_Tenant Article Update.doc
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING LANDLORD- TENANT
OBLIGATIONS. CHRONIC PUBLIC NUISANCES AND CRIME FREE HOUSING
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: The text of Section 23.1801, "Purpose and Declaration of Policy ", of Article
XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be
deleted in its entirety and replaced with the following:
23.1801: PURPOSE AND DECLARATION OF POLICY:
It is the purpose of this article and the policy of the Village, in order to protect and
promote the public health, safety and welfare of its citizens, to establish rights and
obligations of the landlord and the tenant in the rental of dwelling units in the village
and to encourage the landlord and the tenant to maintain and improve the quality of
rental housing within the community.
It is also the purpose of this article and the policy of the Village to protect, preserve,
and promote the health, safety and welfare of its citizens through the reduction,
control, and prevention of criminal and nuisance activities. In that regard, the village
board finds that the repeated commission of criminal offenses and violations of the
Mount Prospect Village Code within the village by tenants, members of a tenant's
household, tenant's guest(s) and any person under tenant's control substantially
annoys and injures the health, safety and welfare of its citizens.
This article shall be liberally construed and applied to promote its purposes and
policies.
SECTION 2: Section 23.1803, "Definitions ", of Article XVIII, Residential Landlord and
Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows:
A. The definition of Chronic Public Nuisance Property shall be deleted and replaced with the
following:
CHRONIC PUBLIC NUISANCE PROPERTY: Any rental unit, whose tenant(s),
any member of the tenant's household, tenant's guest(s), and any person under tenant's
control, commit any two (2) or more public nuisances, one of which constitutes a
felony offense, within the Village of Mount Prospect within any one year period, or
any three (3) or more public nuisances within the Village of Mount Prospect within
any one year period, and any multi - family rental structure whose tenant(s), any
member of the tenant's household, tenant's guest(s), and any person under tenant's
control, commit any six (6) or more public nuisances within the Village of Mount
Prospect within any one year period.
2786592 1
B. The following definitions shall be inserted alphabetically:
FELONY OFFENSE: Any offense that constitutes a felony under the Criminal Code
of 1961, 720 ILCS 511 -1 et seq., including, but not limited to, those described as a
public nuisance in this Section.
PROPERTY MANAGER: Any person, agent, firm or corporation authorized to
manage the premises.
RESPONSIBLE PARTY: Includes landlords, landlords' designated agents,
residential operators licensees, and property managers.
C. The definition of Public Nuisance shall be amended by inserting a new subsection O, the
remaining subsections to be renumbered alphabetically, to be and read as follows:
O. Any offense that constitutes a felony under the Criminal Code of 1961, 720
ILCS 511 -1 et seq., including, but not limited to, those set forth above.
SECTION 3: Section 23.1806, "Landlord Obligations ", of Article XVIII, Residential Landlord
and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows:
A. Subsection C, Disclosure, shall be amended as follows:
1. Sub - subsection 1 shall be deleted in its entirety and replaced with the following:
1. The landlord or any person authorized to enter into a rental agreement on
his/her behalf, shall disclose to the tenant in writing on or before the
commencement of the tenancy:
a. The name and address of the owner; and
b. The name, address and telephone number of the property manager, if any.
2. Sub - subsection (3) shall be amended by inserting the word "property" before the word
"manager" to be and read as follows:
3. The information required to be furnished by subsection C1 of this section
shall be kept current. Subsections C 1 and C2 of this section extend to and are
enforceable against any successor landlord or property manager.
B. Sub - subsection (2) of Subsection F, "Limitation on Liability ", shall be deleted in its
entirety and replaced with the following:
2. Unless otherwise agreed, the property manager is relieved of liability under the
rental agreement for events occurring after notice to the tenant of the termination
of its management.
SECTION 4: The text and title of Section 23.1812, "Civil Action by Village to Enforce
Compliance ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of
the Village Code, shall be deleted in its entirety and the title shall state "Intentionally Left
Blank ".
2786592 2
SECTION 5: Subsections B, C and D of Section 23.1813, "Chronic Public Nuisance ", of
Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code,
shall be deleted in their entirety and the following inserted in their place:
B. Preabatement Procedure: Whenever the chief of police, or his/her designee,
receives one police report of any law enforcement agency lawfully exercising
jurisdiction in the Village, which reports or describes public nuisance activity within
the Village within the same one year period by a tenant(s), any member of the tenant's
household, tenant's guest(s), and any person under tenant's control, of the same rental
unit or the same multi - family residential structure, the chief of police, or his/her
designee, may take the following action:
1. Notify the landlord that the property may be in danger of becoming a chronic
public nuisance property. The notice shall contain the following information:
a. The street address or legal description sufficient for identification of the
dwelling unit and/or at a multi - family residential structure.
b. A statement that the chief of police has information that the property is in
danger of becoming a chronic public nuisance property with a concise
description of the public nuisance activities that may exist or that have
occurred. Said notice shall further state the following:
(1) Demand that corrective action be taken to ensure that a second or
subsequent public nuisance activity (in the event of a felony offense
related to the same rental unit) or a third or subsequent public nuisance
activity does not occur in regard to the same rental unit within that one
year period, or, in the case of a multi - family residential structure, to ensure
that a sixth or subsequent public nuisance activity does not occur within
that one year period;
(2) Explain that, in the event of a subsequent occurrence of a public
nuisance activity on that property, the chief of police may declare the
property a chronic public nuisance, such that the landlord's residential
operator's license shall be subject to suspension or revocation;
(3) Recommend that landlord enforce the crime free lease provision
through eviction or take such other reasonable corrective action as the
chief of police deems necessary; and
(4) Notify the landlord that it has the right to request a hearing before the
Village Manager to contest the determination of an occurrence of public
nuisance activity. 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 police chief s determination shall
become final.
278659_2 3
c. Said notice shall be served by regular U.S. mail or by personal service.
2. Whenever the chief of police, or his/her designee, receives subsequent police
reports of any law enforcement agency lawfully exercising jurisdiction in the
Village, which report or describe a second or subsequent public nuisance activity
in regard to the same rental unit or a second, third, fourth, or fifth or subsequent
public nuisance activity in regard to the same multi - family residential structure
within the same one year period, the chief of police, or his/her designee, shall
send a notice in the form set forth in subsection BI of this section. For purposes
of this section, it is not necessary that notices be sent for each public nuisance
activity that may occur, but that two (2) preabatement notices be sent in regard to
public nuisance activities at a rental unit, and five (5) preabatement notices be
sent in regard to such activities at a multi - family residential structure, prior to
commencement of the abatement proceedings set forth below. If the first or
second public nuisance activity in regard to the same rental unit is a felony
offense, a second preabatement notice is not required.
C. Abatement Procedure: If, after complying with the notification procedures
described in subsection B of this section, the chief of police receives a police report
documenting the occurrence of a second public nuisance activity, one of which public
nuisances is a felony offense, or a third or subsequent public nuisance activity in
regard to the same rental unit and/or receives a police report documenting the
occurrence of a sixth or subsequent public nuisance activity in regard to the same
multi - family residential structure within one year of the acts or conduct with respect
to which a notification was issued, and determines that the property has become a
chronic public nuisance property, the chief of police shall:
1. Notify the landlord of the rental unit and/or multi - family residential structure
that the property has been declared a chronic public nuisance property. The notice
shall contain the following information:
a. The street address or legal description sufficient for identification of the
property.
b. A statement that the chief of police has determined the property to be a
chronic public nuisance property with a concise description of the public
nuisance activities leading to that finding.
c. A statement that the chief of police has recommended to the Village
Manager to revoke or suspend the residential operator's license pursuant to
subsection 10.401 of this code.
d. Said notice shall be served by regular U.S. mail, or by personal service.
D. Burden Of Proof, Notice:
2786S92 4
1. In an action seeking abatement of a chronic public nuisance property by
revocation or suspension of the landlord's residential operator's license, the
Village shall have the initial burden of showing by a preponderance of the
evidence that the property is a chronic public nuisance property.
2. For purposes of showing that the property is a chronic public nuisance property
and that a public nuisance has occurred within the Village, the testimony of police
officers to recount witness statements shall be admissible, subject to the discretion
of the hearing officer.
3. The following are defenses to an action seeking suspension or revocation of a
residential operator's license:
a. That the landlord, at the time in question, could not, in the exercise of
reasonable care or diligence, determine that the property had become a
chronic public nuisance property, or could not, in spite of the exercise of
reasonable care and diligence, control the conduct leading to the findings that
the property is a chronic public nuisance property.
b. That the public nuisance activities occurring at a rental unit were not related
to the same tenant. Public nuisance activities at a rental unit are subject to
abatement under this section, if they occur while the rental unit is leased to the
same tenant.
4. The failure of any person to receive the notices in subsections B and C of this
section shall not invalidate or otherwise affect the proceedings under this section.
SECTION 6: Subsection A 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 as follows:
A. The last sentence of Subsection (A) shall be deleted, to be and read as follows:
A. A residential operator's license shall not be issued until the landlord, or
designated agent, has attended and successfully completed the crime free housing
seminar, sponsored by the Village of Mount Prospect.
B. Subsection G shall be amended as follows:
1. The phrase "February 1, 2007" in the first paragraph shall be deleted and
replaced with the phrase " ", to be and read as follows:
G. After , 2011, every lease, including lease extensions, shall
contain a crime free lease provision, the purpose of which is to make criminal
activity, not limited to violent or drug related criminal activity, engaged by,
facilitated by or permitted by the lessee, member of the household, guest or
other party under the control of the lessee, a lease violation, and to provide the
landlord with authority under that clause to initiate eviction proceedings
pursuant to state law. The crime free lease provision shall be in substantially
the following form:
2786592 5
2. The heading "Crime Free Housing Lease Provision - Prohibition against criminal
activity on premises." shall be amended by replacing the phrase "on premises" with
"within the Village of Mount Prospect ", to be and read as follows:
Crime Free Housing Lease Provision - Prohibition against criminal activity
within the Village of Mount Prospect.
3. Crime Free Housing Lease provision 1 shall be amended by deleting the phrase "on the
leased premises or on Lessor's property" and replacing it with the phrase "within the
Village of Mount Prospect ", to be and read as follows: \
1. The Tenant, any member of the tenant's household, Tenant's guest(s), and
any person under Tenant's control shall not engage in or facilitate criminal
activity within the Village of Mount Prospect, which includes the leased
premises, at
4. A new Crime Free Housing Lease subsection (xv) shall be inserted in Crime Free
Housing Lease provision 7, the remaining subsections to be renumbered numerically, to
be and read as follows:
(xv) Any offense that constitutes a felony under the Criminal Code of 1961,
720 ILCS 511 -1 et seq., including, but not limited to, those set forth above.
5. Crime Free Housing Lease subsection (newly renumbered) (xvii) shall be amended by
inserting the phrase "Mount Prospect" before the phrase "Village Code ", to be and read
as follows:
(xvii) Any offense defined and prohibited by Articles I through VIII of Chapter
23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village
Code.
SECTION 7: Subsection B, "License Application ", of Section 23.1815, License to Operate
Rental Structures, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23
of the Village Code, shall be amended as follows:
A. Subsection 1 shall be deleted in its entirety and replaced with the following:
1. Each applicant for a license to maintain a rental structure shall file a written
application with the code official stating:
a. The full legal name, address, and home and work telephone numbers of
each and every legal and beneficial owner.
b. The address of the rental structure.
c. The number of dwelling units within the structure.
d. In the case of an owner who has designated a property manager, the name,
address and phone number of the property manager.
B. Subsection 2 shall be deleted in its entirety and replaced with the following:
2. All licenses shall be due and payable on or before August 31, and the
respective licenses shall expire on August 31 next after the date of issue.
278659 2 6
C. Subsection 3 shall be amended by deleting the phrase "June 1" and replacing it with the
phrase "September 1 ", to be and read as follows:
3. Each license application shall be accompanied by a fee as set forth in appendix
A, division II of this code. If an application for a renewal of an existing license is
received after September 1, the fee shall be increased by fifty percent (50 %). If, at
the time of application for a license or renewal license, an applicant has been
certified as a residential operator for the new licensing period, the fee shall be
decreased by ten percent (10 %) as to any inspection group to which that
certification applies.
D. Subsection 4 shall be amended by deleting the term "agent" and replacing it with the term
"manager ", to be and read as follows:
4. Whenever there is a change in the ownership of a rental structure or a change in
the owner's property manager, the owners shall, within fifteen (15) days of such
change, file a written notice with the code official indicating such change.
SECTION 8: Sub - subsections 6, 8 (introductory paragraph only) and 14 of Subsection A,
"Inspection Requirements; License Issuance or Denial ", of Section 23.1816, Inspections by
Village, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the
Village Code, shall be amended by deleting the word "agent" and inserting the word "manager ",
to be and read as follows:
6. If any owner, property manager, 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.
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 serve notice of the
violations and/or warning conditions, and the compliance time period on the owner or
property manager personally or by regular U.S. mail at the address provided on the
most recent license application. The notice shall include the following: (a -e to
remain)
14. The Village inspector shall, prior to entering an occupied apartment, give the
property manager 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.
2786592 7
SECTION 9: Section 23.1819, "Notification of Violations; Correction, Appeal and
Reinspection ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of
the Village Code, shall be amended by deleting the word "agent" in the first sentence and
inserting the word "manager ", to be and read as follows:
Whenever any violation or warning condition is found in any inspection group, the
owner or property manager 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 23.1822 of this article.
SECTION 10: Section 23.1820, "Revocation or Denial of License; Operation Without a
License ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the
Village Code, shall be amended as follows:
A. Subsection A shall be amended by deleting the phrase "residential operator" in the first
sentence and inserting in its place the phrase "property manager ", and inserting the following
sentence at the end: "Notice under this paragraph shall be by personal service or mail. ", to
be and read as follows:
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 property manager 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. Notice
under this paragraph shall be by personal service or mail.
B. Subsection B shall be amended by deleting the phrases "residential operator" and
"operator ", replacing them with the phrase "property manager ", to be and read as follows:
B. Upon expiration of the time allowed to correct any violation and/or satisfy any
outstanding fees or judgments, the Village shall reinspect 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
property manager of a determination to revoke or deny issuance or renewal of the
operator's license. Said notice shall inform the landlord or property manager of
the right to request a hearing regarding the proposed action, as described in
subsection C of this section.
C. Subsection E(2) shall be amended by deleting the number "23.1812" and replacing it with
the number "23.1822 ", to be and read as follows:
2. The village shall have the right to proceed under section 23.1822 of this article.
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D. Subsection G shall be amended by deleting the phrase "residential operator or the listed
property agent" and replacing it with the phrase "owner or property manager ", and inserting
the phrase "property manager" after the word "landlord ", to be and read as follows;
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 or property manager at the last address provided on the most
recent license application, or to the landlord, property manager 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, property
manager 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.
SECTION 11: Section 23.1821, "Violations, Notice Of Court Proceeding, of Article XVIII,
Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted
in its entirety and replaced with the following:
Section 23.1821, Violations, Compliance Notice, Citations.
A. The following shall constitute violations of this article:
1. Violations of the landlord -tenant provisions in Sections 23.1804 through
23.1811 of this article.
2. Violations of the licensing requirements in subsection 23.1815 of this article.
3. Failure of the owners of the rental property to maintain the structure and
premises in compliance with applicable Village regulations.
4. Removal or defacement of any notice which has been posted pursuant to this
article.
B. Before filing a complaint in court with respect to a violation of this article, the
code official may deliver or mail a violation notice to the landlord or property
manager requesting compliance, or, in the event that a tenant or lessee has committed
a violation, such notice shall be personally delivered or mailed to the tenant or lessee.
C. The code official has authority to issue citations to any persons who violate the
provisions of this article. In the event that this article is enforced through the
administrative adjudication system, the provisions for service and notice contained in
chapter 8, article XXI of this code shall govern.
SECTION 12: Section 23.1822, "Penalties ", of Article XVIII, Residential Landlord and Tenant
Regulations, of Chapter 23 of the Village Code, shall be amended by inserting a new Subsection
B, the remaining Subsections to be relettered alphabetically, to be and read as follows;
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B. In addition to any fines, fees, or costs, the Village may seek a permanent or
temporary injunction, restraining order, the appointment of a receiver or such other
legal or equitable remedies as may be available.
SECTION 13: 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:
NAYS: _
ABSENT:
PASSED and APPROVED this day of , 2011.
Irvana K. Wilks, Village President
ATTEST:
Lisa Angell, Village Clerk
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