Go to Cole Home Maintenance home page

Local town ordinances relating to apartment buildings and restaurants

Bellwood Illinois Apartment Inspection and License

Chapter 124

Licensing of Multi-Family Dwellings and Single-Family dwelling Units for Rent

124.01  Purpose

It is hereby declared tht the purpose of this chapter is to protect, preserve, and promote the physical and mental health  and social well-being of the people, to prevent and control incident of communicable diseases, to regulate privately and  publicly owned-dwellings for the purposes of maintaining adequate sanitation and public health, and to protect the safety of  the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or  hereafter constructed.  It is hereby further declared that the purposes of this chapter is to insure that the quality of housing is  adequate for protection of public health, safety and general welfare, including:  establishment of minimum standards for basic  equipment and facilities for light, ventilation, and thermal conditions, for safety from fire and accidents, for the use and  location and amount of space for human occupancy, and for an adequate level of maintenance, determination of the  responsibilities of owners, operators and occupants of dwellings; and provision for the administration and enforcement thereof.     (Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03).

124.02  Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abandoned Vehicle:    All motor vehicles or other vehicles in a state of disrepair which renders the vehicle incapable of being driven in its
condition; or any motor vehicle that has not been moved or used for seven consecutive days or more and is apparently deserted.

Basement:  A portion of a building located partly underground, but having less than half its clear floor-to-ceiling height below the average
 grade of adjoining ground

Building:  Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.

Building Code:  All ordinance of the village affecting the construction of buildings and other structures including but not limited to the
 regulations contained in Chapter 150 of this code.

Building Official:  Chief Inspector of the Bureau of Fire Prevention of the village

Cellar    A portion of a building located partly or wholly underground and having half or more than half its clear floor-to-ceiling height below
 the average grade of the adjoining ground.

Code:  The Municipal Code of the Village of Bellwood of 2004.

Common Areas (Interior)   Any portion or part thereof of a multiple-family building having communal ares  (laundry, furnace, storage rooms,
hallways, stairways, meeting rooms) and all other areas located within a multiple-family  building, outside of a dwelling unit.    Interior Common Areas  shall  also include stoops entrance doors, roofs, attics,  balconies.  Lighting fixtures, signage, railings, patios, storage areas, garages, exterior building surfaces, gutters and  downspouts and any other areas of a multiple-family dwelling unit or multiple-family building to which the owner is directly  responsible for the proper maintenance thereof.

Common Areas (Exterior):   The private roads and streets and private sidewalks adjacent thereto, landscaping,  detention ponds, utility facilities,
trash enclosures, playground equipment, swimming pools, tennis courts, basketball courts  or any other recreational facilities, trail areas, parking areas, private drives, detached garages, lighting fixtures, signage, mail boxes, street benches, entrance monuments, perimeter fencing and such other improvements or structures from time to time or at any time located or constructed on a common area.

Controller:  The Comptroller of the village or his or her designated representatives.  Designed representatives for  the administration and
enforcement of this chapter include the Building Official, the Chief of the First Department and their  representatives, all of the village.

Condominium:  Any dwelling unit under individual ownership in a multi-unit structure as provided in the Condominium Property Act of the
Compiled States of the State of Illinois.

Condominium Association:  Any organization or association which governs the operation of common areas or services for two or more
condominiums.

Dormitory    A room or group of rooms in any dwelling used for living and sleeping purposes by four or more persons

Dwelling   Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.

Dwelling Unit:  One or more rooms in a residential structure which are arranged, designed, used or intended to be used by one family, plus 
not more than four lodgers for living or sleeping purposes, and which includes complete kitchen and sanitary facilities permanently installed.

Extermination:  The control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping, or by any other recognized legal pest elimination methods approved by the Controller.

Family

(1)  Any n umber of persons each related to each of the others by blood, marriage or adoption, living and maintaining  a common
 household in a dwelling unit; not more than three persons who are not related to each of the others by blood,  marriage or adoption, living and maintaining a common household in a dwelling unit other than a detached single-family  dwelling; or, not more than five persons who are not each related to each of the others by blood, marriage, or adoption, living and maintaining a common household in a detached single-family dwelling owned by one or more of the occupants.  For the  purpose of this definition, "maintaining a common household" shall mean the joint occupancy and use of the entire dwelling  unit and the facilities therein, with the exception of bedrooms, by all of the residents.

(2)  Any R-3 or R-4 Multiple-Family Residence District shall be limited to the following family classifications with  the exceptions of
convents, monasteries, rectories, and parish houses; (a) one or more persons, each related to the other by  blood, marriage, or adoption and living together in a single dwelling unit and maintaining a common household including  domestic servants and not more than one gratuitous guest; and (b) not more than three unrelated persons living together in a  single-dwelling unit and maintaining a common household.

Fire Prevention Code:  All ordinances of the village pertinent to fire preventing including but not limited to Chapter 92 of this code.

Foot Candle    The quantity of light reaching a surface.  It is equal of the number of lumens divided by the square footage of the surface the
 lumens are covering, such as one lumen covering one square foot equals one foot candle.

Garbage    Any rejected or waste household food, offal, swill or carrion and every accumulation of animal, fruit or vegetable matter that
 attends the preparation, use, cooking and dealing in, or storage of meats, fish, fowl, fruits or vegetables and any other matter of any nature, which are subject to decay, putrefaction and the generation of noxious or offensive gases or odor, or which during or after decay, may serve as breeding or feeding material for flies or other insects.

Habitable Room:  A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers, corridors, closets, storage spaces or stairways.


Infestation:  The presence within or around a dwelling of any insects, rodents, or other pests

Lumen  The quantity of light emitted by a light source

Managing Agent:  Any person or firm, acting for another, with authority to rent, manage and/or make expenditures

Multiple-Family Building:  For the purpose of this chapter, one or more residential buildings under one  ownership, designed and built as a group
of individual dwelling units, in which units may touch by virtue of common or party  walls and floors and ceilings, and which contain two or more dwelling units per building.  Each building that is separated by  another building by virtue of a fire wall or fire separation assembly and has its own address, shall be considered a separate  building.

Multple-Family Dwelling Unit:  A unit within which a family resides which permits such family to live independently of any other family within
a multi-family dwelling building.

Occupant:    Any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit, provided, however,
that any child over one year and under 12 years of age shall be considered as 1/2 person for the purposes of this chapter.

Operator:   Any person, who has charge, care, control or management of a multiple-family dwelling unit or multiple-famly building, or part
 thereof, in which dwelling units or rooming units are let.Owner:    Any person who alone, jointly or severally with others has legal title to any multiple-famly building, or  multiple-family dwelling unit, with or without accompanying actual possession thereof; or who has charge, care or control of  any multiple-famly building or multiple-family dwelling unit, as owner, or other person; or in an executor, administrator,  trustee or guardian of the estate of the owner, is a mortgagee in possession, or is a senior officer or a trustee of the association  of unit owners of a condominium or homeowners association.  Owner  shall also mean any condominium or homeowners  association having the charge, care or control of any common area which is enclosed, part of, a portion, or the entire multiple-family building or multiple-family dwelling unit.  Any person thus representing the actual owner shall be  bound to comply  with the provisions of this chapter and the rules and regulations pursuant thereto, to the same extent as if he or she were the  owner.

Owner:  Any person who alone, jointly or severally with others has legal title to any multiple-family building or  multiple-family dwelling unit,
with or without accompanying actual possession thereof; or who has charge, care or control of  any multiple-family building or multiple-family dwelling unit,k ,as owner, or other person; or in an executor, administrator,  trustee or guardian of the estate of the  owner, is a mortgage in possession, or is a senior officer or a trustee of the association  of unit owner of a condominiums or homeowners association.  Owner  shall also mean any condominium or homeowners association having the charge, care or control of any common area which is enclosed, part of, a portion , or the entire multiple- family building or multiple-family dwelling unit.  Any person thus representing the actual owner shall b. e bound to comply  with the provisions of this chapter and the rules and regulations pursuant thereto, to the same extent as if he or she were the owner.

Person    Any natural person, partnership, firm, trust, corporation or association.  Whenever used with respect to any penalty, the term Person as
applied to partnerships or associations, shall mean the partners or members thereof; and as applied to trust or corporations, shall mean the trustees or officers thereof.

Plumbing     Shall mean and include all the following supplied facilities and equipment:  Gas pipes, gas-burning  equipment, water pipes,
garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bath tubs,  shower bath, installed clothes-washing machines, catch basins, drains, vents and any similar fixtures, together with all connections to water, sewers or gas lines.

Rooming House     Any dwelling or that part of any dwelling containing one or more rooming units, in which space is  let for compensation
by the owner or  occupant or operator to three or more persons who are not husband and wife, son or  daughter, mother or father, sister or brother, grandparents, grandchildren, niece or nephew or domestic employees, not to  exceed two in number of the owner or operator.

Rooming Unit    Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping but no
cooking purposes.

Rubbish     All combustible and non-combustible waste materials except garbage.

Supplied   Paid for, furnished or provided by or under the control of the owner or operator

Single-Family Dwelling Unit for Rent    Any detached or attached dwelling, including townhouses, that is designed for occupancy by one
family  only and that is (i) not owner occupied and (ii) is let for compensation by the owner or operator to the occupant(s)

Townhouse   Any dwelling joined  to another dwelling or dwellings at one or two sides by a party wall or walls and designed exclusively for
 the use or occupancy by one family of the internal space from lowest basement or floor level to roof.

Townhouse Association  Any organization or association which governs the operation of common areas of two or more townhouses.

Village    Village of Bellwood, Illinois

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.03  Operating License Required

(A)  Other than condominium and townhouse associations (which are exempt from the licensing provisions of this chapter), it is unlawful for
any person to operate a multiple-family building or single-family dwelling unit for rent without having first obtained an OPERATING LICENSE   therefore.  Operating licenses shall be issued by the Village Clerk in accordance with the provisions of this chapter and Chapter 119 of this code.

(B)  No person or association shall operate a multiple-family building or single-family dwelling unit for rent unless he or she holds a current,
unrevoked operating license issued by the village in his or her name for the specific named multiple-family building.

(C)  Every operating license shall be issued for a person of one year from its date of issuance unless sooner revoked, and may be renewed for
successive periods of not to exceed one year.

(D)  The Village Clerk is hereby authorized upon application therefore to issue new operating licenses, and  renewals thereof, in the names of
applicant owners or operators of multiple-family building or single-family dwelling unit for  rent.  No such operating licenses shall be issued unless the multiple-family building or single-family dwelling unit for  rent in connection with which the operating license is sought is found after inspection to meet all applicable  requirements of this code and the applicable rules and regulations pursuant thereto.

(E)  No operating license shall be issued or renewed unless the applicant, owner, or operator has first made application therefor on
an application form provided by the village.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.04    Operating License Application

In accord with Chapter 119, no such operating license shall be issued except upon written application filed with the  Village Clerk. A complete
application for an operating license shall be filed not less than 30 days prior to the issuance thereof.  Said application shall be signed by the legal title holder to the multiple-family building or single-family dwelling unit for rent.  Any person seeking to renew an operating license issued pursuant to this chapter shall file a completed  application not less than 30 days prior to the expiration of the currently valid operating license.   Application forms may  be obtained from the Village Clerk and shall contain such information as the Village Clerk may, from time to time, require, including, but not limited to:

(A)  Name, address, birth date, work and home telephone numbers of each owner of the multiple-family building or single-family dwelling unit
for rent.  When the owner is a land trust, the application shall include the name and address of each person(s) holding a beneficial interest and/or power of direction therein.

(B)   Name, address, birth date, work and home telephone numbers of any person appointed as managing agent of the multiple-family building
 or single-family, dwelling unit for rent.  If the managing agent is other than a natural person, the above information shall also be provided for that employee of the managing agent specifically assigned to the multiple-family building or single-family dwelling unit for rent.

(C)  A copy of the written management agreement between the owner and the managing agent shall be attached to the  application.  If no written
 agreement exists, the owner and managing agent shall attach an executed statement setting forth the  terms of the managing agent's authority to rent, manage and make expenditures with respect to the multiple-family building or single-family dwelling unit for rent.

(D)  Name, address, work and home telephone numbers of the janitor(s) or engineer(s) in charge of the maintenance of the multiple-family
 building or single-family dwelling unit for rent and its heating, cooling, plumbing and electrical systems.  Attached to the application shall be a statement of the janitor(s) or engineer(s) authority to maintain and repair the multiple-family building or single-family dwelling unit for rent and its systems, including emergency repairs.

(E)  Name, address, birth date, work and home telephone numbers of any person(s) (other than those listed pursuant to (A), (B) and (D) above,
if any, having authority to make any decision with respect to the management and/or maintenance of the multiple-family building or single-family dwelling unit for rent.  Attached to the application shall be a statement of such person's authority to manage, lease  and/or maintain the multiple-family building or single-family dwelling unit for rent.

(F)  If no managing agent has been appointed, the name, address, birth date, work and home telephone numbers of an agent authorized by
the owner to accept notices and process.

(G)  The name, address and telephone number of each company that services the fire alarm systems and/or elevator(s).

(H)  A copy of a plan evidencing what improvements, renovation(s) and/or replacements are budged for the license year.

(I)  An irrevocable consent by the owner, permitting the village and its inspectors to enter upon any and all portions of the licensed multiple-family building or single-family dwelling unit for rent for purposes of making the inspections required and/or permitted under this chapter, including, if applicable, the right to inspect individual dwelling units.

(J)  An irrevocable consent and agreement to pay all enforcement costs provided for by division (2)

(K)  A copy of the most recent test results of fire alarm and emergency lighting systems required under  division (D)  (Additional Requirements of 124.16.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.05  Operating License Term

Each operating license granted hereunder shall be an annual license, the term of which shall commence on January 1 of a given year and shall terminate on December 31 of the same year.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.06    Operating License Fees

(A)  Each application for an operating license shall be accompanied by a license fee.  The license fee shall be determined by the following
schedule:

Number of Units Owned            Operating License Fee:
  2 to 50                                        $145 per Building and $5 per Unit
 51 to 350                                     $95 per Building and $5 per Unit
351 or more                                 $90 per Building and $5 per Unit

(B)  In the event a completed operating license application is not submitted together with the required license  for prior to January 1 in any given
year, the licensee fee shall be increased by 20% and further, the base license  fee shall be increased by an additional 20% on the first day of each subsequent month, until such time as the complete  operating license application and the required license fee is paid.

(C)  In the event the ownership of a building changes during the license year, the license fee for the new owner shall be determined on a prorated
per diem basis.  No refund of any license fee paid shall be made.

(D)  Notwithstanding any provisions contained herein above to the contrary, the owner of a multiple-family building containing more than 100
dwelling units may elect to pay the license fee in two installments.  The first installment shall  be in the amount of 50% of the applicable license fee and shall be paid at the time of application for an operating  license hereunder.  The balance of the applicable license fee shall be paid on or before July 1 of the license year to the event the balance of the applicable license fee is not paid on or before July 1 of the license year, the  operating license shall be deemed to have terminated on July 2 of the license year, without further action by the  village.

(E)  Notwithstanding any provision contained hereunder to the contrary, no operating license shall be renewed until such time as all costs provided
by this chapter have been paid.

(Ord.  03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.07  Inspections

(A)  Every multiple-family building or single family dwelling unit for rent shall be owned, operated and maintained in full compliance with all
applicable ordinances,  codes and regulations of the village.

(B)  The first operating license applied for with respect to any multiple-family building or single-family dwelling unit for rent under this chapter
shall not be  issued to any owner for any multiple-family building or  single -family dwelling unit for rent, in the event, at the time of application.

(1)  An existing inspection report identifies any code violation which has not been corrected, and the time for correction of said violation
as noted in such inspection report has expired; or

(2)  Litigation is pending with respect to code violations at such multiple-family building or single-family dwelling unit for rent.

(C)  Therefor, the village shall conduct an annual inspection of every multiple-famly building or single-family dwelling unit for rent during
 the license year to determine if said multiple-family building or single-family dwelling unit for rent is in full  compliance with all applicable ordinances, codes and regulations of the village.

(D)  Any inspection conducted pursuant to this section shall include the interior and exterior common areas.  The inspection  shall include the
interior of the dwelling units according to the following schedule:

(1)  In buildings containing a single-family dwelling unit for rent, the single-family dwelling unit for rent shall be inspected;

(2)  In buildings containing up to and including eight dwelling units, a minimum of two dwelling units in each building;

(3)  In building containing from  nine to and including 18 dwelling units, a minimum of four dwellingunits in each building;

(4)  In building containing ore than 18 dwelling units, a minimum of 20% of the dwelling units in each building.

(Ord. 03-43, passed 8-20-03; Am. Ord 03-59, passed 11-12-03).

124.08  Investigations and Inspections

No operating license shall be renewed unless the applicant owner or operator agrees in his or her application to inspectionsd pursuant to Chapter 92 of this code and those the Comptroller may require to determine whether the multiple-family building or single-family dwelling unit for rent in connection with which such operating license is sought is in compliance with the provisions of this chapter and with applicable rules and regulations pursuant thereto.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.09  Designation of Agent

(A)  No operating license shall be issued or renewed for a nonresident applicant, unless such applicant designates in writing to the Village Clerk
 the name of his or her agent for the receipt of service of notice of violation of the provisions of this code and for the service of process pursuant to this code.

(B)  No operating license shall be issued or renewed for a resident applicant, unless such applicant has first  designated an agent for the receipt
of service of violations of the provisions of this code and for device of process pursuant to  this code when said applicant is absent from Bellwood for 30 or more days.  Such a designation shall be made in writing, and  shall accompany each application form.

(Ord. 03-43, passed, 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.10   Operating License Location

An operating license issued to this chapter shall be valid with respect to one specific multiple-family building or  single-family dwelling unit for rent and may not be transferred to any other multiple-family building or single-family   dwelling unit for rent.

(Ord. 03-43, passed 8-20-03; Am. Ord 03-59, passed 11-12-03).

124.11   Operating License Terminates Upon Sale

Notwithstanding any provision contained in this chapter to the contrary, an operating license issued pursuant to this chapter shall terminate upon the sale of the multiple-family building described or single-family dwelling unit for rent in each operating license.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-599, passed 11-12-03).

124.12   Inspection Upon Sale

(A)  No multiple-family dwelling unit, multiple-famly building, or single family dwelling unit for rent shall be sold  unless the seller furnishes
 the buyer with a presale inspection report dated no more than 120 days prior to the date of the closing  and dated no  later than the day of the closing on the sale of said multiple-family dwelling unit, multiple-famly building, or  single-family dwelling unit for rent.  Said report shall be based on  an inspection by the Building Official of all dwelling units  and all interior and exterior common areas.  The report shall state that each unit, building, or single-family dwelling unit for  rent, as the case may be complies with all applicable ordinances,  codes and regulations of the village or, in the alternative, list  with specificity the manner n which such unit, building or single-family dwelling unit for rent does not comply with all  applicable ordinances, codes and regulations.  The request for a presale inspection must be made, in writing to the Village  Clerk, not less than 30 days prior to the scheduled date of the closing.  The presale inspection fee shall be based on the  number of inspector hours required to make said inspections and prepare the required report.  The fee shall be $35 per hour  per inspector.  In the event a presale inspection report is requested and the annual inspection required by this chapter have not  yet been performed for the current license year, the license fee paid fort the current license year shall be  credited towards the presale inspection fee.  The presale inspection fee shall be paid in the office of the Village Clerk at the  time of delivery of the presale inspection report.

(B)  An inspection made pursuant to this section satisfies the annual requirement of 124.07.  A sale for purposes of this  section includes contract
sales, exchanges, conversions to condominiums and transfers of possession or control of any  multiple-family dwelling unit, multiple-famly building, or single-family dwelling unit for rent.  Any person participating in  such a sale in violations of this section, either as seller, buyer or by receipt of a sales commission, in connection therewith,  shall be deemed in violation of this section and be subject to the penalties as provided for in this code.  Any contract executed  in violation of this section shall be voidable by the buyer.  Not withstanding the foregoing, any buyer shall be responsible for  complying with each and every provision of this chapter.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.13   Renewal

No operating license shall be renewed unless an application therefore has been made within 30 and not less than ten day prior to the expiration of the present operating license.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.14   Notice of Change

Each operating license shall be displayed in a conspicuous place within the interior common areas of the multiple-family building or in a
conspicuous place within a single-family dwelling unit for rent.  Every person holding an operating  license shall give notice in writing to the Village Clerk and the Comptroller within 24 hours after having transferred or  otherwise disposed of the legal control of any licensed multiple-family building or single-family  dwelling unit for rent.   Such notice shall include the name and address of the  person or persons succeeding to the ownership or control of such  multiple-family building or single-family dwelling unit for rent.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.15   Records Required

Every owner or operator of a licensed multiple-family building or single-family dwelling unit for rent shall keep, or  cause to be kept, records
 of all requests for repair and complaints by tenants or members of the association and of all  corrections made in  response to such requests and complaints.  Such records shall be made available by the owner or operator  to the Comptroller for inspection and copying upon request.  Such records shall be admissible in any administrative or judicial  proceeding pursuant to the provisions of this chapter as prima facie evidence of a violation or the correction of violation of  this code or applicable rules and regulations pursuant thereto.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.16  Additional Requirements

In addition to all other requirements set forth in this code, it is unlawful to fail to comply with the following additional requirements which  shall be applicable to multiple-family buildings or single-family dwelling units for rent.

(A)  No owner or other person shall occupy or allow another person to occupy any dwelling or dwelling unit unless it is clean, safe, sanitary, fit for human occupancy and complies with all applicable ordinances, codes, and regulations of the village.

(B)  Every owner shall maintain in a safe, clean and sanitary condition, the interior and exterior common areas.

(C)  The owner of any multiple-family building or single-family dwelling unit for rent shall be responsible for the  removal of any and all
abandoned vehicles located on the premises of said multiple-family building or single-family dwelling  unit for rent.  Such removal shall be accomplished within seven days.  If any abandoned vehicle poses a hazard to human  safety, it shall e removed immediately.  Such removals shall be accomplished as otherwise provided by law.

(D)  The owner shall be responsible for the maintenance and annual testing of fire alarm and emergency lighting systems.  Systems shall be
tested by an approved service company and a written report provided.  Owner shall retain all test results.

(E)  No owner shall permit the maximum occupancy of any dwelling unit to be exceeded.  The maximum occupancy of any dwelling unit shall be
based on the following:

Number of Bedrooms            Maximum No. of Persons in Household
 0                                                 1
 1                                                 3
 2                                                 4
 3                                                 6
 4                                                 8
 5                                                10
 6                                                12


(F)  Every owner shall provide illumination for multiple-family, as follows:

(1)  Entrances to dwellings containing more than one dwelling unit shall be illuminated during the period from sunset to sunrise with at
least the equivalent of a 60 watt bulb.  Such bulb shall be covered and protected by a clear polycarbonate  cover or cover of equal breaking resistant material.

(2)  From dusk until dawn,  a minimum of four-tenths horizontal foot candles of light shall be maintained upon the parking surface of
 open parking lots and access thereto which contain more than ten parking spaces.

(3)  From dusk until dawn, a minimum of four-tenths horizontal foot candles of light shall be maintained upon the parking surface and
 other non-enclosed areas under or within dwelling containing more than one dwelling unit at grade.

(4)  From dusk until dawn, a minimum of four-tenths horizontal foot candles of light shall be maintained on the walking surface of
sidewalks and walkways leading from parking  lots to dwellings or from dwelling to dwelling.

(5)  Notwithstanding any provision contained herein to the contrary, the building official shall have final approval of all illumination and
 may alter the regulations contained herein, including the times in which the illumination is to br provided, so as to lessen the impact on surrounding properties.

(G)  In the event that the owner of a multiple-family building or single-family dwelling unit for rent resides outside the corporate limits of the
village, the owner shall appoint a managing agent that:

(1)  Has an office at the multiple-family building with regular business hours; or

(2)  Lives  at the multiple-family building and has regular business hours thereat; or

(3)  Has an office within the corporate limits of the village with regular business hours.

(H)  Every owner, or managing agent, if one is required or otherwise appointed, shall have in its possession and immediately available for
inspection or use by the village:

(1)  Keys to all common area locks at the multiple-family building.

(2)  Copies of all current leases and their respective applications

(3)  Copies of all lease applications for the past year.

(I)  In the event any clubhouse or recreation building or facility at the multiple-family building is to be rented with or  without consideration
by 35 people or more, the owner shall be responsible for making sure a written application for such  rental is completed stating the applicant's name, address, date of birth, home and work telephone numbers, reason for rental,  if alcohol will be served or sold and the date, beginning time and ending time of rental.  The owners is also responsible for  making sure that proper security is provided as approved as approved by the Bellwood Chief of Police or his or her  designated representative.  If alcohol will to be present at any time during such rental period, the owner shall be responsible  for compliance with all applicable codes and ordinances of the village relating to alcoholic liquor.

(J)  Every owner shall report to the Village Clerk any change in the designation of any managing agent, at least seven days prior to such change.

(K)  Any contract for the sale of a multiple-family building or single-family dwelling unit for rent shall be reported to the Village Clerk within
seven days of the execution thereof, and a copy of said contract shall be provided to the village.

(L)  Every owner shall cause to be kept records itemizing all repairs, alterations and decorating expense in excess of $100 per expenditures
 for a period of three years after such expenditure.  Upon request, such records shall be made available to the village during normal business hours upon request of the Village Clerk.

(M)  From and after the effective date of this chapter, no dwelling unit shall be rented without a written lease having  been executed on
behalf of the owner and the tenant.  Each such lease shall contain thee following provision:  The consent of  the tenant to the inspections required or otherwise permitted under this chapter, upon giving of 24 hours prior written notice  posted on the door of each dwelling unit.

(N)  From and after the effective date of this chapter, no dwelling unit shall be rented without the owner having first obtained a written
application containing or having attached thereto the following information:

(1)  Name, address, birth date, social security number, driver's license number, work and home numbers of each applicant.

(2)  A copy of each applicant's driver's license and work I.D. (if any) shall be attached to the application.

(3)  A list of the current and all residences during the previous three years, including addresses, name of landlord and reason for leaving.

(4)  Name, address, birth date, social security number, driver's license number, work and home telephone numbers of all persons who
will be residing in the dwelling unit.

(5)  Name, address and telephone number of nearest relative or friends (at least two) for emergency contact purposes.

(6)  The make, model, color, year and current license plate numbers of all cars, boats and trailers, campers, motorcycles, and the like,
owned or used, by the persons who will reside in the dwelling unit.

(7)  A certification as to the correctness of the information being provided.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.17   Inspections and Right of Entry

(A)  The Comptroller may make regular inspections to determine the condition of multiple-family buildings, single-family dwelling units for
 rent, dwelling units, rooming units and premises located within the village for the purpose of  safeguarding the health and safety of all occupants and of the general public.  The Comptroller may make such inspections  wherever he or she shall deem such an inspection necessary, provided, however, that such inspections must e made at  reasonable times.

(B)  If any owner, occupant, or other person in charge of the multiple-family building, single-family dwelling unit for rent,  dwelling unit or
rooming unit, or of a multiple-family building or a rooming house subject to licensing under this  chapter, fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part  thereof, with respect to which an inspection authorized by this chapter is sought to be  made, the Comptroller ay, upon a  showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the  inspection requirements of this section with respect to such multiple-family building, single-family dwelling unit for rent,  dwelling unit, rooming unit, multiple-family building or rooming house, petition and obtain such order from a court of  competent jurisdiction.

(C)  The owner or occupant of every multiple-family building, single-family dwelling unit for rent, dwelling unit, rooming unit and premises at
all reasonable times for the purpose of inspection, examination and survey

(D)  Every occupant of a multiple-family building, single-family dwelling unit for rent, dwelling unit or rooming unit shall give the owner
 thereof, or his or her agent or employee, access to any part of such multiple-family building, single-family dwelling unit for rent, dwelling unit or rooming unit, or its premises, at all reasonable times for the purpose of making  such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or  regulation adopted or any lawful order issued pursuant to the provisions of this chapter.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.18   Violations; Suspensions and Revocation of Operating License

(A)  Whenever, upon inspection of the licensed multiple-family building or single-family dwelling unit for rent, it  determined that conditions
 or practices exist which are in violation of the provisions of this chapter or any applicable  ordinance, code or regulation of the village, or the property is declared a nuisance, the village shall serve the owner with a  notice of violation.   Such notice shall identify the specific  violations and state that unless they are corrected within the time  specified in the notice, the owner shall be cited and its operating license may be suspended.  Notice pursuant to this  section may be sent by U.S. certified mail or hand delivered to the party designated in the application to receive notices and  process.

(B)  At the end of the time allowed for correction of any violation cited, the multiple-family building or single-family dwelling unit for rent, as
 the case may be, shall be re-inspected by the village.  If it is determined that the conditions have not been corrected or they are not in the process of being corrected to the satisfaction of the Building Official, the village may issue an order suspending the operating license.  Tenant-caused violations will not be considered grounds for suspension of operating license as long as licensee cooperates in gaining compliance.

(C)  Any person whose operating license to operate a multiple-family building or single-family dwelling unit for  rent has been suspended shall
 be given the opportunity to be heard by the Village President in connection with the violations.  Said person must submit his or her request to be heard in writing and the written request must explain in detail, the violations  cited, why they have not been corrected, and a compliance time frame for completion.  However, if no written request for  hearing reaches the Village President within 21 days following the issuance of the order of suspension, the operating  license shall be revoked.  The village, as a result of such hearing, may grant additional time  or may revoke the operating license.  Prior to revocation any person whose operating license has been suspended may request a re-inspection  upon a showing that the violation or violations, cited in the notice have been corrected.

(D)  If, upon re-inspection, it is determined by the village that the violations cited in the notice have been corrected, or in the case of violation
of the crime free multi- housing program, the offending residential tenant has been or is in the process of being evicted, the operating license shall be reinstated by the Comptroller.  A request for re-inspection must be filed within  the 32 day time period for requesting a hearing, unless the official responsible for sending the violation notice so requests.

(E)  If the licensee is convicted by a court of a violation of any provision of this chapter or any applicable ordinance, code or regulation in
connection with the licensed multiple-family building or single-family dwelling unit for rent, as the case may be, then the operating license shall be subject to revocation without further notice.

(F)  In the event a condition of extreme hazard to health or safety is found to exist, the Comptroller may immediately revoke the operating license.

(G)  Each day a multiple-family building or single-family dwelling unit for rent continues to operate after an operating license has been revoked
shall constitute a separate violation of this chapter.

(H)  The first re-inspection provided for in division (B) above shall be  without charge to the owner.  Thereafter, each additional re-inspection
 shall be at a cost of $35 per hour per inspector, based on the number of inspector hours required to make said inspections and prepare the required report.  The minimum charge for any re-inspection shall be $35.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03; Am. Ord 7-40, passed 6-20-07)

124.19   Repairs and Other Corrective Action

(A)  Whenever an owner, operator or agent of a multiple-family building, single-family dwelling unit for rent, dwelling  unit or rooming unit
neglects, or refuses to make repairs or other corrective action  called for by a second order or notice of  violation issued pursuant to 124.18, the Comptroller may undertake such repairs or action, when in his or her judgment a  failure to make them will endanger the public health, safety or welfare, and the cost of such repairs and action will not  exceed 50% of the fair market value of the structure to be repaired.

(B)  Every owner, operator, or agent of a multiple-family, single-family dwelling unit for rent, dwelling unit, or  rooming unit who has received
notice of the intention of the Comptroller to make repairs or take other corrective action shall  give entry and free access to the Comptroller for the purpose of making such repairs.  Any owner, operator, or agent of a  multiple-family building, single-family dwelling unit for rent, dwelling unit, or rooming unit, who refuses, impedes,  interferes with, hinders or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other  corrective action shall be subject to a civil penalty of not more than $1,000 for each failure to comply with this section.

(C)  When repairs are made or other corrective action taken at the direction of the Comptroller, cost of such repairs and  corrective action shall
constitute a debt in favor of the village against the owner of the repaired structure.  In the event such  owner fails, neglects, or refuses to pay the village the amount of this debt, it shall be recoverable in a civil action against the  owner or his or her successor, brought in a court of competent jurisdiction by the village which shall possess all rights of a  private creditor.

(Ord.  03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.20   Demolition of Multiple-Family Buildings, Single-Family Dwelling Units for Rent, Dwelling Units, or Rooming Units Designated as Unfit
for Human Habitation.

(A)  The Comptroller shall order a multiple-family building, single-family dwelling unit for rent, dwelling unit, or rooming unit to be demolished
if it has been designated as unfit for human habitation , has been placarded as such, has been vacated, has not been put into proper repair as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the Comptroller not to warrant repair under 124.19.

(B)  The owner of any multiple-family building, single-family dwelling unit for rent, dwelling unit, or rooming unit which has been ordered
demolished, shall be given reasonable time, not to exceed 90 days, to demolish such structure.

(C)  When the owner fails, neglects or refuses to demolish an unfit, unsafe or unsanitary dwelling, dwelling unit or  rooming unit within the
requisite time, the Comptroller may apply to a court of competent jurisdiction for a demolition order  to undertake the demolition.  The court may grant such order when to reconsideration or hearing on the matter is pending.   The cost of such demolition shall create a debt in favor of the  village against such owner, and shall be recoverable in a civil  action brought by the village which shall possess all the rights of a private creditor.

(D)  Whenever a multiple-family building or single-family dwelling unit for rent is demolished, whether carried out by  the owner or by the
Comptroller uch demolition shall include the removal of  concrete slabs, the filling in of excavation  remaining on the property on which the demolished dwelling was located, and grading and grass seeding, in such manner as  to eliminate all potential danger to the public health, safety, or welfare arising from such excavation.

(E)  All demolition shall be preceded by an inspection of the premises by the Comptroller to determine whether or not extermination procedures
 are necessary.  If the premises are found to be infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during and after demolition.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03).

124.21   Minimum Standards For Basic Equipment and Facilities

No person shall occupy as owner-occupant or let to another for  occupancy any multiple-family building, single-family dwelling unit for rent,or dwelling unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements, as applicable.

(A)  Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate
circulation area, and which shall be equipped with the following:

(1)  A kitchen sink in good working condition and properly connected to a water supply system which is approved by the Comptroller and
which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the Comptroller.

(2)  Cabinets and/or shelves for the storage of eating, drinking and cooking equipment  and utensils and of food that  does not under
ordinary summer conditions require refrigeration for safe keeping; and a counter or table for food preparation;  said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and  shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or  deleterious effect to food.

(3)  A stove, or similar device, for cooking food, and a refrigerator or similar device, for the safe storage of food at  temperatures less
 than 40  but more than 32 F under ordinary maximum summer conditions, which are properly installed  with all necessary connections for safe, sanitary and efficient operations; provided that such stove, refrigerator and/or similar  devices need not be installed when a dwelling unit is not occupied and when the  occupant is expected to provide same on  occupancy,and that sufficient space and adequate connections for the safe and efficient installation and operation of said  stove, refrigerator and/or similar devices are provided.

(B)  Every dwelling unit shall have a room with a single flush water closet, a single lavatory basin and a single bathtub or shower.  Such water
closet, lavatory basin and bathtub or shower shall be in  good working condition and properly connected to a water sewer system which connection shall conform to all water and sewer provisions of this code.

(C)  Every dwelling unit shall be supplied with rubbish and garbage disposal facilities which must conform with the garbage and refuse sections
 of this code.

(D)  Access to or egress from each dwelling unit shall be provided without passing through any other multiple-family building or dwelling unit.

(E)  No person shall let to another for occupancy any multiple-family building, single-family dwelling unit for rent, or dwelling unit unless each
 is equipped with smoke detectors that comply with the regulations of this municipal code and the statutes of the State of Illinois all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices.

(F)  Storage areas provided for occupants of multiple-family buildings shall be constructed so as to afford security against unauthorized entry.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03).

124.22   Minimum Standards for Light, Ventilation and INSECT CONTROL

  (A)  No person shall occupy as owner-occupant or let to another for occupancy any multiple-family building, single-family dwelling unit
for \rent, or dwelling unit, for the purpose of living therein, which does not comply with the minimum requirements for light and ventilation as set forth in the building provision of this code, applicable.

(B)   Every public hall, stairway and passageway in every multiple-family building containing four or more dwelling units shall be adequately
lighted at all times.  Every public hall, stairway and passageway in structures devoted solely to a multiple-family building containing less than four dwelling units shall be supplied with an adequate lighting system and conveniently located light  switches, in order to turn on such system as light is needed.

(C)  During that portion of ech year when the Comptroller deems is necessary for protection against mosquitoes, flies and other insects, every
door opening directly from a dwelling unit to outdoor space shall have screens with spring or other self-closing devices and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.23   Minimum Standards For Heat

No person shall occupy an owner-occupant or let to another for occupancy any multiple-family building, single-family dwelling unit for rent, or dwelling unit, for the purpose of living therein, which does not comply with the following minimum requirements.

(A)  Every dwelling unit shall have heating facilities which conform to the requirements of Chapter 150 of this code.

(B)  Every dwelling unit or rooming unit to which heat is furnished from a heating plant used in common for the purpose of heating the building
\shall be supplied with heat without such undue restriction or ventilation as to interfere with proper sanitary conditions, to provide a minimum temperature of 68 F from 6:30 a.m. to 10:30 p.., and a minimum temperature of 65 F at all other times.  Such temperatures shall be averaged throughout the dwelling unit or rooming unit.

(C)  Failure to furnish the heat required by this section shall not constitute an offense where it is due to a breakdown of that heating plant, if
\diligence is used to have such plant repaired (unless such breakdown has been caused by a violation of this  chapter), nor where it is due to strikes, to a general shortage of fuel, to any act of the tenant who makes the complaint, or  to any cause beyond the owner's control.

(D)  To determine if a  violation of this section has occurred, the Comptroller shall  cause temperature readings to be made by means of a
standard Fahrenheit thermometer in not less than two rooms, or if the unit consists of only one room them in two opposite parts of the room at or near the extremes as practicable, such thermometer to be placed at a point not less than four feet nor more than six feet away from any door or window.

(Ord. 03-43, passed 8-20-03;  Am. Ord 03-59, passed 11-12-03)

124.24   Electrical Outlets and Lights

Every habitable room shall  contain electric convenience outlets as required by the building provisions of this code.  Every such outlet and fixture shall be properly installed, shall be maintained in a good and safe working condition, and shall be connected to the source of electric power in a safe manner.

(Ord. 03-43, passed 8-20-03;  Am. Ord. 03-59, passed 11-12-03)

124.25   General Requirements Relative to Safe and Sanitary Maintenance

No person shall occupy as owner-occupant or let to another for occupancy any multiple-family building, single-family dwelling unit for rent, or dwelling unit for human habitation which does not comply with the following requirements:

(A)  Every foundation, floor, wall, ceiling and  roof shall be weather-tight, water tight and rodent-proof, shall be capable of affording privacy;
 and shall be kept in good repair.

(B)  Every window, exterior door and basement hatchway shall be weather tight, water tight and rodent-proof, shall be  kept in good repair, and
shall be kept clean enough to allow reasonable passage of sunlight except when shades are drawn.  Every operable window, basement hatchway, exterior door and dwelling unit entrance door shall be equipped with a locking  device reasonably capable of preventing unauthorized entry into a building or dwelling unit, which locking device shall be  maintained in good condition and repair, except that exterior doors, which lead into a porch, alcove, foyer, hallway of similar  space from which entry to the remainder of the building is through a door equipped with an operable and reasonably effective  locking device, need not be equipped with a locking device. All doors providing a means of egress from a dwelling u nit and  from a building shall be operable from the interior without the use of a key, special tools or special knowledge.

(C)  Every plumbing fixture and water and waste pipe shall be maintained in a good sanitary working condition, free from defects, leaks and
obstructions.

(D)  Every water closet compartment, floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(E)  Every supplied facility, piece of equipment or utility which is required under this chapter, including but not limited to required smoke
detectors, shall be maintained in satisfactory working condition so that it will function safely and effectively.

(F)  No owner, operator or occupant shall cause any service facilities, equipment or utility which is required under this chapter to be removed
from or shut off from or discontinued from any occupied  dwelling let or occupied by him or her, except such temporary interpretation as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the Comptroller.

(G)  All exterior wood surfaces on all dwellings shall be reasonably protected form the elements and against decay by a suitable protective
 material and must conform with the requirements set forth in the building provisions of this code governing exterior weather board and veneers.

(H)  The interior of every dwelling and multi-family dwelling used for human habitation shall be maintained in a clean and sanitary condition
 free from any accumulation of rubbish or garbage.

(I)  All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.

(J)  Every inside and outside stairway, porch and every appurtenance thereto of every building shall be maintained in a good state of repair as
to be safe to use and capable of supporting the load that normal use may cause to be placed upon it and shall meet standards set forth in the building provisions of this code relating to construction and maintenance.

(K)  All garages, tool sheds and all other out buildings shall be kept in good repair so as not to be unsafe or become a harborage for rats and other
rodents.  Not shall any wood or lumber or any other material or object be stored, kept or permitted to remain except temporarily on the premises, in such a manner that will be unsafe or afford harborage for rats.

(L)  Every plumbing fixture and pipe, every chimney, flue and smoke pipe, and every other facility, piece of equipment, or utility which is
 present in a multiple-famly building or dwelling unit, or which is required under this chapter, shall be constructed and installed in conformance with the appropriate statutes, ordinances and regulations of the village and State of Illinois

(M)  Every dwelling shall have approved dual means of egress with minimum headroom of six feet six inches to safe and open space at ground
level.  Every dwelling unit in a multiple-family building shall have immediate access to two or  more approved means of  egress, leading to safe and open space at ground level, or as required by the laws of this state and the village.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.26   Minimum Space, Use and Location Requirements

No person shall occupy or let to another for human occupancy any dwelling or dwelling unit for the purposes of living therein which does not comply with the following requirements:

(A)  Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional thereof, the floor space to be calculated on the basis of total habitable room area.  Floor space where the ceiling height is less than six feet eight inches may not be included in calculating total habitable room area.

(B)  In every dwelling unit of two or more rooms, every room  occupied for sleeping purposes by one occupant shall contain at least 100 square
feet of floor space and every room occupied for  sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.

(C)  No multiple-family building or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a
bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another  sleeping room, nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

(D)  No cellar space shall be used as a habitable room or dwelling unit

(E)  No basement space shall   be used as a habitable room or dwelling unit unless:

(1)  The floor and walls are impervious to leakage of underground and surface run-off water and are insulated against dampness;

(2)  The total of window area in each room is equal to at least the minimum window area sizes as set forth in the building provisions
 of this code;

(3)  Such required minimum window area ids located entirely above the grade of the ground adjoining such window area;

(4)  The total of openable window area in each room is equal to at least the minimum as set forth in the building provisions of this code,
except where there is supplied some other device affording adequate ventilation which has the approval of the Comptroller.

(F)  In every existing dwelling the finished floor and finished ceiling height of every rented or habitable room must be at least six feet and eight
 inches.  No ducts, pipes, electrical ceiling fixtures, shall obstruct the passage in or out of any room or the normal passage about any room.  All newly constructed habitable rooms must have a floor to ceiling height as required by the building provisions of this code.

(G)  The maximum occupancy of any dwelling unit shall not exceed a total number of persons equal to two times the number of its habitable
rooms.

(H)  Except for dwellings used as convents, monasteries, rectories and parish houses or for which a rooming house operating license has been
issued by the Village Clerk, no dwelling units shall be occupied by more than one family , as defined in 124.2 plus domestic servants and gratuitous guests of the family .

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.27  Responsibilities of Owners and Occupants

(A)  Every owner, agent or person in possession, charge or control of a dwelling containing two or more dwelling units  shall be responsible for
maintaining the shared or public area of the multiple-family building and premises thereof in a clean  and sanitary condition.  Every occupant of a multiple-family building or dwelling unit shall keep that part of the multiple- family building dwelling unit and premises thereof which he occupies and controls in a clean and sanitary condition.

(B)  Every occupant of a multiple-family building shall dispose of all his rubbish, garbage and any other waste which might provide food for
rodents in a clean and sanitary manner, by placing it in the garbage  disposal facilities or garbage  storage containers required by the garbage and refuse provisions of this code.  It shall be the responsibility of the owner to  supply such facilities or containers for all dwelling units in a dwelling containing two or more dwelling units and for all  dwelling units located on premises where two or more dwelling units share the same premises.  In other cases, it shall be the  responsibility of the occupant to furnish such facilities or containers.

(C)  Every occupant of a single-family home for rent shall be responsible for the EXTERMINATION of any insects, rodents,  or other pests
therein or on the premises, and EVERY OCCUPANT OF A MULTIPLE-FAMILY BUILDING IN A DWELLING CONTAINING TWO OR  MORE DWELLING UNITS SHALL BE RESPONSIBLE FOR SUCH EXTERMINATION WHENVER HIS DWELLING UNIT IS THE ONLY ONE INFESTED.  NOTWITHSTNDING THE FOREGOING PROVISIONS OF THIS DIVISION, WHENEVER INFESTATION IS CAUSED BY FALURE OF THE OWNER TO MAINTAIN  A MULTIPLE-FAMILY BUILDING IN A RAT-PROLOF OR REASONABLY INSECT-PROOF ONCITION, EXTERRMINATOIN SHALL E THE RESPONSIBILITY OF THE  OWNER.   WHENEVER INFESTATION EXISTS IN TWO OR MORE OF THE DWELLING UNITS IN ANY MULTIPLE-FAMILY BUILDING, OR IN THE SHARED OR  PUBLIC PARTS OF ANY  MULTIPLE-FAMILY BUILDING CONTAINING TWO OR MORE DWELLING UNITS, EXTERMINATION THEREOF SHALL B E THE  RESPONSIBILITY OF THE OWNER.

(D)  Every occupant of a dwelling unit shall keep all plumbing fixtures  therein in a clean and sanitary condition and shall be responsible for the
exercise of reasonable care in the proper use and operation thereof.

(E)  No person shall operate a multiple-family building, single-family dwelling unit for rent, or rooming house unless he holds a current,
unrevoked operating license issued by the village in accordance with 124.03 of this code for the specific named multiple-family building, single-family dwelling unit for rent, or rooming house.

(F)  The owner of a dwelling unit shall be responsible for providing and hanging all screens and double or storm doors  and windows whenever
the same are required under the provisions of this chapter or any rule or regulation adopted pursuant  thereto, except where there is a written agreement between the owner and occupant.  In the absence of such an agreement,  maintenance or replacement of screens, storm doors and windows, once installed in any given season, shall thereafter become the responsibility of the occupant for the remainder of each season.

(G)  Tenants and landlords are responsible for complying with procedures and remedies prescribed in ILCS Chapter 80 with the additional
provisions that no tenant shall be forcibly evicted prior to a hearing and judgment in any appropriate court.

(H)  The owner of a dwelling unit shall provide an adequate level of maintenance, to include repainting exterior surfaces when needed,
maintaining windows and doors in good order, maintaining porches, steps, walks and fences, maintaining proper drainage of surface water and adequate repair of draining tiles.

(I)  No person owning, or in possession or control of any building or premises, shall use the same, permit the use of the same, or rent the same
to be used for any business or employment or residential use, or for any purpose of pleasure or recreation, if such use shall, by its boisterous nature disturb or destroy the peace of the neighborhood in which such building or premises is situated, or be dangerous or detrimental to health.

(1)  In residential zoning districts, any property use shall conform with the performance standards stated below for residence district boundaries,
 provided the performance standards shall in every case be applied at the boundaries of the lot on which such use is established.

Octave Band Center Frequency (H7)        Maximum sound Pressure Levels (dB) Along District
                                                                    Boundaries Residence

31.5                                                                72
63                                                                   71
125                                                                 65
250                                                                 57
500                                                                  51
1000                                                                45
2000                                                                39
4000                                                                34
8000                                                                32
A-scale levels (for monitoring purposes)        55 dB (A)

(2)  Test procedures to determine whether maximum noise levels emitted by property uses along property lines meet  the above noise
 limits shall be in substantial conformity with ANSI Standard S1.41961 or IEC Standard 123-1961; ANSI Standard S1-12-1967; ANSI Standard S1.11-1966; IEC Standard 1979-1965 IEC Standard 225-1966; SAE Recommended Practice J184.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.28  Rooming Houses

(A)  No person shall operate a rooming house, or shall occupy or let to another for occupancy, any rooming unit in any rooming house or
dwelling unit, unless in compliance with the provisions of this code.

(B)  At least one flush water closet, lavatory basin and bathtub or shower, property connected to a  water and sewer  system approved by the
Comptroller and in good working condition, shall be supplied for each six persons, or fraction  thereof, residing within a rooming house, including members of the operator's family whenever they share the use of such  facilities; provided, that in a rooming house where rooms are let only to males, flush urinals may be substituted for not more  than one-half the required number of water closets.  All such facilities shall be so located within the dwelling as to be  reasonable accessible from the common hall or passageway to all persons sharing such facilities.   Every lavatory basin and  bathtub or shower shall be supplied with hot water at all times.  No such facilities shall be located in a basement or cellar  except with the written approval of the Comptroller.

(C)  The operator of every rooming house shall supply ed linens and towels which shall be changed at least once each week, and prior to the
 letting of any room to any new occupant.  The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner.

(D)  Every room occupied for sleeping purposes shall conform to the requirements of the building provisions of this code.

(E)  Every rooming unit shall have safe, unobstructed means of egress leading to safe and open space at ground level.

(F)  The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for
 the maintenance of a sanitary condition in every part of the rooming house.  He or she shall e further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by him or her.

(G)  Every provision of this chapter which applies to rooming houses shall also apply to hotels, except to the extent that any such provision
 may be found in conflict with the laws of the state.

(H)  Cooking in dormitory rooms and rooming units is prohibited.

(J)  Communal cooking and dining facilities in a rooming house are prohibited, except as approved by the Comptroller in writing.

(K)  Access to or egress from each rooming unit shall be provided  without passing through any other rooming unit or dwelling unit.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.29  Dwellings Unfit for Human Habitation

The designation of multiple-family buildings, single-family dwelling units for rent, or dwelling units as unfit for human habitation and the procedure for the determination and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

(A)  Any dwelling or dwelling unit which fails to meet the requirements of 124.15 and 124.16 of this code shall be declared as unfit for human
habitation and shall be so designated and placarded by the Comptroller.

(B)  Any multi8ple-family building, single-family dwelling unit for rent, or dwelling unit determined as unfit for human habitation, and so 
designated and placarded by the Comptroller shall be vacated within a reasonable time as ordered by the  comptroller.

(C)  No multiple-family building, single-family dwelling unit for rent, or dwelling unit which has been determined and placarded as unfit for
human habitation shall again be used for human habitation until written approval is secured from, and  such placard is removed by, the Comptroller, who shall removed such placard only when the defects upon which the  determination and placarding action were based have been eliminated, and  after the multiple-family building or dwelling unit has been inspected and been found to comply in all respects with the requirements of this chapter.

(D)  No person shall deface or remove the placard from any multiple-family building and dwelling unit which has been determined as unfit for
human habitation and placarded as such,except as provided in division (C) of this section.

(Ord. 03-43, passed 8-20-03; A. Ord. 03-59, passed 11-12-03)

124.30  Conflict of Ordinances

In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or code of the village existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.  In any case where a  provision of this chapter is found to be in conflict with a provision of any other ordinance or code of the village existing on  the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety  of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby  declared to be repealed to the extent that they may be found in conflict with this chapter.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.31  Owner Liability for Acts and Omissions

Every act or omission of whatsoever nature constituting a violation of any provision of this chapter by any officer, director, manager, trustee, employer, agent or managing agent of any owner shall be deemed to be the act of such owner and such owner shall be punishable in the same manner as if such act or omission had been done or omitted by owner personally.

(Ord. 0-3-43, passed 8-20-03; Am. Ord 03-59, passed 11-12-03)

124.32  Non-Renewal of Operating License

An operating license issued pursuant to this chapter shall not be renewed unless the applicant is otherwise in conformance with the  provisions of this chapter, including the correction of existing code violations in accordance with the provisions of this chapter and all other provisions of the village  code.

(Ord. 03-43 passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.33   Enforcement Costs

(A)  If any court of competent jurisdiction finds that any licensee has violated any provision(s) of this chapter, such court shall award to the
village all of the village's costs related to the enforcement of this chapter including, but not limited to, court costs, attorneys' fees, building inspector costs and administrative costs.

(B)  In the event any court fails or refuses to award the village all of the costs as provided for herein above, such unpaid costs shall constitute
an additional license fee which shall be due and payable prior to the renewal of any operating license for the multiple-family building in question.  Such additional operating license fee shall be in addition to the license fee otherwise required by the provisions of 124.06 of this chapter.  No operating license shall be renewed until such time as all costs provided for by this section have been paid.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

124.34   Crime Free Multi- Housing Program

(A)  The village shall maintain a Crime Free Multi- Housing Program involving the Police Department working in cooperation with landlords of
 village residential rental properties.

((B)  Any owner of property that is being rented out for residential purposes, his or her managing agent or designee, shall  attend and complete a
village Crime Free Multi- Housing Program Seminar, administered by the Police Department, prior to  obtaining or being issued an operating license.  Any current license holders shall have until December 1, 2007 to attend the village Crime Free Multi- Housing Program Seminar.  In the event that the Seminar is not available prior to  obtaining the operating license, a conditional license may be  issued subject to the owner or managing agent  attending said Seminar within three months of issuance of the license.  If the Seminar is not attended within three  months, the license shall be void without any need of further action.  Following attendance at the Seminar and approval  of an operating license application , the license shall be issued for the balance of the year.  If a new managing  agent is hired, the new manager shall have three months from the date of hire to attend the village Crime Free Multi- Housing  Seminar.  The Crime Free Multi- Housing Coordinator, as designated by the Chief of Police, shall provide the Finance  Director with a list of owners and managing agents who have attended the Seminar with the date of attendance and  verification that the owner or agent has complied with this section and is eligible to obtain, maintain or renew the operating license.

(C)  Any owner, managing agent, or designee of residential rental property is required to utilize a crime free lease addendum or have a clause
 in the lease similar to a crime free lease addendum for any leases executed after November 30,  2007.  Prior to issuance of an operating license, a completed operating license application must be filed with the  Clerk as outlined in 124.04 and a copy of the crime free lease addendum or least containing a crime free clause must be  provided with the application.  The Crime Free Multi- Housing Coordinator shall provide at no cost, samples of the crime free  lease addendum and shall review any clauses within actual leases with the Village Attorney to determine if the clause is  similar to the crime free lease addendum.  The clause to make criminal activity not limited to violent criminal activity or  drug related criminal activity engaged by, facilitated or permitted by the renter, member of the household, guest or other  party under the control of or permitted by the renter, member of the household, guest, or other party under the control of the  renter) a lease violence.  Under this clause, the landlord shall have authority to initiate an eviction proceeding as specified in  the Illinois Compiled Statutes, Forcible Entry and Detainer.  Proof of criminal violation shall be by a preponderance of the evidence.

(D)  It is hereby declared a nuisance and to be declared against the health, peace and comfort of the village for any property owner, agent  or
manager to allow or permit any of the following:

(1)  Rental of a residential unit or residential building within an apartment community or governed by a homeowner's  association to a
tenant who allows any of the following offenses to occur related to the tenant, member of the tenant's  household , guest or other party under control of the tenant to occur; murder, kidnapping, aggravated kidnapping, prostitution,  solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management , possession  of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling  place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act or  commission of any other crimes under the state or under the Federal Government not specifically listed above; and

(2)  Rental of a residential unit or residential building within an apartment community or governed by a homeowner's association to a tenant
 who allows any of the following offenses to occur relating to the tenant, member of the  tenant's household, guest or other party under control of the tenant to occur; commission of three or more village ordinance  violations in a six month period or an unreasonably high  number of calls for police service including, but not limited to, calls  that may fall within the descriptions listed above that when compared to other properties in the village of similar type,  reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of those  in the area.

(E)  Upon declaration of a nuisance as outlined above, whereby a property is being operated in a manner not conducive to the public health,
 morals or safety, the Village Manager may suspend and/or recommend revocation of any license pursuant to 124.18.  Further said declaration shall trigger the crime free lease addendum required for all such licenses, thereby authorizing landlords to commence eviction proceedings on the nuisance residential rental property.

(Ord. 7-40, passed 6-20-07)   Penalty, see 124.99

124.99  Penalty

Any person who violates the provisions of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not less than $100 or ore than $500 for each offense.  Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(Ord. 03-43, passed 8-20-03; Am. Ord. 03-59, passed 11-12-03)

Appendix:   Applications

9.  License Fees     Each application for license shall be accompanied by a license fee.  The license fee shall be determined by the following schedule (124.06):

Number of Units Owned                    License Fee
  3 to   50                                            $145 per Building and $5 Per Unit
 51 to 350                                            $95 per Building and $5 Per Unit
351 or more                                        $90 Per Building and $5 Per Unit

The owner of a multiple- family dwelling containing more than one hundred (100) units may elect to pay the license fee in two (2) installments.  The first installment shall be in the amount of fifty percent (50%) of the applicable license fee and shall be paid at the time of application.  The balance of the applicable license fee shall be paid on or before July 1 of  the license year.  In the event the balance of the license fee is not paid on or before July 1 of the license  year, the license shall be deemed to have terminated on July 2 of the license year, without further action by the village.

If a completed license application is not submitted together with the required license fee prior to January 1 in a  given year, the license fee shall be increased by an additional twenty percent (20%); and further , the base license fee shall be increased by an additional twenty percent (20% ) of the first additional twenty percent (20%) on the first of each  subsequent month, until such time as a complete license application and the required license fee is paid.