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Local town ordinances relating to apartment buildings and restaurants


Bensenville Multi-Unit Inspection Ordinance

Chapter 15

Dwelling Inspection Program

9-15-1  Definitions
9-15-2  Inspection Required
9-15-3  Applicability
9-15-4  Registry of Owners and Premises
9-15-5  Fees
9-15-6  Inspections
9-15-7  Inspection Warrants
9-15-8  Inspection Policy and Record .Keeping
9-15-9  Certificates of Inspections
9-15-10  Violations
9-15-11 Revocation of Certificates of Inspection
9-15-12  Appeal of Certificate of Inspection denied or Revoked
9-15-13  Penalty

9-15-1  Definitions

For the purpose of this chapter, the following words and phrases shall have the meaning given to them in this section. Whenever the words "dwelling", "dwelling unit", "housekeeping unit", "rooming house", "rooming unit" or "premises": are used in this code, they shall be construed as though they were followed by the words "or any part thereof".

Basement:  That portion of a structure which is partly or completely below grade.

Dwelling:  A building or portion thereof designed or used as a residence, including model homes but excluding boarding or lodging houses, nursing homes, motels, hotels, tourist homes, tents and recreational vehicles.

Dwelling, Multi-Family:  A building consisting of two (2) or more dwelling units

Dwelling, Single-Family:  A single dwelling unit and accessory uses thereto

Dwelling, Single-Family Attached:  A single-family dwelling attached o one or more single-family dwellings by one or more party walls with  each dwelling located on a separate subdivided lot.

Dwelling, Single-Family Detached:  A single-family dwelling, separated from other dwelling units by open space.

Dwelling, Townhouse:  A dwelling  unit that is attached to one or more other dwelling units on the same lot and has an individual private ground level entrance to the outside, and no portion of which is located above or  below any other premises or portion thereof.

Dwelling, Two-Family:  A building consisting of only two (2) dwelling units

Dwelling Unit:  A single unit providing complete, independent living facilities for one or more person, including permanent provisions for living, sleeping, eating, cooking and sanitation.

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, trapping or by any other recognized and legal pest elimination methods approved by the health department.

Floor Area, Dwelling Unit:  The area inside the exterior or fire walls of a building, exclusive of vent shafts, courts  and public places.

Floor Area, Room:  The next area within the finished walls of a room.

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, foyer or communicating corridors, closets, storage space or bomb shelter.

Housekeeping Unit:  A room or group of rooms forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within each unit, a toilet, lavatory and bathtub or shower.

Landlord:  An owner, agent or an owner or other person who rents or leases a dwelling, dwelling unit, housekeeping unit or rooming unit to a tenant under a rental agreement.

Occupant:  Any person, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit, housekeeping unit or rooming unit.

Operator:  Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

Owner:  Any person who alone or jointly or severally   with others.

A.  Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

B.  Shall have charge, care or control of any dwellings or dwelling unit, as owner or agent of the owner, prime tenant, or as executor,
executrix, administrator, administrator, trustee or guardian of the estate of the owner.  Any such person thus representing the actual owner shall be bound to comply with the provisions of this code, to the same extent as if such person were the owner.

Person:  Any individual, firm, corporation, association or partnership.

Rental Agreement:  An oral or written agreement covering a definite or indefinite period of time of one week or more between a landlord and a tenant for the renting or leasing of a dwelling, dwelling unit, housekeeping unit or rooming unit.

Rental Unit:  Any dwelling unit or housekeeping unit that is rented or leased or offered for rent or lease under a rental agreement.

Rooming House:  A building or part thereof that is not a hotel, motel or tourist home and that provides lodging rooms to three (3) or more paying guests who are not members of the keeper's family and mainly to no-transients.

Tenant: An occupant who occupies a dwelling, dwelling unit, housekeeping unit or rooming unit pursuant to a written or oral agreement with a landlord covering a definite or indefinite period of one week or more (Ord. 84-2010, 11-9-2010).

9-15-2  Inspection Required

A.  No person, whether an owner, manager, agent or sublessor shall operate, and no owner shall permit the operation of a dwelling unit or rooming
house or rent or lease or offer to rent or lease any rental unit unless such establishment or rental unit has been granted a certificate of inspection from the village as provided herein.

B.  No person in charge of any dwelling shall permit or allow any rental unit in such dwelling to be rented or leased unless such unit receives a
certificate of inspection as provided herein.

C.  The village shall cause periodic inspections of all dwelling units within the corporate limits of the village Ord. 84-2010, 11-9-2010).

9-15-3  Applicability

This chapter shall be applicable to all residential properties in the village (Ord. 84-2010, 11-9-2010).

9-15-4  Registry of Owners and Premises

A.  Registry
A registry of owners and premise shall be maintained by the community development department

B.  Owners and Premises:
The owners of one- and two-family dwellings and multiple-family dwelling units which are occupied at the time of enactment of this chapter by persons other than the owner, owners and/or persons not related to the owner or owners, will be offered to others for purposes of occupancy through rental or lease agreements, or by other mutually acceptable agreements leading to occupancy, shall register their names and places of residence or usual places of business and the location of the premises regulated by this chapter with the community development department of the village.  The  owners shall register within  ninety (90) days after the enactment of this chapter and thereafter shall re-register thirty (30) days prior to the expiration of a certificate of inspection issued by the village, which will be valid for a period of one year.  Within thirty (30) days of the change of ownership, the new ownership, the new owner shall re-register with the village in the same manner as previously set forth.

C.  Penalty:
Upon a finding of guilty for failing to register as required by this section, there shall be imposed a fine up to seven hundred fifty dollars ($750.00)  (Ord. 84-2010, 11-9-2010).

9-15-5  Fees

A.  Established by Board:  Fees for registration and related inspections shall be established as approved by the village board.

B. When Payable:  Fees are payable at the time of registration

Inspection Fees:

Type of Unit                Fee

Single-Family            $200    (includes registration and 2 inspections)
Two-Family                $225.00  (includes registration and 2 inspections)

There will be a fee of seventy-five dollars ($75.00) per unit charged for each additional reinspection after the initial two (2) inspections, payable prior to the reinspection.


Multi-Family
Units Per Building        Fee

    3-30                              $  70.00    plus $10.00 per unit
  31-60                              $  85.00    plus $10.00 per unit
  61-100                            $100.00    plus $10.00 per unit
101-150                            $150.00    plus $10.00 per unit
151-200                            $185.00    plus $10.00 per unit
201-250                            $235.00    plus $10.00 per unit
251-300                            $275.00    plus $10.00 per unit
301 and above                  $275.00    plus $10.00 per unit

C.  Penalties:
Upon a finding of guilty for failing to pay any fee required by this section, there shall be imposed a fine up to seven hundred fifty dollars ($750.00)  (Ord. 84-2010, 11-9-2010)

9-15-6  Inspections

A.  Annual inspections are required for all dwellings subject to this chapter.  Further, such inspections are specifically limited to one per year unless
 otherwise authorized by lawful consent or conducted pursuant to an administrative warrant issued pursuant to section 9-15-7 of this chapter.

B.  The scope and objects of inspections conducted pursuant to this chapter shall be specifically limited to what is reasonably necessary to ensure
a dwelling's or structure's compliance with the minimum standards of this code. Specific minimum standards shall include, but not be limited to, the following; compliance with permitted occupancy limitations, compliance with heat, light and ventilation requirements, compliance with structural, electrical, mechanical and sanitary requirements, avoidance of the cross connection of storm water sump pump and sanitary sewer systems, avoidance of the accumulation of  trash, rubbish and debris.

C.  Code enforcement officers may request permission to enter all premises regulated by this chapter at reasonable hours to undertake an
inspection for compliance.  (Ord. 84-2010, 11-9-2010).

9-15-7  Inspection Warrants

Where admission to premises to be inspected under the provisions of this chapter is refused by the occupant or person in  charge thereof, the village shall apply to a court of competent jurisdiction for an administrative search warrant to inspect the premises.  The administrative warrant shall be for the purpose of making an inspection to determine whether to determine whether the dwelling or  structure is in compliance with all of the provisions of this code.

An owner, occupant, or other person in charge of a dwelling or structure subject to the provisions of this code, who is presented with an administrative warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with,  restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the administrative warrant is sought to be made.

An administrative warrant sought pursuant to this section shall be sought in a court of competent jurisdiction, which court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:

A.  Eyewitness account of violations;

B.  Citizen complaints

C.  Tenant complaints

D.  Plain view violations

E.   Violations apparent from village records

F.  Property deterioration

G.  Age of property

H.  Nature of alleged violations

I.  Similar properties in the area;

J.  Documented violations on similar properties in the area

K.  Passage of time since last inspection

L.  Previous violations on the property

Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is a reason to believe that a condition of non-conformity exists with respect to a particular property in violation of any provisions of this code.  (Ord. 84-2010, 11-9-2010).

9-15-8  Inspection Policy and Record Keeping:

Where admission to premises to be inspected under the provisions of this chapter is refused by the occupant or person in charge thereof, the village shall apply to a court of competent jurisdiction for an administrative search warrant to inspect the premises. The administrative warrant shall be for the purpose of  making an inspection to determine whether the dwelling or structure is in compliance with all of the provisions of this code.

An owner, occupant, or other person in charge of a dwelling or structure subject to the provisions of this code who is presented with an administrative warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with, restrict, or obstruction entry and free access to any part of the structure or premises where inspection authorized by the administrative warrant is sought to be made.

An administrative warrant sought pursuant to this section shall be sought in a court of competent jurisdiction, which court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:

A.  Eyewitness account of violations

B.  Citizen complaints

C.  Tenant complaints

D.  Plain view violations

E.  Violations apparent from village records

F.  Property deterioration

G.  Age of property

H.  Nature of alleged violations

I.  Similar properties in the area

J.  Documented violations on similar properties in the area

K.  Passage of time since last inspection

L.  Previous violations on the property
Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislative and administrative standards which show that there is a reason to believe that a condition of nonconformity exists with respect to a particular property in violation of any provisions of this code.  (Ord. 84-2010, 11-9-2010)

9-15-9  Certificates of Inspection

A.  Dwellings subject to this chapter shall not be occupied unless a certificate of inspection has been issued by the village.  The rental certificate
shall be issued only upon prior inspection of the premises, except as provided in subsection D of this section.  The certificate of inspection shall be issued within fifteen (15 days after written application therefor if the dwelling at the date of application is entitled thereto.

B.  Upon  finding that there is no condition that would constitute a hazard to the health and safety of the occupants, and the premises are
otherwise fit for occupancy, the certificate shall be issued.  If the finding is of a condition that would constitute a hazard to health or  safety, no certificate of inspection shall be issued, and an order to comply with this chapter shall be issued and immediately and served upon the owner.  On reinspection and evidence of compliance, the order  shall be rescinded and a certificate of inspection issued.

C.  A certificate of inspection shall be issued on condition that the premises remain in a safe, healthful and fit conditions for  occupancy.
 If upon reinspection the village determines that   conditions exist which constitute a hazard to the health or safety of the occupants, the certificate of inspection may be immediately suspended and a notice shall be served upon the owner to  correct such violations.

D.  An owner or owner's authorized agent shall apply for a certificate of inspection.  Inspection and issuance of a certificate of  inspection shall
 be inn accordance with the requirements of this chapter and with procedures established by the village.  The  village may authorize the issuance of a temporary certificate of inspection without inspection for those premises in which  there are no violations of record as of the effective date of this chapter, and shall issue such temporary certificates of  inspection upon applications in cases where inspections are not made within a reasonable time.  Temporary certificates of  inspection may also be issued for premises with violations of record when the owner can show proof of action taken to  correct such conditions.

E.  It shall be required, and the responsibility of the owner to maintain the certificate of inspection, either temporary or permanent, as they are
issued, at the premises for which they are issued. The certificate of inspection shall be displayed on request of a code enforcement officer.  Failure to have the certificate of inspection, or display the certificate of inspection on request, shall constitute a separate offense for which the owner and/or occupant are liable.

F.  Buildings have more than two (2) dwelling units shall post the building certificates of inspection which shall list all dwelling units in said
building in addition to their permitted occupancy loads.  The building certificate of inspection shall be visible at all times.

G.  Dwelling units which are part f a building that contains three (3) or more dwelling  units shall receive a certificate of inspection issued to each
specific unit in addition to the building.  The building shall not receive a certificate of inspection until all dwelling units are in compliance with village codes.  (Ord. 84-2010, 11-9-2010).

9-15-10  Violations

A.  If, upon inspection, the premises or any part thereof are found to be in violation of any provision of this code to include, but not be limited to,
regulations set forth in titles 6 through 10 of this code, the violation(s) shall be recorded by the code enforcement officer and retained in the applicable owner and premises files.

B.  The owner and lessor or occupant shall be informed of the existence of the violation(s).  The owner and occupant/tenant are responsible for
abatement of violations.  The notice shall state the date, name of the code enforcement officer, the specific  details of the violation and the time within  which the correction shall b. e completed.

C.  A violation which is  determined to constitute a hazard to the health or safety of the occupants as defined in this chapter,  under circumstances
where the premises cannot be vacated, shall be ordered  corrected within the shortest reasonable time.  All other violations shall be corrected within a reasonable time as determined by the village.

D.  If  a violation of any village ordinance is found to exist on the premises and the violation(s) is not abated, the village may revoke the certificate
 of inspection issued.  If a certificate of inspection is revoked, a certificate of inspection shall not be reinstated or issued until all violations are abated.  (Ord. 84-2010, 11-9-2010).

9-15-11  Revocation of Certificates of Inspection

A.  A certificate of inspection may be revoked at any time during the occupancy of the rental unit for which the certificate of  inspection has
 been issued, should the code enforcement official determine, following a reasonable investigation, that the unit  no longer complies with the provisions of this code.  Prior to the revocation of a certificate of inspection, the code  enforcement division shall provide the owner, agent or manager and the tenant with a written report stating the defects noted  during the investigation and providing a reasonable time for the correction of said defects, except when the conditions of the  unit pose an immediate threat to the life and safety of the occupants, in which case the director of community development  shall issue a notice of revocation to the owner, agent or manager and the tenants immediately and shall then cause the unit to be vacated without delay.

B.  If a dwelling unit in a multi-family building is found to be in violation of an ordinance of the village, the village may  revoke or suspend the
building certificate of inspection issued to that building as well as the one issued to the specific unit.  The certificate of inspection shall remain revoked or suspended until said violation is abated.  (Ord. 84-2010, 11-9-2010)

9-15-12  Appeal of Certificate of Inspection Denied or Revoked

Any person whose application for a certificate of inspection has been denied or revoked or any person who is unable to  comply with the
provisions of this chapter with regard to obtaining a certificate of inspection prior to the issuance of a  certificate of inspection shall be granted an appeal to the community development commission.  Such notice of appeal shall be  filed within ten (10) days from the date of requirement to comply or denial or revocation of a certificate  of inspection.  The  community development commission may grant a variance from the requirements of this chapter only when the owner or  manager of a residential rental unit can prove that compliance with the requirements of this chapter will place an extreme hardship on the owner or manager of a rental property or where physical conditions make compliance impossible.  (Ord. 84-2010, 11-9-2010)

9-15-13  Penalty

Any person violating the terms and conditions of this chapter shall be subject to a penalty not exceeding seven hundred fifty  dollars ($750.00)
with each and every day that the violation of this chapter is allowed to remain in effect being deemed a complete and separate offense.  In addition, the appropriate authorities of the village may take such other action as they deem  proper to enforce the terms and conditions of this chapter including, without limitation, an action in equity to compel compliance with its terms.  That any person violating the terms of this chapter shall be subject, in addition to the foregoing  penalties, to the payment of court costs and reasonable attorney fees.  (Ord. 84-2010, 22-9-2010).