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Local town ordinances relating to apartment buildings and restaurants

Des Plaines Licensing of Residential Properties

City of DesPlaines Ordinance M-18-11

An ordinance amending the DesPlaines City code by amending the provisions titled "Licensing of Residential Properties Used for Rental Purposes" and "Crime Free Multi-housing Program" found in title 10, Chapter 3 and relocating both sections to Title 4, "Business Regulations".

NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Des Plaines as follows:

Section 1:   That Title 4, "Business Regulations", Chapter 1, "General License Regulations," Section 6, "License Fees", be amended to add licensing fees for rental properties and read as follows:

4-1-6     License Fees

A.  Fees:   Except where otherwise expressly provided in this code to the contrary, all fees and charges for licenses shall be paid in advance at the time of application therefore to the department of community and economic development and shall be in the amount s established in the following schedule of fees:

Schedule of Fees

                    Rental Properties License Fees:
                    Section               Term                                                                  Fee
                    4-18-1 F.            Multi-family  dwelling unit                               Annual        $   20.00
                    4-18-1 F.            Single-family attached dwelling unit                Annual        $   50.00
                    4-18-1 F.            Single-family detached dwelling unit                Annual        $100.00

4-18-1  Licensing of Residential Properties Used for Rental Purposes:

A.  Definitions

Rental Property:     Any residential property, including single-family detached dwelling units, single-family attached units, or multiple dwelling units, that are rented for income or payment, in return for the right to occupy or use the property of another, either part of the year or all year, and are non-owner occupied.

Single-Family Detached Dwelling Unit:     House
Single-Family Attached Unit:     Townhouse or condominium
Multiple Dwelling Unit:   Apartment

B.  License Required:     No person shall utilize a single-family detached dwelling unit, a single-family attached unit, a multiple
dwelling unit, unless he holds a current unrevoked license issued by the department of community and  economic development, in his  name for the specific single-family detached dwelling unit, or single-family attached dwelling unit, or multiple  dwelling unit.

C.  Period of License     No license shall be granted for a period longer than one year, every license shall expire on December 31
 following the date of its issuance and no license shall be granted for a sum less than the full annual license fee except as qualified by subsection 4-1-6 B.

D.  Requirements     The director of community and economic development or his designee, is hereby authorized, upon application
 thereof, to issue new  license for rental properties.  No such license shall be issued unless the rental property, in connection with which the license is sought, meets the following requirements:

1.  After inspection by the code official, the property if found to meet all applicable requirements of any codes adopted by the city  pertaining to health and fire prevention and applicable rules and regulations adopted pursuant thereto,and all laws of  the state regarding rental properties.

E.  Application Form     No rental property license shall be issued or renewed unless the applicant owner or managing agent has
first made application therefore on an application form provided by  the department of community and economic development.  Every application for a license shall contain the property owner's name, address and phone number.  If the property is owned by a partnership, firm or corporation, the application shall contain the name, business address and phone number of each designated agent.  If the property is in trust, the application must contain the name, address, ad hone number of the trust and each  of the trustees.  Post office boxes will not be accepted.

F.  Inspection:     No rental property license shall be issued or renewed unless the applicant owner or operator agrees in the application
 to inspections pursuant to section 10-1-9 of this City Code as the director of community development may require to determine whether the rental property for which such license is sought, is in compliance with the applicable provisions f this code and with the applicable rules and regulations adopted pursuant thereto.

G.  License Fee     No property license shall be issued or renewed unless the complete application form is accompanied by payment
of a license fee.  License fees are as set out in section 4-1-6 of this title.  A ten percent (10%) discount off the licensee fee will be given to those who successfully complete all three (3) certification levels of the Des Plaines crime free multi-housing program.

H.  Display of License     Each license shall be displayed in the foyer or other conspicuous place within the common ways of the
multiple dwelling units.

I.  Transferability     No license shall be transferable to another person, or to another rental property.  Every person holding a rental
 property license shall give notice in writing to the department of community and economic development within twenty-four (24) hours  after having transferred r otherwise disposed of the legal control of any licensed rental property.    Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such rental property.

J.  Record of Repairs and Changes     Every owner or agent of a licensed rental property shall keep or cause to be kept an accurate
record of all repairs, alterations and equipment changes relating to the provisions of this code or to any rules and regulations pertaining thereof, and of all corrections made as the result f inspections by the code official.  The owner, when requested, shall make such record available to the director of community and economic development.  Every owner subject to this section shall be notified that such record may be used in administrative or judicial proceedings pursuant to the provisions of this code.  The department of community and economic development shall, upon issuance of a license as required in subsection  B of this section, advise the licensee of the necessity for such record keeping and the manner in which such record shall be kept.

K.  Notice of Violation     Whenever, upon inspection of the licensed rental property or upon inspection of the records required to be kept
 by subsection J of this section, the director of community and economic development finds that conditions or practices exist which are in violation of the provisions of any provision of any code adopted by the city or of any applicable rules and regulations adopted pursuant thereto, the director shall serve the owner with notice of such violation  in the manner hereinafter provided.  Such notice shall state that unless the violation(s) cited is corrected within a reasonable time period, the rental property license may be suspended or revoked.

L.  Reinspection     At the end of the time the director of community and economic development has allowed for correction of any
 violation cited, the code official shall reinspect the rental property and if he determines that such condition(s) has not been corrected, the director of community and economic development may issue an order suspending the rental property license.

M.  Crime Free Multi-housing Seminar     Any owner, agent or designee may be required to attend the city of Des Plaines crime free
multi-housing seminar at the request of the city manager based on the following considerations:

1.  If the property rented by the owner is becoming a nuisance residential property as defined in section 4-18A-1 of this code.

2.  Criminal activity is occurring on the premises and the landlord has failed to initiate eviction proceedings.

N.  Appeal, Suspension and Revocation of License     Any person whose license for a rental property that has  been suspended or
revoked, shall be entitled to a hearing through the Administrative Hearings Program.  A hearing may be scheduled by sending a written appeal with grounds thereof to 1-16-7.  If no appeal is made, the director of community and economic development within ten (10) days following the issuance of the order of suspension or revocation, the license shall be revoked, except that prior to revocation any person whose license has been suspended may request reinspection, upon a showing that the violation or violations cited in the notice have been corrected.

O.  Reinstatement of License     If, upon reinspection, the code enforcement office finds that a licensed residential rental property, in
 connection with the notice issued is now in compliance with this code, and with applicable rules and regulations issued pursuant thereto, the code enforcement officer shall reinstate the rental property license.

P.  Conviction       If the licensee is convicted by a court or administrative tribunal of a violation of any applicable ordinance of the city in connection with the licensed rental property, then the license may be subject to suspension or revocation without further notice.

Q.  Extremely Hazardous Conditions     In the event of a condition of extreme hazard to health or safety is found to exist, the code enforcement officer may immediately suspend the license and post the property uninhabitable.

R.  Penalty   Any person violating any of the provisions of this section shall be fined as set out in the general penalty in section 1-4-1 of this  code for each offense.  A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Article A    Crime Free Multi-housing Program

4-18A-1  Crime Free Multi-housing Program

All owners of dwelling rental units shall comply with the provisions of this crime free multi-housing program.  An owner may designate a property manager to obtain compliance on his behalf.  However, the owner remains responsible for compliance with this program.

A.  Attendance:     Any owner of property, which property is being rented out for residential purposes shall attend and complete the city of Des Plaines crime free multi-housing program seminar.  The owner, agent or designee shall attend the seminar prior to obtaining or being issued a city of Des Plains residential rental property license.  Any current license holders shall have until January 1, 2010, to attend the city of Des Plaines crime free multi-housing program.

B.  Conditional License:     In the event a city of Des Plaines crime free multi-housing program seminar is not available prior to obtaining the operating license, a conditional license may be issued subject to the owner, agent or designee attending th city of Des Plaines crime free multi-housing program seminar within three (3) months of issuance of the license.  In the event that seminar is not successfully completed within three (3) months, the license shall be void without any need of further action.  After the seminar is successfully completed, the license shall be issued for the  balance of the year.

C.  Time Limit:     A property manager shall be considered an agent of the owner.  If a new manager is hired, the new manager shall have three (3) months after hiring to attend the city of Des Plaines crime free multi-housing program seminar.

D.  Record of Attendance:     The crime free multi-housing coordinator, as designated by the chief of police, shall provide the Director of Community and Economic Development with a list of owners, agents and/or designee who have attended the city of Des Plaines crime free multi-housing program seminar, with the date of attendance and verification that the owner, agent or designee has complied with this section.

E.  Crime Free Lease Addendum:    Any owner, agent or designee of residential rental property must 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 January 1, 2010.  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 city legal division to determine if the clause is similar to the crime free lease addendum.  The purpose of the clause is intended to make criminal activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by, or permitted by the renter, member of the household, guest or other party under the control of the renter) a lease violation.  Violation of the clause shall be  grounds to initiate an eviction  proceeding as specified in the Illinois Compiled Statutes forcibly entry and detainer statutes.  For the purpose of this ordinance, proof of criminal violation shall be by a preponderance of the evidence.

F.  Nuisance Residential Rental Property:   It is hereby declared a nuisance and to be declared against the health, peace and comfort of the city for any property owner, agent, or manager to allow or permit the following:

1)  rental of a residential unit, or residential building within an apartment community or governed by a homeowners' association to a tenant who allows any of th following offenses to  occur relating to the tenant, member of the tenant, household, guest, or other party under control of the tenant to occur  murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, child pornography, storage or manufacture of harmful materials, 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 two (2) or more of any other crimes under the state of Illinois or under the federal government not specifically listed above;

2)  rental of a residential unit, or residential building within an apartment community or governed by a homeowners' association  to a tenant who allows said property to be deemed a chronic nuisance property as set forth in title 5, chapter 4 of this code.

Section 3:       If any paragraph, section, clause or provision of this Ordinance is held invalid, the remainder shall continue in full force and
 effect without affecting the validity of the remaining portions of the Ordinance

Section 4:     That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form
according to law

Passed this 20th day of June, 2011