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Local town ordinances relating to apartment buildings and restaurants

Elmwood Park Apartment Inspections and License

Chapter 41B

Rental Residential Property

41B-1  Purpose
41B-2  Inspection Rights and Penalties
41B-3  Definitions
41B-4  License Required
41B-5  License Application and Requirements
41B-6  Enforcement
41B-7  Violations
41B-8  Owner Responsibilities
41B-9  Tenant Responsibilities
41B-10  Violations, Material Breach
41B-11  Penalty for Violation

Sec. 41B-1  Purpose

It is hereby declared that the purpose of this chapter is to provide for the licensing of rental residential property in order to protect, preserve and promote public health, safety and  welfare.  (Ord.  2011-14, 6-6-2011)

Sec. 41B-2  Inspection Rights and Penalties

This chapter shall not be construed to impede in any way the right of the village to inspect any property pursuant to any other provisions of this code, nor to seek penalties for violations of other provisions of this code (Ord. 20-11-14, 6-6-2011).

Sec. 41B-3  Definitions

For the purpose of this chapter, the following words and phrases shall have the  meanings respectively ascribed to the by this section:

Family Members:  Persons related by blood or marriage

Multiple-Family Rental Residential Property:  Rental residential property containing two (2) or more dwelling units.

Premises:  A lot, plot or parcel of land, including the interior and exterior of any structures thereon.

Rental Residential Property:  Residential structures or welling units intended to be rented or leased, including single-family detached structures containing only one dwelling unit, condominium units, townhouse units, and multiple-family residential structures and intended to e used as a home, residence or sleeping place by one or more  persons who maintain a household, together with all land, appurtenances, buildings and common areas.

Residential Rental Agreement:  All written or oral agreements of whatever duration which embody the terms and conditions concerning the use of and occupancy of a residential dwelling unit.  Words or phrases as used int his chapter and not herein defined shall be defined as provided by the international property maintenance code, 2003 edition and international building code, 2003 edition, as amended (Ord. 2011-14, 6-6-2011). 

Sec. 41B-4  License Required

(a)  It shall be unlawful for any person, firm, partnership, association, corporation or other legal entity to operate, maintain or offer to rent or
rent within the village any "rental residential property" as defined in section 41B-3 of  this chapter, whether vacant or occupied, without first having obtained and maintained a current license, as provided in this chapter.

(b)  It shall be unlawful for any person to occupy a "rental residential property", as defined in section 41B-3 of this chapter, or for any owner
 to allow anyone to occupy a "rental residential property", as defined in section 41B-3 of this chapter, which is not currently licensed, as provided in this chapter.

(c)  This chapter shall not apply to the following structures:

(1)  Hotels, motels, and other structures which rent rooms to occupants if such occupancy is transient only;

(2)  Dwellings, buildings, structures and uses licensed and inspected by the state or federal government, including but not limited to,
nursing homes, retirement  communities and rest homes;

(3)  Dwellings, buildings and structures used or owned by other governmental agencies and public housing authorities and otherwise
inspected by them for compliance; and

(4)  Dwelling units in rental residential property, all of which are leased to or inhabited by family members of the property owner.
 (Ord. 2011-14,. 6-6-2011). 

Sec. 41B-5  License Application and Requirements

(a)   Each applicant for a license to maintain a rental residential property for the purpose of renting it to others shall file a written application
 with the code administration department, stating:

(1)  The full legal name, address and home and work telephone number of every owner;

(2)  For rental residential property which is held in a trust, the name, address and phone number of the trustee and a person with the
 power of direction  regarding such trust shall be provided;

(3)  The address of the rental residential property;

(4)  The number of dwelling units, if the rental residential property is a multiple-family rental residential property;

(5)  The name, address and phone number of any management company retained as property agent for the property;

(6)  The name, address and twenty-four (24) hour phone number or phone numbers of a responsible person who, in  emergency
 situations will be available on a twenty-four (24) hour basis and who has the authority to make repairs or  to authorize repairs to the rental residential property as needed, whether or not on an emergency basis; and

(7)  If the property is a multiple-family rental residential property, the square footage of the property designated for  living and sleeping
purpose, including individual room sizes, as provided by the village's property maintenance and/or dwelling code(s) as amended.

(b)  Each application for a new rental residential license or a renewal of an existing rental residential license shall be  accompanied by a fee
of twenty-five dollars ($25.00), for single-family detached structures, single townhouse units,  and single condominium units.  For multiple-family residential structures, the fee shall be twenty-five dollars  ($25.00) for the first rental unit and ten dollars (10.00) for each additional rental unit located on the subject  property, excluding owner occupied units and units rented or occupied by the property owner's family members.  All  such fees shall be payable at the code administration department.

(c)  All license fees shall be due and payable on or before July 1 of each calendar year.  All licenses shall expire on June 30 of each calendar
year.  License fees that remain unpaid after June 30 shall be assessed a late payment fee of  twenty-five dollars ($25.00) in addition  to the license fee.

(d)  Whenever there is a change in the ownership of a rental residential property or the owner's property agent or manager, the owner(s) shall
 be required, within thirty (30) days of such change, to file an updated written notice with the code administration department indicating such changes.

(e)  A license for a rental residential property cannot be transferred to another rental residential property, nor to a succeeding owner
  (Ord. 2011-14, 6-6-2011).

Sec. 41B-6  Enforcement

It shall be the duty of the code administration department to enforce the provisions of this chapter as authorized by this code and as amended from time to time by the village.  (Ord. 2011-14, 6-6-2011).

Sec. 41B-7  Violation

Failure of the owner or owners of record of rental residential property to license such property  with the village shall constitute a violation of this chapter (Ord. 2011-14, 6-6-2011).

Sec. 41B-8  Owner Responsibility

The owner(s) of a rental residential property shall inform each tenant, in writing, prior to occupancy, of the  maximum number of persons, per dwelling unit, allowable by the village property maintenance and/or dwelling  code, as amended. The maximum number of persons per dwelling shall be determined by a village inspector, in  accordance with this code and any and all adopted codes.  (Ord. 2011-14, 6-6-2011).

Sec. 41B-9  Tenant Responsibilities

The following provisions shall be implied by law to be a term of every residential rental agreement in effect within the village as of and after the effective date hereof;

(a)  Every tenant, occupant or resident shall  comply with all obligations imposed specifically upon tenants by provisions of this code applicable
 to residential dwelling units;

(b)  Every tenant, occupant or resident shall dispose of all ashes, rubbish, garbage and other waste from his dwelling unit in a clean and safe

(c)  Every tenant, occupant or resident shall not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises
 or knowingly permit any person on the premises with his/her consent to do so, and

(d)  Every tenant, occupant or resident shall conduct himself/herself and require other persons on the premises with  his/her consent to conduct
themselves in a manner that will not disturb the neighbors' peaceful enjoyment of their  premises.    (Ord. 2011-14, 6-6-2011).

Sec. 41B-10  Violation;  Material Breach

Any violation of the provisions of section 41B-9 of this chapter or chapter 41C of this code shall be deemed to be a material breach of any residential rental agreement or any other lease agreement or rental agreement.  (Ord. 2011-14, 6-6-2011).

Sec. 41B-11  Penalty for Violation

Any person, firm, partnership or corporation violating any of the provisions of this chapter, in addition to other legal and equitable remedies available to the village shall, upon conviction or finding of liable, whether by a court of  competent jurisdiction or administrative hearing officer, be subject to a fine of not less than fifty-dollars ($50.00) nor  more than seven hundred fifty dollars ($750.00) for each violation.  Each day during which a violation of this chapter  constitutes or is permitted to exist shall be considered a separate and distinct offense.  (Ord. 2011-14, 6-6-2011).