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Local town ordinances relating to apartment buildings and restaurants

Evanston Registration of Rental Buildings


Section:
5-8-1  Purpose
5-8-2  Definitions
5-8-3  Registration Required
5-8-4  Registration; Fee; Certificate
5-8-5  Amended Registrations
5-8-6  Enforcement
5-8-7  Penalties
5-8-8  Notice of City Code Violations
5-8-9  Condominium and Town home Associations; Management Companies

5-8-1  Purpose

The purpose of this chapter is to promote the public health, safety and  welfare by requiring the registration of all buildings within the city of Evanston that contain rental dwelling units to promote more comprehensive inspections thereof, and more efficient notice of such inspections to the owners thereof.

(Ord. 42-0-08)

5-8-2  Definitions

For the purpose of this chapter, unless the context requires otherwise, the following terms shall have the following meanings:

Building
A structure, or part thereof, enclosing space designed or used for dwelling units offered for rent
Department
The city of Evanston community development department
Director
The director of community development or his or her designee
Dwelling Unit
A single unit of one or more contiguous rooms containing individual cooking, sleeping and sanitary facilities for one or more persons
Owner
Any person, agent, operator, firm or corporation having a legal or equitable interest in real property; or recorded in the official records of the state, county or municipality as holding the  title to the real property; or otherwise having control of the real property, including the guardian of any such person, or the executor or administrator of the estate of any such person.  Throughout this chapter, the singular shall include the plural

(Ord. 42-0-08)


5-8-3  Registration Required

(A)  The owner of any building shall file a registration statement for each such building with the department on forms provided by the department for such purposes; provided, however, that the registration of a vacant building pursuant to title 4, chapter 20 of this code shall satisfy the registration requirement of this chapter.  Any such registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the city against the owner of the building.  For purposes of this chapter,  a post office box does not suffice as a street address.  The registration statement shall include the following information:

1)  The name,   street address, telephone number, and e-mail address of each owner of the building.  If the owner is a
partnership, corporation, or voluntary unincorporated association, the statement shall further include the name, street address, telephone number, and e-mail address, and position of a responsible partner or officer.  If the owner is a corporation, the statement shall also include the name, street  address, telephone number, and e-mail address of the registered agent thereof.

2)  The name, street address, telephone number, and e-mail address of a natural person twenty one (21) years of age or older,
designated by the owner as the authorized agent for receiving notices of city code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner in connection  with the enforcement of this code.  Notwithstanding the foregoing, this person may be between eighteen (18) and  twenty one (21 ) years of age provided that the registration statement includes proof that said person has a valid  realtor's license, issued pursuant to the Illinois real estate license act, 225 Illinois Compiled Statutes 454/1-1 et seq.,  as amended.  This person must maintain an office in Cook County, Illinois, or must actually reside within Cook  County, Illinois.  An owner who is a natural person and who meets the requirements of this subsection as to location  of residence or office may designate himself/herself as agent;

3)  The name, street address, telephone number, and e-mail address of the owner's agent for the purpose of managing,
 controlling or collecting rents, and any other person who is not an owner but who controls such building, if any;

4)  The name, street  address, and telephone number of each company that provides an insurance policy for the building;

5)  The street address(es) and property index number(s) of the building, and the number of dwelling units therein.

(B)  Notwithstanding the foregoing, no registration shall be required for;

1)  Lodging establishments governed by chapter 2 of this title;

2)  Buildings licensed and inspect3ed by the state of Illinois or the government, including but not limited to, nursing homes,
 retirement centers, rest homes; or

3)  Buildings owned by governmental agencies or public housing authorities.

(Ord. 42-0-08)

5-8-4  Registration; Fee; Certificate

(A)  The owner of a building shall register the building with the department no later than December 31 of each year.  The owner' shall
 certify that the information provided on the registration statement is true and correct.

(B)  The owner of a building shall pay an annual registration fee for each building so registered at the time the owner  files the annual
registration statement, as per the table below.  The registration fee shall not be prorated.  If the owner  of a building that contains no more than two (2) dwelling units is a person sixty five (65) years of age or older, resides in one of the two (2) dwelling units in the building, and furnishes proof with the application that he/she has  qualified for the state of Illinois circuit breaker program, he/she shall be required to pay fifty percent (50%) of the  registration fee.

Building Type
Registration Fee

Single-family
 $20.00

Condominiums
 $20.00
per owner of rental dwelling unit(s) per building
Apartments with:


  2    to    4 dwelling units
 $30.00

  5    to  12 dwelling units
 $50.00

 13   to  24 dwelling units
 $100.00

 25   to  50 dwelling units
 $150.00

 51   to  100 dwelling units
 $300

101 + dwelling units
 $500


(C)  Upon registration and payment of the applicable fee, the director shall issue a certificate of registration to the owner that certifies
 that the owner has registered the building in compliance with the terms of this chapter.

(Ord. 42-0-08)

5-8-5  Amended Registrations

The owner of a building required to register with the department pursuant to the terms of this chapter shall notify the department, within twenty (20) business days, of any change in the registration information by filing an amended registration statement on a form provided by the department for such purpose.  There shall be no additional fee for filing an amended registration statement.

5-8-6  Enforcement

(A)  The director and the department shall enforce the terms of this chapter by any lawful means, including, but not limited to,
 proceedings in the circuit court or the city's division of administrative hearings.

(B)  The director may refuse to issue any permit(s) required by this code for any construction, alteration, installation, razing or
other work done in or on any "building" as defined in this chapter, or any certificate of occupancy required by this code for such a building, unless the owner(s) or other applicant for such permit(s) or certificate(s) presents a current certificate of registration for the building.

(C)  The city clerk shall issue no real estate transfer tax stamps for a transfer involving a "building", as defined in this chapter,
 unless the grantor or seller presents a current certificate of registration for the building.

(Ord. 42-0-08)

5-8-7  Penalties

(A)  Each day that any building is not registered in accordance with the provisions of this chapter shall constitute a separate and
distinct offense

(B)  In addition to any of the penalties provided in this chapter, any person violating the terms of this chapter shall, upon conviction
 thereof, be fined seventy five dollars ($75.00) for the first offense, two hundred dollars ($200.00) for the second offense in any one hundred eighty (280) day period, and three hundred seventy five dollars ($375.00) for the third and any subsequent offense in any one hundred eighty (180) day period.

(C)  The intentional submission of false information on a registration statement or an amended registration statement filed pursuant
 to this chapter shall be an offense punishable by a fine  of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).  Each day that such information remains uncorrected by the owner(s) shall constitute a separate and distinct offense.

(D)  Any fines shall be debts  due and owing  to the city that the city may collect by any means allowed by law, including but not limited
 to, filing a lien against the building.

(Ord. 42-0-08)

5-8-8  Notice of City Code Violations

(A)  By designating an authorized agent pursuant to the terms of subsection 5-8-3(A)2 of this chapter, the owner consents to receiver
any and all notices of city code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce  city code provisions concerning the registered building by service of the notice or process on the authorized agent until the owner files an amended registration statement or new annual registration statement pursuant to the terms of this chapter.

(B)  Any owner who fails to register a building pursuant to the provisions of this chapter shall further be deemed to consent to receive,
by posting at the building, any and all notices of city code violations and all process in an administrative proceeding brought to enforce city code provisions concerning the building.

(C)  The terms of this section shall supersede any conflicting or  contradictory notice provisions contained within this code.

(Ord. 42-0-08)

5-8-9  Condominium and Town Home Associations; Management Companies

All condominium associations, town home associations, and/or management companies that maintain records of condominium and/or town home units, offered for rent, shall, on an annual basis and no later than December 31 of each year, provide to the department the names and current mailing addresses of all owners of said units and, if available, the names of tenants occupying said units.

(Ord. 103-0-09)