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Local town ordinances relating to apartment buildings and restaurants

Mt. Prospect Ordinances for Multi-Unit Buildings

23.1801  Purpose and declaration of Policy

It is the purpose of this article and the policy of the village, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations  of the landlord and the tenant in the rental of dwelling units in the village and to encourage the landlord and the tenant to maintain and improve the quality of rental housing within the community.  This article shall be liberally construed and applied to promote its purposes and polices.  (Ord. 3366, 9-6-1983).

A.  Territorial Application:  This article applies to, regulates and determines rights, obligations and remedies under a rental agreement,
whenever made, for a dwelling unit located within the village.

B.  Exclusions:  The following arrangements are not governed herein:

1.  Residence at a public or private medical, geriatric, educational, religious, nursing or retirement institution;

2.  Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser;

3.  Residence in a residential care home as provided for and approved by the village pursuant to the procedures established in
Chapter 14 of this code; and

4.  Transient occupancy in a hotel or motel licensed by the village.  (Ord. 3366, 9-6-1983; amend. Ord. 5619, 3-6-2007)

23.1803  Definitions

As used in this article:

Action:    Recoupment, counterclaim, set off, suit at law or in equity, and any other proceeding in which rights are determined, including an action for possession and or an action for unpaid rent.

"As Vacant" Basis or Inspection:     Inspection of a dwelling unit of an inspection group whenever a lease expires and is not renewed, or a tenant vacates a dwelling unit.

Certified as Residential Operator or Certification as a Residential Operator:    The annual certification of landlord of a residential unit or structure, who has been issued a residential operator's license, a security certificate and a certificate for completing the community awareness training program.

Chronic Public Nuisance Property:   Any rental unit at, in or on which any three (3) or more public nuisances have occurred within any one year period, and any multi-family rental structure at,  in or on which any six (6) or more public nuisances have occurred within any one  year period.

Code:   Any state statute, village ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or  dwelling unit

Community Awareness Training Program:   An annual training program sponsored by the Mount Prospect police department to promote crime prevention through community awareness.

Compliance Time Period:   The time period in which certain code violations must be remedied pursuant to a notice of violation pursuant to an inspection.

Conditional License:   A temporary residential operator's license issued to permit the rental of a rental unit or structure where:

A.  A violation or violations of applicable regulations exist
B.  Outstanding fees remain unpaid to the village;
C.  Outstanding judgments remain unsatisfied:  or
D.  A landlord is permitted to rent a rental unit or structure prior to attendance by the landlord, or a designated agent, at the required
 crime free housing seminar.
Condominium:   Any dwelling unit under individual ownership in a multi-unit structure as provided in the condominium property act of the state of Illinois.

Condominium Association:  Any organization or association which governs the operation of common areas or service for two (2) or more condominiums as provided in the condominium property act of the state of Illinois

Crime Free Housing Seminar:  A seminar sponsored by the Mount Prospect police department to provide information to landlords and their designated agents regarding the landlord-tenant requirements under this code, including the crime free housing lease provision.

Director:  The director of the department of community development or his/her designee

Dwelling Unit:  One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping.

Enforcement Fees:  Fees required pursuant to section 23.1817 of this article.

Fair Rental Value:  The prevailing value of comparable rental units in the village.

Incentive schedule:  As an incentive to promote property owners' compliance with village regulations, an inspection schedule is reduced in frequency based upon a finding of no violations on a property as the result of an inspection.

Inspection Group:  That portion of a building or those buildings within an apartment complex as may be under the same legal and/or beneficial ownership.

Judgment:  An order entered by the administrative law judge pursuant to chapter 8, article XXI of this code or a court of competent jurisdiction, awarding fines, fees, costs and/or damages to the village for violations of this code or state or federal law, in any way related to certain property.

Landlord:  The owner, lessor or sublessor of the dwelling unit or the building of which it is a part.

Multi-Family Rental Structure:  A building which contains three (3) or more dwelling units, of which at least fifty percent (50%) are rental units

Notice:   Unless otherwise stated, all notices required herein shall be in writing and shall be served by one party upon the other by registered or certified mail, return receipt requested, or personally upon the landlord, lessee or member of his household over the age of twelve (12).  Service of notice of eviction for failure to pay rent may be posted where an attempt to serve by certified mail or by personal  service has been unsuccessful.

Outstanding Fees:  Enforcement fees that remain unpaid to the village.

Outstanding Judgment:  Judgments that remain unsatisfied after judicial review proceedings have been exhausted or the time to request such review has expired.

Owner:  One or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession.

Permit:  To suffer, allow, approve, consent to, acquiesce in or agree to the doing of an act, including the failure to prevent through inaction.

Person:  An individual or a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association or any other legal or commercial entity.

Premises:  A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.

Public Nuisance:  The following criminal offenses are hereby declared to be public nuisances and may be considered in determining whether or not a chronic public nuisance property exists:

A.  Any offense defined and prohibited by article 9 (homicide) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/9-1 et. seq.

B.  Any offense defined and prohibited by article 10 (kidnapping and related offenses) of the criminal code of 1961,
720 Illinois Compiled Statutes 5/10-1 et. seq.

C.  Any offenses defined and prohibited by section 11-14 (prostitution), section 11-15 (soliciting for prostitute), section 11-16
 (pandering), section 11-17 (keeping a place of prostitution), section 11-20 (obscenity), section 11-20.1  (child pornography), or section 11-21 (harmful material to minors) of the criminal code of 1961, 720 Illinois Compiled statutes 5/11-14, 5/11-15, 5/11-16, 5/11-17, 5/11-20, 5/11-20.1 and 5/11-21.

D.  Any offense defined and prohibited by article 12 (bodily harm) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/12 et. seq.

E.  Any offense defined and prohibited by article 16 (theft) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/16-1 et. seq.

F.  Any offense defined and prohibited by article 20-2 (possession of explosives or incendiary devices) of the criminal code of 1961,
 720 Illinois Compiled Statutes 5/20-2 et. seq.

G.  Any offense defined and prohibited by article 24 (deadly weapons) of the criminal code of 1961, 720 Illinois Compiled  Statutes
 5/24-1 et. seq.

H.  Any offenses defined and prohibited by article 25 (mob action) of the criminal code of 1961, 720 Illinois Compiled Statutes
 5/25-1 et. seq.

I.  Any offense defined and prohibited by section 26-2 (disorderly conduct) of the criminal code of 1961, 720 Illinois Compiled
Statutes 5/26-1 et seq.

J.  Any offense defined and prohibited by article 28 (gambling) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/28-1 et. seq.

K.  Any offense defined and prohibited by article 31 (interference with public officers) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/31-2 et. seq.

L.  Any offense defined and prohibited by section 6-16 (prohibited sales and possession) or section 6-20 (purchase or acceptance of gift of liquor by persons under age 21) of the liquor control act of 1934, 235 Illinois Compiled Statutes, 5/16-16 and 5/6-20.

M.  Any offense defined and prohibited by the Illinois controlled substances act, 720 Illinois Compiled Statutes 570/100 et. seq.

N.  Any offense defined and prohibited by the cannabis control act, 720 Illinois Compiled Statutes 550/1 et. seq.

O.  Any inchoate offense defined and prohibited by article 8 (inchoate offenses) of the criminal code of 1961, 720 Illinois Compiled Statutes 5/8-1 et. seq., which is relative to the commission of any of the aforesaid principal offenses.

P.  Any offense defined and prohibited by articles I through VIII of this chapter.

Public Nuisance activity:  The commission of any act or conduct, which constitutes any of the offenses declared to be a public nuisance

Regular Schedule or Regular Inspection Schedule:  The initial and subsequent annual license inspections of multi-family rental structures.

Rent:  All payments to be made to the landlord under the rental agreement.

Rental Agreement:  Any agreements and valid  rules and regulations adopted pursuant to agreement under subsection 23.1806 B of this article, embodying the terms and conditions concerning the use and occupancy of a specified dwelling unit and premises.

Rental Structure:  Any "building", as defined in section 21.501 of this code which building includes a dwelling unit or units for rent, to include single-family residences, multi-family rental structures, and buildings with less than three (3) dwelling units.

Rental Unit:  A dwelling unit in a rental structure occupied or available for occupancy by one or more persons, other than the owner of record, under a rental agreement.

Residential Operator's License:  A license to rent a rental unit or renal structure as required by this article

Security Certificate:  A certificate issued to a property owner  upon completion and review of a crime prevention analysis conducted by the police department, which includes, among other things, conducting a crime prevention through environmental design survey, and presentation of safety tips to protect the property, its occupants and visitors, as well as the owner's implementation of any security recommendations within a reasonable period of time, as determined by the director.

Security Survey:  An analysis of property and locale characteristics, conducted by the police department, to determine the vulnerability of the property, occupants and visitors to criminal activity, and to make recommendations to reduce criminal activity and promote safety based upon those  observations.

Tenant:  A person entitled under a rental agreement to occupy a rental unit.

Term Usage:  Whenever herein the term "person", "landlord" or "tenant" is used n the masculine or singular form, said term shall also include and refer to the feminine  or plural form.

Village:  The village of Mount Prospect

Village Manager:  The village manager or any person acting in the manager's stead or as appointed by the village manager to act as his/her agent.

Warning Condition:  A deviation or variance from the standards of the property maintenance code which typically does not threaten the health or safety of the residents in a structure which is otherwise in good repair.  It is recognized that such conditions, in sufficient number, may become a threat to the welfare of the village.  Warning conditions shall not disqualify an inspection group from participating in the incentive program unless at the time of the annual or other inspection the inspection group has a total  number of warning conditions that exceeds the number of units in the inspection group; and  all of those warning conditions are corrected within six (6) months of the inspection.  If all  of the warning conditions are not corrected within the six (6) month time period, the inspection group may become subject to the regular schedule and the unresolved warning conditions may be deemed violations which may lead to revocation.

Examples of warning conditions are:

A.  Small non-structural crack in wall or ceiling

B.  Screen with a tear or hole less than one-half inch (1/2")

C.  Loosen but functioning doorknob

D.  Dripping faucet

E.  Crack less than one-half inch (1/2") in width and hole less than three inches (3") in diameter in walkway.

F.  Non-functioning closet door

G.  Loose hinge on cabinet door

H.  Minor peeling paint occurring on less than five percent (5%) of painted surface.

I.  Tree or brush branches scraping against a structure.

J.  Other non-safety related condition that is consistent with the definition and character of these examples.  (Ord. 3366, 9-6-1983; amended Ord. 4728, 5-16 1995; Ord. 4868, 6-17-1997; Ord. 5536, 1-17-2006; Ord. 5619, 3-6-2007; Ord. 5745, 6-16-2009; Ord. 5807, 8-3-2010).

23.1804  Rental Agreements

A.  Terms and Conditions

1.  The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this article and other
 rules of law, including rent, term of the agreement and other provisions governing the rights and obligations of the parties.

2.  The landlord and tenant shall include in a rental agreement terms and conditions required by this article.

excepted in subsection B of this section, must be in writing, dated and signed by both parties with signed copies provided to both at the time of signing.

4.  Rent is to be payable without demand or notice at the time and place agreed upon by the parties.  Unless otherwise agreed,
rent is payable at the landlord's place of business at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.  Unless otherwise agreed, rent shall be uniformly apportionable from day to day.

5.  Unless the rental agreement fixes a definite term, the tenancy shall be week to week in case of a tenant who pays weekly rent
and in all other cases month to month.

6.  The lease shall inform the tenant that the interior of the unit may be subject to regular inspection and/or investigation of
complaints of violations for compliance with village codes to ensure the health, safety and welfare of the residents and the public.

B.  Effect of Unsigned or Undelivered Agreement:

1.  If the landlord does not sign and deliver a written rental agreements to the tenant which has been signed and delivered by the
 tenant to the landlord, acceptance of rent without reservation by the landlord gives the rental agreement the same effect as if it had been signed and delivered by the landlord, for the term set forth in the rental agreement.

2.  If the tenant does not sign and deliver a written rental agreement to the landlord which has been signed and delivered by the
landlord to the tenant, acceptance of possession and payment of rent without reservation gives the rental agreement the same effect as if it had been signed and delivered by the tenant.

3.  For delivery of notice, as required in subsections B1 and B2 of this section, to become effective, delivery must be sent certified
 mail, receipt requested, or made by personal service, in which case the land lord or tenant, as the case may be, delivering the written rental agreement must request the person receiving the agreement, which may include the respective landlord, landlord's agent, lessee or member of the household over the age of twelve (12) to acknowledge  receipt in writing on a duplicate copy of the agreement.  Evidence that the rental agreement was sent certified mail and signed for or returned without being accepted or that receipt of the rental agreement was otherwise acknowledged in writing, as set forth herein, shall create a  rebuttable presumption of delivery.

C.  Prohibited Provisions:

1.  Except as otherwise provided by this article, no rental agreement may provide that the tenant or the landlord:

a.  Agrees to waive or to forgo rights or remedies under this article;

b. Authorizes any person to confess judgment on a claim arising out of the rental agreement:

c.  Agrees to the limitation of any liability of the landlord or tenant arising under law or to indemnify the landlord or tenant for that liability or the costs connected therewith.  Provided, however, hat nothing contained herein precludes indemnification of the other party by the party found to be at fault by a court of competent jurisdiction.

2.  A provision prohibited by subsection C1 of this section included in a rental agreement is unenforceable.  If a landlord
deliberately attempts to enforce any provision to a rental agreement which is prohibited, the tenant may recover an amount totaling not more than two (2) month's rent and such  damages, and such damages, costs and fees as a court shall determine and award.

3.  If  court finds the rental agreement, or a settlement in which a party waives or agrees to forego a claim or right under this article
 or under the renal agreement to have been unconscionable when made, he court may grant the following relief:

a.  Non-enforcement;
b.  Non-enforcement of the unconscionable provision only; or
c.  Limit the application of any provision to avoid an unconscionable result;
d.  Such other relief as the court deems proper

D.  Notice of Non-renewal of Rental Agreement:

1.  If the rental will not be renewed, the landlord shall notify the tenant in writing  not less than sixty (60) days prior to the
 termination date, or if a month to month tenancy will be terminated, the landlord shall notify the tenant in writing not less than thirty (30) days prior to the termination date.  In no event shall the tenant remain on the premises more than thirty (30) days after such notice or the end of the lease term, whichever occurs last.

2.  If the landlord fails to give the required  written notice, the tenant may remain in his rental unit on a month to month basis
under the same other terms and conditions as the prior term, until such time as the required thirty (30) days' notice is given and becomes operative as set forth in subsection D1 of this section.  The tenant shall be obligated to pay rent in a timely fashion.  Notwithstanding this provision, a written renewal rental agreement is required at the end of the least term unless the thirty (30) days' notice has been given.

E.  Attachment of Article to Rental Agreement:  Following the effective date of this article, a copy thereof, or excerpts thereof in a form
provided to the landlord by the village, shall be attached to each rental agreement, along with a copy of the village's occupancy requirements from the village's property maintenance code, delivered by or on behalf of a landlord when any such agreement is presented for signing to any tenant.  (Ord. 3366, 9-2-1983;  amend. Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997; Ord. 5536, 1-17-2006; Ord. 5619, 3-6-2007; Ord. 5807, 8-3-2010).

23.1805  Tenant Obligations

The tenant shall:

A.  Comply with all obligations imposed upon tenants by provisions of the codes applicable to the rental unit;

B.  Keep that part of the premises that the  tenant occupies and uses as safe as the condition of the premises permits;

C.  Dispose all ashes, rubbish, garbage and other waste from he rental unit in a clean and safe manner

D.  Keep all plumbing fixtures in the rental unit or used by the tenant as clean as its conditions permits;

E.  Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances,
 including elevators in the premises;

F.  Not deliberately nor negligently destroy, deface, litter, damage, impair or remove any part of the premises or knowingly permit any
person to do so;

G.  Conduct her or himself and require other persons on the premises and within her or his rental unit to conduct themselves in a
manner that will not disturb  the peaceful enjoyment of the premises by others;

H.  Maintain the rental unit in a clean and sanitary condition and provide for a general cleaning of the rental unit prior to departure.
 As part of such cleaning, the tenant will broom sweep the floors, vacuum all rugs and carpeting, clean appliances and plumbing fixtures and patch nail holes;

I.  Unless otherwise permitted, occupy the rental unit only as a dwelling unit;

J.  Unless otherwise agreed to in writing by the landlord, not apply any part of a security deposit as part of obligated rent payments;

K.  Comply with representations made in the rental application.  Any material misrepresentation made in the application shall be
cause for termination of the rental agreement;

L.  Not be in possession of any alcoholic beverage in a public street or other public place unless the alcoholic beverage is in its original
container with the seal unbroken.  For the purpose of this subsection, a public place shall include, but not be limited to, all village streets and all parking areas and common areas serving multi-family residential structures containing four (4) or more dwelling units, provided that this prohibition shall apply to such multi-family common areas only if the owner, manager, or owners' association has stated, in writing, that it is the intention of the ownership of such owner of common area that the prohibition be applied.  The written statement may reserve the right of management to give one day permits for residents or tenants to hold social gatherings in a common area:

M.  Sublet only in accordance with the terms of the lease.  Under no circumstances shall the tenant sublet the unit or rent any  portion of
the unit for any consideration whatsoever so long as the tenant uses the unit as the tenant's own residence, domicile or sleeping quarters for more than one day in any thirty (30) day period.  (Ord. 3366, 9-6-1983; amend Ord. 4424, 4-21-1992; Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997).

23.1806  Landlord Obligations:

A.  Security deposits or Prepaid Rent:

1.  A landlord who receives a security deposit or prepaid rent from a tenant must comply in full with the provisions of the Illinois
 state law which provides that landlords must pay interest on security deposits in developments with twenty-five (25) or more rental units and within thirty (30) days after he end of each twelve (12) month renal period, pay to the tenant any such interest by cash or credit to be applied to rent due, except when the tenant is in default under the terms of the rental agreement.

2.  Upon termination of the tenancy, property or money held by the landlord as security or prepaid rent may be applied to the payment
of accrued rent and to the payment of actual damages, which the landlord has suffered by reason of the tenant's non-compliance with section 23.1805  of this article, provided the land lord, within thirty (30) days of the date hat the tenant  has vacated the rental unit, delivers upon tenant a written notice, which shall include the reason for retaining the security deposit, or portion thereof, including an itemized statement for any claim of unpaid rent and an itemized statement of any  damages, together with copies of the actual paid damage, repair or replacement receipts or the estimated cost therefor, and  provided further that the landlord has complied with any requested walk through inspection, as provided in subsection A3 of  this section, and has included,  as part of such notice, any inspection checklists disclosing hat the damage in question occurred while he rental premises were occupied by the tenant.  If an estimated cost is given, the landlord shall furnish the tenant with paid receipts or copies thereof within thirty (30) days from the date the statement showing an estimated cost was  furnished to the tenant, as required by this subsection.  In the event no such notice or notices with the required statements, checklists, and evidence of estimated costs, is required, is furnished to the tenant as provided herein, then the landlord shall return the security deposit in full to the tenant within forth five (45) days of the date that the tenant vacated the rental unit.  For purposes of this provision, the decorating of a rental unit after a tenant's departure, including painting and rug shampooing, shall not be considered as damage and the cost thereof shall not be charged to the security deposit unless the  rental agreement specifically provides that painting and rug shampooing are included as a part of the tenant's  responsibility upon vacating the rental unit.

3.  Where requested by either party to a rental agreement, a walk through inspection shall be made by the landlord and tenant; prior to
 the commencement of the rental term and/or again at the termination thereof and an inspection checklist of all  damaged or missing items shall be made at the time of the walk through inspection and a copy thereof furnished to each party.  Such request shall be in writing, shall be personally served not less than forth eight (48) hours, or mailed not less than five (5) business days before he date of the requested inspection and such inspections shall be conducted, unless otherwise  agreed, on the landlord's regular business days and during his regular business hours.  Items, which are checked as missing or  damaged prior to commencement of the rental term, shall not be charged against the security deposit of the tenant.  Upon  request of the landlord or tenant, a representative of the village's environmental health department may accompany the parties on such walk through  inspections.

Where a walk through inspection is requested, as provided herein, no portion of a security deposit shall be applied against damages incurred to the rental unit, unless the notice of damages required in subsection A2 of this section, includes the completed inspection checklist(s) showing the occurrence of such damage during the rental term.

4.  Landlord's notice of the reasons for retaining the security deposit, as set forth in subsection A2 of this section, and either party's
 request for a walk through inspection, as set forth in subsection A3 of this section, must be sent certified mail, receipt requested or served personally, in which case the party receiving the request, which may include the respective landlord, landlord's agent, lessee, or member of the household over the age of twelve (12) must be requested to sign in receipt thereof on a duplicate copy of the notice or request.  Evidence that the notice or request was sent  certified mail and signed for or otherwise returned, or that receipt of the notice or request was acknowledged on a duplicate copy , shall create a rebuttable presumption of delivery.

5.  If the landlord fails to comply with the provisions hereof, the tenant may recover the property and money due him together with
such damages,  costs, and fees as  a court shall determine and award.

6.  This section  does not preclude the landlord or tenant from exercising other remedies to which he may be entitled under this article.

B.  Rules and Regulations Regarding Rental Units;

1.  The landlord, from time to time, may adopt general rules or regulations concerning the tenant's use and occupancy of the premises.  They are enforceable only if:

a.  Their purpose is to promote the convenience, safety or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities among tenants;

b.  They are reasonable related to the purpose for which they are adopted;

c.  They apply to all tenants in the premises in a fair manner;

d.  They are sufficiently explicit to fairly inform the tenant of what he must or must not do to comply;

e.  They are not for the purpose of evading the obligation of the landlord; and

f.  They are attached to the rental agreement so that the tenant has notice of them at the time he enters into the rental agreement.

2.  A rule or regulation adopted after the tenant enters into the rental agreement that substantially modifies his lease agreement is
 not enforceable unless the tenant consents to it or unless a change in local, state or federal law requires the regulation change.  The term "substantially modifies" shall mean a change which significantly affects the use of the premises or its fair rental value.

C. Disclosure

1.  The landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing
on or before the commencement of the tenancy;

a.  The name, address and telephone number of the person authorized to manage to premises; and

b.  The name and address of the owner of the premises or the person authorized to act on behalf of the owner for the purpose
  of service of process and for the purpose of receiving notices and demands.

2.  A person who fails to comply with subsection C1 of this  section becomes an agent of each person who is a landlord for;

a.  Service of process and receiving of notices and demands; and

b. Performing the obligations of the landlord under this article and under the rental agreement

3.  The information required to be furnished by subsection C1 of this section shall be kept current.  Subsections C1 and C2 of
this section extend to and are enforceable against any successor landlord or manager.

4.  Before a tenant initially enters into or renews a rental agreement for  a rental unit, the landlord or any person authorized
to enter into a rental agreement on his behalf shall disclose to the tenant in writing any existing code violations which have been cited by the village for the rental unit.  If the landlord fails to comply with this subsection C4, the tenant may pursue the remedies provided in section 23.1808 of this article.

D.  Maintenance of Premises

1.  The landlord shall maintain the premises in substantial compliance with applicable codes of the village and shall promptly make
any and all repairs necessary to fulfill this obligation.

2.  The landlord and tenant of any rental unit may agree hat the tenant is to perform specified repairs, maintenance tasks,
alterations or remodeling only if:

a.  The agreement of the parties is entered into in  good faith and not for the purpose of evading the obligations of the landlord
 or tenant and is set forth in a separate writing signed by the parties and supported by adequate consideration; and

b.  The agreement does not diminish  or affect the obligation of the landlord to other tenants in the premises.

E.  Access to Rental Unit:

1.  The landlord shall not abuse the right of access to the rental unit or use it to harass the tenant.  Except in cases of emergency, 
the landlord shall give the tenant reasonable notice of his or  her intent to enter and if at all practical may enter the unit only between eight o'clock (8:00) A.M. and eight o'clock 8:00) P.M.  The landlord may enter a rental unit only for the following purposes:

 a.  To conduct a necessary inspection of the premises,

b.  With the village during the authorized annual license inspection or during the investigation of a complaint of violations of this code,

c.  To make necessary or agreed repairs, decorations, alterations or improvements,

d.  To supply necessary or agreed services, or

e.  To show the dwelling unit to prospective purchasers, mortgagees, tenants or workers,

2.  The landlord may enter the rental unit without consent of the tenant in  case of emergency.  For purposes of this provision, the
 term "emergency" shall refer to a situation wherein access to the rental unit is necessary i order to prevent damage or destruction of the unit, or to the fixtures, equipment, appliances, furniture and other personal property contained therein, or in order to protect any person from injury.  Non-payment or delinquent payment of rent shall not constitute an emergency.

F.  Limitation On Liability:

1.  Unless otherwise agreed, a landlord who sells the premises is relieved of liability under the rental agreement and this article for
events occurring subsequent to notice to the tenant that the sale has occurred.  However, he remains liable to the tenant for any property and money to which the tenant is entitled under subsection 23.1806A of this article and all unpaid rent unless the tenant receives notice that such property, money and prepaid rent have been transferred to the buyer and that the buyer has accepted liability for such property, money and prepaid rent.

2.  Unless otherwise agreed, the manager of the premises is relieved of liability under the rental agreement and this article for events occurring after notice to the tenant of the termination of his management.

G.  Receipts

Upon request of the tenant, a landlord must provide a written receipt for any payment made (i.e. rent, security, deposits, etc.).  If payment is made by personal check, the cancelled  check shall be considered a receipt.  (Ord. 3366, 9-6-1983; and Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997; Ord. 5536, 1-17-2006).

23.1807  Landlord Remedies

A.  Breach of Rental Agreement

1.  If rent is unpaid when due and the tenant fails to pay the unpaid rent within five (5) days after notice by the landlord of the
  intention to terminate the rental agreement if the rent is not  so paid, the landlord may terminate the rental agreement or he may accept a payment made more than five (5) days after such notice in which case he shall be entitled to collect a late payment fee in the amount of five percent (5% of the rental payment.

2.  If there is a material non-compliance  by the tenant with the rental agreement or with section 23.1805 of this article, other than
nonpayment of rent, the landlord may give notice to the tenant specifying the acts and omissions constituting the beach and that the rental agreement will terminate upon a date not less than ten (10) days after receipt of the notice unless the breach is remedied by the tenant within the ten (10) day period, or as promptly as conditions permit in case of an emergency.

3.  In the alternative, if there is material noncompliance by the tenant with section 23.1805 of this article, the landlord may enter
 the dwelling unit and have the work done in a workmanlike manner an submit a receipted bill from an appropriate tradesman for the cost thereof as rent on the next day when rent is due, or if the rental agreement has terminated, for immediate payment, provided that the landlord has fulfilled his affirmative obligations under subsection 23.1806 C and D of this article.

4.  If the rental agreement is terminated, the landlord shall have a claim for possession and for rent and  a separate claim for injunctive relief, his actual damages for breach of the rental agreement or the tenant's non-compliance with section 23.1805 of this article, and his costs and fees, as hereinafter provided.  If the tenant's noncompliance is willful, the landlord may recover such additional costs and fees as a court shall determine to award.

B.  Abandonment of Rental Unit, Sublease:

1.  For purposes of this Section, "abandonment of the rental unit" shall mean that the tenant has vacated the premises, or has been absent there from for ten (10) or more consecutive days without advising the landlord of such absence or intent to return, and that his rent is in default and that notice by the landlord to terminate the rental agreement as provided in subsection A of this Section has expired.

2.  If the tenant abandons the rental unit, the landlord shall:

a.  Terminate the lease and proceed with his remedies as set forth in this Article, or;

b.  Make a good faith effort to rent it at the rent specified in the tenant's rental agreement or at an amount equal to the prevailing
rent for similar units within the same multi-family rental structure.  This shall include the acceptance of reasonable subleases.  If the landlord succeeds in renting the rental unit at a fair rental, the tenant shall be liable for the amount by which the rent due from the date of abandonment to the termination of the initial rental agreement exceeds the fair rental subsequently received by the landlord from the date of abandonment to the termination of the initial rental agreement.  If the landlord makes a good faith effort to rent the rental unit at a fair rental and is unsuccessful, the tenant shall be liable for the rent due for the period of the rental agreement.  In either event, the tenant shall be liable for the advertising expenses and reasonable re-decoration costs incurred by the landlord in re-renting the rental unit.

C. Disposition of Abandoned Property

Where, following termination of the rental agreement (other than by order of a court, the tenant surrenders or vacates the rental unit or abandons the same leaving behind items of his personal property, such personal property may be considered by the landlord to be abandoned personal property and the landlord may dispose of the same in such manner as he determines.  In the event the landlord sells the property, the sale proceeds shall be credited against any rent or other sums due to the landlord by the tenant in accordance with the rental agreement and this Article.

D.  Waiver of Right to Terminate

Acceptance  of rent with knowledge of a default by the tenant, or acceptance of performance by the tenant that varies from the terms of the rental agreement or rules or regulations subsequently adopted by  the landlord, must be confirmed in writing and signed by both parties and only then constitutes a waiver of the landlord's right to terminate the rental agreement for that breach.  (Ord. 3366, 9-1-1983; Ord. 4728, 5-16-1995)

23.1808  Tenant Remedies

A.  Breach of Rental Agreement

1.  If there is a material noncompliance by the landlord with the rental agreement or with subsections 23.1806C and D of this Article,
the tenant may give notice to the landlord specifying the breach and that the rental agreement will terminate on a date not less than fourteen (14) days after receipt of the notice if the breach is not remedied by that time.    If the breach is not remedied by the landlord within fourteen (14) days, the rental agreement shall terminate as provided in the notice.  The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent.

2.  Except as provided in this Article, the tenant may recover actual damages and obtain injunctive relief for any material noncompliance
by the landlord with the rental agreement, or with subsection 23.1806D of this Article.  If the landlord's noncompliance is willful, the tenant may recover such additional costs and fees as a court shall determine and award.



3.  If the rental agreement is terminated pursuant to this subsection, the landlord shall return all security and interest recoverable by
 the tenant under subsection 23.1806A of this Article and all prepaid rent.

B.  Failure to Deliver Possession

1.  If the landlord false to deliver possession of the rental unit to the tenant in compliance with the rental agreement and
subsection 23.1806D of this Article, rent abates until possession is properly delivered and the tenant may:

a.  Upon not less than five (5) days' notice to the landlord, terminate the rental agreement and upon termination the landlord
 shall return all prepaid rent and security; or

b.  Demand performance of the rental agreement by the landlord and, if the tenant elects, maintain an action for possession
 of the rental unit against the landlord or any person wrongfully in possession and recover the damages actually sustained by him.

2,  If a landlord's failure to deliver possession is willful, an aggrieved person may recover from the landlord an amount totaling not more
than two (2) months' rent, and such damages, costs and fees as a court shall determine and award.

C.  Failure to supply Essential Services

1.  If, contrary to the rental agreement, the landlord fails to supply heat, running water, hot water, electricity, gas or plumbing to the
 rental unit, and where he condition was not caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent, or by the inability of a utility supplier to provide such service, the tenant may give notice to the landlord or his agent or representative, which notice shall request the landlord either to restore such services or, in the alternative, to obtain, at the land lord's expense, suitable substitute housing for the tenant within the immediate vicinity of the rental unit for temporary use until such time as the services in question are restored.

2.  In the event that the landlord fails to restore services or to provide substitute housing for the tenant within a period of thirty six (36)
hours following receipt of notice, then the tenant may:

a.  If continued occupancy is lawful (as determined by the Village), remain in the rental unit and take such steps reasonably
 necessary to procure alternative sources of heat or light, or other affected services during the period of the landlord's noncompliance, and deduct the cost thereof from the rent, which such alternate sources shall fully comply with Village codes; or

b.  If continued occupancy is lawful (as determined by the Village), remain in the rental unit and recover damages based
 upon the diminution in the fair rental value of the rental unit together with such costs and fees as a court shall determine and award; or

c.  Procure substitute housing during the period of the landlord's noncompliance or the lease term, whichever is shorter, making
 good faith efforts to obtain comparable housing at a cost similar to the rent paid by the tenant for the renal unit, where available, in which case the tenant shall be excused from paying rent for a period of the landlord's noncompliance.  The tenant may recover the excess cost of procuring substitute housing which exceeds he monthly rent amount, including moving expense, and such other costs and fees as a court shall determine and award.  If the tenant proceeds under this subsection, he may not proceed under any other subsections for such breach.

3.  If the Village or any department of the Village expends funds on behalf of the tenant for repairs, services or substitute housing, the
Village shall have a lien for those funds on any amounts recoverable by the tenants from the landlord.  This lien may be satisfied by requiring that rents be paid directly to the Village until the amount of the lien is fully paid.

D.  Failure to Maintain Unit in Good Repair

1.  In addition to the provision in this Section pertaining to a failure of the landlord to supply essential services, where the
landlord breaches his obligations to render the rental unit habitable and main the same in good repair, the tenant may:

a.  Where the breach  involves a code violation cited by the village, notify the landlord of the intention to withhold from
 the monthly rent an amount which reasonably reflects the reduced value of the premises or the cost of obtaining compliance, but not exceeding seventy five percent (75%) of the monthly rent.  If the landlord fails to correct the condition within seven (7) days after being notified by the tenant, the tenant may, during the time such failure continues, deduct from the rent the stated amount.

b.  If, after twenty one (21) days from the giving  of notice the matter has not been resolved, the landlord or tenant may pursue
available remedies at law or in  equality.

2.  A tenant may not withhold rent under this Section if the condition was caused by the deliberate or negligent act or omission
of the tenant, a member of his family or other person on the premises with his consent.

3.  Where the noncompliance condition affects facilities shared by more than one dwelling unit, and the Village has issued a citation
for the alleged noncompliance as a violation of the applicable provisions of the Village Code, the Village may notify all other tenants sharing such facilities, by regular mail, with respect to the implementation of this subsection.  Provided, however, that nothing contained herein shall obligate the landlord, his representative or his agent to disclose to the Village the names of its tenants.

E.  Counterclaim to Action For Possession or Rent

1.  In an action by the landlord for possession based upon nonpayment of rent or in an action for rent where the tenant is in possession,
 the tenant may counterclaim for any amount which he may recover under the rental agreement or this Article.  In that event, the court may order  the tenant to pay into court all or part of the rent accrued and thereafter accruing, and shall determine the amount due to each party.  The party to whom a net amount is owed, shall be paid first from the money paid into  court, and the balance by the other party.  If no rent remains due after application of this Section, judgment shall be entered for the tenant in the action for possession.  If the defense or counterclaim by tenant is without merit, the landlord may recover such costs and fees as a court shall determine  and award.

2.  In an action for rend where the tenant is not in possession, the tenant may counterclaim as provided in subsection E1 of this Section,
 but the tenant is not required  to pay any rent into court.

F.  Fire or Casualty Damage

1.  If the rental unit or premises is damaged or destroyed by fire or other casualty to an extent that enjoyment of the rental unit is
 substantially impaired, and the fire or other casualty damage was not caused by the deliberate or negligent act or omission of the tenant, a member of his family or a person on the premises with his consent, the tenant may:

a.  If continued occupancy is lawful (as determined by the Village ), vacate any part of the rental unit rendered unusable by the
fire, or other casualty, in which case the tenant's liability for rent is reduced in proportion to the diminution in the fair rental value of the rental unit; or

b.  If continued occupancy is unlawful, immediately vacate the premises and notify the landlord within fourteen (14) days
 thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or

c.  Agree to accept alternate housing provided by the landlord, if available


2.  If the rental agreement is terminated pursuant to this Section, the landlord shall return all security recoverable under subsection
 23.1806A of this Article and all prepaid rent.  Accounting for rent in the event of termination or appointment shall be made as of the date of the fire or other casualty.  (Ord. 3366, 9-6-1983; Ord. 4728, 5-16-1995; Ord. 4868, 6-17-1997)

23.1809  Retaliatory Conduct

A.  Except as provided in this Section, a landlord may not retaliate by increasing rent or decreasing services including necessary maintenance
 and repair services or by terminating a rental agreement or bringing or threatening to bring action for possession or by refusing to renew a rental agreement which provides therein for such right of renewal because the tenant has:

1.  Complained in good faith of a code violation to a government agency charged with the responsibility for he enforcement of such code; or

2.  Complained to the landlord of a violation under subsection 23.1806C4 or D of this Article; or

3.  Organized or became a member of a tenant association or similar organization;or

4.  Exercised or attempted to exercise any right or enforce any remedy granted to him under this Article.

B.  If the landlord  acts in violation of subsection A of this Section, the tenant has a defense in any retaliatory action against him for
 possession and is entitled to terminate the rental agreement and in either case recover an amount equal to not more  than two (2) months' rent and such damages, costs and fees as a court shall determine and award.  If the rental agreement is terminated, the landlord shall return all security and interest recoverable under subsection 23.1806A of this Article and all prepaid rent.  Such conduct of a landlord subsequent to tenant activities described above in subsection A of this Section without justifiable cause may be considered retaliation.

C.  Notwithstanding subsection A and B of this Section, a landlord may bring an action for possession if:

1.  The violation of a code  was caused primarily by lack of care by the tenant, a member of his family or other person on the premises
 with his consent; or

2.  The tenant is in default in rent, other than a purported default under subsection 23.1808D of this Article.  (Ord. 3366, 9-6-1983).

23.1810  Condominium Conversions

Provisions of Article XVI of this Chapter regulating condominium sales that contradict, modify, expand or limit rights of landlords or tenants established under this Article shall prevail over the provisos of this Article for leases entered into or renewed, subsequent to the effective date of said Article XVI, and which are subject to the provisions of Article XVI.  (Ord. 3366, 9-6-1983).

23.1811  Breach of Occupancy Rights by Landlord and Tenant

A.  Unlawful Interruption of Tenant Occupancy by Landlord

1.  Unlawful acts.   It is unlawful for any landlord or any person acting at his direction to knowingly oust or dispossess or attempt to
oust or disposes any tenant from a rental unit without authority of law, by plugging changing, adding or removing any lock or latching device; or by blocking any entrance into said unit; or by removing any door or window from said unit; or by interfering s with the services to said unit, including, but not limited to, electricity, gas,  hot or cold water, plumbing, heat or telephone service, or by removing a tenant's personal property from said unit; or by the use of force or threat of violence,  injury or force to a tenant's person or property; or by any other act rendering a rental unit or any part thereof or any personal property located therein inaccessible or uninhabitable.

2.  Exclusions:   The provisions of this Section shall not apply where:

a.  A landlord acts in compliance with the laws of Illinois pertaining to forcible entry and retainer and engages the Sheriff of Cook County to forcibly evict a tenant or his personal property; or

b.  A landlord acts in compliance with the laws of the State pertaining to distress  for rent provided that within five (5) days of taking possession of tenant's property, the landlord shows evidence to the Village Manager that he has filed an action with the court to secure the tenant's property in return for unpaid rent; or

c.  A landlord acts pursuant to a court order; or

d.  A landlord interferes temporarily with possession only as necessary to make needed repairs or inspection and only as provided by law; or

e.  The rental unit has been abandoned as herein set forth in subsection 23.1807B1 of this Article.

3.  Civil Remedy by Tenant

If a tenant in a civil legal proceeding against his landlord establishes that a violation of this subsection has occurred, he shall be entitled to recover possession of his rental unit or personal property and shall recover an amount equal to not more than two (2) months' rent and such actual  damages, costs and fees as a court shall determine and award.  A tenant may pursue any civil remedy for violation of this subsection regardless of whether a fine has been entered against the landlord pursuant to subsection D of this Section.

4.  Tenant's Right to Terminate Agreement:

If a landlord or any person acting at his direction violates this subsection, the tenant shall have the right to terminate the rental agreement by sending the landlord written notice of his intention to terminate within three (3) days of the violation.  If the rental agreement is terminated, the landlord shall return all security deposits, prepaid rent and interest to the tenant in accordance with subsection 23.1806A of this Article.

B.  Holdover of Occupancy by Tenant

If the tenant remains in possession without the landlord's consent after expiration of the term of the  rental agreement or its termination the landlord may bring an action for possession and if the tenant's holdover is willful, the landlord, in addition, may recover an amount equal to not more than two (2) months' rent and such damages, costs and fees as a court shall determine and award.  If the landlord consents to the tenant's continued occupancy, subsection 23.1804B of this article  is applied.

C.  Abuse of Access by Landlord and Tenant

1.  If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement.  In either case, the landlord may recover an amount equal to two (2) months' rent and such actual damages, costs and fees as a court shall determine and award.

2.  If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful, but in a manner which has the effect of harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement.  In either case, the tenant may recover an amount equal to not more than two (2) months' rent and such actual damages, costs and fees as a court shall determine and award.

D.  Fines For Violating Section

Any person found guilty of violating this section shall be fined as set forth in appendix A, division III of this code, and each day that such violation shall occur or continue shall constitute a separate and distinct offense for which a fine as herein provided shall be imposed.  (Ord. 3366, 9-6-1983; amended Ord. 5189, 5-15-2001).

23.1812  Civil Action by Village to Enforce Compliance

Whenever the village manager or his designee has reasonable cause to believe that any landlord or tenant is engaged in a pattern or practice of violating the provisions of this article, or the landlord's operating license has been revoked, suspended or denied renewal, or the landlord is operating without a license, the village, in addition to all other remedies provided herein, may bring a civil action by filing a complaint signed by the village manager, setting forth the facts pertaining to such cause and shall have a right to one or more of the following:  a permanent or temporary injunction, restraining order, the appointment of a receiver, and applicable fines, fees, and costs.  Such relief may be obtained against the  landlord or tenant responsible and shall be as is necessary to ensure compliance with the provisions of this article and the full enjoyment of the rights herein established.  Before filing a complaint in court with respect to a violation of this article, the village manager shall  notify the offending tenant, landlord, operating licensee or other party designated to receive notices and service of process on behalf of such landlord or licensee requesting compliance.  (Ord. 5807, 8-3-2010).

23.1813  Chronic Public Nuisance

A.  Declaration of Chronic Public Nuisance Property:

It shall be unlawful and a nuisance for any person to intentionally, knowingly, recklessly or negligently permit any rental unit and/or multi-family residential structure within the village to become, exist or be used as a chronic public nuisance, and any chronic public nuisances found to exist within the village shall be subject to abatement in accordance with his section.  For purpose of this section, "multi-family residential structure" shall include the land which is affixed, incidental or pertinent to that structure, including but not limited to, any parking area, common area, premises, room, house, building or structure or any separate part or portion thereof.

B.  Preabatement Procedure:

Whenever the chief of police, or his/her designee, receives one police report of any law enforcement agency lawfully exercising jurisdiction in he village, which p reports or describes public nuisance activity within the same one year period at, in or on the same rental unit or the same multi-family residential structure, the chief of police, or his/her designee, may take the following action;

1.  Notify the landlord that the property may be in danger of becoming a chronic public nuisance property.  The notice shall contain he following information:

a.  The street address or legal description sufficient for identification of the dwelling unit and/or at a multi-family residential structure

b.  A statement that the chief of police has information that the property is in danger of becoming a chronic public nuisance
 property with a concise description of the public nuisance activities that may exist or that have occurred.  Said notice shall further state the following:

(1)  Demand that corrective action be taken to ensure that a third or subsequent public nuisance activity does not occur in,
on or at a rental unit within that one year period, or in the case of a multi-family residential structure, to ensure that a sixth or subsequent public nuisance activity does not occur within that one year period;

(2)  Explain that, in the event of a subsequent occurrence of a public nuisance activity on that property, the chief of police
 may declare the property a chronic public nuisance, such that the landlord's residential operator's license shall be subject to suspension or revocation;

(3)  Recommend that landlord enforce the crime free lease provision through eviction or take such other reasonable
 corrective action as the chief of police deems necessary; and

(4)  Notify the landlord that it has the right to request a hearing before the village manager to contest the determination
 of an occurrence of public nuisance activity. Said request for a hearing must be received by the  village manager within eight (8) days following the date such notice was personally delivered or placed in the mail.  If such a request for a hearing is not received within that time period, the police chief's determination shall become final.

c.  Said notice shall be served by regular U.S. mail or by personal service.

2.  Whenever the chief of police, or his/her designee, receives subsequent police reports of any law enforcement agency lawfully
exercising jurisdiction in the village, which report or describe a second or subsequent public nuisance activity a t, in or on the same rental unit or a second, third, fourth, or fifth or subsequent public nuisance activity at, or n  or on a multi-family residential structure within the same one year period or the same multi-family residential structure, the chief of police, or his/her designee, shall send a notice in the form set forth in subsection B1 of this section.  For purposes of this section, it is not necessary that notices e  sent for each public nuisance activity that may occur, but that two (2) preabatement notices be sent in regard to public nuisance activities at a rental unit, and five (5) preabatement notices be sent in regard to such activities at a multi-family residential structure, prior to commencement of the abatement proceedings set forth below.

C.  Abatement Procedure:

If, after complying with the notification procedures described in subsection B of this section, the chief of police receives a police report documenting the occurrence of a third or subsequent public nuisance activity at, in or on the rental unit and/or receives a police report documenting the occurrence of a sixth or subsequent public nuisance activity at, in or on a multi-family residential structure within one year of the acts or conduct with respect to which a notification was issued and determines that the property has become a chronic public nuisance property, the chief of police shall:

1.  Notify the landlord of the rental unit and/or multi-family residential structure that the property has been declared a chronic public
 nuisance property.  The notice shall contain the following information:

a.  The street address or legal description sufficient for identification of the property

b.  A statement that the chief of police has determined the property to be a chronic public nuisance property with a concise
 description of the public nuisance activities leading to that finding

c. A statement that the chief of police has recommended to the village manager to revoke or suspend the residential operator's
 license pursuant to subsection 10.401C o this code.

d.  Said notice shall be served by regular U.S. mail or by personal service.

D.  Burden of Proof, Notice:

1.  In an action seeking abatement of a chronic public nuisance property by revocation or suspension of the landlord's residential
operator's license, the village shall have the initial burden of showing by a preponderance of the evidence that the property is a chronic public nuisance property.

2.  For purposes of showing that the property is a chronic public nuisance property and that a public nuisance has occurred on the
property, the testimony of police officers to recount witness statements shall be admissible, subject to the discretion of the hearing officer.

3.  The following are defenses to an action seeking suspension or revocation of a residential operator's license

a.  That the landlord, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property
 had become a chronic public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic public nuisance property.

b.  That the public nuisance activities occurring at a rental unit were not related to the same tenant.  Public nuisance activities
 at a rental unit are subject to abatement under this section, if they occur while the rental unit is leased to the same tenant.

4.  The failure of any person to receive the notices in subsections B and C of this section shall not invalidate or otherwise affect
the proceedings under this section.

E.  Eviction or Retaliation Prohibited:

It shall be unlawful for an owner to terminate the lease agreement of a tenant or otherwise retaliate against any tenant because that tenant complained to the police chief about nuisance activities on the owner's premises.  Such eviction or retaliation shall be enforceable as a violation of subjection 23.1809a of this article.  (Ord. 5619, 3-6-2007).

23.1814  Crime Free Housing

A.  A residential operator's license shall not be issued until the landlord, or designated agent, has attended and successfully completed the
crime free housing seminar, sponsored by the village of Mount Prospect.  Licenses in effect  at the time of adoption of this section shall remain in effect for the remainder of the licensing year, but shall be null and void if the landlord, or designated agent, fails to comply with the seminar requirement by October 1, 2007.

B.  In the event that a landlord makes application  for a residential operator's license and has met all other license requirements, but a crime
 free housing seminar is not available, a conditional license may be issued, effective no more than three (3) months from the date of issuance, subject to attendance and successful completion by the landlord, or his/her designated agent, of that seminar within that time period.  Upon completion of the seminar within that time period, a residential operator's license shall be issued for the balance of the year.

C.  In the event that a designated agent attended the crime free housing seminar to comply with this section, and that agent is no longer
 employed by the landlord or designated by the landlord to be responsible for managing the rental unit and/or multi-family residential structure under the residential operator's license, the landlord, or a newly designated agent, shall attend and successfully complete the seminar within three (3) months of that event.

D.  An owner of a rental unit or multi-family residential structure may be certified as a residential operator upon issuance of a residential
 operator's license, a security certificate, and a certificate of completion of the community awareness training program presented by the Mount Prospect police department.  The certification as a residential operator shall be issued on an annual basis subject to annual compliance with these requirements.

E.  At any time after two (2) years from the date of the issuance of a residential operator's license, a landlord or designated agent may
 be required to attend and successfully complete the crime free housing seminar.  Such requirement shall be subject to the recommendation of the crime free housing coordinator to the village manager, who shall consider the following in making such determination:

1.  Whether the rental unit or multi-family residential structure, subject to the residential operator's license, is in danger of becoming a nuisance residential rental property as defined in this article and

2.  Whether criminal activity is occurring on the premises and the landlord has failed to initiate eviction proceedings or take other appropriate action.

A residential operator's license shall not be renewed if attendance is required and not completed within three (3) months of the notice to that effect.  Such notice shall be delivered or mailed to the landlord, or designated agent, at the address designated on the most recent license application.

F.  A crime free housing coordinator, to be designated by the chief of police, shall provide the finance director with a list of landlords
 and/or designated agents, who have attended the crime free housing seminar and/or are certified residential operators, along with the dates of attendance and verification that the landlord or designated agent has otherwise complied with this code to be eligible for issuance or renewal of a residential operator's license.

G.  After February 1, 2007, every least, including lease extensions, shall contain a crime free lease provision, the purpose of which is
 to make criminal activity, not limited to violent or drug related criminal activity, engaged by, facilitated by, or permitted by the lessee, member of the household, guest or other party under the control of the lessee, a lease violation and to provide the landlord with authority under that clause to initiate eviction proceedings pursuant to state law.  The crime free lease provision shall be in substantially the following form:

Crime Free Housing Lease Program
Prohibition against criminal activity on premises

1.  The Tenant, any member of the tenant's household, Tenant's guest(s) and any person under Tenant's control shall not engage
 in or facilitate criminal activity on the leased premises or on Lessor's property, which includes the leased premises, at....

2.  The Tenant, any member of the tenant's household, Tenant's guest(s) and any person under Tenant's control shall not permit
the leased premises to be used for, or to facilitate, criminal activity, regardless or whether the individual engaging in such activity is a member of the household, or a guest

3.  The Tenant, any member of the tenant's  household, Tenant's guest(s) and any person under Tenant's control shall not engage
 in or facilitate any breach of the lease agreement that jeopardizes the health, safety and  welfare of the landlord, his agent or other tenant or involves imminent  or actual serious property damage.

4.  The Tenant is vicariously liable for the criminal activity of any member of the Tenant's household, Tenant's guest(s) and any
 person under Tenant's control, whether or not the Tenant had knowledge of the activity or whether or not the household  member or guest was under the Tenant's control.

5.  One or more violations of subsections 1, 2 or 3 of this Lease Section constitute a substantial violation and a material
 noncompliance with the Lease.  Any such violation is grounds for termination of tenancy and eviction from the leased premises.  Unless otherwise required by law, proof of violation shall not require a criminal conviction, but shall be by a preponderance of the evidence.

6.  In case of conflict between the provisions f this addendum and any of the provisions of the lease, the provisions of this
 addendum shall govern.

7.  For purposes of this Lease Section, criminal activity shall mean:

(i)  Any offense defined and prohibited by Article 9 (Homicide) of the Criminal Code of 1961, 720 ILCS 3/9-1, et. seq.

(ii)  Any offense defined and prohibited by Article 10 (Kidnapping and related offenses) of the Criminal Code
 of 1961,720 ILCS 5/10-1 et. seq.

(iii)  Any offenses defined and prohibited by Section 1-14 (Prostitution), Section 11-15 (Soliciting for a Prostitute),
Section 1-16 (Pandering, Section 11-17 (Keeping a Place of Prostitution), Section 11-20 (Child Pornography) or Section 11-21 (Harmful Material to Minors) of the Criminal Code of 961, 720 ILCS 5/11-14, 5/11-15, 5/11-16, 5/11-17, 5/11-20, 5/1-20.1 and 5/11-21.

(iv)  Any offense defined and prohibited by Article 12 (Bodily Harm) of the Criminal Code of 1961, 720 ILCS 5/12, et. seq.

(v)  Any offense defined and prohibited by Article 16 (Theft) of the Criminal Code of 1961, 720 ILCS 5/16-1, et. seq.

(vi)  Any offense defined and prohibited by Article 20-2 (Possession of explosives or Incendiary devices) of the
Criminal Code of 1961,720 ILCS 5/20-2, et. seq.

(vii)  Any offense defined and prohibited by Article 24 (Deadly Weapons) of the Criminal Code of 1961
,720 ILCS 5/24-1, etc. seq.

(viii)  Any offenses defined and prohibited by Article 25 (Mob Action) of the Criminal Code of 1961
,720 ILCS 5/25-1 et. seq.

(ix)  Any offense defined and prohibited by Section 26-2 (Disorderly Conduct) of the Criminal Code of 1961,
720 ILCS 5/26-1, etc. seq.

(x)  Any offense defined and prohibited by Article 18 (Gambling) of the Criminal Code of 1961
 720 ILCS 5/28-1, et. seq.

(xi)  Any offense defined and prohibited by Article 31 (Interference with Public Officers) of the Criminal
Code of 1961,720 ILCS 5/31-1, et. seq.

(xii)  Any offense defined and prohibited by Section 6-16 (Prohibited Sales and Possession) or Section 6-20 (Purchase or acceptance of Gift of Liquor by Persons Under age 21) of the Liquor Control act of 1934, 235 ILCS 5/6-16 and 5/6-20.

(xiii)  Any offense defined and prohibited by the Illinois Controlled Substances Act 720 ILCS 570/100, et. seq.

(xiv)  Any offense defined and prohibited by the Cannabis Control Act, 720 ILCS 550/1, et. seq.

(xv)  Any inchoate offense defined and prohibited by Article 8 (Inchoate Offenses) of the Criminal Code of 1961,
720 ILCS 58-1 et seq., which is relative to the commission of any of the aforesaid principal offenses.

(xvi)  Any offense defined and prohibited by Articles I through VIII of Chapter 23, "Offenses and
 Miscellaneous Regulations" of the Village Code.     (Ord. 5619, 3-6-2007; amend Ord. 5745, 6-16-2009)

23.1815  License to Operate Rental Structures

A.  License Required:

1.  It is unlawful for any person to operate, maintain or offer to rent for residential purposes within the village, a rental unit or rental
structure, whether vacant or not, without first obtaining a residential operator's license as provided in this article.  The license shall be issued only to an "inspection group", as defined in this article

2.  It is unlawful for a person to enter into a residential lease, either as lessor or lessee, if the premises is posted as being unlicensed
 or having a revoked or suspended license.

3.  It is unlawful for any person to  occupy, renew a lease, offer for rent or permit occupancy of any dwelling unit that is unlicensed
or whose license is revoked or suspended.

B.  License Application

1.  Each applicant for a license to maintain a rental structure shall file a written application with the code official stating

a.  The full legal name, address and home and work telephone numbers of each and every legal and beneficial owner.

b.  The address of the multi-family rental structure

c.  The number of dwelling units within the structure

d.  In the case of an owner who is not a resident of the village, then either:

(1)  The name, address and phone number of an agent within the village with authority to accept service or notice of a violation; or

(2)  A statement by the owner that service by regular mail upon the owner at the address stated in the application will be considered sufficient service for all purposes.

2.  All license fees for the period, beginning June 1, 2007, shall be due and payable on or before June 1, 2007, with such licenses
expiring on August 31, 2008.  Thereafter, all licenses shall be due and payable on or before September 1, and the respective licenses shall expire on August 31 next after the date of issue.

3.  Each license application shall be accompanied by a fee as set forth in appendix A, division II of this code.  If an application
for renewal of an existing license is received after June 1, the fee shall be increased by fifty percent (50%).  If, at the time of application for a license or renewal license, an applicant has been certified as a residential operator for the new licensing period, the fee shall be decreased by ten percent (10%) as to any inspection group to which that certification applies.

4.  Whenever there is a charge n the ownership of  a rental structure or a change in the owner's property agent,the owners
shall, within fifteen (15) days of such change, file a written notice with the code official indicating such change.

5.  Application for license renewal shall be made in the same manner as a new application except that the application shall
 state hat it is for renewal.  (Ord. 3366, 9-6-1983; amend Ord. 4728, 5-16-1995; Ord. 4781, 3-5-1996; Ord. 4868, 6-17-1997; Ord. 4909, 2-20-1998; Ord. 5189, 5-15-2001; Ord. 5619, 3-6-2007)

23.1816  Inspections by Village

A.  Inspection Requirements; License Issuance or Denial

1.  Each  multi-family rental structure and each unit within the structure shall be subject to inspection, in accordance with this section,
for compliance with all applicable regulations.  A license may be denied if the structure or a unit within the structure has been inspected and is not in compliance with applicable regulations or outstanding fees or judgments exist.  In such a case, the license may apply for a conditional license.

2.  Initial and subsequent annual licensing inspections shall be conducted on a regular schedule and include the building exterior,
 common areas, basement and not less than twenty percent (20%) of the individual dwelling units.  All units within the structure shall be inspected every five (5) years unless inspections are required less frequently pursuant to the incentive provisions of this article.  However, no multi-family structure which is less than ten (10) years old shall be subject to individual dwelling unit inspections unless there is reasonable suspicion that a violation exists to make such an inspection.  The age of the structure shall be established from the date of the original certificate of occupancy or, if not available, by proof otherwise acceptable to the village.

3.  An owner may elect to have inspections conducted on an "as vacant" basis, in which case he village must be given two (2) week's
advance notice to schedule an inspection before a vacant unit is to be reoccupied.  If a violation, other than  a warning condition, is found during such an inspection, then subsections A4 through A9 of this section shall apply and an inspection group's "as vacant" inspection status shall be discontinued until the director is satisfied that all units are in compliance.

4.  The owner will be given at least thirty (30) days' notice by regular mail prior to any inspection.  Upon receipt of the notice of
 inspection, the owner shall notify the tenant of the date and the time of the inspection on a form provided by the village, by personal service, or placing the completed form under or on the door of the unit at least seventy two (72) hours prior to the inspection.  The form shall contain a certification that the owner has served such notice.  Such notices shall inform the owner and occupant, respectively, of their right to refuse to consent to the inspection and to require the village to obtain an administrative search warrant.  The director may establish procedures to assure reasonable notice in certain circumstances, e.g. lack of cooperation by owner, in which case service and posting requirements need not comply with the requirements of this subsection A4.

5.  Rental structures, other than  multi-family rental structures, shall be subject to inspection in response to complaints regarding
noncompliance with applicable regulations.  The exterior of such structures shall also be subject to inspection as part of the village's routine property maintenance program.  Inspections shall be conducted in accordance with subsection A6 through A9 and A11 of this section.

6.  If an owner, property agent, tenant or other person in control of a rental structure fails or refuses to consent to free access and entry
to the property for any inspection pursuant to this article, the code official or designee may, upon approval of the village manager, apply to the circuit court for an administrative warrant or other appropriate court order authorizing such inspection.  Such an application shall not be a waiver of the village's right to seek other remedies pursuant to this article.

7.  The director may establish compliance time periods, during which violations must be corrected.  A separate time period may be
established for correction of warning conditions.  Failure to comply with such a time period shall be a violation of this article.

8.  If a licensing inspection reveals any violation or warning condition, a compliance time period shall be set by the director.  The code
 official shall serve notice of the violations and/or warning conditions, and the compliance time period on the owner or property agent personally or by regular U.S. mail at the address provided on the most recent license application.  The notice shall include the following:

a.  Identification of the property;

b.  A statement listing the violations and applicable code sections;

c.  The time period for compliance;

d.  A statement that the owner has a right to request a haring before the village manager to contest the finding of violations or
warning conditions.  Said request for a hearing must be received by the village manager within eight (8) days following the date such notice was personally delivered or placed in the mail.  If such a request for a hearing is not received within hat time period, the code official's determination shall become final.

e.  An explanation that all violations and warning conditions must be corrected within the compliance time period, or fees, charges
 and liens, as described in section 23.1817 of this article, may result and the license will be subject to suspension, revocation and non-renewal.

9.  The effective date of a notice of violation shall be the date personally served or when placed in the mail.  Once a notice of violation has
 been served, the owner  shall be responsible for all enforcement fees associated with the property until the violations are corrected.

10.  The director shall monitor compliance with the notice of violation through periodic tracking and inspection of the repair status.
Once a notice of violation has been sent, the  owner shall be responsible for all enforcement fees associated with the property.

11.  A licensing reinspection will be conducted at the request of the owner(s).

12.  If during a licensing inspection or reinspection any dwelling unit is determined to be unfit for human occupancy pursuant to
 the village's property maintenance code, an additional twenty percent (20%) of the dwelling units in the subject multi-family rental property shall be inspected.  If similar violations are observed in eh additional dwelling units, the owner's entire multi-family rental property shall be subject to inspection.  All additional dwelling units inspected shall be subject to inspection fees per unit as set forth in appendix A, division II of this code:

13.  If, during any licensing period the village finds no violations or only warning conditions, then except as provided below,
 subsequent inspections shall be made according to the following incentive schedule:

a.  An inspection group with twelve (12) or fewer unis shall have individual dwelling unit inspections waived for the following
license year.

b.  An inspection group with thirteen (13) to nineteen (19) units shall have only one unit inspected for the following license year.

c.  An inspection group with twenty (20) or more units shall have only five percent (5%) of the units inspected for the following
 license year.

If while the incentive schedule is in  effect, violations other than warning conditions are discovered, then he incentive schedule shall be terminated and the  regular schedule shall immediately be  reinstated.  The incentive schedule shall remain in effect so long as only minor warning conditions are found and they are corrected in a timely manner.

A change in ownership of an inspection group shall not affect the incentive schedule status of the inspection group.

23.1817  Enforcement Fees

A.  In order to defray the costs of enforcement of this article through inspections, fees shall be imposed for properties which are found
 not to be in compliance with all applicable regulations.

B.  The village shall charge a monthly enforcement fee for each property that meets the following conditions:

1.  The property is subject to a notice of violation pursuant to section 23.1819 of this article;

2.  The compliance time period has expired; and

3.  The violations cited in the initial notice of violation or any subsequent  notice of violation have not been corrected.

C.  The monthly enforcement fee shall be an amount as set forth in appendix A,  division II of this code.

D.  Wherever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, the owner
 shall notify the director.  Upon receipt of the notice, the director shall promptly schedule an inspection of the property and notify the owner if any violations remain uncorrected.

E.  Once monthly enforcement fees begin they shall continue to be assessed until all violations listed in the first or any subsequent
notice of violation have been corrected.

F.  When a property becomes subject to enforcement fees, the director shall file a statement with the finance director that identifies
 the property, the amount of the monthly fee and the date on which the fees shall begin.  The finance director shall then:

1.  Notify the property owner of the assessment of enforcement fees and the reason for those fees;

2.  Bill the property owner monthly for the full amount of enforcement fees owing;

3.  Upon the owner's failure to pay the enforcement fees within the designated period, record a lien against the property with the recorder of deeds of Cook County; and

4.  Maintain lien records as required by law, but in any event at least until;

a.  The lien and all associated interest, penalties and costs are paid in full; and

b.  The director certifies that all violations listed in the original or any subsequent notice of violation have been corrected.

G.  Each person who has an interest in the property on or after the effective date of a notice of violation shall be personally liable
 for fees imposed pursuant to this section, including all interest, civil penalties and other charges.  (Ord. 5745, 6-16-2009).

23.1818  Exceptions to Enforcement Fees

A.  If after October 1 of any year, only exterior paint, roofing, exterior concrete and masonry related violations remain, the director may,
at the written request of the owner, temporarily suspend the assessment of enforcement fees until the following May 1, subject o the owner's timely completion of emergency repairs to the roof that are necessary to prevent water damage to the interior.

1.  If the owner fails to correct violations within the period of suspension, the full value of all suspended fees shall be reinstated
as a charge against the owner.

2.  If the owner fails to make needed temporary or emergency roof repairs to prevent interior water damage, the director may revoke
any fee suspension, and immediately charge the full value of all suspended fees.

B.  Notwithstanding any other provision in this section, and provided that no other fees, penalties or costs have been reduced or waived
 for participation in any training program or certification provided under section 23.1814, "Crime Free Housing", of this article, the enforcement fee may be waived for an owner, on a onetime basis only, during that owner's ownership of that rental structure or property, which is licensed pursuant to this article under the following circumstances:

1.  If the owner's total accrued enforcement fee is less than the amount set forth in appendix A, division II of this code, such fee
may be waived if the owner attends and completes the crime free housing seminar offered by the village, including the payment of the registration fee.

2.  If the owner's total accrued enforcement fee is within the amounts set forth in appendix A, division II of this code, such fee may
 be waived if the owner:

a.  Attends the completes the crime free housing seminary as offered by the village, including the payment of the registration fee; and

b.  Obtains a security certificate from the village

3.  If the owner's total accrued enforcement fees are in excess of the amount set forth in appendix A, division II of this code, then up
to that amount may be waived under the same conditions prescribed in subsection B2 of this section, provided that the total accrued enforcement fees in excess of that amount is paid upon application of the owner for the waiver.  (Ord. 5745, 6-16-2009).

23.1819  Notification of Violations;  Correction, Appeal and Reinspection

Whenever any violation or warning conditions is found in any inspection group, the owner or property agent shall be notified of those findings and of the right to appeal such a finding by filing a request for hearing, which must be received by the village manager within eight (8) days following the date such such notice was personally delivered or placed in the mail.  In the event that the property is not in full compliance upon the expiration of a compliance time period, the owner shall be subject to the penalties set forth in section 23.1822 of this article.  (Ord. 5745, 6-16-2009)

23.1820  Revocation or Denial of License;  Operation Without a License

A.  Whenever the director of community development finds that conditions or practices remain in the rental structure or any unit within the
rental structure in violation of any applicable regulations, or there are outstanding fees or judgments, the director shall sere the landlord or residential operator with a notice of violation, which shall state the violation(s) and provide a list of outstanding fees or judgments.  Said notice shall state that unless all such violations are corrected and outstanding fees  or judgments satisfied within a reasonable time, of not less than five (5) days nor more than thirty (30) days from the date of the notice, the operator's license will be revoked or denied, applicable.  In the case of a renewal, the notice shall state that issuance of the license will be denied.

B.  Upon expiration of the time allows to correct any violation and/or satisfy any outstanding fees or judgments, the village shall reinspect
 the rental  structure and determine if any violations, outstanding fees or judgments remain.  If the violations have  not been corrected or outstanding fees or judgments remain, the director of the community development shall provide notice to the landlord or residential operator of a determination to evoke or deny issuance or renewal of the operator's license.  Said notice shall inform the landlord or operator of the right to request a hearing regarding the proposed action, as described in subsection C of this section.

C.  Any person, whose license to operate a rental structure is subject to revocation or denial, shall be entitled to a hearing on that revocation
 or denial action before an administrative law judge pursuant to chapter 8, article XXI of this code by filing a  written request for a hearing with the office of administrative hearing within ten (10)  days following the date such notice was personally delivered or placed in the mail.  If such a request for a hearing is received, the administrative hearings supervisor shall assign a hearing date no later than thirty (30) days after the date  the request is received, sending notice of he hearing place and date to the appellant.  Upon completion of the hearing, the administrative law judge may either:

1.  Affirm the revocation or denial; or 

2.  Stay the revocation and allow additional compliance time; or

3.  Deny the revocation of the license; or

4.   Order issuance of the license

5.  In considering outstanding judgments, the administrative law judge may take judicial notice of the judgment as ordered. 
The scope of review of such judgment shall be limited to whether th e obligation has been satisfied and whether he respondent is the actual person against whom the judgment was issued.  Lack of liability or guilt in relation to the underlying obligation shall not be a defense.

6.  Any order revoking or denying the issuance of a license shall be final for purposes of judicial review under the administrative
 review law of Illinois

D.  If a timely request for a hearing s not filed, then the notice of revocation or denial order shall become a final order for purposes
of judicial review upon the expiration of the time for requesting such review and the notice requirement set forth in subsection G of this section shall apply.

E.  In the event a residential operator's license is revoked or denied, or the rental structure is being ope[rated without a license, then.

1.  No existing rental agreement or lease shall be renewed and no rental agreement or least shall be entered into with respect to any rental unit located within the rental structure; and

2.  The village shall have the right to proceed under section 23.1812 of this article

F.  A license which has been revoked or denied shall not be  reinstated.  The landlord may, however, obtain a new license after all
violations have been corrected by following the procedures for obtaining a new license as set forth in this article.

G.  Whenever a license is revoked or denied, or he rental structure is being operated without a license, the director of community
 development shall send a notice to the landlord, residential operator or the listed property agent at the last address provided on the most recent license application, or to the landlord or taxpayer of record if no application is available.  The notice shall be sent by regular U.S. mail or served personally.  The code official shall also notify the landlord and all tenants of the rental structure by posting a notice on all entrances to the rental residential structure, containing the name and address of the owner, address and/or name of the multi-family residential structure and the following statement:

You are hereby notified that the license for this structure has been revoked or denied, or the rental structure is operating  without a license.  No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building.

H.  In the event that any notice posted in accordance with subsection G of this section is removed without the approval of the code official,
the code official may  post a notice on the property, a minimum of the thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, containing the name and address of owner, address and/or name of the multi-family residential structure, and the statement set forth in subsection G of this section.

I.  Removal of the notices required in subsections G and H of this section by any person other than a code official is prohibited and shall be
 subject to a fine in the amount set forth in appendix A, division III of this code.

J.  The license shall remain in effect during the pendency of a hearing before the administrative law judge under this section.

K.  The hearing process et forth in this section shall apply to the revocation and denial of residential rental operator's licenses, not
chapter 10, article IV of this code,  which provides a hearing process for the revocation or denial of a license.  (Ord. 5807, 8-3-2010).

23.1821  Violations, Notice of Court Proceeding

A.  The following shall constitute violations of this chapter;

1.  Violations of the licensing requirements in subsection 23.1815A of this article

2.  Failure of the owners of the  rental property to maintain the structure and premises in compliance with applicable village regulations

3.  To remove or deface any notice which has been posted pursuant to this article.

B.  Before  filing a complaint in court with respect to a violation of this article, the village manager shall deliver or mail a violation notice
to the landlord, operating licensee or other party designated to receive notices and services of process on behalf of such landlord or licensee requesting compliance, or, in the event that a tenant or lessee has committed a violation, such notice shall be delivered or mailed to the tenant or lessee.  In the event that this article is enforced through the  administrative adjudication system, the provisions for service and notice contained in chapter 8, article XXI of this code shall govern.

C.  No person acting as managing agent or collector of rents of any property involved in any proceeding because of violations or alleged
violations of the provisions of this article shall be liable therefor if such person shall, with five (5) days after receipt of notice of any alleged violation, have notified the owner or owners of the property or the employer of suds person of the purported violation or violations of any provision or provisions of this article and shall have delivered to the village manager a copy of such notice with proof of service thereof on the owner, owners or employer.  (Ord. 4868,  6-17-1997; amend Ord. 5619, 3-6-2007; Ord. 5745, 6-16-2009; Ord. 5807, 8-3-2010)

23.1822  Penalties

A.  In addition to any other remedy or penalty specified for a violation of any particular provision of this article, any person violating
 any provision of this article shall, upon a finding of guilty, be subject to a fine for each offense as set forth in appendix A, division III of this code; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

B.  Nothing in this article shall prevent the village from taking any action available under chapter 21 of this code or any other applicable
regulation.  Further, nothing in this article shall prevent the village from taking any emergency action permitted by law when any portion of a multi-family rental structure is a danger to person or property.

C.  The failure to pay outstanding fees or judgments may result in a lien upon the real  property or such other remedies as may be available
by law, including the denial of the issuance or renewal of licenses or permits pursuant to section 23.18230 of this article.  The lien shall be subject to the following:

1.  The director shall file a notice of lien in the office of the Cook County recorder of deeds within two (2) years after such fees are  billed;

2.  The lien shall be superior to all subsequent liens and encumbrances;

3.  Upon payment of the fees and costs of lien by the owner or responsible party after notice of lien has been filed, the village shall
release the lien; and

4.  The lien may be enforced by proceedings to foreclose, as in the case of mortgages or mechanics' liens.  (Ord. 3366, 9-6-1983;
 amend Ord. 4868, 6-17-1997; Ord 5189, 5-15-2001; Ord 5619, 3-6-2007; Ord 5745, 6-16-2009; Ord 5807, 8-3-2010)

23.1823  Severability

If any provision or part thereof  of this article is declared by a court of competent jurisdiction to be invalid and of no further force and effect, such invalidity shall not affect the remaining provisions of this article which shall remain in full force and effect.  (Ord. 3366, 9-6-1983; amend Ord. 4868, 6-17-1997; Ord. 5619, 3-6-2007; Ord. 5745, 6-16-2009; Ord. 5807, 8-3-2010)

3.1824  Effective date

This article shall apply to and govern  every lease or renewal thereof for a  "rental unit", as defined herein, within the village entered into or renewed after June 1, 1997.  (Ord. 3366, 9-6-1983; amend Ord. 4868, 6-17-1997; Ord 5619, 3-6-02007; Ord. 5745, 6-16=-2009; Ord. 5807, 8-3-2010)