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Local town ordinances relating to apartment buildings and restaurants

Niles Multi-Unit Apartment Ordinance


Ordinance No. 2008-30
Amending Chapter 22 Business article XVII, Residential Properties, adding Section 22-590, Licensing of Residential Properties used for rental purposes, adding Section 22-591, Crime Free Multi-Housing Program and amending Article II Business Licenses, Division 2 fee schedule Section 22-66 of the Niles Code of Ordinances, Village of Niles
Dated:  June 24, 2008

WHEREAS, Article VII, Local Government, Section 6 Powers of Local Government of the Constitution of the State of Illinois gives Home Rule Municipalities the ability to exercise any power and perform any function pertaining to its government and affairs, including but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license:  and to tax:

WHEREAS, the Village of Niels is a home rule unit as defined by the Constitution of the State of Illinois; and

WHEREAS, it is determined that it is in the best interest of the residents of the Village of Niles' health and safety to adopt an ordinance licensing residential rental properties and adopting an ordinance creating a crime free multi-housing program.

NOW, THEREFORE, BE IT ORDAINED, by the President and the Board of Trustees of the Village of Niles, Cook County, Illinois, as follows:

Section 1:  Chapter 22 Businesses, Article II Business License, Division 2 Fee Schedule, Section 2266, Article XVII Section 22-590 Licensing of Residential  Properties used for Rental Purposes, Section 22-591 Crime Free, Multi-Housing Program of the Niels Code of Ordinances shall be amended as follows:

Section 22-66  Fee schedule

(87A) Residential properties for rent

a.  Multi-family dwelling unit                            $20.00 per unit
b.  Single family attached or detached unit     $100.00

Section 22-590 Licensing Residential Properties used for Rental Purpose

(a)  Unit      means a single-family detached dwelling, a single-family attached dwelling, a multiple-family dwelling or rooming house

(b)  License Required    No person shall rent a Unit unless they hold a current unrevoked operating license issued by the
Director of Community Development in his name for the specific named unit

(c)  Period of License:   Every operating license shall be issued for a period of one year

(d)  Requirements:     The Director of Community Development is hereby authorized to issue a new operating license for each Unit. 
No such license shall be issued unless the unit meets all applicable requirements of this code and  all laws of the state regarding units.

(e)  Application Form:   No operating license shall be issued or renewed unless the applicant owner or operator has first made
application on an application form provided by the Director of Community Development

(f)  Inspection:     No operating license shall be issued or renewed unless the applicant owner or operator agrees, n the application, to inspections as the Director of Community Development may require.  Inspections are to determine whether the Unit for which such license is being sought is in compliance with the applicable provisions of this code and with the applicable rules and regulations.

(g)  License Fee:   No operating license shall be issued or renewed unless the complete application form is accompanied by payment of a license fee of:

(1)  Twenty dollars ($20.00) per multi-family dwelling unit

(2)  One Hundred dollars ($100.00) for a single-family attached or detached dwelling unit.

(3)  A 10% discount fee off the license will be given to those who fully comply with the Niles Crime Free Multi-Housing Program

(h)  Representation for Notice:    No operating license shall be issued or renewed for a nonresident applicant unless such applicant
designates in writing to the Director of Community Development the name of an agent in the Village of Niles for the receipt of service of notice of violation of the provisions of this code.  No operating license shall be issued or renewed for a resident applicant, unless such applicant has first designated an agent in the Village of Niles for the receipt of  service of violations of the provisions of this code when the applicant reasonably expected to be absent from the Village for a period of thirty (30) days or more.  Such designation shall be made in writing, and shall accompany each application form.  All applications shall include a street address of the owner and designated agent(s).  Post office boxes will not be accepted.

(i)  Display of License:    Each license shall be displayed in the foyer or other conspicuous place within the common ways of a
multiple family dwelling.  License for single-family detached dwelling units, single-family attached dwelling units, and rooming house units need only be retained by the licensee.

(j)  Transferability:   No  license shall be transferable to another person or to another Unit.  Every person holding an operating license
 shall give notice in writing to the Director of Community Development within twenty four (24) hours after having transferred or otherwise disposed of the legal control of any licensed Unit.  Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such Unit.

(k)  Notice of Violation:  Whenever, upon inspection of the licensed Unit, the Director of Community Development or his designee
 finds that conditions or practices exist which are in violation of the provisions of this code or  of any applicable rules and regulations adopted pursuant thereto the Director of Community Development shall serve the owner or operator with notice of such violation in the manner hereinafter provided.  Such notice shall state that unless the violation(s) cited is corrected within a reasonable time period, the operating license may be suspended or revoked.

(l)  Reinspection and Suspension of License:    At the end of the time the Director of Community Development has allowed for correction
of any violation cited, the code enforcement officer shall reinspect the rental property and if he determines that such condition(s) has not been corrected, Director of Community Development may issue an order suspending the operating license.

(m)  Any owner, agent or designee may be required to attend the Village of Niles Crime Free Multi-Housing Seminar at the request
of the Director of Community Development based on the following considerations:

(1)  If the property rented by the owner is becoming a nuisance residential property as defined in Section 18-136 of this Code.

(2)  Criminal activity in excess of two incidents in a 6 month period, which is indicated or perpetrated by renters, guests or visitors

(3)  Any property in which they are deemed a public nuisance as defined in Sec. 66-4 of the Niels Code of Ordinances

(n)  Appeal and Revocation of License:     Any person whose license for a Unit has been suspended shall be entitled to a reconsideration
 of the order by an administrative hearing.   If no request for reconsideration reaches the hearing officer within ten (10) days following the issuance of the order of suspension, the license shall be revoked, except that prior to revocation any person whose license has been suspended may request a reinspection upon showing that the violation or violations cited in the notice have been corrected.  If the violations are corrected, the suspension shall be lifted by the Director of Community Development.

(o)  Extremely Hazardous Conditions:   In the event of a condition of extreme hazard to health or safety is found to exist, the
Director of Community Development may  immediately revoke the license.  Further action may be taken pursuant to Chapter 18 Buildings and Building Regulations, Article V Dangerous Buildings.

(p)  Separate Violation:     Each day a licensed residential rental property continues to operate after a license has been revoked shall
constitute a separate violation of this code subject to fine, within the limits as provided by the state or local laws.
(q)  Fine:     Any license violating any provisions of this code shall be subject to fine within the limits as provided by state or local laws.

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

Sec. 22-591  Crime Free Multi-Housing Program

The Niles Police Department in conjunction with the Village of Niles offers this voluntary program in an effort to deter crime on
rental properties  

(a)  Any owner of the property or property manager, which property is being rented out for residential purposes may attend and complete
 the Village of Niels Crime Free Multi-Housing Program Seminar.  The owner, agent or designee may attend the seminar

(b)  The crime free multi-housing coordinator, as designated by the chief of police, shall provide the director of community development
with a list of owners, agents an/or designee who have attended the Village of Niles Crime Free Multi-Housing Program Seminar with the date of attendance and verification that the owner, agent, or designee has complied with this article

(c  Any owner, agent or designee of residential rental property may utilize a crime free lease addendum or have a clause in the lease similar
to  a crime free lease addendum.  The crime free multi-housing coordinator shall provide at no cost samples of the crime free lease addendum and shall review any clauses within actual leases with the village attorney to determine if the clause  is similar to the crime free lease addendum.  The clause is to make criminal  activity (not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest, r other party under the control of the renter) a lease violation.  The landlord shall have authority under this clause to initiate eviction proceedings as specified in the Illinois Compiled Statutes Forcible Entry detainer 735 ILCS 5/9-101 et. seq.

(d)  Nuisance residential rental property.  It is hereby declared a nuisance and against the health, peace and comfort of the village for any
 property owner, agent or manager to allow or permit the following:  a)  rental of a residential unit, or residential building within an apartment community or governed by a homeowner's association to a tenant who allows any of the following offenses relating to the tenant,  member of the tenant household, guest or other party under the control of the tenant to occur:  murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering child pornography, harmful materials, criminal housing management, possession of explosive, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled substances act, violation of the Cannabis Control act or commission of any two or more of any other crimes under the State of Illinois or under the Federal Government not specifically listed above;  b)  rental of a residential unit, or residential building within an apartment community or governed  by a homeowner's association to a tenant who allows said property to be deemed a chronic nuisance property as set forth in section 18-138 of the Village Code.