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Local town ordinances relating to apartment buildings and restaurants

Norridge

Sec. 18-300  Applicability

No person or entity shall operate any of the following types of dwellings unless such person or entity holds a current, valid operating license issued by the village in his/her or its name for the specific-named type of dwelling:

A.  Single-family residential structures that are not occupied by the owner and are rented or leased to another person or entity

B.  Any dwelling unit in a multifamily structure which is not occupied by the owner and is rented or leased to another person or entity
(Ord. No. 170-11, 2, 2-23-2011)

Sec.l 18-301  Scope of License

Licenses shall be for an entire structure
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-302  Exemptions from licensing requirement


The following type0s of dwelling units shall be exempt from licensing:

A.  All owner-occupied, single-family properties

B.  All multifamily structures of four or fewer dwellings in which the owner of the entire structure resides in the structure

C.  Any property which is the subject of a contract sale or the seller or buyer resides in the property.

((Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-303  License period

Every operating license shall expire 12 months from the date of its issuance
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-304  Issuance of license

The building department is hereby authorized, upon application, to issue new operating licenses and renewals thereof, in the names of the applicant owner.  No operating license shall be issued or renewed unless the applicant owner or the owner's local representative has first made application therefor on an application form provided by the village and has paid the requisite fee.
(Ord. No. 1701-011, 2, 2-23-2011)

Sec. 18-305  Refusal to issue license; suspension or revocation of license

The building commissioner may refuse to issue said license, and the village may revoke or suspend said license, if the structure or premises is found, after inspection, not to meet all applicable requirements of the village codes.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-306  Inspections required; notice; access

A.  The village shall make an annual inspection of all structures and premises subject to licensing under this article X to determine
 whether the structures and premises, in connection with which such license is  held, are in compliance with applicable provisions of village codes and with any applicable rules and regulations adopted pursuant thereto.

B.  Inspections may occur more frequently than annually provided there is:

1)  Reasonable suspicion to believe that there exists within such rental dwelling, conditions which present a threat to the
health, safety,  welfare or general comfort of the resident(s) of such rental dwelling:

2)  A compliant lodged by the resident(s) of the rental dwelling to be inspected;

3)  A request made by a prospective resident accompanied by the consent of the owner (or owner's agent) of the rental
 dwelling to be inspected; or

4)  A request made by the owner or owner's agent

5)  A complaint lodged by a neighbor of the rental dwelling that there exists within such rental dwelling conditions which
present a threat to the health, safety, welfare or general comfort of said neighbor.

C.  Every owner or owner's agent or resident of any rental dwelling shall provide access to such rental dwelling to authorized village
employees or agents for purposes of inspecting the rental dwelling for compliance with all applicable standards and regulations set forth in village codes.  Either the owner, owner's agent, or the resident of the rental dwelling shall accompany the inspector during the inspection.

D.  Notice shall be given to the owner or the owner's agent and the resident of the rental dwelling at least five business days in
 advance of such inspection.

E.  Notice of inspection shall be provided to both the owner or owner's agent  and resident of the rental dwelling and may consist
 of a letter sent by first class mail, personal service, telephone call, or for residents only, the posting of a door hanger upon the door knob of the rental dwelling.  The form of notice shall be at the village's sole discretion; provided, however, the form used shall substantially achieve the purpose of this notice requirement. Where a rental  dwelling is occupied by more than one person, notice to one resident or occupant shall be deemed notice to all residents or occupants of the rental dwelling.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-307  Local agent

In cases where the owner of a property subject to licensing under this article X resides outside of Cook County, Illinois, no operating license shall be issued or renew4ed unless the owner designates, in writing to the village, the name, and address of an agent, who must be 18 years or older and a resident of Cook County, Illinois, as the owner's agent for the receipt of service of notice of violation of the provisions of village codes and for service of process pursuant to  village codes, unless the owner so designates that the agent shall receive such notice and service in all instances instead of the owner.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-309  Repairs; reinspection of premises

A.  Each and every resident or occupant of a rental dwelling shall give the owner thereof, or his agent, or his employees, access to any
 part of such rental dwelling at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or any any village code or regulation.

B.  At the end of a 30-day period allowed for correction of violations, the village will re-inspect the structure and premises.  If the
 violations have not been corrected, the village may institute violation proceedings seeking the issuance of an order to correct the conditions and/or seek an order suspending or revoking the operating license.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-310  Resident caused violations

Resident- or occupant-caused violations of any provisions of village codes are grounds for suspension, revocation or failure to issue a license

(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-311  Notice to tenants

If the village institutes proceedings to suspend or revoke an operating license, the license shall  give notice, in  writing, to the tenant on the affected property.  Said notice shall provide the following:  the physical address of the property; the date and time that the property owner is to appear before the local adjudication officer; the fact that the appearance is sue to alleged code violation; and the possible sanctions that may be imposed upon the property.  The notice shall be delivered, either personally or by United States Mail, to the tenant on the property and an additional copy of the notice must be posted in a prominent location on the property where the tenants will see it.  The licensee must provide certification to the village that it has so notified the tenant and posted such notice.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-312  Violation procedures

If the village determines, after a hearing, that any person or entity has failed to comply with applicable village codes including this article X, or any applicable rules and regulations adopted pursuant thereto, a fine may be imposed, remediation and compliance may be ordered, or the license held by that person or entity may be suspended or  revoked.  Such a hearing shall be held in accordance with the provisions of Chapter 22, article II of this Code.  The village's representative shall present evidence in support of the suspension or revocation, and the license holder or the license holder's local representative shall  be permitted to rebut such evidence and present any other evidence that is, in the discretion of the local adjudication officer, as the case may be, relevant and reliable.  Based upon the evidence presented at the hearing, the local adjudication officer, as the case may be, shall issue a written decision.   The decision shall be final and binding.  If a license is suspended or revoked, an order may be issued that the property, or portion thereof, be closed and secured against all unauthorized access, use and occupancy for a period of not less than 30 days  nor more than one year.  If a suspension or revocation is ordered, a status date shall be set at  which the order may be reconsidered or amended.  The suspension or revocation of any license shall not release or discharge the license holder from paying fees or fines under village codes, nor shall such license holder be released from criminal prosecution or further civil proceedings.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-313  Appeal procedures


A.  Any person or entity whose license has been suspended or revoked by the village after a hearing may appeal the local adjudication
officer's decision in accordance with the provisions of chapter 22, article II, section 22-40 of this  Code.  A written notice of appeal must be filed with the village clerk within 30 days of receipt of the local adjudication officer's decision.

B.  The filing of an appeal will not stay the effect of an order suspending or revoking a license hereunder.  Request for stays of an order
suspending or revoking a license pending appeal must be substantiated factually and in writing to the building commissioner and must be submitted to the village clerk within three business days of the filing of of the appeal.  Stays of orders suspending or revoking a license hereunder shall be granted by the building commissioner only for good cause shown.

C.  The village board may affirm or reverse the decision, modify the decision, or remand it to the local adjudication officer for further
action or review.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-314  Effect of suspension or revocation of license

Suspension or revocation is for the entire structure and shall be as specified in the order
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-315  Recovery of village expenses

The village shall be authorized to recover any expenses incurred by the village in suspending, or revoking a license under the provisions of this article or as authorized by any other applicable federal, state or local law or ordinance.  These expenses may include but are not limited to, the cost of personnel, equipment and materials.  It is not a defense to the payment of these expenses that the village may have otherwise experienced such costs in the ordinary course of business.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-316  Compliance

If, upon re-inspection, the local adjudication officer, as the case may be, determines that the structure or premises in connection with
which the order was issued is now in compliance with village codes and with any applicable rules and regulations issued pursuant thereto, the local adjudication officer may reinstate the license.
(Ord. No. 1701-11, 2, 23-2011)

Sec. 18-317  Tenant caused vandalism

No tenant or resident shall commit vandalism in the building in which the tenant's dwelling unit is located and no tenant shall permit vandalism to occur in such dwelling unit nor violate any of the provisions of village codes.
(Ord. No. 1701-11, 2, 2-23-2011)

Section 18-318  Inspection fees

A.  There shall be an annual inspection fee of $50.00.  Re-inspections during a year for which the annual fee was paid shall incur a
 fee of $50.00 for each re-inspection of a dwelling subject to this article until all violations are corrected.

B.  Any inspection fees remaining unpaid after two weeks following such inspection shall be a debt due and owing the village, and,
as such, may be collected in accordance with applicable law.
(Ord. No. 1701-11, 2, 2-23-2011)

Sec. 18-319  Penalty

A.  Any person or entity cited for violating provisions of this article X, upon conviction thereof by the local adjudicator, shall be
 fined a sum of not more than $750.00 for each offense.  Each day that the violation continues is a separate offense.

B.  The imposition of a penalty does not prevent suspension or revocation of a license or other administrative sanctions.
(Ord. No. 1701-, 2, 2-23-2011)