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Local town ordinances relating to apartment buildings and restaurants

Prospect Heights Apartment Inspection and License

Chapter 7

Property Rental Code

2-7-1  Licensing Requirements
3-7-2  Inspections
3-7-3  Inspection and Enforcement
3-7-4  Revocation of License
3-7-5  Notice of Revocation and Hearing
3-7-6  Inspection Fees

3-7-1  Licensing Requirements

Every person, individual, firm, owner, corporation or landlord or combination thereof engaged in the business of  leasing or renting any apartment building, multiple-unit, multiple dwelling, dwelling or dwelling units is hereby  required to make application to and receive an annual license from the city before engaging or continuing in such  business.  The application shall be accompanied by a twenty five dollar $25.00) annual license fee for each  commercial space leased, rented or to be rented.  An application for a license required by this chapter shall be made  in conformance with section 2-1-2 of this code.  The city shall issue said license if the following conditions are met;

A.  Code Compliance:  The applicant's 's property is not in violation of any ordinance of the city.

B.  Designation of Agent:  No operating license shall be issued or renewed for an applicant unless such applicant has  first designated an agent
 for the receipt of service of compliance for violations of the provisions of this chapter or  code and for service of process pursuant thereto when said applicant is absent from his or her normal place of  business.  Such a designation shall be made in writing, and shall accompany each application form.

C.  Renewal of License:  An application for renewal of an operating license shall be made thirty (30) days prior to the expiration of the current
operating license.  An application form shall be mailed to owner at least forty five (45) days prior to the expiration of the current operating license.

D.  Notice of Change in Ownership:  Every person holding an operating license shall give notice in writing to the  building official within
ten (10) days after having transferred or otherwise disposed of legal control of any licensed  apartment building, multiple unit, multiple dwelling dwelling or dwelling units.  Such notice shall include the name  and address of the person or persons succeeding to the ownership or control of such apartment building, multiple  unit, multiple dwelling, dwelling or dwelling units.

E.  Term of License:  Every license shall be in effect for the current fiscal year (May 1 _ April 30) unless sooner revoked for cause by the city.  (Ord. 0-01-35, 12-17-2001, eff. 12-27-2001)

3-7-2  Inspections

All one-family and two-family dwelling units, which are rented or leased, or are intended to be rented or leased, all  multi-family  dwelling units which are rented or leased or are intended to be rented, or leased, and all boarding or  lodging houses shall be inspected annually by a city inspector.  Fees for such inspections or reinspections shall be  paid by the property owner or landlord prior to the performance of said inspection or reinspection. The fees shall be  levied as set forth in this chapter.  (Ord. 0-04-28, 6-21,2004, eff. 7-1-2004).

3-7-3  Inspection and Enforcement

The  building official shall cause the health inspector, enforcement officer or such other appropriate authority as he  may designate to make annual inspections to which an applicant for a license or license shall consent to determine  the health and safety conditions of the apartment buildings, multiple dwellings, rooming houses, dwelling or  dwelling units within the city.  For the purpose of making such inspections the health inspector, enforcement officer, or the appointed public official shall request permission from the licensee to enter, examine and survey at any  reasonable time all apartment buildings, multiple dwellings, rooming houses, dwelling or dwelling units (Ord. 01-01-35, 12-17-2001, eff. 12-27-2001, and Ord. 0-05-1, 7-5-2005, eff. 7-17-2005).

If the tenant or person in charge of an apartment building, or a commercial building, multiple dwelling, rooming  house, dwelling or dwelling unit shall refuse such permission to the health inspector, enforcement officer and/or  designated official, the city administrator is hereby authorized to seek a warrant from a court of competent  jurisdiction to enter premises and conduct said inspection.  Permission by tenant or person in charge  to enter the  premises is interpreted as free access to the leased portion of the premises or central facilities serving the premises  for the purpose of such inspection, examination and survey.  (Ord. 0-87-26, 8-17-1987; and Ord. 0-05-23, 7-5-2005, eff. 7-17-2005).

3-7-4  Revocation of License

Any license or permit may be revoked by the city council during the life of such license or permit for the violation  by the licensee or permittee of any ordinance provisions relating to the license or permit, the subject of the license or  permit, or the premises occupied; such revocation may be in addition to any fine imposed.  This section shall not  apply to any license or permit for which a specific procedure for revocation of such license or permit is provided by  another ordinance of the city.  (Ord. 0-87-26, 8-17-1987).

3-7-5  Notice of Revocation and Hearing

The city administrator shall cause notice of the revocation of the license to be served on the licensee either  personally or by certified United States mail and the reason or reasons therefor and such license may within ten (10) days of the date of such notice, petition the mayor and city council for a hearing on restoration of license under  such conditions as the mayor and city council may deem necessary for the correction of conditions set forth in the  revocation notice (Ord. 0-87-26, 8-17-1987).

3-7-6  Inspection Fees

When inspections are performed as set forth in section 3-7-2 of this chapter, the owner or landlord shall first pay the following fee:

First inspection                                                          $100.00
First reinspection                                                       $175.00
All subsequent reinspections in a calendar year        $175.00

Rental inspection fee effective date shall be January 1, 2008 (Ord. 0-07-32, 8-20-2007).