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Local town ordinances relating to apartment buildings and restaurants


River Grove Illinois Apartment Inspection and License

Chapter 21

Property Inspection and Maintenance


7-21-1  Definitions
7-21-2  Rental Dwelling Inspection Code
7-21-3  Real Estate Transfer Inspection Code and Stamp
7-21-4  Appeal of Certificate of Inspection Denied or Revoked
7-21-5  Exemptions
7-21-6  Exemption of Stamp
7-21-7  Filing Fees and Costs
7-21-8  Boca Commission Compensation

7-21-1  Definitions

For the purpose of this chapter, the following  words and phrases shall have the meanings given to them in this section:

Basement:  That portion of a structure which is partly or completely below grade

Dwelling:  A building or portion thereof designed or used as a residence, including mobile homes, but excluding boarding or lodging houses, nursing homes, motels, hotels, tourist homes, tents and recreational vehicles

Dwelling, Multi-Family:  A building consisting of two (2) or more dwelling units

Dwelling, Single-Family:  A single dwelling unit and accessory uses thereto

Dwelling, Single-Family Attached:  A single-family dwelling attached to one or more single-family dwellings by one or more party walls with each dwelling located on a separate subdivided lot.

Dwelling, Single-Family Detached:  A single-family dwelling separated from other dwelling units by open space.

Dwelling, Townhouse:  A dwelling unit that is attached to one or more other dwelling units on the same lot, that has an individual private
 ground level entrance to the outside, and no portion of which is located above or below any other premises or portion thereof.

Dwelling, Two-Family:  A building consisting of only two (3) dwelling units.

Dwelling Unit:  A single unit providing complete, independent living facilities for one or more persons, including permanent provisions
 for living,  sleeping, eating, cooking and sanitation.

Extermination:  The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making
inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest  elimination methods approved by the county health department.

Floor Area, Dwelling Unit:  The area inside the exterior or fire walls of a building exclusive of the vent shafts, courts and public places.

Floor Area, Room:  The net area within the finished walls of a room

Habitable Room:  A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or  eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyer or communicating  corridors, closets, storage spaces or bomb shelters.

Housekeeping Unit:  A room or group of rooms forming a single habitable unit equipped and intended to be used for sleeping, cooking and eating which does not contain within such unit a toilet, lavatory, and  bathtub or  shower.

Landlord:  An owner, agent of an owner or other person who rents or leases a dwelling, dwelling unit, housekeeping unit or rooming unit to a tenant under an oral or written rental agreement.

Occupant:  Any person living, sleeping, cooking or eating in, or having actual possession of , a dwelling unit house-keeping or rooming unit.

Operator:  Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are leased.

Owner:  Any person who, alone or jointly or severally with others:

(A)  Shall have legal title to any dwelling or dwelling unit, with or without accompanying actual possession thereof; or

(B)  Shall have charge, or care or control of any dwelling or dwelling unit, as owner or agent of the owner, prime tenant, or as executor,
executrix, administrator, administration, trustee or guardian of the estate of the owner.  Any such person thus representing the actual owner shall be bound to comply  with the provisions of this code to the same extent as if such person were the owner.

Person:  Any individual, firm, corporation, association, partnership or limited liability entity

Rental Agreement:  An oral or written agreement covering a definite or indefinite period of

Rental Unit:  Any dwelling unit or housekeeping unit that is rented or leased or offered for rent or lease under a rental agreement.

Rooming House:  A building or part thereof that is not a hotel, motel, or tourist home and that provides lodging rooms to three (3) or more paying guests whoa re not members of the keeper's family and mainly to non-transients.

Tenant:  An occupant who occupies a dwelling, dwelling unit, housekeeping unit or rooming unit pursuant to a written or oral agreement with a landlord covering a definite or indefinite period of one week or more.

Meaning of Certain Words:  Whenever the words "dwelling", "dwelling unit", "housekeeping", "rooming house", "rooming unit", or "{premises" are used in this code, they shall be construed as thorough they were followed by the words "or any part thereof".  (Ord. (1997-06, 8-7-1997, eff. 10-2-1997).

7-21-2 Rental Dwelling Inspection Code

(A)  Certificate of Occupancy Requirement:

1.  No person, whether an owner, manager, agent or sublessor, shall operate and  NO OWNER SHALL PERMIT THE OPERATION
 OF A DWELLING UNIT OR ROOMING HOUSE OR RENT OR LEASE OR OFFER TO RENT OR LEASE ANY RENTAL UNIT UNLESS SUCH ESTABLISHMENT OR RENTAL UNIT HAS BEEN GRANTED A CERTIFICATE OF OCCUPANCY FROM THE VILLAGE AS PROVIDED HEREIN.

2.  No person in charge of any dwelling shall permit or allow any rental unit in such  dwelling to be rented or leased unless such unit
receives a certificate of occupancy as provided herein.

3.  The village shall cause periodic inspections of all dwelling units which are subject to this code and located within the corporate limits
 of the village.

(B)  Applicability:    This code shall be applicable to all residential properties located within the corporate limits of the village which are rented
or leased by the persons other than the owner, owners and/or persons not related to the owner or owners or will be offered to others for purposes of occupancy through renal or lease agreements, or by other mutually acceptable agreements leading to occupancy.

(C)  Registry of Owners and Premises:

1.  A registry of owners and premises shall be maintained by the building department of the village.

2.  The owners of one- and two-family dwellings and multiple-family dwelling units which are occupied at the time  of enactment of
 this chapter by persons other than the owner, owners, and/or persons not related to the owner or  owners or will be offered to others for purposes of occupancy through rental or lease agreement, or by other  mutually acceptable agreements leading to occupancy, shall register their names and places of residence or usual  places of business and the location of the premises regulated by this chapter with the building department of the  village.  The owners shall register within ninety (90) days after the enactment of this chapter and thereafter shall  re-register thirty (30) days prior to the expiration of a certificate of occupancy issued by the village which  shall be  valid for a period of three (3) years. Within thirty (30) days of a change of ownership, the new owner shall register  with the village in the same manner as previously set forth.  (Ord. 2997-06, 8-7-1997, eff. 10-1-1997).

(D)  Fees

1.   At the time of registration and before the applicable inspection is conducted, an inspection fee of seventy-five  dollars ($75.00)
and a registration fee of fifteen dollars ($15.00) per rental unit shall be paid by the owner or  operator of each one-family, two-family or multi-family dwelling structure subject to this code.  If more than one reinspection is required before the issuance of the occupancy permit, an additional fee of twenty-five dollars ($25.00) shall be paid by the owner or operator for each additional reinspection.  The additional reinspection fee shall  not be charged if the subsequent reinspection concerns conditions that have not been subject  previously inspection  and reinspection.

2.  All inspection and registration fees are payable  at the time of registration, and any additional reinspection fees must be paid before
 the issuance of any occupancy permit required by this code.  (Ord. 2001-10,  12-6-2001).

(E)  Inspections

1.  The village shall cause periodic inspections to be made of all dwellings subject to this chapter.  In no event shall the period between
inspections exceed three (3) years.

2.  Inspections shall be conducted in a manner best calculated to secure compliance with the applicable village regulations and appropriate
 to the needs of the community.

3.  The building commissioner or his designee may request permission to enter all premises regulated by this chapter at reasonable hours
 to undertake an inspection for compliance.

(F)  Inspection Warrants:  Where admission to premises to be inspected under the provisions of this code is refused by the occupant or person
in charge thereof, the village shall apply to a court of competent jurisdiction for an  administrative search warrant to inspect the premises.  The administrative warrant shall state the address of the  building to be inspected, the nature and reason for the  inspection.   The administrative search warrant shall state that it  is issued pursuant to this chapter and the purpose for which it is issued.

(G)  Inspection Policy and Record Keeping

1.  It is the policy of the village that the inspection procedures set forth herein are in the public interest, to secure the health and safety of
 the occupants of dwellings and the general public.

2.  The village shall keep records for all inspections and matters related to the procedures set forth herein:

(H)  Certificates of Occupancy

1.  Dwellings subject to this code shall not be occupied unless a certificate of occupancy has been issued by the  village.  The rental
certificate shall be issued only upon prior inspection of the premises, except as provided in subsection (H)4 of this section.  The certificate of occupancy shall be issued within fifteen (15) days after written  application therefor if the dwelling at the date of application is entitled thereto.

2.  Upon finding that there is no condition that would constitute a hazard to the health and safety of the occupants,  and the premises is
otherwise fit for occupancy, the certificate shall be issued.  If the finding is of a condition that  would constitute a hazard to health or safety, no certificate of occupancy shall be issued, and an order to comply  with this code shall be issued immediately and served upon the owner.  On reinspections and evidence of  compliance, the order  shall be rescinded and a certificate of occupancy issued.

3.  A certificate of occupancy shall be issued on condition that the premises remain in a safe, healthful and fit  condition for occupancy.
 If upon reinspection the village  determines that conditions exist which constitute a hazard  to the health or safety of the occupants, the certificate of occupancy may be immediately suspended and a notice  shall be served upon the owner to correct such violations.

4.  An owner or owner authorized agent shall apply for a certificate of occupancy.  Inspection and issuance of a  certificate of occupancy
shall be in accordance with the requirements of this code and with procedures established  by the village.  The village may authorize the issuance of a temporary certificate of occupancy without inspection for  those premises in which there are no violations of record as of the effective date hereof, and shall issue such  temporary certificate of occupancy upon applications in cases where inspections are not made within a reasonable  time not to exceed one hundred eighty (180) days.  Temporary certificates of occupancy may also be issued for  premises with violations of record when the owner can sow proof of action taken to correct such conditions.

5.  It shall be required, and the responsibility of the owner, to maintain the certificate of occupancy, either temporary  or permanent, as
 they are issued, at the premised for which they are issued.  The certificate of occupancy shall be  displayed on request of a code enforcement officer.  Failures to have the certificate of occupancy on display, or failure  to produce the certificate of occupancy on request, shall constitute a separate offense for which the owner and/or  occupant are liable.

6.  Buildings having more than two (2) dwelling units shall post the building certificate of occupancy which shall list  all dwelling units
 in said building in addition to their permitted occupancy loads.  The building certificate of  occupancy shall be visible at all times.

7.  Dwelling units which are part of a building that contains three (3) or more dwelling units, shall receive a certificate of occupancy
 issued to each specific unit in addition to the building.  The building shall not receive a certificate of occupancy until all dwelling units are in compliance with the codes of the village (Ord. 1997-06, 8-7-1997, eff. 10-1-1997).

(I)  Violations

1.  If, upon inspection, the premises or any part thereof is found to  be in violation of any provision of any ordinance of the village,
 including, without limitation, the fire prevention code, property maintenance code, building code, zoning ordinance, electrical code, plumbing code, cross connection code, or any such  other code adopted by the village, the violations shall  be recorded by the building commissioner or his designee and retained in the applicable owner and premises files.  (Ord. 2997-06, 8-7-2997, Ord.. 20-2-2997;  amd.. Ord. 2002-03, 3-14-2002)

2.  The owner and lessor or occupant shall be informed of the existence of the violations.  The owner and occupant/tenant are responsible
 for abatement of violations.  The notice shall state the date, name of the building commissioner or his or her designee, the specific details of the violation and the time within which the correction shall be completed.  (Ord. 1997-06,  8-7-1997, eff. 10-1-1997).

3.  A violation which is determined to constitute a hazard to the health or safety of the occupants as defined in the  property maintenance
code, under circumstances where the premises cannot be vacated, shall be ordered corrected  within the shortest reasonable time.  All other violations shall be corrected within a reasonable time as determined by  the village.  (Ord. 1997-06, 8-7-1997, eff. 10-1-1997; and Ord. 2002-03, 3-14-2002).

4.  If a violation of any village ordinance is found to exist on the premises and the violations are not abated, the village may revoke the
certificate of occupancy issued.  If a certificate of occupancy is revoked, the certificate of occupancy shall not be reinstated or issued until all violations are abated.

(J)  Revocation of Certificates of Occupancy

1.  A certificate of occupancy may be revoked at any time during the occupancy of the rental unit for which the  certificate of occupancy
 has been issued if the building commissioner or his designee determines, following a  reasonable investigation, that the unit does not comply with the provision of this code.  Prior to the revocation of a  certificate of occupancy, the building department shall provide the owner, agent or manager and the tenant with a  written report stating the defects noted during the investigation and providing a reasonable time for the correction of  said defects, except when the conditions of the unit pose an immediate threat to the life, health or safety of the  occupants in which case the building commissioner shall issue a notice of revocation to the owner, agent or manager and the tenants immediately and shall then cause the unit to be vacated without delay.

2.  If a dwelling unit in a multi-family building is found to be in violation of an ordinance of the village, the village  may revoke or
 suspend the building certificate of occupancy issued to that building as well as the one issued to the  specific unit.  The certificate of occupancy shall remain revoked or suspended until said violation is abated. 

(K)  Penalty

Any person violating the terms and conditions of this Code shall be subject to a penalty not exceeding five hundred dollars ($500.00) with each and every day that the violation of the Code is allowed to remain in effect  being deemed a complete and separate offense.  In addition, the appropriate authorities of the Village may take such  other action as they deem proper to enforce the terms and conditions of this Code, including  without limitation, an  action to compel compliance with its terms.  That any person violating the terms of this Code shall be subject, in  addition to the foregoing penalties, to the payment of court costs and reasonable attorney fees.  (Ord. 1997-06, 8-7-1997, eff. 10-1-1997).

7-21-3  Real Estate Transfer Inspection Code and Stamp

(A)  Inspection Stamp Requirement Upon Real Estate Transfer

1.  Compliance:  No owner, agent or person in charge of a dwelling or a structure used as a dwelling shall sell,  convey, quit claim, or
otherwise transfer same unless said dwelling or structure shall have been inspected and  determined to be in compliance with all of the provisions of the Real Estate Transfer Inspection Code, as evidenced by an inspection stamp issued by the Building Commissioner.

2.  Title Insurance Reports:  The requirement of inspection, obtaining the inspection stamp, and payment of  inspection fees shall be
mandatory on all transfers of ownership of or beneficial interest in all dwellings and  structures within the Village.  This requirement shall further be reflected on all real estate title insurance reports conducted precedent to the transfer of ownership to give public notice of the mandatory inspection and issuance of the inspection stamp.  Copies of this Chapter shall be sent to all title insurance companies with notice that the mandatory inspection and inspection stamp is required on any transfer of ownership of real estate in the Village. 

3.  Application for Inspection Stamp:  Any person owning real estate located within the Village shall, at the time of offering the real
 estate for sale or transfer, but not less than twenty one (21) days prior to any proposed sale, assignment or other transfer of any legal or beneficial interest of said real estate, file for an application for an  inspection stamp with the Building Department.

4.  Appointed Time of Inspection:  Upon request of the owner, agent or other persons authorized to sell a dwelling or  a structure used
 as a dwelling (hereinafter referred to as "applicant"), the Building Commissioner or his designee will be available at an appointed time within ten (10) working days agree upon by hi8mself and the applicant, or  later if applicant requests, to inspect such dwelling, or structure.  The term "ten (10) working days" in this instance  shall mean any ten (10)  business days from the date of the applicant delivers the application to the Village, during  regular business hours.

5.  Issuance:  If such inspection establishes that the dwelling or the structure used as a dwelling complies with the  provisions of the Real
Estate Transfer Code, then he shall issue an inspection stamp for said dwelling which shall be  affixed upon the original deed or document of transfer.  The inspection stamp shall indicate the date of inspection; and that such dwelling complies with the requirements of the Real Estate Transfer Ordinance.  The Village shall affix  the inspection stamp upon the original deed or document of transfer.  A record of all inspection stamps shall be kept  on file in the office of the Building Department and copies shall be furnished, upon request, to any person having an  interest or tenancy interest int he dwelling affected.

6.  Inspection Report:  Said inspection shall be governed by the inspection report on file in the Village Clerk's office and dated June 30, 1997.  (Ord. 1997-06, 8-7-1997, eff. 10-1-1997).

(B)  Fees

1.  For single-family dwellings, there will be a fee of fifty dollars ($50.00) charged for one inspection and reinspection and issuance of
 the stamp, payable prior to the initial inspection and issuance of the stamp.  There shall  be a fee of twenty-five dollars ($25.00) charged for each additional reinspection, payable prior to any reinspection.  No inspection stamp shall be issued without payment first being received by the Village.

2.  For all other dwellings and structures, there will be a fee of twenty-five dollars ($25.00) charged per dwelling unit  for one inspection
and reinspection and a fee of twenty-five dollars ($25.00) for issuance of the stamp, payable prior  to the initial inspection and issuance of the stamp.  There shall be a fee of twenty-five dollars ($25.00) charged per  dwelling unit for each additional reinspection thereof, payable prior to any reinspection.  No inspection stamp shall  be issued without payment first being received by the Village.  (Ord. 1998-01, 1-8-1998)

(C)  Temporary Certificate of Occupancy Requirement

1.  If such inspection establishes that a one-family dwelling, one-family dwelling attached, a condominium dwelling, a structure used as
 one-family dwelling or a two-family dwelling does not comply with the provisions of this Code, the Building Commissioner or his designee may issue an inspection stamp and temporary certificate of  occupancy for a period of no more than six (6) months if the buyer or new owner, his or her agent, or person in  charge of such dwelling shall deposit with the Building Commissioner a sum not less than fifty percent (50%) of the  reasonably estimated costs necessary to complete the required repairs as outlined by the terms of the temporary  certificate of occupancy.  Said deposit amount shall not be less than five hundred dollars ($500.00) and will not  exceed the sum of five thousand dollars ($5,000.00).  In no case shall the Building Commissioner issue an inspection  stamp and/or a temporary certificate of   occupancy  if he determines that there exist conditions unsafe or life  threatening conditions or that the dwelling is unfit for human habitation.  (Ord. 2997-15, 11-6-1997).

2.  The Building Commissioner or his designee may extend a temporary certificate of occupancy for an additional  period of up to
 six (6) months provided that this new owner, agent, or person in charge of such dwelling has  completed or corrected fifty percent (50%) or more of the estimated costs of all necessary and required repairs. 

3.  In the event the required corrections are not made by the new owner, agent, or person in charge within the time  specified by the
 Building  Department, the bond may be forfeited to the Village.  Before receiving an inspection  stamp and temporary certificate of occupancy, the buyer(s) must executye a checklist of required repairs at or prior to  closing and arrangements made with the Village for the required deposit.  The Village will then issue the inspection  stamp and a temporary occupancy permit.

(D)  Uninhabitable Dwellings:   If such inspection establishes that the one-family dwelling, one-family attached  dwelling, a condominium
dwelling, or a structure used as a one-family dwelling, or a two-family dwelling is  uninhabitable , the Building Commissioner or his designee  shall post such structure "No Occupancy".  Said posting  shall remain until sufficient repairs are made to grant a temporary occupancy permit.

(D)  Penalty

1.  Any person found guilty of violating, disobeying or opposing the enforcement of any other provisions of this Chapter upon conviction
thereof shall be fined not less than twenty-five dollars ($25.00) nor more than five-hundred dollars ($500.00) per violation.  Each day the violation is permitted to exist shall constitute a separate offense.

2.  In addition to the foregoing penalties, the Village may also institute a civil action against the violator to compel compliance with this
 Code.  In the event civil action i necessary, then the Village may recover reasonable attorney fees and court costs from the violator.

(F)  Disclaimer

1.  The Village does not warrant the condition of any property inspected and shall not be responsible for any claims arising out of the
property or the condition thereof.  The Village does not warrant that all deficiencies are listed in the  inspection report and does not warrant anything as to the condition of the property or the liability thereof.

2.  The issuance of an inspection stamp and/or temporary certificate of occupancy shall not operate as a waiver of  any right of the Village
 to  prosecute an owner or occupant of any real estate for any violation of any Village ordinance.  (Ord. 1997-06, 8-7-1997, eff. 10-1-1997).

7-21-4  Appeal of Certificate of Inspection Denied or Revoked

Any person whose application for a certificate of occupancy or an inspection stamp has been denied or revoked  under Section 7-21-2 or 7-21-3 of this Chapter or any person who is unable to comply with the provisions of these  Sections with regard to obtaining a certificate of occupancy or inspection stamp prior to the issuance of  a certificate  or stamp shall be granted an appeal to the BOCA Commission of the Village.  Such notice of appeal shall be filed  within ten (10) days from the date of   requirement to comply or denial or revocation of a certificate of an occupancy or  inspection stamp.  The BOCA Commission may grant a variance from the requirement of these codes only when the  owner or manager can prove that:

(A)  Compliance with requirements of these codes will place an extreme hardship on the owner or manager, or 

(B) Physical conditions make compliance impossible.  (Ord. 1997-06, 8-7-1997, eff. 10-1-1997).

7-21-5  Exemptions

The following deeds or trust documents shall be exempt from the provisions of this chapter except as provided in this section:

(A)  Deeds to or trust documents relating to:  1)  property acquired by any government body or from any governmental body; and
2)  property or interests transferred between governmental bodies.

(B)  Deeds or trust documents that secure debt or other obligation

(C)  Deeds or trust documents, that, without additional consideration, confirm, correct, modify or supplement a deed or trust documented
previously recorded

(D)  Deeds or trust documents where the actual consideration is less than one hundred dollars ($100.00), and there is no change of occupancy

(E)  Deeds or trust documents that release property that is a security for a debt or other obligation.  (Ord. 2001-02, 2-15-2001).

7-21-6  Exemption Stamp

(A)  In lieu of the inspection stamp provided in section 7-21-3 of this chapter supra, an exemption stamp shalll be issued provided that  an inspection by the village finds that the subject property is in conformance with the existing zoning ordinance and meets one of the qualifications for exemption provided above.

(B)  No fee shall be charged for the application for the exemption stamp and the related inspection (Ord. 2001-02, 2-15-2001).

7-21-7  Filing Fees and Costs

Applicants filing an appeal with the BOCA commission are responsible for all fees, costs and expenses incidental to  or connected with the appeal, and all appeals shall be accompanied by the non-refundable filing in the amount of  three hundred dollars ($300.00).  (Ord. 2001-09, 11-15.2001).

7-21-8  BOCA Commission Compensation

Each member of the BOCA commission shall receive as compensation for the member's services the sum of fifty dollars ($50.00) for each complete hearing attended by the member.  (Ord. 2001-09, 11-15-2001)