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Local town ordinances relating to apartment buildings and restaurants


Rolling Meadows Illinois

Multi-Unit  Building Ordinances

DIVISION 1.  GENERALLY

Sec. 18-381  Definitions
The  following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Community development director    includes the community development director and/or his or her designee

Dwelling unit    means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation

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

Multiple dwelling   means any building containing four or more dwelling units and not otherwise classified as single-family semi-detached or single-family attached.

Notice      unless otherwise stated, means all notices required in this article, which shall be in writing and which shall be served by one party upon the other by registered or certified mail, return  receipt required, or personally upon the landlord, lessee or member of  his household over the age of 12 years.

Occupant     means any individual, over one year of age, living, sleeping, cooking or eating in or having possession of a dwelling unit.  A guest  in a dwelling unit shall be considered an occupant if the guest stays in the unit for more than seven consecutive nights or more than ten nights in any 30-day period.

Operator      means any person who has charge, care, control or management of a building or pat thereof in which dwelling units are rented.

Owner     means 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.

Person     means 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     means 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.

Rental dwelling unit     means a dwelling unit occupied or available for occupancy by one or more persons, other than the owner of record, under a rental agreement, implied, or written,  with or without compensation, whether the rental dwelling unit be a multiple dwelling, single-family detached, single-family attached or single-family attached or single-family  semi-detached.

Tenant     means a person entitled under a rental agreement, implied or written, with or without compensation, to occupy a rental dwelling unit 
(Ord. No. 08-57,  1, 12-16-2008)

Sec. 18-382  Scope

This article is adopted to provide for the licensing and inspection of rental dwelling units within the city.  (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-383   Purpose and declaration of policy

It is the purpose of this article and the policy of the city to protect, preserve and promote the physical and mental well-being of its residents by regulating rental dwelling units in the city by encouraging landlords and tenants to maintain, repair, and improve the quality of rental housing in the community.  (Ord. No. 08-57, 1-, 12-16-2008)

Sec. 18-384,  Inspection by city

(a)  The community development director shall conduct inspections of rental dwellings in the city as follows:

(1)  Multiple rental dwellings (i.e. apartments).   Inspections of multiple dwellings shall be performed annually with the units to be inspected chosen at random.  Inspections shall be performed per the following schedule:

a.  Twenty percent of dwelling units must be inspected annually if the average number of violations per dwelling unit and its common areas equal two or less violations;
b.  Fifty percent of dwelling units must be inspected annually if the average number of violations per dwelling unit and its common areas equal three to four violations;
c.  One hundred percent of dwelling units must be inspected annually if the average number of violations per dwelling unit and its common areas equal five or more violations.

(2)  Single-family rental dwellings (attached, detached and condos).   An inspection of a single-family rental dwelling shall be performed at least once every three years provided that the number of violations found on the premises equal three or less.

a.  If the number of violations found on the premises for the previous 12-month period equal four or more, the premises must be inspected within the next 12-month period.

(b)  The community development director shall conduct annual inspections of common areas of multiple dwellings.  The inspection of the common areas shall include, but is not limited to, all hallways, stairways, lobbies, utility rooms, laundry rooms, storage rooms, recreation rooms, grounds, refuse areas, parking areas, building extensions, signs and other areas designed for common use by dwelling unit occupants.  Such inspections  are for the purpose of enforcing this article and any other sections of this Code applicable or pertaining thereto.

(c)  The community development director shall conduct inspections of rental dwelling units in the company of the landlord or his authorized representative or in the company of the tenant(s).  Notice of the time and date of impending inspections shall be given to the tenant(s) either by the city or by the landlord or his/her authorized representative.

(d)  The community development director shall be authorized to inspect any rented or un-rented dwelling unit for the purpose of enforcing this article, notwithstanding subsection (c) of this section, under the following circumstances:

(1)  At the request of, or with the consent of, a person over the age of 17 years who resides therein.
(2)  In an emergency which  represents an immediate threat to persons or property
(3)  Pursuant to a search warrant issued by a court.

(e)  If no consent has been given to  enter or inspect the property, no entry or inspection shall be made without the procurement of a warrant form from the circuit court of the county.  The court may consider any of the following factors along with such other matters as it deems pertinent in its discretion as to whether a warrant shall issue:

(1)  Eyewitness account of a violation;
(2)  Citizen complaints;
(3)  Tenant complaints;
(4)  Plain view violations;
(5)  Violation s  apparent from city records;
(6)  Property deterioration;
(7)  Age of the property;
(8)  Nature of the alleged violation;
(9)  Similar properties in the area;
(10)  Documented violations of similar properties in the area;
(11)  Passage of time since last inspection;
(12)  Previous violation s on the property

Cause for issuance of a warrant shall be deemed to exist in light of reasonable legislation and administrative standards which show that there is reason to believe that a condition of  nonconformity exists with respect to a particular property in violation of a city ordinance.  (Ord. No. 08-57, 1, 12-16-1008)

Sec. 18-385  Penalties

(a)  In addition to any other remedy or penalty specified for a violation of any particular section of this chapter, any person violating any section of this article shall, upon conviction, be subject to a fine in accordance with the schedule of rates,  fees, fines, and penalties as adopted by the city council from time to time and found in appendix B of the Code of Ordinances and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(b)  Before filing a complaint in court with respect to a violation of this article, the community development director shall deliver or mail a violation notice  to the landlord, operator or other party designated to receive notices and service of process on behalf of such landlord or operator, requesting compliance.

(c)  No person acting as operator or collector of rents of any property involved in any proceeding because of violations or alleged violations of this article shall be liable therefore if such person shall, within five days after receipt of notice of any alleged violation, have notified the owner of the property or the employer of such person of the purported violation of any section of this article and shall have delivered to the community development director a copy of such notice with proof of service thereof on the owner or employer.  (Ord. No. 08-57, 1, 12-16-2008).

Sec. 18-386  Civil action to enforce compliance

Whenever the community development director has reasonable cause to believe that any landlord is engaged n a pattern or practice of violating this article or the landlord's operating license has been suspended, the city, in addition to all other remedies provided in this article, and  bring a civil action by filing a complaint signed by the community development director, setting forth the facts pertaining to each cause, and shall have a right to one or more of the following:  A permanent or temporary injunction, a restraining order, the appointment of a receiver, damages or fine not to exceed $1,000.00.  Each day a violation exists or continues shall be a separate and distinct offense.  Such relief may be obtained against the landlord responsible and shall be as is necessary to ensure compliance with this article  and the full enjoyment of the rights established in this article.  Before filing a complaint in court with respect to a violation of this article, the community development director shall notify the offending landlord, operator or other party designated to receive notices and services of process on behalf of such landlord or operator requesting compliance.  (Ord. No. 08-57, 1, 12-16-2008).

Secs. 18-387 - 18 - 415  Reserved

DIVISION 2  LICENSE

Sec. 18-416  Required

(a)  No dwelling unit within a multiple dwelling or a single-family dwelling shall be operated as a rental dwelling   unless the owner or landlord, as defined in this article, holds a current, unrevoked, operating license issued by the city annually, in the owner or landlord's name, for the specified, named, rental dwelling.

(b)  Every operating license shall be effective for a 12-month period of time beginning June 1 to May 31, or fraction thereof if issued during the year.

(c)  No operating license shall be issued or renewed unless the owner or landlord has first made application therefore on an application form provided by the city.

(1)  An owner or a landlord of more than one rental dwelling unit may make a single application for all units owned or operated in a multiple dwelling
(2)  An owner or landlord of more than one single-family rental dwelling must make a separate application for each single-family rental dwelling.

(d)  The community development director is authorized, upon application, to investigate and issue new rental licenses and renewals there of in the names of owners or operators of rental dwellings.

(1)  No new rental license shall be issued or existing license renewed until the rental dwelling for which the license is sought has been found, after inspection by  the community development director, to meet all requirements of this Code and of applicable rules and regulations pursuant thereto.
(2)  Each applicant shall be notified by the community development director in advance of the date of such licensing inspection.  (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-417   License fee

(a)  [Payment due at time of application]     No operating license required by this division shall be issued or renewed unless the completed application form is accompanied by payment of an annual license fee.  The annual fee for operating licenses for rental dwellings shall be in accordance with the schedule of fees as adopted by the city council from time to time and found in section 18-424 and appendix B of this Code.

(b)  Late fee     Any person failing to properly renew their license by May 31 of each year shall be assessed a 100-percent late fee.

(c)  Reinspection fee   Where third and subsequent reinspections are required to determine compliance with the  related   a reinspection fee shall be paid.  Reinspection fees shall be computed on the actual hourly cost  for each inspector plus a 40-percent overhead surcharge per reinspection.      (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-418  Designation of agent

No operating license required by this division shall be issued or renewed for an applicant unless such applicant has first designated an agent for the receipt of service of complaints for violations of this article and for service of process pursuant thereto when the applicant is absent from the city.  Such a designation shall be made, in writing, and shall accompany each application form.  (Ord. No. 0857, 1, 12-16-2008)

Sec. 18-419  Renewal

Under this division, an application for renewal of an operating license shall be made 30 days prior to the expiration of the present operating license  (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-420  Display; change in ownership

(a)  Each license issued pursuant to this division shall be displayed in a conspicuous place within the common ways of the rental dwelling.

(b)  Every person holding an operating license shall give notice in writing to the community development director within five days after having transferred or otherwise disposed of the legal control of any licensed rental dwelling.  Such notice shall include the name and address of the person succeeding to the ownership or control of such rental dwelling.

(c)  The fee for transferring a rental dwelling license shall be the same as a new license for single-family rental ($30.00 for condominiums,              $50.00 for single-family dwellings) or five percent of the minimum fee based on the number of dwelling units.  (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-421  Suspension or revocation

(a)  Whenever, upon inspection of the licensed rental dwelling, the community development director finds that conditions or practices exist that are in violation of this article, or of any of the sections of this Code or  of any  applicable rules and regulations pursuant thereto, he shall serve the owner or operator with notice of such violation.  Such notice shall state that unless the violations cited are corrected with a reasonable time of not less than five days, except for emergency situations, in the sole discretion of the community development director, the operating license may be suspended. 

(b)  At the end of the time he has allowed for correction of any violation cited, the community development director shall reinspect the rental dwelling, and if he determines that such conditions have not been corrected, he may issue an order suspending the operating license to take effect five days following service of the notice of suspension upon the landlord unless, in the interim, the landlord requests, in writing, a hearing.

(c)  Any person whose license to operate a rental dwelling is subject to suspension pursuant to a suspension order shall be entitled to a hearing on the suspension action by filing with the city clerk a written request for a hearing before the city manager within two business days following the receipt of the suspension order.  Upon receipt of the request, the hearing shall be scheduled by the city  manager, to be held before the city manager at a date not more than two business days thereafter.  Upon completion of the hearing, the city manager may  either:

(1)  Confirm the suspension;
(2)  Revoke the suspension and allow additional compliance time; or
(3)  Rescind the suspension

(d)  If no request for a hearing by the city manager of a suspension order is filed, as provided in subsection (c) of this section, the suspension order shall remain in effect until the violations in question have been corrected, as determined by the community development director upon reinspection of the rental dwelling unit.

DIVISION 3   RENTAL DWELLING OWNER  LANDLORD / MANAGER RESPONSIBILITIES

 Sec. 18-422  Duties and responsibilities of owner / landlord / manager

(a)  It shall be the duty and responsibility of an owner/landlord/manager to maintain rental dwellings in a safe and sanitary condition in compliance with the provisions of the city Code.  The board, officers or management company for each condominium or townhouse association shall maintain a list of each unit or townhouse which is being rented together with the name and address of each owner of the unit or townhouse.  The list shall also be filed with the community development director annually between March 1 and April 1 of each year.

(b)  It shall be unlawful for any owner / landlord / manager to knowingly allow or to have knowledge of and make no attempt to prohibit the commission on the premises of offenses pertaining to the following provisions of the city Code:

(1)  Section 38-34, paragraphs (1), (2), (3), (6), (8), (10), (11) - Nuisances;
(2)  Section 38-101 - Inoperable motor vehicles;
(3)  Section 70--126 - Graffiti;
(4)  Section 7-261 - Discharge a weapon

(c)  Any owner / landlord / manager found guilty of a violation of subsection (a) or (b) above shall be fined not less than $50.00 and no more than $1,000.00   (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-423  Criminal housing owner / landlord / manager

(a)  Any owner / landlord / manager who is convicted three or more times of violations of the city Code, where all of the convictions pertain to action or non-action involving the same premises, and who shall be subsequently convicted a fourth time within the same time period for violating provisions of the city Code related to residential building maintenance and  the ICC Property Maintenance Code as published by the International Code Council, Inc.,   as adopted by reference by the city, and is found to have recklessly permitted the physical condition or facilities  on the premises to become or remain in a condition which endangers the health or safety of any person, shall be adjudged to be a criminal housing manager.

(b)  Anyone adjudged to be a criminal housing manager shall be punished upon conviction with a fine not to exceed $1,000.00 and/or a term of incarceration not to exceed six months.

(c)  Upon a finding by the city manager, after hearing thereon, that any building, in relation to which a conviction under this section 18-423 has occurred, is no longer safe for habitation and is a dangerous building, the city manager may  declare that building to be a dangerous and unsafe building and the corporate authorities may apply to the circuit court for an order requiring removal of garbage, debris, hazardous, noxious, or unhealthy substances and requiring repairs to be made to put the building in a safe condition.  Such order may authorize the city to take action to put the building in a safe and sanitary condition and to charge the cost of taking that action, including all court costs and attorneys' fees, to the building owner and to place a lien against the real estate involved for payment of such costs.   (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-424   Annual rental dwelling license fee

Paragraph 29 of section VI, building and construction fees, of appendix B, schedule of rates, fees, fines and penalties, is hereby amended and restated as follows:

29  Annual rental dwelling license fee

Multiple dwelling (i.e. apartments)

20 percent of units inspected:  $20.00 per dwelling unit
50 percent of units inspected:  $55.00 per dwelling unit
100 percent of units inspected:  $90.0 per dwelling unit

Single family multiple dwelling (i.e. condominiums)

0-3 violations,  inspected every 3 years:  $30.00
4 or more violations, inspected every 12 months:  $90.00

Single-family dwelling - detached and attached (i.e. SFR, Townhomes)

0-3 violations, inspected every 3 years:  $50.00
4 or more violations, inspected every 12 months:  $150.00

(Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-425  Duration of article XI, rental dwellings

Article XI shall lapse on December 31, 2013 and shall become null and void unless specifically  extended by action of the city council.                (Ord. No. 08-57, 1, 12-16-2008)

Sec. 18-426 - 18-450  Reserved