Go to Cole Home Maintenance home page

Local town ordinances relating to apartment buildings and restaurants


Schiller Park Apartment Inspection Ordinances

Chapter 98

Multi-Family Dwellings

Licensing of Multi-Family Dwellings


98.01  Purpose

It is hereby declared that the purpose of this chapter is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control incidence of communicable diseases, to regulate privately and publicly owned dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of  the people and to promote the general welfare by legislation which shall be applicable to all dwellings now in existence or hereafter constructed.  It is hereby further declared that the purpose of this sub chapter is to insure that the quality of housing  is adequate for protection of public health, safety and general welfare, including:  Establishment of minimum standards for basic equipment and facilities for light, ventilation, and thermal conditions, for safety from  fire and accidents for the use and location and amount of space for human occupancy, and  for an adequate level of maintenance;  Determination of the responsibilities of owners, operators and occupants of dwellings; and Provision for the administration and  enforcement thereof.    (Ord. 94-1890, passed 10-11-94)

98.02  Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Address     A street number and apartment or unit number, if any, but not a post office box number or such other box number

Agent     An agent may be either:

(1)  Managing Agent     A person or employee of a licensee hired to oversee or supervise the day-to-day operations of the licensed multiple family building, provided such person or employee is over the age of 21 years and has designated an office located within ten miles of the licensed multiple family building for the purposes of accepting notice and service of process in connection with the administration and enforcement of this chapter; or

(2)  Designated Agent     A person authorized by the owner of the licensed multiple family building to accept notice and service of process in connection with the administration and enforcement of this sub-chapter.

Basement     A portion of a building located partly under ground, but having less than half its clear floor-to-ceiling height below the average
grade of adjoining ground

Building     Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property

Building Code     All ordinances of the Village affecting the construction of buildings and other structures, including but not limited to the
regulations contained in Chapter 150 of this code.

Building Official     The Chief Inspector of the  Bureau of Fire Prevention of the Village and his duly authorized agents.

Cellar             A portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling
 height  below the average grade of the adjoining ground.

Code         The Municipal Code of the Village, as same may be amended from time to time, including those national and model codes adopted
 by reference in said Municipal Code

Common Areas (interior)     Any portion or part there of of a multiple family building having communal areas (laundry, furnace, storage
 rooms, hallways, stairway, meeting rooms) and all other areas located within a multiple family  building, outside of a dwelling unit.  Interior common areas shall also include stoops, entrance doors, roofs, attics, balconies,  lighting fixtures, signage, railings, patios, storage areas, garages, exterior garages, exterior building surfaces, gutters and downspouts and any  other areas of a multiple family dwelling unit or  multiple family building to which the owner is directly responsible for the  proper maintenance thereof.

Common Areas (Exterior)     The private roads and streets and private sidewalks adjacent thereto, landscaping, detention ponds, utility facilities,
trash enclosures, play ground equipment, swimming pools, tennis courts, basketball courts,  or any other recreational facilities, trail areas, parking areas, private dries, detached garages, lighting fixtures, signage, mail  boxes, street benches, entrance monuments, perimeter fencing and such other improvements or structures from time to time or at any time located or constructed on a common area.

Comptroller/Village Manager     The Comptroller/Village Manager of the Village or his designated representatives.  Designated representatives
 for the administration and enforcement of this chapter include the Finance Director, the Building Official, Director of Health Services, the Chief of the Fire Department, and their representatives, all of the Village

Condominium     Any dwelling unit under individual ownership in a multi-unit structure as provided in the Condominium Property Act of the
Compiled Statutes of the State of Illinois

Condominium Association     Any organization or association which governs the operation of common areas or services for two or more
condominiums

Dormitory     A room or group of rooms in any dwelling used for living and sleeping purposes by four or more persons

Dwelling     Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants

Dwelling Unit     One or more rooms in a residential structure which are arranged, designed, used, or intended to be used by one family for
living or sleeping purposes and which include complete kitchen and sanitary facilities permanently installed.

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, or trapping; or by any other recognized legal pest elimination methods approved by the Comptroller/Village Manager.

Family

(1)  Any number of persons each related to each of the others by blood, marriage or adoption, living and maintaining a common
 household in a dwelling unit; not more than three persons who are not related to each of the others by blood,  marriage, or adoption, living and maintaining a common household in a dwelling unit other than a detached single-family dwelling; or not more than five persons who are not each related to each of the others by blood, marriage, or adoption, living and maintain a common household in a detached single-family dwelling owned by one or more of the occupants.  For the  purpose of this definition, "maintaining a common  household" shall mean the joint occupancy and use of the entire dwelling  unit and the facilities, therein, with the exception of bedrooms, by all of the residents.

(2)  Any R-3 or R-4 Multiple Family  Residence District shall be limited to the following family classifications with the exceptions of convents, monasteries, rectories, and parish houses:

(a)  One or more persons, each related to the other by blood, marriage or adoption and living together in a single dwelling unit and maintaining a common household, including domestic servants and not more than one gratuitous guest; and

(b)  Not more than three unrelated persons living together in a single dwelling unit and maintaining a common household

Fire Prevention Code     All ordinances of the Village pertinent to fire prevention, including but not limited to Chapter 92 of this code.

Foot Candle     The quantity of light reaching a surface.  It is equal to the number of lumens divided by the  square footage of the surface the
lumens are covering, that is, one lumen covering one square foot equals one foot candle.

Garbage     The word garbage shall mean any rejected or waste household food, offal, swill, or carrion and every accumulation of animal, fruit,
 or vegetable matter that attends the preparation, use, cooking, and dealing in or storage of  meats, fish, fowl, fruits or vegetables and any other matters of any nature, which are subject to decay, putrefaction, and the generation of noxious or offensive gases or odor, or which during or after decay may serve as breeding or feeding material for flies or other insects.

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, panties, foyers, corridors, closets, storage spaces or stairways.

INFESTATION     The presence within or around a dwelling of any insects, rodents or other pests

Lumen     The quality of light emitted by a light source

Managing Agent     A person or firm, acting for another, with authority to rent and manage a multiple family building and its individual units

Multiple Family Building     For the purpose of this chapter, residential buildings under one ownership, designed and built to contain a group of three or more individual dwelling units, in which units may touch by virtue of common or party walls and floors and ceilings, and which is located within the corporate limits of the Village

Multiple Family Dwelling Unit     A unit within which a family resides which permits such family to live independently of any other family within a multi-family dwelling building

Occupant     Any person 12 years of age or older, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit, provided, however, that any child over one year and under 12 years of age shall be considered as one-half person for the purpose of this chapter.

Operator     Any person who has charge, care, control or management of a multiple family dwelling unit or multiple family building, or part thereof, in which dwelling units or rooming units are let.

Owner     Any person who alone, jointly or severely with others has legal title to any multiple family building or multiple family dwelling unit, with or without accompanying actual possession thereof, or who has charge, care or control of  any multiple family building or multiple family dwelling unit, as owner, or other person; or is an executor, administrator, trustee, or guardian of the estate of the owner; is a mortgagee in possession, or is a senior officer or a trustee of the  association of multiple family building owners.

Person     Any natural person, partnership, firm, trust, corporation or association.  Whenever used with respect to service of notice and/or process or to any penalty, the term PERSON as applied to partnerships or associations shall mean the partners or members thereof and as applied to trusts or corporations, shall mean the trustees or officers thereof.

Plumbing     All of the following supplied facilities and equipment:   gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dish washers, lavatories, bathtubs, shower bath, installed clothes-washing machines, catch basins, drains, vents and any similar fixtures, together with all connections to water, sewers or gas lines.

Rooming House     Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let for compensation by the owner or occupant or operator to three or more persons who are not husband and wife, son or daughter, mother or father, sister or brothers, grandparents, grandchildren, niece or nephew or domestic employee, not to exceed two in number of the owner or operator.

Rooming Unit     Any room or group of rooms forming a single habitable unit used or intended  to be used for living and sleeping but not cooking purposes.

Rubbish     All combustible and non-combustible waste materials except garbage

Supplied     Paid for, furnished or provided by or under the control of the owner-operator.

Townhouse     Any dwelling joined to another dwelling or dwellings at one or two sides by a party wall or walls and designed exclusively for the use or occupancy by one family of the internal space from lowest basement or floor level to roof

Townhouse Association     Any organization or association which governs the operation of common areas of two or more townhouses.

Village     Village of Schiller Park, an Illinois home rule unit and municipal corporation

(Ord. 94-1890, passed 10-11-94; Am Ord 95-1909, passed 1-28-95; Am. Ord. 99-21-48, passed 1-12-99; Am. Ord. 11-2814 passed 1-25-11).

98-03   Operating License Required

Other than condominium and townhouse associations (which are exempt from the licensing provisions of this sub-chapter), it is unlawful for any person to operate a multiple family building without having first obtained an operating license therefor.  Operating licenses shall be issued by the Village Clerk in accordance with the provisions of this sub-chapter and Chapter 119 of the code of ordinances.

(A)  No person or association shall operate a multiple family building unless he holds a current, unrevoked operating license issued by the
Village in his name for the specific named multiple family building.

(B)  Every operating license shall be issued for a period of one year from the date of issuance, unless sooner revoked for cause, and may be
 renewed for successive periods not to exceed one year.

(C)  The Village Clerk is hereby authorized upon application to issue new operating licenses, and renewals thereof, in the names of applicant
 owners or operators of multiple family building.  No such operating licenses shall be issued  unless the multiple family building in connection with which the operating license is sought is found after inspection to meet all applicable requirements of this code and the applicable rules and regulations pursuant thereto.

(D)  No operating license shall be issued or renewed unless the applicant, owner, or operator has first made application therefor on an application form provided by the Village

(Ord. 94-1890, passed 10-11-94; Am Ord. 95-1909, passed 1-28-95; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98.99.

98.04  Operating License Application

In accord with Chapter 119, no such operating license shall be issued except upon written application filed with the Village Clerk.  A complete application for an operating license shall be filed no less than 30 days prior to issuance thereof.  Said application shall be signed by the legal title holder of the multiple family building.  Any person seeking to renew an  operating license issued pursuant to this sub-chapter shall file a completed application not less than 30 days prior to the  expiration of the currently valid operating license.  Application forms may be obtained from the Village Clerk and contain such information as the Village Clerk may, from time to time, require, including, but not limited to:

(A)  Name, address, birth date, work and home telephone numbers of each owner of the multiple family building.  When the owner is a
land trust, the application shall include the name and address of each person(s) holding a beneficial interest and/or power of direction therein.

(B)  Name, address, birth date, work and home telephone numbers of any person appointed as managing agent of the multiple family building.

(1)  If the managing agent is other than a natural person, the above information shall also be provided for that employee of the managing
agent specifically assigned to the multiple family building.

(2)  A copy of the written management agreement between the owner and the managing agent shall be attached to the application.

(3)  If no written agreement exists, the owner and managing agent shall attach an executed statement setting forth the terms of the
 managing agent's authority to rent, manage and make expenditures with respect to the multiple family building.

(C)  Name, address, work and home telephone numbers of the  janitor(s) or engineer(s) in charge of the maintenance of the multiple family
building and its heating, cooling, plumbing and electrical systems.  Attached to the application shall be a statement of the janitor(s) or engineer(s) authority to maintain and repair the multiple family building and its systems, including emergency repairs.

(D)  If no managing agent has been appointed, the name, address, birth date, work and home telephone numbers of a designated agent
 authorized by the owner or operator to accept notices and process.

(E)  The  name, address and telephone number of each company  that services the fire alarm systems and/or elevator(s)

(F)  A copy of the most recent test results of fire alarm and emergency lighting systems required under of 98.16(D) Additional Requirements

(Ord94-1890, passed 10-1194; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 95-19-14, passed 2-28-95; Am. Ord. 96-1974, passed 2-13-96; Am. Ord. 99-2148, passed 1-12-99)

98.05  Operating License Term

Each operating license granted hereunder shall be an annual license, the term of which shall commence on January 1 of a given year and shall terminate on December 31 of the same year.

(Ord. 94-1890, passed 10-11-94)

98.06  Operating License Fees

Each application for an operating license shall be accompanied by a license fee.  The license fee shall e determined by the following schedule:

Number of Units Owned        Operating License Fee

3  to 50                                     $145 per building and $5 per unit
51 to 350                                  $95 per building and $5 per unit
351 or more                             $90 per building and $5 per unit

In the event a completed operating license application is not submitted together with the required license fee prior to January 1 in any given year, the license fee shall be increased by 20%; and further the base license fee shall be increased by additional 20% on the first day of each subsequent month, until such time as a complete operating license application and the required license fee is paid.

In the event the ownership of a building changes during the license year, the license fee for the new owner shall be determined on a prorated per diem basis.  No refund of any license fee paid shall be made.

Notwithstanding any provisions contained herein above to the contrary, the owner of a multiple family building containing more than 100 dwelling units may elect to pay the license fee in two installments.  The first installment shall be in the amount of 50% of the applicable license fee and shall be paid at the time of application for the operating license hereunder.  The balance of the applicable license fee shall be paid on or before July 1 of the license year.  In the event the balance of the applicable license fee is not paid on or before July 1 of the license year, the operating license shall be deemed to have terminated on July 2 of the license year, without further action by the Village.

Notwithstanding any provision contained hereunder to the contrary, no operating license shall be renewed until such time as all costs provided by this sub-chapter have been paid.

(Ord. 94-1890, passed 10-1194; Am Ord. 99-2148, passed 1-12-99)

98.07  Inspections

Every multiple family building shall be owned, operated and maintained in full compliance with all applicable ordinances, codes and regulations of the Village.

(A)  The first operating license applied for with respect to any multiple family building under this sub-chapter shall not be issued to any owner
for any multiple family building, in the event that, at the time of application:

(1)  An existing inspection report identifies any code violation which has not been corrected, and the time for correction of said violation
as noted in such inspection report has expired; or

(2)  Litigation is pending with respect to code violations at such multiple family building

(B)  The Village shall conduct an inspection program with procedures designed to accomplish an annual inspection of every multiple family
building during the license year to determine the condition of each multiple family building located within the Village for the purpose of safeguarding the health and safety of all occupants thereof and of the general public, and to determine whether such multiple family building is in full compliance with all applicable ordinances, codes and regulations of the Village.  The Village may make such additional inspections whenever the Building Official deems such inspections to be necessary, provided, however, that all inspections must be made at reasonable times.

(1)  The owner and/or occupant of every multiple family dwelling unit shall give the Building Official free access to such multiple family dwelling unit and/or multiple family building at all reasonable times for the purpose of inspection.

(2)  In the event any such owner and/or occupant fails or refuses to permit free access and entry to such multiple family  dwelling unit and/or multiple family building under his control or, any part thereof, with  respect to which an inspection authorized  by this sub-chapter is sought to be made, the Comptroller/Village Manager may petition for such order from a court of competent jurisdiction directing such owner and/or occupant to permit this inspection.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 99-2148, passed 1-12-99; Am. Ord. 08-2678, passed 5-27-08).

98.08  Operating License Location

An operating license issued pursuant to this sub-chapter shall be valid with respect to one specific multiple family building and may not be transferred to any other multiple family building.

(Ord. 94-1890, passed 10-11-94)

98.09  Operating License Terminates Upon Sale

Notwithstanding any provision contained in this sub-chapter to the contrary, an operating  license issued pursuant to this sub-chapter shall terminate upon the sale of the multiple family building described in such operating license

(Ord. 94-1890, passed 10-11-94)

98.10  Inspection Upon Sale

(A)  No multiple building shall be sold unless the seller furnishes the buyer with a pre-sale inspection report dated  no more than 120 days
 prior to the date of closing and dated no later than the day of the closing on the sale of said multiple  family building.  Said report shall be based on an inspection by the Building Official of all dwelling units and all interior and  exterior common areas.  The report shall state that such unit or building, as the case may be, complies with all applicable  ordinances, codes, and regulations of the Village or, in the alternative, list with specificity the manner in which such unit or  building does not comply with all applicable ordinances, codes and regulations.  The request for a pre-sale inspection must be made, in writing to the by this sub-chapter is sought to be made, the Building Official may petition and obtain an order Village Clerk, not less than 30 days prior to the scheduled date of the closing.  The pre-sale inspection fee shall be based on the  number of inspector hours required to make said inspections and prepare the required report.  The fee shall be $35 per hour per inspector.  In the event  a pre-sale inspection report is requested and the annual inspection authorized by this sub-chapter  has not yet been performed for the current license year, the license fee paid for the current license year shall be credited  towards the pre-sale inspection fee.  The pre-sale inspection fee shall be paid in the office of the Village Clerk at the time of  delivery of the pre-sale inspection report.

(B)  An inspection made pursuant to this section satisfies the annual inspection authorized by 98.07.  A sale for  purposes of this section
includes contract sales, exchanges, conversations to condominiums, and transfers of possession or  control of any multiple family building.  Any person participating in such a sale in violation of this section, either as seller,  buyer or by receipt of a sales commission, in connection therewith shall be deemed in violation of this section and be subject  to the penalties as provided for in this code.  Any contract executed in violation of this section shall be voidable by the  buyer.  Notwithstanding the foregoing, any buyer shall be responsible for complying with each and every provision of this sub-chapter.

(Ord. 94-1890, passed, 10-11-94; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98.99)

98.11  Notice of Change

Each operating license shall be displayed in a conspicuous place within the interior common areas of the multiple family building.  Every person holding an operating license shall give notice in writing to the Village Clerk and the Comptroller/Village Manager within 24 hours after having transferred or otherwise disposed of the legal control of any  licensed multiple family building.  Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such multiple family building.

(Ord. 94-1890, passed 10-11-94)  Penalty, see 98.99

98.12  Records Required

Every owner or operator of a licensed multiple family building shall keep, or cause to be kept, records of all information obtained by the owner or operator pursuant to the approved procedure for registering and accounting for all residents within such multiple family building and:

(A)  All requests for repair and complaints by tenants or members of a tenants association and

(B)  All corrections made in response to such requests and complaints.

(C)  Every owner shall cause to be kept records itemizing all repairs, alterations and decorating expense in excess of $100 per expenditure for a period of three years after such expenditure.  Upon request, such records shall be made available to the Village during normal business hours upon request of the Village Clerk.

Such records shall be made available by the owner or operator to the Comptroller/Village Manager for inspection and copying upon request. Such records shall be  admissible in any administering or judicial proceeding pursuant to the provisions of this  sub-chapter as prima facie evidence of a violation of this code.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 95-1909, passed 1-28-95; Am. Ord 99-2148, passed 1-12-99)  Penalty, see 98.99

98.13  Additional Requirements

In addition to all other requirements set forth in this code, it is unlawful to fail to comply with the following additional requirements which  shall be applicable to multiple family buildings.

(A)  No owner or other person shall occupy any dwelling or  dwelling unit unless unit is clean, safe, sanitary, fit for  human occupancy and
complies with all applicable ordinances, codes, and regulations of the Village.

(B)  Every owner shall maintain in a safe, clean and sanitary condition the interior and exterior common areas.

(C)  The owner of any multiple family building shall be responsible for the removal of any and all abandoned vehicles  located on the
 premises of said multiple family building.  Such removal shall be accomplished within seven days.  If any  abandoned vehicle poses a hazard to human safety, it shall be removed immediately.  Such removals shall be accomplished as otherwise provided by law.

(D)  The owner shall be responsible for the maintenance and annual testing of fire alarm and emergency lighting systems.  Systems shall be
 tested by an approved service company and a written report provided.  Owner shall retain all test results.

(E)  No owner shall permit the maximum occupancy of any dwelling unit to be exceeded.  The maximum occupancy of any dwelling unit shall be  based on the following:

Number of        Maximum No. of
Bedrooms         Occupants in Household

    0                              2
    1                              3
    2                              4
    3                              6
    4                              8
    5                            10
    6                            12

(F)  Every owner shall provide illumination for multiple family building, as follows:

(1)  Entrances to dwellings containing more than one dwelling unit shall be illuminated during the period from sunset to sunrise with
at least the equivalent of a 60 watt bulb.  Such  bulb shall be covered and protected by a clear polycarbonate cover or cover of equal breaking resistant material.

(2)  From dusk until dawn, a minimum of 0.4 horizontal foot candles of light shall be maintained upon the parking surface of open
 parking lots and access thereto which contain more than ten parking spaces.

(3)  From dusk until dawn, a minimum of 0.4 horizontal foot candles of light shall be maintained upon the parking surface and
 other non-enclosed areas under or within dwellings containing more than one dwelling unit at grade.

(4)  From dusk until dawn, a minimum of 0.4 horizontal foot candles of light shall be maintained on the walking surface of sidewalks
and walkways leading from parking lots to dwellings or from dwelling to dwelling.

Notwithstanding any provision contained herein to the contrary, the Building Official shall have final approval of all illumination and
 may alter the regulations contained herein, including the times in which the illumination is to be provided, so as to lessen the impact on surrounding properties.

(G)  Reserved

(H)  Every owner, or managing agent, if one is required or otherwise appointed, shall have in its possession and immediately available for
inspection or use by the Village

(1)  Keys to all common area locks at the multiple family building

(2)  Copies of all current leases and their respective applications

(J)  In the event any clubhouse or recreation building or facility at a  multiple family building is to be rented with or without consideration by
35 people or more, the owner shall be responsible for making sure a written application for such rental is completed stating the applicant's name, address, date of birth, home and work telephone numbest, reason for rental,  if alcohol will be served or sold and the date, beginning time and ending time of rental.  The owner is also responsible for  making sure that proper security is provided as approved by the Village Chief of Police or his designated representative.  If alcohol will be present at any time during such rental period, the owner shall be responsible for compliance with all applicable codes and  ordinances of the Village relating to alcoholic liquor.

(K)  Every owner shall report to the Village Clerk any change in the designation of any managing agent, within seven days of such change.

(L)  From and after the effective date of this sub-chapter, all rental agreements between landlords and tenants must be in writing dated, and
 signed by all of the parties thereto.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 99-2148, passed 1-12-99)  Penalty see 98.99

98.14  Inspections and Right of Entry

The Comptroller/Village Manager shall conduct an inspection program with procedures designated to accomplish an annual  inspection of every multiple family building to determine the condition of multiple family buildings, dwelling units, rooming  units located within the Village for the purpose of safeguarding the health and safety of all occupants and of the general  public.  The Comptroller/Village Manager may make such additional inspections whenever he shall deem such an inspection necessary, provided, however, that such inspections must be made at reasonable times.

If any owner, occupant, or other person of a multiple family building, dwelling unit, or rooming unit or of a multiple family building or a rooming house subject to licensing under this sub-chapter fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by  this sub-chapter is sought to be made, the Comptroller/Village Manager may petition for such order from a court of competent jurisdiction.

(Ord. 94-1890, passed 10-11-94; Am. Ord 95-1909, passed 1-28-95; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98.99

98.15   Violations; Suspensions and Revocation of Operating License

(A)  Whenever, upon inspection of the licensed multiple family building, it is determined that conditions or practices  exist which are in
 violation of the provisions of this sub-chapter or any applicable ordinance, code or regulation of the  Village, the Comptroller/Village Manager shall serve the owner with a notice of violation.  Such notice shall identify the  specific violations and state that unless they are corrected within the time specified in the notice, the owner shall be cited and  its operating license may be suspended.  Notice pursuant to this section may be sent by United States certified mail or hand  delivered to the party  designated in the application to receive notices and process.

(B)  At the end of the time allowed for the correcting of any violation cited, the multiple family building shall be re-inspected by the Village. 
If it is determined that the conditions have not been corrected, the Village may issue a notice of intent to suspend the operating license.  Violations caused by tenants should not be considered grounds for suspension of an operating license as long as the licensee cooperates in gaining compliance with applicable Village ordinances.

(C)  Notice of intent to suspend shall e served upon the licensee together with the date, time and place of a hearing to  determine whether a
license shall be suspended.  Such notice shall include a description or summary of the violations and  shall be served upon the licensee in person or by certified mail not less than 72 hours prior to the hearing.  The hearing shall be conducted by the Village Comptroller/Manager. Although the rules of evidence shall not apply at the hearing, the licensee shall have the right to be heard concerning the violations and present reasons why the license should not be suspended. 

(1)  Following such hearing, the Village Comptroller/Manager shall enter an order or decision regarding the suspension of the operating
license

(2)  Any person whose operating license to operate a multiple family building has been suspended shall be given the opportunity to be
 heard by the Village President in connection with the violations. Said person must submit his or her request  to be heard in writing and the written request must explain in detail, the violations cited, why they have not been corrected, and a compliance time frame for completion.

(a)  However, if no written request for hearing reaches the Village President within 21 days following the issuance of the order of
suspension, the operating license shall be revoked.

(b)  In the event of a  written request of hearing before the Village President, the rules of evidence shall not apply at the hearing
regarding  the suspension of the operating license.  As a result of such hearing, the Village President may grant  additional time for compliance with the applicable order or may revoke the operating license.  Prior to revocation any person  whose operating license has been suspended may request a re-inspection upon a showing that the violation or violations cited  in the notice have been corrected.

(D)  If, upon re-inspection, it is determined by the Village that the violations cited in the notice have been corrected, the operating license
shall be reinstated by the Comptroller/Village Manager.

(D)  If the licensee is convicted by a court of a violation of any provision of this sub-chapter or any applicable ordinance, code, or regulation
 in connection with the licensed multiple family building, then the operating license shall be subject to revocation.

(F)  In the event a condition of clear and present danger to health or safety is found to exist, the Comptroller/Village Manager may immediately
revoke the operating license.

(G)  Each day a multiple family building continues to operate after an operating license has been revoked shall constitute a separate violation of this sub-chapter.

(H)  The first re-inspection provided for in division (B) above shall be without charge to the owner.  Thereafter, each additional re-inspection shall be at a cost of $35 per hour per inspector, based on the number of inspector hours required to make said inspections and prepare the required report.  The minimum charge for any re-inspection shall be $35.

(Ord. 94-1890, passed 10-1194; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 96-1990, passed 3-26-96; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98-99.

98.16   Repairs and Other Corrective Action

(A)  Whenever an owner, operator, or agent of a multiple family building, dwelling unit, or rooming unit fails, neglects,  or refuses to make
 repairs or other corrective action called for by  a second order or notice of violation issued pursuant to 98.15, the Comptroller/Village Manager may undertake such repairs or action, when in his judgment a failure to make them  will endanger the public health, safety, or welfare, and the cost of such repairs and action will not exceed 50% of the fair  market value of the structure to be repaired.

(B)  Every owner, operator, or agent of a multiple family building dwelling unit, or rooming unit who has received  notice of the intention
 of the Comptroller/Village Manager to make repairs or take other corrective action shall give entry and free access to the Comptroller/Village Manager for the purpose of making such repairs upon reasonable notice.  Any owner,  operator, or agent of a multiple-family building, dwelling unit, or rooming unit, who refuses, impedes, interferes with,  hinders or obstructs entry by such agent pursuant to a notice of intention to make repairs or take other corrective action shall  be subject to a civil penalty of not more than $1,000 for each such failure to comply with this section.

(C)  When repairs are made or other corrective action taken at the direction of the Comptroller/Village Manager, cost of  such repairs and
 corrective action shall constitute a debt in favor of the Village against the owner of the repaired structure.  In  the event such owner fails, neglects, or refuses to pay the Village the amount of this debt, it shall be recoverable in a civil  action against the owner or his successor, brought in a court of competent jurisdiction by the Village which shall possess all  rights of a private creditor.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)  Penalty see 98.99

98.17   Demolition of Multiple Family Buildings, Dwelling Units or Rooming Units Designated as Unfit for Human Habitation

(A)  The Comptroller/Village Manager shall order a multiple family building, dwelling unit, or rooming unit to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not  been put into proper repair as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the Comptroller/Village Manager not to warrant repair under 98.21.

(B)  The owner of any multiple family building, dwelling unit or rooming unit which has been ordered demolished, shall be given reasonable time, not to exceed 90 days, to demolish such structure.

(C)  When the owner fails, neglects or refuses to demolish an unfit, unsafe, or unsanitary dwelling, dwelling unit or  rooming unit within the requisite time, the Comptroller/Village Manager may apply to a court of competent jurisdiction for a  demolition order to undertake the demolition.  The court may grant such order when no reconsideration or hearing on the  matter is pending.  The cost of such demolition shall create a debt in favor of the Village against such owner, and shall be  recoverable in a civil action brought by the Village which shall possess all the rights of a private creditor.

(D)  Whenever a multiple family building is demolished, whether carried out by the owner or by the Comptroller/Village Manager, such demolition shall include the removal of concrete slabs, the filling in of excavation  remaining on the property on which the demolished dwelling was located, and grading and grass seeding, in such manner as to eliminate all potential danger to the public health, safety, or welfare arising from such excavation.

(E)  All demolition shall be preceded by an inspection of the premises by the Comptroller/Village Manger to determine whether or not extermination procedures are necessary.  If the premises are found to be infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during and after demolition.

(Ord. 94-1890, passed 10-11-94).

98.18   Minimum Standards for Basic Equipment and Facilities

No person shall occupy as owner-occupant or let to another for occupancy  any multiple family building or dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the requirements set forth in this section.

(A)  Every dwelling unit shall have a room or portion of a room in which food may be prepared and/or cooked, which shall have adequate
circulation area, and which shall be equipped with the following:

(1)  A kitchen sink in good working condition and properly connected to a water supply system which is approved by the
 Comptroller/Village Manager and which provides at all times an adequate amount of heated and unheated running water under pressure, and which is connected to a sewer system approved by the Comptroller/Village Manager.

(2)  Cabinets and/or shelves for the storage of eating, drinking and cooking equipment and utensils and of food that does not under
 ordinary summer conditions require refrigeration for safe keeping; and a counter or table for food preparation; said cabinets and/or shelves and counter or table shall be adequate for the permissible occupancy of the dwelling unit and  shall be of sound construction furnished with surfaces that are easily cleanable and that will not impart any toxic or deleterious effect to food.

(3)   A stove or similar device, for cooking food, and a refrigerator, or a similar device, for the safe storage of food at temperatures less
 than 40 F but more than 32 F, under ordinary maximum summer conditions, which are properly installed  with all necessary connections for safe, sanitary, and efficient operation, provided that such stove, refrigerator and/or similar  devices need not be installed when a dwelling unit is not occupied and when the occupant is expected to provide same on  occupancy and that sufficient space and adequate connections for the safe and efficient installation and operation of said  stove, refrigerator, and/or similar devices are provided.

(B)  Every dwelling unit shall have a room with a single flush water closet, a single lavatory basin, and a single bathtub or shower.  Such water
closet, lavatory basin, and bathtub or shower shall be in good working condition and properly connected to a water sewer system, which connection shall conform to all water and sewer provisions of this code.

(C)  Every dwelling unit shall be supplied with rubbish and garbage disposal facilities which must conform with the garbage and refuse sections
 of this code.

(D)  Access to or egress from each dwelling unit shall be provided without passing through any other multiple family building or dwelling unit.

(E)  No person shall let to another for occupancy any multiple family building or  dwelling unit unless each is equipped  with smoke detectors
that comply with the regulations of this municipal code, and the statutes of the state and all exterior  doors of the dwelling or dwelling unit are equipped with safe,m functioning locking devices.

(F)  Storage areas provided for occupants of multiple family buildings shall be constructed so as to afford security against unauthorized entry.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)   Penalty, see 98.99

98.19   Minimum Standards for Light, Ventilation and Insect Control

No person shall occupy as owner-occupant or let to another for occupancy any multiple family building or dwelling unit, for the purpose of living therein, which does not comply with the minimum requirements for light and ventilation as set forth in the building provisions of this code.

(A)  Every public hall, stairway, and passageway in every multiple family building containing four or more dwelling units shall be adequately lighted at all times.  Every public hall, stairway, and passageway in structures devoted solely to a multiple family building containing less than four dwelling units shall be supplied with an adequate lighting system and conveniently located light switches, in order to turn  on such system as light is needed.

(B)  During that portion of each year when the Comptroller/Village Manager deems is necessary for protection against mosquitoes, flies and other insects, eery door opening directly from a dwelling unit to outdoor space shall have screens with spring or other self-closing devices; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens.

(Ord. 94-1890, passed 10-1194)  Penalty, see 98.99

98.20   Minimum Standards for Heat

No person shall occupy as owner-occupant or let to another for occupancy any multiple family building or dwelling unit, for the purpose of living therein, which does not comply with the minimum requirements set forth in this section.

(A)  Every dwelling unit shall have heating facilities which conform to the requirements of the building regulations contained in this code.

(B)  Every dwelling unit or rooming unit to which heat is furnished from a heating plant used in common for the purpose of heating the
building shall be supplied with heat without such undue restriction or ventilation as to interfere with proper  sanitary conditions, to provide a minimum temperature of 68 F from 6:30 a.m. to 10:30 p.m. and a minimum temperature of 63 F at all other times during the period from September 15th to May 1.  Such temperatures shall be averaged throughout the  dwelling unit or rooming unit.

(C)  Failure to furnish the heat required by this section shall not constitute an offense where it is due to a breakdown of the heating plant, if
diligence is used to have such plant repaired (unless such breakdown  has been caused by the violation of this sub-chapter), nor where it is due to strikes, to a general shortage of fuel, to any act of the tenant who makes a complaint, or to any cause beyond the owner's control.

(D)  To determine if a violation of this section has occurred, the Comptroller/Village Manager shall cause temperature readings to be made by
means of a standard Fahrenheit thermometer is not less than two rooms, or if the unit consists of only  one room then in two opposite parts of the room at or near the extremes as practicable, such thermometer to be place at a point not less than four feet nor more than six feet away from any door or window.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 11-2815, passed 1-25-11)  Penalty, see 98.99

98.22   General Requirements Relative to Safe and Sanitary Maintenance

No person shall occupy as owner-occupant or let to another for occupancy any multiple family building or doweling unit for human habitation which does not comply with the following requirements:

(A)  Every foundation, floor, wall, ceiling, and roof shall be weather-tight, watertight, and rodent-proof; shall be capable of affording privacy;
 and shall be kept in good repair.

(B)  Every window, exterior door, and basement hatchway shall be weather-tight, watertight and rodent-proof; shall be kept in good repair;
 and shall be kept clean enough to allow reasonable passage of sunlight except when shades are drawn.  Every operable window, basement hatchway, exterior door, and dwelling unit entrance door shall be equipped with a locking    Every operable window, basement hatchway, exterior  door, and dwelling unit entrance door shall be equipped with a locking  device reasonably  capable of preventing unauthorized entry into a building or dwelling unit, which locking device shall be  maintained in good condition and repair, except that exterior doors, which lead into a porch, alcove, foyer, hallway or similar  space from which entry to the remainder of the building is through a door equipped with an operable and reasonably effective  locking devices, need not be equipped with a locking device.  All doors providing a means of egress from a dwelling unit and  from a building shall be operable from the interior without the use of a key, special tools, or special knowledge.

(C)  Every plumbing fixture and water and waste pipe shall be maintained  in a good sanitary working condition, free from defects, leaks and
obstructions.

(D)  Every water closet compartment, floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably
impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition.

(E)  Every  supplied facility, piece  of equipment or utility which is required under this sub-chapter, including but not limited to required
smoke detectors, shall be maintained  in satisfactory working condition so that it will function safely and effectively.

(F)  No owner, operator or occupant shall cause any service facilities, equipment or utility which is required under this sub-chapter to be
 removed from or shut off from or discontinued from any occupied dwelling let or occupied by him, except  such temporary interruption as may be necessary while actual repairs or alterations are in process, or during temporary  emergencies when discontinuance of service is approved by the Comptroller/Village Manager.

(G)  All exterior wood surfaces on all dwellings shall be reasonably protected from the elements and against decay by a suitable protective
 material and must conform with the requirements set forth in the building provisions of this code governing exterior weather board veneers.

(H)  The interior of every dwelling and multiple family dwelling used for human habitation shall be maintained in a clean and sanitary
 condition free from any accumulation of rubbish or garbage.

(J)  All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage.

(K)  Every inside and outside stairway and porch and every appurtenance thereto of every building shall be maintained in a good state of
repair as to be safe to use and capable of supporting the load that normal use may cause to be placed upon it and shall meet the standards set forth in the building provisions of this code relating to construction and maintenance.

(L)  All garages and tool sheds and all other out buildings shall be kept in good repair so as not to be unsafe or become a harborage for rats
and other rodents.  Nor shall any wood or lumber or any other material or object be stored, kept, or permitted to remain except temporarily on the premises, in such a manner that will be unsafe or afford harborage for rats.

(M)  Every plumbing fixture and pipe, every chimney, flue and smoke pipe and every other facility, piece of equipment  or utility which is
present in  a multiple family building or dwelling unit, or which is required under this chapter, shall be constructed and installed in conformance with the appropriate statutes, ordinances and regulations of the Village and the state.

(N)  Every dwelling shall have approved dual means of egress with minimum headroom of six feet six inches to safe and open space at ground level.  Every dwelling unit in a multiple family building shall have immediate access to two or more approved means of egress, leading to safe and open space at ground level, or as required by the laws of this state and the Village.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)  Penalty see 98.99

98.23   Minimum Space, Use and Location Requirements

No person shall occupy or let to another for human occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements:

(A)  Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least  100 additional square
 feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of  total habitable room area.  Floor space where the ceiling height is less than six feet eight inches may not be included in  calculating total habitable room area.

(B)  In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one  occupant shall contain at least
100 square feet of floor space and every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet of floor space for each occupant thereof.

(C)  No multiple family building or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access
 to a bathroom or water closet compartment intended for use by occupants of more than one sleeping  room can be had only by going through another sleeping room, nor shall room arrangements be such  that access to a sleeping  room can be had only by going through another sleeping room or a bathroom or water closet compartment.

(D)  No cellar space shall be used as a habitable room or dwelling unit.

(E)  No basement space shall be used as a habitable room or dwelling unit unless:

(1)  The floor and walls are impervious to leakage of underground and surface run-off water and are insulated against dampness;

(2)  The total of window area in each room is equal to at least the minimum window area sizes as set forth in the building provisions
of this code:

(3)  Such required minimum window area is located entirely above the grade of the ground adjoining such window area;

(4)   The total of openable window area in each room is equal to at least the minimum as set forth in the building provisions of this code,
except where there is supplied some other device affording adequate ventilation which has the approval of the Comptroller/Village Manager.

(F)  In every existing dwelling the finished floor and  finished ceiling height of every rented or habitable room must be at  least six feet and
eight inches.  No ducts, pipes, or electrical ceiling fixtures shall obstruct the passage in or out of any room or the normal passage about any room.  All newly constructed habitable rooms must have a floor to ceiling height  as required by the building provisions of this code.

(G)  The maximum occupancy of any dwelling unit shall not exceed a total number of persons equal to two times the number of its
 habitable rooms.

(H)  Except for dwelling used as convents, monasteries, rectories, and parish houses or for which a rooming house operating license has been
issued by the Village Clerk, no dwelling units shall be occupied by more than one family, as defined in 98.02, plus domestic servants and gratuitous guests of the family.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98.99

98.24   Responsibilities of Owners and Occupants

(A)  Every owner, agent, or person in possession, charge or control of a dwelling containing two or more dwelling units shall be responsible for
maintaining the shared or public area of the multiple family building and premises therof in a clean  and sanitary condition.  Every occupant of a multiple  family building or dwelling unit shall keep that part of the multiple family building, dwelling unit, and premises there of which he occupies and controls in a clean and sanitary condition.

(B)  Every occupant of a multiple family building shall dispose of all his rubbish, garbage and any other waste which  might provide food for
rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage  storage containers required by the garbage and refuse provisions of this code.  It shall b the responsibility of the owner to  supply such facilities or containers for all dwelling units in a dwelling containing more than two dwelling units and for all  dwelling units located on premises where more than two dwelling units share the same premises.  In all other cases, it shall be the responsibility of the occupant to furnish such facilities or containers.

(C)  Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary  condition and shall be responsible for
 the exercise of reasonable care in the proper use and operation thereof.

(D)  No person shall operate a multiple family building or rooming house unless he holds a current, unrevoked operating license issued by
 the Village of Schiller Park in accordance with 98.03 of this code for the specific named multiple family building or rooming house.

(E)  The owner of a dwelling unit shall be responsible for providing and hanging all screens and double or storm doors  and windows
whenever the same are required under the provisions of this sub-chapter or any rule or regulation adopted  pursuant thereto, except where here is a written agreement between the owner and occupant.  In the absence of such an  agreement, maintenance or replacement of screens, storm  doors, and windows, once installed in any given season, shall  thereafter become the responsibility of the occupant for the remainder of such season.

(F)  Tenants and landlords are responsible for complying with procedures and remedies prescribed in Chapter 735 of the Illinois Compiled
Statutes with the additional provision that no tenant shall be forcibly evicted prior to  a hearing and judgment in an appropriate court.

(G)   The owner of a dwelling unit shall provide an adequate level of maintenance, to include repainting exterior surfaces when needed, maintaining windows and doors in good order, maintaining porches, steps, walks and fences, maintaining proper drainage of surface water, and adequate repair of drainage tiles.

(H)  No person owning or in possession or control of any building or premises, shall use the same, permit the use of the  same or rent the same to be used for any business or employment or residential use, or for any purpose of pleasure or  recreation, if such use shall, by its boisterous nature disturb or destroy the peace of the neighborhood in which such building  or premises is situated, or be dangerous or detrimental to health.

(1)  In residential zoning districts, any property use shall conform with the performance standards stated below for residence district boundaries, provided that the performance standards shall in every case be applied at the boundaries of the lot on which such use is established:

Maximum Sound
Octave Band            Pressure Levels
Center Frequency    (dB) Along District
(H7)                           Boundaries Residence

  31.5                                 72
  63                                    71
 125                                    65
250                                    57   
500                                    51
1000                                  45
2000                                  39
4000                                  34
8000                                  32
A-scale levels                    55 dB (A)
(for monitoring purposes)

(2)  Test procedures to determine whether maximum noise levels emitted by property uses along property lines meet the above noise
 limits shall be in substantial conformity with ANSI Standard 1979-1965, IEC Standard 225-1966; SAE Recommended Practice J184.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)  Penalty see 98.99

98.25   Rooming Houses

(A)  No person shall operate a rooming house, or shall occupy or let to another for occupancy, any rooming unit in any rooming house or
 dwelling unit, unless in compliance with the provisions of this code.

(B)  At least one flush water closet, lavatory basin, and bathtub or shower, properly connected in a water and sewer  system approved by the
Comptroller/Village Manager and in good working condition shall be supplied for each six persons  or fraction thereof, residing within a rooming house,  including members of the operator's family whenever they share the use  of such facilities, provided that in a rooming house where rooms are let only to males, flush urinals may be substituted for not  more than one-half the required number of water closets.  All such facilities shall be so located within the dwelling as to be  reasonably accessible from the common hall or passageway to all persons sharing such facilities.  Every lavatory basin and  bathtub or shower shall be supplied with hot water at all times.  No such facilities shall be located in a basement or cellar  except with the written approval of the Comptroller/Village Manager.

(C)  The operator of every rooming house shall supply bed linens and towels which shall be changed at least once each week, and prior to
 the letting of any room to any new occupant.  The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary  manner.

(D)  Every room occupied for sleeping purposes shall  conform to the requirements of the building  provisions of this code.

(E)  Every rooming unit shall have safe, unobstructed means of egress leading to safe and open  space at ground level.

(F)  The operator of every rooming house shall be responsible for the sanitary maintenance of all walls, floors and ceilings and for the
 maintenance of a sanitary condition in eery part of the rooming house.   He shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is leased or occupied by him.

(G)  Every provision of this sub-chapter which applies to rooming houses shall also apply to hotels, except to the extent that any such
 provision may be found in conflict with the laws of the state.

(H)  Cooking in dormitory rooms and rooming units is prohibited.

(J)  Communal cooking and dining facilities in a rooming house are prohibited, except as approved by the Comptroller/Village Manager
in writing.

(K)  Access doors to rooming units shall have operating locks to insure privacy.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98.99

98.26   Access to Rooming Units

Access to or egress from each rooming unit shall be provided without passing through any other rooming unit or dwelling unit.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-21-48, passed 1-12-99)  Penalty, see 98.99

98.27   Dwellings Unfit for Human Habitation

The designation of multiple family buildings or dwelling units as unfit for human habitation and the procedure for the determination and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

(A)  Any dwelling or dwelling unit which fails to meet the requirements of 98.18, 98.19, 98.22 of this code shall be declared as unfit for human habitation and shall be so designated and placarded by the Comptroller/Village Manager

(B)  Any multiple family building or dwelling unit determined as unfit for human habitation, and so designated and placarded by the Comptroller/Village Manager shall be vacated within a responsible time as ordered by the  Comptroller / Village Manager.

(C)  No multiple family building or dwelling unit which has been determined and placarded as unfit for human  habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by,  the Comptroller/Village Manager, who shall remove such placard only when the defects upon which the determination and  placarding action were based have been eliminated, and after the multiple family building or dwelling unit has been inspected  and been found to comply in all respects with the requirements of this sub-chapter.

(D)  No person shall deface or remove the placard from any multiple family building and dwelling unit which has been determined as unfit for human  habitation and placarded as such, except as provided in sub-section (C) of this section.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 95-1909, passed 1-28-95; Am. Ord. 99-2148, passed 1-12-99)  Penalty, see 98.99

98.28  Conflict of Ordinances

If any case where a provision of this chapter is found to be in conflict with the provision of any zoning, building, fire,  safety, or health ordinance or code of the Village existing on the effective date of this chapter, the provision which establishes  the higher standard for the promotion and protection of the health and safety of the people shall prevail.  In any case, where a  provision of  this chapter is found to be in conflict with a provision of any other ordinance or code of the Village existing on  the effective date of this chapter which establishes a lower standard for the promotion and protection of the health and safety  of the people, the provisions of this chapter shall be deemed to prevail and such other ordinances or codes are hereby  declared to be repeated to the extent that they may be found in conflict with this chapter.

The provision of this chapter shall not provide the exclusive remedies available to the Village.  Nothing in this chapter shall preclude the Village from seeking  any other remedies available by law.

(Ord. 94-1890, passed 10-11-94; Am. Ord. 99-2148, passed 1-12-99)

98.29  Owner Liability for acts and Omissions

Every act or omission of whatsoever nature constituting a violation of any provision of this sub-chapter by any officer,  director, manager, trustee, employer, agent or managing agent of any owner shall be deemed to be the act of such owner, and  such owner shall be punishable in the same manner as if such act or omission had been done or omitted by owner personally,

(Ord. 94-1890, passed 10-11-94)

98-30   Non-Renewal of Operating License

An operating license issued pursuant to this sub-chapter shall not be renewed unless the applicant is otherwise in conformance with the provisions of this sub-chapter, including the correction of existing code violations in accordance with  the provisions of this sub-chapter and all other provisions of the Village code.

(Ord. 94-1890, passed 10-11-94)

98-31   Enforcement Costs

If any court of competent jurisdiction finds that any licensee has violated any provision(s) of this sub-chapter, such court  shall award to the Village all of the Village's costs related to the enforcement of this sub-chapter, including but not limited to  court costs, attorneys' fees, building inspector costs, and administrative costs.

In the event any court fails or refuses to award the Village all of its costs as provided for herein above, such unpaid costs  shall constitute an additional license fee which shall be due and payable prior to the renewal of any operating license for the  multiple family building in question. Such additional operating license fee shall be in addition to the license fee otherwise  required by the provisions of 98.06 of this sub-chapter.  No operating license shall be renewed until such time as all costs  provided for by this section have been paid.

(Ord. 94-1890, passed 10-11-94)

98.99   Penalty

Any person who violates the provisions of this chapter shall be guilty of a petty offense and shall be punished by a fine of  not less than $100 nor more than $750 for each offense.  Each day such violation is committed or permitted to continue shall  constitute a separate offense and shall be punishable as such hereunder.

('73 Code 16-97)  (Ord. 94-1890, passed 10-11-94; Am Ord 99-2148, passed 1-12-99)