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Local town ordinances relating to apartment buildings and restaurants


Wheeling Apartment Rental License

Sections:
4.84.010  Purpose
4.84.020  Provisions of inspection rights and penalties
4.84.030  Definitions
4.84.040  License required
4.84.050  License application and requirements
4.84.060  Inspection requirements; Temporary certificate;  License issuance or denial
4.84.070  Enforcement
4.84.080  Violations
4.84.090  License;  Suspension and revocation
4.84.100  Owner responsibility
4.84.110  Leases and rental agreements
4.84.120  Inspection access
4.84.130  Penalty for violation
4.84.140  Effective date

4.84.010  Purpose

The purpose of this Chapter is to provide for the licensing and inspection of rental residential property so as to protect the public health, safety and welfare of the people of the village including:

(a)  To protect the pubic health and safety by ensuring rental units comply with minimum housing standards of village ordinances

(b)  To protect the character and stability of residential areas

(c)  To correct and prevent housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare
 and health, including the physical, mental and social well being of persons occupying dwellings.

(d)  To prevent the overcrowding of dwellings by requiring compliance with minimum space standards per occupant for each
dwelling unit

(e)  To facilitate the enforcement of minimum standards for the maintenance of existing residential buildings and thus to prevent
 slums and blight

(f)  To preserve the value of land and buildings throughout the village.

(Ord. 3530 A (part), 2001; Ord, 3324 A (part), 1998, (Ord. No. 4351, A, 8-25-2008)


4.84.020  Provisions of inspection rights and penalties

This Chapter shall not be construed as to restrict the right of this village to inspect any property nor to seek penalties for violations of other provisions of this Code
(Ord. 3530 A (part), 2001; Ord. 3324 A ([part), 1998); (Ord. No. 4351, A, 8-25-2008)


4.84.030  Definitions

(a)  "Code official" means the director of community development or his designee

(b)  "Conditional license" means a limited approval of the premises for a period of up to six months when a property cannot fully
comply with all the applicable requirements of the village of Wheeling due to special circumstances (e.g. weather conditions, unavailability of required materials or services, or other circumstances approved by the code official).

(c)  "Multiple-family rental residential property" means rental residential property with two or more dwelling units.

(d)  "Owner's family" means the owner's parents, siblings or children whether natural or by adoption.

(e)  "Premises" means a lot, plot or parcel of land including the interior and exterior of any structures thereon.

(f)  "Property agent" means a person, operator, firm, partnership, corporation or other legal entity designated in writing by
 the property owner to the code official to manage a rental residential property including the authority  to receive notices or citations.

(g)  "Rental residential property"  means residential structures or dwelling units let or intended to be let for rent or lease including
single-family detached structures.

(h)  "Routine maintenance" means the scope of daily, weekly, monthly or annual maintenance required to keep a dwelling unit and/or
building in a sanitary condition, free from damage or defects.  Any remodeling, alteration or repair work involving structural, mechanical, electrical, plumbing, fire protection equipment requiring permits from the building division shall be considered to exceed the scope of routine maintenance

(i)  "Tenant" means an occupant of rental residential property

(j)  Words or phrases as used in this  Chapter and not herein defined shall be defined as provided by the village of Wheeling's
current property maintenance code, and current building code

(Ord. 3530 A (part), 2001; Ord. 3324 A (part), 1998)  (Ord. No. 4351, A, 8-25-2008)

4.84.040  License required

(a)  It is unlawful for any person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within the
 village of Wheeling a rental residential property whether vacant or not without first obtaining a license or a temporary certificate as provided in this Chapter.

(b)  It is unlawful for a person to occupy a rental residential property, or for any owner or property agent to allow anyone to occupy
 a rental residential property which is not licensed or which is without a temporary certificate as provided in this Chapter.

(c)  It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to  occupy any vacant dwelling
 unit or any dwelling unit that becomes vacant in a rental residential property for which a license is under suspension.

(d)  This Chapter shall not apply to the following structures:

(1)  Owner-occupied residential dwelling units

(2)  Residential dwelling units occupied by a member of the owner's family

(3)  Residential buildings or dwelling units which are vacant and which are not intended to be let for rent.

(4)  Hotels, motels and other structures which rent rooms to occupants which are primarily transient in nature.

(5)  Dwellings, buildings, structures and uses licensed and inspected by the state or the federal government, including but
 not limited to, nursing homes, retirement centers, rest homes, etc.

(6)  Dwellings, buildings, structures and uses owned by other governmental agencies and public housing authorities

(e)  A license or a temporary certificate for a rental residential property cannot be transferred to another rental residential property
 nor a succeeding owner.

(f)  The issuance of a residential rental property license pursuant to this Chapter shall not relieve the applicant's obligation from
comp;lying with all applicable rules, regulations and by-laws imposed by the condominium and/or homeowners' association, including any rental restrictions and/or limitations, to which the rental residential property is subject.

(Ord. 3530 A (part), 2001; Ord. 3324 A (part), 1998)  (Ord. No. 4351 A ,8-25-2008; Ord. No. 4407, 1, 3-23-2009)

4.84.050  License application and requirements

(a)  Each applicant for a license to maintain a residential property for the purpose of renting it to others shall file a written application with the code official stating:

(1)  The full legal name, address, and home and work telephone numbers of each and every owner.

(2)  If the residential property is held in a trust, state the name, address, work phone number of the trustee and each beneficial
 interest holder.

(3)  The address of the rental residential property

(4)  The number of dwelling units within the rental property

(5)  The name, address, and phone number of any management comp[any retained as property agent for the property and
the name, address, and phone number of a person specifically assigned to the rental residential property.

(6)  The name, address, and twenty-four hour phone number or numbers of a responsible person who, in emergency situations,
will be available on a twenty-four hour basis and who has the authority to make repairs as needed.

(7)  The square footage designated for living and sleeping purposes including room sizes as stipulated by the village's
property maintenance code as amended.

(b)  Whenever there is a change int he ownership of a rental residential property or the owner's property agent, the owners shall
within thirty days of such changes, file an updated written notice with the code official indicating such changes.

(c)  Each application for a new license or a renewal of an existing license shall be accompanied by a fee of fifty dollars for each
 rental residential building.  In addition thereto, a dwelling unit fee of ten dollars will be added for each dwelling unit to be inspected in excess of one.  All such fees shall be payable at the offices of the community development department.

(d)  All license fees shall be due payable upon submission of the license application or renewal forms. All licenses shall expire at the
 end of the one, two or three year anniversary date of issuance of the original license, or subsequent renewal of an existing license granted in accordance with the time frames established in Section 4.84.060(g)

(e)  No structural, mechanical, electrical or plumbing alterations or repairs, or any remodeling shall be made to the units in a
licensed property unless all zoning and building code requirements have been met.

(f)  A copy of the record of tenant names required under Section 4.84.100(a) shall be kept on file by  the property owner and/or
property agent and made available upon request to the code official or his designee

(g)  For each application for a new license or a renewal of an existing license for a rental residential property that is a  unit or
dwelling place within a multi-unit condominium, town home development or other similar collective  ownership arrangement,the applicant must verify on the application or license renewal form that the rental or lease  of the unit or dwelling does not violate or is otherwise in conformance with any rental or lease restriction and/or  limitation established by the condominium and/or homeowners' association or any other applicable covenant, restriction, rule or regulation to which the unit or dwelling is subject.

(Ord. 3530 A (part), 2001; Ord. 3324 A (part), 1998) (Ord No. 4351, A 8-25-2008p; Ord. No. 4407 2,3-23-2009)

4.84.060  Inspection requirements; Temporary certificate; License issuance or denial

(a)  Upon submission of a completed application for a license or license renewal for any rental residential property and the payment
of all required fees, an inspection of the rental residential property shall be scheduled by the applicant with the code official within two weeks.

(b)  Upon receipt of a completed application for a license or license renewal for any rental residential property including the payment
 of all required fees and the scheduling of a required licensing  inspection, the code official shall issue a temporary certificate indicating that  a license has been duly applied for, and that such license shall be issued or denied after the property has been inspected for compliance with applicable village codes.  A temporary certificate, as issued, shall authorize continued occupancy of the rental residential property pending the issuance or denial of the applied for license.  The temporary certificate shall be valid until the scheduled date of the licensing inspection, and  following the licensing inspection until the date of reinspection  issued by the code official.

(c)  A  licensing inspection of rental residential property shall include the premises and, in the case of multi-family rental residential
 property, a percentage of the individual dwelling units with a minimum of at least one dwelling unit.  The code official or his designee shall determine which dwelling units are to be inspected.

(d)  When a  licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame
will be set by the  code official.  In establishing a compliance time frame, the code official shall determine the reasonable minimal time necessary to correct the violation based upon the number and severity of the violations.  The code official shall provide notice by personal service or send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application.  Said notice shall include the following:

(1)  Description of the property sufficient for identification;

(2)  A statement listing the violations of applicable codes;

(3)  A statement of the date upon which the licensing reinspection will occur; and

(4)  An explanation that if upon completion of the licensing reinspection the requirements of applicable village codes have
not been met, then a written denial of the license and a revocation of the temporary certificate may be issued.

(e)  A licensing reinspection shall be conducted at the end of the compliance time frame.  Upon completion of the licensing reinspection
 of the rental residential property, the code official shall:

(1)  Approve the license if the rental residential property meets the requirements of applicable village codes; or

(2)  Approve a conditional license if the property cannot be fully licensed due to special circumstances; or

(3)  Issue a written denial of the license and revoke the temporary certificate if the requirements of village codes have not
 been met.  The written denial shall specify the defect(s) that remain and shall be transmitted by regular U.S. mail to the applicant.

(f)  A conditional license may be issued for a term not exceeding six months to those rental properties which cannot be fully licensed due
 to special circumstances, (e.g. weather conditions, unavailability of required materials or services, or other circumstances approved by the code official).  Any property which has not met the requirements of the applicable village codes by the end of the conditional licensing term shall  be considered unlicensed.

(g)  The term of any original license or subsequent renewal of that license for a rental residential property shall be granted for a three-,
 two- or one-year period under the following circumstances:

(1)  A rental residential property which is in total compliance at the time of the licensing inspection shall receive a three-year
 license at no additional charge and with no additional inspections being required.

(2)  A rental residential property which has only routine maintenance deficiencies noted on the licensing inspection report and
 which is brought into full compliance by the reinspection date (thirty days) shall receive a two-year license at no additional charge and with no additional inspections being required.

(3)  A rental residential property for which more than routine maintenance work is required or for which multiple reinspections
 are performed shall receive a one-year license upon achieving compliance.

(h)  If during a licensing inspection any dwelling unit is determined to be unfit for occupancy as specified in the village's  property
maintenance code, an additional twenty percent of the dwelling units in the subject rental residential  property will be inspected.
 If similar violations are observed in the additional dwelling units, the entire rental  residential property will be subject to inspection.  Each additional dwelling unit inspected shall be subject to the dwelling unit fee as set forth in Section 4.84.050(c) of this Chapter.  Any unit found unfit for occupancy shall be  subject to the enforcement procedures contained in the village's property maintenance code.

(i)  The number of dwelling units to be inspected per licensed building shall be calculated using the following table:

Number of Dwelling Units on Property
Number of Dwelling Units to be Inspected
  1    to   5
1
  6    to  10
2
 11   to 20
3
 21   to 30
4
 31   to 40
5
 41   to 50
6
 51   to 60
7

Properties having in excess of sixty units shall have the number of dwelling units to be inspected calculated at ten percent of the total number of dwelling units plus two additional dwelling units.  The dwelling units to be inspected shall be selected by the code official.

(j)  All additional inspections made necessary because of cited violations not being corrected at the time of the initial license reinspection
shall be subject to a fee of fifty dollars ($50.00) per inspection/per inspector, except that a single additional reinspection will be conducted at the end of the conditional license term without added fees for the purpose of determining compliance.  The conditional license and the full rental residential license shall not be issued and the property shall not be considered properly licensed until all reinspection fees are paid.

(k)  Applications for license renewals  shall be made in the same manner as for new applications except that such applications shall
 state thereon such fact.

(Ord. 3530 A (part), 2001;  Ord. 3324 A (part), 1998)    (Ord. No. 4351, A, 8-25-2008)


4.84.070  Enforcement

It shall be the duty of the department of community development to enforce the provisions of this Chapter as authorized by the Wheeling Municipal Code and the current property maintenance code as adopted and amended from time to time by the village of Wheeling.

(Ord. 3530 A (part), 2001; Ord. 3324 A (part), 2998);  (Ord. No. 4351, A, 8-25-2008)

4.84.080  Violations

The following shall constitute violations of this Chapter;

(a)  Failure of the owner or owners of the rental residential property to license such property with the village of Wheeling.

(b)  Failure of the occupants of the rental residential property to vacate such property within sixty days after receiving notice from
 the code official that such property is not properly licensed or that the license or temporary certificate has been revoked.

(c)  Failure of the owner or owners of the rental property to vacate all tenants from said property within sixty days after the
license or temporary certificate has been revoked.

(d)  Failure of the owner or owners of the rental property to maintain the structure and premises in compliance with applicable
 building, property maintenance and zoning  ordinances.

(e)  Any person other than one authorized by the code official who removes or defaces any notices which have been posted pursuant
 to this Chapter shall be liable for the penalties provided for by this Chapter.

(Ord. 3530 A (part), 2001; Ord. 3324 A (part), 1998)  (Ord. No. 4351, A 8-25-2008)

4-84.090  License  Suspension and revocation

 (a)  A license may be suspended when any violation of applicable village codes has been identified by the department of community
development and the property owner has been properly notified of the violation and given a reasonable period of time in which to correct the violation, but has failed to do so.  A license may also be suspended when any information provided in the license application is determined by the code  official to be false.

(b)  When an inspection of a licensed rental residential property reveals any violations of applicable codes, a compliance time frame
 will be set by the code official using the standard as set forth in Section 4.84.060(d).  The code official shall provide notice by personal service or send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application.  Said notice shall include the following:

(1)  Description of the property sufficient for identification

(2)  A statement listing the violation(s) of applicable codes;

(3)  A statement indicating the date upon which a reinspection will occur; and

(4)  An explanation that if upon completion of the reinspection the requirements of applicable village codes have not been met,
 then the license for the rental residential property will be suspended.

(c)  A reinspection will be conducted at the end of the compliance time frame.  If the code official finds that the requirements of
 applicable village codes have not been met upon the completion of such reinspection, then the license for the rental residential property shall be suspended.

(d)  When  a license is suspended, the code official shall send notice to the property owner or the listed property agent at the last
address provided on the most recent license application.  Said notice shall be sent by certified mail, return receipt requested.  The notice shall include the following:

(1)  Description of the property sufficient for identification;

(2)  A statement of the reasons for the suspension;

(3)  An explanation of the property owners' right to appeal the suspension;

(4)  If the property owner changes his address or changes property agents and fails to notify the department of community
development, such notice shall be sufficient if sent by certified mail to the owner or his property agent's last address provided on the last license application.

(e)  A property owner whose license has been suspended may request a reinspection prior to revocation.  If, upon reinspection, the
department of community development finds that the licensed property in connection wit which the notice as issued is now in compliance with this Chapter, then the code official may reinstate the license.  The request for a reinspection shall not stay the revocation of the license unless the code official grants such request pursuant to a showing of good cause  by the property owner.

(f)  Any person whose license has been suspended shall be entitled to appeal the suspension to the village board by filing a petition
 within twenty days after the date of suspension.  The code official shall transmit to the village board copies of all records and notices upon which the suspension is based.  A hearing shall be scheduled as soon as practical upon receipt of a timely petition.  The village board in considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for non-compliance, or dismiss the charges and reinstate the license.

(g)  A license maybe revoked when a petition for appeal has not been filed within twenty days following the date of issuance of an
 order of suspension, or, if the suspension is sustained after appeal.  A license may also be revoked when in the opinion of the code official emergency conditions exist in a rental residential property that require the immediate vacating of a structure as specified in the village's property maintenance code.

(h)  A license which has been properly revoked as herein provided shall not be  reinstated.  The property owner may, however,
obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license and payment of appropriate fee as set forth in this Chapter.

(i)  If a license is revoked without having the opportunity of a suspension hearing,the property owner has the right to appeal that
 revocation.  Said appeal shall conform to subsection (f) of this section.  Such an appeal shall operate as a stay of the revocation until such time as the village board renders a decision on the appeal.

(j)  Whenever a temporary certificate or a license is revoked, the code official shall send notice to the property owner or the listed
property agent at the last address provided on the most recent license application.  Said notice shall be sent by certified mail, return receipt requested.  The code official shall also notify  all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure.  The notice to the tenants shall include the following:

(1)  You are hereby notified that the temporary  certificate or license for this structure has been revoked pursuant to this
Chapter of the Wheeling Municipal Code

(2)  You must vacate this structure with sixty days of the date of this notice

(3)  If you fail to  vacate this structure, you will be in violation of Chapter 4.84 of the Wheeling Municipal Code and
subject to a minimum fine of fifty dollars and a maximum fine of five hundred dollars for each day you are in violation.

(k)  Whenever an owner or property agent of a rental property fails to license said property with the department of community
 development, the code official shall notify all tenants of the rental property by posting a notice on all entrances to the rental property indicating the following:

(1)  You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with the
 village of Wheeling in violation of Chapter 4.84 of the Wheeling Municipal Code

(2)  You must vacate this structure within sixty days of this notice

(3)  If you fail to vacate this structure, you will be subject to a minimum fine of fifty dollars ($50.00) and a maximum
 fine of five hundred dollars ($500.00) for each day you are in violation.

(Ord 3530 A (part), 2001;  Ord. 3324 A (part), 1998)


4.84.100 Owner responsibility

(a)  The owner of a rental residential property shall maintain a record for each property with the full legal names of every tenant
 in each dwelling unit

(b)  The owner or property agent of a rental residential property shall provide each tenant with the name and telephone number of a
responsible person who, in emergency situations, will be available on a twenty-four-hour basis and who has the authority to make repairs as needed.

(c)  The owner of a rental residential property shall inform each tenant in writing, prior to occupancy, of the maximum number of
persons allowable by the occupancy standards of the village property maintenance code as amended.  This number shall be determined by the code official.

(Ord. 3530 A (part), 2001;  Ord. 3324 A (part) 1998)   (Ord. No. 4351, A, 8-25-2008)


4.84.110  Leases and rental agreements

(a)  All rental agreements, leases and renewal agreement s shall be in writing, signed by the tenant

(b)  Except as provided herein, this Chapter is not intended to affect the rights and obligations of the parties to a lease or rental
agreement for a rental residential property.

(Ord. 3530 A (part), 2001;  Ord 3324 A (part), 1998),   (Ord. No. 4351, A 8-25-2008)

4.84.120  Inspection access

(a)  Prior to an inspection, the lessee/occupant must sign a  consent form authorizing the village of Wheeling to conduct an inspection
 and if required, reinspections to ensure compliance with Chapter 4.84 of the Wheeling Municipal Code

(b)  If any owner, property agent, occupant or other person in control of a rental residential property or a dwelling unit contained
 therein fails or refuses to consent to free access and entry to the property or dwelling unit under his control for any inspection pursuant to this Chapter, the code official or his designee may apply to the circuit court for a search warrant or other appropriate court order authorizing such inspections.

(Ord. 3530 A (part), 2001;  Ord. 3324 A (part), 1998)