Rental Inspections
//Olympia Fields, Illinois/CODE OF ORDINANCES Village of OLYMPIA FIELDS, ILLINOIS Codified through Ord. No. 2006-18, adopted Nov. 27, 2006. (Supplement No. 19)/Chapter 6 BUILDINGS AND BUILDING REGULATIONS*/ARTICLE V. SYSTEMATIC INSPECTION OF RENTAL HOUSING PROGRAM*
ARTICLE V. SYSTEMATIC INSPECTION OF RENTAL HOUSING PROGRAM*
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*Editor's note: Ord. No. 98-6, § 1, adopted April 13, 1998, added a new Art. V, §§ 6-201--6-211, as herein set out. Section 4 of Ord. No. 98-6 superseded and repealed in its entirety noncodified Ord. No. 98-1.
Cross references: Rental dwellings fees, §§ 9-201, 9-202; fair housing policy, § 13-101 et seq.
Sec. 6-201. Inspection of dwellings.
(a) Inspection. Any dwelling that is leased or rented shall be subject to an annual inspection by a code official for the purpose of determining whether that dwelling is in compliance with all applicable property maintenance laws, ordinances, and regulations.
(b) Rental of part of dwelling. If part of a dwelling is leased or rented by the owner or authorized agent of the owner to another person for consideration, then the entire dwelling shall be subject to the inspection requirement set forth in subsection (a). The dwelling shall not be subject to inspection if the portion of the dwelling is leased or rented to a person who is related by blood, marriage, or adoption.
(c) Exemptions. The following structures shall not be subject to inspection under this article:
(1) Any dwelling or structure containing five (5) or more independent dwelling units, which facility is subject to licensing
and inspection by the state or federal government.
(2) Any dwelling or structure exempted from inspection under subsection (1) shall be required to be in compliance with all
applicable property maintenance laws, ordinances, and regulations.
(d) Notice of inspection; consent to inspection. The code official shall provide notice of the inspection to the owner and at least one of the occupants of the dwelling. An inspection shall be conducted only if the owner and the occupant have given their consent to the inspection at a time agreed upon by the code official. Notice shall be given to the owner of record or the beneficial owner of the dwelling by either mailing notice to the address of the person or entity to whom real estate tax bills are mailed or by hand delivery to the owner. Notice shall be given to the occupant(s) by mailing the notice to the address of the dwelling to be inspected or by hand delivery of the notice to an occupant who is eighteen (18) years of age or older or by posting the notice on the front door of the dwelling. If the owner or the occupant (or both) refuse consent to the inspection, then the code official shall be authorized to obtain an administrative search warrant as provided in section 6-206.
(e) Scope of inspections. The code official, when inspecting the dwelling, shall limit the scope of the inspection to only those items that pertain to the property maintenance laws, ordinances, and regulations applicable to the dwelling being inspected.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-202. Frequency of inspections.
(a) Annual inspection. Any dwelling subject to this article shall be inspected once a year at a time to be determined by the code official and upon the consent of the owner and at least one of the occupants. Unless an inspection is required by subsections (b) or (c), a dwelling may be inspected no more than once a year.
(b) Inspection based on cause. Nothing in this article shall preclude the inspection of a rental dwelling more frequently than once a year when the code official has notice or a reasonable suspicion that the dwelling has one or more violations of any applicable property maintenance law, ordinance, or regulation.
(c) Reinspections. The code official shall be authorized to conduct reinspections of rental dwellings following an initial inspection if the code official has found code violations and has given the owner or occupant notice of the violations with a directive to correct those violations within a specific time.
Sec. 6-203. Certificate of compliance.
(a) Issuance of certificate. After the code official has determined that a rental dwelling is in compliance with all applicable property maintenance laws, ordinances, and regulations, the code official shall issue a certificate of compliance to the owner or person in charge of the rental dwelling. The certificate of compliance shall be valid for one year from the date of its issuance.
(b) Certificate required. Subject to the provisions of subsection (c), no owner or person in charge of a rental dwelling may permit the occupancy of the dwelling by any lessee or tenant without having a valid certificate of compliance for the dwelling.
(c) Interim occupancy. During the first year of the effective date of this article, any owner or person in charge of a rental dwelling may continue to permit the occupancy of the dwelling by the lessee or tenant until the code official has conducted an inspection of the dwelling.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-204. Correction of violations.
(a) Violations. The owner or person in charge of a rental dwelling shall correct violations of any applicable property maintenance laws, ordinances, or regulations within the time allowed by the code official. When the code official finds violations that threaten the life safety of the occupants of the rental dwelling or the occupants of nearby dwellings, the code official may order the evacuation of the dwelling in accordance with applicable law. The code official's decision shall be subject to appeal as provided by applicable law.
(b) Escrow for corrective action. When the code official determines that violations exist, the code official shall be authorized to require the owner or person in charge of the rental dwelling to deposit in escrow an amount of money determined by the code official to be sufficient to bring the dwelling into compliance with all applicable property maintenance laws, ordinances, and regulations. If the violations do not pose an immediate threat to life safety, the owner or person in charge of the rental dwelling will then be permitted to allow the interim occupancy of the rental dwelling during the time specified for corrective action. If the owner or person in charge of the rental dwelling fails to bring the rental dwelling into compliance within the applicable time, the code official shall be authorized to order the vacation of the dwelling and to seek the revocation or suspension of any previously issued certificate of compliance still in effect. The code official shall release the escrowed money only after the dwelling is brought into compliance with all applicable property maintenance laws, ordinances, and regulations.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-205. Suspension or revocation, or refusal to renew certificate.
(a) Procedure. If the village administrator, after a hearing before the village administrator or the village administrator's designee, determines that the owner or person in charge of a rental dwelling has failed to comply with this article and the owner or person in charge has failed to abate the violations within the time allowed by the code official, the village administrator may suspend, revoke, or refuse to renew the certificate of compliance held by that person for that dwelling. The hearing shall be held not lessthan seven calendar days after notice of the time, place, and subject of the hearing has been sent or delivered to the certificate holder at the holder's last known address or business address. The village's code official shall present evidence in support of the suspension, revocation, or nonrenewal, and the certificate holder shall be permitted to rebut such evidence and present any other evidence that is, in the discretion of the hearing officer, relevant and material. Based upon the evidence presented atthe hearing, the village administrator shall issue a written decision. The village administrator's decision shall be final and binding, subject to the appeal procedure set forth in this code. The suspension, revocation, or nonrenewal to renew of any certificate of compliance shall not release or discharge the certificate holder from the payment of any fees due under this article, nor shall the certificate holder be released from prosecution for violating this article.
(b) Public nuisance. The village administrator may suspend, revoke, or refuse to renew the certificate of compliance held by the owner or person in charge of a rental dwelling who knowingly permits the rental dwelling to be used in a manner that constitutes a public nuisance after (1) having received written notice from the village or any other governmental entity that the use of the rental dwelling constitutes a public nuisance and (2) having failed to take action to terminate the public nuisance after receipt of notice of such condition. The term "public nuisance" shall mean any conduct of the occupants or guests of the rental dwelling or condition of the rental building (including exterior portions of the property) that injures or endangers the health, safety, and welfare of the occupants or the surrounding community. The term "public nuisance" shall include that conduct or condition or property that has been defined by federal, state, or local law to constitute a public nuisance. Any hearing to suspend, revoke, or refuse torenew any certificate of compliance under this subsection shall be held in accordance with the provisions of subsection (a) of this section.
(Ord. No. 98-6, § 1, 4-13-98)
(c) Appeal procedure. Any person whose certificate of compliance has been suspended or revoked or not renewed by the village administrator after a hearing held under this section may appeal the village administrator's decision to the board of trustees or any standing or special committee designated by the board of trustees by filing a written notice of appeal with the village administrator within three (3) business days of the person's receipt of the village administrator's decision. The board of trustees or its designated hearing committee shall review the village administrator's decision and may affirm, reverse, or modify the decision or remand it to the village administrator for further action or review.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-206. Inspections required.
The inspections required by this article shall be administrative in nature. When the owner, person in charge, or occupant of a rental dwelling refuses to allow the code official to inspect the rental dwelling, nothing in this article shall be construed as prohibiting the code official from obtaining an administrative search warrant issued by a court of competent jurisdiction. The code official's decision whether to obtain an administrative search warrant shall not preclude the code official from ordering the vacation of a rental dwelling not having a valid certificate of compliance and seeking judicial relief for the unlawful occupancy of a rental dwelling without a valid certificate.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-207. Fees.
The owner or person in charge of a rental dwelling shall pay the fees for inspections and reinspections and for the issuance and renewal of a certificate of compliance as set forth in section 9-201 of this code.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-208. No warranty of habitability.
The issuance of a certificate of compliance shall not be construed as a warranty of habitability of the dwelling unit or any guarantee to the certificate holder or any occupant of the rental dwelling that the rental dwelling is free from all violations of all applicable property maintenance laws, ordinances, or regulations. Nothing in this article shall be construed as creating a duty or obligation of the village or its code official or agents and employees to any individual certificate holder or occupant of or visitor to a rental dwelling.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-209. Certificate of compliance not transferable.
A certificate of compliance shall be personal to the owner or person in charge of a rental dwelling and is not transferable to a subsequent purchaser. When a sale of a rental dwelling is subject to contract and the purchaser will use the dwelling as rental housing, the purchaser shall be required to obtain a new certificate of compliance from the village prior to allowing the occupancy of a rental dwelling by a lessee or tenant.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-210. Definitions.
As used in this article, the following terms shall have the meanings ascribed to them:
(a) Code official: Community service officer or such other person designated by the village president or the community service officer.
(b) Dwelling: Same as defined in zoning ordinance.
(c) Lease or rent: To permit possession and occupancy of a dwelling for consideration. The occupant(s) shall be defined as "lessee(s)" or "tenant(s)." The housing unit leased or rented shall be defined as a "rental dwelling."
(d) Property maintenance laws, ordinances, and regulations: Any national code or village ordinance applicable to the maintenance and condition of a dwelling, including but not limited to building, electrical, and plumbing regulations and life safety regulations such as smoke and fire detector regulations.
(Ord. No. 98-6, § 1, 4-13-98)
Sec. 6-211. Notice to village of rental dwelling.
The owner or person in charge of a rental dwelling shall provide the village administrator or his or her designee with written notice that a residential dwelling is being leased or rented. Such notice shall be given within thirty (30) days of the effective date of this article. For any residential dwelling that is intended to become a rental dwelling after the effective date of this article, the owner or person in charge of the rental dwelling shall provide the same written notice prior to allowing the occupancy of the rental dwelling by a lessee or tenant.
(Ord. No. 98-6, § 1, 4-13-98)
Secs. 2-212--2-300. Reserved.
