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An Ordinance Adopting Chapter 153 of the Village Code of Ordinances (Short Term Rentals)
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WHEREAS, after Village staff review, it has been determined that it is in the best interest of the Village to adopt an ordinance defining and regulating certain short term rentals of dwellings and codifying the same within the Village Code of Ordinances, all as more fully set forth in Exhibit A hereto; and
WHEREAS, the Village Board, after careful and due deliberation, has concluded that the adoption of the provisions set forth in Exhibit A shall be codified as and for Chapter 153 of the Village Code of Ordinances.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: The Village of Romeoville Code of Ordinances is hereby amended by adopting a new Chapter 153, all as attached hereto as Exhibit A, and incorporated herein by this reference.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.
EXHIBIT A-New Chapter 153 (Short Term rentals)
153.01 Definitions.
For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Dwelling” shall mean a residential structure located in a residential district with the corporate limits of the Village, as residential districts are defined in Chapter 159.003 of the Zoning Code, as amended from time to time.
B. “Short-Term Residential Rental: shall mean a residential structure offered for rent for a period which does not exceed thirty consecutive days. The term “Short-Term Residential Rental” shall not include hotels, bed and breakfast establishments, or boarding facilities as those terms are defined in Chapter 159.003 of the Zoning Code, as amended from time to time.
C. “Short-Term Residential Rental Property Owner” shall mean the individual or entity which has title to the property which is the subject of a Short-Term Residential Rental.
153.02 Purpose.
It is the intent and purpose of this Section to preserve the character and integrity of residential neighborhoods within the Village by prohibiting Residential Structures from being used for the commercial purpose of providing Short-Term Residential Rentals.
153.03 Short-Term Residential Rentals Prohibited.
A. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village of Romeoville as a Short-Term Residential Rental, except as set forth in Section 153.02(B) below.
B. Notwithstanding the provisions set forth in Section (A) above, a property shall not be considered a Short-Term Residential Rental when the preceding owner of a property maintains possession of a Residential Structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement.
153.04 Public Nuisance.
Operation of any Short-Term Residential Rental within the Village of Romeoville in violation of the provisions of this Chapter may be deemed a public nuisance and abated pursuant to all available remedies, including, but not limited to injunctive relief. In addition to the penalties provided for herein, the Village of Romeoville shall be entitled to receive from the Short-Term Residential Rental Owner reimbursement for the costs and expenses incurred by the Village of Romeoville to abate a Short-Term Residential Rental operating as a public nuisance.
153.05 Penalties.
Any Short-Term Residential Rental Owner or other person or entity who violates the provisions set forth or referenced in this Chapter, shall be subject to the following penalties:
(A). A fine of one thousand dollars ($1,000.00) for the first offense within a 12-month period, and a fine of two thousand five hundred dollars ($2,500.00) for a second or subsequent offense within a 12-month period.
(B). Each day that a violation of this Chapter continues shall be considered a separate and distinct offense and a fine shall be assessed for each day that a provision of this Chapter is found to have been violated. Notwithstanding the foregoing, the escalation of fines as set forth above shall not occur until a prior adjudication of a violation against the same individual or entity has been entered.
(C) The Village may elect to prosecute violations of this Chapter through either its Administrative Adjudication Process as outlined in Chapter 42 of this Code or through ordinance violation court proceedings. Continued violations of this Chapter are subject to an injunction to enforce this Chapter by petition to the Twelfth Judicial Circuit Court, Will County, Illinois.
153.06 Notice of Violation.
The notice of a violation of the provisions set forth or referenced in this Chapter shall be served in any of the following manners:
(A) Personal service of process by handing the notice of violation to the respondent, their employees or agents, by any authorized Village of Romeoville police or code enforcement officer.
(B) Personal service of process as authorized by the Illinois Code of Civil Procedure (735 ILCS 5/2-203).
(C) Mailing the notice by first class US mail, postage prepaid, to the respondent’s last known address, or in the case of a business, to the address for the registered owner or the address for its principal place of business.
(D) Emailing the notice to the Short-Term Residential Rental Owner’s last known address when the respondent is the Short-Term Rental Owner.
(E) Posting the notice upon the property where the violation is found when the respondent is the Short-Term Residential Rental Owner.