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Amending Chapter 155 of the Village Code of Ordinances - Rental Property Inspections
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WHEREAS, the Village of Romeoville has adopted certain ordinances now codified as
and for Chapter 155 of the Village Code of Ordinances setting forth and establishing certain
regulations regarding the rental property inspections within the Village limits, including definitions, rental property provisions, fees, and inspection requirements established by said Chapter 155; and
WHEREAS, after Village staff review, it has been determined that it is in the best interest
of the Village to amend Chapter 155 of the Village Code of Ordinances to revise certain definitions, rental property provisions and inspection requirements.
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: AMENDMENT OF CHAPTER 155.01 OF THE VILLAGE CODE OF ORDINANCES. All those heretofore adopted ordinances of the Village of Romeoville codified as and for Chapter 155.01 of the Village Code of Ordinances are herby amended to revise indicated definitions as hereinafter set forth:
155.01 DEFINITIONS,
"INDUSTRIAL RENTAL PROPERTY." Any building in an area zoned for industrial or research use of which all or a portion of the building is to be rented or leased to an occupant other than the owner.
"MULTIPLE FAMILY RENTAL UNIT." Denotes a rental property within any structure in which more than two rental dwelling units are located and access to which is through a common area. (Does not include hotel or motel.), but excluding rental properties located within hotels or motels and any rental properties located within a multi-unit complex, all as defined in this Section 155.01.
“MULTI-UNIT COMPLEX.” Denotes any development as defined in Section 155.13.
"RENTAL PROPERTY." Any dwelling unit or commercial/industrial space or building that is located either within a multiple family rental unit, a multi-unit complex, townhome structure, single-family detached residence or commercial/industrial structure that is rented, leased or subleased to an occupant is intended for occupancy by one other than the owner, or a dwelling unit occupied by a contract purchaser under an installment land contract. Notwithstanding the absence of a traditional written or oral lease, a dwelling unit or commercial/industrial space or building that is located either within a multiple family dwelling unit, a multi-unit complex, townhome structure, single-family detached residence or commercial/industrial structure shall nonetheless be deemed to be a rental property where, under the totality of the circumstances, it appears that the property is intended to be used and occupied by persons other than the real or substantial owner thereof. Factors relevant to the determination that a property is a rental property within the meaning of the preceding sentence shall include, but not necessarily be limited to the following: a) the identity of the persons or entities shown on the tax bill for the property in question; b) the identity of the person or entity shown on the bills or accounts for utility services to the property in question; c) whether the occupant(s) of the property in question have provided any form of periodic or other consideration to any other party as a condition of the ability of the occupant to occupy the property in question; d) the identity of the person or entity responsible for repairs and maintenance to the property in question, whether such person or entity occupies the property in question, and whether such person or entity receives compensation for performing repairs and maintenance to the property in question; e) whether the property in question is occupied by persons collectively holding a majority of the beneficial interest in any land trust in which title to the property in question is held together with the power of direction over such land trust, or whether the property is occupied by persons collectively holding a minority of the beneficial interest in any land trust in which title to the property in question is held, without the power of direction over such land trust; f) the relative proportions of beneficial interest in any land trust holding title to the property in question held by occupants of the property in question as compared to non-occupants of the property in question; g) the absence of any familial relationship between the occupants of the property and the non-occupant holders of beneficial interest in any land trust holding title to the property in question; h) the relative proportion of ownership interest or title to the property held by owner-occupants as compared to the proportion of ownership interest or title to the property held by non-occupant owners of the property in question, regardless of the form or means by which such ownership or title interests are held; i) whether the property in question is occupied by persons collectively holding a majority of the ownership interest in or title to the property, regardless of the form or means by which such ownership interests or title is held, and j) the presence or absence of any familial relationship
between the occupant-owners and the non-occupant owners, regardless of the form or means by which such ownership or title interests are held.
"RENTAL UNIT." Any dwelling unit or commercial/industrial space or building that is located either within a multiple family dwelling unit, multi-unit complex, townhome structure, single-family detached residence or commercial/industrial structure that is rented, leased or subleased to an occupant or intended for occupancy by other than the owner. Notwithstanding the absence of a traditional written or oral lease, a dwelling unit or commercial/industrial space or building that is located either within a multiple family dwelling unit, multi-unit complex, townhome structure, single-family detached residence or commercial/industrial structure shall nonetheless be deemed to be a rental unit where, under the totality of the circumstances, it appears that the unit, space or building in question is intended to be used and occupied by persons other than the real or substantial owner thereof. Factors relevant to the determination that a unit, space or building is a rental unit within the meaning of the preceding sentence shall include, but not necessarily be limited to the following: a) the identity of the persons or entities shown on the tax bill for the unit, space or building in question; b) the identity of the person or entity shown on the bills or accounts for utility services to the unit, space or building in question; c) whether the occupant(s) of the unit, space or building in question have provided any form of periodic or other consideration to any other party as a condition of the ability of the occupant to occupy the unit, space or building in question; (d) the identity of the person or entity responsible for repairs and maintenance to the unit, space or building in question, whether such person or entity occupies the unit, space or building in question, and whether such person or entity receives compensation for performing repairs and maintenance to the unit, space or building in question; e) whether the unit, space or building in question is occupied by persons collectively holding a majority of the beneficial interest in any land trust in which title to the unit, space or building in question is held together with the power of direction over such land trust, or whether the unit, space or building is occupied by persons collectively holding a minority of the beneficial interest in any land trust in which title to the unit, space or building in question is held, without the power of direction over such land trust; f) the relative proportions of beneficial interest in any land trust holding title to the unit, space or building in question held by occupants of the unit, space or building in question as compared to non-occupants of the unit, space or building in question; g) the absence of any familial relationship between the occupants of the unit, space or building and the non-occupant holders of beneficial interest in any land trust holding title to the unit, space or building in question; h) the relative proportion of ownership interest or title to the property held by owner-occupants as compared to the proportion of ownership interest or title to the property held by non-occupant owners of the property in question, regardless of the form or means by which such ownership or title interests are held; i) whether the property in question is occupied by persons collectively holding a majority of the ownership interest in or title to the property, regardless of the form or means by which such ownership interests or title is held, and j) the presence or absence of any familial relationship between the occupant-owners and the non-occupant owners, regardless of the form or means by which such ownership or title interests are held.
"SINGLE FAMILY RESIDENCE." A residential dwelling unit other than those located in a multi-multiple family rental unit or within a multi-unit complex.
(Ord. 2340-95, passed 6-7-95; Am. Ord. 14-1120, passed 5-21- 14; Am. Ord. 16-1298,
passed 7-6-16; Am. Ord. 17-1367, passed 5-3-17)
SECTION 3: AMENDMENT OF CHAPTERS 155.03 to 155.07 OF THE VILLAGE CODE OF ORDINANCES. All those heretofore adopted ordinances of the Village of Romeoville codified as and for Chapters 155.03 to 155.07 of the Village Code of Ordinances are herby amended to read as hereinafter set forth:
155.03 REGISTRATION OF RENTAL PROPERTIES.
(2) The name, address and phone number and email address of the property owner;
(3) The name, address and phone number and email address of the agent or person in charge of the property;
(4) The name, address and phone number and email address of the person or persons to contact in the event of an emergency; and
(5) The name, address and phone number and email address of the person or persons living in or occupying the property.
(B) A separate form for each rental property shall be provided. In the event that any of the information provided for any rental property changes, it shall be the responsibility of the property owner, landlord and/or property manager to notify the Code Officials of these changes within seven business days of the effective date of the change.
(Ord. 2340-95, passed 6-7-95; Am. Ord. 14-1120, passed 5-21- 14) Penalty, see
Section 155.99.
155.04 RENTAL OCCUPANCY INSPECTION REQUIREMENTS.
No owner, agent or person in charge of any rental properties including all residential dwelling unit(s) or commercial/industrial rental space, shall allow any other person to occupy the same as a lessee, unless said residential dwelling unit(s) or commercial/industrial rental space has been inspected and approved for occupancy by the local code official, and in accordance with the requirements contained within this chapter. A certificate of occupancy issued in connection with the initial construction of any rental property shall satisfy the requirements of this Chapter for the issuance of a certificate of occupancy for a rental property for a period of three years from the date of the issuance thereof. After the expiration of such initial three year period, all rental properties must thereafter be inspected and receive certificates of occupancy as otherwise provided by this Chapter.
(Ord. 2340-95, passed 6-7-95, see Section 155.99.
155.05 CERTIFICATE OF OCCUPANCY.
(A) No owner, agent or person in charge of an existing single family dwelling unit(s), an existing multiple family rental unit(s), multi-unit complex, commercial or industrial rental space shall rent a unit or allow any person to occupy the same as an occupant, or lessee unless a certificate of occupancy has been issued by a Village inspector certifying that the residential, commercial or industrial rental property at issue has been inspected and found to be in reasonable compliance with all provisions of the currently adopted Property Maintenance Code of the village as well as all other health, building and zoning laws in force at the time the building was built, provided there are no violations to be found that threatened the health, safety and welfare of the occupants. Any change in occupancy shall require a new certificate, except as otherwise provided in this Chapter.
(C) A certificate of occupancy issued in connection with the initial construction of any rental property shall satisfy the requirements of this Chapter for the issuance of a certificate of occupancy for a rental property for a period of three years from the date of the issuance thereof. After the expiration of such initial three year period, all rental properties must thereafter be inspected and receive certificates of occupancy as otherwise provided by this Chapter.
(Ord. 2340-95, passed 6-7-95; Am. Ord. 14-1120, passed 5-21-14) Penalty, Section 155.99.
155.06 APPLICATION FOR CERTIFICATE OF OCCUPANCY.
(A) Single family residence, commercial, or industrial. The owner, agent, or person in charge of a rental property within an existing single family dwelling unit, multiple family rental unit, commercial, or industrial rental property shall file an application with the village for a certificate of occupancy no less than 14 working days prior to the occupancy of the rental property. Application shall be made on a form available from the village. The application shall contain the address of the rental property; the name, current address, and phone number of the owner, agent, or person in charge of the property; the name of the pending lessee; and such other information required by the Code Official, including a statement of authorization allowing the Code Official to enter the premises at a mutually agreed time for the purpose of performing the inspection.
(B) Statement of authorization. In addition to the statement of authorization on the application allowing the Code Official to enter the premises, the owner, agent, or person in charge of an existing single family dwelling unit, multiple family dwelling unit, or commercial, or industrial rental property shall be advised by the village of their right to refuse inspection of the dwelling unit, commercial, or industrial rental space, and the village's right to seek issuance of an administrative search warrant in the event of any such refusal.
(C) Multiple family dwelling Multi-unit complexes. Owners, landlords, or property managers of multiple multi-unit complexes as defined in § 155.01Section
155.01 shall comply with the provisions of Section 155.13.
(Ord. 2340-95, passed 6-7-95; Am. Ord. 16-1319, passed 9-21-16)
155.07 PERMIT FEE.
The Village Board of Trustees shall establish a schedule of fees, charges and expenses for permits for rental property inspections. Fees shall be paid to the Village Clerk at the time of application for a permit is made. The schedule of fees shall be as set forth in the Chapter 43 of the Village Code of Ordinances, and may be altered /or amended from time to time by the Mayor and Village as otherwise set forth in this Chapter.
(Ord. 2683-99, passed 8-18-99)
SECTION 4: AMENDMENT OF CHAPTERS 155.10 and 155.12 to 155.17 OF THE VILLAGE CODE OF ORDINANCES. All those heretofore adopted ordinances of the Village of Romeoville codified as and for Chapters 155.10 and 155.12 to 155.17 of the Village Code of Ordinances are herby amended to read as hereinafter set forth:
155.10 INSPECTIONS.
(A) Except as provided in Section 155.13, within five business days, or sooner, of the filing of the application, the inspector will contact the owner, agent, or person in charge of the rental property to be inspected to confirm the inspection date and time stated on the application. The owner, agent, or person in charge of the rental property must accompany the inspector during the inspection. If access to the rental property is not possible because of the failure of the owner, agent, or person in charge to appear within ten minutes of the scheduled time, this shall be deemed a violation of good faith and a rescheduling fee of $50 may be assessed for rescheduling the inspection in addition to any otherwise applicable fees for such inspection. In the event of a second or any subsequent failure by the owner, agent, or person in charge of the rental property to appear within ten minutes of the scheduled time, the same shall be deemed a violation of this chapter and subject to the penalties set forth in Section 155.99.
(B) The rental property must be vacant and unoccupied at the time the inspection is scheduled to be performed. If it is found that the rental property is occupied at the time of the inspection, an additional fee of $100 may be assessed to accommodate for the added difficulties for the inspector to perform a proper inspection.
(C) The village shall inspect all common areas of multiple family dwelling unit(s). If violations are found, they must be abated before any application(s) for an occupancy inspection will be accepted according to this chapter.
(D) Multi-unit complexes. Owners, landlords, or property managers of multi-unit complexes as defined in Section 155.01 shall comply with the provisions of Section 155.13.
155.12 ISSUANCE OR WITHHOLDING OF CERTIFICATE OF OCCUPANCY.
The code official shall, within three working days, or sooner, of the inspection, grant or withhold a certificate of occupancy in the following manner:
(A) Issuance. Upon the determination of the code official that the rental property in question substantially complies with the provisions of Section 155.11 and division (B) of this section, the code official shall issue the certificate of occupancy to the applicant. It shall be the responsibility of the property manager to provide a copy of the occupancy permit to the lessee for his or her records.
(B) Violation abatement required. If violations were reported during the inspection and all were verified abated by reinspection of the premises, a certificate of occupancy shall be issued.
(C) Failure to abate. If violations are not abated within the time specified in the report of the Inspector, the owner shall be deemed in violation of this chapter and subject to the fines and penalties contained herein.
(D) Withholding the certificate of occupancy. The code official shall withhold the issuance of a certificate of occupancy for any rental property until all violations reported during the initial inspection are abated by the owner, agent or person in charge of the property. Except as otherwise provided in this Chapter with respect to rental properties in multi-unit complexes, occupancy or re-occupancy of any rental property (i.e. residential, industrial or commercial) shall be prohibited without a new rental inspection and new certificate of occupancy being issued prior to each change of lessee, tenant or occupant, including changes of less than all lessees, tenants or occupants of a single rental property leased, occupied or shared by multiple lessees, tenants or occupants.
SECTION 155.13 CERTIFICATES OF OCCUPANY/RENTAL INSPECTIONS FOR MULTI-UNIT COMPLEXES
(A) For the propose of this section, a “multi-unit complex” shall consist of and include any development containing or having appropriate development approvals from the Village to contain 175 or more residential rental properties under common ownership, which is professionally managed by personnel employed by or under contract to the owner thereof, and which includes the following listed amenities: 1) a clubhouse or common building intended and available for use by multi-unit complex residents, 2) recreational facilities for multi-unit complex residents, including but not necessarily limited to a swimming pool, fitness center or outdoor patio/gathering area and 3) common open space improved with pedestrian walking paths or sidewalks and areas for pet exercise.
(B) The owner, agent or person in charge of any existing multi-unit(s) complex shall notify the village requesting an immediate inspection for the issuance of a certificate of occupancy for a rental property within a multi-unit complex by making application in accordance with the provisions of Section 155.06 herein. Such request shall also be accompanied by the submission to the Village of written documentation that the furnace has passed a safety inspection performed by a licensed HVAC contractor within the 12 months prior to the request/application for the rental inspection.
(C) The code official shall inspect the premises within three working days, or sooner, and issue a certificate of occupancy upon finding that the premises comply with the provisions of Sections 155.10(B), 155.11 and 155.12 (B) herein.
(D) The owner, agent or person in charge of the code existing multi-unit complex shall accompany the Village inspector during the conduct of the inspection the rental property in question, and the proposed occupant(s) of the rental property shall also be permitted to attend the inspection; the Village shall make reasonable efforts as requested by the proposed occupant(s) to schedule inspections to accommodate attendance at the inspection by the proposed occupant(s) of the rental property, provided that all such inspections shall occur during the regular business hours of the Village code enforcement department. In the event that the premises do not comply with such provisions, then the code official shall schedule a reinspection within three working days or sooner after receiving notice from the owner, agent or person in charge of any existing multi-unit complex. No certificate of occupancy shall be issued for in any rental property
within a multi-unit complex until such time as an inspection or reinspection results in a determination that the rental property in question has achieved compliance with the provisions of Section 155.10 (B), 155.11 and 155.12 (B) herein. The fee for each inspection and reinspection shall be as set forth from time to time in Chapter 43 of this Code. Rental inspections of occupied rental properties in multi-unit complexes shall also be subject to the payment of an additional fee as set forth from time to time in Chapter 43.
(E) A certificate of occupancy issued pursuant to this Section 155.13 shall be valid for a period of three years from the date of issuance, notwithstanding any changes in occupancy during such three year period, provided, however, that upon any change in the occupancy of the relevant rental property to which the certificate of occupancy pertains, the owner, agent or person in charge of any existing multi-unit complex shall provide the Village with an affidavit including the name and contact information as to the new or different occupants of such rental property, and attesting to the fact that such rental property is then in compliance with the provisions of all applicable ordinances, including but not limited to the provisions of Sections 155.10 (B), 155.11 and 155.12 (B) herein.
(F) The inspectional procedures and requirements set forth in this Section 155.13 shall be applicable to all rental property inspections within multi-unit complexes conducted or required on or after July 1, 2021. Certificates of occupancy for rental properties in multi-unit complexes issued prior to July 1, 2021 shall remain in force and effect for a period of three years from their initial date of issuance, but the owner, agent or person in charge of any existing multi-unit complex for which such a certificate of occupancy has been issued shall be required to comply with the requirements of Section 155.13(E); thereafter, the owner, agent or person in charge of the multi-unit complex in which any such rental property was located shall apply for and obtain rental inspections and certificates of occupancy in accordance with the requirements of this Section 155.13.
(G) Any tenant or occupant of a rental property within a multi-unit complex may at any time apply for a rental inspection for the purpose ascertaining whether or not the rental property in question is then in compliance with the provisions of this Chapter by making application for such inspection to the Village, and providing a copy of the same to the owner, agent or person in charge of any existing multi-unit complex. The tenant or occupant of the rental property in question shall be responsible for the payment of applicable fees for such an inspection, and the inspection shall otherwise be conducted pursuant to this Section 155.13.
155.14 EXPIRATION OR REVOCATION OF CERTIFICATE.
(A) Certificates of occupancy issued for any rental unit shall expire and be revoked immediately as a result of any of the following conditions:
(1) Non-renewal of a lease, including non-renewal of a lease as to less than all lessees, tenants or occupants of a single rental property leased, occupied or shared by multiple lessees, tenants or occupants;
(2) Eviction of any existing tenant by the owner, agent, or property manager, including the eviction of less than all lessees, tenants or occupants of a single rental
property leased, occupied or shared by multiple lessees, tenants or occupants, or the addition of a new tenant;
(3) Vacation of the rental property by the lessee, tenant or sublessee, including the vacation of a rental property by less than all lessees, tenants or occupants of a single rental property leased, occupied or shared by multiple lessees, tenants or occupants;
(4) Sale of the property or transfer of ownership; or
(5) Violation of the Property Maintenance Code causing endangerment to the health, safety and welfare of the tenant or tenants.
(B) An expired or revoked certificate of occupancy shall be reissued upon reapplication by the owner, agent or person in charge of the property and fulfillment of all of the conditions of this chapter.
(C) Notwithstanding the preceding provisions of this Section 155.14, a certificate of occupancy issued for a rental property in a multi-unit complex shall be valid for a period of three years from the date of issuance, and shall only be subject to prior revocation in the event of the occurrence of a violation of the Property Maintenance Code causing endangerment to the health, safety and welfare of the tenant or tenants.
(Ord. 2340-95, passed 6-7-95; Am. Ord. 12-0987, passed 5-2-12; Am. Ord. 14-1120,
passed 5-21-14)
155.15 COMPLIANCE REQUIRED.
Any person or persons who violate, disobey, omit, neglect or refuse to comply with or who resists the enforcement of any provisions of this chapter shall incur penalties pursuant to the section entitled "penalties" in the currently adopted Property Maintenance Code of the village and stipulated in Section 155.99 herein.
(Ord. 2340-95, passed 6-7-95) Penalty, see Section 155.99.
155.16 RIGHT TO APPEAL.
Any person affected by any notice which has been issued or action taken in connection with the enforcement of the provisions of this chapter retains the right to appeal the same to the Village Administrative Adjudication Hearing Officer pursuant to the provisions stipulated by the section of Section 42A.20 of the Village Code of Ordinances.
(Ord. 2340-95, passed 6-7-95)
155.17 LIABILITY.
(A) A certificate of occupancy issued by the code official on behalf of the village, shall not be construed in any way to be a warranty or guarantee or any matter with respect to the rental property for which it has been issued.
(B) Any code official, officer or employee who acts in good faith and without malice in the discharge of his or her duties in enforcement of this chapter is relieved of all personal liability pursuant to the provisions outlined in the currently adopted Property Maintenance Code of the village.
(Ord. 2340-95, passed 6-7-95)
SECTION 5: 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 6: 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 7: 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.