Chapter 5-104
SELF-STORAGE FACILITIES
Sections:
5-104-040 Payment and penalty for nonpayment.
5-104-060 Suspension or revocation of licenses.
5-104-070 Proceeds of user fees and fines.
5-104-010 Short title.
This chapter may be known and may be cited as the “self-storage facility user fee” of the city. (Ord. 2722 § 1 (part), 1991)
5-104-020 Definitions.
For the purpose of this chapter, whenever any of the following words, terms or definitions are used herein, they shall have the meanings ascribed to them in this section:
“Occupant” means a person, his sublessee, successor or assignee, entitled to the use of the storage space at a self-service storage facility under a rental agreement to the exclusion of others.
“Owner” means the owner, operator, lessor or sublessor of a self-service storage facility, his agent, or any other person authorized by him to manage the facility, or to receive rent, from an occupant under a rental agreement.
“Personal property” means movable property not affixed to land and includes, but is not limited to goods, merchandise, and household items.
“Rental agreement” means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules or any other provision concerning the use and occupancy of a self-service storage facility.
“Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to such for the purpose of storing and removing personal property. A self-service storage facility, as defined in this chapter, is not a warehouse for the purposes of Article 7 of the Uniform Commercial Code. If an owner issues any warehouse receipt, bill of lading, or other document of title for the personal property stored, the provisions of the Act do not apply. (Ord. 2722 § 1 (part), 1991)
5-104-025 License fee.
The annual license fee for a self-storage facility shall be based on the number of employees as shown in Section 5-02-160 of this code. (Ord. 3221 § 27, 2009)
5-104-030 User fee imposed.
There is imposed and shall accrue and shall be collected a user fee as herein provided upon the use of any self-service storage facility in the city at the rate of five percent of the gross rental or leasing charge. The ultimate incidence of and liability for payment of the user fee imposed by this chapter shall be borne by the occupant of any such self-service storage facility. The user fee shall be in addition to any and all other taxes. It shall be the duty of every owner of every self-service storage facility to collect the user fee from the occupant and pay over to the city the user fee under the rules and regulations prescribed by the city council and as otherwise provided by this chapter. (Ord. 2722 § 1 (part), 1991)
5-104-040 Payment and penalty for nonpayment.
A. Every owner of such facility within the city shall file a sworn user fee return on a monthly basis with the clerk of the city showing user fee receipts received with respect to storage space rented or leased during the preceding monthly period, upon forms prescribed by the city comptroller. At the time of filing the return, the owner shall pay to the clerk all user fees due for the period to which the return applies.
B. If for any reason any user fee is not paid when due, a penalty at the rate of two percent per month on the amount of user fee which remains unpaid shall be added and collected. Whenever any person shall fail to pay any amounts as herein provided, upon request of the mayor, the corporation counsel shall bring or cause to be brought an action to any court of competent jurisdiction, with costs of such enforcement to be borne by the owner. (Ord. 2722 § 1 (part), 1991)
5-104-050 Records.
Every owner of such facility in the city shall keep books and records showing the prices, rents or charges made or changed and occupancies assessed under this chapter. The mayor and the city comptroller shall at all reasonable times have full access to the books and records. (Ord. 2722 § 1 (part), 1991)
5-104-060 Suspension or revocation of licenses.
If the mayor, after hearing held by him or for him, shall find that any person has wilfully avoided collection and payment of the user fee imposed by this chapter, he may suspend or revoke all city licenses held by the evader. The owner shall have opportunity to be heard, and such hearing shall be held not less than five days after notice of the time and place of the hearing. The notice shall be addressed to the owner at his last known place of business. The suspension or revocation of any license shall not release or discharge the owner from civil liability for the payment of the user fees nor for the prosecution of such offenses. (Ord. 2722 § 1 (part), 1991)
5-104-070 Proceeds of user fees and fines.
All proceeds which result from the imposition of the fees levied pursuant to this chapter, including penalties, shall be paid into the treasury of the city. (Ord. 2722 § 1 (part), 1991)
5-104-080 Violation—Penalty.
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with, or resisting or opposing the enforcement of any of the provisions of this chapter, except when otherwise specifically provided, upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50.00) nor more than three hundred dollars ($300.00), for the first offense and not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for the second and each subsequent offense in any one hundred eighty (180) day period; provided, however, that all actions seeking the impositions of fines only shall be filed as quasicriminal actions subject to the provisions of the Illinois Civil Practice Act (Ill. Rev. Stat. 1969, Ch. 110, par. 1, et seq.). A separate and distinct offense shall be regarded as committed each day upon which said person shall continue any such violation or permit any such violation to exist after notification thereof. (Ord. 2722 § 1 (part), 1991)