Chapter 15-44
OCCUPANCY CERTIFICATES FOR RESIDENTIAL RENTAL UNITS
Sections:
15-44-010 Requirement for certificate of housing inspection and approval of occupancy.
15-44-040 Application, contents and term of certificates.
15-44-050 Issuance of a certificate of housing inspection and approval of occupancy.
15-44-060 Revocation or denial of certificate of housing inspection and approval of occupancy.
15-44-070 Correction of violations—Reinspections.
15-44-080 Temporary certificates.
15-44-110 Interpretation of certificates as warranty.
15-44-120 Inspection of common areas.
15-44-150 No constructive eviction by termination of water service.
15-44-160 Temporary water service to tenant.
15-44-010 Requirement for certificate of housing inspection and approval of occupancy.
It is unlawful for any person or family to occupy, or for any owner, manager or agent thereof, to knowingly permit the occupation of, any residential rental unit, to include multifamily dwellings, apartment units, townhouses, condominiums, duplexes, or single-family rental units, or additions thereto or any part thereof, until a valid certificate of housing inspection and approval of occupancy has been issued by the director of planning and development. The owner, manager or agent of the residential rental property shall obtain a certificate of housing inspection and approval of occupancy prior to the occupancy or change of occupancy of each dwelling. (Ord. 2426 § 1 (part), 1985)
15-44-020 Applicability.
A. This chapter shall be applicable to all residential properties in the city that are rented or leased, which shall be defined as any residential dwelling unit or structure wherein the owner or owner’s agent allows an individual or individuals to occupy space while charging a monthly, quarterly or annual fee for the privilege of occupying said space, excepting only (1) rooming house units, which are regulated under Section 5-100-010 of the municipal code; (2) hotels, which are regulated under Section 5-58-010; (3) nursing homes, which are regulated under Section 5-82-010; and (4) motels, which are regulated under Section 5-58-010.
B. This section shall not apply to any occupancy in existence at the time of the adoption of the ordinance codified in this chapter, until a change of occupancy occurs. Further, this section shall not apply to any land contract, contract for sale or any other property transaction wherein the new occupant has formally committed to acquire title and ownership of the dwelling unit occupied. (Ord. 2426 § 1 (part), 1985)
15-44-030 Fee.
All occupancy certificate fees for residential rental units shall be in accordance with Title 17, Residential Landlord and Tenant Rights Regulations. (Ord. 3221 § 36, 2009: Ord. 2552 § 1, 1988: Ord. 2452 § 1, 1986: Ord. 2426 § 1 (part), 1985)
15-44-040 Application, contents and term of certificates.
A. Application for a certificate of housing inspection and approval of occupancy as required by Section 15-44-010 shall be made on forms supplied by the department of planning and development. The owner, manager or agent shall supply information and data to determine compliance with applicable laws, ordinances, rules and regulations for the existing use or occupancy or intended use or occupancy of the residential rental dwelling unit.
B. Such information on the application shall include the following:
1. The name and address of the owner;
2. The name and address of the manager or agent of the property;
3. A copy of the power of attorney, contract or other legal document by which the owner has vested the agent or manager with authority to act on his behalf with respect to the property and to receive service of process on his behalf;
4. The street address and unit number;
5. The term of occupancy;
6. The name of the future occupant in whose name the dwelling unit is to be rented;
7. The number of future occupants of the dwelling unit;
8. The type of use of the dwelling unit.
C. The application for a certificate of housing inspection and approval of occupancy shall be completed and filed with the department of planning and development no less than eight business days prior to the occupancy or change in occupancy of a residential rental dwelling unit.
D. The owner, manager or agent shall be responsible for ensuring such access by inspectors of the city as may be necessary to conduct the code compliance inspections for the residential rental dwelling unit under this chapter.
E. The certificate shall be valid until a change of occupancy of the dwelling unit occurs.
F. A valid certificate for each occupied dwelling unit shall be kept on file in the office of the owner, manager or agent of such unit at all times. (Ord. 2426 § 1 (part), 1985)
15-44-050 Issuance of a certificate of housing inspection and approval of occupancy.
Following the inspection of the residential dwelling unit, a certificate of housing inspection and approval of occupancy shall be issued for each such unit wherein no violation which poses an immediate or serious threat to the health, safety and welfare of the occupants, in violation of the city’s building, fire, electrical, existing structures, mechanical or plumbing codes, as now existing or hereafter amended, is found. If such a violation is found, abatement of the violation of the city’s codes shall be in accordance with Section 15-44-070. (Ord. 2426 § 1 (part), 1985)
15-44-060 Revocation or denial of certificate of housing inspection and approval of occupancy.
The director of planning and development shall have the power to deny or to revoke a certificate of housing inspection and approval of occupancy if any false statement is made by the applicant in connection with the issuance of such certificate, for noncompliance of a structure or dwelling unit or its use within Section 15-44-050 or if the owner, manager or agent refuses to comply with any applicable provision of this chapter. Prior to revoking a certificate, the director of planning and development shall provide the owner, agent or manager and the tenant with a written report stating the defects noted during the investigation and shall provide a reasonable time for the correction of said defects, not to exceed one hundred eighty (180) days, as provided in Section 15-44-080. In the event that the condition of the dwelling unit poses an imminent and immediate threat to the life and safety of the occupants, the director of planning and development, or his designee, shall issue a notice of revocation to the owner, agent or manager and the tenant and shall thereupon cause the unit to be vacated without delay. (Ord. 2426 § 1 (part), 1985)
15-44-070 Correction of violations—Reinspections.
If the inspection reveals a violation of any of the provisions of an applicable code of the city as provided in Section 15-44-050, the owner shall correct such violation prior to the occupancy of the premises unless a temporary certificate has been as provided in Section 15-44-080. When the violation is corrected, the owner shall apply for a reinspection and, if no violation is found upon reinspection, a certificate of housing inspection and approval of occupancy shall be issued. (Ord. 2426 § 1 (part), 1985)
15-44-080 Temporary certificates.
Where no immediate danger to the public health and safety exists, a temporary certificate of housing inspection may be granted by the director of planning and development authorizing occupancy of the premises, provided that the owner, manager or agent files security with the city clerk to ensure abatement of all violations, in a form acceptable to the director of planning and development and in an amount equal to the estimated cost of the work and materials necessary to abate all violations, as determined by the director of planning and development. A temporary certificate of housing inspection shall be issued for ninety (90) days. A second temporary certificate of housing inspection for a like period may be issued upon good cause being shown. In no event shall the violation be permitted to continue for a period in excess of one hundred eighty (180) days. (Ord. 2426 § 1 (part), 1985)
15-44-090 Forms.
The director of planning and development is authorized to adopt such forms as may be necessary for the proper enforcement of the provisions of this chapter. The director of planning and development shall keep available for public inspection and use copies of all forms. (Ord. 2426 § 1 (part), 1985)
15-44-100 Appeal of a denial or revocation of a certificate of housing inspection and approval of occupancy.
A. Any person whose application for a certificate of housing inspection and approval of occupancy is denied or revoked may appeal such decision to the joint board of building code and fire prevention appeals. A notice of appeal shall be filed within ten days of the decision appealed from.
B. The joint board of building code and fire prevention appeals may grant a variance from the requirements of this chapter only when the owner, manager or agent of a residential rental dwelling unit can prove that compliance with requirements of this chapter will create an extreme hardship or where physical conditions make compliance impossible. (Ord. 2426 § 1 (part), 1985)
15-44-110 Interpretation of certificates as warranty.
In issuing a certificate of housing inspection and approval of occupancy, the city does not intend to, nor does it, warrant, insure or guarantee to the holder thereof, to his or her assignee or to any other interested person, that there are no violations of any of the ordinances of the city, laws of the state of Illinois or the laws of the United States of America. (Ord. 2426 § 1 (part), 1985)
15-44-120 Inspection of common areas.
In addition to the provisions of this chapter for the inspection of residential rental dwelling units, the common areas and mechanical rooms of multi family dwelling units shall be subject to inspections twice per annum to ensure compliance with the applicable codes of the city. (Ord. 2426 § 1 (part), 1985)
15-44-130 Search warrant.
In addition to any other remedies or penalties provided in this chapter, the building official, his designee, or the city police are authorized to obtain administrative search warrants by application to the circuit court if an owner or tenant refuses to permit entry for the purposes of inspection under this chapter. (Ord. 2426 § 1 (part), 1985)
15-44-140 Water service.
It is unlawful for the superintendent of water to provide water service to any housing unit subject to this chapter without first having received satisfactory evidence that the owner, manager or agent of the premises has obtained a certificate of housing inspection and approval of occupancy in accordance with this chapter. Prior to approving any request for water service, the superintendent of water shall require that the owner, manager or agent produce a copy of such certificate. In addition, the owner, manager or agent shall execute a written agreement indicating that the owner, manager or agent understands and agrees to be responsible for the payment of the water bill for the premises, regardless of whether the agreement with the tenant requires that the tenant be responsible for payment of the water bill. The superintendent of water may also terminate water service to a rental unit under this section if he ascertains that the owner, manager or agent has failed to comply with this chapter. (Ord. 2842 § 2 (part), 1985)
15-44-150 No constructive eviction by termination of water service.
No owner, manager, or agent shall request that the city terminate water service in an attempt to constructively evict a tenant of the property. The city will not accept or honor any request from an owner, manager or agent to terminate water service to the premises without an affirmative statement by the owner, manager, or agent that: (a) the tenant agrees to the termination of service; or (b) the property is not occupied; or (c) the landlord has obtained an eviction order from a court of competent jurisdiction ordering the tenant to vacate the premises. The request must also affirmatively state that it is a declaration under penalty of perjury. (Ord. 2842 § 2 (part), 1985)
15-44-160 Temporary water service to tenant.
A. In the event that an owner, manager or agent fails to obtain a certificate of housing inspection and approval of occupancy as required by this chapter and water service is terminated as a result, or in the event that the owner, manager or agent fails to pay the water bills due to bankruptcy, foreclosure or other similar proceeding, the city may elect to offer temporary water service to the tenants of the building for a period not to exceed thirty (30) days upon the following conditions:
1. A written request by the tenant or tenants requesting reinstatement of water service;
2. A deposit of fifty dollars ($50.00) per living unit to cover anticipated water service;
3. A copy of a written lease or written documentation establishing the tenant’s right to possession.
B. The sole purpose of permitting the temporary extension offered by this section is to afford the tenant or tenants of the premises an opportunity to apply to an appropriate court of law for injunctive relief against the owner, manager or agent for noncompliance with this chapter or such other remedy as may be authorized by law. (Ord. 2842 § 2 (part), 1985)
15-44-170 Violation—Penalty.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any provisions of this chapter, shall upon conviction be fined not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day a violation is permitted to exist shall constitute a separate offense. (Ord. 2426 § 1 (part), 1985)