Chapter 15.48
MULTIPLE DWELLING AND OCCUPANCY
Sections:
15.48.020 Inspection of dwelling units.
15.48.030 Powers and duties of code official.
15.48.040 Notice of violation.
15.48.070 Appellate procedures.
15.48.090 Exterior lighting requirements.
15.48.110 Licensing of multiple dwellings, rooming houses, motels and hotels.
15.48.140 Responsibilities of owners and occupants.
15.48.160 Crime-free housing program.
15.48.170 Nuisance residential rental property.
15.48.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
A. “Accessory building or structure” shall mean a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.
B. “Apartment” shall mean a dwelling unit having both bathroom and kitchen facilities.
C. “Appropriate authority” shall mean that person within the governmental structure of the corporate unit who is charged with the administration of the appropriate code.
D. “Approved” shall mean approved by the local or state authority having such administrative authority.
E. “Ashes” shall mean the residue from the burning of combustible materials.
F. “Attic” shall mean any story situated wholly or partly within the roof, and so designed, arranged or built as to be used for business, storage, or habitation.
G. “Basement” shall mean a portion of a building located partly or wholly above grade and having half or more than half of its clear floor-to-ceiling height above the average grade of the adjoining ground.
H. “Boarding house” shall have the same definition as a rooming house herein.
I. “Building” shall mean a fixed structure with walls, foundation and roof, such as a house, factory, garage, etc.
J. “Bulk container” shall mean any metal garbage, rubbish and/or refuse container having a capacity of two cubic yards or greater and which is equipped with fittings for hydraulic and/or mechanical emptying, unloading and/or removal.
K. “Cellar” shall mean a portion of a building located partly or wholly below grade and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
L. “Central heating system” shall mean a single system supplying heat to one or more dwelling units or more than one rooming unit.
M. “Chimney” shall mean a vertical shaft of reinforced concrete, or approved noncombustible, heat-resisting material enclosing one or more flues, for the purpose of removing products of combustion from solid, liquid or gaseous fuel.
N. “Code official” shall have the meaning set forth in RMC 15.02.040.
O. “Dilapidated” shall mean no longer adequate for the purpose or use for which it was originally intended.
P. “Dormitory” shall mean a building or a group of rooms in a building used for institutional living and sleeping purposes by four or more persons.
Q. “Dwelling” shall mean any enclosed space wholly or partly used or intended to be used for living, sleeping, cooking and eating; provided, that temporary housing as hereinafter defined shall not be classified as a dwelling.
R. “Dwelling unit” shall mean a room or group of rooms located within a dwelling forming a single habitable unit with facilities used or intended to be used by a single family for living, sleeping, cooking and eating purposes.
S. “Egress” shall mean an arrangement of exit facilities to assure a safe means of exit from buildings.
T. “Extermination” shall mean the control and elimination of insects, rodents, or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the local or state authority having such administrative authority.
U. “Fair market value” shall mean a price at which both buyers and sellers are willing to do business.
V. “Family” shall mean one or more individuals occupying a single dwelling unit; provided, that unless all members are related by blood, marriage, legal adoption or are foster children, no such family shall contain over three persons; and not more than two guests or roomers whether gratuitous or nongratuitous may also be housed. The term “family,” as regards the number of persons residing within a dwelling unit, shall be further regulated by the necessary minimum requirement of the zoning ordinance of the village of Riverdale whenever such standards are more restrictive.
W. “Flush water closet” shall mean a toilet bowl which is flushed with water which has been supplied under pressure and equipped with a water sealed trap above the floor level.
X. “Garbage” shall mean the animal and vegetable wastes resulting from the handling, preparation, cooking, service and nonconsumption of food.
Y. “Grade” shall mean the finished ground level adjacent to a required window.
Z. “Habitable room” shall mean a room or enclosed floor space used or intended to used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, pantries, kitchenettes and utility rooms of less than fifty square feet of floor space, foyers, or communicating corridors, stairways, closets, storage spaces and workshops, hobby and recreation areas.
AA. “Heated water” shall mean water heated to a temperature of not less than one hundred twenty degrees Fahrenheit at the outlet.
BB. “Heating device” shall mean all furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.
CC. “Household” shall mean one or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking and eating facilities (see also “Family”).
DD. “Impervious to water” (as to floors) shall mean a clean, smooth floor, without cracks or holes, and made of terrazzo, ceramic, wood, asphalt or rubber tile, smooth concrete, linoleum or other similar material that is completely sealed so as to be water-resistant.
EE. “Infestation” shall mean the presence within or around a dwelling of any insects, rodents or other pests.
FF. “Kitchen” shall mean any room used for the storage of foods, preparation of foods and containing the following equipment: sink and/or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.
GG. “Kitchenette” shall mean a small kitchen or an alcove containing cooking facilities.
HH. “Lavatory” shall mean a fixed wash bowl equipped with plumbing. Kitchen sinks do not meet this definition.
II. “Lead-based paint” shall mean any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the “safe” level of lead in residential paint and paint products.
JJ. “Lodging house” shall have the same definition as rooming house herein.
KK. “Multiple dwelling” shall mean any dwelling which is used as a rental unit including a single-family residence. A dwelling unit shall be considered a rental unit if the dwelling is not owner occupied.
LL. “Occupant” shall mean any individual, over one year of age, living, sleeping, cooking, or eating in, or having possession of, a dwelling unit or a rooming unit; except that in dwelling units a guest shall not be considered an occupant.
MM. “Operator” shall mean any person who has charge, care, control, or management of a building, or part thereof, in which dwelling units or rooming units are let or offered for rent or other consideration.
NN. “Ordinary summer conditions” shall mean a temperature ten degrees Fahrenheit below the highest recorded temperature in the locality for the prior ten-year period.
OO. “Owner” shall mean any person who, alone or jointly or severally with others:
1. Shall have legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; and
2. Shall have charge, care, or control of any premises, dwelling or dwelling unit, as owner or agent of the owner, or an executor, administrator, manager, trustee, or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PP. “Permissible occupancy” shall mean the maximum number of individuals permitted to reside in a dwelling unit, rooming unit or dormitory.
QQ. “Person” shall mean and include any individual, firm, corporation, association, partnership, cooperative or governmental agency.
RR. “Plumbing” shall mean and include all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, drains, vents, installed clothes washing machines, catch basins, drain spouts, and any other similarly supplied fixtures, and the installation thereof, together with all connections to water, sewer or gas lines.
SS. “Premises” shall mean a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or nondwelling structure, and includes any such building, accessory structure or other structure thereon.
TT. “Privacy” shall mean the existence of conditions which will permit an individual or individuals to carry out an activity without interruption or interference by either the noise or sight of unwanted individuals.
UU. “Properly connected” shall mean connected in accordance with all applicable codes and ordinances of the village of Riverdale as from time to time in force; provided, however, that the application of this definition shall not require the alteration or replacement of any connection in good working order and not constituting a hazard to life or health.
VV. “Rat harborage” shall mean any condition or place where rats can live, nest, or seek shelter.
WW. “Ratproofing” shall mean a form of construction which will prevent the ingress or egress of rats to or from a given space or building, or from gaining access to food, water, or harborage. It consists of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, roofs, sidewalk gratings, sidewalk openings, and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods approved by the appropriate authority.
XX. “Refuse” shall mean all putrescible and nonputrescible solids (except body wastes) including garbage, rubbish, ashes and dead animals.
YY. “Refuse container” shall mean a watertight container that is constructed of metal, or other durable material impervious to rodents, that is capable of being serviced without creating unsanitary conditions or such other containers that have been approved by the appropriate authority. Openings into the container such as covers and doors shall be tight fitting.
ZZ. “Renter” shall have the same definition as “tenant” herein.
AAA. “Rooming house” shall mean any dwelling other than a hotel or motel or that part of any dwelling containing two or more rooming units and/or two or more dormitory rooms and in which persons either individually or as families are housed with or without meals being provided.
BBB. “Rooming unit” shall mean any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking purposes.
CCC. “Rubbish” shall mean combustible and noncombustible waste materials, except garbage; and the term shall include the residue from the burning of wood, coal, coke, and other combustible material; paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust.
DDD. “Safety” shall mean the condition of being reasonably free from danger and hazards which may cause accidents or disease.
EEE. “Short term” shall mean a period of time of a short duration such as a visitor visiting for a week, but not to exceed thirty days.
FFF. “Space heater” shall mean a self-contained heating appliance of either the convection type or the radiant type and intended primarily to heat only a limited space or area such as one room or two adjoining rooms.
GGG. “Supplied” shall mean paid for, furnished by, provided by, or under control of the owner, operator or agent.
HHH. “Temporary housing” shall mean any tent, trailer, mobile home or any other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty consecutive days.
III. “Tenant” shall mean a person, persons, co-partnership, firm, or corporation occupying or using a building premises or any part or parts thereof owned by another.
JJJ. “Toxic substance” shall mean any chemical product applied on the surface of or incorporated into any structural or decorative material which constitutes a potential hazard to human health at acute or chronic exposure levels.
KKK. “Variance” shall mean a difference between that which is required or specified and that which is permitted. (Ord. 2014-24 § 3, 2014; Ord. 2007-39 § 1, 2007; Ord. 2007-16 § 1, 2007; Ord. 2007-13 § 1, 2007; Ord. 89-28, 1989; Ord. 85-11, 1985)
15.48.020 Inspection of dwelling units.
The code official shall be authorized to develop and adopt plans for the inspection of dwelling units subject to this chapter, including:
A. A plan for the periodic inspection of multiple dwellings and rooming houses subject to the provisions of this code governing the licensing of the operation of such dwellings.
B. 1. A plan for annual licensing and periodic inspections.
2. A plan for occupancy inspection at the time a dwelling unit is vacated.
C. It is hereafter required that any dwelling unit within the village which is rented for a fee and/or non-owner-occupied with a tenant must be inspected by the code official upon change of occupancy or tenancy. Prior to the premises being occupied, a reoccupancy certificate must be issued by the code official certifying that the premises complies with all applicable ordinances of the village and is fit for human habitation. The fee for the inspection as herein provided shall be fifty dollars. The inspection shall be valid for sixty days after the date of inspection. If it is necessary that an additional inspection be made by the code official, no fee shall be charged for said second inspection; provided, however, that any additional inspections beyond the two inspections shall be at a fee of one hundred dollars per inspection. Failure to correct any code violations after the third inspection shall result in a suspension or revocation of an existing multiple dwelling operating license. (Ord. 2014-24 § 4, 2014; Ord. 91-19, 1991; Ord. 85-11, 1985)
15.48.030 Powers and duties of code official.
A. Inspection. The code official or an authorized representative shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections pursuant to one or more plans for inspection as indicated in RMC 15.48.020; or in response to a complaint that an alleged violation of the provisions of this chapter or of the applicable rules or regulations adopted pursuant thereto may exist; or when the code official has valid reason to believe that a violation of this chapter or any rules and regulations adopted pursuant thereto has been or is being committed.
B. Time of Inspection. The code official is hereby authorized to enter and inspect, between the hours of eight a.m. and five p.m., all dwellings, dwelling units, rooming houses, rooming units, motels and hotels, subject to the provisions of this chapter for the purpose of determining whether or not there is compliance with its provisions.
C. Premises Inspection. The code official is hereby authorized to inspect the premises surrounding dwellings, dwelling units, rooming houses and rooming units, subject to this chapter, for the purpose of determining whether or not there is compliance with its provisions.
D. Appointments. The code official and the owner, occupant or other person in charge of a dwelling, dwelling unit, rooming house, or rooming unit subject to this chapter may agree to an inspection by appointment at a time other than the hours provided in subsection B of this section.
E. Access. The owner, occupant or other person in charge of a dwelling, dwelling unit, rooming house, rooming unit, motel, or hotel, upon presentation of proper identification by the code official, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected, shall give the code official entry and free access to every part of the dwelling, dwelling unit, rooming house, rooming unit, motel, or hotel, or to the premises surrounding any of these.
F. Confidentiality. The code official shall keep confidential all evidence, exclusive of the inspection record, which he may discover or obtain in the course of an inspection made pursuant to this chapter and such evidence shall be considered privileged.
G. Petition to Court. If any owner, occupant, or other person in charge of a dwelling, dwelling unit, rooming unit, multiple dwelling, rooming house, hotel or motel licensed as such, fails or refuses to permit free access and entry to the structure or premises under his control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the code official shall apply to the circuit court for an administrative search warrant or other appropriate court order authorizing such inspection. (Ord. 2014-24 § 5, 2014; Ord. 85-11, 1985)
15.48.040 Notice of violation.
A. Whenever the code official determines that any dwelling, dwelling unit, rooming house, rooming unit, motel or hotel, or the premises surrounding any of these, fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant thereto, the code official in accordance with existing legislation shall issue a notice setting forth alleged violations and advising the owner, occupant, operator, or agent that such violations must be corrected. This notice shall:
1. Be in writing; and
2. Set forth the alleged violations of this chapter by code number or description, the applicable rules and regulations of any codes and standards adopted in RMC 15.02.020 by code number or description, or a factual description of the circumstances upon which the alleged violations are based; and
3. Describe the dwelling, dwelling unit, rooming house, or rooming unit where the violations are alleged to exist or to have been committed; and
4. Specify a specific date for the correction of any violation alleged. For the purposes of this subsection, the calendar day immediately preceding the reinspection date, as listed on the complaint violation notice, shall serve as the date the violations alleged must be corrected by unless a shorter period of time is listed pursuant to RMC 15.48.060; and
5. Be served upon the owner, occupant, operator, any individual listed on the most recent applicable license(s) required to be maintained with the village of Riverdale for the subject property specifically including but not limited to the license required in RMC 15.48.110, registered agent, or agent of the dwelling, dwelling unit, rooming house or rooming unit:
a. Personally; or
b. By regular first class mail; or
c. By posting the notice in a conspicuous space in or about the subject property; or
d. By certified mail to the person to whom the tax bill for the general taxes on the property was sent to for the most current taxable year; or
e. By certified mail, return receipt requested, and if the notice is returned showing that the letter was not delivered, then by posting pursuant to subsection (A)(5)(c) of this section; or
f. By any method noted in 735 ILCS 5/2-101 et seq. or 65 ILCS 5/1-1-1 et seq.
B. Reinspection. The code official shall allow a reasonable period of time for the alleged violations to be corrected. For the purposes of this subsection, between twenty-one days and forty-five days are deemed a per se reasonable amount of time to correct an alleged violation. A violation cited under RMC 15.48.060 that has a period of time less than twenty-one days to correct an alleged violation is not per se unreasonable. At the end of the period of time allowed for the correction of any violation alleged, the code official shall reinspect the dwelling, dwelling unit, rooming unit, hotel or motel described in the notice.
C. Legal Proceedings. If upon reinspection the violations are determined by the code official not to have been corrected, the code official may initiate legal proceedings for:
1. Fines; and/or
2. The immediate correction of the alleged violations; and/or
3. The vacation of the dwelling, dwelling unit, rooming house, rooming unit, hotel, or motel within thirty days; and/or
4. Any other legal proceedings pursuant to this code or 65 ILCS 5/1-1-1 et seq.
The owner, occupant, or operator shall be jointly and severally responsible for all court costs and legal fees incurred in connection with the above-mentioned proceedings.
D. Time Limit to Vacate a Building or Unit. If a legal proceeding seeking the vacation of the dwelling unit, rooming house, rooming unit, hotel, or motel has been brought pursuant to subsection C of this section, and notification has been presented to the owner, occupant, operator, or agent that the dwelling, dwelling unit, rooming house, rooming unit, hotel, or motel is not properly licensed or that the license has been suspended or revoked, the owner, occupant, operator, or agent shall vacate the dwelling, dwelling unit, rooming house, rooming unit, hotel, or motel within thirty days of notification.
1. If said dwelling, dwelling unit, rooming house, rooming unit, hotel, or motel is not vacated within the thirty-day period, the owner, occupant, operator, or agent will be responsible for all penalties as set forth in RMC 15.48.050. Citations will be issued with a mandatory court appearance. Penalties imposed upon rental property owners who have initiated statutory eviction proceedings against tenant(s) pursuant to the crime-free housing program shall be waived so long as such eviction proceedings are pending and being actively pursued. This waiver does not relate to fines resulting from property maintenance violations.
2. Notification will be either personally delivered or mailed by certified mail, return receipt requested, to the owner, occupant, operator, or agent at the address as listed on the most recent license application. The following notice to the tenants and occupants will be posted:
a. You are hereby notified that the license for this structure has been revoked or the owner has failed to license this residential rental property pursuant to RMC 15.48.110.
b. You must vacate this structure within thirty (30) days of the date of this notice.
c. If you fail to vacate this structure, you will be in violation of this above referenced Ordinance and subject to penalties and fines with a minimum of $100.00 and a maximum of $750.00 for each day you are found to be in violation with a mandatory court appearance.
3. The owner, occupant, operator, or agent shall be responsible for all court costs and legal fees incurred in connection with the above-mentioned proceeding. (Ord. 2019-19 § 3, 2019; Ord. 2014-24 § 6, 2014; Ord. 85-11, 1985)
15.48.050 Penalties.
A. Any owner, occupant, operator, agent or person who fails to comply with any section of this chapter applicable to him, and continues in this failure after due notice and opportunity to correct, given pursuant to this chapter, upon conviction thereof, shall be subject to a fine of not less than one hundred dollars nor more than seven hundred fifty dollars for each day each section of this code is violated after expiration of the time for correction of the violations.
B. Nothing in this chapter shall prevent the village from taking any other legal or equitable remedies available to the village, including any emergency action permitted by law when any portion of the dwelling, dwelling unit, rooming house, rooming unit, hotel, or motel is a danger to persons or property.
C. If any owner, operator, or agent continues to operate a dwelling, dwelling unit, rooming house, rooming unit, hotel, or motel after failing to correct a violation of this chapter within the time frames designated in RMC 15.48.040 or after receiving notice of a suspension or revocation of an operating license, the code official shall follow the procedures set forth in RMC 15.48.040(C) and (D). (Ord. 2014-24 § 7, 2014; Ord. 2002-08 § 10, 2002; Ord. 85-11, 1985)
15.48.060 Emergencies.
A. Whenever in the judgment of the code official an emergency exists which requires immediate action to protect the public health, safety, or welfare, the code official may avail itself of the emergency measures provisions set forth in Section 109 of the International Property Maintenance Code, as adopted in RMC 15.02.020(E) and amended in RMC 15.02.031.
B. Appeal procedures will be the same as those set forth in Section 111 of the International Property Maintenance Code, as adopted in RMC 15.02.020(E) and amended in RMC 15.02.031. (Ord. 2014-24 § 8, 2014; Ord. 85-11, 1985)
15.48.070 Appellate procedures.
Any appeal of a code violation or an alleged violation shall be made to the administrative adjudication hearing officer pursuant to the procedures as set forth in Chapter 11.02 RMC. (Ord. 2014-24 § 9, 2014; Ord. 85-11, 1985)
15.48.080 Minimum standards for basic equipment and facilities.
Repealed by Ord. 2014-24. (Ord. 85-11, 1985)
15.48.090 Exterior lighting requirements.
A. The owner of every multiple-family dwelling, rooming house, motel, and hotel within the village is required to install, operate, and maintain exterior lighting at every entrance and/or exit of the building, pursuant to the regulations of this section.
B. Every exterior light fixture operated under this section shall use light emitting diode (LED) lightbulbs of no less than sixty watts. The light emitted by an exterior light fixture shall not exceed ten foot-candles. The lights must operate continuously during all evening hours, beginning thirty minutes before sunset and ending thirty minutes after sunrise.
C. Exterior light fixtures under this section will be mounted no higher than twelve feet above the flooring, deck, walkway, or other occupied area, or the highest grade point of the ground surface immediately adjacent to the light fixture. The height of the fixture shall be the vertical distance from the surface directly below the centerline of the fixture to the lowest direct light emitting part of the fixture.
D. All exterior lighting shall be provided by full cutoff fixtures that by design have a cutoff angle of not more than ninety degrees, properly installed to maintain the full cutoff angle of ninety degrees. Fixtures which are shielded by a structural element to meet the intent of a full cutoff fixture shall be considered to be in compliance. A full cutoff light fixture is one that is designed so that no light rays are directly emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. As a practical matter, the light source cannot be seen when viewed on a plane horizontal with the bottom of the shade or shield.
E. Nothing in this section prohibits property owners from installing additional lighting on a property, including ornamental lighting, provided there is no light trespass, which means light in excess of one-tenth of one foot-candle falling on the property of another or on the public right-of-way unless required to do so, measured at the property line at a height of three feet above finished grade.
F. All exterior lighting shall be installed in conformance with the provisions of this chapter, applicable electrical and energy codes, and applicable sections of the building code. In the event any requirement in this chapter conflicts with any other requirement, ordinance, regulation, restriction, or limitation, the more restrictive requirements, or the ones which impose the highest standard, shall control. (Ord. 2021-29 § 4, 2021)
15.48.100 General requirements relating to safe/sanitary maintenance of parts of dwellings (exterior and interior requirements).
No person shall occupy as owner, occupant, or let to another for occupancy any dwelling or dwelling unit for the purposes of living therein, which is not safe, clean and fit for human occupancy, or which does not comply with any and all provisions of the village code and any and all applicable federal, state, and local laws. (Ord. 2014-24 § 12, 2014; Ord. 85-11, 1985)
15.48.110 Licensing of multiple dwellings, rooming houses, motels and hotels.
A. License Required. No person shall operate a multiple dwelling, rooming house, motel or hotel, unless he holds a current unrevoked operating license issued by the village licensing officer, in his/her name for the specific named multiple dwelling, rooming house, motel or hotel.
B. Period of License. Every operating license shall be issued for a period of one year after its date of issuance unless sooner revoked, and may be renewed for successive periods not to exceed one year. The license year is for the period October 1st through September 30th.
C. Meeting Requirements. The village license officer is hereby authorized, upon application therefor, to issue new operating licenses, and renewals thereof, in the names of applicant owners or operators of multiple dwellings, rooming houses, motels or hotels. No such licenses shall be issued unless the multiple dwelling, rooming house, motel or hotel, in connection with which the license is sought, is found, after inspection by the housing inspector, to meet all applicable requirements of this code pertaining to health and fire prevention and applicable rules and regulations adopted pursuant thereto, and all laws of the state of Illinois regarding hotels, motels, and rooming houses.
D. Application Form. No operating license shall be issued or renewed unless the applicant owner or operator has first made application therefor on an application form provided by the village licensing officer. The licensing officer shall develop such forms and make them available to the public.
E. Inspection. No operating license shall be issued or renewed unless the applicant owner or operator agrees in his application such inspection pursuant to RMC 15.48.020 and 15.48.030 as the director of housing inspection may require to determine whether the multiple dwelling or rooming house in connection with which such license is sought is in compliance with the applicable provisions of this chapter and with applicable rules and regulations adopted pursuant thereto.
F. License Fee. No operating license shall be issued or renewed unless the complete application form is accompanied by payment of a license fee. The license fee for rental buildings with one or two rental units is fifty dollars. The license fee for rental buildings with three or more units shall be twenty dollars per unit. Provided, however, that for any license fee which is not paid by October 31st of said year, said license fee shall be two times the usual license fee.
G. Residency.
1. No operating license shall be issued or renewed for a nonresident applicant, unless such applicant designates in writing to the village licensing officer the name of a registered agent in the state of Illinois, county of Cook, for the receipt of service of notice of violation of the provisions of this chapter and for service of process pursuant to this chapter.
2. No operating license shall be issued or renewed for a resident applicant, unless such applicant has first designated a registered agent in the state of Illinois, county of Cook, for the receipt of service of violations of the provisions of this chapter, when said applicant is absent from the village of Riverdale for a period of thirty or more days. Such a designation shall be made in writing, and shall accompany each application form. The applicant may designate any person who is a registered agent in the state of Illinois, county of Cook.
H. Time of Application. No operating license shall be renewed unless application therefor has been made within sixty days prior to the expiration of the present operating license.
I. Display of License. Each license shall be displayed on or within one foot of the mailbox of the multiple dwelling or rooming house.
J. Transferability. No license shall be transferable to another person, or to another multiple dwelling or rooming house. Every person holding an operating license shall give notice in writing to the village licensing officer within two working days after having transferred or otherwise disposed of the legal control of any licensed multiple dwelling or rooming house. Such notice shall include the name and address of the person or persons succeeding to the ownership or control of such multiple dwelling or rooming house.
K. Record of Repairs and Changes. Every owner or operator of a licensed multiple dwelling, rooming house, motel or hotel shall keep or cause to be kept an accurate record of all repairs, alterations, and equipment changes related to the provisions of this chapter or to any rules and regulations pertaining thereto, and of all corrections made as a result of inspections by the housing inspector. Such record shall be made available to the director of housing inspection by the owner or operator when requested. Every owner or operator subject to this section shall be notified that such record may be used in administrative or judicial proceedings pursuant to the provisions of this chapter. The village licensing officer shall, upon issuance of a license as requested in subsection A of this section, advise the licensee of the necessity for such record and the manner in which such record shall be kept.
L. Notice of Violation. Whenever, upon inspection of the licensed multiple dwelling or rooming house, or of the records required to be kept by subsection K of this section, the director of housing inspection finds that conditions or practices exist which are in violation of the provisions of this chapter or of any applicable rules and regulations adopted pursuant thereto, he/she shall serve the owner or operator with notice of such violation in the manner hereinafter provided. Such notice shall state that unless the violations cited are corrected within a reasonable time period, the operating license may be suspended.
M. Reinspection and Suspension of License. At the end of the time he/she has allowed for correction on any violation cited, the housing inspector or his designee shall reinspect the multiple dwelling or rooming house, and if he/she determines that such conditions have not been corrected, he/she may issue an order suspending the operating license.
N. Appeal and Revocation of License. Any person whose license to operate a multiple dwelling or rooming house has been suspended shall be entitled to a reconsideration of the order by an administrative hearing with the director of housing inspection. If no request for reconsideration reaches the housing inspector within ten days following the issuance of the order of suspension, the license shall be revoked, except that prior to revocation any person whose license has been suspended may request reinspection, upon a showing that the violation or violations cited in the notice have been corrected.
O. Conviction. If the licensee is convicted by a court of a violation of any applicable ordinance of the village of Riverdale, in connection with the licensed building, then the license shall be subject to revocation without further notice.
P. Extremely Hazardous Conditions. In the event a condition of extreme hazard to health or safety is found to exist, the housing inspector may immediately revoke the license.
Q. Separate Violation. Each day a building continues to operate after a license has been revoked shall constitute a separate violation of this chapter subject to fine, as provided in RMC 15.48.050.
R. Fine. Any licensee violating any of the provisions of this chapter shall be subject to a fine as provided in RMC 15.48.050.
S. Reinstatement of License. If, upon reinspection, the housing inspector finds that the multiple dwelling or rooming house in connection with which the notice was issued is now in compliance with this chapter and with applicable rules and regulations issued pursuant thereto, he shall reinstate the license.
T. Suspension, Revocation, and Refusal to Grant, Renew or Amend Any Operating License.
1. No initial or renewal operating license shall be issued to any license applicant if (a) such applicant, or a controlling person or affiliate of applicant, has any outstanding fees, fines, assessments, penalties or taxes owed to the village for which the period granted for payment has expired; or (b) if the applicant, or controlling person or affiliate, owns, or has a beneficial interest in, the property upon which the licensed activity occurs or is proposed to occur, there exist past due and/or delinquent real estate taxes for such property, unless the property is exempt from taxation as provided under 35 ILCS 200/23-5. No amendment to any operating license shall be approved until all such outstanding debts or property taxes have been paid.
a. As used herein, the term “controlling person” shall mean five percent or more of the combined voting power or fair market value of all stock, partnership interests or other ownership interests in the applicant or the right to receive at any time the distribution of ten percent or more of the income or profits of the applicant.
b. As used herein, the term “affiliate” shall mean any person or entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the applicant.
2. In the event that the applicant or controlling person, if applicable, incurs a fine, fee, assessment, penalty or tax, for which the period granted for payment has expired, while holding a validly issued village operating license, said license may be suspended or revoked by the village. (Ord. 2019-19 § 4, 2019; Ord. 2015-27 § 3, 2015; Ord. 2014-24 § 13, 2014; Ord. 2007-16 § 2, 2007; Ord. 2007-13 § 2, 2007; Ord. 2002-08 § 11, 2002; Ord. 94-9, 1994; Ord. 91-19, 1991; Ord. 85-11, 1985)
15.48.120 Maximum density, minimum space, use and location requirements.
Repealed by Ord. 2014-24. (Ord. 85-11, 1985)
15.48.130 Rooming units.
Repealed by Ord. 2014-24. (Ord. 85-11, 1985)
15.48.140 Responsibilities of owners and occupants.
A. Fitness. No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the state of Illinois and the village of Riverdale.
B. Public Area. Every owner or operator of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public area of the dwelling and premises thereof.
C. Private Area. Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls.
D. Stored Materials – Dwelling or Dwelling Unit. No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rat harborage in or about any dwelling or dwelling unit. Stored materials shall be stacked neatly in piles elevated at least six inches above the ground or floor.
E. Stored Materials – Multiple Dwelling Units. No owner or operator of a dwelling containing three or more dwelling units shall accumulate or permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials in such a manner that may provide a rat harborage in or about the shared or public areas of a dwelling or its premises. Materials stored by the owner or operator or permitted to be stored by the owner or operator shall be stacked neatly in piles elevated at least eighteen inches above the ground floor.
F. Transfer of Cited Property. It is unlawful for the owner or operator of any dwelling unit who has received compliance orders or upon whom a notice of violation has been served, to sell, transfer, mortgage, lease or otherwise dispose of to another party the so cited property until the provisions of the compliance order or notice of violation have been complied with, or until such owner or operator shall first furnish to the grantee, mortgagor or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagor, or lessee acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
G. Parking Lot Maintenance. All driveways and parking spaces for multifamily dwellings or lots containing two or more dwelling units shall be kept free of snow, ice, mud, or other debris at all times to lessen or avoid congestion on the public streets. All off-street parking areas shall be kept in condition as per the standards of the Riverdale Municipal Code. Snow removed from an off-street parking lot(s) shall not be piled on the public right-of-way.
H. Owner/Manager Information. The public area closest to the main entrance of each multiple dwelling, rooming house, motel, or hotel shall display the name and phone number of the property manager for that building. If there is no person designated as property manager, the building owner’s or operator’s name and phone number shall be displayed. The phone number displayed must be operational and reasonably likely to reach the property manager or owner in the event of an emergency. If there is no public area, or the public area is not accessible without a key or security code, this information must be publicly displayed immediately outside the main entrance to the building. The information must be accurate and must be secured to the building on an aluminum plate measuring at least thirteen inches by eight and one-half inches, or as otherwise determined by the fire chief to reasonably facilitate the intent of this section. (Ord. 2022-01 § 4, 2022; Ord. 2021-23 § 4, 2021; Ord. 2014-24 § 16, 2014; Ord. 85-11, 1985)
15.48.150 Conflict.
A. Whenever a provision of this chapter is found to be in conflict with a provision of any other chapter of this code, existing on the effective date of this chapter, the chapter which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
B. If any section, subsection, paragraph, sentence, clause or phrase of this chapter should be declared invalid, such decisions shall not affect the remaining portions of this chapter, which shall remain in full force and effect; and to this end the provisions of this chapter are hereby declared to be severable.
C. This chapter shall be in full force and effect. Any existing dwelling, or part thereof, not complying with the provisions of this chapter shall be brought into compliance by the owner, operator or agent prior to the start of the next licensing period or prior to any new rental inspections or transfers of the dwelling, whichever shall occur first. (Ord. 2014-24 § 17, 2014; Ord. 85-11, 1985)
15.48.160 Crime-free housing program.
A. Phase I.
1. Any owner of a dwelling unit, which is being rented out for residential purposes, shall attend and complete a village of Riverdale crime-free housing seminar once every three years. The owner or his agent shall attend the seminar prior to obtaining or being issued an operating license.
2. In the event a crime-free housing seminar is not available prior to obtaining the operating license, a conditional license may be issued subject to the owner or agent attending the next available seminar. In the event that the next available seminar is not attended, the conditional license shall be void. After the crime-free housing seminar is attended and all other licensing requirements are met, the operating license shall be issued.
3. A property manager shall be considered an agent of the owner. If a new property manager is hired, the new property manager shall attend the next available crime-free housing seminar after hiring. Failure to attend the next available seminar shall result in a fine of not less than one hundred dollars nor more than seven hundred fifty dollars. Failure to attend the second available seminar will result in suspension and/or revocation of the operating license.
4. Every renter of a residential dwelling unit shall attend and complete a village of Riverdale crime-free housing seminar. All renters who are renters on December l, 2021, shall attend the crime-free housing seminar no later than ninety days after his or her next lease renewal date. All renters who enter into an initial lease after December 1, 2021, shall attend the crime-free housing seminar no later than ninety days after his or her original lease commencement date. A “renter” for purposes of this section is any individual who is a party to a lease of any residential dwelling unit or property located in the village of Riverdale.
5. Any owner, agent, or renter may be required to reattend the required seminar by order of the chief of police. The chief of police, in determining whether or not to have the owner, agent, or renter reattend the seminar, shall consider the following:
a. If the dwelling unit rented by the owner is close to becoming a nuisance residential rental property as defined by RMC 15.48.170; or
b. Criminal activity is occurring on the premises and the owner or agent has failed to initiate eviction proceedings.
c. The owner, agent, or renter did not complete or participate in the seminar as determined by the chief of police or pass any test required by the seminar.
6. Any seminar required by this section may be held remotely or in person at the discretion of the village. The village clerk or chief of police may establish reasonable rules and regulations to effectuate the intent of this section.
7. The community support officer, as designated by the chief of police, shall provide the village clerk with a list of owners, agents, and renters who have attended the required seminar, along with the date of attendance and verification that the owner, agent, or renter has complied with this section and that the owner or agent is eligible to obtain, maintain or renew the operating license.
8. Any owner or agent of a dwelling unit, which is being rented out for residential purposes, is required to utilize the most current village-approved crime-free lease addendum or have a clause in the lease similar to the most current crime-free lease addendum for any lease executed or renewed after the effective date of the ordinance codified in this chapter. A dwelling unit shall be considered a rental unit if the dwelling is not owner-occupied. The community support officer shall provide, at no cost, the crime-free lease addendum and shall review any clauses within actual leases with the village attorney to determine if the clause is similar to the crime-free lease addendum. The purpose of the clause is to make criminal activity on or near the property (not limited to violent criminal activity or drug-related criminal activity engaged by, facilitated by or permitted by the renter, member of the household, guest or other party under the control of the renter), and failure by the renter to attend and complete or reattend and complete a village of Riverdale crime-free housing seminar, a lease violation. The owner or agent shall have the authority under that clause to initiate an eviction proceeding as specified in the Illinois Compiled Statutes forcible entry and detainer statutes. Proof of violation in the forcible entry and detainer statutes shall be by a preponderance of the evidence. In addition to utilizing the crime-free lease addendum, any owner or agent of a dwelling unit, which is being rented out for residential purposes, is also required to perform a criminal background check on all potential tenants and to provide proof of said background check to the village clerk within ten days of execution of lease to new rental unit.
If an owner or agent of a dwelling unit which is being rented out for residential purposes fails to initiate eviction proceedings in accordance with the procedures set forth in the Illinois Forcible Entry and Detainer Act within thirty days of becoming aware of a violation of the crime-free lease addendum by a tenant, the owner or agent shall be subject to a fine of one thousand dollars and the operating license shall be suspended by the village clerk. An owner, agent, or tenant may make a request for reconsideration of the order suspending the operating license by an administrative hearing pursuant to the procedures as set forth in Chapter 11.02 RMC.
9. The village clerk may suspend and/or recommend revocation of any operating license issued hereunder if it appears to his satisfaction from the report of the code official making an inspection, or from any other available information, that the licensee is violating any law or ordinance, is in violation of the nuisance section of this code, or is operating in a manner not conducive to the public health, morals or safety. Any suspension of an operating license may be appealed directly to the administrative adjudication hearing officer within ten days of the issuance of the order suspending the license by the village clerk.
10. Violations of the Crime-Free Housing Program.
a. Failure to Attend the Crime-Free Housing Seminar. Any owner, operator, or agent of a dwelling unit, which is being rented out for residential purposes, that fails to complete the first available crime-free housing seminar shall be found liable of violating this chapter and shall be fined five hundred dollars. If the owner, operator, or agent fails to complete the next available crime-free housing seminar, the owner, operator, or agent shall be fined seven hundred fifty dollars.
b. Failure to Provide Required Background Checks and Crime-Free Lease Addendums. Any owner, operator, or agent that fails to provide a signed copy of the crime-free lease addendum required by this section to the village clerk within five days of executing a lease or renewal and/or fails to perform a criminal background check on a potential tenant shall be found liable of violating this chapter and shall be fined two hundred fifty dollars per rental unit not in compliance with subsection (A)(8) of this section. If the owner, operator, or agent fails to perform the required background check or provide the signed crime-free lease addendum to the village clerk within thirty days of the first offense, the owner, operator, or agent shall be fined five hundred dollars per rental unit not in compliance with subsection (A)(8) of this section.
c. In the event that the owner or agent fails to reattend the next available crime-free housing seminar when required under subsection (A)(5) of this section, the owner or agent shall be subject to a fine of not less than one hundred dollars nor more than seven hundred fifty dollars and/or the operating license shall be revoked.
d. Failure of Renter to Attend the Crime-Free Housing Seminar. Any renter who fails to complete the crime-free housing seminar within the time allowed under subsection (A)(4) of this section shall be found liable of violating this chapter and shall be fined an amount not to exceed five hundred dollars for the first violation. If the renter fails to complete a crime-free housing seminar within ninety days of the first violation, or any subsequent violation, then the renter shall be fined an additional amount not to exceed seven hundred fifty dollars for each violation.
e. In the event the renter fails to re-attend a crime-free housing seminar when required under subsection (A)(5) of this section, the renter shall be subject to a fine of not less than one hundred dollars nor more than seven hundred fifty dollars.
B. Phase II.
1. All owners or agents of a dwelling unit, which is being rented out for residential purposes, are required to complete Phase II of the crime-free housing program as outlined in the crime-free housing program manual. Phase II is the Crime Prevention Through Environmental Design (C.P.T.E.D.). Inspections for Phase II shall be conducted by the community support officer(s) or the code official, and these inspections will be performed during the annual or reoccupancy inspections. The owner, operator, or property manager must be present at the time of the inspection.
2. Each dwelling unit, which is being rented out for residential purposes, shall comply with the following C.P.T.E.D. requirements:
a. Doors require a single cylinder dead bolt with a minimum two-inch throw;
b. All exterior doors shall be solid core or metal, including apartment doors;
c. An entry door must have an eye viewer if no adjacent window exists next to the entry door;
d. A striker plate shall have a minimum of two three-inch screws going through structure components, door jambs, and trim shall be undamaged and secured;
e. Sliding doors and all windows shall have the original manufacturing locking device, in addition to a secondary lock to prevent lifting or sliding;
f. Landscaping shall be maintained as to not impair the view of pedestrians using any sidewalk, driveway, gate, door, reception area, parking lot, or mailbox area;
g. Repealed by Ord. 2016-38;
h. Building illumination shall be required for the following locations:
i. All entry ways to the building;
ii. Covered parking areas and uncovered parking lots;
iii. Mailbox areas;
iv. Breezeways and covered walkways;
v. Stairways;
vi. All other common areas. (Ord. 2021-30 § 4, 2021; Ord. 2016-38 §§ 24, 25, 2016; Ord. 2016-08 § 3, 2016; Ord. 2014-24 § 18, 2014)
15.48.170 Nuisance residential rental property.
It is hereby declared a nuisance and to be declared against the health, peace and comfort of the village for any property owner, agent or manager to allow or permit the following:
A. Rental of a dwelling unit or residential building within an apartment community or governed by a homeowners’ association to a tenant who allows any of the following offenses to occur on or near the rental unit, common areas or appurtenances related to the tenant, member of the tenant’s household, guest or other parties under control of the tenant: murder, kidnapping, aggravated kidnapping, sexual assault, robbery, burglary, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale or distribution of obscene publications, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substance Act, violation of the Cannabis Control Act or commission of any two or more of any other crimes under state or federal law not specifically listed above.
B. Rental of a dwelling unit or residential building within an apartment community or governed by a homeowners’ association to a tenant who allows any of the following offenses to occur on or near the rental unit, common areas or appurtenances relating to the tenant, member of the tenant’s household, guest or other party under control of the tenant: commission of four or more village ordinance violations in a six-month period or an unreasonably high number of calls for police service including, but not limited to, calls that may fall within the descriptions listed above that when compared to other properties in the village of similar type, reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of those in the area.
For the purpose of this subsection, it shall be sufficient evidence that a described offense occurred if the offender has been arrested or cited for one or more of the offenses described above.
C. Failure to pay property taxes and other fees owed the village. (Ord. 2019-19 § 5, 2019; Ord. 2014-24 § 18, 2014)