ORDINANCE
10-O- 75
AN ORDINANCE OF THE CITY OF WAUKEGAN, ILLINOIS, MAKING AMENDMENTS TO THE GENERAL BUSINESS LICENSE, REGARDING RESIDENTIAL RENTAL PROPERTIES
WHEREAS, the City of Waukegan is a home-rule unit of the State of Illinois, and as such has those powers pursuant to the Constitution of the State of Illinois which are not specifically reserved to the State itself; and
WHEREAS, the City has since 2001 had in effect a program for the licensing and inspection of residential rental properties in the City, which such program has changed from time to time through various amending ordinances, based on the City’s experience in implementation of the program, and
WHEREAS, it is necessary once again to amend this Section of Chapter 14 of the Code of Ordinances of the City of Waukegan to further refine and enhance the City’s program of licensing and inspection of residential rental properties.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Waukegan, as follows:
Section 1: Chapter 14 of the City Code of the City of Waukegan is hereby amended by substituting the following language in those sections where indicated:
(retain existing language in Secs. 14-1 through 14-4(c))
(d)
(1)
a. All rental residential property except those units occupied by the owner shall be subject to inspection, in accordance with this section, for compliance with all applicable codes. Initial and subsequent annual licensing inspections shall include the building exterior, common areas, basement, and not less than 33 1/3 percent of the individual dwelling units. All units within the structure shall be inspected every three years. At the special request of the owner 100 percent of the units may be inspected in the first year if such a schedule is able to be accommodated by the city. If such a request is made and 100 percent of the units are inspected satisfactorily in the first year, the property shall not be subject to inspection for the following two years. This section applies only to residential rental buildings/complexes of less than 50 units.
b. Single-family and two-family residential rental properties shall be fully inspected as follows: After two consecutive years of satisfactory inspection passage, such single-family and two-family properties shall be entitled to a one-year inspection waiver, after which waiver year these single-family and two-family properties shall be subject to complete inspection every other year, provided that they satisfactorily pass inspection. If they do not satisfactorily pass inspection they shall not be entitled to a waiver year.
c. If after each of three consecutive annual inspections a residential rental property of less than 50 units has been inspected satisfactorily, that property shall be given an inspection waiver for a period of two years. Following the two-year waiver period, the property shall be subject to annual inspection for three consecutive years, and so on as above.
d. Satisfactory passage of an annual inspection is achieved when the property has an initial inspection with only one follow-up, all fees are paid, and all checklist items are in full compliance by the single follow-up inspection. If there are any no-shows, unpaid fees, or additional follow-up inspections, satisfactory inspection passage is not achieved, and the property shall begin again at the next annual term for a possible consecutive inspection and waiver cycle. Buildings or complexes of 50 or more units shall not be eligible for inspection waivers. The inspection fee for all properties, to be paid annually at the time of filing the license application, shall be as provided in Section 14-1101.
(retain existing sub-section (2) here)
(3) Licensing inspections of residential rental properties shall include a physical inspection of the residential rental property including the building exterior, common areas, basement, and the interior of each residential unit to be inspected. Inspections for purposes of this ordinance shall be limited to the following code sections (identified as follows: PM = BOCA Property Maintenance Code, 1996 and ordinance adopting same 96-O-153; LSC = Life Safety Code, 2000; WEC = Waukegan Electrical Code, Ord. 03-O-056; BOCA NBC= BOCA National Building Code, 1996 and ordinance adopting same 99-O-34; NFPA= National Fire Prevention Association Standards):
(retain checklist of code sections as set forth in existing provisions)
(4) When a licensing inspection of a residential rental property reveals any violations of applicable codes, a compliance period will be set by the code official, based on the minimum reasonable amount of time necessary to correct all violations given their number and severity. This period shall typically be 30 days. In the event an extension is necessary due to unforeseen circumstances, the inspector may grant an additional period for compliance as needed. Exterior items such as painting, hard-surfacing or cement work on chimneys or foundations may be postponed until weather conditions will permit their completion.
(5) A licensing reinspection will be conducted at the end of the compliance period. If the reinspection reveals that outstanding code violations remain, the applicant will be charged a re-inspection fee as provided in section 14-1101 for each noncompliant unit to be reinspected. The code official shall set another compliance date for remediation of all remaining code violations. The license shall remain in effect during this reinspection time period. If at the time of the reinspection the code official finds that the requirements of all applicable city codes have not been met, or that any information provided in the license application is false, the license shall be suspended and revocation proceedings shall commence in accordance with this chapter. Each additional reinspection required due to noncompliance shall be charged a re-inspection fee as provided in section 14-1101 for each noncompliant unit to be reinspected.
(6) Failure of the responsible party to be present at the time of the scheduled inspection ("no-show"), unless the owner has called the city no less than 48 hours before the scheduled inspection time, will result in the imposition of a $50.00 no-show fee. Two consecutive no-shows or failure to contact the city within 7 days to reschedule inspection after the first no-show shall result in license suspension, as provided in subsection (d)(5) above.
Sec.
14-5. License Upon Full Compliance.
A residential rental property which is in compliance at the time of the licensing inspection shall receive a license with no additional inspections. Reinspection periods, suspension periods or revocation periods shall not alter the original annual inspection date of the property. The property will become due for an inspection under the terms of this ordinance during the same month annually as the original inspection month. All license and inspection fees will be billed by the City on a calendar year basis regardless of the month the residential rental property is scheduled for inspection.
Sec. 14-6. Renewal Licenses; Suspension and Revocation for Non-payment.
(a) Existing licenses in good standing are able to be renewed annually. Prior to the expiration of each license on its annual renewal date, the applicant shall submit an application for license renewal, which shall include all the information required in section 14-2 above, or a statement indicating that such information is still current. At the time of submittal of the renewal application and fee, the property shall be scheduled for inspection. One-half of those units which were not inspected in the initial year shall be inspected in the second year. The units to be inspected in the second year shall be designated by the owner, and the provisions of subsection 14-4(d) with regard to scheduling inspection and re-inspection, shall apply. In the third year, the remaining units which have not been inspected in previous years shall be subject to inspection, again in accordance with the provisions of subsection 14-4(d). Renewal license fees shall be paid at the time of the renewal application, in the same amounts as the initial license fee. Renewal fees remaining unpaid 45 days after the filing of the renewal application shall be considered delinquent, and the existing license shall be suspended until such time as a renewal application is made and the fee, is paid. The city shall send notice of the suspension to the licensee by certified mail, return receipt requested. The license suspension for nonpayment of fees shall be effective as of the date of the postmark on the notice. Any such suspension shall only remain in effect for 20 days following the date of suspension, at which time if the renewal application, renewal fee and late fee are not received by the office of the city collector, the license shall be revoked. Such revocation shall be automatic, and shall not be subject to the hearing process set out in sections 14-11 and 14-12 below. Individuals or companies whose licenses are revoked for nonpayment of fees and penalties shall be so notified by the license official, and shall immediately cease operating under the revoked license.
(retain sub-section (b) as in existing ordinance)
(retain all intervening sections as in existing ordinance)
Sec. 14-12. Same--Procedure.
(retain sub-sections (a)-(d) as in existing ordinance)
(e) A license may be revoked when an appeal has not been filed within 20 days following the issuance of an order of suspension, or if the suspension is sustained after an appeal. A license may also be revoked when in the opinion of the code official emergency conditions exist in a residential rental property that require the immediate vacating of a structure as specified in the Waukegan Property Maintenance and Housing Code.
(retain subsection (f) as in existing ordinance)
(g) Whenever a license is revoked, following a hearing or 20 days after suspension where no hearing was requested, the code official shall send notice to the licensee at the address provided on the most recent license application on file with the city. Said notice shall be sent by certified mail, return receipt requested. In the case of revocation of a license for residential rental property the code official shall also notify all tenants and occupants of the property by posting a notice on all entrances of the residential rental structure. The notice to be posted shall contain the following language:
"You are hereby notified that the license for this building has been revoked pursuant to the ordinances of the City of Waukegan. You must vacate this building within sixty (60) days of the date of this notice. If you fail to vacate this building you will be in violation of the ordinances of the City of Waukegan, and could also be subject to fines not to exceed $750.00 per day of violation."
(h) Whenever an owner or property agent of a residential rental property fails to license said property with the city, the code official shall notify all tenants or occupants of the residential rental property by posting a notice on all entrances to the residential rental property. The notice to be posted shall contain the following language:
"You are hereby notified that the owner or agent for this building has failed to obtain a license for this residential rental property as required by the ordinances of the City of Waukegan. You must vacate this building within sixty (60) days of the date of this notice. If you fail to vacate this building you will be in violation of the ordinances of the City of Waukegan, and could also be subject to fines not to exceed $750.00 per day of violation."
Section 2. Existing Section 14-1101 is hereby amended as follows:
Sec. 14-1101 Fee schedule:
(retain table as in existing ordinance except for the following line:)
Rental units (11-100 units) 14-4(b) 300.00
Section 3. All other portions of Chapter 14 that are not changed or amended by this Ordinance shall remain in full force and effect.
Section 4. All other ordinances or parts of ordinances in conflict with this ordinance are also hereby repealed, to the extent of such conflict.
Section 5. This ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law.
________________________________________
MAYOR ROBERT G. SABONJIAN
ATTEST:
______________________________________
WAYNE MOTLEY, City Clerk
Presented and read at a regular meeting of the Waukegan City Council on the ___4th______ day of ____October________________, 2010.
Passed and approved at a regular meeting of the Waukegan City Council on the _4th______day of ___October________________, 2010.