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2016-10-17 - Ordinance 2016-047 - AMENDING CHAPTER 15.36, RESIDENTIAL RENTAL HOUSING PROGRAM, OF MUNICIPAL CODE Underlined = addition Strikeou =deletion 09/29/2016 #675405 ORDINANCE NO. 2016- 047 AN ORDINANCE AMENDING CHAPTER 15.36, RESIDENTIAL RENTAL HOUSING PROGRAM, OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recital is hereby adopted and incorporated into and made a part oft is Ordinance as if fully set forth herein. Section 2. Section 15.36.060, Inspection requirements-license issuance or denial, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 15.36.060 Inspection requirements -Temporary eert-fie nte license issuance or denial. A. Upon submission of a completed application for a license or license renewal for any one or two fami I y.rental residential property and the payment of all required fees, an inspection of the otic-o-r--two-Carnily rental residential property shall be scheduled and must be Derformed within the first three_ .(3 onthsquarter-oft he license year, or partial l'iccns'e_ycar.-. B. Upoii reeei.' a completed applieatiaii for-a heense or- heense fenel' A I filr a!iy rental resid . . 'I nd the paymeent of---111 requir-ed f�es-thee Con—dia Offi4ak4&4 i.&sue a teiznpof!ar-y eeftifieateindiealing that a heense-ka-beend-11), applied foF,--awJ4k-,a complianee witit applieable Village eodes. A temporary eef4ifieate, as is5ued, sliall a U91 ori ze 60atiffued--occupatley 0 f Ih I resii dend a! PF-OP Ssuanee Of denial of the applied for kieense. The temperafy eei4ifieate shall bevalid until the se7he4ul-ed--Elate .and fellowig te lieensing inspeetion tintil a the date of r-eiaspe tion issued b the Code Offieial+ 1 B, Lekblaucompleted-. Upon submission of a completed application for a license or license renewal for anv multifamily rental residential property and the payment of all required fees, an inseection, of the multifamily rental residential property shall be scheduled and L I L 11 L L 1,-M-'Vk-`MCd w;thin t he current license yoar,._or year. -_partj�,] license C. A licensing inspection of rental residential property shall include the premises and, in the case of multi-family rental residential property, a percentage oft e individual dwelling units with a minimum of at least one dwelling unit. The Code Official or designee shall determine is dwelling units are to be inspected. D. When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the Cod,e-01-4 ici a1V i I I ag2e inspector. In establishing a compliance time frame, the C(ide-Otfic-idlVillage Hispector shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The Code 0 FficiFal-Village inspectors all provide notice by personal to theproperty owner or-the-ksted pro pert-y--agei-it by re-Li i-a r tj;S;-111 all-at-t-he-la-it-a-dd ress-prov ided on the most recent-11 U1111-Se application a copy qf the written inspe tion report. Such notice inspectiozi rep x)rt shall be ------ — left at the Droucrtv with the owner. agent or tenant who was present for the inspection and shall include the following: 1. A dDescription of the property sufficient for identification-, 2. A statemen The insixecti,on report listing the violations of applicable codes; 3. A-statement ufT e inspection rep -_h -ort indi-cati-n the date upon which the licensing reinspection will occur; and 4. An explanation that if upon completion oft e licensing reinspection the requirements of applicable Village codes have not been met, then ki writ-tell-denial o Rhe4i eense and a revocat]on of-the teen-po rary certificate-in ay -be+"TC-Iledthc license may be denied or revoked. E. A licensing reinspection shall be conducted at the end oft e compliance time frame. Upon completion oft e licensing reinspection of the rental residential property, the Code Official shall, 1. Approve the license if the rental residential property meets the requirements of applicable Village codes, or 2 2. Approve a conditional license if the property cannot be fully licensed due to special circumstances, or 3. Issue a written denial oft e license and-revoke the teMpofa+-y--e-eF4fwiite if the requirements of Village codes have not been met. The written denial shall specify the defect(s) that remain and shall be transmitted by regular U.S. mail to the applicant. A conditional license may be issued f o r a to not exceeding six months t o t hose rental properties which cannot be fully licensed due to special circumstances, (e.g. weather conditions, unavailability of required materials or services, or other circumstances approved by the Code Official). Any property which has not met the requirements of the applicable Village codes by the end of the conditional licensing to shall be considered unlicensed. F. All additional inspections made necessary because of cited violations not being corrected at the time of the initial license reins pection shall be subject to a fee of fifty dollars per inspection, except that a single additional reinspection will be conducted a the end oft e conditional license to without added fees forte purpose of determining compliance. The conditional license and the full rental residential license shall not be issued and the property shall not be considered property licensed until all reinspection fees are paid. G. Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact. Section 3. Section 15.36.080, Violations, of the Buffalo Grove Municipal Code is hereby amended to read as follows: 15.36.080 - Violations. The following shall constitute violations oft is Chapter: A. Failure of the owner or owners of the rental residential property to license such property with the Village; B. Failure of the occupants of the rental residential property to vacate such property within sixty days after receiving notice from the Code Official that such property is not properly licensed or that the N -of4empor-ary eer-tifleate has been-f v-&k-ed, C. Failure oft e owner or owners oft e rental property to vacate all tenants from such property within sixty days after the license V temporary certifieate has been revoked; 3 D Failure oft e owner or owners of the rental property to maintain the structure and premises in compliance with applicable building, property maintenance and zoning ordinances, E. Any person other than one authorized by the Code Official who removes or defaces any notices which have been posted pursuant to this Chapter shall be liable for the penalties provided for by this Chapter. Section4. Subsections J. and J.I. of Section 15.3 6.090, License-Suspension and revocation, of the Buffalo Grove Municipal Code are hereby amended to read as follows 15.36.090 - License uspension and revocation. I. Whenever a4ei"or-ai-+-c-eFt i ficate or a license is revoked, the Code Official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Such notice shall be sent by certified mail, return receipt requested. The Code Official shall also notify all tenants oft e rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following: 1. You are hereby notified that the tej!nporat-y eeF4fi6a4"!F license for this structure has been revoked pursuant to Chapter 15.36 of the Buffalo Grove Municipal Code. Section 5. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision oft is Ordinance. Section 6. Any person violating any portion of this Ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 7. This Ordinance shall be in full force and effect from and after its passage, approval and publication. This Ordinance may be published in pamphlet fon-n. AYES: 6 — Berman, Trilling, Stein. Ottenheirner, Weidenfeld, Johnson NAYES: 0- None ABSENT: 0 - None PASSED: October 17, 2016. APPROVED: October 17, 2016. 4 APPROVED: - --'^ Beverly Sussi-Wan, Village President ATTEST- Janet N4--girabian, Village Clerk