2020-11-02 - Ordinance 2020-089 - AMENDING CHAPTER 15.36 RESIDENTIAL RENTAL HOUSING PROGRAM Underlined=addition
S+F'l(ethFe gJ —deletion
October 27, 2020
ORDINANCE NO. 2020-89
AN ORDINANCE AMENDING CHAPTER 15.36 RESIDENTIAL RENTAL HOUSING PROGRAM
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.Section 15.36 of the Village of Buffalo Grove Municipal Code is hereby amended as follows:
15.36.010-Purpose.
The purpose of this Chapter is to provide for the licensing and inspection of rental residential
property so as to protect the public health,safety, and welfare of the people of the Village including:
A. To protect the public health and safety by insuring rental units comply with minimum housing
standards of Village ordinances;
B. To protect the character and stability of residential areas;
C. To correct and prevent housing conditions that adversely affect or are likely to adversely affect
the life,safety,general welfare and health, including the physical, mental and social wellbeing of
persons occupying dwellings;
D. To prevent the overcrowding of dwellings by requiring compliance with minimum space standards
per occupant for each dwelling unit;
E. To facilitate the enforcement of minimum standards for the maintenance of existing residential
building and thus to prevent slums and blight;
F. To preserve the value of land and building throughout the Village.
15.36.020-Provisions of inspection rights and penalties.
This Chapter shall not be construed as to obligate or restrict the right of this Village to inspect any
property nor to seek penalties for violations of other provisions of this Code.
15.36.030-Definitions.
A. "Code Official" means the Building Commissioner of the Village or designee.
B. "Conditional license" means a limited approval of the premises for a period of up to six months when
a property cannot fully comply with all the applicable requirements of the Village of Buffalo Grove due
to special circumstances (e.g. weather conditions, unavailability of required materials or services, or
other circumstances approved by the Code Official).
C. "Member of the owner's family" means an individual related by blood, adoption or marriage.
D. "Owner"shall include, but not by way of limitation, a beneficiary of a trust.
E. "Premises" means a lot, plot or parcel of land including the interior and exterior of any structures
thereon.
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F. "Property agent" means a person, operator, firm, partnership, corporation, or other legal entity
designated in writing by the property owner to the Code Official to manage a rental residential
property including the authority to receive notices or citations.
G. "Rental residential property" means residential structures or individually titled dwelling units let or
intended to be let for rent or lease including single-family detached structures.
H. "Tenant" means an occupant of rental residential property.
I. Words or phrases as used in this Chapter and not defined in this section shall be defined as provided
by the Village of Buffalo Grove's Property Maintenance Code and building codes.
15.36.040-License required.
A. It is unlawful for any person,firm, partnership, corporation, or other legal entity to operate, maintain
or offer to rent within the Village of Buffalo Grove a rental residential property whether vacant or not
without first obtaining a license or a teFnpeFaFy ceFtificate conditional license as provided in this
Chapter.
B. It is unlawful for a person to occupy a rental residential property, or for any owner or property agent
to allow anyone to occupy a rental residential property which is not licensed or which is without a
te.,.,.,^ ary eeFtifleate conditional license as provided in this Chapter.
C. It is unlawful for any person,firm, partnership, corporation,or other legal entity to efferfef rent or to
occupy any vacant dwelling unit or any dwelling unit that becomes vacant in a rental residential
property for which a license is under suspension.
D. It is unlawful for any person, firm, partnership, corporation,or other legal entity to rent any bedroom
or portion of a dwelling unit.
DE. This Chapter shall not apply to the following structures:
1. Owner-occupied residential dwelling units;
2. Residential dwelling units occupied by a member of the owner's family;
3. Residential buildings or dwelling units which are vacant and which are not intended to be let for
rent;
4. Hotels, motels,and other structures which rent rooms to occupants which are primarily transient
or extended stay in nature;
5. Dwellings, buildings, structures and uses owned by other governmental agencies and public
housing authorities;
6. Nursing homes and convalescent care facilities.
€F. A license or a tempeFapt eekifieate conditional license for a rental residential property cannot be
transferred to another residential property nor a succeeding owner.
15.36.050- License application and requirements.
A. Each applicant for a license to maintain a residential property for the purpose of renting it to others
shall file a written application with the Code Official stating:
1. The full legal name,address, and home and work telephone numbers of each and every owner;
2. If the residential property is held in trust,state the name, address,work phone of the trustee and
each beneficial interest holder;
3. The address of the rental residential property;
4. The number of dwelling units within the rental residential property;
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5. The name, address, and phone number of aRy maRagement company a local agent and
management company, if applicable, retained as property agent for the property and the name,
address, and phone number of the person specifically assigned to the rental residential property;
6. The name, address, and twenty-four-hour phone number or numbers of a responsible person
who, in emergency situations, will be available on a twenty-four-hour basis and who has the
authority to make repairs as needed.
B. Whenever there is a change in ownership of a rental residential property or the owner's property
agent,the owners shall with thirty days of such changes,file an updated written notice with the Code
Official indicating such changes.
C. Each application for a new license or a renewal of any existing license shall be accompanied by an
annual fee as set forth in Chapter 1.16 of this Code.
D. A license period shall commence on January 15S of a given year and shall terminate on December 3151
of that year.
E. All license fees shall be due payable upon submission of the license application or renewal forms. If
the annual registration fee is not paid bylanuary 15ta late fee shall be charged.The late fee will doubled
if the fee is not paid by February 11 the fee `hall be doubled d except the annual fee f^F the
applieatien shall be doubled but enly if as a Fes-It Af enfereing a Y-elatien of this Chapt
F.
G.F No structural, mechanical, electrical, or plumbing alterations or repairs, or any remodeling shall be
made to the units in a licensed property unless all zoning and building code requirements have been
met and applicable building permits obtained and inspections approved.
#.G. A copy of the record of tenant names required under Section 15.36.100(A) shall be kept on file by
the property owner and/or property agent and made available upon request to the Code Official or
designee.
15.36.060-Inspection requirements—License issuance or denial.
A. Upon submission of a completed application for a license or license renewal for any one-or two-family
rental residential property and the payment of all required fees, an inspection of the one- or two-
family rental residential property shall be scheduled and must be ^^'f^'^'•^d within the fiFst three
^ths ^f the license yeaF, OF paFtialicense yeaF. performed at least every other year provided that
the number of violations found on the premises equal three or less. If the number of violations found
on the premises equals four or more,the premises must be inspected within the next 12-month period.
B. Upon submission of a completed application for a license or license renewal for any multifamily rental
residential property and the payment of all required fees, an inspection of the multifamily rental
residential property shall be SEheduled and must be performed within the current license year]-pf
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C. A licensing inspection of rental residential property shall include the premises and,in the case of multi-
family rental residential property, a percentage of the individual dwelling units with a minimum of at
least one dwelling unit. The Code Official or designee shall determine which 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 Village inspector. In establishing a compliance time frame,
the Village inspector shall determine the reasonable minimal time necessary to correct the violations
based upon the number and severity of the violations.The Village inspector shall provide a copy of the
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written inspection report.Such inspection report shall be left at the property with the owner,agent or
tenant who was present for the inspection and shall include the following:
1. A description of the property sufficient for identification;
2. The inspection report listing the violations of applicable codes;
3. The inspection report indicating the date upon which the licensing reinspection will occur; and
4. An explanation that if upon completion of the licensing reinspection the requirements of
applicable Village codes have not been met,then the license may be denied or revoked.
E. A licensing reinspection shall be conducted at the end of the compliance time frame. Upon completion
of the 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. Approve a conditional license if the property cannot be fully licensed due to special circumstances;
or
3. Issue a written denial of the license 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 for a term not exceeding six months to those 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 term
shall be considered unlicensed.
F. All additional i^cpeetio+?cn_reinspections made necessary because of cited violations^et being 6OFFeEted
at the tome of the initial license - tien shall be subject to a the fee schedule as set forth in
Chapter 1.16 of this Code. The a•t al license and the fUll ntal sidential WEense shall not be
,.d and the p e.t„shall not be c si de.e,d P eFty licensed until all Fees a aid.
G. When an owner or agent fails to keep a scheduled inspection or re-inspection, or fails to cancel a
scheduled appointment by 24 hours prior to the scheduled appointment, an inspection absentee fee
or cancellation fee shall be charged as set forth in Chapter 1.16 of this Code.Such fee shall be assessed
per building or property, not for each individual dwelling unit.
H. The conditional license and the full rental residential license shall not be issued and the property shall
not be considered property licensed until all fees are paid.
GI. Applications for license renewals shall be made in the same manner as for new applications except
that such applications shall state thereon such fact.
15.36.070-Enforcement.
It shall be the duty of the Village Building and Zoning Department to enforce the provisions of this
Chapter as authorized by the Buffalo Grove Municipal Code and the Property Maintenance Code as
adopted and amended from time to time by the Village.
15.36.080-Violations.
The following shall constitute violations of this 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;
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C. Failure of the owner or owners of the rental property to vacate all tenants from such property
within sixty days after the license has been revoked;
D. Failure of the 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.
15.36.090- License—Suspension and revocation.
A. A license may be suspended when any violation of applicable Village codes has been identified by the
Village and the property owner has been properly notified of the violation and given a reasonable
period of time in which to correct the violation, but has failed to do so.A license may also be suspended
when any information provided in the license application is determined by the Code Official to be false.
B. When an inspection of a licensed rental residential property reveals any violation of applicable codes,
a compliance time frame will be set by the Code Official using the standard as set forth in Section
15.36.060(D).The Code Official shall provide notice by personal service or send notice to the property
owner or the listed property agent by regular U.S. mail at the last address provided on the most recent
license application.Such notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement listing the violation(s)of applicable codes;
3. A statement indicating the date upon which a reinspection will occur; and
4. An explanation that if upon completion of the reinspection the requirements of applicable Village
codes have not been met,then the license for the rental residential property will be suspended.
C. A reinspection will be conducted at the end of the compliance time frame. If the Code Official finds
that the requirement of applicable Village codes have not been met upon the completion of such
reinspection,then the license for the rental residential property shall be suspended.
D. When a license is suspended, 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 notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement of the reasons for the suspension;
3. A statement of the property owner's right to appeal the suspension;
4. If the property owner changes his address or changes property agents and fails to notify the
Building and Zoning Department, such notice shall be sufficient if sent by certified mail to the
owner or his property agent's last address provided on the last license application.
E. A property owner whose license has been suspended may request a reinspection prior to revocation.
If, upon reinspection, the Code Official finds that the licensed property in connection with which the
notice was issued is now in compliance with this Chapter, then the Code Official may reinstate the
license. The request for a reinspection shall not stay the revocation of the license unless the Code
Official grants such request pursuant to a showing of good cause by the property owner.
F. Any person whose license has been suspended shall be entitled to appeal the suspension to the Village
President by filing a petition within twenty days after the date of suspension. The Code Official shall
transmit to the Village President copies of all records and notices upon which the suspension is based.
A hearing shall be scheduled as soon as practical upon receipt of a timely petition.The Village President
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in considering any such petition may immediately revoke the license, continue the suspension to a
definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges
and reinstate the license.
G. A license may be revoked when a petition for appeal has not been filed within twenty days following
the date of issuance of an order of suspension,or, if the suspension is sustained after appeal.A license
may also be revoked when in the opinion of the Code Official emergency conditions exist in a rental
residential property that require the immediate vacating of a structure as specified in the Village's
Property Maintenance Code.
H. A license which has been properly revoked as provided in this section shall not be reinstated. The
property owner may, however, obtain a new license after all violations have been corrected and by
following the procedures for obtaining a new license and payment of appropriate fee(s)as set forth in
this Chapter.
I. If a license is revoked without having the opportunity of a suspension hearing,the property owner has
the right to appeal that revocation. Such appeal shall conform to subsection (F) of this section. Such
an appeal shall operate as a stay of the revocation until such time as the Village President renders a
decision on the appeal.
J. Whenever 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 of the
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 license for this structure has been revoked pursuant to Chapter
15.36 of the Buffalo Grove Municipal Code.
2. You must vacate this structure within sixty days of the date of this notice.
3. If you fail to vacate this structure, you will be in violation of Chapter 15.36 of the Buffalo Grove
Municipal Code and subject to a fine pursuant to Chapter 1.08 of the Buffalo Grove Municipal
Code.
K. Whenever an owner or property agent of a rental property fails to license such property with the
Village, the Code Official shall notify all tenants of the rental property by posting a notice on all
entrances to the rental property indicating the following:
1. You are hereby notified that the owner or agent of this rental structure has failed to license this
rental property with the Village of Buffalo Grove in violation of Chapter 15.36 of the Buffalo Grove
Municipal Code.
2. You must vacate this structure within sixty days of the date of this notice.
3. If you fail to vacate this structure, you will be subject to a fine pursuant to Chapter 1.08 of the
Buffalo Grove Municipal Code.
15.36.100-Owner responsibility.
A. The owner of a rental residential property shall maintain a record for each property with the full legal
names of every tenant in each dwelling unit.
B. The owner or property agent of a rental residential property shall provide each tenant with the name
and telephone number of a responsible person who, in emergency situations, will be available on a
twenty-four-hour basis and who has the authority to make repairs as needed.
15.36.110- Inspection access.
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If any owner, property agent, occupant or other person in control of a rental residential property or a
dwelling unit contained therein fails or refuses to consent to free access and entry to the property or a
dwelling unit under his control for any inspection pursuant to this Chapter,the Code Official or their
designee may apply to the circuit court for a search warrant or other appropriate court order authorizing
such inspections.
15.36.120-Violation—Penalty.
Any person,firm or corporation violating any of the provisions of this Chapter,in addition to other
legal and equitable remedies available to the Village shall be punished according to the provisions of
Chapter 1.08,General Penalty. Each day during which a violation of this chapter continues or is permitted
to exist shall be considered a separate and distinct offense.
Section 2.This Ordinance shall be in full force and in effect from and after its passage and approval.This
ordinance may be published in pamphlet form.
AYES: 6—Stein Ottenheimer,Weidenfeld Johnson Smith Pike
NAYES: 0—None
ABSENT: 0—None
PASSED: November 2 2020
APPROVED: November 2, 2020
PUBLISHED: November 3 2020
APPROVED:
Beverly Suss n, illage Presi ent
ATTEST:
janei,S44ian,Village Clerk
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