[Ord. No. 1220 §1, 9-15-2014]
For the purpose of this Article, the following terms, phrases
and words shall have the meanings given herein and shall apply in
the interpretation and enforcement of this Chapter unless otherwise
specifically stated:
Any building or portion thereof which is designed or used
for dwelling purposes.
A detached building designed for or occupied by two (2) families
living independently of each other.
A building or portion thereof used or designed as a residence
for three (3) or more families living independently of each other
and doing their own cooking in said building, including apartments,
apartment hotels and group houses.
A detached building designed for or occupied exclusively
by one (1) family.
The owner of record of residential rental property, whether
an individual(s), trust, partnership or corporation.
Dwellings, duplex dwellings, multiple dwellings and one-family
dwellings occupied by or offered for rent, lease or occupancy to any
person(s), who otherwise qualify for an occupancy permit, who are
not the owners of record of said property.
[Ord. No. 1220 §2, 9-15-2014]
A.
License Required. No person shall permit occupancy
of or offer for rent/lease, without a residential rental license issued
pursuant to this Article, any residential rental property within the
City of Breckenridge Hills to any person(s), as principal occupant(s),
who are not the record owner(s) of the property or approved as exempt
occupants under provisions of this Article.
B.
Exempt Occupants, No License Required. Upon the
filing and approval of an exemption declaration pursuant to this Article,
no residential rental license shall be required for non-owner occupancy
of a parcel of residential rental property where the principal occupant(s)
of such parcel are:
[Ord. No. 1220 §3, 9-15-2014]
A.
Application for a license required by Section 605.360 shall be made annually by the earlier of:
1.
January 31 of each calendar year for all residential rental
property owned on January 1 of that year; or
2.
For later acquired residential rental property, prior to permitting
any occupancy of or any offering thereof for rent/lease by the owner
to the Building Inspector and shall set forth the name, street address,
telephone number and social security number or tax identification
number of the owner of record of such residential rental property,
signed thereby and shall list by street address each and every parcel
of residential rental property owned by that owner that is located
in the City of Berckenridge Hills. If the owner of said residential
rental property wishes to designate an agent to be responsible for
said property and to accept notices and process, then the owner of
record shall designate said agent in the application together with
the agent's name, street address and telephone number and the extent
of the agent's authority to rent, manage and make expenditures of
said property.
B.
In the event of any change of circumstances subsequent to the filing
of an application that would result in a change in the information
required by the application, the owner shall promptly file an amendment
of such application on forms as specified by the Building Inspector.
C.
An exemption to the requirement for a residential rental license
for a particular parcel of residential rental property may be established
by filing with the Building Inspector, on forms prescribed thereby,
a declaration setting forth the name, street address, telephone number
and social security number or tax identification number of the owner
of record of such residential rental property, signed thereby and
the name of the principal occupant of the property and an explanation
of the basis for exemption. Such exemption shall remain valid and
need not be renewed unless the circumstances of exemption change or
cease; provided, however, the Building Inspector may periodically
request verification of continuing qualifications for exemption status.
[Ord. No. 1220 §4, 9-15-2014; Ord. No. 1316, 12-20-2021]
The annual fee for each calendar year or portion thereof for
the license required by this Article shall be twenty-five dollars
($25.00) per unit and/or property paid by either the owner of each
property, tenant, occupant or landlord at the time of license application.
A delinquency fee, calculated at the rate of twenty-five dollars ($25.00)
for each month or portion thereof, shall be assessed for late payment
of an application fee.
[Ord. No. 1220 §5, 9-15-2014]
Unless and until the annual application is filed by the owner
and all fees due hereunder are paid in full and all outstanding fines
imposed by the City of Breckenridge Hills Municipal Court for any
housing or building code violations by such owner are paid in full,
no residential rental license shall be issued to such owner nor shall
any new occupancy permit be issued for the occupancy of any parcel
of residential rental property of such owner. Failure to obtain and
maintain a valid residential rental license shall constitute grounds
for the revocation or cancellation of all outstanding occupancy permits
issued for any parcels of residential rental property of such owner.
No new occupancy permit shall be issued for any parcel of residential
rental property purchased or obtained.
[Ord. No. 1220 §6, 9-15-2014]
The Building Inspector may issue such rules and regulations
as he/she deems necessary to implement this Article and the policies
contained herein.
[Ord. No. 1220 §7, 9-15-2014; Ord. No. 1314, 9-20-2021; Ord. No. 1319, 3-21-2021]
A.
A residential rental license and/or occupancy may be suspended or
revoked under the following conditions:
1.
A license and/or occupancy permit may be suspended or revoked
if property is found to be out of compliance with property maintenance
codes and corrections are not made to bring the property back into
compliance within thirty (30) days from the date of notice of non-compliance.
2.
A license or occupancy permit may be suspended or revoked if
a landlord/property owner/tenant/occupant of any rental property is
found to have made material false statements on his or her application
or failed to report a change of occupancy of any property owned or
managed by the licensee.
3.
A license or occupancy permit may be suspended or revoked if
the landlord and/or tenant has been notified of three (3) or more
acts of unreasonable conduct by the tenants or other persons on the
property which constitute a public nuisance to neighbors or the neighborhood
or a danger to public health, safety or welfare.
4.
A license or occupancy permit may be suspended for conviction
of a misdemeanor or felony (under State law or ordinance) by the owner
or tenants on or about the property or the immediately surrounding
areas.
5.
A license or occupancy permit may be revoked if the landlord
has more than two (2) suspensions of his or her license or permit
in any twelve-month time frame. Once a license or permit is revoked,
the landlord may not apply for reinstatement until all property is
returned to compliance and the landlord pays one hundred dollars ($100.00)
for reinspection of each unit that was subject of suspensions.
6.
Once a license or occupancy permit has been suspended or revoked,
the landlord/property owner shall not be able to rent the property
that is subject to the revocation or suspension or any other property
until all corrections have been made to the property that is subject
to the revocation or suspension and such corrections have been approved
by the Building Inspector. In the case of a revocation, the reinspection
of the property subject to the revocation must be complete and found
to be in compliance before a license will be reinstated.
7.
A license or occupancy permit may be suspended and/or revoked if
a property owner, landlord and/or tenant fail to maintain continuous
trash service and/or fail to pay any and all fees associated with
the trash service provided by the City of Breckenridge Hills in a
timely manner.
B.
Any appeal of a suspension or revocation must be made, in writing,
to the Building Inspector or his or her designee within five (5) working
days of notification of suspension or revocation. Said appeal will
include the factual basis of any appeal. If you wish to have a hearing
as to your suspension or revocation appeal, a request for a hearing
must be made in writing and accompany the written appeal. Should a
hearing occur, the Building Inspector will hold a hearing with the
appellant, hear all evidence, and issue written findings of such hearing
to the City Council within ten (10) days of the hearing. The City
Council will review the written findings at the next monthly council
meeting in closed session.
[Ord. No. 1220 §8, 9-15-2014]
Violations of this Article may be enforced in any combination
as allowed in the City of Breckenridge Hills City Code.
[Ord. No. 1220 §9, 9-15-2014]
Violations of this Article shall be treated as a strict liability offense regardless of intent. Any person, firm, owner, landlord and/or corporation that violates any portion of this Article shall be subject to prosecution and/or administrative enforcement permitted under the City of Breckenridge Hills City Code for nuisance properties and/or pursuant to Section 405.430 of the City of Breckenridge Hills City Code. Violation of this Article shall be punishable by a fine not to exceed five hundred dollars ($500.00) and/or imprisonment not to exceed ninety (90) days.
[Ord. No. 1220 §11, 9-15-2014]
This Article shall be in full force and effect after passage and approval as required by law and is to be read and interpreted in conjunction with Section 405.430 of the City of Breckenridge Hills City Code.
