[Added 10-23-2007 by Ord.
No. 7-2007]
For the purposes of this article, the following terms are hereby
defined:
Chapter 21 of the City of Hometown Municipal Code.
The Building Commissioner of the City of Hometown or any
person authorized to act by the Building Commissioner.
Any part of a building used as a residence or sleeping place
by one or more persons.
The legal title holder or holders of the realty, except:
Any single- or multifamily building containing one or more
dwelling units occupied by a tenant for which rental income is paid.
Rental housing does not include a condominium unit unless a person
owns or controls more than 50% of the units in a condominium building
and more than 50% of the units are occupied by tenants. Rental housing
shall exclude cooperative corporations and associations.
A person who is not the owner of property but receives compensation
for managing any rental housing.
A person occupying a dwelling unit pursuant to an oral or
written rental agreement.
The owner of any building used as rental housing shall file
a registration statement for each such building with the City Clerk
of the City of Hometown. The registration statement shall be on a
form provided by the City Clerk and shall contain the following information:
(A)
The name, street address, and telephone number of each owner of the
building. If the owner is a partnership, corporation, limited-liability
company or similar entity, the statement shall include the name, street
address, telephone number and position of the responsible partner
or officer.
(B)
The street address and permanent index number of the building, and
the number of dwelling units therein.
(C)
If rents are collected or the property is managed by a person who
is not the owner, then the name, street address, and telephone number
of such rental manager.
[Amended 11-27-2007]
The registration statement shall be filed no later than January
31 of each calendar year and within 20 days after a change in ownership
of the building. Registration shall be effective for a period of February
1 through January 31, thereafter.
After rental housing is registered, the Building Commissioner
shall cause each dwelling unit to be inspected. Rental housing shall
be inspected every 12 months or upon a change of ownership.
(A)
The City of Hometown shall provide notice to the owner and tenants
of the rental housing that it intends to inspect the same. The notice
shall consist of a statement setting forth the City's intention to
inspect the rental housing and/or dwelling unit for violations of
the Building Code. The notice shall also consist of: 1) the common
address of the rental housing and/or dwelling unit to be inspected;
and 2) the date and time when the inspection is to take place. The
notice shall advise the owner and occupant of their ability to reschedule
the inspection. Any request for rescheduling must be made in writing
24 hours prior to the scheduled inspection. Owners and occupants will
be given at least seven days' notice of an inspection.
(B)
If the rental housing is found to be in compliance with the Building
Code of the City of Hometown, no further action will be taken by the
City of Hometown. In the event that an inspection shows that the rental
housing does not comply with the Building Code, the Building Commissioner
shall issue a deficiency report and permit the listed deficiencies
to be remedied. All deficiencies shall be remedied within 30 days
from the issuance of the deficiency report. An extension of time may
be granted to remedy deficiencies upon a showing of good cause. A
reinspection of the rental housing shall be made to determine if the
rental housing has been brought into compliance with the Building
Code of the City of Hometown.
(C)
Consent or refusal for an inspection (reinspection) of rental housing
or a dwelling unit shall be obtained from the tenant of the rental
housing or dwelling unit. In the event the rental housing or dwelling
unit is unoccupied, the owner shall have the right to consent to or
refuse an inspection. An owner or tenant may refuse an inspection
either before or at the time of the scheduled inspection. No adverse
action will be taken against an owner or tenant withholding consent
to inspect rental housing or a dwelling unit. In the event of such
refusal, the City may petition the Circuit Court of Cook County for
the issuance of an administrative search warrant.
In the event that code violations are found to exist, and have
not been remedied as provided for in this article, the City may file
a complaint with a court of competent jurisdiction to seek compliance
with its Building Code.
The City of Hometown reserves the right to enforce the Building
Code in any manner available to it under the law. This article shall
not be considered the City's exclusive remedy, or a waiver of any
other remedies provided by law.
