[11-20-2017[1]]
The following definitions shall apply in the interpretation
and enforcement of this chapter:
A dwelling unit having both bathroom and kitchen facilities.
That person within the governmental structure of the corporate
unit who is charged with the administration of the appropriate code.
Approved by the local or state authority having such administrative
authority.
Any story situated wholly or partly within the roof, and
so designed, arranged or built as to be used for business, storage,
or habitation.
A portion of a building located partly or wholly above grade
and having half or more than half of its clear floor-to-ceiling height
above the average grade of the adjoining ground.
A fixed structure with walls, foundation and roof, such as
a house, factory, garage, etc.
A portion of a building located partly or wholly below grade
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
A document issued by the Village after inspections performed
either pursuant to this Title or other provisions of the ordinances
of the Village, showing that the premises conform to the ordinances
of the Village.
Any building or premises use to conduct a business or manufacture
or to store goods or merchandise.
No longer adequate for the purpose or use for which it was
originally intended.
Any enclosed space wholly or partly used or intended to be
used for living, sleeping, cooking and eating, provided that temporary
housing, as hereinafter defined, shall not be classified as a dwelling.
A room or group of rooms, located within a dwelling, forming
a single habitable unit with facilities used or intended to be used
by a single family for living, sleeping, cooking and eating purposes,
including one- and two-family rental units and multiple-family dwelling
units.
That person or persons assigned to administer enforcement
of this chapter or the referenced codes by the Mayor of the Village
of Thornton.
One or more individuals occupying a single dwelling unit;
provided that, unless all members are related by blood, marriage,
legal adoption or are foster children, no such family shall contain
over three persons; and not more than two guests or roomers, whether
gratuitous or nongratuitous, may be housed. The term "family," as
regards the number of persons residing within a dwelling unit, shall
be further regulated by the necessary minimum requirements of the
Zoning Ordinance[2] of the Village of Thornton and the adopted codes herein
referenced.
The finished ground level adjacent to a required window.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding bathrooms,
water closet compartments, laundries, furnace rooms, pantries, kitchenettes
and utility rooms with less than 50 square feet of floor space, foyers
or communicating corridors, stairways, closets, storage spaces and
workshops, hobby and recreation areas or other areas that clearly
cannot be used or intended to be used for living, sleeping, cooking,
or eating purposes.
One or more individuals living together in a single dwelling
unit and sharing common living, sleeping, cooking and eating facilities.
(See also "family.")
The person who is acting as an inspector for the enforcement
of this chapter of the Village of Thornton or a Fire Department employee
assigned as a fire inspector by the Fire Chief, and any other persons
assigned code enforcement inspection duties by their supervisors.
Any dwelling containing more than two dwelling units, including
lodging houses.
Any individual, over one year of age, living, sleeping, cooking,
or eating in, or having possession of, a dwelling unit or a rooming
unit; except that in dwelling units, a guest shall not be considered
an occupant.
Any person who has charge, care, control, or management of
a building, or part thereof, in which dwelling units or rooming units
are let or offered for rent or other consideration.
Any person who, alone or jointly or severally with others:
Shall have legal title to any premises, dwelling or dwelling
unit, with or without accompanying actual possession thereof; and
Shall have charge, care, or control of any premises, dwelling
or dwelling unit, as owner or agent of the owner, or an executor,
administrator, manager, trustee, or guardian of the estate of the
owner.
Any such person thus representing the actual owner shall be
found to comply with the provisions of this chapter, and of rules
and regulations adopted pursuant thereto, to the same extent as if
he were the owner.
The maximum number of individuals permitted to reside in
a dwelling unit, rooming unit or dormitory.
Includes any individual, firm, corporation, association,
and partnership, cooperative or governmental agency.
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by any dwelling
or nondwelling structure, and includes any such building, accessory
structure or other structure thereon.
Includes the following:
The physical condition or use of any premises regarded as a
public nuisance at common law.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned dwelling units, basements, excavations,
and unsafe fences or structures, abandoned vehicles, unsecured and
unattended swimming pools, appliances, furniture or other such items.
Any premises which have unsanitary sewerage or plumbing facilities.
Any premises designated as unsafe for human habitation or use.
Any premises which are manifestly capable of being a fire hazard
or are manifestly unsafe or unsecured as to endanger life, limb or
property.
Any premises from which the plumbing, heating and/or facilities
required by Village adopted codes have been removed, or from which
utilities have been disconnected, destroyed, removed or rendered ineffective,
or the required precautions against trespassers have not been provided.
Any premises which are unsanitary, or which are littered with
rubbish or garbage, or which have an uncontrolled growth of weeds.
Any structure owned by another and occupied or used, for
a fee or without a fee, by:
The residential rental license year shall be from May 1 to
April 30 of the following year.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
purposes.
A period of time of a short duration, such as a visitor visiting
for a week, but not to exceed 30 days.
A person, persons, copartnership, firm, corporation or other
entity occupying or using a building premises or any part or parts
thereof owned by another, for a fee or without a fee.
[11-20-2017]
A.Â
Inspection. The Housing Inspector, or an authorized representative,
shall enforce the provisions of this chapter and is hereby authorized
and directed to make inspections pursuant to one or more plans for
inspection as indicated in this chapter, or in response to a complaint
that an alleged violation of the provisions of this chapter or of
the applicable rules or regulations adopted pursuant thereto may exist,
or when the Housing Inspector has valid reason or probable cause to
believe that a violation of this chapter or any rules and regulations
adopted pursuant thereto has been or is being committed.
B.Â
Time of inspections. The Housing Inspector is hereby authorized to
enter and inspect, between 9:00 a.m. and 5:00 p.m., all dwellings,
dwelling units, rooming units, and commercial buildings subject to
the provisions of this chapter for the purpose of determining whether
or not there is compliance with its provisions.
C.Â
Premises inspection. The Housing Inspector is hereby authorized to inspect rental dwelling units and rooming units, and commercial building subject to this chapter, for the purpose of enforcing the specific minimum standards of the building and property maintenance codes of the Village of Thornton (§ 7-1A-4). Each inspection shall be limited to occupiable space and not personal possessions or contents of cabinets, chests, or other storage containers, except those containers which may contain flammable or hazardous materials.
D.Â
Appointments. The Housing Inspector and the owner, occupant or other person in charge of a dwelling, dwelling unit, or rooming unit or commercial buildings subject to this chapter may agree to an inspection by appointment at a time other than the hours provided in Subsection C of this section.
E.Â
Access. The owner, occupant or other person in charge of a dwelling,
dwelling unit, rooming unit, or commercial buildings, upon presentation
of proper identification by the Housing Inspector, a copy of any relevant
plan of inspection pursuant to which entry is sought, and a schedule
of the specific areas and facilities to be inspected, shall give the
Housing Inspector entry and free access to every part of the dwelling,
dwelling unit, rooming unit, or commercial buildings or to the premises
surrounding any of these.
F.Â
Compliance with chapter required. No premises covered by this chapter
shall be occupied in violation of this chapter.
G.Â
Petition to court. If any owner, occupant, or other person in charge
of a dwelling, dwelling unit, rooming unit, multiple dwelling, or
commercial buildings licensed as such fails or refuses to permit free
access and entry to the structure or premises under his control, or
any part thereof, with respect to which an inspection authorized by
this chapter is sought to be made, the Housing Inspector may, upon
a showing to the court that probable cause exists for the inspection
and for the issuance of an order directing compliance with the inspection
requirements of this chapter with respect to such dwelling, dwelling
units, multiple dwelling, or commercial buildings, petition and obtain
such order from a court of competent jurisdiction.
[11-20-2017]
A.Â
Purpose. It is the purpose of this chapter to assure that rental
housing in the Village is decent, safe and sanitary and is so operated
and maintained as not to become a nuisance to the neighborhood or
to become an influence that fosters blight and deterioration or creates
a disincentive to reinvestment in the community. The operation of
rental residential properties is a business enterprise that entails
certain responsibilities. Operators are responsible to take such reasonable
steps as are necessary to assure that the citizens of the Village
who occupy such units may pursue the quiet enjoyment of the normal
activities of life in surroundings that are: safe, secure and sanitary;
free from noise, nuisances or annoyances; free from unreasonable fears
about safety of persons and security of property, and suitable for
raising children.
B.Â
Responsibilities of owners and occupants. No owner or other person
shall occupy or let another person occupy any building unless it and
the premises are clean, sanitary, fit for human occupancy, and comply
with all applicable legal requirements of the State of Illinois and
the Village of Thornton, including the following requirements.
C.Â
Maintenance of shared or public areas. Every owner of a building
shall maintain in a clean, sanitary and safe condition the shared
or public areas of the building and premises thereof.
D.Â
Maintenance of occupied areas. All occupants of a building shall
maintain in a clean, sanitary and safe condition that part or those
parts of the building and premises thereof that they occupy and control.
E.Â
One family per dwelling unit. Not more than one family, except for
temporary guests, shall occupy a dwelling unit.
F.Â
License required. No person, corporation or other entity shall operate
one- and two-family rental dwelling units and multiple-family dwelling
units unless he or she or it holds a current, unrevoked operating
license issued by the enforcement authority of the Village of Thornton,
in his or her or its name, for the specifically named or identified
one- and two-family rental dwelling unit or units or multiple-family
dwelling units.
G.Â
License term. Licenses will be issued for a time period according
to the license type as indicated in Diagram I. All licenses may be
reviewed at any time after the beginning of the license term to determine
whether the property continues to have the appropriate type license.
All licenses expire on April 30, unless sooner revoked.
|
Diagram I
| |||
|---|---|---|---|
|
Licensing Category
|
Licensing Period
|
Minimum Inspection Frequency
|
Plans
|
|
Type I
|
2 years
|
Minimum 1 time in 2 years, upon request, or as needed as determined
by Village
| |
|
Type II
|
1 year
|
Minimum 1 time per year, upon request, or as needed as determined
by Village
| |
|
Type III provisional
|
6 months
|
Minimum every 6 months, upon request, or as needed as determined
by Village, or as otherwise specified by mitigation plan
|
Mitigation plan required
|
H.Â
New licenses. Properties that have legally not been required to have
a rental license due to new construction or a change from owner-occupied
to rental will qualify for a Type II license. Properties found operating
without a valid rental license from the Village or failing to meet
Village Code requirements or that have been the subject of enforcement
actions, such as criminal prosecution or civil penalties for violation
of this chapter, will only qualify for a Type III license.
I.Â
License renewals. All rental properties are subject to review and
may be required to apply and qualify for a different license type
based on the level of compliance with Village codes and applicable
regulations.
J.Â
Failure to meet license category requirements. At any time during
a license period, if a rental property does not meet or exceed the
criteria established for the current license type, the license may
be brought forth to the Village Administrator for consideration of
license suspension, revocation, and/or license type review.
K.Â
Type IV provisional licenses. Rental properties under Type IV provisional licensing must meet the requirements set forth in § 7-11-3CC.
L.Â
License category criteria. License type will be determined on the
basis of established criteria based on property inspections, police
incidents and property code and nuisance violations.
M.Â
Period of license. Every operating license shall be issued for a
period based on the type of license issued according to Diagram I.
Said license is transferable to a new person, corporation or other
entity on notification to the enforcement authority of intent to transfer,
prior to the actual transfer, and any such license so transferred
shall remain in effect until its renewal or termination date, provided
the transferee meets the requirements of this chapter.
N.Â
Licensing authorized. The Village enforcement authority is hereby
authorized, upon application on forms provided by the enforcement
authority, to issue a new operating license or to renew an existing
operating license, in the name of the owner, operator or agent thereof,
for the operation of one- and two-family rental dwelling units or
multiple-family dwelling units on presentation by the applicant of
a certificate of compliance issued by the enforcement authority, showing
compliance with the health, safety and maintenance standards set forth
in this chapter and dated less than 180 days prior to the date of
application.
O.Â
Inspection and application fees. The following fees must be paid
in full at the time of application for the operating license. In the
event that more than one reinspection is required, there will be an
additional fee of $50 per inspection.
P.Â
Renewal of existing license. Renewal of existing operating licenses
must take place at least 60 days prior to the expiration date of said
license, and all inspection and application fees shall be paid. A
renewal application made after the expiration date shall be charged
a late fee of $100. Any renewal application without the required certificate
of compliance shall be charged a $25 per unit expediting fee in addition
to the regular inspection and application fee.
Q.Â
Residency/registered agent. No license shall be issued or renewed
for a nonresident applicant unless such applicant designates, in writing,
on the application form, the name of a registered agent in the State
of Illinois, Counties of Cook, Will, or DuPage, or Lake County, Indiana,
for the receipt of service of any notices or correspondence issued
pursuant to the enforcement of this chapter and for service of process
pursuant to this chapter. An applicant shall be considered to be nonresident
when absent from the Village of Thornton for 30 days or more.
R.Â
Display of license. Each license issued under this chapter must be
available for inspection on request by any officer of the Village
of Thornton, tenant or renter, or potential renter or tenant.
S.Â
Record of repair or changes. Any holder of an operating license issued
pursuant to this chapter shall keep or cause to be kept a written
record in the form of a list showing the date and nature of all repairs,
alterations or changes in equipment or systems related to the provisions
of this chapter or to any rules or regulations pertaining thereto,
and of all corrections made as a result of inspections made by the
Housing Inspector. Such record shall be made available to the enforcement
authority on request to the holder of said license or their registered
agent. Notice is hereby given that such record may be used in administrative
or judicial proceedings pursuant to this chapter.
T.Â
Notice of violation. Whenever, upon inspection of any licensed premises
or the records required to be kept under this chapter, a determination
by the Housing Inspector or the enforcement authority indicates a
violation of the provisions of this chapter occurs, a notice of violation
shall be served in accordance with the requirements of this chapter.
The notice of violation shall contain a statement of the specific
requirement violated, and a provision for the licensee to correct
the violation or violations in a reasonable time as determined by
the enforcement authority, and a statement that the license is subject
to revocation if the corrections do not take place in the time limit
stated.
U.Â
Reinspection and suspension of the license. At the end of the time
allowed for correction of the violation notice or earlier if requested
by the license holder, a reinspection of the premises shall take place
to determine if the corrections have taken place. If, on inspection,
the corrections have not taken place, the enforcement authority shall
issue an order suspending the operating license.
V.Â
Appeal of suspension order. An appeal to the enforcement authority
appealing the suspension of an operating license must be in writing
and submitted to the enforcement authority by the license holder or
their agent within 10 days of the issue of the suspension order. Failure
to correct violations and failure to appeal the suspension as provided
herein shall result in the revocation of said license.
W.Â
Reinstatement of suspended or revoked license. A suspended or revoked
operator's license for the operation of one- and two-family rental
dwelling units or multiple-family dwelling units shall be reinstated
only on reinspection showing all cited violations have been corrected.
X.Â
Conviction. If a license holder or occupant or tenant is found guilty
in a court of competent jurisdiction of any violation of the ordinances
of the Village of Thornton or the laws of the United States or the
State of Illinois in connection with the licensed premises, then the
license shall be subject to revocation without further notice.
Y.Â
Extremely hazardous conditions. In the event a condition of extreme
hazard or imminent danger to the occupants or general public is found
to exist on or in licensed premises, the Housing Inspector or the
enforcement authority may immediately revoke the license and issue
a notice of violation without a time limit to correct the hazardous
condition; and order evacuation of the premises if, in the inspector's
opinion, evacuation is necessary to protect the occupants.
Z.Â
Separate violation. Each item contained in a notice of violation
may be considered a separate violation of this chapter, and each day
that a violation exists from the date of discovery and the date of
correction shall be considered a separate violation of the chapter
and subject to the fines set herein.
AA.Â
Transfer of cited property. It is unlawful for the owner of any premises
who has received compliance orders or upon whom a notice of violation
has been served to sell, transfer, mortgage, lease or otherwise dispose
of, to another party, the so-cited property until the provisions of
the compliance order or notice of violation have been complied with,
or until such owner shall furnish to the grantee, mortgagor or lessee
a true copy of any compliance or notice of violation, issued by the
enforcement authority, or shall furnish to the enforcement authority
a signed and notarized statement from the grantee, transferee, mortgagor,
or lessee acknowledging the receipt of such compliance order or notice
of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
BB.Â
Any owner, agent or designee of rented property is required to utilize
a nuisance-free lease addendum or have a clause in the lease similar
to a nuisance-free lease addendum for any leases executed after October
1, 2006. The Village Clerk shall provide at no cost samples of the
nuisance-free lease addendum and shall review any clauses within actual
leases with the Village Legal Department to determine if the clause
is similar to the nuisance-free lease addendum. The clause is to make
criminal activity (not limited to violent criminal activity or drug-related
criminal activity engaged by, facilitated by or permitted by the renter,
a member of the household, guest or other party under the control
of the renter) a lease violation. The landlord shall have authority
under that clause to initiate an eviction proceeding as specified
in the Illinois Compiled Statutes forcible entry and detainer statutes.
Proof of criminal violation shall be by a preponderance of the evidence.
CC.Â
Type IV provisional licenses.
1.Â
Rental properties that meet the provisional licensing criteria as described in § 7-11-3 are eligible only for provisional licenses.
2.Â
The Village enforcement authority will provide by registered mail
to each licensee a monthly report of any police and fire calls and
incidents and applicable property Code violations.
3.Â
Mitigation plan. The applicant for a provisional license must submit
for Village enforcement authority review a mitigation plan for the
license period. The mitigation plan shall describe steps proposed
by the applicant to reduce the number of police and fire calls and/or
the property code issues to a level that qualifies for a Type I or
II license. The mitigation plan may include such steps as changes
in tenant screening procedures, changes in lease terms, security measures,
rules and regulations for tenant conduct, security personnel, and
time frame to implement all phases of the Crime-Free Housing Program.
4.Â
Village consideration. The application with a proposed mitigation
plan will be presented to the Village enforcement authority. After
giving the applicant an opportunity to be heard and present evidence,
the Village enforcement authority shall approve, disapprove, or approve
with conditions the application and the mitigation plan. If the Village
enforcement authority disapproves an application and mitigation plan
or approves it with conditions, it shall state its reasons for so
doing in writing. In evaluating a mitigation plan, the Village enforcement
authority will consider, among other things, the facility, its management
practices, the nature and seriousness of causes for police and fire
incidences and/or property code issues, and the expected effectiveness
of measures identified in the plan to reduce the number of police
and fire incidences and/or property code violations. In evaluating
a mitigation plan submitted by an applicant already under a provisional
license, the Village enforcement authority will also consider the
effectiveness of measures identified in the applicant's previous
mitigation plan and the need for different or additional measures
to reduce police and fire incidences and/or property code violations.
5.Â
Compliance with mitigation plan. The licensee shall comply with the
mitigation plan as approved or modified by the Village enforcement
authority. No later than the 10th day after each calendar month, the
licensee shall mail or deliver to the Village enforcement authority
a written report describing all steps taken in furtherance of the
mitigation plan during the preceding month.
[11-20-2017]
All one- and two-family rental dwelling units and multiple-family
dwelling units and commercial buildings located within the Village
of Thornton shall be inspected as follows:
A.Â
Each commercial and residential rental property shall be inspected in accordance with the provisions of § 7-11-2 once each year (unless a Type 1 residential license is issued) for the purpose of determining compliance with the building and property maintenance codes of the Village of Thornton, and this annual inspection shall serve as the occupancy compliance and licensing inspection.
1.Â
On first application, each rental unit requiring inspection under
this chapter shall be inspected as soon as possible, and the compliance
inspection and license required under this chapter shall be active
until the license is issued or for six months, whichever is greater.
Every relicensing or compliance inspection following such inspection
shall be annually thereafter, except a Type 1 license, which is every
two years.
2.Â
Inspections may be made at a time other than stated above, on the
request of the owner or receipt of a documented complaint as to a
condition not complaint to the property maintenance standards.
B.Â
Multiple rental dwellings (i.e., apartments). Inspections of multiple
dwellings shall be performed annually, with the units to be inspected
chosen at random. The number of dwellings required to be inspected
shall be determined using the current year's inspection results
and then applying the following:
1.Â
25% of dwelling units must be inspected annually if the average number
of violations per dwelling unit and its common areas equal three or
fewer violations.
2.Â
50% of dwelling units must be inspected annually if the average number
of violations per dwelling unit and its common areas equal four to
five violations.
3.Â
100% of dwelling units must be inspected annually if the average
number of violations per dwelling unit and its common areas equal
six or more violations.
4.Â
In addition to Subsection C, when the average number of violations per dwelling unit and its common areas equal six or more violations, 100% of the dwelling units must be inspected within 60 days of the current inspection.
5.Â
Thorncreek Senior Living exemption. Thorncreek is exempt from dwelling
inspections due to county, state, and federal requirements and inspections.
C.Â
Single-family rental dwellings. An inspection of a single-family
rental dwelling shall be performed at least every other year.
1.Â
If the number of violations found on the premises equals three or
fewer, the property qualifies for a Type I license (two-year period).
2.Â
If the number of violations found on the premises equals four or
more, the premises must be inspected within the next twelve-month
period (Type II license).
D.Â
The Village enforcement authority or his designee shall conduct annual
inspections of common areas of multiple dwellings. The inspection
of the common area shall include, but is not limited to, all hallways,
stairways, lobbies, utility rooms, laundry rooms, storage rooms, recreation
rooms, grounds, refuse areas, parking areas, building extensions,
signs and other areas designed for common use by dwelling unit occupants.
Such inspections are for the purpose of enforcing this chapter and
any other sections of this Code applicable or pertaining thereto.
[11-20-2017]
A.Â
Contents of and specifications for notice. Whenever the Housing Inspector
determines that any dwelling, dwelling unit, rooming unit, or the
premises surrounding any of these fails to meet the requirements set
forth in this chapter or in applicable rules and regulations issued
pursuant thereto, the Housing Inspector, in accordance with existing
legislation and the inspection plan, shall issue a notice setting
forth alleged violations and advising the owner, occupant, operator,
or agent that such violations must be corrected. This notice shall:
1.Â
Be in writing;
2.Â
Set forth the alleged violations of this chapter or of the applicable
rules and regulations issued pursuant thereto and include the specific
provision by number;
3.Â
Describe the dwelling, dwelling unit, or rooming unit or commercial
building where the violations are alleged to exist or to have been
committed;
4.Â
Specify an appropriate or acceptable method of correction;
5.Â
Specify a specific date for the correction of any violation alleged;
and
6.Â
Be served upon the owner, occupant, operator, or agent of the dwelling,
dwelling unit or rooming unit or commercial building:
a.Â
Personally;
b.Â
By registered mail, return receipt requested, addressed to the owner,
occupant, operator or agent at his last known address;
c.Â
By posting the notice in or about the dwelling, dwelling unit, rooming
unit, or commercial buildings described in the notice; or
d.Â
Upon a resident agent for the receipt of such service of notice designated
pursuant to this chapter.
B.Â
Reinspection. At the end of the period of time allowed for the correction
of any violation alleged, the Housing Inspector shall reinspect the
dwelling, dwelling unit, rooming unit, or commercial building described
in the notice.
C.Â
Legal proceedings or vacation of order. If, upon reinspection, the
violations are determined by the Housing Inspector not to have been
corrected, the Housing Inspector shall initiate legal proceedings
for the immediate correction of the alleged violations and/or shall
order the dwelling, dwelling unit, rooming unit, or commercial buildings
vacated within 30 days.
[11-20-2017]
Any owner, occupant, operator, or agent of a dwelling, dwelling
unit, rooming unit, or commercial building who has received a notice
of an alleged violation of this chapter shall be subject to a penalty
of not less than $500 per day nor more than the maximum amount allowed
by state statute for ordinance violations.
[11-20-2017]
Whenever, in the judgment of the Housing Inspector, an emergency
exists which requires immediate action to protect the public health,
safety, or welfare, an order may be issued, without a hearing or appeal,
directing the owner, occupant, operator or agent to take such action
as is appropriate to correct or abate the emergency. If circumstances
warrant, the Housing Inspector may act to correct or abate the emergency.
A.Â
Notice served. Immediately after the violation is corrected by the
Housing Inspector under the procedure described in the above paragraph,
the Inspector's supervising authority, or their designee, shall
serve or cause to be served a copy of the order on the owner or manager,
pursuant to the procedures outlined in this chapter.
B.Â
Order. The order issued under this section of this chapter shall:
1.Â
Contain a description of the dwelling sufficient to identify and
locate it;
2.Â
Set out the particulars of the violation and the reasons why such
violation constituted an urgent hazard to the health and safety of
any person;
3.Â
Have appended thereto a statement from the Inspector setting out
the measures taken by the Village and the amount expended by the Village
in so doing; and
4.Â
Contain notice of the appellate procedures contained in this chapter.
C.Â
Recovery of costs. When repairs are made or other corrective action
taken at the direction of the Housing Inspector, the cost of such
repairs and corrective action shall constitute a debt in favor of
the Village of Thornton against the owner of the repaired structure.
In the event such owner fails, neglects or refuses to pay the Village
of Thornton the amount of this debt, it shall be recoverable in a
civil action against the owner or his successor, brought in a court
of competent jurisdiction by the Village of Thornton, which shall
possess all rights of a private creditor, or any other means of collection
available to municipal corporations as set forth in the Illinois State
Statutes.
D.Â
Liens. In addition to other methods of recovery, the cost of repair
or other corrective action incurred by the Village is recoverable
from the owner or owners of such real estate and is a lien thereon,
which lien is superior to all prior existing liens and encumbrances,
except taxes; provided that, within 60 days after such repair or corrective
action, the Village shall file a notice of lien of such costs and
expenses incurred in the office of the Cook County Recorder of Deeds.
The notice of lien must consist of a supporting statement setting
out:
E.Â
Upon payment of the cost and expense by the owner of or persons interested
in the property, after a notice of lien has been filed, the lien shall
be released by the Village, and the release may be recorded with the
Cook County Recorder of Deeds. As in the case of filing a notice of
lien, the lien may be enforced by proceedings to foreclosure as in
the case of mortgages or mechanic's liens. Suit to foreclosure
of such lien must be commenced within three years after the date of
filing a notice of lien.
[11-20-2017]
A.Â
Appeal to enforcement authority. Any person aggrieved by a notice
issued by the Housing Inspector, in connection with any alleged violation
of this chapter or of any applicable rule or regulation issued pursuant
thereto, or by any order requiring repair or demolition, may apply
to the enforcement authority or his/her authorized representative
for an administrative hearing for reconsideration of such notice or
order, provided such application is made within 10 working days of
the date the notice or order was issued. If the enforcement authority
holds an administrative hearing for reconsideration of the notice
or order, the enforcement authority shall prepare a summary of the
conference and shall state the decision reached. Each summary and
statement shall become part of the public record.
B.Â
Action of enforcement authority. After such hearing, the enforcement
authority shall sustain, modify or withdraw the notice or order, pursuant
to his/her findings as to the compliance of the aggrieved person with
the provisions of this chapter and of the rules and regulations adopted
pursuant thereto. If the enforcement authority sustains or modifies
such notice, it shall be deemed to be an order.
[11-20-2017]
A.Â
It is hereby declared a nuisance and to be declared against the health,
peace and comfort of the Village for any property owner, agent or
manager to allow or permit the following:
1.Â
Rental of a residential or commercial unit, or residential building
within an apartment community or governed by a homeowners' association,
to a tenant who allows any of the following offenses relating to the
tenant, a member of the tenant's household, guest or other party
under control of the tenant to occur: murder, kidnapping, aggravated
kidnapping, prostitution, solicitation of prostitution, pandering,
obscenity, sale or possession of child pornography, sale of obscene
publication, possession of explosives, unlawful use of weapons, sale
of firearms, gambling, keeping a gambling place, concealing a fugitive,
violation of the Illinois controlled Substances Act,[1] violation of the Cannabis Control Act,[2] or commission of any two or more of any other offenses
under the State of Illinois or under the federal government not specifically
listed above.
2.Â
Rental of a residential or commercial unit or residential building
within an apartment community or governed by a homeowners' association
to a tenant who allows any of the following offenses relating to the
tenant members of the tenant's household, guest or other party
under control of the tenant to occur commission of four or more Village
ordinance violations in a six-month period or an unreasonably high
number of calls for police service, including, but not limited to,
calls that may fall within the descriptions listed above that, when
compared to other properties in the Village of Thornton of similar
type. reasonably indicate that the activity at this property is out
of character for the area and is impacting the quality of life of
those in the area.
B.Â
The enforcement authority or Police Chief may suspend and/or recommend revocation of the license issued pursuant to § 7-11-3 or § 5-1-10, in the case of a business, if it appears to his/her satisfaction from the report of any Village officer or Village employee making an inspection, or any other available information, that the licensee is violating any law or ordinance, or is in violation of the nuisance section, or is operating in a manner not conducive to the public health, morals or safety. Any, suspension of a license may be appealed directly to the Village Administrator or the designee of the Mayor within 15 days of rendering his decision by the Village Administrator. In the event the enforcement authority or Police Chief determines that revocation of the license is appropriate, he/she shall so forward his recommendation to the Village President and Board of Trustees for their review and determination.
C.Â
Notwithstanding any other provisions within this chapter, and consistent with the terms and conditions of 65 ILCS 5/1-2-1.5, no property shall be considered a nuisance residential rental property if the police investigations described in § 7-11-9 arise from calls for assistance from any victim of domestic abuse or person with a disability. Additionally, no victim of domestic abuse or person with a disability shall be evicted, sanctioned or punished in any way resulting from his or her seeking public assistance or police protection relating to that abuse or condition.
