[Added 7-25-2022 by Ord. No. 2022-5; amended 9-12-2022 by Ord. No. 2022-9]
The purpose of this article is to enable the City to develop
a comprehensive list of properties located in the City that are leased,
rented, offered for lease or rent, or are otherwise available in exchange
for compensation for dwelling purposes in order to have a better understanding
of the number, location, and ownership of such properties. Additionally,
the City wants to ensure that all such residential rental properties
within the City comply with all rules and regulations adopted by the
City affecting minimum housing regulations and nuisances in order
to protect the health, safety and welfare of the residents of the
City of Lexington.
As used in this article, the following terms shall have the
meanings indicated:
A spouse, child, step-child, grandchild, step-grandchild,
parent, grandparent, mother-in-law, father-in-law, or grandparent-in-law.
Any person(s) occupying a residential rental property who
does not hold legal title to the property, is not a purchaser under
a recorded land contract, or is not an immediate family member of
such legal title holder or contract purchaser.
An individual(s), legal entity, partnership, limited-liability
company, corporation, or governmental or private agency in whom legal
title to the property is vested or purchased under a recorded land
contract.
Each room or portion of a residential rental property used
for residential or dwelling purposes that is separately leased, rented,
offered for lease or rent, or otherwise legally occupied by any person(s)
other than the owner thereof or a member of the owner's immediate
family in exchange for compensation.
Any property which contains a building, house, mobile home,
duplex, apartment complex, condominium, or other structure with one
or more rental units that are used for residential or dwelling purposes
and which are leased, rented, offered for lease or rent, or otherwise
legally occupied by any person other than the owner thereof or a member
of the owner's immediate family in exchange for compensation.
"Residential rental property" does not include the following:
Any building or other structure owned and operated by a nursing
home facility licensed by the State of Illinois;
Hotels, motels, bed-and-breakfast establishments, rooming houses,
and other similar facilities (e.g., Airbnbs) where occupancy thereof
does not exceed 30 consecutive days;
Any building or other structure operated, licensed, and inspected
by the City, or the state or federal government; and
Owner-occupied single-family residences.
Any owner of a residential rental property whether occupied
or vacant shall register each residential rental property as provided
below:
A.
After the effective date of this article, the owner of each residential
rental property within the corporate limits of the City of Lexington
or the owner's agent shall register each property in accordance
with this article within 30 days.
B.
Newly constructed properties or properties converted to residential
rental properties shall be registered within 30 days of the issuance
of a certificate of occupancy.
C.
Any residential rental property which is sold, transferred, or otherwise
conveyed shall be re-registered by the new owner within 30 days of
the date of the deed, land contract, or other instrument of conveyance.
D.
After August 1, 2022, it shall be unlawful for any owner to lease,
rent, or otherwise make available in exchange for compensation a residential
rental property without registering it with the City and complying
with the provisions of this article. No owner or owner's agent
shall be permitted to register any residential rental property if
the owner, at the time of registration, is in violation of any provision
of the City Code concerning minimum housing regulations, building,
fire, sanitation, health, water supply, sewage, garbage and waste
disposal, and nuisance regulations, or has any outstanding fines or
fees due and owing to the City.
Every year on or before August 1, the owner of a residential
rental property or the owner's agent shall renew the registration
of each residential rental property for the following year.
A.
Registration of a residential rental property shall be made by the
owner or owner's agent upon a form provided by the City and filed
therewith. Such registration shall be accompanied by the registration
fee and include, at a minimum, the following information:
(1)
Owner's name, address, phone number, and e-mail address. If
the owner is a legal entity, partnership, limited-liability company,
or corporation, the name, address, phone number, and e-mail address
of each officer, director, individual, or entity having more than
a 5% interest in such entity;
(2)
When applicable, the name, address, phone number, and e-mail address
of the owner's agent, manager, or other person responsible for
the maintenance of the residential rental property and whom is designated
to receive any and all notices set forth in this article;
(3)
Address and property tax index number of the residential rental property;
(4)
Type of residential rental property (single-family, duplex, multi-unit,
apartment complex, etc.);
(5)
The number of rental units in the residential rental property;
(6)
Name, address and telephone number of the primary occupant of each
rental unit in the residential rental property;
(7)
Signature of owner or owner's agent attesting to the truthfulness
of the information provided, and that he or she is aware of his or
her obligation to comply with the City Code and the legal ramifications
for a violation thereof. If signed by the owner, said owner being
a company, corporation or governmental or private agency, only a duly
authorized officer or administrator may sign the registration form.
B.
The City may require additional information, at any time, to clarify
or support the information provided on a registration form.
C.
The City will provide written confirmation to the owner or owner's
agent of registration or denial thereof.
Any and all changes in the registration information as required
by this article shall be provided in writing to the City within 30
days of the change in information. There is no additional fee for
submitting a change in registration information.
A.
Members of the Building Department and Code Compliance Officer are authorized and empowered to inspect or cause the inspection of each residential rental property within the City at any reasonable hour to determine compliance with this article and nuisances under Chapter 118.
B.
Notice of a scheduled inspection shall be given in writing to the
owner or person designated to receive notice and the primary occupant(s)
listed on the registration form a minimum of 10 days prior to the
date of inspection. Such notice shall be presumed to have been received
as of the time it was personally delivered to such person, or deposited
in the United States Mail via certified mail. The notice shall advise
the owner and occupant of their ability to reschedule the inspection.
Any request for rescheduling must be made at least 24 hours prior
to the scheduled inspection and the date of the rescheduled inspection
shall be confirmed in writing to both the owner or person designated
to receive notice and the primary occupant(s).
C.
If the residential rental property is found to be in compliance with
this article, no further action will be taken by the City. In the
event that an inspection shows that the residential rental property
does not comply with this article, the Code Compliance Officer 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 residential rental property shall be made to determine if the
residential rental property has been brought into compliance with
this article.
D.
Prior to entry, consent or refusal for an inspection (or reinspection)
of residential rental property shall be obtained from the occupant
of the residential rental property. In the event the residential rental
property is unoccupied, the owner shall have the right to consent
to or refuse an inspection. An owner or occupant may refuse an inspection
either before or at the time of the scheduled inspection. No adverse
action will be taken against an owner or occupant withholding consent
to inspect residential rental property. In the event of such refusal,
the City may petition the Circuit Court of McLean County for the issuance
of an administrative search warrant. A refusal of access includes,
but it is not limited to, a written denial of access, denial of entry
at the scheduled date and time of inspection or reinspection, absence
from the rental unit on the scheduled date and time of the inspection
or reinspection, or any action or nonaction taken by the owner and/or
occupant that demonstrates an intent to refuse an inspection or reinspection.
E.
Nothing in this section shall be construed to abridge or in any manner
interfere with the right and power of the City to respond to property
maintenance or other Code violation complaints received by the City.
Water billings for rental properties shall either be in the
name of the property owner, or in the name of the tenant with a guarantee
of payment by the property owner.
A.
The Building Department shall be responsible for maintaining all
residential rental property registration information and provide an
annual report to the City of the number of residential rental properties
in the City, the type of residential rental properties, and the number
of residential rental properties added to or deleted from the previous
registration report.
B.
The Building Department shall keep records of all complaints, inspections,
reports, and actions taken with respect to each residential rental
property.
Upon investigation, any residential rental property found not
to be in compliance with this article and not remedled as provided
for in this article, is hereby declared to be a public nuisance and
a violation of this article.
A.
Whenever, upon due investigation, it is determined that any residential
rental property constitutes a public nuisance, as set forth in this
article, the Building Department shall serve written notice upon the
owner of such property or person designated to receive notice, via
personal delivery or certified mail to the last known address of the
owner or the person designated to receive notice, directing the owner
to abate the nuisance and place the property in a condition which
does not endanger the health, safety or welfare of its occupants within
seven days. Notices shall be mailed to the address provided on the
registration form, and shall include information sufficient to identify
the violations or conditions to be remedied in order to bring the
property into compliance. If the owner or person designated to receive
notice, to whom such notice is addressed, cannot be found after diligent
inquiry, service may be made by posting a notice in or on the residential
rental property or by publication in a newspaper of general circulation
in McLean County for a period of three consecutive days.
B.
Whenever, upon the investigation, it is determined that the residential
rental property poses an imminent danger to the health, safety and
welfare of its occupants, such notice shall also be sent to the primary
occupant(s) listed on the registration form by personal delivery or
first class mail, and require the property to be vacated immediately
and not reoccupied until the specified repairs are completed and approved
by an authorized inspector.
C.
Upon the failure of the owner to abate the nuisance as set forth
in the notice to abate, the City in its discretion, in addition to
the imposition of a fine in accordance with this article, may seek
injunctive relief or other appropriate legal remedy.
D.
Notwithstanding the foregoing, the owner of a residential rental
property shall not be responsible for the abatement of a nuisance
if it is determined by an authorized inspector that the nuisance has
been caused by the current occupant(s) or the occupant(s) have refused
entry to the owner or person responsible for the maintenance of the
residential rental property for the purpose of correcting the nuisance.
If it is determined by an authorized inspector that the nuisance has
been caused by the current occupant(s) or the occupant(s) have refused
entry to the owner or person responsible for the maintenance of the
residential rental property for the purpose of curing the nuisance,
a notice to abate as provided in this section shall be served upon
the primary occupant listed on the registration form, and upon the
failure of the primary occupant to abate the nuisance, the City may
seek relief against the occupant(s) as provided in this article.
A.
Every person who fails to abate the nuisance, fails to register or
renew the registration of a residential rental property within the
applicable time period as prescribed in this article, or otherwise
violates this article shall, upon conviction thereof, be subject to
a fine of not less than $100, nor more than $750. A separate offense
shall be deemed committed for each day upon which the nuisance shall
continue or exist.
B.
The fines provided in this section shall not be construed to abridge
or in any manner interfere with the right and power of the City to
enforce any other action provided in this article, or to seek injunctive
relief or other appropriate legal remedy for a violation of this article.
The Code Compliance Officer may revoke the registration or certificate
of compliance of any residential rental property which is declared
a public nuisance and fails to remedy the violation(s) in accordance
with this article. Upon the revocation of the registration or certificate
of compliance of any residential rental property, the City shall provide
notice of the revocation in writing to all occupants and their obligation
to vacate the property.
Any person aggrieved by any decision or notice of an inspector may appeal to the Board of Appeals pursuant to the provisions of § 300-56 of this Code; provided, however, such appeals shall be made within 30 days of the action complained of.
In addition to all other provisions of the Lexington City Code,
all residential rental property shall be maintained to the following
standards:
A.
EXTERMINATION
HABITABLE SPACE
INFESTATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The control and elimination of insects, rats or other pests
by eliminating their harborage places; by removing or making inaccessible
materials that serve as their food; by poison spraying, fumigating,
trapping or by any other approved pest elimination methods.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
The presence, within or contiguous to, a structure or premises
of insects, rats, vermin or other pests.
B.
Health standards.
(1)
Sanitation. The exterior premises shall be maintained in a clean,
safe and sanitary condition.
(2)
Grading and drainage. All property shall be graded and maintained
to prevent erosion of soil and accumulation of stagnant water on the
property or within any structure located thereon.
(3)
Protective treatment. All exterior surfaces, including but not limited
to doors, door and window frames, cornices, porches, trim, balconies,
decks and fences, shall be maintained in good condition. Exterior
wood surfaces, other than decay-resistant woods, shall be protected
from the elements and decay by painting or other protective covering
or treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted. All siding and masonry joints as well as those
between the building envelope and the perimeter of windows, doors,
and skylights shall be maintained weather-resistant and watertight.
All metal surfaces subject to rust or corrosion shall be coated to
inhibit such rust and corrosion and all surfaces with rust or corrosion
shall be stabilized and coated to inhibit future rust and corrosion.
Oxidation stains shall be removed from exterior surfaces. Surfaces
designed for stabilization by oxidation are exempt from this requirement.
(4)
Foundation walls. All foundation walls shall be maintained plumb
and free from open cracks and breaks and shall be kept in such condition
so as to prevent the entry of rodents and other pests.
(5)
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface-coated where required to prevent deterioration.
(6)
Roofs and drainage. The roof and flashing shall be sound, tight and
not have defects that admit rain. Roof drainage shall be adequate
to prevent dampness or deterioration in the walls or interior portion
of the structure. Roof drains, gutters and downspouts shall be maintained
in good repair and free from obstructions. Roof water shall not be
discharged in a manner that creates a public nuisance.
(7)
Insect screens. During the period from April 1 to October 31, every
door, window and other outside opening required for ventilation of
habitable rooms, food preparation areas, food service areas or any
areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored, shall
be supplied with approved tightly fitting screens of not less than
16 mesh per inch (16 mesh per 25 mm) and every swinging door shall
have a self-closing device in good working condition. Exception: Screens
shall not be required where other approved means, such as air curtains
or insect repellent fans, are employed.
(8)
Guards for basement windows. Every basement window that is openable
shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
(9)
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Occupants shall keep that part of the structure which they
occupy or control in a clean and sanitary condition. Every owner of
a structure containing two or more rental units shall maintain, in
a clean and sanitary condition, the shared or public areas of the
structure and exterior property.
(10)
Interior surfaces. All interior surfaces, including windows
and doors, shall be maintained in good, clean and sanitary condition.
Peeling, chipping, flaking or abraded paint shall be repaired, removed
or covered. Cracked or loose plaster, decayed wood and other defective
surface conditions shall be corrected.
(11)
Accumulation of rubbish or garbage. All exterior property and
premises, and the interior of every structure, shall be free from
any accumulation of rubbish or garbage.
(12)
Infestation. All structures and exterior property shall be kept
free from insect and rodent harborage infestation. All structures
in which insects or rodents are found shall be promptly exterminated
by approved processes that will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
(a)
Owner. The owner of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
(b)
Single occupant. The occupant of a one-family dwelling shall
be responsible for extermination on the premises.
(c)
Multiple occupancy. The owner of a structure containing two
or more rental units shall be responsible for extermination in the
public or shared areas of the structure and exterior property. If
infestation is caused by failure of an occupant to prevent such infestation
in the area occupied, the occupant shall be responsible for extermination.
(d)
Occupant. The occupant of any structure shall be responsible
for the continued rodent and pest-free condition of the structure.
Exception: Where the infestations are caused by defects in the structure,
the owner shall be responsible for extermination.
(13)
Habitable spaces. Every habitable space shall have at least
one openable window. The minimum total glazed area for every habitable
space shall be 8% of the floor area of the room. The total openable
area of the window in every room shall be equal to at least 45% of
the minimum glazed area. Exception: Where rooms and spaces without
openings to the outdoors are ventilated through an adjoining room,
the unobstructed opening to the adjoining room shall be at least 8%
of the floor area of the interior room or space, but not less than
25 square feet (2.33 m2). The ventilation
openings to the outdoors shall be based on a total floor area being
ventilated.
(14)
Bathrooms and toilet rooms. Every bathroom and toilet room shall
comply with the ventilation requirements for habitable spaces as required
by § 23-40B(13) except that a window shall not be required
in such spaces equipped with a mechanical ventilation system. Air
exhausted by a mechanical ventilation system from a bathroom or toilet
room shall discharge to the outdoors and shall not be recirculated.
(15)
Process ventilation. Where injurious, toxic, irritating or noxious
fumes, gases, dusts or mists are generated, a local exhaust ventilation
system shall be provided to remove the contaminating agent at the
source. Air shall be exhausted to the exterior and not be recirculated
to any space.
(16)
Clothes dryer exhaust. Clothes dryer exhaust systems shall be
independent of all other systems and shall be exhausted in accordance
with the manufacturer's instructions.
(17)
Floor surface. In other than rental units, every toilet room
floor shall be maintained to be a smooth, hard, nonabsorbent surface
to permit such floor to be easily kept in a clean and sanitary condition.
(18)
Water heating facilities. Water heating facilities shall be
properly installed, maintained and capable of providing an adequate
amount of water to be drawn at every required sink, lavatory, bathtub,
shower and laundry facility at a temperature of not less than 110°
F. (43° C.). A gas-burning water heater shall not be located in
any bathroom, toilet room, bedroom or other occupied room normally
kept closed, unless adequate combustion air is provided. An approved
combination temperature and pressure-relief valve and relief valve
discharge pipe shall be properly installed and maintained on water
heaters.
(19)
Heating. Residential rental property shall be provided with
heating facilities capable of maintaining a room temperature of 68°
F. (20° C.) in all habitable rooms, bathrooms and toilet rooms
based on the winter outdoor design temperature for the locality indicated
in Appendix D of the International Plumbing Code. Cooking appliances
shall not be used to provide space heating to meet the requirements
of this section. Exception: In areas where the average monthly temperature
is above 30° F. (-1° C.), a minimum temperature of 65°
F. (18° C.) shall be maintained.
(20)
Heat supply. Every owner who rents residential rental property
on terms, either expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from October 1 to April
31 to maintain a temperature of not less than 68° F. (20°
C.) in all habitable rooms, bathrooms, and toilet rooms. Exceptions:
1) When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in Appendix D of the international
Plumbing Code; 2) In areas where the average monthly temperature is
above 30° F. (-1° C.), a minimum temperature of 65° F.
(18° C.) shall be maintained.
(21)
Removal of combustion products. All fuel-burning equipment and
appliances shall be connected to an approved chimney or vent. Exception:
Fuel-burning equipment and appliances which are labeled for unvented
operation.
(22)
Combustion air. A supply of air for complete combustion of the
fuel and for ventilation of the space containing the fuel-burning
equipment shall be provided for the fuel-burning equipment.
(23)
Energy conservation devices. Devices intended to reduce fuel
consumption by attachment to a fuel-burning appliance, to the fuel
supply line thereto, or to the vent outlet or vent piping therefrom,
shall not be installed unless labeled for such purpose and the installation
is specifically approved.
(24)
General. Duct systems shall be maintained free of obstructions
and shall be capable of performing the required function.
Should any provision, section, paragraph, sentence or word of
this article be rendered or declared invalid by any final court action
in a court of competent jurisdiction or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences
or words of this article shall remain in full force and effect.
