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Unless otherwise expressly stated or clearly indicated by context,
the following terms, as used in this chapter, shall have the meanings
indicated in this section:
The Le Roy City Code, as amended, all City rules, regulations,
and policies, and all state laws, rules, regulations, and policies.
The Code Compliance Officer (CCO) and his/her designee.
A building or portion thereof designed to be used as a residence;
a single unit providing complete independent facilities for the exclusive
use of a person or persons, including, but not limited to, provisions
for living, sleeping, eating, cooking, and sanitation. A dwelling
unit shall not include motels, hotels, nursing homes, boardinghouses,
hospital patient housing, or rooming houses.
The first inspection of a dwelling unit for the purpose of
determining compliance with the Code.
To permit, provide or offer possession or occupancy of a
dwelling unit to a person who is or who is not the legal owner of
record thereof, pursuant to a written or unwritten lease, agreement,
license, or similar instrument, or pursuant to a recorded or unrecorded
agreement or contract of sale for the premises.
A person occupying a dwelling unit or using the property
as a legal address for any purpose.
Any person, agent, operator, firm, or corporation having
a legal or equitable ownership interest in a property.
A corporation, firm, partnership, association, organization,
or any group acting as a unit or legal entity, as well as a natural
person.
A person, operator, firm, partnership, corporation, or other
legal entity designated in writing by the property owner on the owner's
certificate of compliance application.
Any inspection of a residential rental property that occurs
after the initial inspection.
Any dwelling unit let for occupancy to a person or persons
for any amount of rent or compensation and for use as a dwelling unit.
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A.
It shall be unlawful for any person to let to another for use or
occupancy any residential rental property without a current and valid
City-issued certificate of compliance.
B.
It is unlawful for any person to operate, maintain, or offer to rent
a residential rental property without first obtaining a certificate
of compliance from the City.
C.
It is unlawful for any person to occupy a residential rental property
that does not have a valid City-issued certificate of compliance.
D.
It is unlawful to allow any person to occupy a residential rental
property that does not have a valid City-issued certificate of compliance.
E.
It is unlawful for any person to violate any provision of this chapter.
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A.
A certificate of compliance will remain valid until the sooner of
any of the following occurs:
B.
A certificate of compliance may not be transferred between owners.
C.
A certificate of compliance may not be transferred from one residential
rental property to another.
D.
The owner must maintain the certificate of compliance on the premises
of the residential rental property for which the certificate was issued.
The owner shall produce the certificate of compliance at the City's
reasonable request.
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A.
Owners shall complete a certificate of compliance application on
a form provided by the City and provide all other information reasonably
requested by the City. At a minimum, owners shall provide the following
information for each residential rental property:
1.
Owner's legal name, home and business address, home, business,
and mobile telephone numbers, and email address;
2.
Property agent's legal name, business address, business and
mobile telephone numbers, and email address;
3.
The address of the residential rental property;
4.
The residential rental property's square footage;
5.
The legal name of each residential rental property's occupant;
and
6.
The application and inspection fee listed in Section 9-7-3.
B.
An owner shall submit a revised application to the City within 30
days of any modifications to the information the owner previously
provided on a certificate of compliance application.
C.
Applications for certificates of compliance shall be filed within
120 days of the effective date of this chapter. Thereafter, applications
for certificates of compliance shall be filed at least 30 days before
the certificate of compliance's expiration.
D.
Each certificate of compliance shall contain the certificate's
date of issuance, the owner's name, and the address of the residential
rental property that the certificate of compliance covers.
E.
Owners that fail to submit a certificate of compliance application
in accordance with the timeframes set forth in this section shall
be required to pay an application and inspection fee equaling 200%
of the application and inspection fee listed in Section 9-7-3.
F.
The City may issue a temporary certificate of compliance when, in
the opinion of the Code Official, none of the violations observed
threaten life-safety or health. A temporary certificate of compliance
may only be issued after the owner deposits with the city a cash bond
or cashier's check payable to the City in the amount of $500.
The City will retain the owner's cash bond or cashier's
check until the Code Official reinspects the property, determines
Code compliance, and issues a certificate of compliance. Temporary
certificates of compliance shall expire no later than 60 days after
issuance.
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A.
Upon submitting a certificate of compliance application, the owner
shall schedule with the City an inspection of the residential rental
property.
B.
Each inspection made by the Code Official shall be for the purpose
of determining compliance with the Code.
C.
The Code Official shall issue a certificate of compliance only upon
finding that there is no condition that would constitute a hazard
to the health and safety of the occupants and the residential rental
property is otherwise fit for occupancy. If such findings are not
made, the Code Official shall issue a notice to comply to the owner
or property agent. Upon reinspection and evidence of compliance, the
Code Official shall issue a certificate of compliance.
D.
The Code Official shall issue certificates of compliance on the condition
that the residential rental property remains in a safe, habitable,
and code-compliant condition. If upon reinspection the City determines
that conditions exist which constitute a hazard to the occupants'
health or safety, the City may immediately suspend or revoke the certificate
of compliance by mailing notice to the owner or property agent.
E.
The Code Official shall maintain a City-wide plan of all residential
rental properties occupied or held or offered for occupancy based
on certificate of compliance applications and other reasonably available
information.
F.
The Code Official shall establish and maintain a schedule of inspections
necessary to carry out the intent and purpose of this chapter.
G.
In the event an owner, property agent, or occupant of a residential
rental property refuses to allow the Code Official to inspect a residential
rental property, schedule a time to inspect the residential rental
property, or otherwise fails to comply with the Code, the City reserves
all remedies to secure compliance with this chapter, including, without
limitation, seeking an administrative search warrant or suspending
or revoking an owner's certificate of compliance.
H.
Violations discovered during inspection shall be identified in a
written notice to the owner or the property agent. If the identity
of the owner cannot be readily ascertained, the notice shall be mailed
to the last taxpayer of record shown on the records of the McLean
County Treasurer and Tax Collector. Violation notices shall be mailed
to the owner or property agent within 30 days of their discovery by
the Code Official.
I.
The Code Official shall complete as many reinspections as are reasonably
necessary to ensure that appropriate corrective action has been taken
to bring the residential rental property into compliance with the
Code.
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A.
Any person receiving a violation notice pursuant to this chapter,
any person denied a certificate of compliance, or any person whose
certificate of compliance has been suspended or revoked shall have
the right to appeal to the Zoning Board of Appeals. Such an appeal
shall be in writing and filed with the Code Official within 14 days
of the date of the Code Official's action. The appeal shall contain
a complete statement of the reasons for the appeal, the specific facts
supporting the appeal, and all evidence the appellant intends to rely
on to support the appeal.
B.
The Zoning Board of Appeals shall schedule a meeting to consider
the appeal within 30 days of receiving the appeal. The Zoning Board
of Appeals may consider all facts, evidence, and testimony presented
by the appellant and the Code Official, and all other information
the Zoning Board of Appeals determines to be relevant to the appeal.
C.
The Zoning Board of Appeals shall send written notice of its decision
to the owner within 30 days of hearing the appeal.
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Nothing in this chapter shall restrict, limit, or alter the
City's authority to inspect any property nor impose penalties
for violations of the Code.
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A.
In addition to any other remedy, including, without limitation, remedies
at law and in equity, any person violating the terms of this chapter
shall be fined not more than $750 for each day the violation continues
nor less than $100 for each day the violation continues. Each day
a violation continues shall be a separate offense.
B.
Every act or omission by any person that constitutes a violation
of this chapter shall be deemed to be an act or omission of the owner
and punishable in accordance with the terms of this chapter.
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The Code Official shall begin enforcement of this chapter in
the C-1 Central Commercial zoning district. Upon direction from the
City Administrator, the Code Official shall expand enforcement to
other areas of the City.
