[Added 12-16-2024 by Ord. No. 12-16-24A]
Unless otherwise expressly stated or clearly indicated by context, the following terms shall have the meanings indicated in this section:
CODE
Means the Municipal Code of the City of Mendota as amended, including but not limited to the codes adopted by § 129-22 of the Municipal Code of the City of Mendota.
CODE OFFICIAL
Means the Director of the Mendota Building and Fire Safety Department or his or her designees.
DWELLING UNIT
Means 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, bed-and-breakfasts, nursing homes, boardinghouses, hospital patient housing, or rooming houses.
INITIAL INSPECTION
Means the first inspection of a dwelling unit to determine if a nuisance exists as defined by this Code.
LET FOR OCCUPANCY or LET
Means 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 verbal lease, agreement, license, or similar instrument, or pursuant to a recorded or unrecorded agreement or contract of sale for the premises.
NUISANCE
A. 
Means a condition which adversely affects health, safety, welfare, and security of the public. "Nuisance" includes all those conditions contained in the City Code of the City of Mendota, and the following non-exclusive provisions which apply to rentals:
(1) 
Failure to have operable smoke and carbon monoxide detectors in appropriate areas;
(2) 
Failure to have two means of egress;
(3) 
Failure to have exterior doors with functioning locks;
(4) 
Failure to have access to hot and cold water and properly operating sewer service;
(5) 
Failure to have safe operable electrical and heating systems; failure to have leakproof roofs;
(6) 
Failure to have operating stove, oven, and refrigerators if provided by owner;
(7) 
Failure to fix holes in floors, walls or ceilings;
(8) 
Failure to have safe building structure including handrails, stairs, balconies, floors and sound exterior structure;
(9) 
Failure to remove mold or mildew;
(10) 
Violation of any applicable code adopted by the city in § 129-22 of the Municipal Code of the City of Mendota;
and all other conditions which could endanger or harm the occupants or the public.
B. 
This list is not exclusive and other conditions may constitute a nuisance as defined by the various applicable codes.
OCCUPANT
Means a person occupying a dwelling unit or using the property as a legal address for any purpose.
OWNER
Means any person, agent, operator, firm, or corporation having a legal or equitable ownership interest in a property.
PERSON
Means a corporation, firm, partnership, association, organization, or any group acting as a unit or legal entity, as well as a natural person.
PROPERTY AGENT
Means 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.
RE-INSPECTION
Means any inspection of a residential rental property to determine if a previously documented nuisance has been abated.
RESIDENTIAL RENTAL PROPERTY
Means 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.
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 landlord certificate of registration.
B. 
It is unlawful for any person to violate any provision of this chapter.
C. 
It is unlawful for any person to maintain a nuisance on any residential rental property. For purposes of this chapter the owner and tenant shall be jointly and severally liable for maintenance of a nuisance on the residential rental property.
A. 
An annual landlord certificate of registration will remain valid until the sooner of any of the following occurs:
(1) 
The City revokes or suspends the landlord certificate of registration in accordance with this chapter;
(2) 
August 31 has passed as all certificate of registrations will be renewed annually;
(3) 
The residential rental property is damaged or destroyed to the extent that is no longer habitable;
B. 
A landlord certificate of registration may not be transferred between owners.
C. 
A landlord certificate of registration may not be transferred from one residential rental property to another.
D. 
The owner must maintain the landlord certificate of registration. The owner shall produce the landlord certificate of registration at the City's reasonable request.
Owners shall complete a landlord certificate of registration 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:
A. 
Owner's legal name, home and business address; business and mobile telephone numbers, and e-mail address;
B. 
Property agent's legal name, business address, business and mobile telephone numbers, and e-mail address;
C. 
The address of the residential rental property;
D. 
The residential rental property's type, number of bedrooms, bathrooms, and laundry and parking information;
E. 
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 registration application.
F. 
Initial rental registrations shall be filed within 120 days of the effective date of this article. Thereafter, applications for landlord certificates of registration shall be filed before the property is leased and annually by August 31.
G. 
Each landlord certificate of registration shall contain the certificate's date of issuance, the owner's name, and the address of the residential rental property that the certificate of registration covers.
H. 
Any owners who fail to submit a landlord certificate of registration application in accordance with the time frames set forth in this article shall be required to pay an application fee of $100 and may be subject to an inspection fee not exceeding $100.
A. 
Complaints that a residential rental property within City limits contains a nuisance as defined by this Code shall be made at the Mendota City Clerk's office where forms may be available if the complainant desires to make a complaint in writing. The complaint may be verbal. The Code Official shall review the complaint to determine if the complaint includes a description of a nuisance as defined by this Code. A complaint may also be initiated by a Code Official if he or she has knowledge of facts which would lead a reasonable person to believe a nuisance exists in a residential rental property.
B. 
In the event of a complaint, the Code Official will notify owners to request an initial inspection. The Code Official will also request the consent of the occupant of the dwelling. If consent is withheld from either the owner or the occupant the Code Official shall request an administrative search warrant from a judge of the La Salle County Circuit Court. If, after an inspection of the dwelling, no nuisance exists, no further action will be taken. If non-compliant the owner will have 30 days to comply and three days if it threatens the health or safety of the occupant.
C. 
There will be no cost for an initial inspection due to a complaint. Re-inspections due to failure of the initial inspection will be charged a fee of $100 for each inspection thereafter until the nuisance is abated. If consent is not obtained from the owner or occupant for a re-inspection, an administrative search warrant shall be obtained.
The City Code Enforcement Officer or the City Attorney may file a complaint against any person for violation of this chapter. Any person found guilty of creating or maintaining a nuisance, or violating this chapter, shall be subject to a fine or penalty not to exceed $750. Each day any nuisance or violation continues following shall be a separate offense subject to a daily fine not to exceed $750. If the nuisance is not abated as set forth in this Code, the certificate of registration for that dwelling shall be revoked.
Any person, company, corporation or other entity denied a certificate of registration, or any person whose certificate of compliance has been suspended or revoked, shall have the right to appeal pursuant to the City of Mendota Administrative Adjudication Ordinance. Such appeal shall be in writing and filed with the City with the Code Enforcement Officer within 14 days of the code official's action. This 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 present on appeal. The Administrative Adjudication Official shall hear the appeal at the next available City of Mendota Adjudication Hearing scheduled.