Berkeley CHAPTER 18 RENTAL RESIDENTIAL HOUSING CODE § 10-18-10

A. When a licensing or other inspection of a licensed rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the code official. In establishing a compliance time frame, the code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The code official shall serve or send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following:


1. Description of the property sufficient for identification;


2. A statement listing the violations of applicable codes;


3. A statement of the date upon which a reinspection will occur; and


4. An explanation that if, upon completion of the reinspection, the requirements of applicable village codes have not been met, the license for the rental residential property will be denied or suspended and/or a complaint filed against the owner in the circuit court.


B. A reinspection will be conducted at the end of the compliance time frame.


1. If any violation is not corrected, the code official may issue a written notice extending the time to correct the violations if there has been a good faith effort to correct the violations and the failure to do so was due to factors beyond the control of the owner.


2. If the code official finds that the requirements of applicable village codes have not been met upon the completion of such reinspection, the license for the rental residential property shall be suspended.


3. A license may also be suspended when any information provided in the license application is determined by the code official to be false or when the licensee is convicted by a court of a violation of any property maintenance regulations.


4. In the alternative, the code official may request the village attorney to file a complaint against the owner in the circuit court.


C. When a license is suspended, the code official shall personally serve or send notice to the property or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested. The notice shall include the following:


1. Description of the property sufficient for identification.


2. A statement of the reasons for suspension.


3. An explanation of the property owner's right to reinspection prior to revocation.


If the property owner changes his address or changes property agents and fails to notify the code official, such notice shall be sufficient if sent by certified mail to the owner or his property agent's last address provided on the last license application.


D. A property owner whose license has been suspended may request a reinspection prior to revocation. If, upon reinspection, the code official finds that the licensed property in connection with which the notice was issued is now in compliance with this chapter, including the payment of all outstanding fees, the code official may reinstate the license. The request for a reinspection shall not stay the revocation of the license unless the code official grants such request pursuant to a showing of good cause by the property owner.


E. A license may also be revoked when, in the opinion of the code official, emergency conditions exist in a rental residential property that require the immediate vacating of a structure as specified in the village's property maintenance code.


F. A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter.


G. Whenever a license is revoked, the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by registered mail, return receipt requested. The code official shall also notify all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following:


1. You are hereby notified that the license for this structure has been revoked pursuant to Title 10, Chapter 18 of the Berkeley Village Code.


2. You must vacate this structure within 45 days of the date of this notice.


3. If you fail to vacate this structure, you will be in violation of the Berkeley Village Code and subject to penalties of fines with a minimum of $100.00 and a maximum of $1,000.00 for each day you are in violation.


H. Whenever an owner or property agent of a rental property fails to license said property, the code official shall notify all tenants of the rental property by posting a notice on all entrances to the rental property indicating the following:


1. You are hereby notified that the owner or agent of this rental structure has failed to license this rental property in violation of the Berkeley Village Code.


2. You must vacate this structure within 45 days of this notice.


3. If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of $100.00 and a maximum of $1,000.00 for each day you are in violation.


(2016 Code)