Carbondale Title 4 Ch. 4 Housing Code § 4-4-15

A. Housing Surveys: The Building and Neighborhood Services Division is hereby authorized to make surveys in any area of the City to determine the general condition of structures used for human habitation, the extent of any deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, the extent of overcrowding and land use, and any other matters relating to the provision and requirements of this chapter.


B. Inspection Of Dwellings; Access: In order to safeguard the health, safety, and welfare of the public, an officer, employee or agent of the Division of Building and Neighborhood Services of the City is hereby authorized to make exterior and interior inspections of dwellings, dwelling units, rooming houses, rooming units, hotels, motels, multiple dwellings and premises, when the same shall appear necessary to determine the condition thereof and the compliance or noncompliance with the provisions of this chapter. Immediate access to and entry to any such dwelling, dwelling unit, rooming house, rooming unit, hotel, motel, multiple dwelling or premises, shall be afforded any such officer, employee or agent in the case of an emergency determined by the Division of Building and Neighborhood Services to exist. No such access and entry shall be required, however, unless such officer, employee or agent shall first exhibit his identification to any person entitled to the same. Every owner, owner's agent, an occupant of a rental dwelling(s) shall provide access to the rental dwelling(s) as required by section 4-4-16 of this chapter. If any owner of any owner occupied dwelling unit 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 Division of Building and Neighborhood Services may, upon a showing that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this section with respect to such dwelling unit or premises, petition and obtain such order from a court of competent jurisdiction. Whenever inspections of any rental dwelling units are made by the Division of Building and Neighborhood Services and there are no violations, a Housing Code certificate of compliance shall be issued to the property owner or owner's agent and should be made available by the owner or the owners' agent to tenants and prospective tenants. If upon subsequent inspections, violations of this Code are found, this certificate shall be surrendered to the City. The certificate of compliance shall be substantially in the following form:


CITY OF CARBONDALE


HOUSING CODE CERTIFICATE OF COMPLIANCE





On , the undersigned conducted an inspection of , unit then owned by and found no violations of the Housing Codes of the City of Carbondale. Under the Zoning Title of the City Code, permitted occupancy as of that date of .








Housing Inspector


(Ord. 93-73)


C. Notice Of Violations: Except as hereinafter in this section provided, in those instances where the division of building and neighborhood services shall determine that there exists a violation of sections 4-4-1 through 4-4-16 of this chapter or any rule or regulation adopted pursuant thereto, written notice of such violation shall be given the person alleged to have committed the same. In the case of rental dwellings, notice of violation shall be given to the owner or the owner’s agent and the occupant of the rental dwelling or unit. Such written notice shall state the alleged violation and a legal description or local address of the structures in violation. It shall state that such violation must be corrected within 30 days for non-life/health/safety repairs and within 7 days for life/health/safety repairs, and shall inform the person to whom the notice is directed of the right to apply for a hearing before the building board of appeals, as hereinafter provided. Such notice may be personally served on the person to whom addressed or may be sent by first class, registered, or certified mail, to the last known address of the addressee. Such service by mail shall be deemed to have been served at the time of the posting thereof. In the event notice by personal service or by mail in the manner aforesaid is not possible, service may be had by posting a placard copy of such notice in a conspicuous place in or about the building, structure or premises in question. Notwithstanding anything to the contrary, notice may be given in any other manner permitted by law in the service of process in civil cases. Any notice given under the provisions of this section shall operate as and shall become a final order without further action being necessary upon the expiration of fourteen (14) days from and after the effective date of service of such notice unless, within such fourteen (14) day period, a request for an appeal thereon is filed in the manner provided in chapter 14 of this title. (Ord. 2003-38)


D. Housing Board Of Appeals: (Rep. by Ord. 2003-38)


E. Unfit Dwelling Units: In addition to any other rights and powers granted the building and neighborhood services division under the provisions of sections 4-4-1 through 4-4-16 of this chapter, the building and neighborhood services division may designate and find unfit for human habitation any dwelling, dwelling unit, rooming house, hotel, motel, rooming unit, multiple dwelling or premises and may so placard the same, in the manner described in subsection C of this section upon determining that one or more or all of the following conditions exist:


1. The building, structure or premises lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or of the public;


2. The building, structure or premises is damaged, decayed, unsanitary, unsafe or vermin infested in such a manner and to such extent as to create a serious hazard to the health and safety of the occupants or of the public;


3. The building, structure or premises, because of the location thereof, the general conditions existing, the state of the premises or number of occupants, is so unsanitary, unsafe, overcrowded or otherwise detrimental to the health and safety that it creates a serious hazard to the health and safety of the occupants or of the public.


F. Notice Of Intent To Vacate: Whenever the building and neighborhood services division determines that a dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling, is unfit for human habitation as provided in subsection E of this section, it shall include such findings within the notice of violations provided for in subsection C of this section, and it shall also include a statement of its intent to vacate and placard the dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling, if compliance with the provisions of the notice of violation has not been secured.


G. Order To Vacate: Whenever a notice of violation, as provided for under subsection C of this section, has not been complied with or where an appeal has not been requested, the building and neighborhood services division may order the dwelling to be vacated. A copy of such notice to vacate shall be served on the owner, agent, operator or the occupant, as provided in subsection C of this section.


H. Vacating An Unfit Dwelling: Any dwelling or dwelling unit, rooming house, rooming unit, or multiple dwelling designated as unfit for human habitation pursuant to subsection E of this section and ordered vacated as provided in subsection G of this section, shall be vacated within such reasonable time as the building and neighborhood services division may specify in the order. No such dwelling, dwelling unit, rooming house, or multiple dwelling shall again be used for human habitation and the placard removed until written approval is secured from the building and neighborhood services division.


I. Removal Of Placard: No person shall deface or remove the placard from any dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling which has been designated as unfit for human habitation, except as provided in subsection H of this section.


J. Vacated Dwellings Made Secure: The owner, agent, or operator of any dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling shall make such dwelling, dwelling unit, rooming house, rooming unit, or multiple dwelling safe and secure in whatever manner the building and neighborhood services division shall deem necessary. Any vacant building, open at the door and windows, if unguarded shall be deemed dangerous to human life and a nuisance within the meaning of this provision.


K. Power To Act In Emergencies: Notwithstanding the notice of violation provisions of this section, as provided by subsection C of this section, whenever the building and neighborhood services division, at any time, shall determine that a violation of sections 4-4-1 through 4-4-16 of this chapter exists and that such violation is of such a nature as to require immediate action to abate a hazard or immediate danger to the health, safety, morals or welfare of the occupants of any building or structure or of the public, the building and neighborhood services division may, without any notice and without any hearing, issue an order citing the violation and ordering the immediate abatement or removal or correction of such hazard or danger as the building and neighborhood services division appears necessary and proper. Such order may include, but is not limited to, an order to vacate the building, structure or premises in question. Any order issued under the provision of this subsection shall be and become effective immediately upon the issuance thereof. The powers granted by this subsection shall be in addition to any and all other rights and powers granted by law.


L. Transfer Of Interest In Certain Property: No person having any interest in any property that is described in any notice of any violation of sections 4-4-1 through 4-4-16 of this chapter or any order issued under sections 4-4-1 through 4-4-16 of this chapter shall sell, transfer, grant, convey, mortgage, lease or otherwise dispose of any such interest in said property so long as any such violation continues to exist, unless, such person having the right to sell, transfer, grant, convey, mortgage, lease or otherwise dispose of such interest in said property shall first furnish to the intended purchasee, transferee, grantee, donee, mortgagee, lessee or other intended recipient of such property interest a true and exact copy of such notice in order and concurrently therewith furnish the building and neighborhood services division with the names and addresses of all such parties. (Ord. 84-103)


M. Records: All requests to inspect and/or copy records or documents prepared, maintained as under the control of the city shall be made in accordance with city ordinance 2010-04, freedom of information act 1 .


N. Water Holds:


1. The City shall put a hold on a water account when:


a. The City has provided written notice of a Notice of Violation to the property owner or manager by:


(1) Personal delivery;


(2) Placement in the United States mail with sufficient first class postage affixed and addressed to the appropriate entity determined by the rental registration application for the property; or


(3) Sent to an email address previously used for communication by the property owner or manager; and


b. A property owner or manager fails to make repairs by the required date on any notice of violation after an inspection; and


(1) There is no longer a tenant residing at the property; and


(2) Proper Notice of the Water Hold with a Final Notice of Violation are served on said property owner or manager by service in accordance with the service options listed in section 1 above, and after the fourteen (14) day right to appeal period, the specific in the final notice of violation still have not been made.


2. Right to Appeal: The property owner will have fourteen (14) days from the date of service of said Notice of Water Hold with a Final Notice of Violation to request a hearing by submitting a written request to the Carbondale City Attorney’s Office.


a. The date of service shall mean:


(1) The day the notice of the water hold with a final notice violation is delivered to the property owner or manager by personal delivery; or


(2) Three (3) days after the placement of the notice in the United States mail with sufficient first class postage affixed and addressed to the appropriate entity determined by the rental registration application for the property (e.g. If the notice is placed in the mail on the 5th day of month the fourteen (14) day period will begin to be counted from the 8th day of the month and will end on 22nd day of the month); or


(3) The day it is sent by email to the email address previously used for communication by the property owner or manager without any notice of failure to send the email.


b. Placing a water hold/removal of a water hold: After said fourteen (14) day period, the water department shall put a hold on the water account, the property must be properly posted occupancy prohibited, and said hold and occupancy prohibited signage shall not be removed until said property owner or manager shows a certificate of completion for that address issued by the Building and Neighborhood Services Division.


c. Enforcement of Water Hold: If a property owner or manager removes said occupancy prohibited sign or allows a tenant in said property before receiving a certificate of completion, they shall be fined not less than two hundred and fifty dollars ($250.00) and not more than seven hundred fifty dollars ($750.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues to occur due a tenant remaining on the premises. (Ord. 84-103; Ord. 2010-04; Ord. 2022-13)






Notes
1 1. 5 ILCS 140/1 et seq.