Countryside Title 8 Ch. 14 Residential Rental Housing § 8-14-3-6

A. Required regular and systematic inspections, including any initial inspections and re-inspections, of all rental real property shall be conducted in accordance with the following provisions by the Building Department, which may also be accompanied by the Pleasantview Fire Protection District:


Exception: Owner occupied dwelling units.


B. The Building Department shall inspect all common areas in residential apartment buildings, including all interior units areas every three years (tri-annual) except owner occupied units. In the case of a two-dwelling building, the inspection shall include all common areas, both units and any utility space serving the rental unit(s). Single family residence will include all interior areas. All residential rental properties will have all exterior areas of property and accessory structures inspected.


C. It shall be the responsibility of the legal owner(s) or the managing agent to provide access to all required areas of the real property for all required inspections and to provide any tenants or occupants with all notices that may be required by lease agreements and/or in accordance with applicable law.


D. No rental real property within the City of Countryside shall be sold unless the seller furnishes the buyer with a report of presale inspection no more than one hundred twenty (120) days prior to the closing and no later than the day of the closing on the sale of the property. Said report of presale inspection shall be based on an inspection by the Building Department and shall be issued by same. The report shall state that the real property complies with all applicable building and zoning regulations of the City, or, in the alternative, list the building and zoning violations. The request for a presale inspection must be made at least two (2) weeks prior to the scheduled date of the closing. An inspection made pursuant to this subsection shall satisfy the inspection requirements of subsection A of this section for the calendar year in which the real property was transferred. A sale for purposes of this section includes contract sales, exchanges, conversions to condominiums and transfers of possession or control of the real property. A person participating in such a sale in violation of this section, either as a seller or by receipt of a sales commission in connection therewith, shall be deemed in violation and be subject to the penalties as provided in this Code. Any contract executed in violation of this section shall be voidable by the buyer.


E. Whenever, upon inspection of any real property, or upon review of any reports required to be provided by Title 8-14-4 of this chapter, it is determined by the appropriate officials of the City that conditions or practices exist which are in violation of the provisions of this or any applicable ordinance of the City, the official making the determination shall serve the legal owner(s) or agent with a notice of violation. Such notice shall identify the specific violations and state that unless they are corrected within the time specified in the notice, the license may be suspended. Notice pursuant to this section shall be sent by mail to the party designated in the application to receive notices and process or delivered by the Building Department in person to a representative of a managing agent at the real property.


F. At the end of the time allowed for correction of any violation(s) cited, the real property or any portion thereof shall be re-inspected by the Community Development Department in accordance with section of this chapter. If, at the completion of re- inspection, it is determined that any violation(s) have not been corrected, the Building Department may issue an order suspending or denying the issuance of a license. Tenant caused violations may not be considered grounds for suspension of license as long as the legal owner(s) cooperate in gaining compliance.


G. Any legal owner(s) whose license has been suspended or denied and/or requirement of vacating the property (unless declared imminent danger) shall be given the opportunity to be heard by the City Mayor in connection with the cited violations and/or the suspension of a license. However, if no written request for hearing by the City Mayor reaches the Community Development Department within seven (7) days following the issuance of the order of suspension, denial or property vacating, the license shall be deemed revoked and the legal owner(s) shall be required to re-start the application process in accordance with this Code. The City, as a result of such hearing, may grant additional time for correction of violations and additional re- inspections by the Building Department or may revoke the license. Prior to revocation, any person whose license has been suspended and has submitted a request for hearing in accordance with this section may request one re-inspection subject to the fees set forth in section 8-14-3-5 of this chapter upon a showing that all violations cited in the notice have been corrected. The Building Department will then determine whether the violations have been corrected and will report back to the City Council.


H. If, upon re-inspection and proof of payment of all applicable fees owed to the City of Countryside, it is determined by the City Mayor that the violations cited in the notice have been corrected, the license shall be reinstated. A request for re-inspection shall not exceed the twenty one (21) day suspension period unless the official responsible for sending the violation notice so requests.


I. If the licensee is convicted of a violation of any applicable ordinance of the City of Countryside in connection with the licensed real property, then the license shall be subject to revocation without further notice.


J. In the event a condition of extreme hazard to health or safety is found to exist, the City of Countryside may immediately revoke the license.


K. Each day that a rental real property operates without a license shall constitute a separate violation of this Code subject to fine, as provided in section 8-14-1-8-4 of this Code.


L. Any licensee violating any of the provisions of this chapter shall be subject to a fine as provided in section 1-4-1 of this Code.


M. In addition to any fine or other penalty provided in section 1-4-1 of this Code, the City of Countryside may seek and obtain an order of court directing the abatement of any violation as provided in section 1-4-4 of this Code. (Ord. 18-03-O, 2-7-2018; amd. Ord. 21-36-O, 9-22-2021)