Justice Ch. 8 Art. XII Annual Inspection for Residential Apartment Units (§§8-501–8-516) § 8-503

As used in this article:


Action: Recoupment, counter claim, set off, suit at law or in equity, and any other proceeding in which rights are determined, including an action for possession and/or an action for unpaid rent.


Code: Any state statute, village ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit.


Conditional License: Any license issued to a premises which has a violation or violations of applicable regulations.


Dwelling Unit: One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate bathroom and facilities for cooking and sleeping.


Fair Rental Value: The prevailing value of comparable rental units in the village.


Inspection Group: That portion of a building or those buildings within an apartment complex as may be under the same legal and/or beneficial ownership.


Landlord: The owner, lessor or sublessor of the dwelling unit or the building of which it is a part.


Multi-Family Rental Structure: A building which contains two (2) or more dwelling units. For the purposes of this article, multi-family includes, but is not limited to, any structure with two (2) or more units that houses different families of origin. Townhomes, rental condominiums, and two-flats that house distinct families, either related or unrelated, fall under this article, irrespective of whether actual rent is charged that family.


Notice: Unless otherwise stated, all notices required herein shall be in writing and shall be served by one (1) party upon the other by registered or certified mail, return receipt requested, or personally upon the landlord, lessee or member of his household over the age of twelve (12).


Owner: One (1) or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or all or part of the beneficial ownership and a right to present use and enjoyment of the premises, including a mortgage holder in possession. If owner is unknown, required notices under this article shall be served to the address listed with the village for billing for village services.


Person: An individual or a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, receiver, mutual company, joint-stock company, unincorporated organization, fiduciary, or any other legal or commercial entity.


Premises: A dwelling unit and the structure of which it is a part, and facilities and appurtenances therein, and grounds, areas and facilities held out for the use of tenants.


Rent: All payments to be made to the landlord under the rental agreement.


Rental Agreement: All written agreements and valid rules and regulations adopted pursuant to agreement, embodying the terms and conditions concerning the use and occupancy of a specified dwelling unit and premises.


Rental Unit: A dwelling unit in a multi-family rental structure occupied or available for occupancy by one (1) or more persons, other than the owner of record, under a rental agreement.


Tenant: A person entitled under a rental agreement to occupy a rental unit.


Term Usage: Whenever herein the term “person”, “landlord” or “tenant” is used in the masculine or singular form, said term shall also include and refer to the feminine or plural form.


Village: The village of Justice.


Warning Condition: A deviation or variance from the standards of the property maintenance code which typically does not threaten the health or safety of the residents in a structure which is otherwise in good repair. It is recognized that such conditions, in sufficient number, may become a threat to the welfare of the village. Warning conditions shall not disqualify an inspection group from participating in the incentive program unless at the time of an annual or other inspection the inspection group has a total number of warning conditions that exceeds the number of units in the inspection group; and all of those warning conditions are corrected within six (6) months of the inspection. If all of the warning conditions are not corrected within the six (6) month time period, the inspection group may become subject to the regular schedule and the unresolved warning conditions may be deemed violations which may lead to revocation.


Examples of warning conditions are:


(1) Small nonstructural crack in wall or ceiling;


(2) Screen with a tear or hole less than one-half inch (1/2");


(3) Loose but functioning doorknob;


(4) Dripping faucet;


(5) Crack less than one-half inch (1/2") in width and hole less than three inches (3") in diameter in walkway;


(6) Nonfunctioning closet door;


(7) Loose hinge on cabinet door;


(8) Minor peeling paint occurring on less than five percent (5%) of painted surface;


(9) Tree or bush branches scraping against a structure;


(10) Other nonsafety related condition that is consistent with the definition and character of these examples.


(Ord. 98-10, § 1, 3-9-1998; Ord. 2003-17, § 1, 5-27-2003; Ord. 2016-20, § 1, 5-23-2016)