Midlothian CHAPTER 19 RESIDENTIAL RENTAL HOUSING § 4-19-5

Violations of this chapter and fines shall be as stated in this chapter or, if not stated in this chapter, as specified in title 1, chapter 4 of this code.


(A) Time Limit For Removal: When a licensing inspection of residential rental housing reveals any violations of applicable codes, ordinances or laws, a compliance time frame will be set by the inspector. In establishing a compliance time frame, the inspector shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The village shall 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. The date upon which the licensing reinspection will occur.


4. An explanation that, if upon completion of the licensing reinspection, the requirements of applicable village codes have not been met, the residential rental housing license may be suspended or revoked.


(B) Immediate Action: Notice of violations involving imminent danger to the life, safety, health, welfare and/or property of the landlord and/or tenants as well as that of the general public, may be made by any means reasonably calculated to provide actual notice, which shall include, but not be limited to, personal delivery, registered or certified mail, or posting of an appropriate notice on the premises.


(C) Occupancy Denial: In the case of imminent danger or fire hazard, structural failure or danger of imminent collapse, interruptions or failures in plumbing, heating, electrical systems, or other hazardous health situations, the village may order immediate repair or correction and may order the premises vacated pending such repair or correction.


(D) Citation Issuance: If, at the conclusion of the period established for corrective action, the violation has not, in the village's reasonable judgment, been satisfactorily corrected, then the village may issue citations in accordance with provisions of this code, suspend or revoke the license for the affected unit or units, and have the rental unit(s) vacated. Citations for local municipal violations are adjudicated pursuant to chapter 20 of this title.


1. Units vacated under this subsection shall be posted with signs indicating that the unit has been determined to be "illegal", or if applicable "unfit for habitation" and that occupancy is prohibited until the rental unit has been inspected to verify that the violation has been corrected.


2. Any person who defaces or removes a posted sign as described in subsection (D)1 of this section without the approval of the village shall be in violation of this code.


(E) Time Limit To Vacate A Building Or Unit: If notification has been presented to the landlord that the property is not properly licensed or that the license has been suspended or revoked, the landlord shall vacate the rental property or properties within sixty (60) days of notification.


1. If said property is not vacated within the sixty (60) day period, the landlord will be responsible for all fines as set forth in this chapter. Citations will be issued with a mandatory court appearance. Fines imposed upon rental property owners who have initiated statutory eviction proceedings against tenant(s) pursuant to the crime free housing program, shall be waived so long as such eviction proceedings are pending and being actively pursued. This waiver does not relate to fines resulting from property maintenance violations.


2. Notification will be either personally delivered or mailed to the landlord or property agent as listed on the most recent registration application. The following notice to the tenants and occupants will be posted:


1. You are hereby notified that the license for this structure has been revoked or the owner has failed to license this residential rental property pursuant to Title IV Chapter 19 of the Village of Midlothian Code.


2. You must vacate this structure within sixty (60) days of the date of this notice.


3. If you fail to vacate this structure, you will be in violation of this above referenced Ordinance and subject to penalties and fines with a minimum of $100.00 and a maximum of $750.00 for each day you are found to be in violation with a mandatory court appearance.


(F) "Crime Free Rental Housing": The landlord or managing agent will be in violation of this code if he/she has not complied with all "crime free housing program" requirements as stated in section 4-19-8 of this chapter. The chief of police or his/her designee shall designate a crime free rental housing coordinator, who shall be responsible for conducting the crime free housing seminars and maintain a list of the attendees and their dates of attendance.


(G) Unfit Properties:


1. The village may prohibit persons from entering or occupying, except for repair related activity, any rental unit, building or structure, including utility and out buildings, found to be unfit, found not to comply with village codes or ordinances, or that poses dangerous, unsafe, or unhealthy conditions for the building's occupants, passersby, or the general public.


2. Unfit properties shall be posted with appropriate language that does not permit occupancy. Any person, not the owner, who enters, occupies, uses or any person, including the owner, who permits others to enter, occupy or use the structure after such a posting shall be charged with trespassing pursuant to section 6-8-23 of this code. Each day the rental unit building or structure is entered, occupied or used following such a posting shall be considered a separate offense. (Ord. 1722, 5-12-2010)