Mount Pulaski CHAPTER 6 RENTAL HOUSING NOTIFICATION AND INSPECTION PROGRAM § 4-6-1

A. Inspection Required; Definitions:


1. Inspection Of Property: No person shall lease, let, or otherwise allow, the use of any property as a rental dwelling within the city unless that property has been inspected by the building inspector.


2. Inspections Prior To Enactment: Inspections made prior to the enactment of this section shall be considered an inspection under this section.


3. Definitions:


BUILDING INSPECTOR: The building inspector of the city or any of his/her employees or agents.


OWNER: Any person or legal entity who has a full or partial ownership interest in a rental dwelling either by deed, including life estate deed, or land installment contract (contract for deed).


RENTAL DWELLING: A unit of residential real estate not occupied by an owner which is leased, let or otherwise allowed to be used for residential purposes in exchange for consideration. Separate dwelling units of the same building shall be considered separate rental dwellings. There is a rebuttable presumption that residential real estate that is not occupied by an owner is a rental dwelling. This presumption may be rebutted by clear and convincing evidence.


B. Inspections Authorized:


1. The building inspector is hereby authorized and obligated to conduct inspections of any and all rental dwellings, or units thereof, within the city to determine compliance with the standards and regulations set forth in this code.


2. The building inspector is hereby authorized to enter, examine and survey all rental dwellings within the city. All inspections shall occur at reasonable hours except in emergency situations where the life, health, and/or safety of any individual is threatened.


C. Frequency, Access For And Notice Of Inspection:


1. All rental dwellings shall be inspected by the building inspector upon becoming a rental dwelling and once every five (5) years thereafter. Additionally, a rental dwelling shall be inspected between three (3) and five (5) years from the last inspection if the rental unit has a new tenant since the last inspection. Inspections may occur more frequently, provided there is:


a. Reasonable suspicion to believe that there exists conditions which present a threat to the health, safety, welfare or general comfort of the resident(s) of such rental dwelling; or


b. A complaint lodged by the resident(s) of the rental dwelling to be inspected; or


c. A request made by a prospective resident accompanied by the consent of the owner (or owner's agent) of the rental dwelling to be inspected; or


d. A request made by the owner or owner's agent.


2. Every owner or owner's agent of any rental dwelling shall provide access to such rental dwelling, or any unit thereof, to the building inspector for purposes of inspecting the rental dwelling or unit thereof for compliance with all applicable standards and regulations set forth in this code. Either the owner, the owner's agent, or the occupant shall accompany the inspector during the inspection.


3. Notice shall be given to the owner or the owner's agent and the occupant of the rental dwelling, or unit thereof, at least one hundred twenty (120) hours in advance of such inspection except in those situations described in subsections C1a, C1b, and C1d of this section.


4. Notice of inspection shall be provided to both the owner or owner's agent and occupant and may consist of a letter sent by first class mail, personal service, telephone call or, for occupants only, the posting of a door hanger upon the doorknob of the rental dwelling. The form of notice shall be at the city's sole discretion; provided, however, the form used substantially achieves the purpose of this "notice" requirement. Where a rental dwelling is occupied by more than one person, notice to one occupant shall be deemed notice to all occupants of the rental dwelling.


D. Identification Of Rental Dwelling And Designation Of Owner's Agent:


1. The owner(s) of a rental dwelling must notify the city building inspector of the existence of said rental dwelling seven (7) or more days prior to its occupancy, or within seven (7) days from obtaining ownership, on a form approved by the building inspector including the name(s) of the owner(s) and manager(s) and agent(s) and the address and telephone number of each. Owner(s) must notify the city of any changes in ownership, management or agency within seven (7) days of the change.


2. The owner(s) of a rental dwelling must notify the city building inspector within seven (7) days of a new tenant taking possession of a rental dwelling if said possession is within three (3) to five (5) years from the last inspection.


3. Every owner of any rental dwelling who does not reside in Logan County or a county adjoining Logan County shall appoint and designate an individual to act as an agent in his behalf. Such written notice shall contain the signature of the agent accepting appointment and designation as agent of the owner.


4. Any individual who is appointed and designated as agent of the owner shall reside within Logan County, Illinois, or any other Illinois county which adjoins Logan County, Illinois. An owner of a rental dwelling may act as his own agent, provided he meets the residency requirements set forth herein.


E. Occupants To Provide Access For Inspections And Compliance With Code:


1. Each and every occupant of a rental dwelling shall give the owner thereof, his agent or employee or agents of the building inspector, access to the rental dwelling, or unit thereof under their control, to conduct inspections authorized by this section.


2. Each and every occupant of a rental dwelling shall give the owner thereof, or his agent or his employees, access to any part of such rental dwelling at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any standard regulation set forth in this code.


F. Notice Of Violations:


1. If violations are detected by the building inspector, the building inspector shall notify an owner in writing by delivering a list of the violations to an owner. The owner shall have thirty (30) days to correct such violations. Alternatively, within seven (7) days of the notice, the owner may request additional time to correct the conditions if such request includes a plan and timetable acceptable to the building inspector. The building inspector shall reinspect after the thirty (30) days or any agreed upon time has expired, or sooner upon request of the owner.


2. If a rental dwelling is vacant at the time of an inspection, the rental dwelling may not be occupied without the permission of the building inspector. If no violations are found, said permission shall be granted promptly.


G. Fees, Fines And Warning Signs:


1. There shall be no cost, fee or charge assessed by the city for inspection of a rental dwelling pursuant to this section whereby no violations are found. If violation(s) are found, the owner shall be subject to a reinspection fee of fifty dollars ($50.00). However, should such violations not be corrected by the time of the first reinspection, the owner shall be subject to a fee of two hundred dollars ($200.00) for the second reinspection and each subsequent reinspection until such violations are corrected.


2. Any reinspection fees remaining unpaid after two (2) weeks shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.


3. Any person violating any of the provisions of this chapter shall be subject to penalty under the provisions of section 1-4-1 of this code for each offense.


4. Any owner failing to correct any conditions found to be in violation under this chapter within the allotted time shall be subject to penalty under the provisions of section 1-4-1 of this code. Each violation is a separate offense subject to penalty.


5. If a rental dwelling reveals any violations presenting an imminent threat to human life, health and/or safety of actual or potential occupants, the building inspector shall install a warning sign or signs on the rental dwelling and/or on the property on which it is situated, one of which must be viewable from the street. Said warning sign(s) shall be in a form approved by the building inspector and at a minimum shall state that the rental dwelling is uninhabitable by order of the building inspector. Such sign(s) shall not block access to the property. The building inspector may remove debris or weeds, install posts, or take other reasonable action to cause such sign(s) to be viewable from the street.


6. Removal, obstruction or otherwise tampering with a warning sign by anyone other than the building inspector or his agent shall be a violation of this section.


7. Any acts of the city under this section shall not prevent the city from exercising its rights under chapter 5, "Dangerous Buildings", of this title. (Ord., 11-9-2010)