Streamwood Title 3 Ch. 14 Rental Residential Property § 3-14-8

A. A license may be suspended by the code official when any violation of applicable village codes has been identified by the department of community development and the property owner has been properly notified of the violation and given a period of time in which to correct the violation, but has failed to do so. A license may also be suspended by the code official when any information provided in the license application is determined by the code official to be false.


B. When an inspection of a licensed rental residential property reveals any violation of applicable codes, a compliance time frame will be set by the code official using the standard as set forth in subsection 3-14-5D of this chapter. The code official 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 violation(s) of applicable codes;


3. A statement indicating the date upon which a reinspection will occur; and


4. An explanation that if upon completion of the reinspection the requirements of applicable village codes have not been met, then the license for the rental residential property will be suspended.


C. A reinspection will be conducted at the end of the compliance time frame. If the code official finds that the requirements of applicable village codes have not been met upon the completion of such reinspection, then the license for the rental residential property shall be suspended.


D. When a license is suspended, the code official shall send notice to the property owner or the listed property agent and the tenant at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested. The notice shall include the following:


1. Description of the property sufficient for identification;


2. A statement of the reasons for the suspension;


3. An explanation of the property owners right to appeal the suspension to the village manager; and


4. If the property owner changes his address or changes property management agents and fails to notify the department of community development, such notice shall be sufficient if sent by certified mail to the owner or his property agent's last address provided on the last license application.


E. A property owner whose license has been suspended may request a reinspection prior to revocation. If upon reinspection, the department of community development finds that the licensed property, in connection with which the notice was issued, is now in compliance with this chapter, then the code official may reinstate the license. The request for a reinspection shall not stay the revocation of the license.


F. Any person whose license has been suspended shall be entitled to appeal said suspension to the village manager by filing a written petition within twenty (20) days after the date of suspension. The code official shall transmit to the village manager copies of all records and notices upon which the suspension is based. A hearing shall be scheduled as soon as practical upon receipt of a timely petition. The village manager, in considering any such petition, may immediately revoke the license or continue the suspension to a definite compliance date. The penalty for noncompliance shall be revocation by the village manager and/or prosecution of violations in the circuit court of Cook County and any fines and penalties imposed by said court. The village manager may dismiss the charges and reinstate the license upon proof of compliance or lack of evidence of noncompliance.


G. A license may be revoked by the village manager when a petition for appeal has not been filed within twenty (20) days following the date of issuance of an order of suspension. A license may be revoked by the code official when, in the opinion of the code official, emergency conditions exist in a rental residential property that require the immediate vacating of a structure as specified in the property maintenance code.


H. A license which has been properly revoked as herein provided shall not be reinstated. The property owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license and payment of appropriate fee as set forth in this chapter.


I. If a license is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal that revocation. Said appeal shall conform to subsection F of this section. Such an appeal shall not operate as a stay of revocation until such time as the village manager renders a decision on the appeal, unless the code official grants a request for a stay upon a showing of good cause by the property owner.


J. Whenever a temporary certificate or license is revoked, the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested. The code official shall also notify all tenants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following:


1. You are hereby notified that the temporary certificate or license for this structure has been revoked pursuant to Title 3, Chapter 14 of the Streamwood Municipal Code.


2. You must vacate this structure within sixty (60) days of the date of this notice, except if said revocation is pursuant to a declaration of emergency condition by the Code Official. If emergency conditions exist, the notice to tenants shall provide for the immediate vacation of the structure or dwelling unit.


3. If you fail to vacate this structure, you will be in violation of Title 3, Chapter 14 of the Streamwood Municipal Code and subject to a minimum fine of $50.00 and a maximum fine of $750.00 for each day you remain in the rental residential property in violation of this Chapter.


K. Whenever an owner or property agent of a rental property fails to obtain a proper license, the code official shall notify all tenants of the rental property by posting a notice on all entrances to the rental property indicating the following:


1. You are hereby notified that the owner or agent of this rental structure has failed to license this rental property with the Village of Streamwood in violation of Title 3, Chapter 14 of the Streamwood Municipal Code.


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


3. If you fail to vacate this structure, you will be subject to a minimum fine of $50.00 and a maximum fine of $750.00 for each day you remain in the rental residential property in violation of this Chapter.


(Ord. 2000-9, 3-16-2000)