Wheeling — Ch. 4.84 Rental Residential Property § 4.84.090

(a) A license may be suspended 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 reasonable period of time in which to correct the violation, but has failed to do so. A license may also be suspended 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 violations of applicable codes, a compliance time frame will be set by the code official using the standard as set forth in Section 4.84.060 (d). The code official shall provide notice by personal service or 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. The inspector may allow approved photographs to determine compliance for routine property maintenance deficiencies only.
(d) When a license is suspended, 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 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;
(4) If the property owner changes his address or changes property 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 unless the code official grants such request pursuant to a showing of good cause by the property owner.
(f) Any person whose license has been suspended shall be entitled to appeal the suspension to the village board by filing a petition within twenty days after the date of suspension. The code official shall transmit to the village board 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 board in considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license.
(g) A license may be revoked when a petition for appeal has not been filed within twenty days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A license may also be revoked 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 village's 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 operate as a stay of the revocation until such time as the village board renders a decision on the appeal.
(j) Whenever a 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 the license for this structure has been revoked.
(2) You must vacate this structure within sixty days of the date of this notice.
(3) If you fail to vacate this structure, you will be in violation of Chapter 4.84 of the Wheeling Municipal Code and subject to a minimum fine of fifty dollars and a maximum fine of five hundred dollars for each day you are in violation.
(k) Whenever an owner or property agent of a rental property fails to license said property with the department of community development, 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 Wheeling in violation of Chapter 4.84 of the Wheeling Municipal Code.
(2) You must vacate this structure within sixty days of this notice.
(3) If you fail to vacate this structure, you will be subject to a minimum fine of fifty dollars and a maximum fine of five hundred dollars for each day you are in violation.