Beach Park CHAPTER 5.36 RENTAL HOUSING INSPECTION AND CERTIFICATION § 5.36.040

A. Expiration of Certificate. Once a certificate is issued it shall be valid and continued until the sooner of any of the following occurs:


1. Title to, or beneficial interest in, the property covered by the certificate is transferred or conveyed so that fifty percent (50%) or more of the record ownership or beneficial interest therein has changed;


2. There is a change of occupancy of the residential dwelling unit covered by the certificate (unless waived by the Village based on a review of the inspection history for the unit);


3. The residential improvements to the property covered by the certificate are damaged or destroyed to the extent that the residential unit is uninhabitable;


4. The certificate is lawfully revoked or suspended;


5. The effective period for the certificate, whether twelve (12) or thirty-six (36) months, comes to an end; or


6. Violations are observed during a complaint-based inspection conducted in accordance with Section 5.36.040B below, and such violations are not addressed within the time period specified by the Village.


B. Voluntary inspection. Nothing in this section shall prohibit or prevent the village from requesting the owner or tenant in possession for a voluntary inspection of the property covered by the certificate if the village has probable cause to believe that a violation of this section has or is taking place upon the subject property. Nothing in this section shall be construed to prevent the village from seeking a lawful administrative search warrant at any time circumstances exist which would support the issuance of such a warrant.


C. Non-transferrable. Once issued, a certificate of compliance or a temporary certificate of compliance cannot be transferred or assigned to another residential dwelling unit or to a successor owner of fifty percent (50%) or more of the interest in the title to, or beneficial interest in subject property.


D. If a certificate of compliance is revoked or is no longer valid, as provided in this section, a renewal certificate shall be obtained using the same procedure and application fee as are required for an original certificate of compliance.


E. Each certificate of compliance shall contain the date of issuance of the certificate, the effective period per Section 5.36.040G, the name or names of the owner or owners of record to whom the certificate is issued, the address of the dwelling unit for which the certificate applies, the maximum occupancy for the dwelling unit at the address on the certificate with respect to all applicable federal and state fair housing standards, and any and all such other information as the code official may require.


F. A temporary certificate of compliance with an expiration date not to exceed sixty (60) days from date of issue, may be granted when, in the reasonable opinion of the code official, none of the violations, if known, threaten life safety or health, and when the person(s) responsible for correcting the violation(s) shall deposit with the code official, a cash bond or a cashier's check payable to the village of Beach Park in the amount of five hundred dollars ($500.00). The cash bond or check shall be accompanied by a letter from the new owner and occupant authorizing the code official after sixty (60) days to enter the premises between the hours of eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. on any working day, or a convenient, acceptable and reasonable time to the code official, for the purpose of verifying compliance with respect to any outstanding violations. If the code official determines the unit is fully compliant with the provisions of this section a final certificate of compliance will be issued and the five hundred dollar ($500.00) cash bond or cashier's check will be returned to the depositor. If the code official determines that the unit is not fully compliant with the provisions of this section, the temporary certificate of compliance will be revoked, the unit must be vacated immediately, if occupied, and the five hundred dollar ($500.00) cash bond or cashier's check retained by the village until such time as the unit is no longer occupied, less any lawful penalty fees or fines lawfully levied.


G. Twelve (12) month and thirty-six (36) month certificates. The effective period for a code compliance certificate shall be twelve (12) or thirty-six (36) months, determined at the time of original issuance and each subsequent renewal. A thirty-six (36) month certificate is intended for properties with an exemplary record of code compliance at inspections. A thirty-six (36) month certificate does not exempt the unit from complaint based inspections. The annual registration fee applies to all certificates. The determination of the effective period will be made as follows:


1. A property that is in compliance with relevant property maintenance, building and life safety codes at the time of the inspection shall be issued a thirty-six (36) month certificate.


2. A property that has minor violations and no more than two major (life safety) violations, all of which are corrected by the reinspection date (30 days), shall be issued a thirty-six (36) month certificate.


3. A property that has three or more major life safety violations, or a property with violations that have not been addressed by the reinspection date (30 days) shall be issued a twelve (12) month license. (Ord. 2023-O-9)