Beach Park CHAPTER 5.36 RENTAL HOUSING INSPECTION AND CERTIFICATION § 5.36.060

A. Inspection Required. At the time of the receipt of a duly completed initial application or renewal application and the required verification, and the application fee having been paid, the code official, or his designee and the applicant and tenant, shall schedule an inspection of the subject premises; provided however, nothing in this section shall be construed to prevent the code official from scheduling and/or lawfully seeking an inspection of any dwelling unit where a certificate of compliance has expired and a renewal certificate has not been issued or when the code official has reasonable belief that a violation of the property maintenance code or other applicable building or zoning codes have been violated.


B. The code official or his designee shall inspect all dwelling units occupied, or held, or offered for letting or occupancy, or for which title is to be transferred or conveyed within the village according to the schedule of inspections established by the code official, unless a violation is reasonably suspected, in which case the code official may make other and more frequent inspections to seek compliance with the property maintenance code or other applicable village codes and pursuant to any other applicable title of this code.


C. The code official shall maintain a village-wide plan of all dwelling units occupied or held or offered for occupancy which, to the code official's best knowledge and belief, is based on the applications for certificate of compliance, their renewal, or any other reasonable information available, and establishing a schedule of inspections that will ensure that all such dwelling units and associated premises shall be inspected at least once; provided, however, upon probable cause that a violation exists, where required, additional inspections may be made to take steps needed to bring the subject building, dwelling unit and/or associated premises into compliance with the property maintenance code and health and safety codes and ordinances.


D. Where the inspection is pursuant to an initial application or a renewal application, the code official shall endeavor to schedule the inspection with the applicant or the applicant's agent at a time and on a date during normal village business hours, which is convenient to the code official and the applicant or agent and the tenant, if any. In all other cases, the inspection shall be made on a date and at a time which the code official may reasonably and lawfully establish.


E. In the event the applicant, owner or tenant of the premises to be inspected refuses entry to the premises to the code official or his designee, or in the event the owner or his agent are uncooperative in scheduling the inspection, the code official or his designee may seek the appropriate search warrant from the circuit court of the 19th judicial circuit, Lake County, Illinois, for an administrative inspection. There shall be no issuance of a certificate, renewal certificate or temporary certificate until such inspection has been made.


F. Inspection of the premises shall be conducted with the consent and cooperation of the owner(s) or the designated agent and tenant. A consent may be verbal from the tenant and owner or on a form provided by the village to be signed and returned by the owner(s) or the designated agent and the tenant prior to the inspection. The owner, applicant or tenant, as such parties may be applicable, shall return the signed consent form to the village within fourteen (14) calendar days of the village tender of a consent form, or at the time of the scheduled inspection. Verbal consent will be indicated on the inspection form and written consent will be attached to the report. Failure to return the written consent form or provide verbal consent may result in the village seeking an administrative search warrant from the 19th judicial circuit court to enforce these regulations. In the event the village does not obtain an administrative search warrant within ninety (90) days of failure to return written consent form in the allowed fourteen (14) days of its tender, the village may issue a temporary certificate of compliance until such administrative search warrant is obtained. This issuance of temporary certificate of compliance does not in any way imply that this property or rental unit is in compliance with applicable codes and ordinances of the village.


G. The inspections provided for in this section shall be of the mechanical, sanitary, safety and structural components and characteristics of the subject premises, including, but not limited to, interior and exterior walls, walks and driveways, rooms, roofs and other areas open to plain view from the ground or from the air, and all internal common areas, such as vestibules, halls, stairways and basement areas, including furnace and other utility areas and components, and all other areas within the structure which pertain to each of the construction elements and room configurations of the structure being inspected, or in which the owner has an equal right to authorize entry. All sales contracts for real estate or other arrangements for the transfer or conveyance of any dwelling unit, residential rental property leases, licenses or the letting arrangements entered into or renewed after the effective date of this section shall be subject to the provisions of this section.


H. Each inspection shall be made by the code official or his designee and shall be for the purpose for determining compliance with the provisions of this section, the property maintenance code and health and safety regulations of the village and all other applicable zoning, building and structural codes.


I. Any violations found as a result of the inspection shall be set forth in a written notice to the owner(s) or owner's agent as designated on the application form. A copy of such notice of violation may, but need not be, left with the occupier or occupiers of the rental property. Notice of violations shall be sent to the owner at the address stated on the application or to the person designated on the application form as the owner's agent, within a reasonable amount of time. In the absence of a person designated to receive notice, the notice shall be sent by U.S. mail, postage prepaid, to the last taxpayer of record shown on the records of the Lake County treasurer as responsible for the ad valorem real estate taxes for the property in violation. Such mailing is deemed to be service of such notice.


J. Reinspections shall be made as often as reasonably necessary to ensure corrective action to cure any violations of the relevant ordinances or regulations and to bring the building, dwelling unit and premises into compliance. The inspections shall be scheduled with the village. The village may schedule the inspections if owner or owner's agent or tenant is or are unresponsive and if necessary, the appropriate administrative search warrant may be sought for these purposes based upon probable cause or causes noted as violations. The village at its discretion may accept photographs in lieu of an inspection to document that minor violations have been addressed. (Ord. 2023-O-9)