Beach Park CHAPTER 5.36 RENTAL HOUSING INSPECTION AND CERTIFICATION § 5.36.070

A. Rule Making Authority: The code official shall have power as reasonably necessary in the interest of public health, safety and general welfare to adopt and promulgate rules and regulations interpreting and implementing the provisions of this section and to achieve the intent thereof. Such rules shall be consistent with the standards, procedures, and requirements established by this code and shall not have the effect of waiving structural or fire performance requirements or violating accepted engineering practice involving public safety.


B. Organization: The code official may appoint and be assigned any such number of officers, technical assistants, and inspectors and other consultants or employees as shall be provided for by the budget of the village, authorized by the village, and as shall be necessary for the administration of this section. The code official is authorized to designate another employee of the village as his deputy who shall exercise the functions of his office during the temporary absence or disability of the code official.


C. Restriction Of Employees; Conflicts Of Interest: An official or employee connected with the enforcement of this code shall not be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or the preparation of construction documents therefor, unless that person is the owner of the building; nor shall any officer or employee connected with the enforcement, interpretation or application of this section engage in any work that is considered a conflict of interest with his or her official duties or with the interests of the building department under the statutes and common law of the state of Illinois.


D. Official Records:


1. An official record shall be kept of all business and activities of the department specified in the provisions of this section. All applications for final decisions and permits, certificates and the like to be issued by the code official shall be in writing and shall be officially recorded in the permanent records of the building department.


2. All such records shall be open to public inspection as are consistent with the freedom of information act of the state of Illinois at all appropriate times and according to reasonable rules to maintain the integrity and security of such records.


E. Rental Or Leased Properties: It shall be unlawful to rent or lease residential property if one or more of the following conditions exist:


1. Structural, mechanical, plumbing or electrical code violations, which present a substantial risk of harm to the health or safety of the occupants or the potential occupants of the subject premises;


2. The failure of the owner or applicant to provide a completed application for a certificate of compliance or a renewal certificate of compliance as provided in this section;


3. The occupancy of the dwelling unit exceeds the permitted maximum occupancy under the property maintenance code, as amended.


F. Other Inspections Not Affected: This section shall not be construed to restrict the authority of the village to inspect any property nor to seek penalties for violations of other codes, ordinances or regulations of the village.


G. Penalty:


1. Any person, firm or entity violating the provisions of this section shall be subject to a fine not to exceed seven hundred fifty dollars ($750.00) for each and every day that the violation continues to exist and each such day constitutes a distinct and separate offense under the provisions of this section. In addition, the village may take whatever lawful action it deems appropriate to enforce the terms of this section, including, but not limited to, actions at law or actions seeking injunctive relief. All attorney fees and costs incurred by the village in enforcing the terms of this section shall be paid by the violator upon conviction of a violation.


2. In addition to fines provided in this section, the village may seek any other lawful and appropriate remedy to enforce compliance with the provisions of this section, including, but not limited to, an action in a court of competent jurisdiction for mandatory injunction, injunction, temporary restraining order, preliminary injunction, equitable relief, demolition or other lawful relief including, but not limited to, fines and costs of enforcement. The remedies available to the village shall be cumulative and not exclusive of another. (Ord. 2023-O-9)