Carbondale Title 4 Ch. 4 Housing Code § 4-4-16

A. Registration Required: Effective January 1, 2009, it shall be unlawful for any person, individual, firm, trust, partnership, association, corporation or other legal entity to rent, lease or allow occupancy of any "dwelling unit", as defined by section 4-4-6 of this chapter, for any consideration within the corporate limits of the city without first registering with the city of Carbondale as provided in this chapter. (Exceptions: Registration requirements under this section shall not apply to the following: hotels; motels; bed and breakfast establishments; nursing homes; retirement homes; rest homes; assisted living facilities; home occupied only by immediate family members including parents, grandparents, sons, daughters, grandsons, or granddaughters of the owner, or dwellings owned or controlled by government agencies and public housing authorities.) (Ord. 2010-34)


B. Validity: Registration is valid from January 1 until December 31 of the same year in which issued. No registration shall be valid for a period exceeding one year.


C. Inspection Required: Registered residential rental units shall be inspected by an agent of the building and neighborhood services division for compliance with the Carbondale revised codes. No person shall lease, let, or otherwise allow in exchange for any consideration the use of any property for residential purposes, hereinafter "rental dwellings", within the city, unless that property has been inspected by employees or agents of the division of building and neighborhood services. After the initial inspection, following the effective date hereof, which must not reveal any violations presenting an imminent threat to the life, health and/or safety of the residents of the rental dwelling, a rental dwelling may continue to be leased until the next mandatory inspection.


D. Inspections Authorized:


1. The division of building and neighborhood services is hereby authorized and obligated to conduct inspections of any and all rental dwellings, or units thereof, within the city to determine compliance with the standards and regulations set forth in this code, as amended.


2. The employees and agents of the division of building and neighborhood services are hereby authorized to enter, examine and survey all rental dwellings within the city. All inspections shall occur at reasonable hours except in emergency situations where the life, health, and/or safety of any individual is threatened.


E. Frequency, Access For And Notice Of Inspection:


1. All rental dwellings shall be inspected by the employees or agents of the division of building and neighborhood services at least once every three (3) years. Inspections may occur more frequently provided there is:


a. Reasonable suspicion to believe that there exists within such rental dwelling conditions which present a threat to the health, safety, welfare or general comfort of the resident(s) of such rental dwelling; or


b. A complaint lodged by the resident(s) of the rental dwelling to be inspected; or


c. A request made by a prospective resident accompanied by the consent of the owner (or owner's agent) of the rental dwelling to be inspected; or


d. A request made by the owner or owner's agent.


2. Every owner or owner's agent of any rental dwelling shall provide access to such rental dwelling, or any unit thereof, to the employees or agents of the division of building and neighborhood services for purposes of inspecting the rental dwelling or unit thereof for compliance with all applicable standards and regulations set forth in this code, as amended. Either the owner, the owner's agent, or the occupant shall accompany the inspector during the inspection.


3. Notice shall be given to the owner or the owner's agent and the occupant of the rental dwelling or unit thereof at least one hundred twenty (120) hours in advance of such inspection except in those situations described in subsections E1a, E1b, and E1d of this section.


4. Notice of inspection shall be provided to both the owner or owner's agent and occupant and may consist of a letter sent by first class mail, personal service, telephone call or, for occupants only, the posting of a door hanger upon the doorknob of the rental dwelling. The form of notice shall be the city's sole discretion; provided, however, the form used substantially achieves the purpose of this "notice" requirement. Where a rental dwelling is occupied by more than one person, notice to one occupant shall be deemed notice to all occupants of the rental dwelling.


F. Identification Of Rental Dwelling And Designation Of Owner's Agent:


1. Any person owning, managing, or supervising any rental dwelling shall, within thirty (30) days of assuming ownership, management or supervision of any rental dwelling inform the city on a form approved by the city of such residential dwelling.


2. Every owner of any rental dwelling, or unit thereof, who does not reside on the premises of such rental dwelling shall appoint and designate an individual to act as an agent in his behalf. Every owner shall notify, in writing, the division of building and neighborhood services and each occupant of the rental dwelling, of the name, address and telephone number of the agent. Such written notice shall contain the signature of the agent accepting appointment and designation as agent of the owner.


3. Any individual, who is appointed and designated as agent of the owner, shall reside within Jackson County, Illinois, or any other Illinois county which adjoins Jackson County, Illinois. An owner of a rental dwelling may act as his own agent provided he meets the residency requirements set forth herein.


G. Occupants To Provide Access For Inspections And Compliance With Code:


1. Each and every occupant of a rental dwelling shall give the owner thereof, his agent, or employee or agents of the division of building and neighborhood services access to the rental dwelling, or unit thereof under their control, to conduct inspections authorized by this chapter.


2. Each and every occupant of a rental dwelling shall give the owner thereof, or his agent or his employees, access to any part of such rental dwelling at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any standard regulation set forth in this code, as amended.


H. Fees:


1. Annual fees for registration of any rental dwelling pursuant to this chapter shall be thirty five dollars ($35.00) per "dwelling unit" as defined in section 4-4-6 , "Definitions", of this chapter. Should violations of the standards and regulations of this code be found and not be corrected by the time of the first reinspection, the owner shall be subject to a fee of fifty dollars ($50.00) for the second reinspection and each subsequent reinspection until such violation is corrected.


2. Any reinspection fees remaining unpaid after two (2) weeks shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.


3. In the event a dwelling unit is not inspected within a three (3) year period, registration fees for that dwelling unit shall be waived by the city of Carbondale for the succeeding registration year.


I. Penalty: Any person who violates any provision of this section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense, unless specified otherwise within this chapter. A separate offense shall be deemed committed on each day that a violation continues. All violations of this section are hereby determined to be a nuisance which may be abated or enjoined by the city. Nothing in this section shall exempt the city or any person from seeking civil remedies against any person who is in violation of this section.


J. Preservation Of Other Rights And Penalties: This section shall not be construed as to restrict the right of the city of Carbondale to inspect any property nor to seek penalties for violations of other provisions of this code. (Ord. 2007-42)