Elgin — Ch. 6.37 Rental Residential Property § 6.37.090

A. A license may be suspended when violations of applicable city codes have been identified by the department and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations 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 timeframe will be set by the code official using the standard as set forth in section 6.37.060 . The code official shall send notice to the property owner and the listed authorized agent by regular U.S. mail and e-mail with delivery confirmation at the last address provided on the most recent license application. Said notice shall include the following:
1. Description of the rental residential property sufficient for identification;
2. A statement listing the violations of applicable codes;
3. A statement of the date upon which a re-inspection must occur on or before; and
4. An explanation that if upon completion of the re-inspection that the requirements of applicable city codes have not been met, that the license for the rental residential property shall be suspended.
C. A re-inspection will be conducted no later than the end of the compliance timeframe. If the code official finds that the requirements of applicable city codes have not been met upon the completion of such re-inspection, the license for the rental residential property shall be suspended.
D. When a license is suspended, the code official shall send notice to the property owner and the listed authorized agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested and by e-mail with delivery confirmation, or personally served upon the property owner or the authorized agent listed on the most recent license application. Should notice be attempted via certified mail, return receipt requested and e-mail with delivery confirmation is unsuccessful, posting of the notice on the rental property shall suffice as proper notice. 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 owner's right to appeal the suspension;
4. If the property owner changes the owners address or changes property agents and fails to notify the department, such notice shall be sufficient if sent by certified mail and e-mail with delivery confirmation to the owner or authorized agent's last address provided on the last license application.
E. A property owner whose license has been suspended may request a re-inspection prior to revocation. If, upon re-inspection, the department finds that the licensed rental residential property in connection with which the notice was issued is now in compliance with this chapter, the code official may reinstate the license after all applicable fees have been paid. The request for a re-inspection 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 or authorized agent.
F. Any person or entity whose license has been suspended shall be entitled to appeal the suspension by filing a petition as set forth in chapter 16.12 with the appeals board vested with the authority for considering any such petition. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal. A hearing shall be scheduled in accordance with the provisions of this Code and the rules and regulations of the appeals board. The appeals board 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. The appeals board shall render a decision in accordance with the provisions of this Code and its rules and regulations.
G. A license may be revoked when a petition for appeal has not been filed within twenty (20) 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 city's property maintenance code.
H. A license which has been properly revoked as herein provided shall not be reinstated. The property owner or authorized agent may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license as set forth in this chapter, including the payment of all applicable fees.
I. If a license is revoked without having the opportunity of a suspension hearing, the property owner or authorized agent 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 appeals 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 authorized agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested and e-mail with delivery confirmation. The code official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the property owner and the tenants and occupants shall include the following:
1. You are hereby notified that the license for this structure has been revoked pursuant to this chapter and the continued occupancy of this structure as a rental residential property is unlawful.
2. You must vacate this structure within sixty (60) days of the date of this notice.
3. Failure to vacate this structure is a violation of this chapter, and penalties of fines in the minimum amount of $100.00 may be imposed each day for as long as the license remains revoked, and this structure remains occupied by persons for which a rental license is required. In addition, pursuant to section 6.37.080E, it is unlawful to charge or collect rents for this property while the license remains revoked.
Any tenant of the rental residential property may appeal the revocation of the license. Said appeal shall conform with subsection F of this section. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal.
The code official may defer the issuance and posting of a notice to tenants or occupants to vacate a structure pursuant to this subsection when the code official determines, in the code official's reasonable discretion, that the owner or authorized agent has failed to maintain a valid rental license as a means to cause the removal of the tenants or occupants of a structure in lieu of other lawful legal process, or where the code official otherwise determines, in the code official's reasonable discretion, that the purposes of this chapter would not be served by the issuance and posting of a notice to vacate a structure.
K. Whenever an owner or authorized agent of a rental residential property fails to license said property with the department, the code official shall send notice to the property owner or the authorized agent at the last address provided on the most recent license application. Said notice shall be sent by certified mail, return receipt requested and e-mail with delivery confirmation. The code official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the property owner and the tenants and occupants shall include the following:
1. You are hereby notified that the owner or agent of this structure has failed to license this rental residential property with the department in violation of this chapter and the continued occupancy of this structure as a rental residential property is unlawful.
2. You must vacate this structure within sixty (60) days of this notice.
3. Failure to vacate this structure is a violation of this chapter, and penalties of fines in the minimum amount of $100.00 may be imposed each day this structure remains occupied by persons for which a rental license is required, and the property remains unlicensed. In addition, pursuant to section 6.37.080E, it is unlawful to charge or collect rents for this property without a valid rental license issued pursuant to this chapter.
Any tenant of the rental residential property may appeal the code official's order to vacate the structure because the owner has failed to license said property with the department. Said appeal shall conform with subsection F of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the appeals board renders a decision on the appeal.
The code official may defer the issuance and posting of a notice to tenants or occupants to vacate a structure pursuant to this subsection when the code official determines, in the code official's reasonable discretion, that the owner or authorized agent has failed to obtain a rental license as a means to cause the removal of the tenants or occupants of a structure in lieu of other lawful legal process, or where the code official otherwise determines, in the code official's reasonable discretion, that the purposes of this chapter would not be served by the issuance and posting of a notice to vacate a structure.