Hazel Crest — Ch. 14 Housing § 14-13

(a) Notice of sale or lease. No owner, agent or person in charge of a one-family dwelling, two-family dwelling or multi-family apartment house, or any commercial or industrial structure, shall sell or allow any person to occupy the same as a tenant or lessee unless the owner, agent or person in charge of such dwelling or structure has notified the fire chief no less than eight (8) working days before the proposed sale or lease. The term eight (8) working days in this instance shall mean any eight (8) working days during a given week or part thereof, when normal business activities are carried on by the village.
(b) Attempted inspection by the fire chief. Upon receiving notice of intent to sell or lease a dwelling or structure as described in Section 308.1, the fire chief shall attempt to inspect such dwelling or structure to determine whether the dwelling or structure is in compliance with all of the provisions of this Code. The fire chief shall attempt to make the inspection no less than five (5) working days before the date of the proposed sale or lease. The term five (5) working days in this instance shall mean any five (5) days or part thereof, when normal business activities are carried on by the village. Failure to consent to an inspection under this section shall not constitute an offense against the village and shall not be punishable by fine or imprisonment. Nor shall such failure to consent prevent the sale or lease of a dwelling or structure.
(c) Inspection by warrant. If the owner, agent, occupant or person in charge of a dwelling or structure does not consent to the attempted inspection described in subsection 14-13 (b), the fire chief shall seek, in the circuit court of Cook County, a search warrant.
(d) Certificate of occupancy requirement. If an inspection has been made pursuant to Section 111 of the International Building Code, 2012 no owner, agent, or person in charge of a one-family dwelling, two-family dwelling, or multifamily apartment house (as those terms are defined in PM-202.0 of the Property Maintenance Code) or any commercial or industrial structure, shall sell or allow any person to occupy the same as a tenant or lessee unless the fire chief has issued a certificate of occupancy for such dwelling or structure. A certificate of occupancy shall be issued only if:
(1) The fire chief has determined that the dwelling or structure is in compliance with all of the provisions of this code; or
(2) a. The owner, agent, or person in charge of the dwelling or structure has deposited in escrow an amount of money determined by the fire chief to be sufficient to bring the dwelling or structure into compliance with all of the requirements of this code; and
b. The buyer or lessee has entered into an agreement with the village whereby the village agrees to issue a certificate of occupancy and the buyer or lessee agrees to apply the escrow fund to bring the dwelling or structure into compliance with this code within a time period determined by the fire chief. Failure of the buyer or lessees to fulfill the terms of the agreement described in paragraph (2)b. or to bring the dwelling or structure into compliance with all of the provisions of this code within the time period designated in the agreement shall constitute a violation of this section, such violation continuing until the dwelling or structure is in compliance with the provisions of this code.
(e) Sale or lease is absence of inspection. If an inspection is not made pursuant to subsection 14-13 (b) or subsection 14-13 (c), nothing herein shall prohibit the sale or lease of a one-family dwelling, two-family dwelling, or multifamily apartment house, or commercial or industrial structure unless an owner, agent or person in charge of such dwelling or structure is interfering with or impeding an inspection authorized by a search warrant obtained pursuant to Section 104.3 of the Property Maintenance Code or subsection 14-13 (c).
(f) Procurement of search warrant. A search warrant sought pursuant to Section 104.3 of the Property Maintenance Code or subsection 14-13 (c) shall be sought in the Circuit Court of Cook County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall issue:
(1) Eyewitness account of violations;
(2) Citizen complaints;
(3) Tenant complaints;
(4) Plain view violations;
(5) Violations apparent from village records;
(6) Property deterioration;
(7) Age of property;
(8) Nature of alleged violations;
(9) Similar properties in the area;
(10) Documented violations on similar properties in the area;
(11) Passage of time since last inspection;
(12) Previous violations on the property.
(g) Annual inspections. Annual inspections are required for all rental or leased dwelling units or dwelling structures.
(h) Fees.
(1) The fee for an inspection of a one-family dwelling shall be fifty dollars ($50.00). This fee includes one (1) re-inspection of the property. Additional inspections will be conducted at the rate of twenty-five dollars ($25.00) each.
(2) The fee for an inspection of a two-family dwelling or multifamily apartment house shall be fifty dollars ($50.00) for the first inspection of a dwelling unit and twenty-five dollars ($25.00) for each inspection of a dwelling unit thereafter, when the additional inspections take place at the same time as the primary inspection for which the fifty dollar ($50.00) fee is paid. This fee includes one (1) re-inspection of the property. Additional inspections will be conducted at the rate of twenty-five dollars ($25.00) each.
(3) When a single-family dwelling, two-family dwelling, a multifamily dwelling or any commercial or industrial structure is occupied prior to an inspection being requested and a certificate of compliance being issued by the village, the fee as set out in subsection 14-13 (h) shall be increased by the amount of fifty dollars ($50.00).
(4) In the event an inspection is scheduled and the responsible party fails to keep the appointment, the visit by the inspector will be considered as one (1) inspection in the calculation of fees.
(i) Issuance of certificate shall not be construed as a warranty. In issuing a certificate of occupancy, the village does not intend to nor does it warrant, insure, or guarantee to the holder thereof, to his assignee or other interested party that there are no violations of the Codified Ordinances of the Village of Hazel Crest or laws of the State of Illinois or the United States of America.