Highwood ARTICLE C. RENTAL PROPERTY SAFETY § 10-2C-3

A. This article applies to all residential rental properties and all dwelling units therein that are leased in whole or in part as a rental dwelling unit, except those properties specifically excluded. All owners of residential rental housing properties in the city, not specifically excluded, shall be required to obtain an inspection in order to obtain a certificate of compliance evidencing that the premises is in compliance with the building, zoning, property maintenance, fire, and life safety codes and other applicable ordinances and codes of the city which are referenced codes. The code official shall perform a physical inspection of the residential rental property including the building exterior, common areas, basement, and the interior of each residential unit. Accessory structures including, but not limited to, garages and storage buildings and appurtenances such as sidewalks, driveways, parking facilities and retaining walls, which are on the property, are included. However, this article does not apply to:


1. Nursing homes, rest homes, and convalescent care facilities licensed by the state of Illinois; or


2. Hotel or motel rooms exclusively let for short term occupancy (for a period of less than 30 days) and otherwise regulated by the city. (Ord. 13-O-16, 3-7-2013)


B. 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 and the applicant shall schedule an inspection of the subject premises. Provided, however, nothing in this article 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 of compliance has not been issued, or when the code official has reasonable belief that a violation of the property maintenance code or other applicable ordinances and codes, including the building code or zoning regulations, have been violated.


C. Annually, the code official shall inspect all dwelling units occupied or held or offered for letting or occupancy within the city 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 city ordinances and codes.


D. The code official shall develop and maintain a citywide inventory 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 certificates 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 each year. 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 other applicable ordinances and codes.


E. Where an inspection is made 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 city business hours which is convenient to the code official and the applicant or agent. In all other cases, the inspection shall be made at such other time which the code official establishes.


F. In the event the applicant, owner or tenant of the premises to be inspected refuses entry to the premises to the code official, or in the event the owner or his agent is uncooperative in scheduling the inspection, the code official may seek the appropriate warrant from the circuit court of the nineteenth judicial circuit in Lake County for an administrative warrant. Refusal or failure of the owner or owner's agent to permit the code official to make the scheduled inspection shall be grounds for refusal to issue a certificate of compliance, renewal certificate of compliance or temporary certificate of compliance.


G. Inspection of the premises, to the extent reasonable and possible, shall be conducted with the consent and cooperation of the applicant or the designated agent.


H. Each inspection shall be made by the code official and shall be for the purpose for determining compliance with the provisions of this article. The inspections provided for in this article shall be of the mechanical, sanitary, safety and structural components and interior and exterior, walls, walks and driveways, parking facilities, rooms, roof 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 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.


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.


J. All notices under this article, including notices 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. 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 county treasurer as responsible for the real estate taxes for the property in violation. Such mailing shall be deemed to be service of such notice. (Ord. 2003-O-75, 12-16-2003; amd. Ord. 07-O-4, 2-6-2007)