Justice Ch. 8 Art. XII Annual Inspection for Residential Apartment Units (§§8-501–8-516) § 8-509

(a) Inspection Requirements; License Issuance Or Denial:


(1) Each multi-family rental structure, and each unit within the structure shall be subject to inspection, in accordance with this article, for compliance with all applicable regulations. A license may be denied if the property has been inspected and is not in compliance with applicable regulations. In such a case, the licensee may apply for a conditional license.


(2) Initial and subsequent annual licensing inspections shall include the building exterior, common areas, basement and not less than twenty percent (20%) of the individual dwelling units ("regular schedule"). All units within the structure shall be inspected every five (5) years unless inspections are required less frequently pursuant to the incentive provisions of this article. However, no multi-family structure which is less than ten (10) years old shall be subject to individual dwelling unit inspections unless independent cause exists to make such an inspection. The age of the structure shall be established from the date of the original certificate of occupancy or if not available, by proof otherwise acceptable to the village.


(3) The owner or authorized agent will be given at least thirty (30) days' notice by regular mail prior to any inspection being conducted. Upon receipt of the notice of inspection, the owner shall notify the tenant, on a form provided by the village, of the date and time of the inspection by either placing the completed form under or on the door of the unit at least seventy two (72) hours prior to the inspection. The form shall contain a certification that the owner has served the notice as set forth in this subsection (a)(3). Each notice shall inform the owner and occupant of their right to refuse to consent to the inspection and to require the village to obtain an administrative warrant or other appropriate court order authorizing such inspection. The building commissioner or his authorized designee shall establish procedures for attempting to assure reasonable notice in circumstances (i.e., lack of cooperation by owner) where service and posting are not necessarily in accordance with this subsection (a)(3).


(4) If any owner, property agent, tenant or other person in control of a multi-family rental residential structure or a dwelling unit fails or refuses to consent to free access and entry to the property or dwelling unit for any inspection pursuant to this article, the code official or designee may, upon approval of the village president, apply to the circuit court for an administrative warrant or other appropriate court order authorizing such inspection. Such an application shall not be a waiver of the village's right to seek other remedies pursuant to this article.


(5) When a licensing inspection of a multi-family rental structure reveals any violation, a time period for compliance shall be set by the code official in accordance with village property maintenance code. The code official shall send notice of the violations and the compliance period to the property owner or the listed property agent by regular U.S. mail at the address provided on the most recent license application. The notice shall include the following:


a. Identification of the property;


b. A statement listing the violations and applicable code's sections;


c. The time period for compliance and a proposed date for re-inspection;


d. An explanation that if all violations have not been corrected within that compliance time period the license is subject to revocation and nonrenewal.


(6) A re-inspection fee is hereby imposed of forty dollars ($40.00) per unit to be re-inspected, which fee is to be paid prior to the end of the compliance time period. If violations still exist, the procedures described in section 8-512 of this article shall take effect, and any subsequent re-inspection fee per unit re-inspected, shall be paid within the compliance period set by the code official. In addition, the village will conduct inspections at other times at the request of the tenant or the owners of the building at an inspection fee of forty dollars ($40.00).


(7) If during a licensing inspection or re-inspection any dwelling unit is determined to be unfit for


human occupancy as specified in the village's property maintenance code, an additional twenty percent (20%) of the dwelling units in the subject rental residential property shall be inspected. If similar violations are observed in the additional dwelling units, the owner's entire rental residential property shall be subject to inspection. All additional dwelling units inspected shall be subject to an additional inspection fee of forty dollars ($40.00) per unit.


(8) If, during any licensing period the village finds no violations or only warning conditions, then subsequent inspections shall be made according to the following schedule:


An inspection group with twenty (20) or more units shall have only five percent (5%) of the units inspected for the next license year.


A change in ownership of an inspection group shall not affect the incentive schedule status of the inspection group.


(9) The village inspector shall, prior to entering an occupied apartment, give the resident manager or owner a reasonable opportunity to be present during the inspection. Unless otherwise specified in a court order or warrant, the inspector will not inspect or search personal property of the occupant. The inspector, while performing the duties of office, will otherwise fully consider the privacy and dignity of the occupant and will not enter or open closets, medicine cabinets or the other closed cabinets or lockers unless the inspector has reasonable grounds to believe that to do so would establish evidence of code violations. If a resident desires to be present for an inspection and it would result in an unusual hardship for that resident to be present during regular village business hours, the inspector shall attempt to conduct the inspection at a time reasonably convenient to the resident.


(Ord. 98-10, § 1, 3-9-1998; Ord. 98-34, §§ 1, 2, 8-10-1998; Ord. 2013-03, § 2, 3-25-2013; Ord. 2016-20, § 1, 5-23-2015)