Justice Ch. 8 Art. XII Annual Inspection for Residential Apartment Units (§§8-501–8-516) § 8-512

(a) Whenever, upon reinspection of an inspection group or any portion of an inspection group, the code official finds that conditions or practices remain which are in violation of any applicable regulations, the code official shall serve the owner or operator with a final notice of violation. The notice shall state that unless all violations cited are corrected within a reasonable time of not less than five (5) days nor more than thirty (30) days, the operating license will be revoked. In the case of a renewal, the notice shall state that the license will be denied.


(b) At the end of the time allowed for correction of any violation cited, the village shall reinspect the multi-family rental structure and if it is determined that the violations have not been corrected, an order shall be issued revoking or denying the operating license. The order shall take effect eight (8) days following mailing to the landlord unless a hearing is requested as set forth in subsection (c) of this section.


(c) Any person whose license to operate a multi-family structure is subject to revocation or denial shall be entitled to a hearing on that revocation or denial action by filing with the village president a written request for a hearing before the village board within eight (8) days following the mailing of the revocation order. Upon receipt of the request, the hearing shall be scheduled at a date not more than twenty-one (21) business days thereafter. Upon completion of the hearing, the village board may:


(1) Confirm the revocation or denial; or


(2) Hold the revocation in abeyance and allow additional compliance time not to exceed thirty (30) days; or


(3) Rescind the revocation or issue the license.


(4) A conditional license may be issued subject to any conditions deemed appropriate by the village board. If the village board, upon written report of the code official finds that the conditions of the conditional license have not been met, the license may be summarily revoked and a written notice of the conditional license revocation specifying the defects shall be sent by regular U.S. mail to the owner or agent.


(d) If a timely request for a hearing is not filed then the revocation or denial order shall be permanent.


(e) In the event an operating license is revoked or denied then:


(1) No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within the inspection group; and


(2) The village shall have the right to proceed under section 8-507 of this article.


(f) A license which has been revoked or denied shall not be reinstated. The property owner 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 article.


(g) Whenever a license is revoked or denied, the code official shall send notice to the property owner or the listed property agent at the last address provided on the most recent license application. The notice shall be sent by registered mail, return receipt requested. The code official shall also notify all tenants of the rental residential structure by posting a notice on all entrances to the rental residential structure. The notice to the tenants shall include the following statement:


You are hereby notified that the license for this structure has been revoked or denied pursuant to the Justice Municipal Code. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building.


(Ord. 98-10, § 1, 3-9-1998; Ord. 2016-20, § 1, 5-23-2016)