South Barrington CHAPTER 19 LICENSING OF SINGLE FAMILY RENTAL PROPERTIES § 3-19-6

A. Enforcement Authority: It shall be the duty of the Building Officer to enforce the provisions of this Chapter, the Village Code, and the International Code Council codes, as adopted and amended from time to time by the Village.


B. Violations:


1. The following shall constitute violations of this Chapter:


a. Failure of the owner, managing agent, or property agent of a single family dwelling to license such property with the Village.


b. Failure to comply with the terms of this Chapter.


c. Failure of the occupants of a single family dwelling to vacate such property within sixty (60) days after receiving notice from the Code Official that such property is not properly licensed or that the license has been revoked.


d. Failure of the owner, managing agent, or property agent of a single family dwelling to vacate all tenants from said property within sixty (60) days after the license has been revoked.


e. Failure of the owner, managing agent, or property agent of a single family dwelling to maintain a single family dwelling in compliance with applicable building, property maintenance and zoning ordinances.


f. For any person other than one authorized by the Code Official to remove or deface any notices which have been posted pursuant to this Chapter.


C. License Suspension Or Revocation:


1. Suspension Procedures:


a. A license may be suspended by the Building Official when a violation of applicable Village ordinances has been identified by the Village and/or the owner, managing agent, or property agent has been properly notified of the violation and given a period of time in which to correct the violation, but has failed to do so. A license may also be suspended by the Code Official when any information provided in the license application is determined by the Code Official to be false.


b. When a license is suspended, the Code Official shall send notice to the property owner, managing agent, or property agent and the tenant at the last address provided on the most recent license application. The notice shall be sent by certified mail, return receipt requested. The notice shall include the following:


(1) Description of the single family dwelling sufficient for identification;


(2) A statement of the reasons for the suspension;


(3) An explanation of the owner's right to appeal the suspension to the Village Administrator; and


(4) If the owner changes his/her/its address or changes the managing agent or property agent and fails to notify the Village Administrator, such notice shall be sufficient if sent by certified mail to the owner's, managing agent's, or property agent's last address provided on the last license application.


c. An owner whose license has been suspended may request a re-inspection prior to revocation. If, upon re-inspection, the Village Administrator finds that the single family dwelling, in connection with the notice which was issued, is now in compliance with this Chapter, then the Code Official may reinstate the suspended license upon payment of a seventy five dollar ($75.00) reinstatement fee. The request for a re-inspection shall not stay the revocation of the license.


d. Any owner whose license has been suspended shall be entitled to appeal the suspension to the Village President by filing a written petition within twenty (20) days after the date of suspension. The Code Official shall transmit to the Village President copies of all records and notices upon which the suspension is based. A hearing shall be scheduled as soon as practical upon receipt of a timely petition. The Village President, in considering any such petition, may immediately revoke the license or continue the suspension to a definite compliance date. The penalty for noncompliance shall be revocation by the Village Administrator and/or prosecution of violations in the Circuit Court or administrative hearings and any fines and penalties imposed by said court or Administrative Hearing Officer. The Village President may dismiss the charges and reinstate the suspended license upon proof of compliance or lack of evidence of noncompliance. A seventy five dollar ($75.00) reinstatement fee may be imposed after proof of compliance is shown.


2. Revocation Procedures:


a. A license may be revoked by the Village Administrator when a petition for appeal has not been filed within twenty (20) days following the date of issuance of an order of suspension. A license may be revoked by the Code Official when, in the opinion of the Code Official, emergency conditions exist in a single family dwelling that requires the immediate vacating of a structure as specified in the International Property Maintenance Code.


b. A license which has been properly revoked as herein provided shall not be reinstated. The owner may, however, obtain a new license after all violations have been corrected and by following the procedures for obtaining a new license and the payment of appropriate fees as set forth in this Chapter.


c. If a license is revoked without having the opportunity of a suspension hearing, owner has the right to appeal that revocation. The appeal shall conform to division C1d of this section. Such an appeal shall not operate as a stay of revocation until such time as the Village President renders a decision on the appeal, unless the Code Official grants a request for a stay upon a showing of good cause by the owner.


d. Whenever a license is revoked, the Code Official shall send notice to the property owner, managing agent, or property agent at the last address provided on the most recent license application. The notice shall be sent by certified mail, return receipt requested. The Code Official shall also notify all tenants of the single family dwelling by posting a notice on all entrances to the single family dwelling. The notice to the tenants shall include the following:


(1) You are hereby notified that the license for this single family dwelling has been revoked pursuant to Title 3, Chapter 19 of the Village Code.


(2) You must vacate this single family dwelling within sixty (60) days of the date of this notice, except if said revocation is pursuant to a declaration of emergency condition by the Code Official. If emergency conditions exist, the notice to tenants shall provide for the immediate vacation of the single family dwelling.


(3) If you fail to vacate this single family dwelling, you will be in violation of Title 3, Chapter 19 of the Village Code and subject to a minimum fine of $100.00 and a maximum fine of $1,000.00 for each day you remain in the single family dwelling in violation of this Chapter.


D. Enforcement Costs: If any court of competent jurisdiction finds that any owner, managing agent, or property agent has violated any provision(s) of this Chapter, such court shall award to the Village all of the Village's costs related to the enforcement of this Chapter, including, but not limited to, court costs, attorney fees, building inspection costs, and administrative costs. (Ord. 2020-1227, 3-11-2020)