Wheeling — Ch. 4.84 Rental Residential Property § 4.84.060

(a) Upon submission of a completed application for a license or license renewal for any rental residential property and the payment of all required fees, an inspection of the rental residential property shall be scheduled by the applicant with the code official within two weeks. The inspection may be waived at the discretion of the community development director upon determination that the property in question has previously demonstrated adherence to relevant codes and ordinances through a history of inspections without deficiencies.
(b) A licensing inspection of rental residential property shall include the premises and, in the case of multifamily rental residential property, a percentage of the individual dwelling units with a minimum of at least one dwelling unit. The code official or their designee shall determine which dwelling units are to be inspected.
(c) When a licensing inspection of a rental residential property reveals any violations of applicable codes, a compliance time frame will be set by the code official. In establishing a compliance time frame, the code official shall determine the reasonable minimal time necessary to correct the violations based upon the number and severity of the violations. The code official shall provide notice by personal service or send notice to the property owner or the listed property agent by regular U.S. mail at the last address provided on the most recent license application. Said notice shall include the following:
(1) Description of the property sufficient for identification;
(2) A statement listing the violations of applicable codes;
(3) A statement of the date upon which the licensing reinspection will occur; and
(4) An explanation that if upon completion of the licensing reinspection the requirements of applicable village codes have not been met, then a written denial of the license may be issued.
(d) A licensing reinspection shall be conducted at the end of the compliance time frame. Upon completion of the licensing reinspection of the rental residential property, the code official shall:
(1) Approve the license if the rental residential property meets the requirements of applicable village codes; or
(2) Approve a conditional license if the property cannot be fully licensed due to special circumstances; or
(3) Issue a written denial of the license. The written denial shall specify the defect(s) that remain and shall be transmitted by regular U.S. mail to the applicant.
(e) A conditional license may be issued for a term not exceeding six months to those rental properties which cannot be fully licensed due to special circumstances, (e.g., weather conditions, unavailability of required materials or services, or other circumstances approved by the code official). Any property which has not met the requirements of the applicable village codes by the end of the conditional licensing term shall be considered unlicensed.
(f) The term of any original license or subsequent renewal of that license for a rental residential property shall be granted for a three- or two-year period under the following circumstances:
(1) A rental residential property which is in total compliance at the time of the licensing inspection shall receive a three-year license at no additional charge and with no additional inspections being required.
(2) A rental residential property which has only routine maintenance deficiencies noted on the licensing inspection report and which is brought into full compliance by the reinspection date (thirty days) shall receive a two-year license at no additional charge and with no additional inspections being required. A rental residential property for which more than routine maintenance work is required or for which multiple reinspections are performed shall receive a two-year license upon achieving compliance.
(g) If during a licensing inspection any dwelling unit is determined to be unfit for occupancy as specified in the village's property maintenance or municipal code, an additional twenty percent of the dwelling units in the subject rental residential property will be inspected. If similar violations are observed in the additional dwelling units, the entire rental residential property will be subject to inspection. Each additional dwelling unit inspected shall be subject to the dwelling unit fee as set forth in Section 4.84.050 (c) of this Chapter. Any unit found unfit for occupancy shall be subject to the enforcement procedures contained in the village's property maintenance and municipal code.
(h) The number of dwelling units to be inspected per licensed building shall be calculated using the following table:
Number of Dwelling Units on Property | Number of Dwelling Units to be Inspected
1--5 | 1
6--10 | 2
11--20 | 3
21--30 | 4
31--40 | 5
41--50 | 6
51 and more | 7
(i) All additional inspections made necessary because of cited violations not being corrected at the time of the initial license reinspection shall be subject to a fee of one hundred fifty dollars per inspection/per inspector, except that a single additional reinspection will be conducted at the end of the conditional license term without added fees for the purpose of determining compliance. The conditional license and the full rental residential license shall not be issued and the property shall not be considered properly licensed until all reinspection fees are paid.
(j) Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact.