5619
DIVISION II OF
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT COOK COUNTY ILLINOIS IN THE EXERCISE OF THEIR HOME RULE POWERS
SECTION ONE
Subsection
B 5
of Section
23 1802 of
entitled 23
Scope
of Article
18
entitled
Regulations
Regulations
ofthe
Village
Code
Chapter entirety
end of Subsection
3 B
The definitions in Section 1803 23 of
SECTION TWO
entitled
Definitions entitled
of Article
18
entitled
Regulations
Chapter
follows
23
Offenses
and Miscellaneous
Regulations
A read
as
ofthe
Village
Code
shall be amended
as
new
definition of
Certified Residential
Operator
shall be inserted
alphabetically
to be and
follows
Certified
as a
Residential
Operator
s
or
Certification
as a
Residential Operator
or
means
structure
as
Residential 2 of the
Operator
License and
a a
security
certificate
described in Section
awareness
Village completion of a community the Mount Prospect Police Department training program presented by Housing
Seminar shall be inserted
Code
certificate of
B
as
A follows
new
alphabetically
to be and read
Crime Free
Housing
to
Seminar
mean a
seminar
Department
lease
landlord-tenant
provide requirements
sponsored by the Mount Prospect Police designated agents regarding the Code Village including the crime-free housing
provision
definition of Chronic Public Nuisance
C read
as
new
Property
shall be inserted
alphabetically
to be and
follows
family
Property means any rental unit at in or on which any three 3 nuisances have occurred within anyone l year public period and any multirental structure at in or on which any six 6 or more public nuisances have l year period
shall be deleted and
a new
rental unit
Operator
a
License issued to
or
permit
the
violation
violations of
applicable
regulations
landlord
E
or
or a
permit designated
to
the rental of
rental unit
or
structure
agent
at the
required
Crime Free
the
shall be inserted
alphabetically
follows
Permit to suffer allow approve consent to acquiesce in including the failure to prevent through inaction F The definition of Public Nuisance shall be inserted
or
alphabetically
The
following criminal offenses are hereby declared to be public nuisances and may considered in determining whether or not a chronic public nuisance property exists
i 1961 ii
be
Any
Any
9 Homicide
Kidnapping and
related offenses
of
et
iii Any offenses defined and prohibited by Section 11-14 Prostitution Section 11-15 Soliciting for a Prostitute Section 11-16 Pandering Section 11-17 Keeping a Place of Prostitution Section 11-20 Child Pornography or Section 11-21 Harmful Material to Minors
ofthe Criminal Code of 1961 and 5/11-21 720 ILCS 5/11-14 5/11-15
iv
1961
v
Any Any
Any Any Any Any Any Any Any
by
Article 12
Article 16
Bodily
Harm
prohibited by prohibited by
Article 20-2
Incendiary
vii
Devices ofthe Criminal Code of 1961 offense defined and 720 ILCS 5/24-1
prohibited by Article
et
Deadly Weapons
Mob Action
of the Criminal
prohibited by Article
25
prohibited by
et
Section 26-2
Disorderly
Code of 1961
x
prohibited by prohibited by
Article 18
Gambling
1961 xi
Article 31
Interference
of
the Criminal Code of 1961 720 ILCS 5/31-1 xii offense defined and Purchase
or
et
Section 6-20
prohibited by Section 6-16 Prohibited Sales and Acceptance ofGift of Liquor by Persons Under Age 21 prohibited by
Possession ofthe
or
Liquor
570/1 00 et xiv
xv
prohibited by the Cannabis Control Act 720 ILCS 550/1 et prohibited by Article 8 Inchoate Offenses ofthe
which is relative to the commission of any of the Articles I
and
prohibited by
through
VIII of
Chapter
23
Offenses
and Miscellaneous
Regulations
ofthe
Village
Code
Activity
shall be inserted
alphabetically
to be and read as
Activity
or
public
nuisance
shall be inserted
alphabetically
any
a
building multi-family
1 read
as
includes
to include
buildings
shall be amended
by deleting
phrase
multi
family
to be
and
Rental Unit A
one or more
dwelling
unit in
rental structure
owner
by
J
as
Operator
License
alphabetically
to be and read
Residential
Operator
License
license to rent
rental unit
or
rental structure
as
required by
SECTION THREE
this Article
Agreements
entitled be and read
shall be inserted in Section 23 1804 entitled Rental entitled Residential Landlord and Tenant Regulations of Chapter 23 Offenses and Miscellaneous Regulations with the remaining Subsections to be renumbered to
new
Subsection A 2
of Article 18
as
follows
The landlord and tenant shall include in rental agreement terms and conditions
Miscellaneous Regulations
his costs
Village
Code
by Village to Enforce Compliance of Article Regulations of Chapter 23 entitled Offenses and shall be amended by deleting in its entirety the sentence
or
landlord
or
tenant
plus
reasonable
attorney
fees
new
Section 23 1813
entitled
Regulations
follows
Village
Code
the
of Chapter 23
Offenses and
to
to be renumber
numerically
Property
person to
intentionally knowingly recklessly negligently permit any rental unit and/or multi-family residential structure within the Village to become exist or be used as a chronic public nuisance and any chronic public nuisances found to exist within the Village shall be subject to abatement in accordance with this Section For purpose of this Section multi-family residential structure shall include the land
or
premises
room
but
not
limited
to any
parking
area
separate part
his/her
or
portion thereof
receives
one
or
report of any law enforcement agency lawfully exercising jurisdiction in the Village which reports or describes at in or on the same rental unit public nuisance activity within the same one I year
designee
police
or
the
period
or
same
multi-family
residential
his/her
following action
1
designee
Notify
nuisance property The notice shall contain the The street address
a
danger
of becoming
chronic
public
following
information
for identification ofthe dwelling
unit and/or or at
of becoming
property
is in
nuisance property with a concise description of the public nuisance activities that may exist or that have occurred Said notice shall further state the
chronic
danger
public
following
i Demand that corrective action be taken to insure that
a
third
or
subsequent public
unit within that
nuisance
ii
iii
multi-family subsequent public nuisance activity does not occur within that one I year period Explain that in the event of a subsequent occurrence of a public nuisance activity on that property the Chief ofPolice may declare the property a chronic public nuisance such that the landlord s Residential Operator s License shall be subject to suspension or revocation and Recommend that landlord enforce the crime free lease provision through
case
one
does not
or
occur
in
on or
at a rental
in the 6
of a
residential
structure
or
eviction
or
as
the Chief of
iv
right to
a
request
village
occurrence
received by the activity hearing village manager within eight 8 days following the date such notice was personally delivered or placed in the mail Ifsuch a request for a hearing
must be
nuisance
period
by regular U S designee
or
by personal
service
subsequent police reports of exercising jurisdiction in the Village which report or describe a activity at in or on the same rental unit or a second third fourth or fifth or subsequent public nuisance activity at in or on a multi-family residential structure within the same one I year period or the same multi-family residential structure the Chief ofPolice or his/her designee shall send a notice in the form set forth in Subsection I above For purpose of this Section it is not necessary that notices be sent for each public nuisance activity that may occur but that two 2 preabatement notices be sent in regard to public nuisance activities at a rental unit and five 5 preany law enforcement agency lawfully second or subsequent public nuisance
or
his/her
receives
abatement notices be
sent in
regard
to such activities at a
multi-family
residential structure
prior
to
commencement of the
abatement proceedings
Abatement Procedure If after complying with the notification procedures described in Subsection B ofthis Section the Chief of Police receives a police report documenting the occurrence of a third or subsequent public nuisance at in or on the rental unit and/or receives a activity police report
documenting
residential
the
occurrence a
sixth 1
or
subsequent public
nuisance
activity
at
in
or on a a
year of the acts or conduct with respect to which issued and determines that the property has become a chronic nuisance Police shall
multi-family
was
notification
public
1 Notify the landlord of the rental unit and/or multi-family residential structure that the property has been declared a chronic public nuisance property The notice shall contain the
following
a
information
or
A statement that the Chief ofPolice has determined the property to be with
a
concise
description
of the
public
nuisance activities
revoke
village
the Residential
Operator
License pursuant
to Section
manager to 401 10 C of
by regular
U S mail
or
by personal
service
In
an
action
seeking
s a
abatement of a chronic
Residential
public
ofthe Landlord
Operator
License the
preponderance
chronic
public
For purpose of showing that the property is a chronic public nuisance property and that a nuisance has occurred on the property the public testimony of police officers to recount witness statements shall be admissible to the discretion ofthe officer subject
hearing
The
s
following
are
defenses
to an action
seeking suspension
or
revocation of a Residential
Operator
a
License
question
care or
diligence
or
property
the conduct
a chronic public nuisance spite ofthe exercise ofreasonable care and diligence control leading to the findings that the property is a chronic public nuisance property
could not in
b the
same
That the
public nuisance
occur
activities
occurring
subject to
same
abatement under
tenant
The failure of any person to receive the notices in Subsections Band C of this Section
or
proceedings
underthis Section
Eviction
or
or
of a tenant
otherwise retaliate
about nuisance
prohibited It shall be unlawful for an owner to terminate the lease agreement against any tenant because that tenant complained to the Police Chief activities on the owner s premises Such eviction or retaliation shall be enforceable as a
1809 23
retaliation
violation of Section
ofthis Article
SECTION FIVE
Section 23 1813
entitled
License To
Family Chapter
follows
of Article 18
Operate MultiRegulations of
as
Regulations
Village
Code
shall be amended
The
its
entirety
as
follows
B follows
and
a new
Subsection A
inserted
to be and read as
License
Required
It is unlawful for any person to operate maintain or offer to rent for residential purposes within the village a rental unit or rental structure whether vacant or not without first
obtaining
Residential
to an
shall be issued
only
Operator s License as provided in this Article Inspection Group as defined in this Article
The license
posted
being
a residential lease either as lessor or lessee if unlicensed or having a revoked or suspended license
3 It is unlawful for any person to occupy renew a lease offer for rent or permit occupancy of any dwelling unit that is unlicensed or whose license is revoked or
suspended
C Subsection B 2 shall be deleted in its
entirety
and
replaced
with the
following
payable
on or
beginning June 1 2007 shall be due and payable on or before expiring on August 31 2008 Thereafter alllicenses shall be due before September 1 and the respective licenses shall expire on August 31 next
The
following
license
or
renewallicense
an
applicant has
been Certified
as a
to any
for the
new
licensing period
by
ten
percent 10%
Crime Free
Residential
Regulations
Code with
Offenses
and
Miscellaneous
Regulations
of the
Village
the
sections to be
renumbered
numerically
23 1814
Crime Free
Housing Operator
attended
s
A Residential
License shall
of Mount
not
be
issued
or
designated
Seminar
agent
has
and
Housing
year but with the
adoption
seminar
designated
agent
fails to
licensing comply
requirement by
October 1
2007
landlord makes
application for a Residential Operator s requirements but a Crime Free Housing Seminar is
to
available
landlord
or
his/her
designated
issued effective no more than three 3 attendance and successful completion by the subject agent of that seminar within that time period Upon
completion
period
Residential
Operator
License shall
designated
Housing
Seminar
comply designated by family residential structure under the Residential Operator s License the landlord newly designated agent shall attend and successfully complete the Seminar within
3 months ofthat event
and that agent is no longer employed by the landlord or the landlord to be responsible for managing the rental unit and/or multior a
three
A landlord of
or
structure
may
be
Certified
a
as
Residential certificate
Operator
as
upon
Residential
License and
a
security
certificate of
completion of the community awareness training program presented by the Mount Prospect Police Department The Certification as a Residential Operator shall be issued on an annual basis subject to annual compliance with the above requirements
E At any time after two 2 s License a Landlord years from the date of the issuance of a Residential designated agent may be required to attend and
Operator
or
successfully complete the Crime Free Housing Seminar Such requirement shall be subject to the recommendation of the Crime Free Housing Coordinator to the Village Manager who shall consider the following in making such determination
1 Whether the rental unit
s
Operator
License
is in
multi-family residential structure subject to the Residential danger of becoming a nuisance residential rental property as
or
Whether criminal
activity
is
occurring
take other
on
the
premises
initiate eviction
proceedings
s
or
appropriate
action
A Residential
Operator
required
and not
completed
delivered
within three
or
designated
agent
at the address
designated on
the
application
A Crime Free
Housing
Coordinator
a
to be
designated by
provide along
Housing
list of landlords and/or designated agents Seminar and/or are Certified Residential
Operators
with the dates of attendance and verification that the landlord or designated agent has otherwise complied with the Code to be for issuance or renewal of a
Village
eligible
Residential
Operator
License
After
crime-free lease
to violent or
every lease including lease extensions shall contain a the purpose ofwhich is to make criminal provision activity not limited facilitated or the drug-related criminal activity engaged
February
2007
by
by
lessee
member of the household guest or other party under the control of the lessee a lease violation and to provide the landlord with authority under that clause to initiate eviction
permitted by
state
Crime Free Housing Lease Provision Prohibition against criminal activity on premises
1 The Tenant any member ofthe tenant s household Tenant s guest s and any person under Tenant s control shall not engage in or facilitate criminal activity on the leased premises or on Lessor s property which includes the leased premises at
The Tenant any member of the tenant s household Tenant s guest s and any person under Tenant s control shall not permit the leased premises to be used for or to facilitate criminal activity regardless or whether the individual in such
engaging
activity
is
or a
guest
The Tenant any member of the tenant s household Tenant s and any guest s person under Tenant s control shall not engage in or facilitate any breach ofthe lease 3
safety
or
involves imminent
or
damage
4 Tenant
The Tenant is
s
vicariously
activity of any member ofthe and any person under Tenant s control whether or
or
knowledge
s
ofthe activity
whether
or
not the
household member
or
control
violations of subsections 1
a material
or
noncompliance
Any
such violation is
for termination oftenancy and eviction from the leased premises Unless otherwise required by law ofviolation shall not require a criminal conviction but proof
grounds
shall be
by
In
preponderance
ofthe evidence
case
provisions
7
activity
shall
mean
Any
1961
ii
Any
10
et
Kidnapping
of
Any offenses defined and prohibited by Section 11-14 Prostitution Section 11-15 Soliciting for a Prostitute Section 11-16 Pandering Section 11-17 Keeping a Place ofProstitution Section 11-20 Child Pornography or Section 11-21 Harmful Material
to Minors
5/11-16 5/11-17
5/11-20 5/11-20 1
iv
v
Any
1961
Article 12
Bodily
Any
Any offense
defined and
Article 20-2
or
vii
Deadly Weapons
ofthe Criminal
viii
prohibited by
ix
prohibited by
et
Section 26-2
Disorderly
Any
1961
Article 18
Gambling
et
xi
Any
Any
Article 31
et
Interference
of
Section 6-16
or
Section 6-20
or
ofGift of Liquor
by
Persons Under
Age
21
of the
Liquor
xiii
Any
prohibited by prohibited by
720 ILCS
570/1 00 et xiv
xv
Any
the Cannabis Control Act 720 ILCS 550/1 Article 8 Inchoate Offenses
et
Any inchoate
prohibited by
ofthe
xvi
any ofthe aforesaid principal offenses Any offense defined and prohibited by Articles I and Miscellaneous
through VIII
of
Chapter 23
Offenses
Regulations
ofthe
Village
Code
Regulations
of
Miscellaneous
Regulations
as
new
Subsection A 5
remaining
Subsections
to
be
renumbered
numerically
5
Rental
structures
other than
multi-family
rental
structures
shall
be
subject
as
to
in
response to complaints regarding noncompliance with The exterior of such structures shall also be subject to inspection
applicable
part of
conducted in
Subsection A 5 and
renumbered A 6 in its
by deleting
the
residential
phrase
multi
family
rental
inserting
place
the term
If any landlord property agent tenant or other person in control of a rental unit or multi-family residential structure fails or refuses to consent to free access and entry to the property for any inspection pursuant to this Article the code official or designee may upon approval of the village manager apply to the circuit court for an administrative warrant or other appropriate court order such Such an shall not be
a
waiver ofthe
village
application
to this article
C and read
Subsection A 6
as
renumbered A 7
shall be amended
follows
multi
family
to be
7 When for
violation
time
period
village
property
code official shall send notice of the violations and the the property owner or the listed compliance period to property agent by regular U S mail at the address provided on the most recent license application The notice shall include the following
a
maintenance
code
The
b
c
listing
for
applicable
code sections
period compliance explanation that if all violations have not been corrected within the compliance time period the license is subject to suspension revocation and nonrenewal
EIGHT Section 18 23 1818 entitled
SECTION
Proceedings
entitled
of Article
renumbered 23 1820 entitled Violations Notice of Court Residential Landlord and Tenant Regulations of Chapter 23
of the Village Code shall be amended and
a new as
Regulations
follows
A
as
I A
entirety
Subsection
I A inserted
to be and read
follows
Violations ofthe
in Section 23 1815 A
B follows
and
a new
as
filing a complaint in court with respect to a violation of this article the manager shall deliver or mail a violation notice to the landlord operating licensee or other party designated to receive notices and service of process on behalf of such landlord or licensee requesting compliance or in the event that a tenant or lessee has village
committed
a
Before
or
or
lessee In
through
the Administrative
Adjudication System
of this Code shall
provisions
Chapter
8 Article 21
govern SECTION NINE Division II Fees Section 23 1813 Rates and Taxes
as
entitled
License To
Operate Multi-Family
Rental Structures
of
of Appendix A of the
Village
Code
a new
follows
License
application
fee
or
$75
Inspections by Village
of Appendix A ofthe
Village
Enforcement Fees
a new
of Appendix II
Section 21607
follows
Monthly
Enforcement Fees
are
not in
than 20
dwelling dwelling
compliance within a particular complex $100 00 compliance within a particular complex $200 00 are not in compliance within a particular complex
SECTION TWELVE
passage
approval
and
publication
pamphlet
form in the
provided by
law
AYES
NAYS
None
ABSENT
Zadel
6th day
ofMarch 2007
-1f
Irvana K Wilks
Mayor
ATTEST
/
-
n /
1
i
/J
/l
j7/A
M LIsa
Angell
Clerk
Village
CLKO
files WIN ORDINANC Crime Free Housing ordinance 4 march6 2007 DOC