For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates and requires a different meaning. Words or phrases as used in this chapter and not herein defined shall be defined as provided by the Building or Zoning ordinances of the City of LaSalle.

   OCCUPANT.  A resident of rental residential property other than a tenant who occupies the rental residential property pursuant to the lease of the tenant with the owner.

      (1)   The record title holder of the premises as indicated by the LaSalle County Recorder of Deeds, whether the same be individual and/or individuals, corporation, limited liability company, partnership, trustee and/or other legal entity specifically indicated of record with the LaSalle County Recorder of Deeds;

      (2)   Any owner of the entirety of and/or a portion of the beneficial interest in any Illinois Land Trust provided that any such owner of beneficial interest of the land trust provides the City of LaSalle with appropriate written evidence of the trust agreement and/or an amendment thereto that indicates the individual and/or entity is the owner of the beneficial interest in the land trust prior to October 1 of each respective year; and/or

      (3)   A contract purchaser of real estate provided that a copy of the contract and/or a memorandum of the agreement disclosing the name of the contract purchaser and/or purchasers is filed with the Recorder of Deeds of LaSalle County prior to October 1 of the respective year concerning which the rental license application is due, which rental license fiscal years run from October 1 of each respective year until September 30 of the following year.

   SINGLE-FAMILY RENTAL RESIDENTIAL PROPERTY.  Rental residential property with one dwelling unit.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2518, passed 10-21-2014; Am. Ord. 2801, passed 2-4-2019)

   (A)   The remedies provided by this section are also in addition to remedies provided and available to the city and law enforcement agencies in reference to alleged violations of other ordinances and/or alleged violations of criminal laws of the State of Illinois and/or the United States of America. This chapter shall not be construed as to restrict the right of this city to inspect any property nor to seek penalties for violations of other provisions of other city ordinances, state and/or federal law and/or state and/or federal regulations.

   (B)   In addition to the provisions regarding fees charged in regard to applications as provided within § 152.04, there shall henceforth be the following additional fees and charges.

      (1)   In regard to fees in connection with inspections required and/or allowed by this chapter, the following additional charges shall be applicable.

         (a)   Initial inspection and/or initial change of tenancy inspection as provided for in this chapter:  No fee.

         (b)   First follow-up inspection in regard to initial required inspection and/or change of occupancy inspection in respect to compliance with the recommendations and requirements of the initial inspection/change of tenancy:  No fee.

         (c)   Second follow-up inspection in regard to compliance regarding the recommendations and requirements of the initial inspection and/or change of tenancy inspection:  $25.

         (d)   Third follow-up inspection in regard to compliance regarding the above referenced requirements and/or recommendations of the initial inspection and/or change of tenancy inspection:  $50.

         (e)   That there shall be an additional charge assessed and due from the owner in regard to any scheduled inspection missed by the owner:  $50.

      (2)   Additionally, it is provided that the above graduated fee for inspection schedule and related charges shall be reinitiated upon each change of tenancy/occupancy provided that the landlord has previously complied with any required remediation in accord with earlier inspections. (i.e., in the event that there should be a change of occupancy following an initial inspection concerning which there had been compliance with the requirements of this chapter as approved by the Building Inspector, then the new change of tenancy/occupancy shall have no fee charged for the initial inspection on said change of occupancy.

   (C)   This chapter is not intended to and does not affect the rights and obligations of the parties to a lease, oral or written, or of a rental residential property.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2518, passed 10-21-2014)

   (A)   It is unlawful for any person, firm, partnership, corporation or other legal entity to operate, maintain or offer to rent within the city a rental residential property whether vacant or not without first obtaining a license as provided in this chapter.

   (B)   It is unlawful for a person to occupy a rental residential property, or for any owner or property agent to allow anyone to occupy a rental residential property which is not licensed as provided in this chapter.

   (C)   It is unlawful for any person, firm, partnership, corporation or other legal entity to offer for rent or to occupy any vacant dwelling unit or rooming unit or any dwelling unit or rooming unit that becomes vacant in a rental residential property for which a license is under suspension.

   (D)   This chapter shall not apply to the following structures:

      (1)   Single-family owner-occupied dwellings;

      (2)   Single-family dwellings occupied by a member of the owner’s family. Said family is limited to the following relatives of the owner: parents, children, mother-in-law, father-in-law, brothers, sisters, brother-in-law, sister-in-law, wife, and/or husband;

      (3)   Single-family dwellings which are vacant but which are not intended to be let for rent;

      (4)   Townhouse and condominium owner-occupied dwellings;

      (5)   Hotels, including, but not being limited to, all transient occupancy rental units as defined in § 152.01;

      (6)   Nursing homes, retirement centers and rest homes, provided that such structures used as nursing homes, retirement centers and/or rest homes are specifically licensed as nursing homes, retirement centers and/or rest homes, and also inspected by the State of Illinois as a nursing home, retirement center and/or rest home;

      (7)   Dwellings, buildings, structures and uses owned by other governmental agencies and public housing authorities; and

      (8)   Multiple-family rental residential property in which each dwelling unit is occupied by a record owner of the property.

   (E)   A license for a rental residential property cannot be transferred to another rental residential property nor a succeeding owner.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2801, passed 2-4-2019)

   (A)   Each applicant for a license or renewal license to maintain a rental residential property for the purpose of renting it to others or for the purpose of allowing others to occupy it as a dwelling unit or a rooming unit shall file a written application with the Code Official stating:

      (1)   The full legal name, address, and home and work telephone numbers of each and every owner of the rental residential property;

      (2)   The address of the rental residential property;

      (3)   The number of dwelling units or rooming units within the rental residential property;

      (4)   In the case of a rental residential property owner who does not reside within a 25 mile radius of LaSalle City Hall (745 Second Street, LaSalle, IL), the name, address and phone number of his or her agent with authority for receipt of service or notice of a violation of the provisions of this chapter and/or for receipt of service or notice related to compliance and/or enforcement of this chapter and/or the building or zoning ordinances of the City of LaSalle;

      (5)   Whenever there is a change in the ownership of a rental residential property or the owner’s property agent, the owners shall, within 30 days of such changes, file an updated written notice with the Code Official indicating such changes;

      (6)   The total square footage designated for living and sleeping purposes within the rental residential property as determined by the city’s property maintenance code;

      (7)   Approval must be obtained from the Code Official prior to any change being made in the number of dwelling units or rooming units within a licensed rental residential property. Application for such change shall be made on a form provided by the Code Official. The Code Official will review the proposed change and respond to the property owner within 30 days of the filing of the application. Any and all changes must meet all zoning, property maintenance code and building code requirements of the city. If the change increases the total number of dwelling units or rooming units in the building beyond 2, plans from a licensed architect must be submitted to the code official for approval; and

      (8)   The full legal name of the adult tenant and/or adult tenants of the rental residential property. Additionally, the owner shall provide written notice to the city of any change in the tenant and/or pursuant to the definition of tenant as provided herein, adult occupant of the rental residential property.

      (9)   Each license application shall include evidence provided by the applicant that at least one of the landlords shall have completed and/or has applied for and is in the process of completing the city rental licensing training course either in person and/or on-line in such a manner as shall be established by the City Building Inspector, rules and requirements concerning which shall be available at City Hall and on the city website.

   (B) Each application for a new license or renewal of an existing license shall be accompanied by a fee of $30 for single family dwelling residential rental property, $30 for multiple family dwelling residential rental property and $30 for rooming house residential rental property. In addition thereto, a dwelling unit and rooming unit fee of $30 will be assessed for each dwelling unit and rooming in excess of one. The fee shall be required to be paid with the application in regard to any new license application. Any newly issued license shall be valid unless suspended and/or revoked as provided herein from the date of issuance up to and including the next prospective September 30. All residential rental licenses shall expire on September 30 of each year. No person and/or entity shall be entitled to the issuance of a rental license and/or renewal thereof absent evidence of completion of the city rental license training program as set forth within division (A)(9) above. Satisfactory evidence of completion of such training program must be done by a landlord at least once every five years unless otherwise prescribed by or excused by ordinance. The charge regarding any renewal shall be as aforesaid in the amount of $30. Additionally, in the event that any fee due in regard to a renewal of an existing license shall not be paid by September 30 of any given year, then in that event, there shall be an additional late charge assessed in the amount of an additional sum of $20 regarding the renewal. All fees and charges required by this chapter shall be due and payable at the office of the City of LaSalle Comptroller and Billing Department.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2518, passed 10-21-2014; Am. Ord. 2909, passed 11-2-2020)

   (A)   All rental residential property shall be subject to an inspection as a condition to the issuance of the license prior to the occupancy by a tenant and prior to the issuance of the initial license and/or after any change in tenancy, which per the definition of tenant in this chapter includes a change of adult occupancy. However, no change in tenancy inspection shall be required in the event that the residential rental premises involved in the change of tenancy have passed inspection satisfactory to the Building Inspector within 90 days preceding the change in adult tenancy. Additional inspections shall be allowed to the city upon a request of a tenant or owner, or upon the city determining that probable cause exists for a violation of the provisions of this chapter and/or any other city code for the purpose of determining whether the residential rental property is in compliance with all applicable property maintenance laws, and further in compliance with the city’s zoning ordinance, and all other applicable provisions of this chapter of the LaSalle City Code. Any such inspection shall also within the discretion of the Building Inspector include a physical inspection of the residential property including the building exterior, common areas, basement and all individual units of the rental residential property.

   (B)   That notwithstanding the provisions within division (A) of this section, in the event that the owner shall have provided written notice to the city of a request for initial inspection and/or request for inspection based upon change of tenancy/occupancy as provided herein by either certified mail, return receipt requested, addressed to the City of LaSalle Building Inspector c/o 745 Second Street, LaSalle, IL 61301 or to the e-mail address of the City of LaSalle Building Inspector presently at c.covert@lasalle-il.gov and in the further event that following receipt of said notice the city shall not within 5 days perform an inspection then in that event the premises may be leased and occupied by tenants without the issuance of the license, with the city however retaining the right to reasonably inspect the premises regarding said initial issuance and/or change of occupancy within 90 days of said written notice.

   (C)   When a licensing inspection of a rental residential property reveals any violations of applicable ordinances, 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. In the event that the property is unoccupied at the time that an inspection of a rental residential property reveals any violations of applicable ordinances, the Building Inspector shall have the discretion to require, depending upon a circumstance as deemed appropriate within the appropriate exercise of discretion by the Building Inspector that corrections in regard to the full remediation and compliance be made prior to the residential rental property being allowed to be reoccupied. The Code Official shall 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. The notice shall include the following:

      (1)   Description of the property sufficient for identification;

      (2)   A statement listing the violations of applicable ordinances;

      (3)   A statement of the date upon which the licensing re-inspection will occur; and

      (4)   An explanation that if upon completion of the licensing re-inspection that the requirements of applicable city ordinances have not been met, a written denial of the license application revoking the temporary certificate will be issued.

   (D)   A licensing re-inspection will be conducted as provided above in the event of change of tenancy, which per the definition of this chapter shall include change in adult occupancy. The license shall remain in effect upon the successful completion of a licensing re-inspection that determines the rental residential property meets the requirements of applicable city ordinances. If the Code Official finds that the requirements of applicable city ordinances have not been met, or that any information provided in the license application is false, the license shall be suspended or revoked in accordance with § 152.08.

   (F)   Applications for license renewals shall be made in the same manner as for new applications except that such applications shall state thereon such fact.

(Ord. 2006, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2518, passed 10-21-2014)

   It shall be the duty of the Department of the Building Inspector to enforce the provisions of this chapter as authorized by the City of LaSalle and the property maintenance code as adopted and amended by the city. The Code Official referred to in this chapter shall be the Building Inspector of the City of LaSalle and/or any other representative of the city that may be specifically designated by the City Council of the City of LaSalle to be the Code Official for purposes of this chapter unless and until such time as the City Council appoints a different representative, the Building Inspector of the City of LaSalle shall be the Code Official. Additionally, the Appeals Board referred to herein shall be the body of officials of the Zoning Board of Appeals of the City of LaSalle. Any final decision of the Zoning Board of Appeals may be pursued through the Circuit Court of LaSalle County pursuant to the law and provisions made in respect to appeals of administrative decisions in administrative review.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)

   The following shall constitute violations of this chapter:

   (A)   Failure of the owner or owners of the rental residential property to license such property with the code official.

   (B)   Failure of the occupants of the rental residential property to vacate such property within 60 days after receiving notice from the code official that such property is not properly licensed or that the license or temporary certificate has been revoked.

   (C)   Failure of the owner of the rental residential property to vacate all tenants from the property within 60 days after the license or temporary certificate has been revoked.

   (D)   Failure of the owners of the rental residential property to maintain the structure and premises in compliance with applicable building, property maintenance and zoning ordinances.

   (E)   Any person other than an inspector from the department who removes or defaces any notices which have been posted pursuant to this chapter without the approval of the code official shall be liable for the penalties provided for by this chapter.

   (F)   Failure of the owner of the rental residential property to comply with any other applicable provision of this chapter or other city ordinances.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)

   (A)   A license may be suspended when violations of applicable city ordinances, state statutes and/or state regulations have been identified by the department and the property owner has been properly notified of the violations and given a reasonable period of time in which to correct violations, but has failed to do so. A license may also be suspended when any information provided in the license application is determined by the code official to be false.

   (B)   When an inspection of a licensed rental residential property reveals any violations of applicable ordinances, a compliance time frame will be set by the code official using the standard as set forth in § 152.05(E). The Code Official shall 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. The notice shall include the following:

      (1)   Description of the rental residential property sufficient for identification;

      (2)   A statement listing the violations of applicable ordinances;

      (3)   A statement on the date upon which a re-inspection will occur; and

      (4)   An explanation that if upon completion of the re-inspection that the requirements of applicable city ordinances have not been met, that the license for the rental residential property will be suspended.

   (C)   A re-inspection will be conducted at the end of the compliance time frame. If the code official finds that the requirements of applicable city ordinances have not been met upon the completion of such re-inspection, the license for the rental residential property shall be suspended.

   (D)   When a license is suspended, 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 certified mail, return receipt requested, or personally served upon the property owner or the property agent listed on the most recent license application. The notice shall include the following:

      (1)   Description of the property sufficient for identification;

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

      (3)   An explanation of the property owner’s right to appeal the suspension;

      (4)   If the property owner changes his or her address or changes property agents and fails to notify the department, such notice shall be sufficient if sent by certified mail to the owner or his or her property agent’s last address provided on the last license application.

   (E)   A property owner whose license has been suspended may request a re-inspection prior to revocation. If, upon re-inspection, the department finds that the licensed rental residential property in connection with which the notice was issued is now in compliance with this chapter, the code official may reinstate the license. The request for a re-inspection shall not stay the revocation of the license unless the Code Official grants such request pursuant to a showing of good cause by the property owner.

   (F)   Any person whose license has been suspended shall be entitled to appeal the suspension by filing a petition as set forth in the Property Maintenance Code Ordinance of the City of LaSalle with the Appeals Board vested with the authority for considering any such petition. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal. A hearing shall be scheduled in accordance with the provisions of this code and the rules and regulations of the Appeals Board. The Appeals Board considering any such petition may immediately revoke the license, continue the suspension to a definite compliance date with revocation being the penalty for noncompliance, or dismiss the charges and reinstate the license. The Appeals Board shall render a decision in accordance with the provisions of this chapter and its rules and regulations.

   (G)   A license may be revoked when a petition for appeal has not been filed within 20 days following the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A license may also be revoked when in the opinion of the Code Official emergency conditions exist in a rental residential property that require the immediate vacating of a structure as specified in the city’s property maintenance code.

   (H)   A license which has been properly revoked as herein provided 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 chapter, including the payment of all applicable fees.

   (I)   If a license is revoked without having the opportunity of a suspension hearing, the property owner has the right to appeal that revocation. The appeal shall conform to division (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the Appeals Board renders a decision on the appeal.

   (J)   (1)   Whenever a license is revoked, 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 certified mail, return receipt requested. The Code Official shall also notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential structure. The notice to the tenants and occupants shall include the following:

         (a)   You are hereby notified that the license for this structure has been revoked pursuant to ordinance of the City of LaSalle.

         (b)   You must vacate this structure within 60 days of the date of this notice.

         (c)   If you fail to vacate this structure, you will be in violation of ordinance of the City of LaSalle and subject to penalties of fines with a minimum of $50 and a maximum of $500 for each day you are in violation.

      (2)   Any tenant of the rental residential property may appeal the revocation of the license. The appeal shall conform with division (F) of this section. Such an appeal shall operate as a stay of the revocation until such time as the appeals board renders a decision on the appeal.

   (K)   (1)   Whenever an owner or property agent of a rental residential property fails to license the property with the department, the Code Official shall notify all tenants and occupants of the rental residential property by posting a notice on all entrances to the rental residential property indicating the following:

         (a)   You are hereby notified that the owner or agent of this structure has failed to license this rental residential property with the department in violation of ordinance of the City of LaSalle.

         (b)   You must vacate this structure within 60 days of this notice.

         (c)   If you fail to vacate this structure, you will be subject to the penalties and fines with a minimum of $50 and a maximum of $500 for each day you are in violation.

      (2)   Any tenant of the rental residential property may appeal the code official’s order to vacate the structure because the owner has failed to license said property with the department. Said appeal shall conform with subsection F of this section. Such an appeal shall operate as a stay of the order to vacate the structure until such time as the appeals board renders a decision on the appeal.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)

   (A)   The owner of a rental residential property shall maintain a record for each property with the full legal names of every tenant or occupant residing in each dwelling unit or rooming unit.

   (B)   The owner or property agent of a rental residential property shall provide the City of LaSalle and each tenant with the name and telephone number of a responsible person who, in emergency situations, will be available on a 24 hour basis and who has the authority to make repairs as needed.

   (C)   The owner of a rental residential property shall inform each tenant in writing, prior to occupancy, of the maximum number of persons allowable by the occupancy standards of the city’s property maintenance code. This number shall be determined by the code official.

   (D)   The owner of a rental residential property shall make available to the code official, upon request, the tenant and occupant records required to be maintained under this section.

   (E)   Commencing with October 1, 2010, the owner of a rental residential property that has a common hallway/common entrance shall cause to be installed and equipped a key lock box on the exterior of the structure to aid the LaSalle Fire Department in gaining access to the common hallway/common entrance to the structure when responding to calls for emergency service; the owner of a residential rental property shall at all times keep a key in the lock box that will allow for access to the structure; additionally, the Fire Chief shall be authorized to implement such other rules and regulations as the Fire Chief deems appropriate within the Fire Chief’s discretion for the use of the lock box system.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)

   If any owner, property agent, tenant, occupant or other person in control of a rental residential property or a dwelling unit or a rooming unit contained therein fails or refuses to consent to free access and entry to the property or dwelling unit or rooming unit under his or her control for any inspection pursuant to this chapter, the Code Official or his or her designee may apply to the circuit court for a search warrant or other appropriate court order authorizing such inspections. However, except in an emergency situation, no application for such a search warrant shall be made without first making a reasonable effort to secure access and entry to the property or dwelling unit or rooming unit through the owner or the owners property agent as identified by the owner pursuant to § 152.04(A) and § 152.09(B) herein.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2518, passed 10-21-2014)

   This chapter is not intended to and does not affect the rights and obligations of the parties to a lease, oral or written, of a rental residential property.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)

   The effective date of this amendatory ordinance shall be that it shall be in full force and effect from and after its passage, approval and publication, as provided by law.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012)

   Any person, firm or corporation violating any of the provisions of this chapter, in addition to other legal and equitable remedies available to the city, shall be fined as provided below:

   (A)   Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an offense. Except in cases where a different penalty is prescribed by any ordinances of the city, any person convicted of an offense under this chapter shall be punished by a fine of not less than $50 nor more than a fine of $750.

   (B)   Each day during which a violation of this chapter continues or is permitted to exist shall be considered a separate and distinct offense.

   (C)   In all cases where the same offense is made punishable or is created by different clauses or sections of this chapter, the prosecuting officer may proceed to hearing under any and all such sections any clauses; but not more than a maximum fine of $750 shall be had against the same person or entity for the same day of the same offense; provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced.

   (D)   The levy and/or payment of any penalty or fine provided in this chapter shall not be deemed a waiver of the power of the city to suspend, revoke or refuse to renew any license or permit for cause.

(Ord. 2206, passed 1-11-2010; Am. Ord. 2332, passed 3-13-2012; Am. Ord. 2518, passed 10-21-2014)