[HISTORY: Adopted by the Town Council of the Town of Belvidere
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-2013 by Ord. No. 2013-05]
The purpose of this article is to ensure the health, safety
and welfare of all tenants residing in rental properties, as well
as all other residents and visitors, in the Town of Belvidere.
For use in this article only, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person who owns any legally cognizable interest in any
rental property, including, but not limited to, outright ownership
or ownership through a partnership, corporation or limited liability
company.
The primary residential living unit of the owner is located
within the rental property.
The cleanliness and proper working order and upkeep of all
areas and facilities of the rental units other than owner-occupied
houses, structures or buildings.
Any house, structure, building or structure rented or offered
for rent, for living and dwelling purposes to individuals or family
units.
To live or dwell permanently or continuously for more than
14 days. Said days need not be consecutive, but must occur within
a reasonably short period of time to evidence an intent to utilize
the rental unit as the person's primary place of residence.
Those persons who have leased the rental unit from the owner,
regardless of the type of tenancy under which they occupy the rental
unit.
A.
The provisions of this article shall not apply to owner-occupied
units located within a rental property.
B.
The provisions of this article shall not apply to rental properties
under the supervision of a public housing authority or that exclusively
provide restricted housing for the developmentally disabled.
A.
The owner of every rental property in the Town of Belvidere and regulated
by this article shall file a rental property registration statement
with the Municipal Clerk. Forms for said filing can be obtained from
the Municipal Clerk or from the Municipal website. The Municipal Clerk
shall provide copies of all rental property registration statements
to all applicable local agencies. Said information will be kept confidential,
and any personal identifying information will not be distributed or
utilized in any manner not set forth herein unless required by law.
B.
A rental property registration statement shall be filed on an annual
basis for each rental unit on or before January 1 of each year.
C.
The rental property registration statement form shall require the
submission of the following information:
(1)
The name, address and telephone number of the record owner or owners
of the premises and the record owner or owners of the rental business
if not the same persons. In the case of a partnership, the names of
all general partners shall be provided. If the record owner is a corporation,
the name and address of the registered agent and corporate officers
of said corporation;
(2)
If the address of any record owner is not located in the county in
which the premises is located, the name, address and telephone number
of a person who resides in the county in which the premises is located
and is authorized to accept notices from a tenant and to issue receipts
therefor and to accept service of process on behalf of the record
owner;
(3)
The name, address and telephone number of the managing agent of the
premises, if any;
(4)
The name, address and telephone number, including the dwelling unit,
apartment or room number, of the superintendent, janitor, custodian
or other individual employed by the record owner or managing agent
to provide regular maintenance service, if any;
(5)
The name, address and telephone number of an individual representative
of the record owner or managing agent who may be reached or contacted
at any time in the event of an emergency affecting the premises or
any unit of dwelling space therein, including such emergencies as
the failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building, any repair thereto,
disruption of utilities or expenditures in connection therewith and
shall, at all times, have access to a current list of building tenants
that shall be made available to emergency personnel as required in
the event of an emergency;
(6)
The name and address of every holder of a recorded mortgage on the
premises;
(7)
If fuel is used to heat the building and the landlord furnishes the
heat in the building, the name and address of the fuel dealer servicing
the building and the type of fuel used;
(8)
The number of tenants over the age of two years authorized to reside
in each unit, including the number of tenants over the age of two
years but under the age of 19 years (school age children); the information
contained in the rental property registration statement must set forth
information for each unit within the rental property and must include
the number of tenants actually residing in each rental unit;
(9)
As to each rental unit, the owner shall provide a floor plan of the
rental unit, which shall depict the number, dimensions and location
of each room in the rental unit. No space shall be used for sleeping
purposes which has not been deemed so designated as a sleeping area
on the floor plan provided by the owner and approved by the local
enforcing agency, which shall be on file with the Construction Official;
(10)
Such other information as may be deemed necessary to enforce
this article.
D.
In the event the tenancy of a rental unit changes during the year,
the owner or managing agent shall, within 30 days of the change in
tenancy, provide an amendment to the rental property registration.
The amendment form can be obtained from the Municipal Clerk or from
the Municipal website. A "change in tenancy" shall mean the addition
of any person not included in the annual statement, or a deletion
on the annual statement. Failure to provide the required information
shall be deemed a violation of this article, and owners, managing
agents and tenants may be held accountable for inaccurate rental property
registrations statements.
A.
Following submission of a complete rental property registration statement,
an owner will be granted a license for the subject rental unit so
long as said unit is found to be in compliance with local, state and
federal laws, regulations, ordinances and codes. No owner shall offer
any rental unit for rent, or shall rent, lease or let any rental unit
to any person or persons, without first obtaining a license for that
rental unit.
B.
The owner shall be required to pay an annual license fee pursuant to § 395-8 of this article. In the event ownership of a rental property is transferred during the license year, the new owner shall apply for a license within 20 days of the transfer and the fee shall be prorated accordingly.
C.
In the event of conviction for violations of this chapter or any
other local, state or federal law, regulation ordinance or code related
in any way to a rental unit covered by this article, the governing
body may temporarily suspend or revoke the license for said rental
unit after notice is given and an opportunity for hearing before the
governing body has been provided. A license may only be revoked upon
five days' notice of the grounds for revocation, served upon the owner
and following a reasonable opportunity for the owner to be heard thereon
before the governing body. Nothing herein shall preclude the immediate
relocation of tenants at the owner's expense where an imminent threat
to human health and/or safety exists.
The owner shall post the maximum authorized number of occupants
in a conspicuous area within the rental unit. It shall be unlawful
for any person, including the owner, managing agent and/or tenants,
to allow greater number of persons than the posted maximum number
of occupants to reside in the rental unit. This provision may be enforced
against the owner, managing agent and/or tenants as well as against
the unauthorized persons residing in the rental unit under this article
or any other applicable local, state or federal law, regulation, ordinance
or code.
No rental property or unit shall be conducted or maintained
in a manner that constitutes a nuisance. The owner and the tenants
will be held responsible for any such conditions and/or activities,
and such conditions and/or activities shall constitute a violation
of this article as well as violations of any other applicable local,
state or federal laws, regulations, ordinances and/or codes.
A.
The following is the rental unit license fee schedule:
|
Number of Units
|
Annual License Fee
|
|---|---|
|
2 or fewer
|
$25
|
|
3 or more
|
$10 per unit
|
B.
The annual rental unit license registration and fee are due and payable
to the Town of Belvidere on January 1 of each year with a thirty-day
grace period for same. Failure to register as of February 1 will be
considered in violation of this article and a late fee of $5 per month,
per unit, will be assessed.
Any person violating any of the provisions of this article, upon conviction thereof, shall be liable to a penalty of not less than $50 nor more than $500 for each violation. In addition, the owner will be subject to the increased license fees established in § 395-8 for failure to register the rental unit.
