August 19, 2011

Dear Resident:

Recently the Village of Elmwood Park passed an ordinance amending chapter 41B entitled “Rental Residential Property” and added Chapter 41C entitled “Crime Free Rental Residential Housing” and 41D entitled Chronic Nuisance Property/Abatement.   This letter is an explanation summarizing the above topics.  To view the entire ordinance, please go to the village website at www.elmwoodpark.org.

Chapter 41B Rental Residential Property

Licensing Procedure

·  All properties including residential single family homes, condominiums, single town house units,
multi-unit buildings as well as commercial buildings that have residential rental units, regardless of how many units the building must be licensed with the Village of Elmwood Park.

·  Every owner must complete a Rental Property Application with the Code Administration Department.

·  The fee for a single family homes, single townhouse units, and single
condominium units is $25.00 per year.

·  The Fee for multiple residential structures is $25.00 for the first rental unit, and each additional unit will be charged a fee of $10.00.  For example, if there is a three unit structure, the fees would include $25.00 for the first rental unit and an additional $20.00 for the other two rental units. The total amount due would be $45.00.

·  All of the licenses are due by July 1 of each calendar year.

Enforcement & Violations

·  Failure of the owner or owners of record of the Residential Property to license the property with the Code Administration Department is in violation of this ordinance.

·  A violation may result in a fine that ranges from $50.00 to $750.00.  Each day during which a violation of this chapter continues shall be considered a separate offense and can incur additional fines.

Chapter 41C Crime Free Rental Residential Property

Licensing Procedure
 

·  A crime free lease addendum is a provision which makes it a material violation of a lease for a lessee,      an occupant of the premises, a guest of the lessee or for any other party residing or present on the        premises of a Rental residential property with the permission or consent of the owner to engage in, facilitate, or conspire to commit or commit any criminal activity or offense detailed in Chapter 41D of this Code while on the lease premises or any common area of the leased premises or to violate the tenant responsibility provision on Section 41B-9 of this Code.

·  All applicants that have a multiple family residential building containing 6 or more dwelling units shall have a lease that contains a crime free lease addendum or have a clause or provision in the lease similar to a crime free lease addendum.  The Crime free Rental Residential Housing Program Coordinator shall provide samples of a crime free lease addenda.

·  All applicants applying and renewing for a rental residential license shall attend and complete the Village of Elmwood Park’s Crime Free Residential Housing Program meeting at least once every 3 years.  This does not apply to the owners of rental residential property where all occupants of the rental property are related to the property owner by blood or marriage.

·  It is not required, however recommended, that owners  and/or leasing agents have all the lessees submit to criminal background checks, credit checks and checks for past evictions prior to entering into a lease agreement.

Chapter 41D Chronic Nuisance Property/Abatement

Enforcement of Nuisance Activity

·  Any property that receives a combination of 2 or more police reports documenting the occurrence of nuisance activity or Code Administration Department reports      documenting the occurrence of nuisance activity as provided in Section 41D-1(d) (21) within a 12 month period, on or within a property shall be reviewed by the Chief of Police. If the Chief of Police concludes that the nuisance activities have occurred, the Chief of Police shall require that the owners, managers and tenants meet with him/her at a specified date, time and place to discuss the nuisance and proposed action to correct the problems that are creating a nuisance.

·  If considered a nuisance, and the Village’s Administrative Hearing Officer finds that the property owner is guilty, then a $750.00 fine may be issued.  If needed, the Village may commence action in the Circuit Court of Cook County.

If you have any questions regarding this ordinance please contact the Code Administration Department at 708-452-3920 or you may contact the Crime Free Housing Administrator, Officer Michael Winiarczyk at mjwiniarczyk@elmwoodpark.org.

This letter serves as a summary of the new amendments & additions to the applicable chapters of the Village of Elmwood Park’s Code Book.  

Thank you,

Village of Elmwood Park

Code Administration Department

PLEASE REMEMBER TO CALL CODE ADMINISTRATION TO REGISTER FOR THE SEMINAR. 

YOU HAVE TO PRE-REGISTER PRIOR TO THE SEMINAR DATE.