Board of Trustees

MONDAY, NOVEMBER 18, 2013 – 8:00 P.M. 1. Pledge of Allegiance led by Village Clerk Pramod Shah. 2. Call meeting to order and roll call. 3. Approve Consent Agenda. * 4. Approve, as submitted, minutes of regular meeting held Monday, November 4, 2013. * 5. Approve Voucher List #13-FY14 of November 18, 2013. * 6. Proclamations and Resolutions. A. Proclamation: National Drunk Driving and Drugged Driving (3-D) Prevention Month – December 2013 7. Recognition, Awards and Honorary Presentations. * 8. Appointments, Reappointments and Resignations. A. Appointment: Board of Health: Margaret Langguth (Term Expires 11/18/15) B. Reappointment: Public Safety Commission: Merrill D. Silverman (Term Expires 11/18/15) 9. Presentations and Reports. 10. Report of the Village Manager. A. Recommended Amendments to the Village Code Regarding Sign Relief and Fees. 11. Report of the Corporation Counsel. CONSENT: * A. An ordinance amending Chapter 106, Division I, of the Skokie Village Code pertaining to the Automated Traffic Law Enforcement System. This item is on the consent agenda for second reading and adoption. FIRST READING: B. An ordinance amending Chapter 22 by adding Article IX pertaining to residential rental unit standards and neighborhood integrity and Chapter 42, Section 42-43 of the Skokie Village Code pertaining to crime free lease provisions and Chapter 46, Article IV pertaining to fees. This item is on the agenda for first reading and will be on the December 2, 2013 agenda for second reading and adoption. 12. Unfinished Business. A. Request for executive sessions on November 24, 25 and 26 in accordance with Section 2, Paragraph C.1 of the State of Illinois Open Meetings Act, a closed session is requested and to adjourn therefrom. 13. New Business. 14. Plan Commission. 15. Citizen Comments. 16. Adjournment. AR:lg 439717  WHEREAS motor vehicle crashes killed 956 people in Illinois during 2012; and WHEREAS, hundreds of those deaths, 319, involved a driver impaired by alcohol or drugs; and WHEREAS, the December holiday season is traditionally one of the most deadly times of the year for impaired driving; and WHEREAS, for thousands of families across the state and the nation, these holidays are a sad time to remember loved ones they lost to impaired drivers during previous holiday seasons, or other times throughout the year; and WHEREAS, organizations across the state and the nation join the You Drink & Drive, You Lose, and other campaign, among others, to foster public awareness of the dangers of impaired driving and anti-impaired driving law enforcement efforts; and WHEREAS, the State of Illinois is proud to partner with cities, towns, villages and other traffic safety groups in an effort to make our roads and streets safer. NOW, THEREFORE, I, GEORGE VAN DUSEN, Mayor of the Village of Skokie, do hereby proclaim the month of December 2013 as, “NATIONAL DRUNK AND DRUGGED DRIVING (3-D) PREVENTION MONTH” and call upon all citizens, government, agencies, business leaders, hospitals and health care providers, schools, public and private institutions, to promote awareness of the impaired driving problem and to support programs and policies to reduce the incidence of impaired driving and to promote safer and healthier behavior regarding the use of alcohol and other drugs this December holiday season and throughout the year. Passed this 18thday of November 2013 ____________________________________ George Van Dusen Mayor ____________________________________ Pramod Shah, Village Clerk VOSDOCS-#344055-v1-Proc__December_Drunk_and_Drug_Driving_3D_Prevention_Month  MML: 11/04/13 1st Reading *11/18/13 A THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 13-11-C- AN ORDINANCE AMENDING CHAPTER 106, DIVISION 1, OF THE SKOKIE VILLAGE CODE PERTAINING TO THE AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM 1 WHEREAS, Chapter 106, Division 1, of the Skokie Village Code provides for traffic 2 regulations, in general; and 3 WHEREAS, Village Ordinance number 08-12-C-3651 adopted on December 1, 2008 4 by the Mayor and Board of Trustees provides for authorization of an Automated Traffic Law 5 Enforcement System, often referred to as “Red Light Cameras” (hereinafter “ATLES”); and 6 WHEREAS, the program has been operational for several years and staff has 7 reviewed all phases of the program; and 8 WHEREAS, the process will continue to involve final review and approval by a 9 dedicated Skokie Police Officer, who will review the video footage prior to the issuance of any 10 citations; and 11 WHEREAS, currently if an owner is issued a citation under the ATLES and does not 12 respond within the allotted number of days, he or she will be sent a Late Notice and receive 13 an additional $50 penalty increasing the fine to $150. It has been determined that the 14 Administrative Hearing Officer should have some flexibility to reduce a late fee for those 15 owners who ultimately appear at a scheduled administrative hearing, albeit after a Late Notice 16 has been issued, although such discretion should be limited to no less than $125; and 17 WHEREAS, currently if an owner is issued the ATLES and does not respond, appear 18 at a scheduled administrative hearing or pay a fine within 14 days, the fine may increase to 19 $200. It has been determined that in such cases the fine should increase to $200 without 20 discretion on the part of the Administrative Hearing Officer, but only after 21 days; and 21 WHEREAS, as with any administrative hearing, those vehicle owners who are found 22 liable may appeal an adverse ruling pursuant to the Illinois Administrative Review Act; and 23 WHEREAS, the Corporation Counsel recommended to the Mayor and Board of 24 Trustees that Chapter 106, Division 1, Sections 106-71, 106-76 and 106-77 of the Skokie 25 Village Code be amended accordingly; and Page 1 of 3 VOSDOCS-#429932-v1- Ordinance__Code_Amendment__Chapter_106__Automated_Traffic_Law_Enforcement_System__Red_Light_Camera.doc 1 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 2 November 4, 2013 concurred in the aforesaid recommendation of the Corporation Counsel; 3 and 4 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 5 Village of Skokie, Cook County, Illinois; 6 Section 1: That Chapter 106, Division 1, of the Skokie Village Code be and the 7 same is hereby amended in the manner hereinafter indicated. The new material is 8 highlighted in bold and the material to be deleted is highlighted and stricken through. 9 Chapter 106 TRAFFIC AND VEHICLES 10 … 11 DIVISION 1. GENERALLY 12 … 13 Sec. 106-71. [Authorization; location.] 14 The Village of Skokie is authorized to operate an Automated Traffic Law Enforcement 15 System at intersections within the boundaries of the Village in a manner consistent with the 16 requirements with Section 11-208.6 of the Illinois Vehicle Code. The Village Manager shall 17 select the locations at which Automated Traffic Law Enforcement Systems shall be located. 18 The Village Manager shall notify the Mayor, Clerk and the Trustees of the locations selected 19 for the Automated Traffic Law Enforcement System. The Village Manager may take any and 20 all action necessary to construct and operate the System. The Village may contract with a 21 private company to construct and operate the Automated Traffic Law Enforcement System,. 22 Before any citations are issued, potential violations shall be subject to a final review 23 and approval by a dedicated Skokie Police Officer, who shall review any and all 24 evidence of a violation and the private company, through its technicians, shall make 25 determinations that to determine whether or not the motor vehicle was, or was not, being 26 operated in violation of Section 11-208.6 of the Illinois Vehicle Code. 27 … 28 Sec. 106-76. [Fine.] 29 The owner of a motor vehicle that is found liable for a violation of Section 11-306 of 30 the Illinois Vehicle Code, or similar provision of the Skokie Village Code, pursuant to an 31 Automated Traffic Law Enforcement System shall be fined $100. In the event an owner is 32 sent a Late Notice as provided for in Section 2-1096(e) of Article XII of Chapter 2, then an 33 additional late penalty shall be added increasing the total fine owed to $150. If the owner is 34 found liable at a subsequently scheduled administrative hearing, under no 35 circumstances will the owner be fined less than $125.00. An owner that does not pay the 36 total fine after 1421 days of the Late Notice, and does not appear at the scheduled 37 administrative hearing, mayshall be liable for a total fines and late penaltiesy up to amount 38 of $200. An owner that does not pay the total fine after 21 days of the Late Notice may Page 2 of 3 VOSDOCS-#429932-v1- Ordinance__Code_Amendment__Chapter_106__Automated_Traffic_Law_Enforcement_System__Red_Light_Camera.doc 1 be liable for fines and late penalties up to $200. An owner that does not appear at the 2 scheduled administrative hearing may be liable for fines and late penalties up to $200. 3 Sec. 106-77. Appeals. 4 Any owner of a motor vehicle found liable may appeal from an adverse ruling to 5 the Circuit Court of Cook County in accordance with the Illinois Code of Civil 6 Procedure, all applicable Cook County Circuit Court rules and the Administrative 7 Review Act, 735 ILCS 5/3-101 et seq. 8 Section 2: That this Ordinance shall be in full force and effect from and after its 9 passage, approval and publication in pamphlet form as provided by law. 10 ADOPTED this day of November, 2013. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office November, 2013. this day of November, 2013; and published in pamphlet form according to law from November , 2013 to November , 2013. Mayor, Village of Skokie Village Clerk 11 12 Page 3 of 3 VOSDOCS-#429932-v1- Ordinance__Code_Amendment__Chapter_106__Automated_Traffic_Law_Enforcement_System__Red_Light_Camera.doc  MML: 11/18/13 1st Reading *12/2/13 2nd Reading B THIS ORDINANCE MAY BE CITED AS VILLAGE ORDINANCE NUMBER 13-12-C- AN ORDINANCE AMENDING CHAPTER 22 BY ADDING ARTICLE IX PERTAINING TO RESIDENTIAL RENTAL UNIT STANDARDS AND NEIGHBORHOOD INTEGRITY AND CHAPTER 42, SECTION 42-43, OF THE SKOKIE VILLAGE CODE PERTAINING TO CRIME FREE LEASE PROVISIONS AND CHAPTER 46, ARTICLE IV, PERTAINING TO FEES 1 WHEREAS, rental properties are a significant component of housing in the Village of 2 Skokie (hereinafter “Village”) providing a wide variety of residential living opportunities in the 3 community, making the Village accessible and attractive to thousands of residents; and 4 5 WHEREAS, the Village values its rental properties as a key component of vibrant and 6 functional neighborhood life and seeks to maintain the integrity of neighborhoods by assuring a 7 safe, pleasant living environment for all; and 8 9 WHEREAS, the quantity of rental housing has increased as a result of economic 10 changes impacting single family home and condominium sales and includes not only Multi-Unit 11 Buildings, but townhouses, co-ops, condominiums and single family detached homes; and 12 13 WHEREAS, concentrations of rental properties have their own unique characteristics, 14 special needs and potential problems; and 15 16 WHEREAS, rental properties constitute approximately 25% of residential housing stock 17 in the Village and therefore, have a significant impact on the appearance, and the environment 18 of our neighborhoods; and 19 20 WHEREAS, the rental housing stock in the Village is aging and declining in some 21 neighborhoods and enhancing the partnership between landlords and the Village concerning 22 property standards will help to maintain and improve these properties, thereby directly affecting 23 property values which may result in commensurate rents for the property; and 24 25 WHEREAS, studies have shown that well-kept properties result in reduced crime rates, 26 thereby making the neighborhood safer for tenants and therefore, the Village seeks to establish 27 clear, reasonable and uniform standards to maintain the integrity of our neighborhoods; and 28 29 WHEREAS, the Village recognizes that landlords are a critical component of our 30 neighborhoods and in an effort to provide effective tools for landlords, shall provide additional 31 trained staff from the Skokie Police Department in collaboration with community standards to 32 marshal all Village resources for the benefit of the neighborhoods; and Page 1 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 WHEREAS, the Village seeks to build relationships with landlords and tenants through 2 dialogue, education and communication; and 3 WHEREAS, landlords must make tenants aware of their rights and responsibilities, and 4 Tenants who do not abide by State Statutes or Village Ordinances must be held to their 5 responsibilities for the integrity of the neighborhood; and 6 7 WHEREAS, additional inspections by Village departments will help to improve the 8 appearance, safety and code compliance of the Village’s rental housing stock and contribute to 9 the integrity and desirability of Skokie neighborhoods along with public improvements; and 10 WHEREAS, rental housing programs have been successfully undertaken in many 11 communities in Illinois and achieves the goals and responds to the concerns identified above; 12 and 13 WHEREAS, the Village Manager and Corporation Counsel recommended to the Mayor 14 and Board of Trustees that Chapter 22, Article IX, Chapter 42, Section 42-43 and Chapter 46, 15 Article IV of the Skokie Village Code be amended accordingly; and 16 WHEREAS, the Mayor and Board of Trustees at a public meeting duly held on 17 November 18, 2013 concurred in the aforesaid recommendations of the Village Manager and 18 Corporation Counsel; and 19 NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Board of Trustees of the 20 Village of Skokie, Cook County, Illinois; 21 Section 1: That the statements contained in the above stated recitals are material 22 and are restated and incorporated herein as if stated in full. 23 Section 2: That Chapter 22 of the Skokie Village Code be and the same is hereby 24 amended by adding Article IX in the manner hereinafter indicated. The new material is 25 highlighted in bold. 26 Chapter 22 BUILDINGS AND BUILDING REGULATIONS 27 … 28 Article IX. Rental Unit Registration 29 30 Sec. 22-500. Definitions. 31 32 For the purposes of this Article, the following definitions shall apply: 33 1. Common Exterior: The open space and exterior of a building on the premises and on 34 adjoining property under the control of the property Owner. The premises or property 35 shall include the principal building, accessory structures, driveways, parking areas and 36 all improvements to the property. Such common areas may serve, in whole or in part, 37 one or more Multi-Unit Building. 38 2. Common Interior: Any portion or part thereof of a Multi-Unit Building having communal 39 areas (laundry, furnace, storage rooms, hallways, stairways, meeting rooms, etc.) and all 40 other areas, but not including a Dwelling. Interior common areas shall also include Page 2 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 structural, mechanical and other elements or areas of a Multi-Unit Building for which the 2 Owner is directly responsible for the proper maintenance thereof. 3 3. Dwelling: Any rooms or group of rooms located within a building and forming a single 4 habitable unit with facilities which are used or intended to be used for living, sleeping, 5 cooking, bathing and eating. 6 4. Multi-Unit Building: A structure that is designed and built with two (2) or more Dwellings. 7 5. Operator: Any person who has charge, care, control or management of a rental unit or 8 building, in which rental units are let, including but not limited to building managers, 9 managing agents, brokers or superintendents. 10 6. Owner: Any person who alone, jointly or severally with others has legal title to any Multi- 11 Unit Building, or Dwelling unit, with or without accompanying actual possession 12 thereof; or is an operator or who has charge, care or control of any Multi-Unit Building 13 or Dwelling unit, as Owner, or other Person; or is an executor, administrator, trustee or 14 guardian of the estate of the Owner; is a mortgagee in possession, or is a senior officer 15 or a trustee of the association of unit Owners of a homeowners' association. Owner 16 shall also mean any homeowners' association or other legal entity having the charge, 17 care or control of any common area which serves in whole or in part one or more Multi- 18 Unit Buildings. 19 7. Person: Any individual, firm, association, partnership, corporation, trust or any other 20 legal entity. 21 8. Residential Rental Unit: A Dwelling, whether in a Multi-Unit Building, single-family home, 22 townhouse, co-op or any other structure that is occupied by individuals other than the 23 Owner, pursuant to Section 22-505 of the Skokie Village Code, or is vacant, that is being 24 advertised to rent or is rented. 25 9. Tenant: Any occupant of a Residential Rental Unit. 26 10. Neighborhood Standards Police Officer: A Village of Skokie Police Officer trained in the 27 Crime Free Housing Program, including the Crime Prevention Through Environmental 28 Design Program, as well as other types of property management and standards training. 29 Sec. 22-501. Residential Rental Unit Registration. 30 All Owners of a Residential Rental Unit must register each and all of their Residential 31 Rental Units owned and operated in the Village. A Residential Rental Unit must be 32 registered with the Village of Skokie in order to have Tenants. 33 A. Residential Rental Unit Registration shall not be required for residential units in a 34 Multi-Unit Building with more than four (4) Dwellings organized and owned 35 pursuant to the Illinois Condominium Act 765 ILCS 605, et seq. 36 37 Sec. 22-502. Registration Prior to Rental. 38 Each and every Residential Rental Unit must be registered prior to it being offered for 39 rent in any manner, including but not limited to listing with a leasing agent, print 40 advertisement or signs posted on property. 41 42 Sec. 22-503. Method of Registration and Fee. 43 To obtain a Residential Rental Unit Registration the Owner must file the prescribed 44 application with the Property Standards Division of the Community Development Page 3 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 Department of the Village containing all of the required information to include but not be 2 limited to property Owner, management name and contact information for both. 3 Applications to register a Residential Rental Unit shall be obtained from the Property 4 Standards Division of the Community Development Department. Any fee required for the 5 Residential Rental Unit Registration shall be submitted with the application, as set forth 6 in Section 46-135 of the Skokie Village Code and the date of a completed application 7 submission with fee and confirmation of compliance with Section 22-508 of the Skokie 8 Village Code, shall be the date of Residential Rental Unit Registration. 9 10 Sec. 22-504. Change of Information or Ownership. 11 A. Every Owner shall report to the Property Standards Division of the Community 12 Development Department any change in information previously provided on 13 the required Residential Rental Unit Registration application within twenty-one 14 (21) days of such change. This information shall include, but not be limited to, 15 the removal or change of any Owner or operator pursuant to Section 22-500(7) 16 of the Skokie Village Code, or a change in ownership interest of more than 50% 17 of the building. 18 B. If the ownership of a Residential Rental Unit or Multi-Unit Building changes 19 during the registration year, the new Owner shall be required to register the 20 Residential Rental Units anew under the new Owner’s name and pay a pro rata 21 registration fee. No refund of any registration fee shall be paid to the former 22 Owner. 23 C. Any new Owner of a Multi-Unit Building or Residential Rental Unit shall contact 24 the Neighborhood Standards Police Officer within thirty (30) days of the date of 25 closing to arrange a consultation with the Officer. 26 27 Sec. 22-505. Owner Occupied Exemption. 28 A. Any Residential Rental Unit which is Owner occupied as the Owner’s primary 29 residence is exempted from the requirements of registration. 30 B. All Owners must comply with and nothing in this Act shall be construed to 31 negate or alter the provisions of the Skokie Fair Housing Act (Chapter 58, 32 Article II, of the Skokie Village Code). However, no portion of this section shall 33 curb the rights of an Owner as described in Section 58-37 of the Skokie Village 34 Code. 35 36 Sec. 22-506. Fee Waiver. 37 Any Multi-Unit Building or Residential Rental Unit found to be substantially in compliance 38 with all applicable ordinances, codes and regulations of the Village upon inspection, as 39 described in Section 22-509 of the Skokie Village Code, for three (3) consecutive years 40 shall have the Residential Rental Unit Registration Fee waived the following year and every 41 year thereafter, unless and until noncompliance is found. 42 Sec. 22-507. Owner Seminar. 43 The Owner applying for registration shall have successfully completed the Village 44 Residential Rental Property Landlord Seminar (hereinafter “Village Seminar”) within three 45 (3) months from the date of registration. Page 4 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 A. An Owner of any Residential Rental Unit, who has successfully completed prior 2 professional training commensurate with the Village Seminar, may apply to the 3 Village Manager or designee for a waiver from the Seminar requirement. The 4 Village Manager or designee, in his or her sole discretion, shall determine 5 whether the applicant’s prior professional training constitutes the substantial 6 equivalent of the Village’s Seminar. 7 B. An Owner who successfully completes the Village Seminar shall not be required 8 to attend another Village Seminar during subsequent renewal of registration. 9 However, if the Owner, pursuant to Section 22-500(7) of the Skokie Village Code, 10 designates a representative to complete the Village Seminar and that 11 representative is replaced, the Owner or a new representative shall attend the 12 Seminar. 13 C. The Village Manager may require an Owner to re-attend and complete a Village 14 Seminar if there are multiple code violations within an eighteen (18) month 15 period. 16 Sec. 22-508. Compliance and Existing Violations. 17 A. Every Residential Rental Unit shall be owned, operated and maintained in full 18 compliance with all applicable ordinances, codes and regulations. 19 B. A Residential Rental Unit Registration may not be obtained if at the time of 20 application there are outstanding code violation(s) which have not been 21 corrected, and that the time given for correction of said violation has expired. 22 Sec. 22-509. Regular Property Inspection. 23 A. The Village shall conduct regular property inspections of every building 24 containing a Residential Rental Unit. 25 B. Inspections shall be conducted by the Property Standards Division of the 26 Community Development Department, in consultation with or participation of 27 the Neighborhood Standards Police Officer working under the supervision of the 28 Skokie Police Department. 29 C. The Owner shall make available at the time of inspection all leases with the 30 Crime Free Addendum for each Residential Rental Unit. 31 D. The scope of any inspections conducted pursuant to this section shall be 32 limited to the exterior areas, Common Interior and Common Exterior of the 33 property and upon a request by an Owner or Tenant, may include the interior of 34 a Dwelling. 35 E. Where any common area is shared by more than one Residential Rental Unit, no 36 Residential Rental Unit served in whole or in part by such common area shall be 37 deemed to be in compliance for the purposes of registration until the common 38 area is in full compliance with all applicable ordinances, codes and regulations. 39 Sec. 22-510. Registration Terminates Upon Sale. 40 Notwithstanding any provision contained in this Article, Residential Rental Unit 41 Registration shall terminate upon the sale of the Multi-Unit Building or Residential Rental 42 Unit. Page 5 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 Sec. 22-511. Inspection Upon Sale. 2 A. Transfer Stamps shall not be issued for a Multi-Unit Building or Residential 3 Rental Unit until an inspection has been performed by the Property Standards 4 Division of the Community Development Department, and any and all code 5 violations that have been identified have been corrected as verified by a 6 subsequent re-inspection. 7 B. In the event the Owner disputes the determination of code violations, the Owner 8 may request an administrative hearing. An Administrative Hearing Officer 9 appointed by the Village shall conduct the review within five (5) business days 10 from the date of request. Upon completion of the hearing, the Administrative 11 Hearing Officer will issue a final determination. 12 C. After being notified of code violations, an Owner shall complete the necessary 13 repairs and notify the Property Standards Division of the Community 14 Development Department which shall conduct a reinspection within three (3) 15 business days and issue a determination. 16 D. The initial Inspection Upon Sale report must be dated no more than one hundred 17 eighty (180) days prior to the date of closing and dated no later than the day of 18 the closing on the sale of the Multi-Unit Building or Residential Rental Unit. 19 Inspection areas shall include exterior areas, Common Interior, Common 20 Exterior and all Dwellings. 21 E. Transfer Stamps may be issued for a Multi-Unit Building or Residential Rental 22 Unit which has code violations, identified by the Inspection Upon Sale report, 23 when such violations are not corrected or verified if a cash bond is posted with 24 the Village for 110% of the cost of the required work. 25 F. The request for an Inspection Upon Sale must be made in writing, not less than 26 forty-five (45) days prior to the closing for the sale and may be made prior to 27 offering the Multi-Unit Building or Residential Rental Unit for sale. 28 G. The fee required for the Inspection Upon Sale shall be as set forth in Section 46- 29 136 of the Skokie Village Code. 30 Sec. 22-512. Owner Identification Posting. 31 Owner shall post a weather proof sign with his or her name and active phone number in 32 the Multi-Unit Building’s Common Exterior or Common Interior next to the front door and 33 accessible to the public, no smaller than eight (8) inches by ten (10) inches. 34 Sec. 22-513. Tenant Application and Tenant Information. 35 A. No Residential Rental Unit shall be rented without the Owner obtaining a written 36 application requesting the following information: 37 1. Name (first, middle and last), address, birth date, social security number, 38 driver’s license number, work and home telephone numbers of each 39 applicant; 40 2. A copy of each applicant’s driver’s license and work ID (if any); 41 3. A list of the applicant’s current and past residences during the previous three 42 (3) years, including addresses, name of landlord and reason for leaving; Page 6 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 4. Names, addresses, birth dates, driver’s license numbers (if any) and work and 2 home telephone numbers (if any) of all other Persons who will be residing in 3 the Dwelling; 4 5. Name, address and telephone number of the applicant’s nearest relative or 5 friends (at least two); 6 6. A certification as to the correctness of the information being provided signed 7 by all of the adult prospective Tenants. 8 B. This information shall be held in a secure location and shall only be used in the 9 case of an emergency, to pursue legal action or upon request by the Village, 10 including the Skokie Police Department, to perform its duties, prevent fraud or 11 evaluate or investigate criminal activity and enforce the Village Crime Free 12 Lease Act (Chapter 42, Section 42-43 of the Skokie Village Code). 13 C. Owner shall submit to the Neighborhood Standards Police Officer a list of all 14 Tenants and occupants of Owner’s Multi-Unit Building or Residential Rental Unit 15 with each Person’s name (first, middle and last), birth date and social security 16 number (if any), arranged by address and unit number, upon each annual 17 application to renew Owner’s Residential Rental Unit Registration and upon the 18 execution of a new lease, lease renewal, rental agreement or renewal or any new 19 occupancy by a Tenant. Such information shall be used by the Skokie Police 20 Department to perform its duties, prevent fraud or evaluate or investigate 21 criminal activity and enforce the Village Crime Free Lease Act (Chapter 42, 22 Section 42-43 of the Skokie Village Code). 23 Sec. 22-514. Occupancy. 24 No Owner shall permit the maximum occupancy of any Residential Rental Unit to be 25 exceeded. The maximum occupancy of any Residential Rental Unit shall be: Number of Bedrooms Maximum Number of Persons in Household Studio 2 1 2 2 4 3 6 4 8 5 10 6 12 26 27 Owner shall also comply with Section 22-183 of the Skokie Village Code and may request 28 additional occupancy for bedrooms which exceed one hundred (100) square feet for one Page 7 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 (1) additional occupant for every additional fifty (50) square feet of floor area. If there is 2 any conflict between the two sections, the more restrictive section shall apply. The 3 decision of the Property Standards Division of the Community Development Department 4 shall be the sole determiner as to what constitutes a bedroom for purposes of occupancy 5 and shall be binding. 6 Sec. 22-515. Tenant Rights and Responsibilities. 7 A. No Tenant shall commit vandalism in or upon the building in which the Tenant’s 8 Residential Rental Unit is located, and no Tenant shall permit vandalism to 9 occur or shall violate any of the provisions of this Article or any applicable 10 ordinance, code or regulation of the Village in the Residential Rental Unit 11 occupied by the Tenant. 12 B. Every Owner shall maintain the premises in compliance with all local, state, and 13 federal codes and shall promptly make any and all repairs necessary to fulfill the 14 obligation. 15 C. Every Tenant shall keep that part of the premises that he or she uses in a safe, 16 clean and healthy manner. 17 D. Every Owner shall disclose to the Tenant in writing at or before the 18 commencement of the tenancy, the name, address and telephone number of a 19 Person authorized to manage the premises. 20 E. Every Owner shall notify all prospective Tenants in writing (in twelve point type 21 or larger) prior to showing any Residential Rental Unit that “The Village of 22 Skokie prohibits discrimination of real estate transactions based on race, color, 23 religion, sex, creed ancestry, national origin, disability, age, marital status, 24 presence or age of children, sexual orientation or source of income (Chapter 58, 25 Section 58-36 of the Skokie Village Code).” 26 F. Every Owner shall attach to any lease or written rental agreement or similar 27 document a copy of Chapter 22, Article IX, Rental Unit Registration and 28 Chapter 8, Article II, Discrimination and Fair Housing, of the Skokie Village 29 Code. 30 Sec. 22-516. Registration Renewal. 31 A Residential Rental Unit Registration shall not be renewed unless the Residential Rental 32 Unit and Owner are in compliance with this Article and any and all applicable codes, 33 including health, safety and building codes. 34 Sec. 22-517. Administration of this Article. 35 The Village Manager or designee shall administer this Article and may promulgate rules 36 and regulations to carry out its enforcement. 37 Sec. 22-518. Implementation. 38 A. Inspections of Residential Rental Units by the Property Standards Division of 39 the Community Development Department and the Neighborhood Standards 40 Police Officer shall be prioritized based on Nuisance Intervention and 41 Prevention Committee findings, code violations, location, timing of last Page 8 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 inspection, complaints and other conditions that warrant an increased level of 2 review and intervention. 3 B. Each registration shall be an annual registration, the term of which shall 4 commence on May 1 of a given year and shall terminate on the following April 5 30. 6 Section 3: That Chapter 42, Section 42-43, of the Skokie Village Code be and the 7 same is hereby amended in the manner hereinafter indicated. The new material is highlighted 8 in bold and the material to be deleted is highlighted and stricken through. 9 Chapter 42 ENVIRONMENT 10 … 11 Sec. 42-43. Crime Ffree Llease provisions Addendum; Obligations of landlords Owners and 12 Ttenants to commit to crime free tenancies. 13 (a) The definitions contained in Article IX, Section 22-500 of the Skokie Village Code 14 shall be incorporated by reference to this Section and shall apply as fully set forth. 15 (ab) Any property oOwner that leases property to another pPerson shall utilize a "cCrime fFree" 16 lLease aAddendum. or have a clause in the lease similar to a crime free lease addendum. The 17 clause, or addendum, is to make the occupancy of a leased premises by an individual 18 engaged in violent or drug-related crimes or the use of a leased premises in the commission 19 of a crime, or in furtherance of the commission of certain criminal activity, by a tTenant, a 20 tTenant's invitee or other pPerson authorized or allowed by the tTenant or the tTenant's family to 21 be on the leased premises, a lease violation. The language for a cCrime fFree Lease clause 22 Addendum is in subsection (fh), below. 23 (bc) In the event the that criminal activity would occurs in a leased premises that constitutes 24 (i) any class of felony, or (ii) a Class A misdemeanor at least twice in one year, then an property 25 oOwner, or authorized agent, shall initiate eviction proceedings against the Tenant participating 26 in the criminal activity as specified in the Illinois Code of Civil Procedure, 735 ILCS 5/9-101 et 27 seq. A Tenant that was a non-culpable victim or was not participating in criminal activity 28 shall not be evicted for the reason of the criminal activity. In the event the property oOwner, 29 authorized agent, or tTenant, believes that the circumstances are such that eviction should not be 30 undertaken, then they shall file a written request detailing the circumstances with the Nuisance 31 Intervention and Prevention Committee, (hereinafter “NIP Committee”) and request a 32 determination of whether eviction is inappropriate. The NIP Committee may, at its discretion, meet 33 with the property oOwner, authorized agent, and any other pPerson, including the tTenant, that 34 may have relevant information regarding the circumstances. The NIP Committee shall render a 35 written determination on the question of whether eviction is inappropriate and may deliver it via 36 first class mail. The NIP Committee may consider, but is not limited to, the following factors: 37 1. The activity itself, 38 2. The age of the participants involved in the activity, 39 3. Whether the tenant was a non-culpable victim of the activity, or 40 4. Any other factors the NIP Committee deems relevant. Page 9 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 (cd) When the provisions of paragraph (bc) require the property oOwner to initiate eviction 2 proceedings, the oOwner, or authorized agent, shall initiate action to evict a tTenant within fifteen 3 (15) days of the date: (i) the property oOwner, or authorized agent becomes aware or should have 4 become aware that criminal activity warranting eviction took place, or (ii) that a written 5 determination is delivered to the property oOwner by the NIP Committee pursuant to paragraph 6 (bc). An property oOwner may include language in the lease that authorizes eviction for more 7 minor offenses than indicated in paragraph (fh). In the event criminal activity occurs that is not a 8 felony, or a Class A misdemeanor twice within twelve months, then the decision to initiate eviction 9 proceedings is discretionary for the property oOwner. 10 (e) Whenever an Owner is proceeding with an eviction pursuant to paragraph (h), the 11 Owner may request that the Village of Skokie Corporation Counsel or designee appear 12 before the court or prepare a written submission when there is a hearing on the eviction, 13 not to represent the Owner, but to support the eviction proceeding pursuant to the terms 14 of this Code. The decision to appear is at the discretion of the Corporation Counsel. 15 (df) It is a violation of the Code for an property oOwner to not include a cCrime fFree Lease 16 clause or aAddendum in a written lease affecting property in the Village. If the leasing of a 17 property is an oral arrangement, then the property oOwner must notify the tTenant in writing that 18 the cCrime fFree Lease clause Addendum is a condition of the lease and the tTenant is 19 obligated to adhere to its language. The property oOwner, or authorized agent, must keep 20 sufficient records to demonstrate that such notice is provided. It is a violation of the Code for an 21 property oOwner to not enforce the cCrime fFree Lease clause or aAddendum. 22 (eg) The Village may conduct "Crime Free Property" seminars from time to time. Any oOwner, 23 agent of an owner, occupant or tTenant may be required to attend the Village's Crime Free 24 Property seminars at the request of the Village Manager or his designee based on the following 25 considerations: 26 (1) If the property rented or leased by the oOwner is a nuisance property as defined in 27 this Section 42-35.; 28 (2) Criminal activity occurred on the property.; or 29 (3) Upon the recommendation of the NIP Committee. 30 (fh) Crime fFree lLease aAddendum. Every lease in the Village of Skokie shall include 31 language requiring the oOwner and tTenant to agree to the following provisions and shall 32 execute substantially in the following form the Crime Free Lease Addendum found at the end 33 of this section: 34 (1) Tenant, any member of the tTenant's houseleasehold, a guest or invitee of the 35 tTenant, or a pPerson that tTenant knows, or should reasonably know, is present, including, but 36 not limited to, any person invited in any way, or allowed to be present, on the leased premises or 37 the common grounds, shall not engage, or in any way be involved in, any criminal activity, on or 38 near the leased premises. For the purposes of this lease, criminal activity shall mean any criminal 39 offense which would constitute a felony or Class A misdemeanor. This prohibition is applicable to 40 all public ways abutting the leased premises or common grounds. 41 (2) Tenant, any member of the tTenant's houseleasehold, a guest or invitee of the 42 tTenant or a member of tTenant's houseleasehold, including, but not limited to, a pPerson that 43 tTenant knows or should reasonably know, is present at the leased premises or on the common Page 10 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 grounds shall not engage in any act intended to facilitate or that does facilitate criminal activity, 2 including, but not limited to, drug-related offenses. 3 (3) Tenant, or any member of the Tenant’s leasehold, shall not engage, or in any 4 way be involved in any violent criminal activity or illegal drug activity anywhere in or 5 outside of the Village of Skokie. For purposes of this lease, violent criminal activity or 6 illegal drug activity shall mean any arrest and charge of a felony offense concerning 7 violent acts or drugs. 8 (34) Tenant, and any member of tTenant's houseleasehold, shall not permit the leased 9 premises or common grounds to be used for, or to facilitate, criminal activity, regardless of 10 whether the individual engaging in such activity is a member of the houseleasehold, a guest or 11 invitee, and regardless of whether the tTenant is at home during any such activity. 12 (45) Tenant, any member of the tTenant's houseleasehold, a guest or invitee of the 13 leased premises or the common grounds, including, but not limited to, any pPerson invited in any 14 way, or allowed to be present, by tTenant or a member of tTenant's houseleasehold, shall not 15 engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled 16 substance, or cannabis, at any location whether in, at, on, or near the property. 17 (56) Tenant, any members of the tTenant's houseleasehold, a guest or invitee of the 18 tTenant, or a pPerson that tTenant knows, or should reasonably know, is present on the leased 19 premises, including, but not limited to, any pPerson invited in any way, or allowed to be present, 20 by tTenant or a member of tTenant's houseleasehold, shall not engage in any prostitution, 21 criminal street gang activity, threatening or intimidating conduct, or assault, all as defined by the 22 Illinois Compiled Statutes, or unlawful discharge of firearms, on or near the leased premises or 23 common grounds. 24 (7) Tenant and Tenant’s occupants, whether on or off the premises, shall not 25 engage in any violent crime. 26 (6) Violation of any of the above provisions shall be a material and irreparable violation 27 of the lease and good cause for termination of the tenancy. A violation of any of the provisions of 28 this added addendum shall be deemed a serious violation and material non-compliance with the 29 lease. It is understood and agreed that a violation shall be good cause for immediate termination 30 of the lease. Unless otherwise provided by law, proof of violation shall not require criminal 31 conviction, but shall be by a preponderance of the evidence. Tenant consents to venue in Cook 32 County. 33 Tenant agrees that service of process of any legal proceeding, including but not limited to, a 34 special detainer or forcible detainer action, or service of any notice to tenant, shall be effective and 35 sufficient for the purposes of providing legal service and conferring personal jurisdiction upon any 36 Illinois court as to any tenant, co-signor, occupant or guarantor, notwithstanding the fact that a 37 tenant, co-signor, occupant or guarantor may reside at a different location other than the property 38 address described in the lease agreement. This agreement regarding service is in addition to, and 39 not in lieu of, any manner of service authorized under Illinois law or rule. By signing this lease the 40 undersigned hereby waives any objection to service carried out under the terms of this 41 agreement. This provision shall be effective for any extension, renewal or modification of the initial 42 lease. Page 11 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 (7) In case of conflict between the provision of this addendum and any other provision 2 of the lease, the provisions of the addendum shall govern. 3 (8) This lease addendum is incorporated into the lease executed or renewed this day 4 between the owner and resident. 5 6 CRIME FREE LEASE ADDENDUM 7 As part of the consideration for this Lease, Tenant agrees as follows: 8 1. Tenant and Tenant’s occupants, guests and invitees, whether on or near the 9 leased premises as well as on all public ways abutting the leased premises and common 10 grounds, are prohibited from: 11 a. Engaging, or in any way being involved in, any criminal activity. For 12 the purposes of this lease, criminal activity shall mean any criminal offense 13 which would constitute a felony or Class A misdemeanor. 14 b. Engaging in any act intended to facilitate or that does facilitate 15 criminal activity including, but not limited to, drug-related offenses. 16 c. Permitting the premises to be used for, or to facilitate, criminal 17 activity. 18 d. Engaging in the unlawful manufacturing, selling, using, storing, 19 keeping or giving of a controlled substance or cannabis, at any location 20 whether in, at, on or near the property. 21 e. Engaging in any prostitution, criminal street gang activity, threatening 22 or intimidating conduct or assault, all as defined by the Illinois Compiled 23 Statutes, or unlawful discharge of firearms. 24 2. Tenant, or any member of the Tenant’s leasehold, shall not engage, or in any 25 way be involved in any violent criminal activity or illegal drug activity anywhere in or 26 outside of the Village of Skokie. For purposes of this lease, violent criminal activity or 27 illegal drug activity shall mean any arrest and charge of a felony offense concerning 28 violent acts or drugs. 29 3. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL 30 AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION 31 OF THE TENANCY. A single violation of any of the provisions of this addendum shall be 32 deemed a serious violation and material non-compliance with the lease. It is understood 33 and agreed that a violation shall be good cause for immediate termination of the lease. 34 Unless otherwise provided by law, proof of violation shall not require criminal conviction, 35 but shall be by a preponderance of the evidence. Tenant consents to venue in Cook 36 County. 37 4. Tenant agrees that service of process of any legal proceeding, including but 38 not limited to, a special detainer or forcible detainer action, or service of any notice to Page 12 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 Tenant, shall be effective and sufficient for the purposes of providing legal service and 2 conferring personal jurisdiction upon any Illinois court as to any Tenant, co-signor, 3 occupant or guarantor, notwithstanding the fact that a Tenant, co-signor, occupant or 4 guarantor may reside at a different location other than the property address described in 5 the lease agreement. This agreement regarding service is in addition to, and not in lieu of, 6 any manner of service authorized under Illinois law or rule. By signing this lease the 7 undersigned hereby waives any objection to service carried out under the terms of this 8 agreement. This provision shall be effective for any extension, renewal or modification of 9 the initial lease. 10 5. Tenant hereby authorizes property management/Owner to use police 11 generated reports against Tenant for any such violation as reliable direct evidence, and/or 12 as business records as a hearsay exemption, in all eviction hearings. 13 6. Tenant also agrees to be responsible for the actions of Tenant’s occupants, 14 Tenant’s guests and invitees, and Tenant’s occupant’s guests and invitees, regardless of 15 whether Tenant knew or should have known about any such actions. A guest or invitee 16 shall be anyone who Tenant or Tenant’s occupant gives access to or allows on the 17 premises or in the rental unit. 18 7. In case of conflict between the provisions of this addendum and any other 19 provision of the lease, the provisions of the addendum shall govern. 20 8. This lease addendum is incorporated into the lease executed or renewed this 21 day between the Owner and Tenant. 22 ______________________________ __________ 23 Tenant Signature Date 24 ______________________________ __________ 25 Tenant Signature Date 26 ______________________________ __________ 27 Property Owner/Manager Signature Date 28 __________________________________________ 29 Address of Rental Property 30 Section 4: That Chapter 46, Article IV, of the Skokie Village Code be and the same 31 is hereby amended by adding Sections 46-135 and 46-136 in the manner hereinafter indicated. 32 The new material is highlighted in bold. 33 Chapter 46 FEES FOR LICENSES, SERVICES AND PERMITS 34 … 35 ARTICLE IV. BUILDING PERMITS AND RELATED FEES 36 … 37 Sec. 46-135. Residential Rental Unit Registration. Page 13 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc 1 The registration fee for a Residential Rental Unit is $25.00 per Unit. 2 Sec. 46-136. Inspection Upon Sale. 3 The fee for Inspection Upon Sale is $50.00 for the first Unit and $25.00 for each 4 additional Unit. 5 Section 5: That this Ordinance shall be in full force and effect from and after its 6 passage, approval and publication in pamphlet form as provided by law. ADOPTED this day of December, 2013. Ayes: Village Clerk Nays: Absent: Approved by me this day of Attested and filed in my office December, 2013. this day of December, 2013; and published in pamphlet form according to law from December , 2013 to December , 2013. Mayor, Village of Skokie Village Clerk 7 Page 14 of 14 VOSDOCS-#433661 v1 Ordinance, Code Amendment, Chapters 22,42 & 46, Neighborhood Integrity, Updated 11/14/13 Version (MML).doc