The Cook County Zoning and Building Committee will consider creating a Residential Rental License Ordinance at its next meeting 10 a.m. Wednesday in Cook County Building Board Room No. 569, 118 N. Clark St.
Below is the agenda for this meeting, as provided by the committee.
Board of Commissioners Cook County Zoning and Building Committee
Zoning and Building Committee
Wednesday, June 29, 2016 10:00 AM Cook County Building, Board Room, Rm 569
118 North Clark Street, Chicago, Illinois
NOTICE AND AGENDA
There will be a meeting of the Committee or Subcommittee of the Board of Commissioners of Cook County at the date, time and location listed above to consider the following:
PUBLIC TESTIMONY
Authorization as a public speaker shall only be granted to those individuals who have submitted in writing, their name, address, subject matter, and organization (if any) to the Secretary 24 hours in advance of the meeting. Duly authorized public speakers shall be called upon to deliver testimony at a time specified in the meeting agenda. Authorized public speakers who are not present during the specified time for public testimony will forfeit their allotted time to speak at the meeting. Public testimony must be germane to a specific item(s) on the meeting agenda, and the testimony must not exceed three minutes; the Secretary will keep track of the time and advise when the time for public testimony has expired. Persons authorized to provide public testimony shall not use vulgar, abusive, or otherwise inappropriate language when addressing the Board; failure to act appropriately; failure to speak to an item that is germane to the meeting, or failure to adhere to the time requirements may result in expulsion from the meeting and/or disqualify the person from providing future testimony.
16-4079
COMMITTEE MINUTES
Approval of the minutes from the meeting of 6/8/2016
VARIATIONS
16-3809
Presented by: JAMES WILSON, Secretary, Zoning Board of Appeals
RECOMMENDATION OF THE ZONING BOARD OF APPEALS
Request: Variation V 16-16
Township: Palos
County District: 17
Property Address: 8118 W. 130th Street, Palos Park, Illinois
Property Description: The Subject Property consists of approximately 0.79 acre located on the north side of 130th Street approximately 128.16 feet east of 82nd Avenue.
Owner: JGM Remodeling, LLC/ Jacek & Malgorzata Margosiak, 10268 Southwest Highway, Chicago Ridge, Illinois
Agent/Attorney: Anna Lukaszczyk, 8642 S. Menard, Burbank, Illinois
Current Zoning: R-4 Single Family Residence District Intended use: Applicant seeks a variance to (1) reduce the front yard setback from the minimum required 40 feet to an existing 30.42 feet, (2) reduce the left interior side yard setback from the minimum required 15 feet to an existing 19.92 9.92 feet and (3) reduce the right interior side yard setback from the minimum required 15 feet to an existing 14.08 feet. This variance is sought to allow the construct a second story addition to an existing single family residence.
Recommendation: ZBA Recommendation is that the application be granted as amended.
Conditions: None
Objectors: None
History:
Zoning Board Hearing: 6/8/2016
Zoning Board Recommendation date: 6/8/2016
County Board extension granted: N/A
16-3811
Presented by: JAMES WILSON, Secretary, Zoning Board of Appeals
RECOMMENDATION OF THE ZONING BOARD OF APPEALS
Request: Variation V 16-17
Township: Palos
County District: 17
Property Address: 12756 80Th Avenue, Palos Park, Illinois
Property Description: The Subject Property consists of approximately 0.47 acre located on the northwest corner of 80th Avenue and Farmhill Avenue.
Owner: Brian & Kimberly Mellenthin, 12756 80Th Avenue, Palos Park, Illinois
Agent/Attorney: National Energy Contractors Inc., Applicant, 206 W. North Avenue, Lombard, Illinois
Current Zoning: R-4 Single Family Residence District
Intended use: Applicant seeks a variance to (1) reduce the front yard setback from the minimum required 32.9 feet (at 20% of lot depth) to an existing 20.5 feet, (2) reduce the right corner side yard setback from the minimum required 25 feet to an existing 23.5 feet and (3) reduce the rear yard setback from the minimum required 50 feet to an existing 34.5 feet. This variance is sought to allow the construction of a sunroom residential addition.
Recommendation: ZBA Recommendation is that the application be granted.
Conditions: None
Objectors: None
History:
Zoning Board Hearing: 6/8/2016
Zoning Board Recommendation date: 6/8/2016
County Board extension granted: N/A
MAP AMENDMENT
16-3812
RECOMMENDATION OF THE ZONING BOARD OF APPEALS
Request: Map Amendment MA 16-01
Township: Norwood Park
County District: 9
Property Address: 10 Higgins Road, Park Ridge, Illinois
Property Description: The Subject Property consists of approximately 0.49 acres, located on the northwest corner of Higgins Road and Canfield Avenue.
Owner: Park Ridge Veterans Club, Veterans of Foreign Wars of the United States Post 3579, An Illinois non-for profit Corporation c/o Harry Benjamin, 10 Higgins Road, Park Ridge, Illinois.
Agent/Attorney: Canfield Higgins, LLC., a Delaware Limited Liability Company, 180 N. LaSalle Street, Suite 2108, Chicago, Illinois.
Current Zoning: R-5 Single Family Residence District
Intended use: The request seeks a Map Amendment to rezone the Subject Property from the existing zoning designation of the R-5 Single Family Residence District to a proposed zoning designation of the I-1 Restricted Industrial District.
Recommendation: The Owner/Applicant request the item to be withdrawn.
Conditions: None
Objectors: City of Park Ridge Resolution (2016-19 Adopted 3/21/16) Formal protest against application
History:
Zoning Board Hearing: 6/8/2016
Zoning Board Recommendation date: 6/8/2016
County Board extension granted: N/A
16-2505
Sponsored by: TONI PRECKWINKLE, President, Cook County Board of Commissioners
PROPOSED ORDINANCE AMENDMENT
RESIDENTIAL RENTAL LICENSING ORDINANCE
BE IT ORDAINED, by the Cook County Board of Commissioners, that Part II, Chapter 102, Building Code, Article V, Residential Rental Licenses, of the Cook County Code is hereby enacted as follows:
ARTICLE V. - RESIDENTIAL RENTAL LICENSES
Sec. 102-180. - Short title.
This Ordinance shall be known and may be cited as the "Cook County Residential Rental License Ordinance."
Sec. 102-181. - Purpose.
The Cook County Board of Commissioners has deemed it necessary to establish a Residential Rental License for Unincorporated Cook County in order to effectively protect the public health, general welfare, and safety of its residents. This Residential Rental License Ordinance is adopted pursuant to Cook County’s home rule powers.
Sec. 102-182. - Jurisdiction.
The provisions of this Ordinance shall apply to the unincorporated area of Cook County and such other areas as may be designated by the Cook County Board of Commissioners in accordance with State Statutes but excluding all publicly owned property or rights-of-way under the jurisdiction of any governmental agency.
Sec. 102-183. - Definitions.
The following words, terms, and phrases, when used in this Ordinance shall have the following meanings ascribed to them in this Ordinance, except where the context clearly indicates a different meaning: Cook County or County means the County of Cook, Illinois.
Department means the Cook County Department of Building and Zoning.
Dwelling Unit means any room or group of rooms located within a Multi-Unit Building and forming a single habitable unit with facilities, which are used or intended to be used for living, sleeping, cooking, bathing, and eating.
Multi-Unit Building means a structure that is designed and built with four (4) or more Dwelling Units.
New Owner means any Person that owns a Dwelling Unit that is initially offered as Rental Property on or after June 1, 2017 and any Person who becomes an Owner on or after June 1, 2017.
Owner means any Person who alone, jointly or severally with others has legal title to any Rental Unit, with or without accompanying actual possession thereof; or is an executor, administrator, trustee or guardian of the estate of the Owner; or is a mortgagee in possession thereof.
Person means any natural person, trust, court appointed representative, syndicate, association, partnership, firm, club, company, corporation, business trust, institution, agency, government corporation, municipal corporation, district or other political subdivision, contractor, supplier, vendor, vendee, operator, user or owner or any officer, agent, employee, or other representative, acting either for himself/herself or for any other person in any capacity, or any other entity recognized by law as the subject of rights and duties.
Rental Property means any residential property whose Owner receives payment in exchange for the right to occupy or use the property by another during any time of the year.
Residential Rental License means a license required by County ordinance as a condition to offering residential property for rental purposes in unincorporated Cook County.
Rental Unit means a Dwelling Unit which is being offered as Rental Property, and is not Owner occupied.
Sheriff means the Sheriff of Cook County, Illinois or his/her designee.
Sec. 102-184. - Notice of Residential License Ordinance.
(a) The Department will provide a copy of this Ordinance on its website at least sixty (60) calendar days prior to the effective date of this Ordinance.
(b) The County Clerk shall publish a copy of this Ordinance in a newspaper of general circulation within thirty (30) days of passage by the Cook County Board of Commissioners.
Sec. 102-185. - License Requirement.
It shall be unlawful for any Person to rent any Dwelling Unit unless the Owner has obtained a current Residential Rental License from the Department for such Rental Unit.
Sec. 102-186. - Authority to Issue Licenses.
The Department is authorized, upon application thereof, to issue and renew Residential Rental Licenses for Rental Units provided that all applicable requirements are met.
Sec. 102-187. - License Application and Renewal Requirements.
(a) All applications for Residential Rental License issuance and renewal shall be made in such form and accompanied by such information as required by the Department.
(b) The initial Residential Rental License application and applicable fee must be submitted by the Owner to the Department no later than June 1, 2017.
(c) Each year thereafter, a Residential Rental License renewal application and applicable fee must be submitted by the Owner to the Department no later than September 15th, provided that there has been no change of ownership.
(d) Any New Owner shall submit a new Residential Rental License application and applicable fee to the Department within 45 days of becoming the owner of record.
(e) Every application for Residential Rental License issuance or renewal shall be accompanied by a License Fee established by the Cook County Board of Commissioners and set forth in Chapter 32-1 of the Cook County Code of Ordinances, payable to Cook County Collector.
License Fee payments remitted after the date on which the fee is due, shall be subject to a Late Fee equal to the amount of the License Fee. The Residential Rental License Fee shall be separate and apart from any other fee required pursuant to Part II, Chapter 102 of the Cook County Code of Ordinances or other applicable law. The License Fee shall not be prorated and is not refundable, except as provided in Sec. 102-187(f), below.
(f) Applications for Residential Rental License issuance or renewal which fail to comply with this section shall be returned by the Department to the Owner with instructions to re-apply, and the accompanying application fee will be refunded.
Sec. 102-188. - Consent to Inspection.
As a condition of license issuance or renewal, the Owner shall be required to consent to inspection of the Rental Unit by the Department at such time(s) as the Department may require to determine whether the Rental Unit meets all applicable requirements.
Sec. 102-189. - Duration of License.
Each Residential Rental License shall be effective until September 15th of each year, unless the Residential Rental License is suspended or revoked, or ownership of the Rental Unit is transferred prior to expiration resulting in automatic termination of the Residential Rental License.
Sec. 102-190. - Non-Transferability of License.
No Residential Rental License shall be transferable to another Person, or to another Rental Unit.
Sec. 102-191. - Inspection.
(a) The Department is authorized and empowered to make all inspections of Rental Units.
(b) The Department shall notify the Owner of any inspection in advance and provide the name and contact information of a representative of the Department that the Owner may contact to reschedule the Rental Unit inspection, if necessary, to a mutually agreeable date and time.
(c) The Department will inspect each Rental Unit at least once every four years to ensure compliance with all applicable requirements of this Section, the Cook County Building Ordinance, Part II, Chapter 102 of the Cook County Code of Ordinances; the Cook County Zoning Ordinance, Part II, Appendix A of the Cook County Code of Ordinances; and the Cook County Public Health and Private Nuisance Ordinance, Chapter 38, Article III, § 51-55 of the Cook County Code of Ordinances. The provisions of the respective Cook County Code Ordinances shall apply.
Sec. 102-192. - Failure to Comply - Code of Ordinances.
(a) Failure to comply with applicable Cook County Code Ordinances may result in Residential Rental License suspension, denial or revocation.
(b) Owners must comply with all applicable requirements of this Ordinance and the following Cook County Code Ordinances:
(1) The Cook County Building Ordinance, Part II, Chapter 102 of the Cook County Code of Ordinances;
(2) The Cook County Zoning Ordinance, Part II, Appendix A of the Cook County Code of Ordinances; and (3) The Cook County Public Health and Private Nuisance Ordinance, Chapter 38, Article
III, §51-55 of the Cook County Code of Ordinances.
Sec. 102-193. - License denial, nonrenewal, suspension, and revocation.
(a) The Department shall have the authority to issue to the Owner a notice of violation recommending denial, nonrenewal, suspension, or revocation of an Owner’s Residential Rental License if it determines the Owner has failed to comply with any provision of this Ordinance, the Cook County Building Ordinance, Part II, Chapter 102 of the Cook County Code of Ordinances, the Cook County Zoning Ordinance, Part II, Appendix A of the Cook County Code of Ordinances and the Cook County Public Health and Private Nuisance Ordinance, Chapter 38, Article, III,
Section 51-55 However, no Residential Rental License shall be denied issuance or renewal, be suspended, or revoked except after a hearing with the Cook County Department of Administrative Hearings in accordance with Cook County Code of Ordinances, Chapter 2, Administration, Article IX, Administrative Hearings.
(1) After the Department issues a notice of violation recommending denial, nonrenewal, suspension or revocation to the Owner, a copy of this notice of violation, along with copies of any documents supporting the above recommendation shall be forwarded to the Department of Administrative Hearings. The notice of violation and documents supporting the recommendation shall be "Prima Facie" or on its face legally sufficient to deny issuance, deny renewal, suspend or revoke the license, until disproved by documentary evidence.
(2) At the conclusion of the administrative hearing, the hearing officers, or administrative law officer or administrative law judge, shall make a final determination and order. The Department and/or Administrative Hearing Officer shall inform the
Owner of the Administrative Hearing determination; both the Department and Owner have the right to seek judicial review of the Administrative Hearing decision..
(b) A Person whose license has been denied renewal, suspended or revoked may seek re-issuance or reinstatement of the license in accordance with procedures prescribed by Department.
Sec. 102-194. - Separate Violations.
(a) Operating without a valid Residential Rental License shall constitute a separate violation of this Ordinance.
(b) Knowingly furnishing false or misleading information or complaint(s) to the Department shall constitute a separate violation of this Ordinance.
Sec. 102-195. - Penalties.
In addition to such fines, penalties, and injunctive relief as provided in the Cook County Building Ordinance, Part II, Chapter 102 of the Cook County Code of Ordinances; the Cook County Zoning Ordinance, Part II, Appendix A of the Cook County Code of Ordinances; and the Cook County Public Health and Private Nuisance Ordinance, Part I, Chapter 38, Ordinance III, § 51-55 of the Cook County Code of Ordinances, any Person determined to have violated this Ordinance may be subject to a fine of not less than $100.00 nor more than $1,000.00 for each offense and/or Residential Rental License suspension, denial and/or revocation. A separate and distinct offense shall be regarded as committed each day upon which said Person shall continue any such violation, or permit any such violation to exist after notification thereof.
Sec. 102-196. - Reinstatement of License.
If, upon re-inspection, the Department finds that the subject property has been brought into compliance, then the Department shall lift the suspension, reinstate the Residential Rental License, or issue a new Residential Rental License.
Sec. 102-197. - Rule Making and Enforcement.
(a) The Department shall prescribe reasonable rules, definitions, and regulations as are necessary to carry out the duties imposed upon it by this Ordinance. Such rules, definitions, and regulations shall include, but are not limited to, reasonable procedures consistent with existing practices of Persons doing business in Cook County.
(b) The Cook County Department of Building and Zoning shall have the authority to make such decisions and determinations as are necessary with respect to the enforcement of this Ordinance, and to impose such requirements and orders as are necessary under Part II, Chapter 102 of the
Cook County Code of Ordinances to bring Dwelling Units, Rental Units, buildings, structures, property, and premises into compliance with this chapter. Representatives of the Department may enter all Dwelling Units, Rental Units, buildings, structure, property and premises in order to enforce the provisions of this Ordinance and chapter during reasonable hours subject to reasonable notice, to the extent consistent with the provisions of this Ordinance and other applicable law. The Sheriff of Cook County is authorized to, and shall assist the Department, in enforcement of this Ordinance.
BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners, that Chapter 32, Fees, of the Cook County Code is hereby amended as follows:
Sec. 32-1. - Fee schedule.
The fees or charges provided for or required by the below-listed sections shall be as shown below:
CHAPTER 102, BUILDING CODE
102-155.8 Residential Rental License fee, annually, per Rental Unit 50.00
Effective Date: This Proposed Ordinance Amendment shall be in effect on January 1, 2017.
Legislative History: 4/13/16 Board of Commissioners referred to the Zoning and Building Committee
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