CHATSWORTH Illinois

Ordinances

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Chapter 1: Mayor

1.1 ELECTION; TERM OF OFFICE
The Town Mayor shall be elected for a term of four (4) years, and he shall be the Mayor of the Board of Trustees, as is provided by Statute.
1.2 DUTIES
He shall be the chief executive officer of the Town and he shall perform all such duties as may be required of him by Statute or ordinance. He shall have supervision over all the executive officers of the Town, and over all of the employees of the Town. He shall have the power and authority to inspect all books and records kept by any Town officer or employee at any reasonable time.
1.3 DESIGNATION OF DUTIES
Whenever there is a question as to the respective powers or duties of any appointed officer of the Town, this shall be settled by the Mayor; and he shall have the power to delegate to any such officer any duty which is to be performed when no specific officer has been directed to perform the duty.
1.4 BOND, OATH, SALARY
Before entering upon the duties of his office, the Mayor shall give a bond with sureties to be approved by the Board of Trustees conditioned upon his faithful performance of his duties, in the sum of ten thousand dollars ($10,000.00). He shall take the oath of office as prescribed by Statute, and shall receive such compensation as may be set from time to time by the Board.
1.5 PRESIDENT PRO TEM
During the absence or disability of the Town Mayor, the Board of Trustees shall elect on of its number to act as Mayor Pro Tem, who, during the absence or disability of the Mayor, shall perform the duties pertaining to the office

Chapter 3: Town Clerk

3.1 TOWN CLERK TO BE APPOINTED
The Town Clerk shall be appointed by the Mayor with approval of the Board of Trustees a term to run concurrent with the term of the Mayor and until the Clerk's succesor is duly appointed and qualified.
3.2 DUTIES
The Town Clerk shall perform the following duties:
  1. Seal and attest all contracts of the Town, all licenses, permits and such other instruments and documents as are provided for by law or ordinance.
  2. Keep a register of all licenses and permits issued, a record showing all of the officers and regular employees of the Town, and such other records as may be required by law or ordinance.
  3. Be the custodian of all papers, instruments and documents belonging to the Town which are not assigned to another officer of the Town or the Mayor or Board of Trustees.
  4. Keep and maintain a proper index of all documents and records in the Clerk's possession.
  5. Be the custodian of the Town Seal, and affix its impression upon all papers, instruments and documents as shall be required by law or ordinance.
  6. Attend all meetings of the Board of Trustees and accurately record the minutes of all such proceedings of the Board of Trustees, and record and file in separate files all motions, resolutions, ordinances and other actions passed and approved by the Board of Trustees.
3.3 FINANCIAL RESPONSIBILITIES
  1. Receive all monies paid into the Town either directly or from other Town officers and deposits in such legal depository as designed by the Board of Trustees at the start of the fiscal year.
  2. Pay out Town funds from invoices and requests, initialed and coded with account numbers by Department Heads. A Board Report will be approved at each meeting.
  3. Maintain accurate records of deposits and expenditures through cash basis fund accounting on municipal software, provided by the Town. The Financial Statement will be approved monthly at the Board of Trustees meeting. Records will show the financial condition of the Town.
  4. Invest Town funds, not immediately needed, in approved depositories or move certificates of deposits between two depositories, in the best interest of the Town. A list of the certificates with due date, rate and current balance will be provided and approved in the monthly Financial Statements.
  5. Open checking/savings accounts when receiving money for grants, loans or bond issues per state or federal requirements. Do the financial work involved with grants, revolving loans, loans, bonds and Motor Fuel Accounts.
  6. Prepare payroll and all reports. Act as representative for I.M.R.F., deferred compensation, health insurance and commercial insurance.
  7. Compile Annual Report within six months of the close of the fiscal year, in accordance with the requirements of Illinois Compiled Statutes.
  8. Other areas of responsibility: help with budget, appropriation and levy.
  9. Keep the Town funds separate and distinct from personal funds and all others, and shall not intermingle personal funds or any others with the Town funds, and shall not make private or personal use of the Town funds.
  10. Perform such other duties as may be required by law or ordinance.
3.4 BOND
Before entering upon the duties of office, the Town Clerk shall execute a bond in such amount and with such sureties as may be required by law or by ordinance, conditioned upon the faithful performance of the duties of the office. The Town shall pay the premium on such a bond.
3.5 VACANCIES
In case the office of Town Clerk shall become vacant for any reason, the Mayor and Board of Trustees shall appoint a successor as provided by Statute.
3.6 TERM
The term of the first appointed Town Clerk shall commence at the first regular or special meeting of the corporate authorities during the month of May following the proclamation of the results of the regular municipal election occurring in April of 2001.

Chapter 4 Article 1: Superintendent of Public Works

4.1.1 OFFICE CREATED
There is hereby created the position of Superintendent of Public Works. The Superintendent of Public Works shall be appointed by the Mayor, with the advice and consent of the Board of Trustees, and shall serve until his successor is qualified, as provided by Statute.
4.1.2 STREETS
The Superintendent of Public Works shall have charge of the construction and care of all public streets, alleys and driveways in the Town, and with keeping of the same clean. He shall see to it that all gutters and rains therein function properly and that the same are kept free from defects.
4.1.3 WATERWORKS
The Superintendent of Public Works shall have charge of the operation and maintenance of the Municipal water distribution system and sewer treatment system.
4.1.4 BUILDINGS
The Superintendent of Public Works shall have charge of the maintenance and repair of all Town-owned buildings.
4.1.5 EMPLOYEES
All officers or employees assigned to the Department of Public Works shall perform their duties subject to the orders and under the supervision of the Superintendent of Public Works.
4.1.6 OTHER PHYSICAL PROPERTY
All physical property of the Village which is not assigned by the Board to some other officer or employee shall be in the care and custody of the Superintendent of Public Works.

Chapter 4 Article 2: Treasurer

4.2.1 APPOINTMENT; TERM
The Town Treasurer shall be appointed by the President, with the advice and consent of the Board of Trustees, and shall service for a four (4) year term and until his successor is qualified, as provided by Statute.
4.2.2 BOND
The Treasurer shall give bond conditioned upon the faithful performance of his duties and to indemnify the Town for any loss due to neglect of duty or wrongful act on his part; and the amount of such bond shall be not less than ten percent (10%) of the highest amount of taxes and special assessments received by the Treasurer during any fiscal year in the preceding five (5) fiscal years nor less than one and one—half (14) times the largest amount which the Mayor and Board of Trustees estimate will be in his custody at any one time. Such bond shall be filed with the Clerk as required by Statute.
4.2.3 GENERAL DUTIES
The Treasurer shall perform such duties as may be prescribed for him by statute or ordinance. He shall receive all money paid to the Town, either directly from the person paying It or from the hands of such other officer as may receive it, and he shall pay out money only on vouchers or orders properly signed by the Town Mayor and Board of Trustees.
4.2.4 DEPOSIT OF FUNDS
He shall deposit the Town funds in such depositories as may be selected from time to time as is provided by law, and he shall keep the Town money separate and distinct from his own and shall not intermingle his own money with it or make private of personal use of the Town funds.
4.2.5 RECORDS
The Treasurer shall keep records showing all money received by him, the source from which it was received, and the purposes for which is was paid out; and he shall keep a record showing at all times the financial status of the Town.
4.2.6 ACCOUNTS
The Treasurer shall keep such books and accounts as may be required by the Mayor and Board of Trustees and shall keep them in the manner required by the Mayor and Board of Trustees.
4.2.7 REPORTS
The Treasurer shall make monthly reports to the Mayor and Board of Trustees showing the date of finances of the Town, and the amounts received and spent during the month, which reports shall be filed. He shall also make an annual report after the close of the fiscal year, as required by Statute, with the total amount of all receipts and expenditures of the Town and his transactions as Treasurer during the preceding year.
4.2.8 SPECIAL ASSESSMENT FUND
All moneys are received on any special assessment shall be held by the Treasurer as a special fund to be applied only to the payment of the improvement, or bonds and vouchers issued therefor, together with interest thereon, for which the assessment was made, and said money shall be used for no other purposes, unless to reimburse the Town for money expended for such improvements. Payment on bonds or vouchers shall be made in accordance with the Statutes and the law and the Treasurer shall keep his books and accounts in such a manner so that proper transactions in payments of principal and interest can be made and ascertained.
4.2.9 WARRANTS; TRANSFER OF FUNDS
All warrants drawn on the Treasurer must be signed by the Mayor and countersigned by the Clerk, stating the particular fund or appropriation to which the same is chargeable, and the person to whom payable; and no money shall be otherwise paid except as may be provided by Statute. Money shall not be transferred by the Treasurer from one fund to another, after it has been received by him, nor appropriated to any other purposes than that for which it has been collected or paid, except as may be ordered by the Mayor and Board of Trustees, in manner and form prescribed by Statute.

Chapter 6: Police Department

6.1 CREATION OF DEPARTMENT
There is hereby created a Police Department, an executive department of the Town. The Police Department shall consist of the Chief of Police and of such other members as may be provided from time to time by the President and Board of Trustees.
6.2 OFFICE OF CHIEF CREATED
There is hereby created the office of Chief of Police. The Chief of Policy shall be appointed by the President by and with the advice and consent of the Board of Trustees, and he shall be ex-officio Town Marshall and Superintendent of Police.
6.3 DUTIES OF THE CHIEF
The Chief of Police shall be the keeper of the Town jail, and shall have custody of all persons incarcerated therein. He shall keep such records and make such reports concerning the activities of his Department as may be required by the Statute or by the President and Board of Trustees. The chief shall be responsible for the performance of the Police Department, in all of its functions, and all persons who are members of the Department shall serve subject to the orders of the Chief of Police.
6.4 DUTIES
It shall be the duty of the members of the Police Department to see to the enforcement of all of the ordinances of the Village and all Statutes applicable herein; and to preserve order and prevent infractions of the law, and arrest violators hereof.
6.5 SERVING PROCESS
Mo member of the Police Department, except the Chief, shall serve any process except on command of his superior.
6.6 CONDUCT OF MEMBERS
It shall be the duty of every member of the Police Department to conduct himself, or herself, in a proper and law abiding manner at all times, and to avoid the use of unnecessary force. Each member of the Department shall obey the orders and directions of his superior.
6.7 WITNESS FEE
Any member of the Police Department shall appear as witness whenever this is necessary in a prosecution for a violation of an ordinance or of any State or Federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the Town is a party; and fees paid for such services shall be turned over to the Chief of Police, who shall deposit the same with the Town Treasurer.
6.8 RULES AND REGULATIONS
The Chief of Police may make or prescribe such rules and regulations for the hours of duty, vacations, uniforms and conduct of the members of the Police Department as he shall deem advisable, and such rules, when approved by the Mayor and Board of Trustees, shall be binding on such members.
6.9 AUXILIARY POLICE
The Mayor of the Board of Trustees of the Town, with the advice and consent of the Town Board, may appoint auxiliary policemen in such number as the corporate authorities shall from time to time deem necessary. Such auxiliary policemen shall not be members of the regular Police Department of the Town. No such auxiliary policeman shall be entitled to any compensation from the Town nor shall such auxiliary policeman be considered as any employee of the Town by reason of such appointment. Such auxiliary policemen shall not supplant members of the regular Police Department of the Town in the performance of the assigned and normal duties, except as otherwise provided herein. Such auxiliary police members shall only be assigned to perform the following duties in the Town: to aid or direct traffic within the Town, to aid in control of natural or man—made disasters, to aid in case of civil disorder as directed by the Chief of Police; provided, that in cases which render it impractical for members of the regular Police Department to perform the normal and regular police duties, the Chief of Police of the regular Police Department is hereby authorized to assign auxiliary policemen to perform such normal and regular police duties. Identification symbols worn by such auxiliary policemen shall be different and distinct from those used by members of the regular Police Department. Such auxiliary policemen shall, at all times during the performance of their duties, be subject to the direction and control of the Chief of Police. Such auxiliary police shall not carry firearms, except with the permission of the Chief of Police, and while in uniform and in the performance of their duties. Auxiliary policemen, prior to entering upon any of their duties, shall receive a course of training in the use of weapons and other police procedures as shall be appropriate in the exercise of the powers conferred upon them. No person shall be appointed as an auxiliary policeman if he has been convicted of a felony or other crime involving moral turpitude.
6.10 STOLEN PROPERTY, CUSTODY OF
The Chief of Police shall be the custodian of all lost and abandoned or stolen property in the Town.
6.11 AIDING POLICE
Any police officer of the Town may, at any time, call upon any able-bodied male person, above the age of twenty one (21) years, to aid him in arresting or taking into custody any person guilty of having committed any unlawful act, or charged therewith, or aid such officer in preventing the commission of any unlawful act. It shall be unlawful to refuse or neglect to give such aid or assistance, when so requested.
6.12 RESISTING ARREST; HINDERING POLICE; AIDING PRISONERS TO ESCAPE
It shall be unlawful for any person to resist any member of the police force in the discharge of his duty, or to in any way interfere with or prevent him from discharging his duty, or endeavor to do so; and in any manner to assist any person in the custody of any member of the police force to escape or attempt to escape from such custody.
6.13 CRIMINAL HISTORY RECORD INFORMATION PREPARATION FEE
A fee of ten dollars ($10.00) for the preparation and processing of an individual criminal history record shall be paid to the Town at the time an individual applies for a copy of his or her criminal history record.
6.14 POLICE SERVICES BY CONTRACT
In lieu of creating its own police department, the Town may contract with the Sheriff of Livingston County, Illinois, or any other police department or police departments, to furnish police services to the Town of Chatsworth. Such contract may negate such provisions of this Chapter which the Town Board determines to be inappropriate.

Chapter 8 Article 4: Streets / Trees and Shrubs

8.4.1 PLANTING
It shall be unlawful to plant any tree or shrub in any public street or parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Town Clerk, and shall be referred by him to the Committee on Parks and Buildings.
8.4.2 REMOVALS
It shall be unlawful to remove or cut down any tree or shrub in any street, parkway or other public place without having first secured a permit therefor. Applications for such permits shall be made to the Town Clerk, and shall be referred by him to the Committee on Parks and Buildings for approval before permission shall be granted.
8.4.3 INJURY
It shall be unlawful to injure any tree or shrub planted in any such public place.
8.4.4 ADVERTISEMENTS OR NOTICES
It shall be unlawful to attach any sign, advertisement or notice to any tree or shrub in any street, parkway or other public place.
8.4.5 DANGEROUS TREES
Any tree or shrub which overhangs any sidewalk, street or other public place shall be trimmed by the owner of the abutting premises on which such trees or shrubs grow so that the obstruction shall cease.
8.4.6 DANGEROUS LIMBS
Any limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree or shrub grows or stands.
8.4.7 WIRES
It shall be unlawful to attach any wire or other rope to any tree without permission of the Mayor and Board of Trustees.
8.4.8 POLES AND UTILITY WIRES
Any person or company given the right to maintain poles and wires in the streets, alleys or other public places in the Town shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees or shrubs in such places so far as may be possible and shall keep all such trees and shrubs properly trimmed and subject to the supervision of the Superintendent of Public Works, so that no injury shall be done to the poles or wires or shrubs and trees by contact.
8.4.9 GAS PIPES
Any person maintaining any gas pipe in the Town shall, in the absence of provision in the franchise concerning the subject, keep such pipes free from leaks.
8.4.10 EXCAVATIONS
In making excavations in streets or other public places, proper care shall be taken to avoid injury to the roots of any tree or shrub, wherever possible.
8.4.11 PENALTY
Any person violating any provision of this Article shall be fined in accordance with the general penalty provisions of this Code for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

Chapter 9 Article 2: Water & Sewer / Water

DEFINITIONS
Municipal Utilities shall include Water, Waste Water (sewer), and Garbage Disposal.
APPLICATION
Application for Municipal Utilities must be filed through the Town Clerks Office. An eighty dollar ($80.00) non-refundable activation FEE must accompany each application prior to the commencement of service. The changing of a name on the account is deemed a new account and must complete a new application with fees required. Transfer of utility services to another residence in which account is in good standing will not require an additional activation fee. A final bill will be produced and must be paid prior to setting up a new account.
PAYMENT OF THE MUNICIPAL UTILITIES
A. A. The owner of premises and the occupant thereof and the users of the municipal service shall be jointly and severally liable to pay for the service on said premises and the services furnished to the premises by the Town of Chatsworth only upon the condition that the owner of the premises, occupant or user of the service are jointly and severally liable therefore to the town of Chatsworth.
B. There shall be a minimum five-dollar ($5) fee for no water usage.
C. Municipal Utility bill shall be rendered monthly and shall be due upon receipt of the bill. All utility bills are due by the 20th of every month.
D. In the event the Municipal Utility Bill is not paid by the 20th after the rendition of bill for such service the bill shall be deemed and hereby declared delinquent or past due. There shall be a $5.00 late fee for all past due bills. An extension or grace period of service will be given until the last day of the month. Municipal service shall then be discontinued without any further notice. In the event that said service is discontinued and or delinquent, the service shall not be reinstated until past due Municipal Utility Bill is paid in full along with a nonrefundable fee of eighty dollars ($80.00) for said account.
E. All past water deposits are no longer valid and are non-refundable.
RATES FOR MUNICIPAL UTILITIES SHALL BE CALCULATED AS FOLLOWS:
  • Water
    • January 1, 2023 - $6.00 per 1000 gallons
    • January 1, 2024 - $7.00 per 1000 gallons
    • January 1, 2025 - $8.00 per 1000 gallons
  • Sewer
    • January 1, 2023 - $5.50 per 1000 gallons
    • January 1, 2024 - $6.50 per 1000 gallons
    • January 1, 2025 - $7.50 per 1000 gallons
  • Garbage
    • January 1, 2023 - $18.00 per month
    • January 1, 2024 - $19.00 per month
    • January 1, 2025 - $20.00 per month

Chapter 10 Article 2: Traffic / Through, One-Way, Yield Right-of-Way Streets and Stop Intersections

10.2.1 THROUGH STREETS
The streets and parts of streets of the Town designated by ordinance as through streets are hereby declared to be through streets. The driver of a vehicle shall stop at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so closely on a through street as to constitute an immediate hazard unless directed otherwise by the traffic officer or a traffic control signal.
10.2.2 ONE-WAY STREETS OR ALLEYS
It shall be unlawful to operate any vehicle on any streets or alleys designated as one-way streets or alleys by ordinance, in any direction other than that so designated.
10.2.3 STOP STREETS
The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected pursuant to ordinance, at one or more entrances thereto, and shall proceed cautiously, yielding to the vehicles not so obliged to stop which are within the intersection or approaching so closely as to constitute an immediate hazard unless traffic at such intersection is controlled by a police officer on duty, in which event the directions of the police officer shall be complied with.
10.2.4 YIELD RIGHT OF WAY STREETS
Any street designated by ordinance as a yield right-of-way street and so posted is hereby declared to be a yield right-of-way street.

The driver of a vehicle in obedience to a yield right-of-way sign shall reduce the speed of his vehicle to not more than twenty (20) miles per hour and shall yield the right-of-way to other vehicles which have entered the intersecting street either from the right or left or which are approaching so closely on such intersection as to constitute a hazard; but said driver having so yielded may proceed at such time as a safe interval occurs.

If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision shall be deemed prima facie evidence of the driver's failure to yield the right-of-way.

2023-02-14: Rental Housing

I) Purpose and Intent
a) The purpose of this Ordinance is to lay forth the policies of the Town of Chatsworth to establish the rights and obligations of the Landlords and Tenants in the rental units in the Town and to establish a system of regulations designed to prevent, deter, and sanction criminal and quasi-criminal activities occurring on or within rental properties in the Town of Chatsworth. The provisions of this Chapter shall not apply to housing for older persons as provided in 42 U.S.C. § 3607, group homes governed by the Specialized Living Centers Act, 405 ILCS 25/1 et seq., or other similar uses governed by state or federal laws, rules, or regulations.
II) Scope
a) The purpose of this Ordinance is to lay forth the policies of the Town of Chatsworth to establish the rights and obligations of the Landlords and Tenants in the rental units in the Town and to establish a system of regulations designed to prevent, deter, and sanction criminal and quasi-criminal activities occurring on or within rental properties in the Town of Chatsworth. The provisions of this Chapter shall not apply to housing for older persons as provided in 42 U.S.C. § 3607, group homes governed by the Specialized Living Centers Act, 405 ILCS 25/1 et seq., or other similar uses governed by state or federal laws, rules, or regulations.a) This Chapter shall apply to regulate and determine the rights, obligations, and remedies related to the operation and occupancy of residential rental units located within the Town of Chatsworth. The following are exempt from application of this Chapter:
i) Residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious or similar service;
ii) Transient occupancy in a hotel, motel, bed and breakfast, tourist home or tourist court; or
iii) Residence at a property wholly owned by the State of Illinois or federal government.
III) Definitions
a) Absentee Landlord: A landlord who does not reside or maintain their principal place of business in Livingston County, Illinois, or a landlord who does reside or has their principal place of business in Livingston County but is regularly absent from Livingston County, Illinois, for a period of sixty (60) days or more in a calendar year.
b) Common Area: Any area on the property, including the yard, that is not within a dwelling unit and is or may be used by a tenant or occupant of a dwelling unit located at the property.
c) Dwelling Unit: Any part of a building used as a residence or sleeping place by one (1) or more persons in consideration for the payment of rental income.
d) Landlord: Any owner (i.e. person, trustee, corporation, partnership, association, membership, cooperative, or business entity) of a dwelling unit possessed by a tenant in consideration for the payment of rental income.
e) Lease Agreement: Any lease or rental agreement containing the terms of occupancy of a dwelling unit by a tenant.
f) Owner: The person or entity that holds legal title to the real property, except: (1) if legal title is held by a land trust, owner shall mean the beneficial owner or owners of the land trust; and (2) if there is a purchaser or purchasers under a real estate installment sales contract, owner shall mean the purchaser or purchasers.
g) Permanent Occupancy: The occupancy of a dwelling unit for more than thirty (30) days in a calendar year.
h) Property Maintenance Code: means any code in effect pursuant to the Municipal Code of the Town of Chatsworth.
i) Rental Property: any real estate, including a condominium unit, containing one (1) or more dwelling units occupied by a tenant for which rental income is paid.
j) Rental Income: Any monetary rent or other consideration exchanged for or in connection with the use or occupancy of a dwelling unit.
k) Rent to own agreements between tenants and landlords shall be include in and guided by this ordinance.
l) Rental Manager: A person, who is not the Owner of a property, who receives compensation for managing rental housing.
m) Tenant: A person occupying a dwelling unit pursuant to a lease agreement.
n) Tenant list: A list of all dwelling units licensed or to be licensed, the name of the tenant as it appears on the lease agreement, the number of occupants residing in the dwelling unit, and the names and ages of the occupants of the dwelling unit.
o) Code Enforcement Officer of Town of Chatsworth, Board President / Mayor.
IV) Crime-Free Residential Rental License
a) Crime-Free Residential Rental License
i) No Landlord shall rent or lease a dwelling unit, or receive any rental income, without a crime-free residential rental license.
ii) Crime-free residential rental licenses issued under this Ordinance shall be specific to the landlord and the dwelling units to be rented as identified on the landlord's application.
b) Total Number of License
i) The number of Licenses issued by the Town of Chatsworth during the License Term shall not exceed a number in excess of TEN PERCENT (10%) of the total habitable residential properties in the Town of Chatsworth.
(1) Any property actively occupied by a tenant at the time of the enactment of this Ordinance may be granted a License subject to Section IV of this Ordinance even if total number of Licenses at the time enactment exceeds the TEN PERCENT (10%) designated above. This shall be known as a "Pre-Ordinance Property."
(2) A Pre-Ordinance Property shall remain eligible for a License subject to Section IV of this Ordinance under Section IV(b)(i)(1) if the Pre-Ordinance Property maintains a continuous License. Any lapse, revocation, nonrenewal, denial, or the like shall terminate a property's designation as Pre-Ordinance Property. c) License Term.
ii) Crime-free residential rental licenses issued under this Ordinance shall be specific to the landlord and the dwelling units to be rented as identified on the landlord's application.
c) All crime-free residential rental licenses shall be valid from January 1 of the calendar year through December 31of the same calendar year.
d) Application for License; Issuance of License; Renewal
i) Landlords seeking to obtain a crime-free residential rental license shall file an application with the Town of Chatsworth Code Enforcement Officer / Mayor on the form adopted by the Town of Chatsworth. The application must be completed and signed by the Landlord.
ii) Applications for the issuance of a crime-free residential rental licenses shall be filed no later than thirty (30) days prior to the desired effective date of the license.
iii) The Code Enforcement Officer / Mayor shall issue a crime-free residential rental license if the following requirements are met:
(1) The Landlord has filed a completed application that has been signed.
(2) The Landlord has paid the annual license fee and there are no outstanding debts due and owing to the Town of Chatsworth from the Landlord and/or Rental Manager, including but not limited to, outstanding fines imposed for violating the terms of this Chapter.
(3) The Landlord has supplied a current and complete tenant list.
(4) The Landlord is a resident, or has a principal place of business in Livingston County, Illinois, subject to the following exceptions:
(a) An absentee landlord who has a rental manager that resides or has its principal place of business in Livingston County, Illinois; and
(b) Said rental manager is listed on the Landlord's application.
(5) The building and/or dwelling units subject to the license have undergone and passed an inspection by the Town of Chatsworth.
(6) There is no reason to deny the issuance or renewal of a crime-free residential rental license pursuant to the provisions of this Ordinance.
e) License fee
i) The annual fee for a crime-free residential rental license shall be one hundred dollars ($100.00) per dwelling unit to be licensed.
ii) The fee for a license transfer shall be prorated to the date the new Landlord obtains legal title to the building.
f) License Transfer
i) No crime-free residential rental license shall be transferable without the expressed written consent of the Ordinance Enforcement Officer / Mayor.
ii) Every Landlord holding a crime-free residential rental license shall provide written notice to the building commissioner, within twenty-four (24) hours after having conveyed legal title to a dwelling unit covered by a license. Such notice shall include the name and address of the successor owner.
iii) A new Landlord desiring to operate under the previous Landlord's crime-free residential rental license shall file an application for a transfer with the Ordinance Enforcement Officer / Mayor no later than ten (10) business days after having been conveyed title to the dwelling unit. Issuance of the license transfer shall be contingent upon the new owner's compliance with the requirements of provision IV(c)(iii). In the event the new owner fails to apply for a transfer in the time period referenced above, the crime-free residential rental license applicable to the dwelling unit shall be deemed immediately revoked without further notice.
V) Rental Managers
a) All Rental Managers shall be deemed authorized to accept notice and process on behalf of the Landlord.
b) No Landlord shall authorize or permit another person to act on their behalf with respect to a dwelling unit, including but not limited to the acceptance of rental income, unless that person is designated as a Rental Manager on the application attaining the crime-free residential rental license.
c) No person shall conduct business on behalf of a Landlord unless specifically listed as a Rental Manager on the application attending the current crime-free residential rental license.
d) Landlords shall be responsible for the conduct/actions of their Rental Managers.
e) Substitution of Rental Managers
i) Every Landlord shall give notice to the Ordinance Enforcement Officer / Mayor in the event its Rental Manager discontinues service in that capacity. Said notice shall be provided to the Ordinance Enforcement Officer / Mayor in writing, and no later than two (2) business days after the Landlord has knowledge of such discontinuation.
ii) Landlords shall notify the Ordinance Enforcement Officer / Mayor of replacement Rental Manager, in writing, no later than seven (7) business days after a replacement Rental Manager has been appointed for a dwelling unit. In the event no replacement Rental Manager has been identified within seven (7) business days after the previously identified Rental Manager has discontinued services, the Landlord shall be assumed to be managing the dwelling governed by the crime-free residential rental license.
VI) Tenants and Lease Agreements
a) Tenant List
i) All Landlords and Rental Managers shall maintain an accurate and complete tenant list for all dwelling units subject to a crime-free residential rental license.
ii) Landlords shall file an accurate and complete tenant list with the Ordinance Enforcement Officer each time they apply for the issuance or renewal of the crimefree residential rental license.
iii) Landlords shall update the tenant list on file with the Ordinance Enforcement Officer / Mayor no later than fourteen (14) calendar days after a new tenant or occupant occupies a dwelling unit.
iv) No Landlord shall allow the permanent occupancy of a dwelling unit by any person not identified on the tenant list on file with the Ordinance Enforcement Officer / Mayor.
v) Said Tenant List shall include the following tenant information:
(1) Full legal name
(2) Date of birth
(3) Driver's license number and issuing state
(4) State Identification with Identification Number
b) Lease Requirements
i) All lease agreements shall be in writing and shall be executed within fourteen (14) calendar days of the commencement of occupancy. Landlords shall provide a fully executed copy of the lease agreement to the tenant within fourteen (14) calendar days after occupancy.
c) Lease Maintenance
i) A copy of all lease agreements for dwelling units licensed under this Ordinance shall be maintained by the Landlord and Rental Manager.
ii) If a building contains multiple dwelling units licensed to a single Landlord, copies of all written leases for the dwelling units shall be maintained within the building.
iii) Landlords and Rental Managers shall provide the Ordinance Enforcement Officer / Mayor with a copy of any written lease for a dwelling unit upon request.
d) Prohibited Lease Agreements
i) Oral lease agreements and sub-leases are prohibited
ii) No Landlord shall enter into a lease agreement which will cause the dwelling unit to be occupied by more persons than permitted under the provisions of the Chatsworth Municipal Code, or the Building Codes and Regulations of the State of Illinois, and the provisions of this Ordinance.
iii) It shall be unlawful for any tenant to permit any dwelling unit to be occupied in excess of the occupancy limits of the Chatsworth Municipal Code or Building Codes and Regulations of the State of Illinois.
iv) All leases must apply to the complete dwelling unit and not to individual bedrooms, sleeping rooms, or portions of a dwelling unit. No dwelling unit shall be operated similar to a boarding house, dormitory or other similar use.
e) Crime-free lease addendum
i) No Landlord, or Rental Manager, shall enter into a lease agreement or an extension of a lease agreement without incorporating a "crime-free lease addendum."
ii) The provisions of the "crime-free lease addendum," as provided in this section shall be read into and shall constitute an integral part of any lease agreement or extension governing a dwelling unit in the Town of Chatsworth, irrespective of whether it is attached or a part of the lease agreement, in fact.
iii) The "crime-free lease addendum" shall be in the following form:
CRIME-FREE LEASE ADDENDUM
In addition to all other terms of the lease, Landlord and Tenant agree as follows:
1. The Tenant, any member of the Tenant's household, and any guest or any other person associated with the Tenant or under the Tenant's control regardless of whether the individual engaging in such activity is a member of the household:
a. Shall not engage in or facilitate any criminal or quasi-criminal activity as defined by local, state or federal law while in the dwelling unit or in any common area of a building containing the dwelling unit; and
b. Shall not permit or allow the dwelling unit or any common area of a property containing a dwelling unit to be used by any person to engage in or facilitate any criminal or quasi-criminal activity as defined by local, state or federal law.
2. All tenants are required to notify the Town of Chatsworth Police Department of criminal or quasi-criminal conduct occurring or believed to be occurring in any dwelling unit or in any common area of a building containing a dwelling unit. Each tenant shall have the duty to notify the Landlord or Rental Manager of any criminal or quasi-criminal activities witnessed or believed or alleged to be occurring or to have occurred in any dwelling unit or common area of a building in which a dwelling unit is leased no later than forty-eight (48) hours of having knowledge of the same. Any such notice may be made anonymously.
3. Any violation of this Addendum shall constitute a substantial violation of the lease, material noncompliance with the lease, and grounds for termination of tenancy and eviction.
4. In case of conflict between the provisions of this addendum and any other provision of the lease agreement, the provisions of the addendum shall govern
f) Criminal or Quasi-Criminal Activities
i) Each time the Ordinance Enforcement Officer / Mayor is notified of a criminal or quasi-criminal act occurring in a dwelling unit or common area of a building containing a dwelling unit, he shall send notice of such activity to the landlord in writing no later than five (5) business days after he has knowledge of the same. No written notice need be provided by the Ordinance Enforcement Officer / Mayor if a ticket is issued to the Landlord or Rental Manager for a violation of this article as a result of the same criminal or quasi-criminal activity.
ii) Every Landlord and Rental Manager shall notify the Police Department or the Ordinance Enforcement Officer Mayor, as circumstances may dictate, whenever he witnesses, or is advised of any allegation of, criminal or quasi-criminal activity occurring in a dwelling unit or common area of a building containing a dwelling unit which is subject to a crime-free residential rental license. In the event the circumstances do not dictate the immediate notification to the Police Department, notice to the Ordinance Enforcement Officer / Mayor shall be provided no later than two (2) business days after the Landlord or Rental Manager has knowledge of the activity to be reported.
iii) It shall be unlawful for any Landlord or Rental Manger to punish or retaliate against a Tenant or occupant of a dwelling unit, including but not limited to the termination of a lease agreement or the initiation of eviction proceedings, for:
(1) providing notice to the Town of Chatsworth of violations of this Chapter or of criminal or quasi-criminal activities taking place in dwelling unit or in a common area of a building containing a dwelling unit; or
(2) for testifying in any criminal or quasi-criminal proceeding or proceeding authorized under this Chapter.
VII) Landlord Duties and Obligations
a) Maintenance and Upkeep
i) Landlords shall be responsible for the maintenance and upkeep of all dwelling units, and shall be responsible for any violation of the Chatsworth Municipal Code, or Building Codes and Regulations of the State of Illinois.
ii) Landlords shall have the following duties:
(1) All rental properties shall be in good repair;
(2) All rental properties shall be properly equipped with smoke detectors and carbon monoxide detectors as prescribed by the relevant regulations, codes, or laws. In the absence of any governing regulation, code, or law, the property shall have at minimum a smoke detector on every floor of the residence;
(3) All rental properties shall have a sound roof free from leaking;
(4) All rental properties shall have a well-maintained exterior finish, including but not limited to, brick, siding, or paint.
(5) All rental outbuildings located on the property shall be in good repair, structurally sound, and have a well-maintained exterior finish;
(6) All rental properties shall have windows in good repair. No windows shall be allowed that are covered by plywood, or other means, nor shall broken windows be allowed to remain in said property;
(7) All rental properties shall be void of inoperable vehicles, or junk vehicles, nor shall vehicles be permitted to be parked or stored in the yard of the property;
(8) All rental properties shall be void of junk, debris, trash or refuse in the yards;
(9) No rental properties shall be allowed outside animals or pets;
(10) All rental properties shall be limited to the possession of two (2) domestic pets that dwell inside said property;
(11) No rental property shall have a dog run, or similar animal area, in the front of the rental property;
(12) Any violation of the Town of Chatsworth Ordinances by the rental property shall be deemed the responsibility of the Landlord, and subject to the Articles herein;
(13) All rental properties shall be void of dead trees
(14) All rental properties shall have a yard that is well maintained, not allowing the grass to a height more than eight (8) inches. In the event the grass is measured to be greater than eight (8) inches, the Town of Chatsworth, at its discretion, will mow the property at the expense of the Landlord. Failure to pay for said mowing services shall result in the discontinuing of municipal services, and be subject to penalties as described herein.
iii) A Landlord's failure to abide by the Chatsworth Municipal Code, Building Codes and Regulations of the State of Illinois, or the duties or obligations described in Article VII paragraph (a)(ii) shall be grounds for the revocation or suspension of a crime-free rental license under Article IX paragraph (c) of this Chapter, or the refusal to issue or renew a crime-free license under Article IX (a) of this Chapter. b) Utilities
iv) The Landlord shall be responsible for all utilities associated with the rental property, including but not limited to, water, sewer, and garbage.
VIII) Violations and Penalties
a) Penalties and Administration
i) Any Landlord or Rental Manager that collects rental income from a tenant of a dwelling unit without a crime-free residential rental license shall be fined in an amount equivalent to the rental income collected. Each time rental income is collected shall constitute a new a separate violation.
ii) Any person found in violation of any other provision of this Chapter shall be fined no less than $50.00 nor more than $250.00. Each day a violation occurs or is permitted to continue shall constitute a new and separate violation. Violations of this Chapter that concern multiple dwelling units shall constitute separate offenses as to those dwelling units and shall not be considered a single violation simply because the dwelling units are located in the same building or subject to the same crime-free residential rental license.
iii) Violations of this Chapter may be administered through Chapter 22 - Penalty of the Municipal Code of the Town of Chatsworth, or by any other means permitted by law. Nothing in this Chapter shall be interpreted to limit the remedies or penalties available to the Town of Chatsworth.
IX) License Proceedings
a) Refusal to issue or renew a crime-free rental license
i) The Ordinance Enforcement Officer / Mayor may refuse to issue or renew a crime-free residential rental license in whole or in part for past violations of this Chapter, violations of the Municipal Code of the Town of Chatsworth, refusal to take steps to mitigate against or prevent future violations of this Chapter or the Municipal Code, failure to complete any requirements of a conditional license, threats to the health, safety, and welfare of the Tenants, Occupants, or Public, if the Landlord has had his/her crime-free residential license denied, suspended or revoked in the past by the Town of Chatsworth or other municipality operating under similar regulations and cannot show that the circumstances attending such action has been remedied or that steps have been taken to prevent future violations of a similar nature, falsification of information or documents required to be submitted under this Chapter, or if the maximum number of licenses under this Chapter has been issued.
ii) The Ordinance Enforcement Officer / Mayor shall make his/her determination in writing which shall include the factual basis and legal conclusion for his determination. The Ordinance Enforcement Officer / Mayor's determination shall be mailed to the Landlord and Rental Manager, if any, by certified U.S. Mail, return receipt requested, no later than forty-five (45) days after the application for issuance or renewal is submitted or, within five (5) business days of a Landlord or rental manager's failure to timely complete any requirements of a conditional license.
iii) The refusal to issue or renew a crime-free residential rental license may be partial or in whole depending on the circumstances. A determination not to issue or renew a crime-free residential rental license in whole shall be supported by a finding that the prior violations were systematic, the result of willful actions or omissions, on-going despite warnings or request for compliance by the Ordinance Enforcement Officer / Mayor, or otherwise constitute a universal threat to the health, safety, and welfare of the Tenants governed by the license.
iv) In lieu of refusing to issue or renew a crime-free residential rental license, the Ordinance Enforcement Officer / Mayor may issue a determination that a conditional crimefree residential rental license is appropriate under the circumstances. A conditional crime-free residential license shall be valid for a limited time-period during which the Landlord shall be required to undertake and/or satisfy certain measures identified by the Ordinance Enforcement Officer / Mayor before a crime-free residential rental license is issued or renewed. The conditions imposed shall be directed towards remedying past violations, the prevention of future violations under this Chapter, or as a probationary technique to ensure the Landlord or Rental Manager understands and has taken measures to ensure compliance with this Ordinance. A crime-free residential rental license shall not be issued if the landlord fails to complete or violates the conditions listed in the Ordinance Enforcement Officer / Mayor's determination in the time-period referenced.
v) The Ordinance Enforcement Officer / Mayor's decision shall be final and take immediate effect fourteen (14) calendar days after it is issued assuming no appeal is taken.
b) Appeals of determination to not issue or renew a crime-free residential rental license
i) The Ordinance Enforcement Officer / Mayor's decision to not issue or review a crime-free residential rental license may be appealed by the Landlord to the Town Board of the Town of Chatsworth. The Landlord shall perfect the appeal by filing exceptions with the Town Clerk no later than fourteen (14) calendar days after the date of the Ordinance Enforcement Officer's determination. The exceptions shall identify any factual or legal errors with the Ordinance Enforcement Officer / Mayor's determination, a short argument in favor of reversal, and a copy of the Ordinance Enforcement Officer / Mayor's determination. Any argument or basis for reversal not raised in the exceptions shall be deemed waived on appeal.
ii) The timely filing of exceptions shall stay the Ordinance Enforcement Officer / Mayor's determination through the date on which the appeal is decided.
iii) Within seventy-two (72) hours of the filing of exceptions, the Town Clerk shall send written notice of the appeal to the Ordinance Enforcement Officer / Mayor and the Landlord. The notice shall include a copy of exceptions as well as notification as to the date, time and location of the hearing on the appeal. Notice shall be provided by certified U.S. Mail, return receipt requested, to the home addresses listed for the Landlord.
iv) Licensees shall be permitted but are not required to be represented by an attorney. The Town Attorney shall sit as counsel for the Town Board.
v) A de novo hearing shall take place no sooner than twenty-five (25) days nor more than forty-five (45) days after exceptions are filed with the Town Clerk. The Town Board shall base its decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross-examination. The Landlord shall have the burden of proof and shall be required to prove its case by a preponderance of evidence.
vi) No continuance will be granted except for the most extenuating circumstances.
vii) A court reporter will be provided on the timely request (no later than seven (7) days before the scheduled hearing) of the Town or Licensee. The party requesting the court reporter shall be responsible for the costs of his/her attendance and the reproduction of the transcript to be made a part of the record.
viii)No later than thirty (30) days after the close of the hearing, the Town Board shall issue its written decision either affirming or reversing the Ordinance Enforcement Officer / Mayor's decision. The written decision shall be mailed to all interested parties by certified U.S. Mail, return receipt requested. The Town Board's decision on appeal shall be final and take effect immediately.
c) Suspension or Revocation of crime-free residential rental license
i) All crime-free residential rental licenses are subject to suspension or revocation. The basis for suspension or revocation shall include, but not be limited to: violations of this Ordinance or the Town of Chatsworth Municipal Code, the failure to take adequate steps to prevent future violations of this Ordinance or the property maintenance code, the failure or refusal to initiate and prosecute eviction proceedings against Tenants that violate the "crime-free lease addendum," the failure to pay any fee or fine due and owing to the Town of Chatsworth in a timely manner, and the falsification of information or documents required to be submitted under this article.
ii) Proceedings to suspend or revoke a crime-free residential license shall be initiated by the Ordinance Enforcement Officer / Mayor. The Ordinance Enforcement Officer / Mayor shall send written notice of the charges to the Landlord no later than forty-eight (48) hours after they are filed. The notice shall include a copy of the charges as well as notification as to the date, time and location for the hearing on the charges. Notice shall be provided by certified U.S. Mail, return receipt requested, to the home addresses listed for the Landlord.
iii) The hearing shall take place no sooner than twenty-five (25) days nor mor than forty-five (45) days after charges are filed by the Ordinance Enforcement Officer / Mayor. The Town Board shall preside over the hearing and base its decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross examination. The Ordinance Enforcement Officer / Mayor shall have the burden of proof and shall be required to prove its case by a preponderance of the evidence.
iv) A court reporter will be provided on the timely request (no later than five (5) business days before the scheduled hearing) of the Licensee. The party requesting the court reporter shall be responsible for the costs of his/her attendance and the reproduction of the transcript to be made a part of the record.
v) Licensees shall be permitted but are not required to be represented by an attorney. vi) No continuance will be granted except for the most extenuating circumstances.
vii) No later than thirty (30) days after the close of the hearing, the Town Board shall issue its decision in writing setting forth its findings of fact and legal conclusions. The written decision shall be mailed to all interested parties by certified U.S. Mail, return receipt requested.
viii)The Ordinance Enforcement Officer / Mayor's decision shall be final and take immediate effect fourteen (14) days after it is issued assuming no appeal is taken.
ix) Nothing herein shall prevent the immediate suspension/revocation of a crime-free residential rental license by the Ordinance Enforcement Officer / Mayor as circumstances dictate. Under such circumstances, post-deprivation proceedings shall be afforded to the Landlord and shall be initiated by the Ordinance Enforcement Officer / Mayor. The Town Board shall automatically preside over a post-suspension/revocation hearing concerning the propriety of the immediate suspension/revocation of a crime-free residential rental license by the Ordinance Enforcement Officer / Mayor. All other procedural requirements of this section shall apply.

2023-09-12: Update to Chapter 9 Municipal Code - Municipal Utility

Ordinance 2023-09-12 PDF



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