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HomeMy WebLinkAboutORDINANCE - 3695 - 3/23/2021 - Short Term Residential Rentals-Crime Free HousingORDINANCE NO.3695 AN ORDINANCE AMENDING CHAPTER 22 RESIDENTIAL RENTAL UNITS / CRIME FREE HOUSING OF TITLE 3 BUSINESS AND LICENSE REGULATIONS OF THE VILLAGE CODE BY ADDING PROVISIONS WHICH WILL PROHIBIT SHORT- TERM RESIDENTIAL RENTALS WHEREAS, the rental of residential homes within the corporate limits of the Village of Elk Grove Village as a commercial enterprise can result in instances of significant negative impact on neighboring properties and their residents; and WHEREAS, short-term residential rentals are often used for gatherings and parties by occupants and attendees who have no connection to the neighborhood, which gatherings and parties subject adjoining property owners and neighborhoods to a constant -turn -over of occupants and visitors attending events at such properties, along with excessive noise, traffic, and spillover parking; and WHEREAS, short-term residential rentals have also been the sites of volatile and at time violent activity in neighboring municipalities and across the country; and WHEREAS, the Village of Elk Grove Village is a home rule municipality as described in Section § 6(a) Article VII of the 1970 Constitution of the State of Illinois and as such may exercise any power and function pertaining to its government and affairs; and WHEREAS, the Mayor and Board of Trustees have determined that it is appropriate to prohibit the use of residential properties for short-term rental purposes as set forth herein. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois in the exercise of its home rule authority as follows: Section 1: That Section 3-22-1: Definitions, of Chapter 22 Residential Rental Units / Crime Free Housing of Title 3 of the Village Code be amended by adding the definition of SHORT-TERM RESIDENTIAL RENTALS which shall read as follows: SHORT TERM RESIDENTIAL RENTALS: A Residential Structure, offered for rent for a period which does not exceed thirty (30) consecutive days. The term "Short -Term Residential Rental" shall not include hotels or motels. Section 2: That Section 3-22 of Chapter 22 of Title 3 be further amended by renumbering 3-22-9 Enforcement / Penalties as amended hereinafter to Section 3-22-10, and providing a new Section 3-22-9 which shall read as follows: 3-22-9: SHORT-TERM RESIDENTIAL RENTALS PROHIBITED: A. It shall be unlawful for any person or entity to operate, use, offer for rent or use, or advertise for rent or use, any property within the Village as a Short -Term Residential Rental, except as set forth in Section 3-22-9-B below. B. Notwithstanding the provisions set forth in Section 3-22-9-A above, it shall not be considered a Short -Term Residential Rental when the preceding owner of a property maintains possession of a Residential Structure after closing for the sale thereof, but leases the property back from the successor owner for a period of time pursuant to a written agreement. Section 3: That paragraph A of renumbered Section 3-22-10 ENFORCEMENT / PENALTIES be amended to read as follows: 3-22-10: ENFORCEMENT / PENALTIES A. Except as otherwise provided herein, any property owner violating any provisions of this chapter or other applicable code or regulation of the village shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense and a separate offense shall be deemed committed on each day a violation occurs or continues to exist, and further provided, however, that the penalty for violating the provisions of Section 3-22-9-A shall be subject to a fine of not less than $500.00 nor more than $750.00 for each offense and a separate offense shall be deemed committed on each day a violation occurs or continues to exist. Section 4: That the Village Clerk is hereby directed to publish this Ordinance in pamphlet form. Section 5: That this Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 23rd day of March 2021. APPROVED this 23rd day of March 2021. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk By: Jennifer S. Mahon, Deputy Village Clerk PUBLISHED this 261h day of March 2021 in pamphlet form.