HomeMy WebLinkAboutORDINANCES-1980-036-O-80•
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36-0-80
AN ORDINANCE
Modifying Certain Provisions
of the Residential Condominium Ordinance
Pertaining to Owner Access to Units
and Warranty Escrows
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i WHEREAS, the City Council of the City of Evanston has considered
certain proposed changes to the Residential Condominium Ordinance, which
i;changes would a) clarify a property owner's right to enter with reasonable j
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1Inotice upon leased premises during pending conversions in order to correct�Il
cited Housing Code violations, and b) clarify operation of the escrow fund
!currently required to support declarant warranties;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON :
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SECTION 1: That Title 5, Chapter 4, Sections 5-4-4-4 (A) and
Ij 5-4-3-4 of the City Code of the City of Evanston 1979
11as amended, be further amended to read as follows:
ji "5-4-4-4: ACCESS:
(A) The tenant in a conversion condominium shall not unreasonably
'1 withhold consent to the declarant to enter the unit in order
to inspect the premises, make necessary or agreed repairs,
including correction of Housing Code violations cited by the
Director of Inspections and Permits, supply necessary or agreed
services or show the unit to prospective or actual workmen or
±� purchasers in accordance with subsection (B). The landlord
ij shall not abuse the right of access or use it to harass the
{; tenant. Except in case of emergency, or unless it is im-
practicable to do so, the landlord shall give the tenant at
least two (2) days' notice of his intent and may enter only at
reasonable times."
"5-4-3-4: WARRANTIES:
(C) Following the timely notification by a unit owner or the Unit
Owners' Association, the declarant shall, during the period of
the warranty, make any required repairs or replacements. If
the declarant fails to comply with the warranty provisions, the
Unit Owners' Association i.i the case of common elements and the
unit owner in the case of unit items may notify the declarant
in writing of their intention to correct or repair the condition
at the declarant's expense. If the declarant fails to comply
within fourteen (14),days after being so notified or as promptly
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36-0-80
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as conditions require in case of emergency, the Unit Owners,
li Association or the unit owner as the case requires may have the
�! work done and the Association for itself or jointly with and
• �I on behalf of the unit owner shall have recourse to the escrow
j� of other security provided pursuant to Section 5-4-3-4(E)."
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f� "(E) To assure compliance with the warranties set forth in this
Section, the declarant shall set up escrows or other appropriate
Il security acceptable to the City pursuant to regulations
II promulgated under this Section, which shall provide for said
escrows or other security to revert to sole control of the
I; declarant at the expiration of the different warranty periods
unless outstanding claims exist against them. Escrows or
II other appropriate security shall be in an amount constituting
,I the total of one percent (1%) of the sales price of each unit
!! sold and shall be a combined joint fund available for both common
!i element warranty work or unit warranty work and shall be
!� irrevocable until the expiration of the common element warranty
il period or unit warranty period, whichever occurs later."
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SECTION 2: All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
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SECTION 3: This ordinance shall be in full force and effect
'! from and after its passage, approval, and publication
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• jlin the manner provided by law.
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II Introduced:1980
{i Adopted: (,C�� �JYt.� , % 1980
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Approved: 4tld 1980
I! ATTEST:
City Clerk
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Approved as to form:
+{ Corporation Counsel ,.,.
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