HomeMy WebLinkAbout004-O-23 Amending Portions of Title 5, Chapter 2, “Lodging Establishments” of the City Code
01/23/2023
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AN ORDINANCE
Amending Portions of Title 5, Chapter 2, “Lodging Establishments” of
the City Code
WHEREAS, the City of Evanston seeks to update its Lodging
Establishment license to be more applicable to modern times and to create a Shared
Housing Provider license in its place; and
WHEREAS, the Shared Housing Provider license requires all shared
housing to provide the City with an operating agreement to ensure the safety of all
residents and community members; and
WHEREAS, the Shared Housing Provider license will be applicable to
many types of shared housing situations throughout the City to ensure the safety of all
residents and community members,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code Title 5, Chapter 2, “Lodging Establishments”; of
the Evanston City Code of 2012, as amended, is hereby amended to read as follows:
CHAPTER 2 – LODGING ESTABLISHMENTS
5-2-1. APPLICABILITY OF PROVISIONS.
This Chapter shall apply to any building, structure or portion thereof which is
equipped to provide for compensation lodging rooms or rooming units to three (3) or
more persons unrelated to the owner or operator of the building or structure. This shall
include, but not be limited to, the following: apartment hotel, boarding house, dormitory,
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fraternity, furnished rooming house, hotel, lodging house, private club, retirement hotel,
rooming house or sorority.
For the purpose of this Chapter, rooming units and lodging rooms are defined in Section
6-18-3 of the Evanston Zoning Code.
5-2-2. LICENSE REQUIRED.
No house, building or accessory structure hereafter constructed or erected in the
City shall be used as set forth in Section 1 of this Chapter, and no house, building or
accessory structure heretofore erected and not now used for such purpose, or any
building, house, structure or portion thereof which is now used or intended to be used or
occupied for such purposes shall be converted into, used as or leased as set forth in
Section 1 of this Chapter, unless such building and every part thereof is licensed
pursuant to the requirements of this Chapter and conforms to such other requirements
of the building, zoning, housing, fire prevention and health ordinances of the City (Title
4, Chapter 2; Title 6; Title 5, Chapter 1; Title 4, Chapter 4; and Title 8, respectively, of
this Code) as may apply.
5-2-3. LICENSE REQUIRED; QUALIFICATIONS LICENSE TERM.
Any license issued pursuant to the terms of this Chapter shall expire on December
31 of each year and such license shall not be transferable (see Title 3, Chapter 1 of this
Code).
5-2-4. APPLICATION PROCEDURE.
(A) Contents of Application: A written application for the license required upon forms
furnished by the City Manager or his/her designee shall be filed with said person on
or before November 1 of each year and shall accurately state:
1. The full name and address of the applicant and the person in whose name
such license is to be issued;
2. The full name and address of the owner of the building and premises where
such use is proposed to be carried on;
3. The number of rooms in such building and which of such rooms in the building
are to be occupied as sleeping rooms; and
4. The number of persons proposed to be accommodated or allowed in each
room.
(B) Floor Plan Required: Such applicant shall file with the application four (4) copies of
a plan of each floor of the building, which plan shall be drawn to a scale of not less
than one-quarter inch to a foot (¼" = 1') showing all fire escapes, stairs and halls,
the location and size of all windows, the location and size of habitable rooms and
the exits on each floor; a statement in writing showing the maximum number of
persons proposed to be accommodated or allowed on each floor, and the intended
use of every room in the building must be written in the submitted plan. This floor
plan requirement is applicable only to new construction, to buildings newly
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converted to rooming houses, and to existing rooming houses, the floor plan of
which has changed.
(C) Approval Of Officers: Upon receipt of the application and plans required by this
Chapter, it shall be the duty of the City Manager or his/her designee to submit a
copy of the application and plans to each of the following:
Director of Community and Economic Development
Fire Chief
Public Health Director
5-2-5. LICENSE FEES.
The license required by this Chapter shall be issued by the Department of
Community and Economic Development and the annual fee for such license, which the
applicant shall submit with the license application, shall be as follows:
(A) For each and every building containing a use as set forth in Section 1 of this
Chapter, one hundred fifty dollars ($150.00).
(B) Buildings containing a use as set forth in Section 5-2-1 of this Chapter, twenty-
eight dollars ($28.00) per roomer, guest or transient occupant.
(C) Late Payment Penalty. Failure to pay the annual fee for any such license within
six (6) weeks of license expiration shall result in an additional late charge of
thirty percent (30%).
5-2-6. ROOMING HOUSES; REQUIREMENTS AND STANDARDS.
Every provision of this Chapter which applies to rooming houses shall also apply to
hotels, except to the extent that any such provision may be found in conflict with the
laws of the State.
(A) At least one flush water closet, lavatory basin and bathtub or shower, properly
connected to a water and sewer system approved by the Director of
Community Development and in good working condition, shall be supplied for
each six (6) persons or fraction thereof residing within a rooming house
including members of the operator's family whenever they share the use of
such facilities, provided that in a rooming house where rooms are let only to
males, flush urinals may be substituted for not more than one-half (½) of the
required number of water closets. All such facilities shall be so located within
the dwelling as to be reasonably accessible to all persons sharing such
facilities from a common hall or passageway. Every lavatory basin and bathtub
or shower shall be supplied with hot water at all times. No such facilities shall
be located in a basement except by written approval of the Director of
Community Development.
(B) The operator of every rooming house shall change supplied bed linens and
towels therein at least once each week, and prior to the letting of any room to
any new occupant. The operator shall be responsible for the maintenance of all
supplied bedding in a clean and sanitary manner.
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(C) Every room occupied for sleeping purposes shall contain the following floor
space:
One person 70 square feet
More than one person 50 square feet per occupant
(D) Every rooming unit shall have safe, unobstructed means of egress leading to
safe and open space at ground level as required by the laws of the State and
the City.
(E) The operator of every rooming house shall be responsible for the safe and
sanitary maintenance of all walls, floors and ceilings and for the maintenance
of a sanitary condition in every other part of the rooming house. The operator
shall be further responsible for the safe and sanitary maintenance of the entire
premises where the entire structure or building is leased or occupied by the
operator.
CHAPTER 2 - SHARED HOUSING PROVIDER.
5-2-1. – DEFINITIONS.
For the purposes of this Chapter, the following terms, phrases, words and derivations
shall have the meaning given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the plural number include the
singular number, and words in the singular number include the plural number. The word
"shall" is always mandatory.
APPLICANT. A Provider that submits to the City
Manager or designee an application for a
license or the renewal of a license to
conduct, operate or maintain Shared
Housing under this Chapter.
PROVIDER. Any person, firm, partnership, association,
corporation, company or any organization
of any kind.
SHARED HOUSING. Shared housing includes but is not limited
to: Transitional Treatment Facility, Shelter
for Abused Persons, Congregate Housing,
Rooming House, Sheltered Care Home,
Transitional Shelter, Apartment Hotel,
Hotel, Dormitory and Boarding House, all
as defined by Title 6 of the Evanston City
Code.
5-2-2. – SHARED HOUSING REQUIREMENTS.
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Every provision of this Chapter which applies to Shared Housing shall also apply to
hotels, except to the extent that any such provision may be found in conflict with the
laws of the State.
(A) At least one flush water closet, lavatory basin and bathtub or shower, properly
connected to a water and sewer system approved by the City Manager or
designee and in good working condition, shall be supplied for each six (6)
persons or fraction thereof residing within the Shared Housing including
members of the operator's family whenever they share the use of such facilities.
Every lavatory basin and bathtub or shower shall be supplied with hot water at
all times. No such facilities shall be located in a basement except by written
approval of the City Manager or designee.
(B) All Shared Housing shall be required to provide contact information of the
Provider on the exterior of the property for all non-owner-occupied Shared
Housing.
(C) All Shared Housing shall comply with the requirements of Title 8, Section 18, the
Clean Air Act - Smoking.
5-2-3. - LICENSE REQUIRED.
No Provider shall conduct, operate, or maintain or permit to be conducted,
operated or maintained or participate in the conduct, operation or maintenance of the
Shared Housing within the City unless the City has issued a license as provided for in
this Chapter and which is in full force and effect.
Said license shall be issued only if Applicant is approved pursuant to procedures
established in this Chapter, and has received a special use permit, if required by Title 6,
from the City Council in accordance with procedures established in Title 6 of the City
Code or has been specifically exempted from the requirement for such approval by the
City Council.
5-2-4. - APPLICATION FOR LICENSE.
Application for such license shall be made to the City Manager or their designee in such
form and manner as may be prescribed by said City Manager or their designee. The
application shall be under oath and shall contain:
(A) The location of the premises for which a license is sought;
(B) The proposed maximum number of persons to be housed in the Shared Housing;
(C) The name and address of the Provider.
(D) A floor plan with room size measurements submitted with every application and
upon renewal;
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(E) The name of the Provider under whose management or supervision the Shared
Housing will be conducted;
(F) If required by Title 6, the date of special use approval, or the date on which an
application for special use was filed with the City, if application is pending or the date on
which the City Council approved an exemption from that requirement;
(G) An operational summary of the Shared Housing; and
(H) Such other information as the City Manager or designee may require to implement
this Chapter.
5-2-5. - INSPECTION.
Upon receipt of an application for a license hereunder, the City Manager or designee
shall cause an inspection to be made of the proposed Shared Housing by the City's Fire
and Life Safety Services Department, the Community Development staff and other
applicable departments. The Applicant shall afford the representative of the City's
departments reasonable opportunity to inspect the Applicant's location for which the
license is requested and to interview the Applicant's agents and employees and any
other person within their custody or control in the particular premises for which a license
is being requested. Inspections will be conducted prior to the annual renewal of a
license. During the term of licensure, the City Manager or designee may conduct
inspections of the Shared Housing at any time without notice to licensee.
5-2-6. - STANDARDS FOR ISSUANCE OF LICENSE.
Upon completion of such inspection, and a review of the application, the City Manager
or their designee shall issue an appropriate license to the Applicant for the Shared
Housing providing the City Manager or designee finds and determines that the applicant
meets the minimum standards of the Fire, Property Maintenance, Housing and Health
codes and that such conforms to the requirements of this Chapter.
5-2-7. - LICENSE TERM AND CONDITIONS.
5-2-7-1. - ANNUAL LICENSE.
The City Manager or designee shall provide for the issuance and renewal of licenses for
the Shared Housing. The licenses shall be issued on forms prescribed by the City
Manager or designee. Each license, whether an original or a renewal license, shall
expire at the end of one year from the date of its issuance (which date of expiration shall
be stated upon its face) unless sooner revoked or surrendered. Licenses shall not be
transferable either as to place or person. The license shall be displayed in a
conspicuous place near the main entrance inside the Shared Housing. An initial license
shall cost five hundred dollars ($500.00). An annual renewal of the license shall cost
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one hundred and fifty dollars ($150.00) plus twenty-six dollars ($26.00) per roomer and
shall be due on January 1 of every year.
The City Manager or designee may deny a license to operate if the proposed Shared
Housing fails to comply with the requirements of this Chapter and all other applicable
ordinances. The City Manager or designee may deny a license based on documented
(A) poor performance on routine City inspections or re-inspections; (B) persistent
sanitation and verifiable misconduct complaints associated with the Shared Housing;
(C) failure to follow the operating agreement as required by 5-2-7-2; or (D) any
violations of other applicable codes that negatively affect the health and welfare of
Evanston residents.
5-2-7-2. – OPERATING AGREEMENT REQUIRED.
An operating agreement is required to be submitted with the Application for the license.
All operating agreements for new Applicants must be approved by the City Council.
5-2-8. – SQUARE FOOTAGE REQUIREMENT.
Every room occupied for sleeping purposes shall contain the following floor space:
One person 70 square feet
More than one person 50 square feet per occupant
5-2-9. – SMOKE AND CARBON MONOXIDE DETECTION DEVICES.
Smoke detection devices, as described in the adopted fire code, shall be installed and
maintained in the manner designated in said requirements, in each Shared Housing as
follows:
(A) Within each sleeping area;
(B) In each corridor with the distance between each smoke detection device not to
exceed forty feet (40');
(C) At the uppermost ceiling of each stairwell and open shaft; and
(D) In each room or area used for storage.
Carbon monoxide detection devices must be installed within fifteen feet (15’) of sleeping
rooms in buildings where gas appliances are utilized or where there are underground
and/or attached parking.
5-2-10. - EVACUATION DIAGRAM.
In each Shared Housing, a diagram shall be posted on each floor of the Shared
Housing illustrating evacuation routes from the floor and the Shared Housing in the
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event of an emergency. Such diagram shall measure no less than twenty inches (20")
square and shall be posted in a place and manner where it will be readily visible to
occupants.
5-2-11. – VIOLATIONS.
The City Manager or their designee, shall have authority to issue written notices of
violations to licensee specifying the particular violations and the time allowed for
correction. Notice of violations shall be provided to the licensee in writing and shall
afford licensee a twenty-one-day opportunity to cure for any violation that does not
cause imminent detriment to the health or public safety. Licensee shall have twenty-one
days to cure any violation that does not cause imminent detriment to health or public
safety prior to license revocation. The time period to cure the violation may be extended
by the City Manager or designee.
5-2-12. - LICENSE REVOCATION.
Whenever the City Manager or designee determines that a violation has occurred which
endangers or threatens the life, health, safety or welfare of the Shared Housings’
occupants, the licensee or its employees or agents, or the community, the City Manager
or their designee may revoke the Shared Housing’s license by providing twenty-four
(24) hours' written notice to the Shared Housing, or by taking summary action pursuant
to Section 5-2-6-15 of this Chapter. Where determined necessary, said notice shall
contain an order for evacuation of the occupants, immediate correction of the
violation(s) or such other measures which the City Manager or their designee determine
to be required.
The City Manager or designee may also revoke the license of the Shared Housing
Provider for any violation which is uncorrected within twenty-one days, unless the time
specified by the City Manager or designee is extended, in a notice of violation, or for
repeated violations.
5-6-13. - APPEALS.
Whenever the City Manager or their designee refuses to issue a license or to renew a
license or revokes a license for a Shared Housing the Provider aggrieved shall have the
right to appeal the decision of the City Manager's designee to the City Manager, or has
the right to request the City Manager to reconsider their decision. The City Manager
shall grant such person a reasonable opportunity to present in writing, or at the City
Manager's option in open hearing, their arguments against such decision. The City
Manager shall consider such arguments and the pertinent facts and shall provide a brief
response to the appeal within ten (10) days. The decision of the City Manager with
respect to such appeal or reconsideration shall be final.
5-2-14. - PENALTY.
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Any person found to have violated any provision of this Chapter shall be guilty of an
offense punishable as follows:
A. 1. The fine for a first violation is one hundred fifty dollars ($150.00).
2. The fine for a second violation is four hundred dollars ($400.00).
3. The fine for a third or subsequent violation is seven hundred fifty dollars
($750.00).
B. Each day a provision of this Chapter is found to have been violated constitutes a
separate violation subject to the fine schedule set forth in Subsection A of this
Section.
C. The fines provided for herein shall not be constructed as limiting the power of a
court of competent jurisdiction or an administrative hearing officer to impose other
penalties and remedies as provided for by applicable legislation.
5-2-15. - SUMMARY ACTION.
Whenever an inspection of a Shared Housing discloses that such Shared Housing is in
violation of local codes and poses an immediate and serious menace to public health
and safety, the City is hereby authorized to revoke the license and to close the Shared
Housing immediately.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law. All Shared
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Housing License renewals for 2023 must submit their Operating Agreements with their
2024 license application.
Introduced: _________________, 2023
Adopted: ___________________, 2023
Approved:
__________________________, 2023
_______________________________
Daniel Biss, Mayor
Attest:
_______________________________
Stephanie Mendoza, City Clerk
Approved as to form:
______________________________
Nicholas E. Cummings, Corporation Counsel
February 27
January 23
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March 1