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HomeMy WebLinkAboutORDINANCES-1978-069-O-78• 8/8/78 69-0-78 AN ORDINANCE Declaring A Moratorium On Condominium Conversion WHEREAS, numerous apartments exist in the City of Evanston; and WHEREAS, it is the purpose of the City of Evanston to establish standards for the development of new and conversion condominiums in order to ;{ protect the purchasers of condominium units and the residents of rental units designated for a conversion and to generally encourage the maintenance and improvement of the quality of housing; and ;i WHEREAS, many of said apartments have been converted to condominiums in the last several years and further applications are expected; and • I� • WHEREAS, such conversions are insufficiently regulated by State law or Evanston ordinance; and i, ji WHEREAS, conversion of existing apartment buildings to condominiums i �i causes financial and relocation problems for existing tenants and reduces the supply of rental housing in the City; and WHEREAS, such conversion will for the most part be irreversible once completed; and WHEREAS, Evanstonians rely on the protection of the Municipal Code of Evanston for zoning, building, housing, and consumer protection ordinances; and WHEREAS, the regulation of the sale and operation of condominiums may be desirable for the protection and welfare of the citizens of irtr. City of Evanston; and is b9-0-78 WHEREAS, the City Council and City staff have embarked upon studies of this situation with a view toward enacting new legislation regulating such II conversion in the interest of the health, safety, and general welfare; and 1 j WHEREAS, further conversion of apartment buildings to condominiums may adversely influence such studies and the effects of such conversion during the study period will be largely irreversible; and WHEREAS, such conversions will not offer the protection of any pos- sible new regulation: ,I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF 1 �! THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: • i SECTION 1: Pursuant to the home rule powers of the City of Evanston 'j Ij a moratorium be and is hereby imposed on all conversions Cfi in existing buildings within the City of Evanston to condominium ownership. jI This moratorium is to remain in effect until the City Council of Evanston enacts an ordinance to regulate the.conversion of rental apartments to condo- minium ownership, and the ordinance takes effect, but in no event more than ninety (90) days following the effective date of this ordinance. SECTION 2: The provisions of this ordinance shall apply to any existing building for which a one hundred twenty (120) day notice of intent to convert pursuant to the provisions of Section 30 of the Illinois Condominium Property Act was not conveyed to tenants prior to July 11, 1978. Any party claiming that a building is not subject to the provisions of this ordinance shall submit proof to the City Manager that the one hundred • i twenty (120) day notice of intent to convert was sent to tenants prior to July 11, 1978. -2- • 0 • r 69-0-78 SECTION 3: As of the date upon which this ordinance takes effect, no one hundred twenty (120) day notice of intent to convert may be conveyed to any tenant in a rental apartment. SECTION 4: As of the date upon which this ordinance takes effect, no rental apartment building may be converted to condo- minium ownership unless the declaration and plat of said property is filed concurrently with the City Clerk of Evanston and the Cook County Recorder of Deeds. I SECTION 5: The City Manager shall be responsible for the enforce- ment of this ordinance. SECTION 6: Any person, firm or corporation attempting to convert an existing building in violation of this ordinance shall be fined, not to exceed FIVE HUNDRED DOLLARS ($500.00). Each day any viola - I tion of this ordinance shall continue shall constitute a separate offense. SECTION 7: If any provision of this ordinance or the application I �i thereof to any person or circumstances is held invalid, I� 1 the invalidity does not affect other provisions or applications of this ordinance, which can be given effect without the invalid provisions or appli- cation. SECTION 8: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law and until an Evanston condominium ordinance takes effect or ninety (90) days from the effective date of this ordinance, whichever comes first. Introduced Adopted 7 , 1978 1978 /Approvled G 1� nni�//its%f ATTEST: ` Mayor City Clerk/ Approved as to form: Corporation se 0 , 1973 -3-