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TO: Mayor Richard C. Irvin
FROM: Deborah Lang, Assistant Corporation Counsel
DATE: March 6, 2018
SUBJECT:
An ordinance establishing a temporary moratorium on remodeling, change of occupancy, or change of use of single family homes to lodging houses, boarding houses, or congregate living facilities and the issuance of rental licenses or the required revised certificate of occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family in the City of Aurora.
PURPOSE:
To obtain City Council's approval to place a temporary moratorium on remodeling, change of occupancy, or change of use of single family homes to lodging houses, boarding houses, or congregate living facilities and the issuance of rental licenses or the required revised certificate of occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family in the City of Aurora.
BACKGROUND:
Chapter 12 of the City of Aurora ordinances has not been amended since the addition of Crime Free Housing in 2008 and an amendment in 2009 for a change in fee structures and vacant property registration.
DISCUSSION:
Since the 2008 recession, some neighborhoods throughout the City of Aurora have experienced a change from single family homes to single family homes converted to lodging houses, boarding houses or congregate living facilities. Since then, the building code standards have changed and there is a need to update the city's ordinances to maintain safe living facilities for occupants.
This moratorium would afford staff the opportunity to research the laws in other communities, as well as the best practices and any related legal matters, so that we may come up with the appropriate code changes to address the above issues. We anticipate we should be able to bring before the Council the needed revisions to the ordinance within one hundred and twenty (120) days, after which time the moratorium will expire.
IMPACT STATEMENT:
Anyone from the general public that wants to remodel, a change of occupancy or change of use of single family homes to lodging houses, boarding houses, or congregate living facilities and the issuance of rental licenses or the required revised certificate of occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family in the City of Aurora would be affected by this temporary moratorium.
RECOMMENDATIONS:
I hereby recommend that the City Council approve the attached proposed ordinance that will declare a temporary moratorium on the issuance of issuance of permits for remodeling, change of occupancy or change of use of single family homes to lodging houses, boarding houses, or congregate living facilities and the issuance of rental licenses or the required revised certificate of occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family in the City of Aurora.
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance establishing a temporary moratorium on remodeling, change of occupancy or change of use of single family homes to lodging houses, boarding houses, or congregate living facilities and the issuance of rental licenses or the required revised certificate of occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family in Aurora.
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City Council believes there are issues of safety and otherwise, with the remodeling, change of occupancy or change of use of single family homes into lodging houses, boarding houses and congregate living facilities, specifically the amount of on street parking, property maintenance issues, and electrical and life safety concerns for tenants; and
WHEREAS, the City Council believes that there could be a detrimental impact upon the health, safety and welfare of our community were these issues arise again with respect to remodeling, change of occupancy or change of use of single family homes to lodging houses, boarding houses or congregate living facilities and the issuance of rental licenses or the required revised Certificate of Occupancy to convert single family homes to lodging houses, boarding houses, or congregate living facilities when occupied by members of a single family with not more than three outsiders, if any, accommodated in rented rooms; and
WHEREAS, the City Council finds that there have been concerns expressed with respect to the lack of specific provisions within our code dealing with rental licensing of single family homes and the impact in the community, and that our code provisions should be updated accordingly; and
WHEREAS, the City Council has determined it is in the best interests of the City and its residents that a review of all applicable regulations and Municipal Code provisions concerning the remodeling, change of occupancy or change of use of single family homes to lodging houses, boarding houses and congregate living facilities and the issuance of rental licenses or the required revised Certificate of Occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family be undertaken for the purpose of determining what, if any, revisions to such regulations and Codes should be adopted; and
WHEREAS, the City of Aurora has determined that it would not be in the best interests of the City and its residents to issue any permits for remodeling of single family homes to lodging houses, boarding houses or congregate living facilities and the issuance of rental licenses or the required revised Certificate of Occupancy to convert single family homes to lodging houses, boarding houses or congregate living facilities when the occupants do not fit the definition of family during the period that the review of applicable regulations and Municipal Code provisions is being conducted; and
WHEREAS, a municipality may suspend and deny the issuance of licenses and permits when it is actively involved in considering amendments to relevant provisions of its Code, ordinances, rules and regulations.)
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: The above recitals are hereby adopted and incorporated herein as
findings of fact.
Section Two: That the City Council of the City of Aurora hereby declares a
temporary moratorium on the issuances of licenses and permits
for remodeling, change of occupancy or change of use of single
family homes to lodging houses, boarding houses, or congregate
living facilities and the issuance of rental licenses or the required
revised Certificate of Occupancy to convert single family homes to
lodging houses, boarding houses or congregate living facilities
when the occupants do not fit the definition of family, in the City of of Aurora.
Section Three: That the temporary moratorium established in Section two of this
ordinance shall be, and hereby is, established for a period of one
hundred twenty (120) days from the effective date of this
Ordinance, which period which period shall expire on 12:01 a.m. on
________________________, unless, prior to that time, the City
Council of the City of Aurora, in its sole and absolute discretion,
terminates such moratorium by ordinance duly adopted.
Section Four: That this Ordinance shall be in full force and effect, and shall be
controlling, upon its passage and approval.
Section Five: That all ordinances or parts of ordinances thereof in conflict
herewith are hereby repealed to the extent of any such conflict.
Section Six: That any Section or provision of this Ordinance that is construed
to be invalid or void shall not affect the remaining sections or
provisions which shall remain in full force and effect thereafter.
PASSED by the City Council of the City of Aurora, Illinois, on .
AYES NAYES
APPROVED AND SIGNED by the Mayor of the City of Aurora, Illinois, on .
______________________________
Mayor
ATTEST:
____________________________
City Clerk
City of Aurora
Law Department
44 East Downer Place
Aurora, IL 60507
(630) 256-3060