(a)
Registration. The owner or operator of every building containing
more than one rooming unit, such as a rooming house, boardinghouse,
hotel, motel, and every multiple dwelling, shall register with the
Housing Code Department in accordance with the Landlord Registration
Ordinance contained within this Code.[1]
(b)
Permit required. No person, including the owner, shall operate a
multiple dwelling, rooming house, boardinghouse, motel, or hotel unless
he holds a valid, current, unrevoked permit issued in accordance with
this Code by the Housing Code Enforcement Officer. The permit shall
specify the dwelling or dwelling units permitted.
(c)
Permit issuance. An owner or operator shall apply for a permit under Section 6-24(b) from the Housing Code Enforcement Officer in writing on an application form provided by the said officer. Said permit shall be issued upon the applicant demonstrating to the Code Enforcement Officer compliance with the provisions of Divisions 3 and 4 hereof or (b) upon the applicant submitting a certification pursuant to Section 6-29 of this division. A conditional permit may be issued by the Housing Code Enforcement Officer despite strict compliance with the provisions of Division 2 where the applicant provides adequate evidence that he will take reasonable, continuous measures to bring the multiple dwelling into compliance upon a schedule approved by the Housing Code Enforcement Officer. Such schedule and measures shall be conditions to the permit, and the failure to comply with any condition therein shall be grounds for the Code Enforcement Officer to suspend or revoke a permit. The applicant for said permit shall specify that prior to the issuance or renewal thereof, the multiple dwelling to be licensed may be inspected to determine whether it is in compliance with the provisions of this Code and the statutes of the state and the Town.
(d)
Display of permit. Upon issuance, the permit must be displayed in
a conspicuous place within the building at all times.
(e)
Transferability, etc. Permits shall be transferable. Every person
transferring a permit shall give notice in writing to the Housing
Code Enforcement Officer within 14 days after having sold, transferred,
given away, or otherwise disposed of ownership of, interest in, or
control of any building stated in this section, or shall remain liable
as an operator.
(f)
Expiration. Except as provided in Section 6-29, a permit shall be valid for a term of two years following its date of issuance, unless sooner suspended or revoked as herein provided.
(g)
Multiple dwelling inventory. The Code Enforcement Officer shall compile
and maintain, or cause to be compiled and maintained, an inventory
list of all multiple dwellings, rooming houses and boardinghouses
within the Town and maintain the same by property address and the
last known owner or operator. The Code Enforcement Officer shall interact
with the Tax Collector in order to consolidate the billing and collection
of permit fees, and to the extent it is feasible, to coordinate billing
with the Tax Collector to minimize the Town's postage, printing
and mailing expenses, taking into account staff and overhead. The
Code Enforcement Officer may create lists of multiple dwellings, rooming
houses and boardinghouses that contain critical issues.
(h)
Interaction with experts and Town staff. The Code Enforcement Officer
shall interact with Town staff, including the Building Officials,
the Town Engineer, the Fire Marshals, the Fire Chiefs, and such other
persons employed by the Town who have a particular expertise relating
to the enforcement of this article, and may request reviews and assistance
from said staff. The Code Enforcement Officer may also seek assistance
and review from state officials and employees, and may, within budgeted
amounts and with the approval of the Town Manager, engage outside
experts when necessary.
(i)
Budgeting. The Code Enforcement Officer shall provide to the Town
Manager, as part of the annual budget review, a report on income received
from fees and inspections and an estimate of annual expenses. The
expenses for budgeting shall include estimates for the hiring of experts,
staff, overhead, a recalcitrance rate, and the cost of municipal action,
such as boarding of windows and disconnecting untilities, that may
be done in the interest of the public health, safety and welfare.
(a)
(Reserved)
(b)
Permit and inspection fees may be established by the Town Council
by resolution, and may be charged per unit. Fees may be divided over
the permit period and billed annually. Fees shall be reasonably based
upon the actual and projected costs to the Town for administering
the program, inspecting, inventorying, carrying reserves for boarding
and taking emergency and reasonable safety measures, responding to
tenant and landlord disputes and such other costs as are reasonably
related to the carrying out of this article and coordinating with
other municipal agents.
(c)
No fee shall be charged for one owner-occupied unit in an owner-occupied
two-family dwelling. The Town Council may establish a separate fee,
or none at all, for any multiple dwelling owned by the Town, the State
of Connecticut, or an entity created by legislative act of the Town.
(d)
Upon the effective date of this article, any permit fee paid prior
to said effective date by an owner of a multiple dwelling that consists
of no more than two units shall be credited against any fee assessed
against said owner under this article; assessments on or before the
effective date of this article for permit fees against an owner of
a multiple dwelling that consists of no more than two units, are hereby
abated.
(a)
Whenever, upon inspection of any building under Section 6-23, the Housing Code Enforcement Officer finds that conditions or practices exist which are in violation of any provision of this article, the Housing Code Enforcement Officer shall give notice in writing to the operator of such building, rooming unit or dwelling unit that, unless such conditions or practices are corrected within a reasonable period, to be determined by the Housing Code Enforcement Officer, the permit will be suspended.
(b)
At the end of such period, the Housing Code Enforcement Officer shall
reinspect such building, dwelling unit or rooming unit.
(1)
If he finds such conditions or practices have not been corrected
in a building such that the health and safety of a substantial portion
of the occupants is endangered, he shall give a notice in writing
to the operator that the latter's permit has been suspended.
Upon receipt of notice of suspension, such operator shall immediately
cease operation of such building, and no person shall occupy for sleeping
or living purposes any unit therein.
(2)
If he finds such conditions or practices have not been corrected
in a rooming unit or a dwelling unit, and Section 6-27(b)(1) does
not apply, he shall give a notice in writing to the operator that
the latter's permit has been suspended. Upon receipt of notice
of suspension, such operator shall immediately cease operation of
such unit, and no person shall occupy for sleeping or living purposes
such unit.
(c)
If repairs are not made within the designated time limit, a fine
may be retroactively applied to the date that the residential rental
property owner or his/her agent received the completed licensing inspection
form identifying the existing defect(s) up to a period of 30 days.
(d)
If the Housing Code Enforcement Officer detects at least one defect during the residential rental property inspection, he/she will arrange to reinspect the property until it fully complies with required housing standards. The operator or owner will not be charged a fee for the first reinspection, but will be charged a fee for each subsequent reinspection in amounts established by the Town Council. An operator or owner will be charged a per-unit fee if he/she or his/her agent fails to appear for the first scheduled residential rental property inspection without just cause as determined by the Housing Code Enforcement Officer. Failure to attend subsequently scheduled inspections may result in penalties as set forth in Section 1-7 herein.
Any person whose permit to operate under Section 6-24 has been suspended, or who has received notice from the Housing Code Enforcement Officer that his permit is to be suspended unless existing conditions or practices at his building are corrected, may request in writing and shall be granted a hearing on the matter before the Code Enforcement Committee under the procedure provided in Section 6-31, provided that if no petition for such hearing is filed within 20 days following the day on which a permit was suspended, such permit be deemed to have been automatically revoked.
(a)
As used in this section "licensed professional" means a person who
is qualified by reason of his knowledge of building, fire and housing
code requirements and standards, and is licensed by the State of Connecticut
in the field of professional engineering or the field of professional
architecture, or is certified as a State of Connecticut Building Official
or Fire Marshal.
(b)
A licensed professional who performs any services pursuant to this
section shall act with reasonable care and diligence and shall apply
the knowledge and skill ordinarily required of a professional in good
standing practicing in that field at the time the services are performed.
(c)
An owner or operator may engage a licensed professional to examine
any dwelling, dwelling unit, multiple dwelling unit, rooming house,
motel or boardinghouse to assess its compliance with this article.
(d)
The licensed professional may certify in writing that, based upon
his professional opinion and upon his examination of the premises,
the premises are in full compliance with the provisions of this Code.
He shall submit the certification to the Code Enforcement Officer,
along with a technical report of his doings which will include, but
not be limited to, the date(s) that he inspected the premises, the
identity of each dwelling unit or rooming unit, a checklist of conditions
which comply with this Code, and such other items as the Code Enforcement
Officer may provide for from time to time.
(e)
In the event that the licensed professional is unable to provide the certification in Subsection (d) of this section, the licensed professional may submit to the Code Enforcement Officer a certification, under oath, of his findings of compliance and noncompliance, together with a plan for complying with this article. The plan shall set out a reasonable schedule for completion of the work, priorities, a cost estimate for the work, and identify any matters which, in the professional opinion of the licensed professional, involve an emergency or a substantial threat to human health, safety and welfare. The owner or operator shall certify, simultaneously, that he can carry out the plan to completion and has the financial resources to do so. The Code Enforcement Officer may require satisfactory evidence of the owner or operator's financial resources.
(f)
The Code Enforcement Officer may approve the plan submitted under Subsection (e), or may request further information or investigations. In the event the Code Enforcement Officer requests further information or investigation, it shall be completed within the time period the Code Enforcement Officer establishes, but in no event later than 60 days after he requests.
(g)
The Code Enforcement Officer shall review any certification submitted under this subsection for thoroughness, and may disapprove any certification, in whole or in part, and in so doing, shall set forth his reasons in writing. In the event of a disapproval, the owner or applicant may appeal to the Code Enforcement Committee as set forth in Section 6-31.
(h)
The Code Enforcement Officer may approve any certification, and upon such approval shall issue a permit under Section 6-24. If the certification approved was submitted pursuant to Subsection (d), the permit shall be issued for a period of four years. If the certification is one submitted pursuant to Subsection (e), the permit shall be a conditional permit for three years.
(i)
Nothing in this subsection shall be construed to limit the authority
of the Code Enforcement Officer.
(j)
The fee for review of any certification provided herein and any supplemental
review shall be established by the Town Council from time to time.
(k)
Any plan approved by the Code Enforcement Officer shall be construed
to be and enforced as conditions to the permit, and the failure to
comply with any condition therein shall be grounds for the Code Enforcement
Officer to suspend or revoke a permit.
There is hereby created a Housing Code Enforcement Committee
which shall consist of the Fire Chief of the Willimantic Service District,
the Town Engineer, the Director of Human Services, and two members
of the public, who are either residents of or own property in Windham,
to be appointed by the Mayor and confirmed by the Town Council for
a term of two years. The Committee shall be responsible for coordinating
the code enforcement program of the Town with particular reference
to the redevelopment and general planning objectives established by
the Planning and Zoning Commission. Any member of the Committee may
designate another member of his department or committee to represent
him at meetings of the Code Enforcement Committee. The Housing Code
Enforcement Committee may establish a regular schedule of meetings,
or meet according to need.
(a)
Service of notice.
(1)
Whenever the enforcement official determines that there are reasonable
grounds to believe that there has been a violation of any provision
of this article, he shall give notice of such alleged violation to
the person or persons responsible therefor, as provided in this article.
Such notice shall:
a.
Be in writing;
b.
Include a statement of the reason why it is being issued;
c.
Allow a reasonable time for the performance of any act it requires;
d.
Be served upon the owner or his agent, or the occupant, as the case
may require, provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally or if a copy thereof is sent
by certified mail to his last known address; or if a copy thereof
is posted in a conspicuous place in or about the dwelling affected
by the notice; or if he is served with such notice by any other method
authorized or required under the laws of Connecticut.
e.
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this article and with rules and
regulations adopted pursuant thereto.
(2)
Unless the notice is appealed pursuant to this article, the notice
shall be final.
(b)
Petition for hearing; fee. Any person aggrieved by any notice which has been issued in connection with the enforcement of any provisions of this article may, within the time specified for performance of the action requested in the notice issued to such person, or 10 days, whichever is greater, but in no event more than 20 days after such notice is served, request and, upon the payment of a fee payable to the Clerk of the Town and established by the fee schedule adopted by the Town Council, shall be granted a hearing on the matter before the Code Enforcement Committee created in Section 6-30, provided that such person shall file in the office of the enforcement official issuing such notice a written petition requesting such hearing and setting forth a brief statement of the grounds thereof within 20 days after the day the notice was served. Upon receipt of such petition, the enforcement official shall refer such petition to the Code Enforcement Committee, shall set a time and place for such hearing and shall give the petitioner a five-day written notice thereof. The appeal shall not stay any orders which the enforcement official or the licensed professional has deemed to be an emergency or a substantial threat to the public health, safety and welfare.
(1)
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified, extended or
withdrawn or a variance granted.
(2)
The hearing shall be commenced not later than 60 days after the day
on which the petition was filed, provided that upon application of
the petitioner, the Committee may postpone the date of the hearing
for a reasonable time beyond such sixty-day period if, in its judgment,
the petitioner has submitted a good and sufficient reason for such
postponement, but in no event shall the hearing be postponed longer
than 60 days.
(c)
Action of panel; variances. Such hearing shall be had before a panel
of three or more members of the Code Enforcement Committee. The panel,
by a majority vote of those present, may sustain, modify or withdraw
the notice; it may also grant an extension or variance in accordance
with the following conditions:
(1)
The time for performance of any act required by the notice may be
extended for not more than 18 months subject to appropriate conditions
and where the Committee makes specific findings of facts based on
evidence relating to the particular case:
(2)
A variance may be granted in a specific case and from a specific
provision of this article subject to appropriate conditions and where
the Committee makes specific findings of fact based on evidence relating
to the particular case:
a.
That there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the provision;
b.
That the effect of the application of the provisions would be arbitrary
in the specific case;
c.
That an extension would not constitute an appropriate remedy for
these practical difficulties or unnecessary hardships and this arbitrary
effect; and
d.
That such variance is in harmony with the general purpose and intent
of this article in securing the public health, safety and general
welfare.
(d)
Service of order. If the notice is sustained, modified or extended, it shall become an order as so sustained, modified, or extended. If the notice is withdrawn, the ten-dollar fee shall be returned to the petitioner. Any notice served pursuant to Subsection (a) of this section shall automatically be enforceable until and become a final order if a written petition for a hearing is not filed in the office of the Secretary of the Code Enforcement Committee within the time specified in Subsection (b) of this section. Said decision shall be final.
(e)
Revocation or suspension of permit. After a hearing in the case of any notice suspending any permit required by this article, when such notice has been sustained by the Committee, the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be finally revoked if a petition for hearing is not filed with the Secretary of the Code Enforcement Committee as set forth in Subsection (b) of this section.
(f)
Record of proceedings. The proceedings at such hearings, including
the findings and decision of the Code Enforcement Committee, shall
be summarized, reduced to writing, and entered as a matter of public
record in the office of the Town Clerk and open to reasonable public
inspection. Such record shall also include a copy of every notice
or order issued in connection with the matter.
(g)
Any defect in notice shall not be grounds for appeal or abatement
where there is constructive or actual notice.
