[Ord. No. 1242-21-05, 5-20-2021]
A. 
The purpose of this article is to protect the public health, safety and general welfare of the people in the City in non-owner-occupied dwellings.
B. 
With respect to disputes, except as otherwise specifically provided by this article, it is not the intention of the City Council to intrude upon contractual relationships between occupants and property owner. The City Council does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to be receptive to complaints from occupant or property owner that are not specifically and clearly relevant to the provisions of this article. In the absence of such relevancy with regard to dwelling disputes, it is intended that the parties exercise such legal sanctions as are available to them without the intervention of City government.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this Subsection, except where the context clearly indicates a different meaning:
APPROVED
Complying with all applicable City ordinances and this Code.
BUILDING
A roofed and walled structure built for use as a dwelling.
BUILDING INSPECTOR
Includes any person authorized by him or her.
DUPLEX
A building containing two (2) dwelling units.
DWELLING
A building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels.
DWELLING UNIT
A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one (1) person or family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located.
EXISTING STRUCTURE
A structure existing prior to the date of the adoption of the ordinance from which this article is derived.
FAMILY
Any of the following:
1. 
A person related by blood, marriage or adoption, together with his/her or their domestic servants or gratuitous guests, all maintaining to a common household in a dwelling unit; or
2. 
Groups of any form of foster care authorized by law, of not more than five (5) wards or clients with their guardians, together with their domestic servants or gratuitous guests, all maintaining a common household in a dwelling unit, or a group of not more than five (5) persons, not related by blood, marriage or adoption, maintaining a common household in a dwelling unit, that use shared lavatories and or kitchens.
FLUSH WATER CLOSET
A toilet bowl flushed with water with a water-sealed trap.
GARBAGE
Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
HABITABLE BUILDING
Any building or part thereof that meets minimum standards for use as a home or place of abode by one (1) or more persons.
HABITABLE ROOM
A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements, those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities, pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics.
HEATED WATER
Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.) measured at the faucet outlet.
INSPECTOR
An inspector of the City, including Code Enforcement, Police, Building Inspector, or any other person as authorized by the Director of Public Works.
[Ord. No. 1258-22-11, 12-15-2022]
KITCHEN
A space that contains a sink with counter working space, adequate space, for installing cooking and refrigeration equipment, and adequate space for the storage of cooking utensils.
MULTIPLE-FAMILY DWELLING
A dwelling or portion thereof containing three (3) or more dwelling units.
OCCUPANT
Any person including owner or operator living, sleeping, cooking and eating in dwelling unit.
OPERATOR
The owner or his/her agent who has charge, care, control, or management of a building or part thereof, in which dwelling unit or rooming units are located.
OWNER
Any person, partnership, firm or corporation who, alone, jointly, or severally with others, shall be in actual possession of, or have charge, care or control of, any dwelling or dwelling unit within the City as owner, employee or agent of the owner, or as trustee or guardian of the estate or person of the title holder. Any such person representing the actual owner shall be bound to comply with the provisions of this article to the same extent as the owner.
PERMISSIBLE OCCUPANCY
The maximum number of persons permitted by State law or City ordinance to reside in a dwelling unit or rooming unit.
PLUMBING
All of the supplied facilities and equipment in a dwelling: gas pipes, gas burning equipment, water pipes, steam pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents, and any other similar fixtures and the installation thereof, together with all connections to water, sewer and gas lines.
PREMISES
A platted lot or part thereof or unplatted parcel of land, either occupied or unoccupied by any dwelling or non-dwelling structure, including such building accessory structure or other structure thereon.
PUBLIC HALL
A hall, corridor or passageway for providing egress from the dwelling unit to a public way and not within the exclusive control of one (1) family.
REFUSE
All putrescible and nonputrescible waste solids, including garbage and rubbish.
REPAIR
To restore to a sound and acceptable state of operation, serviceability or appearance.
RODENT HARBORAGE
Any place where rodents can live, nest, or seek shelter.
ROOMING UNIT
Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking and eating purposes.
RUBBISH
Non-putrescible solid wastes consisting of both combustible wastes, such as paper, cardboard, tin cans, grass and shrubbery clippings, wood, glass, brick, plaster, bedding, crockery and similar materials.
SAFETY
The condition of being reasonably free from danger and hazards that may cause accidents or disease.
SUBSTANDARD DWELLING
Any dwelling that does not conform to the minimum standards established by this Code.
SUPPLIED
Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling.
B. 
Meaning Of Certain Terms. Whenever the term "dwelling," "dwelling unit," "premises," or "structure" is used in this article, they shall be construed as though they were followed by the term "or any part thereof."
[Ord. No. 1242-21-05, 5-20-2021]
Every building and its premises used in whole or in part as a dwelling, or as an accessory structure thereof, for a single family or person, and every building used in whole or in part as a dwelling of two (2) or more persons or families living in separate units, shall conform to the requirements of this article, irrespective of when such building may have been constructed, altered, or repaired. This establishes minimum standards for erected dwelling units, accessory structures and related premises.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
No owner or other person shall occupy any dwelling, dwelling unit or rooming unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State and the City, including the following:
1. 
Owners of Dwelling Containing Two (2) Or More Units. Every owner of a dwelling containing two (2) or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof; provided, however, that a tenant may assume that responsibility.
2. 
Occupant Of A Dwelling Or Rooming Unit. Every occupant of a dwelling unit or rooming unit shall maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof that he/she occupies and controls.
3. 
Outside Storage. Outside storage for dwelling units or rooming houses shall be limited to equipment and materials for the care and maintenance of lawns and gardens.
4. 
Sanitary Fixtures And Appliances. Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.
5. 
Minimum Heating And Maintenance. In every dwelling unit or rooming unit where the control of the supplied heat is the responsibility of a person other than the occupant, a temperature of at least sixty-eight degrees Fahrenheit (68° F.) shall be maintained at a distance of three (3) feet above the floor in all habitable rooms, bathrooms and water closet compartments from September through May.
6. 
Minimum Exterior Lighting. The owner of a multiple-family dwelling or dwellings shall be responsible for providing and maintaining effective illumination from dusk till dawn near the entrances of the dwelling.
7. 
Minimum Standards For Basic Equipment And Facilities. No person shall occupy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:
a. 
A kitchen sink in good working condition, connected to an approved water supply, including hot and cold water, and also connected to an approved sewer system.
b. 
Cabinets or shelves, for the storage of eating, drinking and cooking equipment and utensils.
c. 
Adequate space and hookups shall be provided for a stove, or similar device for cooking food and a refrigerator, or similar device.
8. 
Toilet Facilities. Within every individual dwelling unit there shall be a room which affords privacy to anyone within said room and which is supplied with a flush toilet in good working condition, connected to an approved water and sewer system.
9. 
Lavatory Sink. Within every individual dwelling there shall be a lavatory sink; said sink may be in the same room with the flush toilet or if located in another room, the sink shall be placed in close proximity to the door leading directly into the room containing the flush toilet; said lavatory sink shall be connected to an approved water system with both hot and cold water and also connected to an approved sewer system.
10. 
Bathtub Or Shower. Within every individual dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said tub or shower can be in the same room with the flush toilet or in another room, shall be properly connected to an approved water system with hot and cold water and connected to an approved sewer system.
11. 
Egress. Every dwelling unit in a one- or two-story building shall have at least one (1) means of egress to a safe and open space at ground level. Every dwelling unit in a three-story, two-story with occupied attic space, or taller building shall have immediate access to two (2) or more means of egress leading to a safe and open space at ground level.
12. 
Handrails. Structurally sound handrails shall be provided on any steps containing four (4) risers or more. If steps are not enclosed, handrails with vertical posts spaced no greater than four (4) inches apart shall be provided. Porches, decks and balconies located more than thirty (30) inches from ground level or floor below shall have approved handrails thirty-six (36) inches to forty-two (42) inches high. Stairs, balconies and porches exceeding thirty (30) inches from ground level or lower floor, shall have a protective railing thirty-six (36) inches to forty-two (42) inches in height, and if unenclosed vertical posts shall be spaced no greater than four (4) inches apart. Alternate systems providing at least the same degree of protection shall be acceptable.
13. 
Access. Access to or egress from each dwelling unit shall be provided without passing through any other dwelling or dwelling unit.
14. 
Door Locks. No owner shall allow occupancy of any dwelling or dwelling unit unless all exterior doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices.
15. 
Habitable Room Ventilation. Every habitable room shall have a means of affording adequate ventilation, equal to other rooms in the dwelling. Where ventilation is provided by windows alone, the minimum total of operable window areas in every habitable room shall be at least five and seven tenths (5.7) square feet.
16. 
Other Room Ventilation. Every bathroom and water closet compartment and every laundry and utility room shall have adequate ventilation. No window shall be required if said rooms are equipped with a ventilation system providing at least equal ventilation.
17. 
Electric Service, Outlets And Fixtures. Every dwelling unit and all public and common areas shall be supplied with electric service, overcurrent protection devices, electric outlets, and electric fixtures which are property installed, which shall be maintained in safe working condition and shall be energized by an approved source of electric power and in compliance with the applicable ordinances of the City and State. The minimum capacity of said electric service and the minimum number of electric outlets and fixtures shall be as follows:
a. 
Building containing one (1) or more dwelling units of any form shall have at least one-hundred-ampere service or feeder per dwelling unit. Main service to multi-family buildings shall have sufficient capacity to carry the load as computed in accordance with City ordinances.
b. 
Internal wiring and outlets in single-family or multi-family dwellings shall conform to the following:
(1) 
Every dwelling should have adequate duplex outlets.
(2) 
At least one (1) duplex receptacle on a separate twenty-ampere appliance circuit in the kitchen. If there is a kitchen counter, such receptacle shall be accessible to the counter. All counter receptacles in the kitchen shall be ground fault interrupter receptacles or verified by the Building Inspector as protected by a GFCI circuit breaker.
(3) 
At least one (1) duplex receptacle on a separate twenty-ampere circuit for laundry. Multi-family buildings may have a common laundry area with duplex receptacles on separate twenty-ampere circuits that are not overloaded.
(4) 
Every habitable room with one hundred twenty (120) square feet of habitable floor space or less shall be provided with two (2) separate wall-type electric convenience outlets and an additional outlet for each eighty (80) square feet or fraction thereof of habitable floor space. Required outlets shall, insofar as possible, be spaced equal distances apart, but not more than twelve (12) feet apart. One (1) ceiling-type or wall-type light fixture controlled by a remote switch may be supplied in lieu of one (1) required electric convenience outlet in each habitable room. Every public hall, water closet compartment, bathroom, laundry room and furnace room shall contain at least one (1) supplied electric light fixture controlled by at least one (1) switch.
(5) 
The bathrooms in existing and all new construction, whether a completely new dwelling or the renovation of an existing structure, shall have at least one (1) ground fault interrupter receptacle or verified by the Building Inspector as protected by a GFCI circuit breaker. This receptacle may be in a wall light if readily accessible.
(6) 
All hazardous wiring shall be removed. This includes hazardous wiring to and in garages and other accessory building. The Inspector may order hazardous electrical installations removed.
(7) 
Every public hall and stairway in a multiple-family dwelling shall be adequately lighted by natural or electric lights at all times, so as to provide effective illumination in all parts thereof.
(8) 
Alternate methods may be used where the equivalent objectives can be achieved while maintaining effective safety.
18. 
Minimal Thermal Standards. No person shall occupy any dwelling or dwelling unit, for the purpose of living therein, which does not have heating facilities which are properly installed, and which are maintained in a safe condition, and which are capable of adequately heating all habitable rooms in every dwelling unit at a temperature of at least sixty-eight degrees Fahrenheit (68° F.) at a distance of three (3) feet above the floor level and three (3) feet from any exterior wall at an outside temperature of twenty-five degrees Fahrenheit (25° F.). Gas or electric appliances, previously designed for cooking or water heating purposes, shall not be considered as heating facilities under this Section. Portable heating equipment using flame or liquid fuel does not meet the requirements of this Section. No owner or occupant shall operate or use any space heater or wood-burning stove or fireplace that does not comply with all applicable City ordinances.
19. 
Exterior Foundation, Exterior Wall And Roofs. The foundation, exterior walls and exterior roof shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation shall adequately support the building at all points. Every exterior wall shall be free of deterioration holes, breaks, loose or rotting boards or timbers and any other thing that might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness to interior walls. All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay, by paint or other protective coverings or treatment. If the exterior surface of such a wood structure is unpainted or unprotected and is determined by the Inspector to be paint blistered and in need of protection, it shall be painted or protected.
20. 
Windows And Doors. Every window and exterior door shall be substantially tight and shall be kept in sound condition and repair.
21. 
Floors, Interior Walls, Ceilings. Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents, and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of large holes, large cracks and loose plaster and shall be maintained. Paints or materials that remain toxic after being applied and after drying or hardening shall not be used. Every toilet room and bathroom floor surface shall be capable of being easily maintained in a clean and sanitary manner.
22. 
Infestation. Every dwelling and accessory structure, and the premises upon which it is located, shall be adequately protected against rats, mice, termites and other vermin infestation. Building defects that permit the entrance of rats, mice, termites and other vermin shall be corrected immediately by the owner.
23. 
Safe Buildings. Every foundation, roof, floor, exterior wall, interior wall, ceiling, inside and outside stairways, every porch, balcony and every attachment thereto, shall be safe to use and capable of supporting loads that may be anticipated to be placed on them in normal use.
24. 
Facilities To Function. Every supplied facility and every piece of equipment or utility and every chimney and flue shall be installed and shall be maintained so that it works effectively and safely.
25. 
One (1) Family Per Dwelling Unit. Not more than one (1) family, except for temporary guests, shall occupy a dwelling unit.
26. 
Occupancy Of Sleeping Rooms. In every dwelling unit, every room occupied for sleeping purposes shall have a minimum floor area of seventy (70) square feet.
27. 
Smoke Detector. All buildings which fall under this article shall be provided with a minimum of one (1) approved single-station smoke detector in each sleeping area, and any others to be in compliance with the certificate of occupancy inspection. When activated, the smoke detector shall provide an alarm suitable to warn the occupants within the individual room or unit. Further a carbon monoxide detector shall be installed outside of the bedroom, the location and number to be based upon the number of bedrooms.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
The Inspector shall enforce the provisions of this article and is thereby authorized to make inspections on a scheduled basis or when reason exists to believe that violations of this Chapter have been or are being committed.
B. 
If any owner, occupant or other person in charge of a dwelling or a dwelling unit fails or refuses to permit free access and entry to the structure or premises under his/her control for any inspection pursuant to this Chapter, the Inspector may seek an administrative search warrant or other appropriate court order authorizing such inspections.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
Notice. Whenever the Inspector determines that any dwelling, dwelling unit or rooming unit of the premises surrounding any of these fails to meet the requirements set forth in this Chapter, he/she shall issue a notice setting forth the alleged failure and advising the owner, occupant, operator, or agent that such failure must be corrected. This notice shall:
1. 
Be in writing;
2. 
Set forth the alleged violations of this Chapter;
3. 
Describe the dwelling, dwelling unit, or rooming unit or other premises where the violations are alleged to exist or to have been committed;
4. 
Provide a reasonable time, not to exceed sixty (60) days, for the correction of any alleged violations; and
5. 
Be served on the owner and occupant of the dwelling, dwelling unit, or rooming unit personally, or by certified mail, addressed to the last known place of residence of the owner, operator or agent. If upon a diligent effort to locate the owner, occupant, operator or agent, none can be found, notice may be posted on or near the dwelling, dwelling unit, rooming unit, or premises described in the notice.
B. 
Repairs And Corrective Action. Whenever an owner, operator, agent of a dwelling, dwelling unit or rooming unit, neglects or refuses to make repairs or take other corrective action called for by order or notice of violation issued by a compliance official, the City may deem the property to be uninhabitable, subject to certificate of occupancy guidelines. The City may undertake such repairs or actions when, in its judgment, the failure to do so will substantially endanger the public health, safety, or welfare. The cost of such repairs and actions shall be charged to the person required to make such repairs, either directly or as an assessment on their real estate property tax bill.
[Ord. No. 1242-21-05, 5-20-2021]
The owner, operator, or agent of a dwelling, dwelling unit or rooming unit, which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) days or more, shall make it safe and secure so that it is not hazardous to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling, dwelling unit, or rooming unit with open and unguarded doors or windows shall be deemed to be a hazard to the health, safety or welfare of the public and a public nuisance within the meaning of this Section.
[Ord. No. 1242-21-05, 5-20-2021]
All complaints shall be made to the office of the Building Inspector, in writing, on forms provided by that office. A fifty-dollar reinspection fee is required at the time of complaint by the person filing the complaint. If the situation is resolved without an inspector having to review the property, the fifty-dollar fee will be refunded.
[Ord. No. 1242-21-05, 5-20-2021]
Any person aggrieved by any decision of any inspector from the City may appeal the decision to the Police Chief. No formalities shall be required, but a written note or letter shall be provided by the person making the appeal, informing the Police Chief of the action taken by the City employee and the change requested. The Police Chief shall have fourteen (14) days to reply.
[Ord. No. 1242-21-05, 5-20-2021]
Any violation of this article is hereby declared to be a nuisance. In addition to any other relief provided by this article, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article. Such application for relief may include seeking a temporary restraining order, temporary injunction or permanent injunction.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
It shall be unlawful for any person to conduct or operate or cause to be inhabited either as owner, occupant, agent or manager within the City, any non-owner-occupied dwelling units used for human habitation without having first obtained a certificate of occupancy permit as provided in this article. The term "unit" refers to a single or family occupancy, or a sleeping room of a facility, a boardinghouse, or a dwelling of any form. This Chapter shall not apply to hospitals, nursing homes, or other dwelling units used for human habitation which offer or provide medical or nursing services, group or any form of assisted-living arrangement facility, hotels, motels and dormitories, if such units provide proof, by copy to the Building Inspector's office, of passing an inspection that meets or exceeds the City's standards if they are subject to other State or Federal licensing or regulations concerning the safety of the users, patients or occupants.
B. 
The certificate of occupancy permit so issued shall indicate that the condition of the premises and its proposed occupation complies with all of the provisions of this Code as far as can be determined by a visual inspection of the premises and a review of the records.
[Ord. No. 1242-21-05, 5-20-2021]
The owner of each dwelling unit, existing on the effective date of the ordinance from which this article is derived, shall make written application to the Building Inspector for a certificate of occupancy permit to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to ensure compliance with, the provisions of this article and the housing code in its entirety. Every non-owner-occupied property is subject to a dwelling inspection to receive a certificate of occupancy, including, but not limited to, rental properties, lease-to-own contracts, all forms of contract sales (where property ownership is not transferred officially in the County records), caretaker arrangements, and all forms of group or assisted-living arrangements, provided that the relationship between the owner and the occupier of the property is one (1) in which the owner retains control and/or responsibility for maintenance and repairs. The burden of proof shall be upon the property owner to provide proper documentary evidence of transfer of control from the owner in the individual transaction. In addition, the legal owner of record of each dwelling unit, as hereinbefore stated, constructed after the effective date of the ordinance from which this article is derived, shall make written application to the Building Inspector for a certificate of occupancy permit as herein provided and receives satisfactory rating for the property prior to any initial occupancy.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
Upon completion of the inspection of the building, if the Inspector finds the requirements of the City Codes and zoning ordinance have been met, a certificate of occupancy permit certifying such facts shall be issued. If the Inspector finds that the requirements of this Code and/or Chapter pertaining to zoning have not been met, a written denial specifying the defects shall be transmitted to the applicant.
B. 
When a certificate of occupancy permit has been denied, expired, suspended, or revoked, no further occupancy of dwelling units then vacant or which may become vacant shall be permitted until a certificate of occupancy permit has been issued. The units within a structure that are in compliance with the housing code requirements may continue to be occupied if units in other portions of the structure which do not comply, do not create a hazard to the health and safety of the persons in the occupied units.
[Ord. No. 1242-21-05, 5-20-2021]
After the initial inspection, a certificate of occupancy permit shall be renewed every three (3) years if certificate is issued within thirty (30) days of first inspection, or renewed annually until inspections produce a certificate of occupancy within thirty (30) days of an annual inspection. Newly constructed, but not converted facilities, that are non-owner-occupied dwellings will require a first renewal after five (5) years and be subject to standard provisions thereafter. Dates are based on the date of the initial issuance and/or upon a change of ownership.
[Ord. No. 1242-21-05, 5-20-2021]
A certificate of occupancy permit may be suspended upon a finding by the Inspector than one (1) or more of the requirements of the housing code have been violated. The Inspector shall give written notice to the certificate of occupancy permit holder of the violations of the housing code. Upon failure of the certificate of occupancy permit holder to correct the violations as stated in the notice of violation, the certificate of occupancy permit may be revoked in the manner provided by ordinance for the revocation of certificate of occupancy permit. The suspended certificate of occupancy permit may be reinstated upon meeting the requirements of the Code.
[Ord. No. 1242-21-05, 5-20-2021]
Certificate of occupancy permits issued under this Section shall be produced at the request of anyone currently or prospectively residing in a structure, no longer than seven (7) calendar days after the request, and shall be available at reasonable times for inspection by an authorized City Inspector of the building.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
At the time of application for the certificate of occupancy permit or for certificate of occupancy renewal permit required by this article, the City Collector shall collect the appropriate certificate of occupancy permit fee and inspection fee.
B. 
The certificate of occupancy permit fee shall be tendered with the application for first issuance of certificate of occupancy permit and thereafter on the basis of Section 530.230, renewal of permit, or upon a change of ownership. If a certificate of occupancy permit is denied or suspended, the inspection fee is non-refundable.
C. 
The Building Inspector shall promulgate a fee schedule which shall reasonably be related to the actual costs of inspection, recordkeeping and related costs of the program. Such fee schedule shall be submitted to the City Council for approval by resolution. The Building Inspector shall review the fee schedule annually and recommend changes as deemed appropriate to the City Council, with consumer price index (CPI) adjustments to be made every five (5) years if no other adjustments have occurred.
[Ord. No. 1242-21-05, 5-20-2021]
The Building Inspector's office shall report to the City Council annually on the results of the non-owner-occupied property inspection program.
[Ord. No. 1242-21-05, 5-20-2021]
Any person violating any provisions of this Chapter shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues after the time specified for completion has expired. Any owner of an existing dwelling unit subject to these provisions that does not make application and payment for an occupancy permit inspection within one hundred eighty (180) days of the enactment of this article shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues after the time specified for completion has expired. This fee must be paid upon making application for a certificate of occupancy permit.
[Ord. No. 1242-21-05, 5-20-2021]
A. 
When a new tenant comes in to set up utilities, the City will verify there is a certificate of occupancy for that specific unit. If there is not a current certificate of occupancy, then the tenant will be unable to get utilities turned on. The owner, or their representative, will need to complete a certificate of occupancy application and pay the appropriate fee for that unit. Once that is accomplished, then an inspection will be required. After the unit has received a certificate of occupancy, the tenant can have the utilities put into their name.
B. 
Changes. The following requirements shall apply to certificate of occupancy permits:
1. 
No person shall allow any person to occupy for dwelling purposes, any structure without obtaining a certificate of occupancy permit and paying the fee required by this article. Any occupied dwelling units found by an inspector to be without an occupancy permit shall have fourteen (14) days to make application and payment for an inspection. Failure to do so shall be subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues after the time specified for completion has expired. A certificate of occupancy permit must be renewed as provided in this Chapter.
2. 
Applications shall be made to the Building Inspector's office. Each applicant shall name all of the principal officers, or owners. The applicant shall provide the address and apartment number, if any.
3. 
The Inspector shall inspect each unit before a permit is issued.
4. 
If the required certificate of occupancy permit fee has been paid, and the dwelling unit to be covered by the certificate of occupancy permit has been inspected and it does not appear that any violation of this Chapter or of any other applicable State law or City ordinance exists, the Inspector shall issue the certificate of occupancy permit.