[HISTORY: Adopted by the Town of Dennis 3-18-1978 Special Town Meeting, Art. 16; amended in its entirety 5-4-1993 Annual Town Meeting, Art. 28. Subsequent amendments noted where applicable.]
Any owner and/or agent who shall offer for rent or lease any building or portion thereof to be used for habitation, other than a licensed premise, shall first register with the Health Department, who shall determine the number of persons said building or portion thereof can legally accommodate. Any building or portion thereof regulated by the provisions of the Space and Use Bylaw shall have conspicuously posted on the premises a certificate of registration, supplied by the Dennis Health Department, specifying the number of people assigned to occupy and/or use each dwelling.
A certificate of registration shall be issued at the discretion of the Health Director and in accordance with regulations of the Sanitary Code of Massachusetts and the Town of Dennis Zoning Bylaws, that said building and/or premises are in compliance with said codes. The owner and/or agent shall keep a record of names and addresses of lessees and dates of occupancy, making this information available to the town's regulatory agencies, upon request.
The owner, agent or tenant of rental property may be found in violation of this bylaw if the number of occupants exceeds that specified by the certificate of registration, or exceeds the allowable number determined by the Health Inspector, if no such registration shall be in effect.
There shall be an annual fee set by the Board of Selectmen for each owner to register each habitable dwelling covered under § 113-1. Said registrations and certificates of registration are not transferable. Failure to register and failure to obtain or to post the certificate of registration constitute violations of this bylaw.
The owners of all rental units, as described in § 113-1 above, shall be required to certify annually to the Dennis Health Department that operating smoke detectors have been placed in the rental units. The smoke detectors and locations thereof shall be satisfactory to the Dennis Fire Department.
Any person found in violation of any provision of this bylaw shall be punished by a fine of not more than two hundred dollars ($200.) in accordance with the following schedule of fines, and each day that the violation continues shall constitute a separate offense:
Notice of violation and procedure shall be in accordance with M.G.L.A. C. 40, § 21D (Noncriminal disposition).