[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
The general purpose of this Article of the Municipal Code is to protect
the public health, safety, comfort, morals and the general welfare
of the people of the Town who are residing in rental properties. These
general objectives include, among others, the following specific purposes:
1.
To protect the character and stability of residential areas
within the Town.
2.
To provide minimum standards for cooking, heating and sanitary
equipment necessary to the health and safety of occupants of rental
dwellings.
3.
To provide facilities for light and ventilation, necessary to
health and safety.
4.
To prevent additions or alterations to existing rental dwellings
that would be injurious to the life, health, safety or general welfare
of the occupants of such dwellings or neighboring properties.
5.
To prevent the overcrowding of rental dwellings by providing
minimum space standards per occupant of each dwelling unit.
6.
To provide minimum standards for the maintenance of existing
residential rental dwellings and to prohibit the spread of slums and
blight.
7.
To preserve the taxable value of land and buildings throughout
the Town.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
This Article establishes minimum standards for rental dwelling units
and accessory buildings and does not replace or modify standards otherwise
established for the construction, replacement or repair of rental
dwellings except such as are in conflict with the provisions of this
Article.
B.
Any inconsistency or conflict between the provisions of this Article
or any existing ordinance shall not repeal such provision or ordinance;
but the provisions of this Article shall be cumulative thereto.
[Ord. No. 2018-1260 § 1, 10-16-2017]
Every building or its premises used in whole or in part as a
rental home or rental residence or as an accessory structure thereof
of a single-family or person, and every building used in whole or
in part as a home or residence of two (2) or more persons or families
living in separate apartments or living quarters, (collectively all
of these types of dwellings are called "rentals" or a "rental" in
this Article) shall conform to the requirements of the International
Property Maintenance Code, as adopted and amended by the Town, irrespective
of the class to which such buildings may otherwise belong, and irrespective
of when such buildings may have been constructed, altered or repaired.
The term "rentals" shall include dwellings that are rented for occupancy,
dwellings that are rented with an option to purchase, and dwellings
being occupied under rent-to-own arrangements.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
The Mayor or his/her designate is authorized and directed to make
inspections to determine whether Rentals, accessory structures and
premises located within the Town conform to the requirements of this
Chapter. For the purpose of making such inspections, the Mayor or
his/her designate is authorized to enter, examine and survey at all
reasonable times all Rentals, accessory structures and premises. The
owner or occupant of all Rentals and its premises shall give the Mayor
or his/her designate free access thereto at all reasonable times for
the purpose of such inspection, examination and survey.
B.
After the initial inspection, a Rental shall only be required to
be inspected the last to occur of every twenty-four (24) months or
until a change in occupancy occurs, except that an inspection may
be made at any time upon receipt by the Town of a complaint that the
Rental is not in compliance with this Article.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
It shall be unlawful for any person to occupy or for any owner or
agent thereof to permit the occupation of any Rental, or addition
thereto, or part thereof, for any purpose until a certificate of occupancy
has been issued by the Mayor or his/her designate. Every owner, agent
or manager of any Rental, or addition thereto, shall inform the Mayor
or his/her designate whenever any portion of such Rental therein becomes
vacant and request an inspection thereof under the provisions of this
Article, except that no inspection will be required if the Rental
has been inspected within twenty-four (24) months of the date of the
request. The certificate of occupancy so issued shall state that the
occupancy complies with all the provisions of this Article. This Article
shall not apply to any occupancy in existence on March 1, 2018, until
a vacancy in the rental unit occurs. If a rental unit is occupied
before a certificate of occupancy is issued, an inspection fee in
double the amount established by ordinance will be required. If a
landlord allows more than one (1) violation of permitting occupancy
prior to issues of an occupancy certificate within a one-year period,
then a summons to appear in municipal court will be issued.
B.
The occupancy certificate will be issued for each Rental or portion
thereof, occupied. It shall be unlawful for any person to knowingly
make any false statement in his application for an occupancy certificate
as to the names, ages, relationship or number of occupants who will
occupy the premises.
C.
Effective March 1, 2018, the Code Enforcement Officer shall keep
a registry of all rental properties in the Town of Carrollton, and
each property owner who owns rental property as described in this
Article shall provide to the Code Enforcement Officer the property
owner's name and mailing address, and the address for each rental
property owned by the property owner.
[Ord. No. 2018-1260 § 1, 10-16-2017]
If the inspected Rental meets Town standards, a certificate
of occupancy will be issued. The certificate of occupancy shall be
valid as long as the unit is occupied by the current tenant. The tenant
must bring the certificate of occupancy to sign up for utilities.
Two (2) copies of the inspection list are to be left at the site by
the inspector. Utilities will not be transferred into the tenant's
name unless the certificate of occupancy accompanies the request.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
A fee in the amount established by ordinance shall be paid to the
Town and shall accompany each request for inspection of a Rental,
provided that a separate fee shall be paid for each apartment of a
multiple dwelling building to be inspected.
B.
Except as otherwise provided, a fee in the amount established by ordinance for each inspection shall be paid to the Town and shall accompany each request for inspection of a dwelling unit in a multifamily dwelling. A penalty fee in the amount established by ordinance will be charged for each rescheduled inspection if an appointment is scheduled and the inspector is unable to get into the unit as scheduled by the applicant. This fee will be charged even if it is the second or third inspection of the year, which doesn't require the payment. (See Section 515.050 for the fee if the property is occupied before the certificate of occupancy is issued.)
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
Whenever the Mayor or his/her designate 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 responsible therefor which shall:
1.
Be in writing.
2.
Contain a statement of the reason why it is being issued.
3.
Allow a reasonable time for the performance of any act it requires
(thirty (30) days maximum).
4.
Contain an outline of remedial action which, if taken, will
effect compliance with the provisions of this Article.
5.
Be served upon the owner or his agent, or the occupant, as the
case may require. Such notice shall be deemed to be properly served
upon such owner or agent, or on any such occupant, if a copy thereof
is:
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
The following may be designated as dwellings or dwelling units unfit
for human habitation:
1.
One which is so damaged, decayed, dilapidated, unsanitary, unsafe
or vermin infested that it creates a serious hazard to the health
or safety of the occupants or the public;
2.
One which lacks illumination, ventilation or sanitation facilities
adequate to protect the health or safety of the occupants or of the
public;
3.
One which, because of its general condition or location, is
unsanitary or otherwise dangerous to the health or safety of the occupants
or of the public; or
4.
One which does not substantially conform to this Article.
[Ord. No. 2018-1260 § 1, 10-16-2017]
Any Rental unit which shall be found to have any of the defects
set out in this Article shall be declared unfit for human habitation
and shall be so designated and placarded by the Mayor or his/her designate
when the person responsible has failed to correct the condition set
forth in a notice issued.
[Ord. No. 2018-1260 § 1, 10-16-2017]
No person shall deface or remove the placard from any dwelling
or dwelling unit which has been condemned as unfit for human habitation
and placarded as such, except as may be provided.
[Ord. No. 2018-1260 § 1, 10-16-2017]
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Board of Adjustment under the procedure set forth in Article XIX of Chapter 405 of this Code.[1]
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
Any Rental unit condemned as unfit for human habitation, and so designated
and placarded by the Mayor or his/her designate, shall be vacated
within a reasonable time as ordered by the Mayor or his/her designate.
B.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from, and such placard is removed
by, the Mayor or his/her designate. The Mayor or his/her designate
shall remove such placard whenever the defects upon which the condemnation
and placarding action were based have been eliminated.
[Ord. No. 2018-1260 § 1, 10-16-2017]
If a Rental or part thereof is vacant or unfit for human habitation,
occupancy, or use and is not in danger of structural collapse, the
Mayor or his/her designate may post a placard of condemnation on the
premises and may order the structure closed up with plywood so as
to prevent that structure from becoming a public nuisance. Upon failure
of the owner to close up the condemned structure within the time specified
in the order, the Mayor or his/her designate shall cause those premises
to be closed up with plywood through any available public agency or
by contract or arrangement by private persons, and the cost thereof
shall be charged against the real estate upon which the condemned
structure is located and shall thereafter become a lien upon that
real estate. In addition, any structure which is ordered to be closed
up shall have at least one (1) no-trespassing sign posted in a prominent
place on each of its outside walls. All closing up with plywood shall
be done in accordance with regulations for such work kept on file
in the office of the Mayor or his/her designate.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
The owner of any Rental shall have thirty (30) days from the issuance
of the notice to remedy the condition therein specified; provided,
however, that the Mayor or his/her designate may, at his discretion,
extend the time for compliance with any such notice; and provided
further, that no owner shall be held responsible for any condition
that is not specifically described in such notice.
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
It shall be unlawful for the owner of any Rental unit upon whom a
notice of violation or compliance order has been served to sell, transfer,
mortgage, lease or otherwise dispose of the Rental to another until
the provisions of the notice of violation or compliance order have
been complied with, or until such owner shall first furnish to the
grantee, lessee or mortgagee a true copy of any notice of violation
or compliance order issued by the Mayor or his/her designate. A transferee,
lessee, or mortgagee who has received actual or constructive notice
of the existence of a notice of violation or compliance order shall
be bound by such notice as of the date of the transfer without further
service or notice upon him.
B.
The owner to whom a Rental unit has been transferred may consent
to make repairs which have been required by a notice of violation
from the Mayor or his/her designate, by signing an agreement with
the Town agreeing to make the repairs required by the violation notice
on or before a date as determined by the Mayor or his/her designate.
Upon receipt of such agreement, the Mayor or his/her designate may
issue an occupancy permit to be held by the Town until such time as
the repairs are completed by the new owner of the Rental dwelling
unit. The form of this agreement shall contain the following:
[Ord. No. 2018-1260 § 1, 10-16-2017]
A.
Any violation of this Article is punishable by a fine, combined with
court costs, for violations committed within a twelve-month period
beginning with the first violation: two hundred dollars ($200.00)
for the first violation, two hundred seventy-five dollars ($275.00)
for the second violation, three hundred fifty dollars ($350.00) for
the third violation and four hundred fifty dollars ($450.00) for the
fourth and any subsequent violations.
B.
Every day that a violation continues after the expiration of the
reasonable period of time for the completion of the work specified
by the Mayor or his/her designee shall be deemed a separate offense;
and provided that every day that a violation continues in violation
of an order shall be deemed a separate offense. The Town is not required
to prove criminal intent as a part of its case. It is enough to prove
that the defendant either did the act which was prohibited or failed
to do an act which the defendant was legally required to do.
[Ord. No. 2018-1260 § 1, 10-16-2017]
The portions of this Article shall be severable. In the event
that any portion of this Article is found by a court of competent
jurisdiction to be invalid, the remaining portions of this Article
are valid, unless the court finds the valid portions of this Article
are so essential and inseparably connected with and dependent upon
the void portion that it cannot be presumed that the Town Council
would have enacted the valid portions without the invalid one, or
unless the court finds that the valid portions standing alone are
incomplete and are incapable of being executed in accordance with
the legislative intent.
[Ord. No. 2018-1261 § 1, 2-5-2018]
The Council authorizes rental inspection fees of twenty-five
dollars ($25.00) per inspection effective March 1, 2018. In the event
that a reinspection is required because a rental failed the initial
inspection and the repairs or other required improvements were not
made within the time allowed after the initial inspection, then the
fee for the reinspection shall be thirty-five dollars ($35.00) per
reinspection.
