[HISTORY: Adopted by the Mayor and Council of the City of
Hagerstown 9-25-2018 by Ord. No.
O-18-16.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 64.
Property maintenance habitual offender — See Ch. 65.
Excessive use of City services — See Ch. 95.
Recycling and refuse collection — See Ch. 117.
Land management — See Ch. 140.
Sanitation — Ch. 200.
[1]
Editor’s Note: This ordinance also repealed former Ch.
197, Rental Facilities, adopted 3-18-2014 by Ord. No. O-14-04.
A.
The Mayor and Council recognize that clean, well-built, crime-free
housing and neighborhoods are the foundation upon which healthy communities
are built. This chapter promotes and advances the City's vision
and commitment to housing and neighborhoods throughout the City. The
purpose of this chapter is to protect and promote the public health,
safety and welfare of the citizens of Hagerstown, to establish rights
and obligations of the landlord and the tenant in the rental of dwelling
units, and to encourage the landlord and tenant to maintain and improve
the quality of rental housing within the community.
B.
An additional purpose of this chapter is to assure compliance with
all laws, ordinances and regulations applicable to residential housing
facilities in the City of Hagerstown and to promote and assure safety,
health and habitability in the housing conditions in rental facilities
in the City, to prevent deterioration of rental facilities in the
City, to support property values, and to encourage responsible management
and use of rental facilities through licensing and inspection.
C.
It is also the purpose of this chapter to protect, preserve, and
promote the health, safety and welfare of the citizens of Hagerstown
by the reduction, control and prevention of criminal and nuisance
activities in residential rental housing, through education and the
implementation and enforcement of reasonable lease provisions.
As used in this chapter, the following terms shall have the
meanings indicated:
The certification of landlord or landlord's designated
agent who has satisfied the requirements of this chapter.
As defined in Chapter 95 of the City Code.
The City of Hagerstown, Maryland.
The Planning and Code Administration Division of the Community
and Economic Development Department of the City.
A seminar sponsored by the City to provide information to
landlords and their designated agents regarding the crime-free requirements
of this chapter, the lease provisions required hereunder, tenant application
and criminal background review procedures, and fair housing laws.
An individual expressly designated by a landlord who actively
operates or manages the landlord's rental unit(s) for the landlord.
A tenant of a single-unit rental facility who is related
to an owner of said facility as grandparent, parent, sibling, child,
or grandchild, whether naturally, step or in-law.
The Hagerstown Police Department.
The owner of a residential rental facility or rental unit(s).
Any person, partnership, association, company, corporation
or other entity having a legal or equitable interest in or control
of a rental facility. "Owner" shall also mean any person who, alone,
jointly or severally, shall have the charge, care or control of any
premises as executor, administrator, trustee or guardian of the estate
of the owner. "Owner" shall also mean any person having any interest
in a partnership, association, company, corporation or other entity
which owns or has any ownership interest or control of a premises.
Any person, firm, partnership, association, company, corporation or
other entity whose name appears on the deed or property tax bill for
the premises shall be deemed to be the owner of the premises.
When any owner actually resides on a regular permanent basis
and has his/her sole primary residence in or at a premises which includes
a rental unit.
Any single parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a rental facility
is located.
In relation to § 197-9, Enforcement of crime-free provision, "reasonable steps" are measures instituted and/or supported by the owner to proactively and progressively respond to receipt of a notice of HPD qualifying calls, as defined in Chapter 95, and/or a chronic nuisance designation. Such measures may include but not be limited to written notifications to tenant(s), use of no-trespass letters, legal remedies, and/or additional training for the owner. Reasonable steps include communication and cooperation with HPD.
Any single dwelling unit located in the City which is rented,
leased or let, whether for consideration or not, by the owner of said
premises to one or more tenants for occupancy as a residence. As used
in this chapter, a "rental unit" shall include a rooming unit contained
in a rooming house facility. A "rental unit" shall not include a unit
actually being used for traditional hotel, motel, bed-and-breakfast,
nursing home or hospital purposes.
A rental facility which consists of rental units that are
not equipped with individual bathroom and kitchen facilities but share
common bathroom and kitchen facilities within the rental facility.
A room intended for living and sleeping purposes within a
rooming house facility.
It shall be unlawful for the owner(s) of any rental facility
to enter into a residential lease with a tenant for a rental unit
or permit occupancy of any rental unit by another unless said rental
unit is currently licensed by the City and said license has not been
denied, revoked or suspended.
In addition to the inspection requirements of § 197-6 of this chapter, an applicant for a rental facility license shall provide the following information for each rental facility on the appropriate application form provided by Code Administration:
A.
The address of the rental facility.
B.
The number of rental units contained in the rental facility.
C.
The name, street address and telephone number and e-mail of all owners
of the rental facility.
D.
If the owner of the rental facility is not an individual, the applicant
shall provide the owner's name, street address and telephone
number and the resident agent's name and address.
E.
The name, street address and telephone number of a designated contact
person for the owner(s).
F.
The name and address of the landlord or designated agent who is certified
as a residential operator.
G.
Except for a single-unit rental facility occupied by an exempt tenant,
and except for a newly constructed rental facility during the four-year
period immediately following the issuance of the use and occupancy
permit, payment of a nonrefundable annual license fee of:
H.
Annual written acknowledgment of the landlord or designated agent of his, her, or its obligations and responsibilities pursuant to this Chapter 197 and Chapter 95 of the City Code. So long as not revoked as provided herein, and subject to the requirements of § 197-7B hereof, receipt of the acknowledgment shall establish the certified residential operator status of the landlord or agent.
The applicant shall notify Code Administration when any rental
unit of a licensed rental facility becomes vacant if the applicant
intends to offer the unit for rent and the unit has not been inspected
in the preceding 48 months. Code Administration shall notify the applicant
of required interior inspections of all rooming house facilities and
rooming units.
A.
In connection with the application requirements contained in § 197-4 of this chapter, the rental facility shall be subject to an initial inspection of the exterior and annually thereafter.
(1)
The interior of each rental unit, except for a single-unit rental facility to be occupied by an exempt tenant, shall be inspected at tenant turnover prior to being occupied by a new tenant, but never more frequently than 48 months from the most recent interior inspection conducted pursuant to this section. Interior rental unit inspections shall be conducted within three full business days of receipt by Code Administration of the notice required in § 197-5. Failure of Code Administration to offer the inspection within three full business days or to conduct said inspection when scheduled shall be deemed to be a waiver of the inspection requirement for said rental unit. Code Administration may accept an interior inspection performed by the Hagerstown Housing Authority as part of the tenant-based Section 8 inspection program in lieu of the City-required interior inspection.
(2)
The interior of every rooming unit shall be inspected once every
48 months. A minimum of seven calendar days prior to the scheduled
inspection, the owner is required to give written notice of the scheduled
inspection to all current occupants of the rooming house facility,
and Code Administration is required to post a notice of scheduled
inspections at the rooming house facility.
B.
All inspections conducted hereunder shall be conducted by Code Administration
and shall be performed pursuant to the standards of the property maintenance
code then currently adopted by the City. The applicant shall make
the rental facility and/or each rental unit, as the case may be, available
for inspection by Code Administration on the scheduled inspection
date. Code Administration shall provide reasonable advance notice
of inspection to the applicant, and the applicant shall have the right
to be present at the inspection.
A.
HPD shall sponsor a voluntary crime-free housing seminar for landlords
or their designated agents. The training seminar is approximately
four hours in length.
B.
If an owner, landlord or designated agent has received notice of more than one HPD qualifying call, or one HPD qualifying call which constitutes a felony under Maryland law pursuant to Chapter 95 of the Code, in addition to the application requirements contained in § 197-4 hereof, certified residential operator status and the issuance of the rental facility license is subject to and contingent upon the successful completion of the crime-free housing seminar. If HPD is unable to facilitate the completion of this training requirement, HPD may issue a conditional certification, subject to the landlord or designated agent completing the training requirements within 90 days of the issuance thereof. This training requirement may be satisfied by the completion of a training seminar offered by a third party, so long as said seminar has been reviewed and approved by HPD.
C.
If a certified designated agent is no longer employed by an owner who is subject to § 197-7B or otherwise loses certified status, a new designated agent shall comply with the requirements hereof within 90 days of that event. If HPD is unable to facilitate the completion of this training requirement within the required time, a conditional certification may be issued, subject to the designated agent completing the training requirements within 90 days of issuance of the conditional certification.
A.
Written leases required, Beginning on July 1, 2014, or immediately
upon the termination of a then-current term of tenancy for a particular
unit existing on said date, a landlord or designated agent who offers
a residential rental unit in a rental facility for rent in the City
of Hagerstown may not rent or permit the occupancy of any such unit
without using a written lease or a written lease extension.
B.
Compliance with state law. All such written leases shall comply with
the requirements of Maryland Real Property § 8-208, as from
time to time amended.
C.
Additional required provisions. In addition to the above-referenced
requirements, the landlord or designated agent shall include the following
in all written leases:
(1)
A crime-free housing provision, the purpose of which is to make criminal
activity engaged in, facilitated or permitted by the tenant, or a
member of the household, a guest or other person(s) under control
of the tenant, a violation of the lease. The crime-free lease provision
will be in substantially the following form:
|
"Tenant, or a member of the household, a guest or other person(s)
under control of the tenant:
| |
|
a.
|
Shall not knowingly engage in criminal activity or commit a disturbance as defined in Chapter 95 of the City Code at, on or near the said premises. "Criminal activity" means the commission of any of the acts defined in the Maryland Criminal Law Code Annotated, as from time to time amended.
|
|
b.
|
Shall not knowingly engage in any act intended to facilitate
criminal activity and shall not knowingly permit the premises to be
used for or to facilitate criminal activity, regardless of whether
the individual engaging in the activity is a tenant, or a member of
the household, a guest or other person(s) under control of the tenant.
|
|
c.
|
Violation of the above provisions shall be a material breach
of the lease and good cause for immediate termination of tenancy.
Proof of a violation of the lease hereunder shall not require a criminal
conviction but shall be by a preponderance of the evidence."
|
(2)
A notice that the rental unit may be subject to reasonable inspections
by the landlord; and
It shall be a violation of this chapter for a licensee, landlord or designated agent to knowingly permit a tenant(s), occupant(s), a tenant's guest(s), or any person(s) under a tenant's control to violate the crime-free housing provision of a lease after receiving notice that said location has been deemed a chronic nuisance property pursuant to Chapter 95 of the City Code, without taking reasonable steps to enforce said provision.
Upon receipt of a completed application form and full payment of the appropriate fee, Code Administration shall issue a rental facility license for the subject rental facility within 30 days, unless such license is or has been denied, suspended or revoked pursuant to § 197-12 hereof, or unless there is no current valid certification of the landlord or designated agent as a certified residential operator. Said license shall expire on its anniversary date and shall be renewable annually, with application for said renewal being made at least 60 days prior to the expiration date of the then-current license. A license renewal application shall be on the form provided by Code Administration.
A.
A rental facility license may be denied, revoked or suspended in whole or in part at any time by Code Administration for the rental unit(s) in which a property maintenance code violation exists, if, after receipt of a notice of violation, the owner fails to eliminate violations of the property maintenance code identified during any inspection within the time ordered in the notice. Additionally, a rental facility license may be denied, revoked or suspended at any time by Code Administration if the landlord or designated agent is not a valid certified crime-free housing residential operator. Denial, revocation or suspension of, a rental facility license shall be in addition to, and not in substitution of the penalties provided for in § 197-15 of this chapter.
HPD shall offer a more extensive voluntary program whereby residential
rental properties may be afforded certain designations upon satisfaction
of established criteria by the owner, landlord or designated agent,
in recognition of crime prevention steps taken at the property.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstance is
held to be invalid, such invalidity shall not affect the other provisions
or applications of this chapter which can be given effect without
the invalid provision or application.
Any owner violating the requirements of this chapter shall be
guilty of a municipal infraction and shall be punished by a fine not
exceeding $1,000. Any such violation shall be cited as a prepayable
fine in the amount of $500. Each day a violation exists shall be considered
a separate and distinct violation. In addition, the City may avail
itself of all civil remedies, including a petition for injunctive
relief from a court of competent jurisdiction.
A.
The Mayor and Council recognize that clean, well-built, crime-free
housing and neighborhoods are the foundation upon which healthy communities
are built. This chapter promotes and advances the City's vision
and commitment to housing and neighborhoods throughout the City. The
purpose of this chapter is to protect and promote the public health,
safety and welfare of the citizens of Hagerstown, to establish rights
and obligations of the landlord and the tenant in the rental of dwelling
units, and to encourage the landlord and tenant to maintain and improve
the quality of rental housing within the community.
B.
An additional purpose of this chapter is to assure compliance with
all laws, ordinances and regulations applicable to residential housing
facilities in the City of Hagerstown and to promote and assure safety,
health and habitability in the housing conditions in rental facilities
in the City, to prevent deterioration of rental facilities in the
City, to support property values, and to encourage responsible management
and use of rental facilities through licensing and inspection.
C.
It is also the purpose of this chapter to protect, preserve, and
promote the health, safety and welfare of the citizens of Hagerstown
by the reduction, control and prevention of criminal and nuisance
activities in residential rental housing, through education and the
implementation and enforcement of reasonable lease provisions.
As used in this chapter, the following terms shall have the
meanings indicated:
The certification of landlord or landlord's designated
agent who has satisfied the requirements of this chapter.
As defined in Chapter 95 of the City Code.
The City of Hagerstown, Maryland.
The Code Administration Division of the Planning and Code
Administration Department.
Any official who is charged with the administration and enforcement
of this code, or any duly authorized representative.
A seminar sponsored by the City to provide information to
landlords and their designated agents regarding the crime-free requirements
of this chapter, the lease provisions required hereunder, tenant application
and criminal background review procedures, and fair housing laws.
The Planning and Code Administration Department of the City
of Hagerstown.
An individual expressly designated by a landlord who actively
operates or manages the landlord's rental unit(s) for the landlord.
A structure specifically designed and used for long-term
stay by students of a college, university, or other academic or trade
school for the purpose of providing rooms for sleeping purposes.
A tenant of a single-unit rental facility who is related
to an owner of said facility as grandparent, parent, sibling, child,
or grandchild, whether naturally, step or in-law.
The Hagerstown Police Department.
The owner of a residential rental facility or rental unit(s).
Any person, partnership, association, company, corporation
or other entity having a legal or equitable interest in or control
of a rental facility. "Owner" shall also mean any person who, alone,
jointly or severally, shall have the charge, care or control of any
premises as executor, administrator, trustee or guardian of the estate
of the owner. "Owner" shall also mean any person having any interest
in a partnership, association, company, corporation or other entity
which owns or has any ownership interest or control of a premises.
Any person, firm, partnership, association, company, corporation or
other entity whose name appears on the deed or property tax bill for
the premises shall be deemed to be the owner of the premises.
When any owner actually resides on a regular permanent basis
and has his/her sole primary residence in or at a premises which includes
a rental unit.
Any single parcel or lot of real property in the City, including
the land and all improvements or structures, upon which a rental facility
is located.
In relation to § 197-24, Enforcement of crime-free provision, "reasonable steps" are measures instituted and/or supported by the owner to proactively and progressively respond to receipt of a notice of HPD qualifying calls, as defined in Chapter 95, and/or a chronic nuisance designation. Such measures may include but not be limited to written notifications to tenant(s), use of no-trespass letters, legal remedies, and/or additional training for the owner. Reasonable steps include communication and cooperation with HPD.
Any single dwelling unit located in the City which is rented,
leased or let, whether for consideration or not, by the owner of said
premises to one or more tenants for occupancy as a residence. As used
in this chapter, a "rental unit" shall include a rooming unit contained
in a rooming house facility. A "rental unit" shall not include a unit
actually being used for traditional hotel, motel, bed-and-breakfast,
nursing home or hospital purposes.
A rental facility which consists of rental units that are
not equipped with individual bathroom and kitchen facilities but share
common bathroom and kitchen facilities within the rental facility.
A room intended for living and sleeping purposes within a
rooming house facility.
A limited inspection of occupied units that will focus on
life safety standards defined in a safety inspection standards policy
adopted by the Mayor and City Council.
It shall be unlawful for the owner(s) of any rental facility
to enter into a residential lease with a tenant for a rental unit
or permit occupancy of any rental unit by another unless said rental
unit is currently licensed by the City and said license has not been
denied, revoked or suspended.
In addition to the inspection requirements of § 197-21 of this chapter, an applicant for a rental facility license shall provide the following information for each rental facility on the appropriate application form provided by Code Administration:
A.
The address of the rental facility.
B.
The number of rental units contained in the rental facility.
C.
The name, street address and telephone number and e-mail of all owners
of the rental facility.
D.
If the owner of the rental facility is not an individual, the applicant
shall provide the owner's name, street address and telephone
number and the resident agent's name and address.
E.
The name, street address and telephone number of a designated contact
person for the owner(s).
F.
The name and address of the landlord or designated agent who is certified
as a residential operator.
G.
Except for a single-unit rental facility occupied by an exempt tenant,
except for a newly constructed rental facility and/or except for an
existing rental facility renovated under permit to the Partners in
Economic Progress (PEP) standards during the four-year period immediately
following the issuance of the use and occupancy permit, payment of
a nonrefundable annual license fee of:
H.
Annual written acknowledgment of the landlord or designated agent of his, her, or its obligations and responsibilities pursuant to this Chapter 197 and Chapter 95 of the City Code. So long as not revoked as provided herein, and subject to the requirements of § 197-7B hereof, receipt of the acknowledgment shall establish the certified residential operator status of the landlord or agent.
I.
Transfer of license.
(1)
If an applicant for or the holder of a license transfers ownership
or no longer is an agent for the licensed rental facility, the applicant
or licensee must notify Code Administration within 60 days of the
change. Code Administration may reject an application or suspend or
revoke a license if the applicant or licensee does not notify Code
Administration as required by this subsection.
(2)
Any person or entity who takes over the operation of a licensed rental
facility may transfer the license for the unexpired portion of the
term for which it was issued by applying to Code Administration. Applications
made within 30 days after taking over operation are not subject to
a transfer fee. Applications made 30 to 60 days after transfer shall
require a transfer fee of $25 per license. Transfer notifications
associated with the annual application renewal between May 1 and June
30 are not subject to a transfer fee. Nothing in this section affects
the validity of any sale, transfer, or disposition in any interest
in real estate.
(3)
Failure to notify Code Administration of a transfer within 60 days
requires a new rental application and license fee.
The applicant shall notify Code Administration when any rental
unit of a licensed rental facility becomes vacant if the applicant
intends to offer the unit for rent and the unit has not been inspected
in the preceding 48 months. Code Administration shall notify the applicant
of required interior inspections of all rooming house facilities and
rooming units.
A.
In connection with the application requirements contained in § 197-4 of this chapter, the rental facility shall be subject to an initial inspection of the exterior and annually thereafter.
(1)
The interior of each rental unit, except for a single-unit rental facility to be occupied by an exempt tenant, shall be inspected at tenant turnover prior to being occupied by a new tenant, but never more frequently than 48 months from the most recent interior inspection conducted pursuant to this section. Interior rental unit inspections shall be conducted within three full business days of receipt by Code Administration of the notice required in § 197-5. Failure of Code Administration to offer the inspection within three full business days or to conduct said inspection when scheduled shall be deemed to be a waiver of the inspection requirement for said rental unit. Code Administration may accept an initial interior inspection performed by the Hagerstown Housing Authority as part of the tenant-based Section 8 inspection program in lieu of the City-required interior inspection.
(2)
The interior of every rooming unit and dormitory shall be inspected
once every 48 months. A minimum of seven calendar days prior to the
scheduled inspection, the owner is required to give written notice
of the scheduled inspection to all current occupants of the rooming
house facility, and Code Administration is required to post a notice
of scheduled inspections at the rooming house facility.
(3)
For rental units which have never been inspected, are currently not
occupied by an exempt tenant since adoption of the program and have
had a tenant turnover, an interior inspection shall be required upon
scheduling by the Department. For occupied units, the inspection shall
be pursuant to the safety inspection standards then currently adopted
by the Mayor and City Council. For unoccupied units, inspections shall
be performed pursuant to the standards of the property maintenance
code then currently adopted by the City. Code Administration may accept
an annual interior inspection performed by the Hagerstown Housing
Authority as part of the tenant-based Section 8 inspection program
in lieu of the City-required interior inspection.
(4)
Newly licensed rental facilities shall have all units inspected within
30 days of application.
B.
All inspections conducted hereunder shall be conducted by Code Administration
and shall be performed pursuant to the standards of the property maintenance
code then currently adopted by the City. The applicant shall make
the rental facility and/or each rental unit, as the case may be, available
for inspection by Code Administration on the scheduled inspection
date. Code Administration shall provide reasonable advance notice
of inspection to the applicant, and the applicant shall have the right
to be present at the inspection.
C.
The inspection requirements of this § 197-21 shall not be applicable to a newly constructed rental facility and/or an existing rental facility renovated under permit to the Partners in Economic Progress (PEP) standards for the four-year period immediately following the issuance of the use and occupancy permit for said rental facility.
A.
HPD shall sponsor a voluntary crime-free housing seminar for landlords
or their designated agents. The training seminar is approximately
four hours in length.
B.
If an owner, landlord or designated agent has received notice of more than one HPD qualifying call, or one HPD qualifying call which constitutes a felony under Maryland law pursuant to Chapter 95 of the Code, in addition to the application requirements contained in § 197-19 hereof, certified residential operator status and the issuance of the rental facility license is subject to and contingent upon the successful completion of the crime-free housing seminar. If HPD is unable to facilitate the completion of this training requirement, HPD may issue a conditional certification, subject to the landlord or designated agent completing the training requirements within 90 days of the issuance thereof. This training requirement may be satisfied by the completion of a training seminar offered by a third party, so long as said seminar has been reviewed and approved by HPD.
C.
If a certified designated agent is no longer employed by an owner who is subject to § 197-22B or otherwise loses certified status, a new designated agent shall comply with the requirements hereof within 90 days of that event. If HPD is unable to facilitate the completion of this training requirement within the required time, a conditional certification may be issued, subject to the designated agent completing the training requirements within 90 days of issuance of the conditional certification.
A.
Written leases required. Beginning on July 1, 2014, or immediately
upon the termination of a then-current term of tenancy for a particular
unit existing on said date, a landlord or designated agent who offers
a residential rental unit in a rental facility for rent in the City
of Hagerstown may not rent or permit the occupancy of any such unit
without using a written lease or a written lease extension.
B.
Compliance with state law. All such written leases shall comply with
the requirements of Maryland Real Property § 8-208, as from
time to time amended.
C.
Additional required provisions. In addition to the above-referenced
requirements, the landlord or designated agent shall include the following
in all written leases:
(1)
A crime-free housing provision, the purpose of which is to make criminal
activity engaged in, facilitated or permitted by the tenant, or a
member of the household, a guest or other person(s) under control
of the tenant, a violation of the lease. The crime-free lease provision
will be in substantially the following form:
|
"Tenant, or a member of the household, a guest or other person(s)
under control of the tenant:
| |
|
a.
|
Shall not knowingly engage in criminal activity or commit a disturbance as defined in Chapter 95 of the City Code at, on or near the said premises. "Criminal activity" means the commission of any of the acts defined in the Maryland Criminal Law Code Annotated, as form time to time amended.
|
|
b.
|
Shall not knowingly engage in any act intended to facilitate
criminal activity and shall not knowingly permit the premises to be
used for or to facilitate criminal activity, regardless of whether
the individual engaging in the activity is a tenant, or a member of
the household, a guest or other person(s) under control of the tenant.
|
|
c.
|
Violation of the above provisions shall be a material breach
of the lease and good cause for immediate termination of tenancy.
Proof of a violation of the lease hereunder shall not require a criminal
conviction but shall be by a preponderance of the evidence."
|
(2)
A notice that the rental unit may be subject to reasonable inspections
by the landlord; and
It shall be a violation of this chapter for a licensee, landlord or designated agent to knowingly permit a tenant(s), occupant(s), a tenant's guest(s), or any person(s) under a tenant's control to violate the crime-free housing provision of a lease after receiving notice that said location has been deemed a chronic nuisance property pursuant to Chapter 95 of the City Code, without taking reasonable steps to enforce said provision.
Upon receipt of a completed application form and full payment of the appropriate fee, Code Administration shall issue a rental facility license for the subject rental facility within 30 days, unless such license is or has been denied or revoked pursuant to § 197-27 hereof, or unless there is no current valid certification of the landlord or designated agent as a certified residential operator. Said license shall expire on its anniversary date and shall be renewable annually, with application for said renewal being made at least 60 days prior to the expiration date of the then-current license. A license renewal application shall be on the form provided by Code Administration.
A.
A rental facility license may be denied or revoked in whole or in part at any time by Code Administration for the rental unit(s) in which points accumulated pursuant to Table § 197-27B. Additionally, a rental facility license may be denied or revoked at any time by Code Administration if the landlord or designated agent is not a valid certified crime-free housing residential operator. Denial or revocation of a rental facility license shall be in addition to, and not in substitution of, the penalties provided for in § 197-30 of this chapter.
B.
Points calculated per license during a license year.
|
Table § 197-27B
| ||||
|---|---|---|---|---|
|
1 to 3 units
|
4+ units
| |||
|
Violations (per unit) during license year (Chapter 197 inspections)
|
Safety items
|
1 to 3
|
0
|
0
|
|
4 to 6
|
10
|
10
| ||
|
7 to 9
|
20
|
20
| ||
|
10+
|
30
|
30
| ||
|
Unreported tenant turnovers for required inspection (calculated
over 1 year per structure)
|
1
|
0
| ||
|
2
|
10
| |||
|
3+
|
20
| |||
|
Unreported tenant turnovers for required inspection (calculated
over 1 year per structure)
|
1 to 2
|
0
| ||
|
3 to 4
|
10
| |||
|
5+
|
20
| |||
|
Municipal infraction citations (issued during license year for
structure)
|
1 to 2
|
5
|
5
| |
|
3+
|
10
|
10
| ||
|
Excessive use (fee issued) (issued during license year for structure)
|
1
|
5
|
5
| |
|
2
|
10
|
10
| ||
|
3+
|
20
|
20
| ||
|
Property taxes unpaid for more than 180 days
|
10
|
10
| ||
|
Rental license registration fees liened
|
10
|
10
| ||
|
Point Totals
|
1 to 3 units
|
4+ units
|
|---|---|---|
|
Property in good standing
|
0 to 20
|
0 to 30
|
|
Warning letter on potential revocation of license
|
21 to 44
|
31 to 64
|
|
License is revoked
|
45+
|
65+
|
HPD shall offer a more extensive voluntary program whereby residential
rental properties may be afforded certain designations upon satisfaction
of established criteria by the owner, landlord or designated agent,
in recognition of crime prevention steps taken at the property.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstance is
held to be invalid, such invalidity shall not affect the other provisions
or applications of this chapter which can be given effect without
the invalid provision or application.
A.
Any owner violating the requirements of this chapter shall be guilty
of a municipal infraction and shall be punished by a fine not exceeding
$1,000. Any such violation shall be cited as a prepayable fine in
the amount of $500. Each day a violation exists shall be considered
a separate and distinct violation. In addition, the City may avail
itself of all civil remedies, including a petition for injunctive
relief from a court of competent jurisdiction.
B.
If the Department revokes a rental license under the provisions of § 197-27, the subject rental facility shall be vacated within 60 days of the revocation and remain vacant until such time the violations have been abated and the rental license has been reinstated. City actions to ensure vacancy may include disconnection of City utilities to the affected rental facility.
