No person shall operate a rental unit or rooming unit or let to another for occupancy any dwelling unit in any rental unit except in compliance with the requirements set forth in this section.
(A) Permit required. It is illegal for any owner or operator to rent or offer for rent any rental unit or rooming unit for use in whole or in part for human habitation, unless a written application for a permit has been filed for the rental unit or rooming unit, or a permit has been issued for the rental unit or rooming unit. Each written application for a permit shall contain the address or addresses of the rental unit(s) or rooming unit(s), and the name, address and telephone number of the owner or the owner’s authorized agent. Only one written application for permit is required per dwelling. After a written application for permit has been filed, or after a permit has been issued, the owner or operator shall be authorized to rent or offer for rent the rental unit or rooming unit until a time as the Housing Inspector denies a permit for the rental unit or rooming unit, or the permit is revoked or suspended pursuant to the terms of this section. A permit to operate a rental unit or rooming unit shall not be denied on the ground that other rental units or rooming units located in the same dwelling are not in compliance with this section. The owner of any such rental unit or rooming unit shall register each and every such unit on a bi-annual basis (every two years). Failure to register each unit every two years shall be grounds for suspension of a previously-issued permit and the unit may be deemed an unregistered rental.
(B) Issuance of permit implies conformance with this chapter. The issuance of a rental permit to any rental unit shall signify or imply that the rental unit conforms with the Rental Property Code established in this chapter, the property maintenance requirements Chapter 155A of this code of ordinances as incorporated into this chapter in § 155.13 below, and with the zoning regulations contained in Chapter 159 hereof. No person shall operate a rental unit unless it is in compliance with all of the requirements for rental units as previously set forth in this chapter. However, issuance of a permit or certificate of occupancy shall not be construed as approval of a violation of the provisions of this code, other ordinances of the jurisdiction, or of any state or federal mandates regarding energy, accessibility, or similar provisions. Certificates presuming to give authority to violate or cancel the provisions of this code, other ordinances of the jurisdiction, or any state or federal mandates shall not be valid.
(C) Hearing on denial of permit. Any person whose application for a permit to operate a rental unit has been denied may request and shall be granted a hearing on the matter before the Housing Board of Appeals as established in the International Residential Code.
(D) Hearing on suspension of permit. Any person whose permit to operate a rental unit has been suspended, or who has received notice from the Housing Inspector that the permit is to be suspended unless existing conditions or practices at the rental unit are corrected, may appeal in accordance with the provisions of § 155.18 of this chapter. Upon receipt of notice of permit revocation, the operator shall cease operation of the rental unit and, after the elapse of a reasonable period of time, to be determined by the Housing Inspector, no person shall occupy for sleeping or living purposes any rental unit or rooming unit therein. Any notice of permit suspension or revocation shall be effective only as to noncomplying rental or rooming units, and shall not affect the operation of rental or rooming units in compliance with this chapter, even though other rental or rooming units in the dwelling are not in compliance. The Housing Inspector shall reinspect work completed by or at the direction of the owner or occupant within ten working days after being notified.
(Ord. 2664, passed 12-8-2020) Penalty, see § 155.99