§ 150.40 REGISTRATION COMPLIANCE AND ENFORCEMENT.

   (A)   Registration Information. Application for registration shall be made on such forms and in accordance with such instructions as may be provided by the Building Department and shall include:

      (1)   The address of the rental dwelling or rooming dwelling;

      (2)   The total number of dwelling units or room units;

      (3)   The identification of each dwelling unit by letter or number;

      (4)   The name, residence address, business address, business telephone number of the property owner;

      (5)   The name, residence address, business address and business telephone number of a responsible party, if other than the owner;

      (6)   Address where the owner/responsible party will accept notices or orders from the city;

      (7)   The date of registration;

      (8)   Identification of any dwelling unit or rooming units not to be rented;

      (9)   Date of birth of the owner and the responsible party.

   (B)   Registration Fees. Fees for registration required by §§ 150.30 through 150.41 and all administrative fees shall be in accordance with the fee schedule adopted by the City Commission and are not subject to appeal to the Housing Board of Appeals.

   (C)   Inaccurate or Incomplete Registration Information. No responsible party shall provide inaccurate or incomplete information for the registration of rental dwellings and rooming dwellings, or fail to provide information required under § 150.40(A). In those cases in which the responsible party is not a natural person, the information required for the registration shall be provided for the organization owning the rental dwelling or rooming unit and for the president, general manager or other chief executive officer of the organization. Where more than one natural person has an ownership interest, the required information shall be provided for each person.

   (D)   Registration Acknowledgment. The Building Department shall issue a Registration Acknowledgment to the responsible party upon receiving all required registration information.

   (E)   Change in Registration Information. If any change occurs in registration information provided under § 150.40(A), the responsible party shall file an amended registration form with the Building Department within 30 days after the change occurs. A new owner of a registered rental or rooming dwelling shall re-register the dwelling within 30 days of assuming ownership.

   (F)   Certificate of Compliance.

      (1)   The Housing Official shall issue a certificate of compliance for rental dwellings and rooming dwellings when:

         (a)   A proper registration application has been filed; and

         (b)   The responsible party has paid all fees to the administrative agency; and

         (c)   The rental dwelling or rooming dwelling has been inspected by the Housing Official and complies with the provisions of §§ 150.30 through 150.41.

      (2)   The Housing Official may issue a temporary or conditional certificate of compliance for rental dwellings and rooming dwellings when:

         (a)   A proper registration application has been filed; and

         (b)   The responsible party has paid all fees to the administrative agency; and

         (c)   The rental dwelling or rooming dwelling has been inspected by the Housing Official and found to be safe, sanitary, and generally fit for human occupancy even though it may not totally comply with all the provisions of §§ 150.30 through 150.41, and that the temporary occupancy thereof would not pose a threat to the public health, safety, and welfare.

      (3)   The Housing Official may revoke a certificate of compliance, or a temporary or conditional certificate of compliance, when the rental dwelling or rooming dwelling no longer complies with the provisions of §§ 150.30 through 150.41 and/or when the conditions attached to the temporary or conditional certificate of compliance have not been met.

      (4)   No responsible party shall let or rent to any person a vacant dwelling unit unless it has been inspected and granted a certificate of compliance, or a temporary or conditional certificate of compliance, by a duly appointed inspector of the city.

      (5)   No responsible party shall let or rent to any person a vacant dwelling unit unless it is safe, clean and fit for human occupancy, and complies with all of the applicable provisions of §§ 150.30 through 150.41.

      (6)   It shall be unlawful for any person to occupy any rental dwelling unit unless a certificate of compliance, or temporary or conditional certificate of compliance, has been issued with respect to said dwelling unit.

      (7)   It shall be unlawful for any person to occupy any rental dwelling unit if the certificate of compliance, or temporary or conditional certificate of compliance, has been revoked by the Housing Official.

      (8)   A certificate of compliance shall expire two years from the date of its anniversary date. A temporary or conditional certificate of compliance shall expire on the date specified thereon, but in no event more than one year from the date of its issuance.

   (G)   Certificate of Compliance - Mixed Uses. Mixed uses, dwelling and commercial, business or otherwise, must obtain a certificate of compliance for both dwelling use and the other mixed use or uses.

   (H)   Appeals to the Housing Board of Appeals. A responsible party may appeal an Order or Notice issued pursuant to §§ 150.30 through 150.41, except those matters for which §§ 150.30 through 150.41 does not allow an appeal, if such person:

      (1)   Believes that the Order or Notice is an incorrect interpretation of §§ 150.30 through 150.41;

      (2)   Proposed an alternative method equal to or more stringent than the provisions cited in the Order or Notice.

   (I)   Procedure for Filing Appeal. Any person wishing to make an appeal to the Housing Board of Appeals shall file a completed appeal form with the city administration within 14 calendar days from the date of issuance of an Order or Notice on the appellant. If a Notice is not personally served on the appellant, it may be sent to the appellant by regular mail. Failure of the appellant to receive notification when sent to the address stated on the appeal form will not render such notice defective. The city shall notify the appellant and other interested parties including the occupants of the affected dwelling of the time and date of the Housing Board of Appeals hearing pursuant to §§ 150.41(D)(1) and (2).

   (J)   Continuation of Existing Use. The legal use and occupancy of a rental dwelling existing on the date of adoption of §§ 150.30 through 150.41 may be continued without any construction changes, providing that the rental dwelling unit has been registered with the city and has passed an inspection prior to the date of adoption of §§ 150.30 through 150.41.

   (K)   Records to be Maintained. Adequate inspection records indicating the condition of all rental dwelling units shall be kept on file in the Building Department.

   (L)   Release of Records. Release of records generated and maintained by the Building Department shall be regulated pursuant to the Freedom of Information Act, P.A. 442 of 1976, as amended.

   (M)   Complaint Confidentiality. The city shall not release any information regarding the name, address or telephone number of any person who reports a violation of §§ 150.30 through 150.41 except:

      (1)   By consent of the complainant;

      (2)   Pursuant to the Freedom of Information Act, P.A. 442 of 1976, as amended; or

      (3)   By court order.

   (N)   Covenants of Lessor.

      (1)   In every lease of residential premises, the lessor covenants:

         (a)   That the premises and all common areas are fit for the use intended by the parties.

         (b)   To keep the premises in reasonable repair during the term of the lease or license and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants willful or irresponsible conduct or lack of conduct.

      (2)   The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least one year.

   (O)   Enforcement Generally. §§ 150.30 through 150.41 may be enforced jointly and severally by the

Fire Official, the Chief Building Official and the city administration, by and through their agents. An owner or occupant of the premises upon which any violation exists may bring an action to enforce the provisions of §§ 150.30 through 150.41 in his own name. Upon application by the city, or upon motion of the party filing the complaint, the city may be substituted for, or joined with, the complainant in the discretion of the court.

   (P)   Civil Remedies for Violations.

      (1)   If a dwelling is constructed, altered, converted or maintained in violation of any provision of §§ 150.30 through 150.41 or of any order or notice given hereunder, or if a nuisance exists at any dwelling, the city may institute an action in the Circuit Court to prevent such unlawful construction, alteration, conversion or maintenance, or restrain, correct or abate such violation of nuisance, to prevent the occupation of such dwelling or to prevent any illegal act or conduct of any business in or about such dwelling. The procedure for such action shall be the same as for an injunction or abatement of a nuisance under Circuit Court rules, under the statutes made and provided in such cases, or under the common law. The judgment of the Court in such cause may direct the correction, repair or rehabilitation of the dwelling or the abatement and may authorize the city to carry out the provisions of the judgment in case of default by the defendant. Whenever the city has incurred any expense for the enforcement of §§ 150.30 through 150.41 or the judgment of the Court, the city may institute and maintain a suit against the responsible party of the dwelling in respect to which such expense was incurred and may recover the amount of such expense in addition to the costs of the suit. The judgment of the Court may order the vacation of the dwelling until the corrections, rehabilitations or abatements are completed.

      (2)   The city shall have a lien upon the premises for the expenses necessarily incurred in the execution of such judgment, which lien shall have priority over all other liens or encumbrances, except taxes, assessments or mortgages recorded previous to the existence of such lien. Such a lien may be foreclosed as in the case of foreclosure of mortgages in Circuit Court.

   (P)   Delaying or Terminating Prosecution. Nothing in this section shall delay or be cause for terminating the criminal prosecution of a responsible party for violation of §§ 150.30 through 150.41.

(Ord. 7.3, passed 2-4-97) Penalty, see § 150.99(C)