(A) (1) No person shall lease, rent or cause to be occupied a rental dwelling or rental unit unless there is a valid certificate of compliance issued by the Building Department in the name of the owner/responsible resident agent and issued for the specific rental dwelling and rental unit. The certificate shall be displayed in a conspicuous place in each rental dwelling and rental unit at all times or in a common area shared by all occupants of a rental dwelling and rental unit. The certificate shall be issued after making application with the Building Department and an inspection is made to dwelling and rental unit complies with the provisions of this code. An inspection must be completed within 30 days of application. An inspection report shall be completed by the inspector after completing the inspection of dwelling and rental unit.
(2) It shall be unlawful for any person to engage in the business of advertising or actively renting or leasing property without first registering and obtaining a valid certificate of occupancy and certificate of compliance from the Building Department for each residential rental property.
(B) Before a certificate of compliance is issued all violations must be corrected and approved. Said violations shall be corrected and compliance obtained within 90 days of application, except in dangerous conditions which must be remedied immediately. (Note: $200 fee should be established in accordance with terms listed in § 150.238(B)).
(1) Failure to comply with inspection and compliance timeline will result in the cancellation of application as well as the issuance of a citation and required court appearance.
(a) Note: $375 reapplication fee/penalty and $400 CofO/CofC fee should be established in accordance with terms listed in § 150.238(B).
(b) Note: Second time failure fee of $500 should be established in accordance with terms listed in § 150.238(B).
(c) Note: Third time failure fee of $750 should be established in accordance with terms listed in § 150.238(B).
(2) Failure to comply with inspection and compliance timeline for a third time will result in the cancellation of application requiring reapplication as well as the issuance of a citation, required court appearance and the potential of 15 days in jail.
(3) Failure to comply with inspection and compliance timeline for a fourth time will result in cancellation of application, issuance of a citation, required court appearance and the potential of 30 days in jail.
(C) A certificate of compliance may be issued to an applicant after the dwelling has been inspected by the city or its designated representatives and the inspection discloses to the satisfaction of the city that:
(1) The interior of the dwelling is free from refuse, garbage, waste, and that the interior walls, ceilings and woodwork are free of major cracks or crevices or have been sealed by the application of paint or other materials which are designed to prevent the accumulation of dust, dirt or residue.
(2) The dwelling shall be equipped with a functioning hot water system capable of delivering water at a temperature of 120°F which system shall be free of leaks and which shall utilize valves which completely stop the passage of water when so operated.
(3) The dwelling shall be equipped with a functioning water closet, lavatory and bathtub or shower, all of which shall present a clean, sanitary appearance, free of permeable cracks, crevices or porous areas.
(4) The dwelling shall be equipped with a sink which shall be located in the room designated as the kitchen, and which shall be connected to a functioning cold water system and a functioning hot water system, as described above. The sink shall drain into a freely-running sewer system. The area surrounding the sink, as well as the sink itself, shall present a non-porous surface for water, and shall be free of cracks and crevices, and shall present a clean, sanitary appearance.
(5) The dwelling shall be equipped with a sanitary sewage disposal system that drains freely at all times into the municipal sewage system.
(6) The dwelling shall be equipped with a heating system that maintains all occupied rooms at a temperature of at least 70°F at a distance of three feet above the floor level under ordinary minimum winter conditions.
(7) The dwelling unit shall have an electrical service consistent with the appropriate regulating codes and ordinances of the city.
(a) Each entrance/exit shall be illuminated by exterior lights controlled by interior wall switches. Each public hallway, stairwell, laundry room, furnace room shall contain at least one supplied ceiling or wall type electric light fixture.
(b) If a kitchen outlet is within six feet of water or any other outlet, the outlet shall be a GFI (Ground Fault Interrupter). There shall also be a GFI outlet in the bathroom not more than 48 inches from the basin. The outlet shall be at least 30 inches and not more than 60 inches above the floor.
(c) Tenants shall have access to their own fuse box (example: fuse box in each unit or in basement that tenant has access to). Service (fuse box) shall be closed, having no live parts exposed.
(d) All electrical outlets and fixtures shall be kept in good and safe working order.
(e) If electrical service does not meet these minimum standards, it shall be brought up to the required standards, consistent with the appropriate regulating codes and ordinances of the city, by a licensed electrical contractor with a city permit.
(8) All floors, steps, porches, and stairways inside and outside of dwelling shall be sound, and free of loose or cracked coverings, holes, depressions or defects which may tend to present a danger to persons.
(9) The outer roof surface of the dwelling shall present an impervious surface to rain water, and shall present no deformations or voids.
(10) The gutters/rain pipes and down spouts shall be properly secured to the house and be free from deterioration (example: rotting or missing pieces).
(11) All interior and exterior windows of the dwelling shall be equipped with panes of glass or approved materials sealed from water and wind. All windows shall be equipped with a storm window and screen, as may be required by the appropriate regulating codes and ordinances of the city. All windows shall be openable from the inside of dwelling. Any window that is designed to be openable shall have storm windows and screens. Window shall not be held up with a prop. Each window shall be capable of being locked or secured from inside the dwelling.
(12) All exterior doors of the dwelling shall be capable of being secured from the inside by a locking device, and shall be openable by actuating a latch or similar device. All doors shall be maintained such that they present a barrier to persons and animals. All entrance and exit doors immediately connected to unit shall have a screen/storm door that is in good working order.
(13) The exterior of the dwelling shall be coated with a material that seals out moisture, and which presents a continuous uninterrupted surface except where there are doors or windows.
(14) The dwelling shall be free of insects and rodents.
(15) The exterior lot shall be free of debris, rubbish, trash, garbage or wastes, abandoned/unused vehicles, and shall bear no evidence of rodent infestation.
(16) Any garage shed or storage structure shall be in good condition, free of deterioration and free of debris and shall have a rat wall measuring at least two feet in depth.
(17) Smoke alarms shall be required in locations and in numbers in the unit as prescribed by the Fire Inspector and any applicable ordinance.
(18) If the inspection discloses any evidence of structural, electrical, mechanical or sanitation conditions that may prove detrimental to the safety and health of the occupants, the city reserves the right to conduct the necessary trade inspections to determine the extent of any violations and the corrective actions required.
(19) The dwelling meets any other requirements as may be provided for in the appropriate regulating codes and ordinances of the city.
(D) A certificate of compliance is valid for a period of three years from its date of issuance or change of occupancy, provided that the rental dwelling and rental units remain in compliance with all applicable codes and ordinances and are not sold or transferred. For a new rental dwelling, a certificate of compliance shall be issued simultaneously with the certificate of occupancy and shall remain valid for three years provided that the rental dwelling and rental units remain in compliance with all the applicable codes and ordinances and are not transferred. When the rental dwelling or rental units are going to be sold or transferred, a new inspection and a new certificate of compliance shall be required. Any new owner shall make application for a certificate of compliance for each new rental dwelling and rental unit within ten days of the date of any change of ownership. The inspection fees will follow the same guidelines as stated in this subchapter. The Building Director may revoke a certificate of compliance for a violation of any code, ordinance or rule regulation of the city and said certificate must be renewed every two years. The initial certificate of compliance shall be applied for in accordance with this subchapter within 90 days of the enactment of this subchapter.
(Ord. 788, passed 11-29-00; Am. Ord. 796, passed 11-4-02; Am. Ord. 810, passed 3-5-07; Am. Ord. 851, passed 2-20-15; Am. Ord. 864, passed 12-20-17)
Penalty, see § 10.99