(A) Upon inspection, the discovery of any violations and/or deviations of any applicable technical code, State Building Code or any ordinance of the town, that do not involve habitability nor safety, the building inspector shall issue a notice of violation which shall provide the owner a specific period of time no to exceed 30 calendar days to correct the same; however, such shall not constitute grounds to refuse nor withhold, a certificate of use and occupancy for such unit. However, in any proceeding to enforce this chapter, any technical code adopted by the town, or the building code of the town and any notice of violation where the owner has failed or refused to correct same and comply such violations may be used to remove any certificate of use or occupancy issued for any unit.
(B) Upon inspection, the discovery of violations and/or deviations of any applicable technical code adopted by the town, State Building Code or any ordinance of the town, such that habitability is or may be affected but such do not pose an imminent hazard, the building inspector shall issue a notice of violation which shall require the owner a specific period of time, not to exceed 30 calendar days, to correct all such violations and/or deviations and the building inspector shall issue a conditional certificate of use and occupancy to the owner. In the event that the owner fails or refuses to correct all violations and/or deviations within the specified time period, such conditional certificate of use and occupancy shall be immediately revoked and the building inspector shall issue an order to vacate. From and after the revocation of the conditional certificate of use and occupancy and the order to vacate continued human habitation of the rental unit shall be prohibited. Each day thereafter wherein human habitation occurs shall constitute a separate violation.
(C) The building inspector may upon written request of the owner of any rental unit, extend the period of compliance with any notice of violation issued by the building inspector where in the professional opinion of the building inspector good cause exists for the delay in compliance and there exists no immediate threat to the health or safety of any occupants of the rental unit or the building or structure but shall not exceed an additional 30 calendar days. In such case, the building inspector shall issue a conditional certificate of use and occupancy and an amended notice of violation providing the future time period to correct any violation and/or deficiency the building inspector deems appropriate.
(D) Upon inspection, the discovery of any violation and/or deviation from any applicable technical code adopted by the town, State Building Code or any ordinance of the town which in the professional opinion of the building inspector constitutes good cause to withhold or revoke any certificate of use and occupancy the building inspector shall immediately issue an order to vacate. Further, upon inspection, the discovery of any violations and/or deviations which in the professional opinion of the building inspector pose an immediate threat to the health or safety of the occupants of a rental unit or the building or structure, the building inspector shall issue an order of immediate vacation of the rental unit or the building or the structure, as the case may require. Any occupancy in violation of the order to vacate shall subject the owner and/or occupants to the penalties provided under this chapter and each day such occurs shall constitute a separate violation of this chapter.
(Prior Code, § 4-509) (Ord. passed 8-28-2017)