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There is hereby created a special fund, to be designated the Landlord Registration Fund. This Fund shall be a continuing, non-reverting fund, with all balances remaining therein at the end of the year, and such balances shall not revert to the town general funds. The Clerk-Treasurer shall deposit in this Fund all fees assessed and collected pertaining exclusively to a rental unit or rental unit community. This Fund shall be dedicated solely to reimbursing the costs actually incurred relating to the landlord registration program.
(Ord. 2022-08, passed 5-25-22)
(A) The Commission shall measure the success of the landlord registration program using without limitation, but at a minimum, the following performance measures:
(1) Number of landlords registered;
(2) Number of parcels registered;
(3) Number of fines issued and collected and the reason for the fine;
(4) Number of citations of violation of the state and local codes and ordinances opened against properties listed on the landlord registry;
(5) Status of the Landlord Registration Fund.
(B) Within six months of adoption of this section, the Commission shall create individual numeric benchmarks for, at a minimum, each of the performance measures above, as a means of tracking and measuring the annual performance of the program. An annual report shall be posted on the Commission’s website for each of the above measures. Additionally, the Commission shall, no less than annually, report to the Town Council on the progress made in implementing the landlord registration program. The Commission shall report on the annual increase or decrease for each performance measure contained in this section compared to the previous year(s). In its annual report to the Town Council, the Commission shall additionally make recommendations on any needed changes to the landlord registration program, including, but not limited to, eliminating the landlord registration program if it is not deemed to be effective.
(Ord. 2022-08, passed 5-25-22)
(A) (1) Failure to register as required by § 105.02 is subject to admission of violation and payment of a civil penalty for each rental unit or rental unit community in violation in an amount provided herein.
(2) Failure to update the registration within 30 days of a change in ownership as required by § 105.02 is subject to admission of violation and payment of a civil penalty for each rental unit or rental unit community in violation in an amount provided herein.
(3) Failure to renew the registration as of January 1 of each calendar year as required by § 105.02 is subject to admission of violation and payment of a civil penalty for each rental unit or rental unit community in violation in an amount provided herein.
(4) Failure to update the registration within 30 days of a change in anything other than ownership as required by § 105.02 is subject to admission of violation and payment of a civil penalty for each rental unit or rental unit community in violation in an amount provided herein.
(B) In addition to civil penalties, the Commission may seek injunctive relief to enforce the provisions of this chapter.
(C) The penalties allowed under this section may not be imposed until after:
(1) A notice of violation has been issued to the owner or the owner’s designee by personal service or by first class United States Mail, postage prepaid;
(2) Passage of 30 days, which must be stated in the notice, for the violation to be cured; and
(3) Failure of the violation to be cured within the time stated in the notice.
(D) The following provisions and their respective civil penalties are designated for violations of this chapter.
Section | Subject Matter | Civil Penalty |
§ 105.99(A)(1) | Failure to register as a landlord | $500 |
§ 105.99(A)(2) | Failure to update the landlord registration upon change in ownership | $250 |
§ 105.99(A)(3) | Failure to renew annual registration as a landlord | $100 |
§ 105.99(A)(4) | Failure to update the landlord registration upon change of information, other than ownership | $100 |
(Ord. 2022-08, passed 5-25-22)