(A) No person shall occupy a dwelling subject to this Code unless a current, unrevoked housing license has been issued by the Fire Official, or designee, for the specific named dwelling.
(B) No person shall operate or permit occupancy of a dwelling subject to this Code unless a current, unrevoked housing license has been issued by the Fire Official, or designee, for the specific dwelling in the name of the owner.
(C) No person who manages a property on behalf of an owner shall permit occupancy of a dwelling subject to this Code unless a current, unrevoked housing license has been issued by the Fire Official, or designee, for the specific dwelling in the name of the owner.
(D) The following shall apply to the issuance of any housing license:
(1) Application for a housing license or for renewal shall be made in writing by the owner to the Fire Official, on forms furnished by the Fire Official, and shall be accompanied by an inspection fee established pursuant to division (E) below. The owner's signature is required on the form.
(a) If after inspection(s) by the Fire Official, or designee, the dwelling is found to be in accordance with all provisions of this Code, and all applicable fees have been paid, a housing license will be issued.
(b) An initial housing license shall be valid for a period of one year from the date of issuance (unless sooner revoked). Any successive renewal of the housing license shall be valid for a one-year period from the date of expiration of the initial or any successive license renewal, except the Fire Official is authorized, for the initial housing license issued for a dwelling, to issue the housing license for a period of up to one year and nine months for the purpose of adjusting the time when such housing license expires.
(2) A violation of this Code shall not prevent the issuance of a housing license, unless the Fire Official determines existing conditions constitute either:
(a) A hazard to the health, safety, or welfare of those who may occupy the dwelling; or
(b) A hazard to the health, safety, or welfare of the community.
(3) Applicants shall designate in writing with each application or renewal, an agent upon whom service or notice under this Code and service or process for violation of this Code may be made in the absence of the owner. The agent designated must reside in the county to receive such notice. This designated agent must give written approval for the use of his/her name as the designated agent. A violation of this section is a misdemeanor municipal civil infraction.
(4) Every person holding a housing license shall provide in the written lease a provision that the tenant or roomer will allow the Fire Official, or his/her designee, access to the dwelling and/or dwelling unit for the purpose of inspection required as a prerequisite to granting or renewal of a housing license, or for the purpose of investigating a complaint.
(5) No housing license is transferable to another dwelling, and each person issued a housing license shall give notice in writing to the Fire Official within seven days after having conveyed title, or assigned, transferred, or otherwise disposed of legal control of any licensed dwelling. Such notice shall include the name and address of persons succeeding to the ownership or control of such dwelling, and to whom the housing license is to be transferred. Within ten days of any transfer of ownership, the assigned shall comply with provision (D)(3) above.
(6) Application for the renewal of a housing license shall be made at least 30 days prior to the expiration date of the existing housing license. Late applications will be charged a late fee.
(7) A record of all housing licenses issued shall be kept on file in the offices of the Fire Official, and copies will be furnished upon request. The Commission shall set this fee by resolution from time to time.
(E) Housing license fees shall be set by resolution of the Commission.
(Ord. 927, passed 5-14-07; Am. Ord. 966, passed 4-25-11; Am. Ord. 1022, passed 3-27-17; Am. Ord. 1089, passed 8-14-23) Penalty, see § 152.999