When the owner has complied with all requirements of this chapter and the Rental Housing Inspection Program Administrative Policy for a dwelling unit and has paid all fees required by this chapter, the city shall issue a minimum rental housing occupancy permit to the owner for such dwelling unit.
(A) Expiration of occupancy permit.
(1) A rental occupancy permit for a dwelling unit shall be valid until the date of expiration as printed on the face of the issued permit, unless the unit, at any time, is found to be in violation of the requirements of this chapter and/or the Rental Housing Inspection Program Administrative Policy.
(2) No new rental occupancy permit shall be issued with respect to such dwelling unit until the owner has complied with all requirements of this chapter and the Rental Housing Inspection Program Administrative Policy.
(B) Location of occupancy permit. The owner shall cause the occupancy permit to be placed in each property/unit where it is readily available for examination by prospective tenants, current tenants and the Inspector at all times. If the permit is not available for examination during any inspection, the owner shall be required to immediately replace such permit at the owner’s expense. Replacement cost of permit shall be set by City Council resolution.
(C) Effect of issuance of occupancy permit.
(1) The issuance of a minimum rental housing occupancy permit for a dwelling unit shall not be construed to mean that the dwelling unit complies with the provisions of this chapter or with any of the provisions of any other chapters of this code, including, but not limited to, city zoning.
(2) After issuance of a minimum rental housing occupancy permit for a dwelling unit, if it is determined that the dwelling unit, or the structure of which the dwelling unit is a part, fails to comply with any of the provisions of this chapter, the City of Newton may require the owner to bring said dwelling unit or structure into compliance with all of the provisions of this chapter. Failure to bring said dwelling unit into compliance shall result in an invalid rental occupancy permit.
(D) Temporary occupancy permit. The City of Newton may, but is not required to, issue a temporary rental housing occupancy permit under either of the following circumstances:
(1) Reasonable time to inspect. If the Director of Community Development or designee determines that it is impractical to inspect a dwelling unit within a reasonable time after an owner makes application for occupancy permit, provided the owner has made application prior to expiration of said permit. In such case, the City of Newton may issue a temporary rental housing occupancy permit which shall be valid for the minimum reasonable period of time which the Director of Community Development or designee determines is needed in order to complete the inspection of the dwelling unit; or
(2) Previously issued permit. If an occupancy permit previously issued with respect to a dwelling unit has expired, by reason of the next initial inspection of the dwelling unit having been conducted and if the dwelling unit does not then comply with all of the requirements of this chapter. In such case, the Director of Community Development or designee may, but is not required to, issue a temporary occupancy permit for the minimum reasonable period of time which the Director of Community Development or designee determines is needed by the owner to bring the dwelling unit into compliance with all of the requirements of this chapter, provided life-safety of tenants is not at risk.
(3) In either case, the expiration date of the temporary occupancy permit shall be stated on the face of the permit.
(Ord. 2364, passed 9-3-2019)