The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:
CERTIFICATE OF COMPLIANCE. A certificate indicating that the owner has complied with the remedial action plan and the disorder activity is below the disorder threshold.
CODE OFFICIAL. The Director of the Land Management Department or designee who is primarily responsible for the administration of this article, along with the Police Official.
COMPLIANCE ORDER. A notice of violation issued by a Code Enforcement Official of the Town of Spencer.
DISORDER. A police call is classified as one of the following call types: ‘ABC Violation,’ ‘Armed Robbery,’ ‘Assault,’ ‘Assault with Weapon,’ ‘Civil Disturbance,’ ‘Drug,’ ‘Gunshots,’ ‘Intoxicated Subject,’ ‘Litter,’ ‘Loud Music,’ ‘Overdose,’ ‘Prostitutes,’ ‘Riot,’ ‘Shoot into Occupied Building,’ ‘Shoot into Occupied Vehicle,’ ‘Shooting,’ ‘Stolen Property,’ ‘Suspicious Subject,’ ‘Suspicious Subject Weapon,’ ‘Suspicious Vehicle,’ ‘Trespassing.’ A domestic violence call for service is not a disorder as defined herein.
DISORDER ACTIVITY. Activity occurring on or in a residential rental property categorized as either reported violent crimes, reported property crimes, certain types of disorder-related, person-initiated requests for police service and disorder related service calls resulting from observation by police officers and/or code enforcement officials. A domestic violence call for service is not a disorder activity.
DISORDER ACTIVITY COUNT. The number of reports of disorder activity at a residential rental unit as determined by the police activity reports.
DISORDER RISK THRESHOLD. Means, for each residential rental unit, a disorder activity count of three or more or a disorder activity count which is in the top ten percent for all residential rental units in the town with disorder activity.
IN NEED OF REMEDIAL ACTION (INRA). A designation by the town officials that a residential rental unit has been identified for enforcement action under this subchapter.
MANAGER. The person, persons or legal entity appointed or hired by the owner to be responsible for the daily operation of the residential rental property.
OWNER. The person, persons or legal entity that holds legal title to a residential rental property.
POLICE OFFICIAL. The Chief of Police or designee who is primarily responsible for the administration of this subchapter, along with the Code Official.
REGISTERED AGENT. The person identified by the owner of the residential rental property in the remedial action plan filed pursuant to this article who is authorized to receive legal process and/or notice required or provided for in this subchapter.
REMEDIAL ACTION PLAN (RAP). A written plan agreed upon and signed by both the town officials and owner whereby the owner agrees to implement remedial measures on a residential rental unit or property which exceeds the disorder threshold or meets the verified violation threshold. The remedial action plan may contain remedial measures for an entire residential rental property if necessary to address the disorder activity or verified violations associated with a residential rental until located thereon.
REMEDIAL MEASURES. Mandatory and voluntary measures as stated within the Remedial Action Plan Manual, a copy of which is on file on the town's website and at the Town of Spencer Town Hall.
RENTAL PERMIT. A permit issued to the owner which permits the rental or lease of a residential rental unit or residential rental property that is subject to a remedial action plan.
RESIDENTIAL RENTAL PROPERTY. Property that contains one or more residential rental units and associated common areas and tenant amenities including but not limited to parking lots, pools, recreation facilities and clubhouses.
RESIDENTIAL RENTAL UNIT. An individual residential dwelling unit for lease to and use by residential tenants. A residential rental unit may consist of an apartment, a condominium, a mobile home, a single-family dwelling or any other dwelling type intended to be rented for purposes of residential occupancy, but not including hotels, motels, bed and breakfast inns, and other transient occupancies.
VERIFIED VIOLATION.
(1) The aggregate of all violations of housing ordinances or codes found in an individual rental unit of residential real property during a 72-hour period; and
(2) Any violations that have not been corrected by the owner or manager within 21 days of receipt of written notice from the town of the violation. Should the same violation occur more than two times in a 12-month period, the owner or manager may not have the option of correcting the violation. If the housing ordinance or code provides that any form of prohibited tenant behavior constitutes a violation by the owner or manager of the rental property, it shall be deemed a correction of the tenant-related violation if the owner or manager, within 30 days of receipt of written notice of the tenant-related violation, brings a summary ejectment action to have the tenant evicted.
VERIFIED VIOLATION THRESHOLD. More than four verified violations in a rolling 12-month period or two or more verified violations in a rolling 30-day period.
(Ord. 18-017, passed 9-11-18)
Editor's note:
The appendix referred to in this section is not set out at length herein but may be found on file in the offices of the town.