(A) Escalation of enforcement (authority to intervene). In the event, after a rental permit has been issued and a dwelling unit has been entered into the remedial action program, the disorder risk threshold is met again prior to the six-month review, the town officials shall intervene with a mandatory meeting as prescribed herein, following the procedures in §§ 93.43 and 93.44 for notification. The purpose of the meeting is to review and adjust as necessary the remedial action plan and give consideration to revocation of the rental permit. If it is necessary to remove the tenant from the residence, the owner shall take the necessary steps to do so, supported by the town officials, or the town officials, shall consult with the Town Attorney public nuisance alternatives for summary ejectment order.
(B) On the six-month review date, the owner and town officials shall review the disorder activity and verified violations in or on the residential rental unit since the date of the remedial action plan and determine the disorder activity or verified violations for the unit or property from the previous twelve months and disorder activity since the implementation of the current time period. If the disorder activity would no longer result in the property being at or above the disorder threshold or the property no longer meets the verified violation threshold the owner shall be issued a certificate of compliance. If the unit continues to meet the verified violation threshold or falls at or above he disorder threshold and any required tasks or steps contained in the remedial action plan have not been addressed, then the town officials shall determine whether the owner has complied in good faith with the remedial action plan.
(1) In determining whether the owner has acted in good faith, the town officials shall weigh the following factors:
(a) Whether the owner has regularly met with the town officials as requested;
(b) Whether the owner has exhausted all resources reasonably available to the owner in order to comply with the terms of the remedial action plans;
(c) Whether the owner has intentionally ignored a term of a remedial action plan; and
(d) Whether the disorder activity on the unit property constitutes a public nuisance as defined by applicable statutes.
(2) If the owner has been found to have acted in good faith to comply with the remedial action plan, then the town officials shall amend the remedial action plan as necessary and set a second review date which shall be not less than six months in the future;
(3) If the owner has been found to have not acted in good faith, then the town officials shall revoke the rental permit and designate the residential rental unit in need of remedial action (INRA).
(4) Town officials shall deem the owner in compliance with the remedial action plan if the owner has taken steps to evict the tenant and the tenant is no longer residing within or on the rental property in question.
(5) This subchapter does not prohibit the police official from notifying the affected housing authority if the rental unit is under the jurisdiction of Section 8 Housing Funding.
(C) At the second six-month review, the owner and town officials shall review the verified violations and disorder activity in or on the unit or property since the date of the amended remedial action plan and determine the verified violations or disorder activity for the unit or property from the previous year and current time period. If the property no longer meets the verified violation threshold or disorder activity no longer results in the property being at or above the disorder risk threshold, then the owner shall be issued a certificate of compliance.
(D) If the unit or property continues to meet the verified violation threshold or falls at or above the disorder risk threshold, then the town officials shall determine whether the owner has acted in good faith to comply with the amended remedial action plan. The town officials may provide additional extensions of time, if the town officials find that the owner is complying in good faith and could comply if offered more time.
(1) If the owner has acted in good faith, then the town officials may continue to work with the owner, provided, however that if the unit or property remains at or above the disorder risk threshold for a period of two years the town officials shall refer the property to the Town Attorney's Office for a determination as to whether a public nuisance action or any other legal or equitable remedy is warranted.
(2) If the owner has been found to have not acted in good faith, then the town officials shall revoke the rental permit and designate the residential rental unit in need of remedial action (INRA).
(E) All remedial action plans will be based on the procedures and practices set forth in the Town of Spencer's Remedial Action Plan Manual; A Guide to Managing Rental Properties to Prevent Crime.
(Ord. 18-017, passed 9-11-18)