§ 14-112. Rental dwellings.  


Latest version.
  • (a)

    Business tax receipt required. It shall be unlawful for any owner of residential property to rent or lease, or offer to rent or lease therein any dwelling or dwelling unit, whether single-family, duplex, multifamily, boardinghouse or more than one room, unless a current business tax receipt has been issued by the town. The holder of a business tax receipt is sometimes referred to herein as a holder.

    (b)

    Annual inspection required; supplemental inspections authorized. Each dwelling unit licensed for rental must pass an annual inspection by a town building official prior to issuance of a business tax receipt. The purpose of the annual inspection shall be to determine compliance with the International Property Maintenance Code, zoning code, this Code, and comprehensive plan. The town may also conduct unscheduled supplemental inspections whenever there is a belief that the property is not in compliance with local codes.

    (c)

    Business tax receipt fee. A rental housing business tax receipt, in an amount as set by resolution, shall be charged for each rental dwelling unit irrespective of the number of rental dwelling units under single ownership and irrespective of the number of business tax receipts held by a particular holder.

    (d)

    Business tax receipt application. The owner of record of each dwelling unit which is rented, or offered for rent, shall make written application to the town clerk for a rental housing business tax receipt to engage in the business of renting residential property, setting forth the address, classification (whether single-family, duplex, multifamily, boardinghouse or more than one room). An agent of one or more owners may apply for multiple business tax receipts, upon written and notarized authorization from each owner represented.

    (e)

    Special inspection provisions.

    (1)

    Electrical inspection required. The owner of each dwelling unit licensed for rental must, prior to initial application or renewal, have the dwelling inspected by a state-licensed electrical contractor. The electrical contractor shall certify in writing that the dwelling meets all applicable electrical codes. The certification shall be signed by the contractor and include the contractor's license number.

    (2)

    Provisions for properties with septic tanks. The town's annual rental housing inspection shall include an assessment of the condition of the septic tank system. If the building official determines that the condition of the septic tank system is inadequate, the property owner shall be required to obtain the services of a licensed septic tank contractor to inspect the system and repair or replace it.

    (3)

    Provisions for properties with potable water wells. Every year as part of the annual rental housing inspection, the holder whose property is subject to inspection but not connected to a public potable water supply system shall provide to the inspector evidence that water from the private potable water source has been tested and found sanitary and potable through a standard and customary bacteriological test done by a state-certified laboratory within three months of the date of inspection.

    (4)

    Rights of privacy and freedom from unreasonable search. Each holder engaged in the business of renting residential property shall undertake to make such property available for reasonable inspection by the town building official to determine compliance with the International Property Maintenance Code, other applicable codes and the supplemental provisions of this division, provided that the town shall at all times honor the rights of the holder and the lessee, as provided in this subsection:

    a.

    Inspections required under this section shall be made only by a building official and the code enforcement officer or designee.

    b.

    No law enforcement officer may accompany a building official unless there is reason to believe that the inspector's personal safety is at risk during the inspection.

    c.

    The building official shall make his inspections during daylight hours, unless:

    1.

    The building official has made an appointment for another inspection time, at the request of the lessee; or

    2.

    The building official has previously attempted two or more times to complete an inspection during daylight hours and has found no adult person on the premises authorized to admit the inspector.

    d.

    At the commencement of each inspection, the building official shall present credentials and identification and advise the holder, lessee, or adult person authorized to admit the inspector that an inspection is required under the provisions of this section. If need be, the inspector shall provide the referenced occupant or other authorized person with a copy of this section.

    e.

    If the building official is denied admittance by the holder or lessee, or if the building official fails in at least three attempts to complete an inspection of the premises because there was no adult person on the premises to admit him, the inspector shall provide notice of failure of inspection to the holder by certified mail to the address shown on the license or other legal service. Within ten days after receipt or refusal of such notice, the holder shall arrange the admittance of the inspector to the certified premises for the completion of the required inspection. If the holder fails to arrange such admittance, the town council shall revoke the rental housing business tax receipt and shall notify the holder of such revocation by certified mail or other legal service. If the holder thereafter continues to permit the rental of the premises for residential use without inspection, he shall be subject to proceedings before the special magistrate for violation of this section and for any other code violations, which may be apparent. Nothing in this subsection limits any other legal remedy available to the town.

    f.

    Notwithstanding any other enforcement provisions of this Code, whenever the building official notices violations, the holder shall be cited and enforcement pursued through the code enforcement process.

    g.

    The town shall administratively adopt an official rental housing inspection form, based upon the International Property Maintenance Code, with a checklist of items to be noted by the inspector. This form shall be made available to the public. Any rental housing inspection shall focus upon, but not necessarily be limited to, the items set out on such a checklist.

    (f)

    Responsibility of property owner; disclaimer. The property owner shall be solely responsible for the safety and condition of the property and dwelling. The town's inspections shall not be construed as a guarantee that every aspect of a dwelling's structural, plumbing, HVAC, or other component is in compliance with applicable codes. Only visible areas can be inspected and the report is not a guarantee of condition, but a written documentation of observed conditions. The inspection is not a substitute for the services of a qualified engineer or private home inspector. No representation or comment is made concerning any latent defects or violations not reasonably observable at the time of the inspection or of items that require the removal of major or permanent coverings or furniture.

(Code 1999, § 14-85; Ord. No. 2004-04, § 4, 8-24-2004)