"Dwelling unit" means a building or structure or part thereof that is usedfor a home or residence by one or more persons who maintain a household.
"Owner" means the person shown on the current real estate assessment booksor current real estate assessment records.
"Residential rental dwelling unit" means a dwelling unit that is leased orrented to one or more tenants. However, a dwelling unit occupied in part bythe owner thereof shall not be construed to be a residential rental dwellingunit unless a tenant occupies a part of the dwelling unit which has its owncooking and sleeping areas, and a bathroom, unless otherwise provided in thezoning ordinance by the local governing body.
B. Localities may inspect residential rental dwelling units. The localgoverning body may adopt an ordinance to inspect residential rental dwellingunits for compliance with the Building Code and to promote safe, decent andsanitary housing for its citizens, in accordance with the following:
1. Except as provided in subdivision B 3, the dwelling units shall be locatedin a rental inspection district established by the local governing body inaccordance with this section, and
2. The rental inspection district is based upon a finding by the localgoverning body that (i) there is a need to protect the public health, safetyand welfare of the occupants of dwelling units inside the designated rentalinspection district; (ii) the residential rental dwelling units within thedesignated rental inspection district are either (a) blighted or in theprocess of deteriorating, or (b) the residential rental dwelling units are inthe need of inspection by the building department to prevent deterioration,taking into account the number, age and condition of residential dwellingrental units inside the proposed rental inspection district; and (iii) theinspection of residential rental dwelling units inside the proposed rentalinspection district is necessary to maintain safe, decent and sanitary livingconditions for tenants and other residents living in the proposed rentalinspection district. Nothing in this section shall be construed to authorizeone or more locality-wide rental inspection districts and a local governingbody shall limit the boundaries of the proposed rental inspection districtsto such areas of the locality that meet the criteria set out in thissubsection, or
3. An individual residential rental dwelling unit outside of a designatedrental inspection district is made subject to the rental inspection ordinancebased upon a separate finding for each individual dwelling unit by the localgoverning body that (i) there is a need to protect the public health, welfareand safety of the occupants of that individual dwelling unit; (ii) theindividual dwelling unit is either (a) blighted or (b) in the process ofdeteriorating; or (iii) there is evidence of violations of the Building Codethat affect the safe, decent and sanitary living conditions for tenantsliving in such individual dwelling unit.
For purposes of this section, the local governing body may designate a localgovernment agency other than the building department to perform all or partof the duties contained in the enforcement authority granted to the buildingdepartment by this section.
C. 1. Notification to owners of dwelling units. Before adopting a rentalinspection ordinance and establishing a rental inspection district or anamendment to either, the governing body of the locality shall hold a publichearing on the proposed ordinance. Notice of the hearing shall be publishedonce a week for two successive weeks in a newspaper published or havinggeneral circulation in the locality.
Upon adoption by the local governing body of a rental inspection ordinance,the building department shall make reasonable efforts to notify owners ofresidential rental dwelling units in the designated rental inspectiondistrict, or their designated managing agents, and to any individual dwellingunits subject to the rental inspection ordinance, not located in a rentalinspection district, of the adoption of such ordinance, and provideinformation and an explanation of the rental inspection ordinance and theresponsibilities of the owner thereunder.
2. Notification by owners of dwelling units to locality. The rentalinspection ordinance may include a provision that requires the owners ofdwelling units in a rental inspection district to notify the buildingdepartment in writing if the dwelling unit of the owner is used forresidential rental purposes. The building department may develop a form forsuch purposes. The rental inspection ordinance shall not include aregistration requirement or a fee of any kind associated with the writtennotification pursuant to this subdivision. A rental inspection ordinance maynot require that the written notification from the owner of a dwelling unitsubject to a rental inspection ordinance be provided to the buildingdepartment in less than 60 days after the adoption of a rental inspectionordinance. However, there shall be no penalty for the failure of an owner ofa residential rental dwelling unit to comply with the provisions of thissubsection, unless and until the building department provides personal orwritten notice to the property owner, as provided in this section. In anyevent, the sole penalty for the willful failure of an owner of a dwellingunit who is using the dwelling unit for residential rental purposes to complywith the written notification requirement shall be a civil penalty of up to$50. For purposes of this subsection, notice sent by regular first class mailto the last known address of the owner as shown on the current real estatetax assessment books or current real estate tax assessment records shall bedeemed compliance with this requirement.
D. Initial inspection of dwelling units when rental inspection district isestablished. Upon establishment of a rental inspection district in accordancewith this section, the building department may, in conjunction with thewritten notifications as provided for in subsection C, proceed to inspectdwelling units in the designated rental inspection district to determine ifthe dwelling units are being used as a residential rental property and forcompliance with the provisions of the Building Code that affect the safe,decent and sanitary living conditions for the tenants of such property.
E. Provisions for initial and periodic inspections of multifamily dwellingunits. If a multifamily development has more than 10 dwelling units, in theinitial and periodic inspections, the building department shall inspect onlya sampling of dwelling units, of not less than two and not more than 10percent of the dwelling units, of a multifamily development, which includesall of the multifamily buildings which are part of that multifamilydevelopment. In no event, however, shall the building department charge a feeauthorized by this section for inspection of more than 10 dwelling units. Ifthe building department determines upon inspection of the sampling ofdwelling units that there are violations of the Building Code that affect thesafe, decent and sanitary living conditions for the tenants of suchmultifamily development, the building department may inspect as many dwellingunits as necessary to enforce the Building Code, in which case, the fee shallbe based upon a charge per dwelling unit inspected, as otherwise provided insubsection H.
F. 1. Follow-up inspections. Upon the initial or periodic inspection of aresidential rental dwelling unit subject to a rental inspection ordinance,the building department has the authority under the Building Code to requirethe owner of the dwelling unit to submit to such follow-up inspections of thedwelling unit as the building department deems necessary, until such time asthe dwelling unit is brought into compliance with the provisions of theBuilding Code that affect the safe, decent and sanitary living conditions forthe tenants.
2. Periodic inspections. Except as provided in subdivision F 1, following theinitial inspection of a residential rental dwelling unit subject to a rentalinspection ordinance, the building department may inspect any residentialrental dwelling unit in a rental inspection district, that is not otherwiseexempted in accordance with this section, no more than once each calendaryear.
G. Exemptions from rental inspection ordinance. Upon the initial or periodicinspection of a residential rental dwelling unit subject to a rentalinspection ordinance for compliance with the Building Code, provided thatthere are no violations of the Building Code that affect the safe, decent andsanitary living conditions for the tenants of such residential rentaldwelling unit, the building department shall provide, to the owner of suchresidential rental dwelling unit, an exemption from the rental inspectionordinance for a minimum of four years. Upon the sale of a residential rentaldwelling unit, the building department may perform a periodic inspection asprovided in subdivision F 2, subsequent to such sale. If a residential rentaldwelling unit has been issued a certificate of occupancy within the last fouryears, an exemption shall be granted for a minimum period of four years fromthe date of the issuance of the certificate of occupancy by the buildingdepartment. If the residential rental dwelling unit becomes in violation ofthe Building Code during the exemption period, the building department mayrevoke the exemption previously granted under this section.
H. A local governing body may establish a fee schedule for enforcement of theBuilding Code, which includes a per dwelling unit fee for the initialinspections, follow-up inspections and periodic inspections under thissection.
I. The provisions of this section shall not, in any way, alter the rights andobligations of landlords and tenants pursuant to the applicable provisions ofChapter 13 (§ 55-217 et seq.) or Chapter 13.2 (§ 55-248.2 et seq.) of Title55.
J. The provisions of this section shall not alter the duties orresponsibilities of the local building department under § 36-105 to enforcethe Building Code.
K. Unless otherwise provided in this section, penalties for violation of thissection shall be the same as the penalties provided in the Building Code.
"Dwelling unit" means a building or structure or part thereof that is usedfor a home or residence by one or more persons who maintain a household.
"Owner" means the person shown on the current real estate assessment booksor current real estate assessment records.
"Residential rental dwelling unit" means a dwelling unit that is leased orrented to one or more tenants. However, a dwelling unit occupied in part bythe owner thereof shall not be construed to be a residential rental dwellingunit unless a tenant occupies a part of the dwelling unit which has its owncooking and sleeping areas, and a bathroom, unless otherwise provided in thezoning ordinance by the local governing body.
B. Localities may inspect residential rental dwelling units. The localgoverning body may adopt an ordinance to inspect residential rental dwellingunits for compliance with the Building Code and to promote safe, decent andsanitary housing for its citizens, in accordance with the following:
1. Except as provided in subdivision B 3, the dwelling units shall be locatedin a rental inspection district established by the local governing body inaccordance with this section, and
2. The rental inspection district is based upon a finding by the localgoverning body that (i) there is a need to protect the public health, safetyand welfare of the occupants of dwelling units inside the designated rentalinspection district; (ii) the residential rental dwelling units within thedesignated rental inspection district are either (a) blighted or in theprocess of deteriorating, or (b) the residential rental dwelling units are inthe need of inspection by the building department to prevent deterioration,taking into account the number, age and condition of residential dwellingrental units inside the proposed rental inspection district; and (iii) theinspection of residential rental dwelling units inside the proposed rentalinspection district is necessary to maintain safe, decent and sanitary livingconditions for tenants and other residents living in the proposed rentalinspection district. Nothing in this section shall be construed to authorizeone or more locality-wide rental inspection districts and a local governingbody shall limit the boundaries of the proposed rental inspection districtsto such areas of the locality that meet the criteria set out in thissubsection, or
3. An individual residential rental dwelling unit outside of a designatedrental inspection district is made subject to the rental inspection ordinancebased upon a separate finding for each individual dwelling unit by the localgoverning body that (i) there is a need to protect the public health, welfareand safety of the occupants of that individual dwelling unit; (ii) theindividual dwelling unit is either (a) blighted or (b) in the process ofdeteriorating; or (iii) there is evidence of violations of the Building Codethat affect the safe, decent and sanitary living conditions for tenantsliving in such individual dwelling unit.
For purposes of this section, the local governing body may designate a localgovernment agency other than the building department to perform all or partof the duties contained in the enforcement authority granted to the buildingdepartment by this section.
C. 1. Notification to owners of dwelling units. Before adopting a rentalinspection ordinance and establishing a rental inspection district or anamendment to either, the governing body of the locality shall hold a publichearing on the proposed ordinance. Notice of the hearing shall be publishedonce a week for two successive weeks in a newspaper published or havinggeneral circulation in the locality.
Upon adoption by the local governing body of a rental inspection ordinance,the building department shall make reasonable efforts to notify owners ofresidential rental dwelling units in the designated rental inspectiondistrict, or their designated managing agents, and to any individual dwellingunits subject to the rental inspection ordinance, not located in a rentalinspection district, of the adoption of such ordinance, and provideinformation and an explanation of the rental inspection ordinance and theresponsibilities of the owner thereunder.
2. Notification by owners of dwelling units to locality. The rentalinspection ordinance may include a provision that requires the owners ofdwelling units in a rental inspection district to notify the buildingdepartment in writing if the dwelling unit of the owner is used forresidential rental purposes. The building department may develop a form forsuch purposes. The rental inspection ordinance shall not include aregistration requirement or a fee of any kind associated with the writtennotification pursuant to this subdivision. A rental inspection ordinance maynot require that the written notification from the owner of a dwelling unitsubject to a rental inspection ordinance be provided to the buildingdepartment in less than 60 days after the adoption of a rental inspectionordinance. However, there shall be no penalty for the failure of an owner ofa residential rental dwelling unit to comply with the provisions of thissubsection, unless and until the building department provides personal orwritten notice to the property owner, as provided in this section. In anyevent, the sole penalty for the willful failure of an owner of a dwellingunit who is using the dwelling unit for residential rental purposes to complywith the written notification requirement shall be a civil penalty of up to$50. For purposes of this subsection, notice sent by regular first class mailto the last known address of the owner as shown on the current real estatetax assessment books or current real estate tax assessment records shall bedeemed compliance with this requirement.
D. Initial inspection of dwelling units when rental inspection district isestablished. Upon establishment of a rental inspection district in accordancewith this section, the building department may, in conjunction with thewritten notifications as provided for in subsection C, proceed to inspectdwelling units in the designated rental inspection district to determine ifthe dwelling units are being used as a residential rental property and forcompliance with the provisions of the Building Code that affect the safe,decent and sanitary living conditions for the tenants of such property.
E. Provisions for initial and periodic inspections of multifamily dwellingunits. If a multifamily development has more than 10 dwelling units, in theinitial and periodic inspections, the building department shall inspect onlya sampling of dwelling units, of not less than two and not more than 10percent of the dwelling units, of a multifamily development, which includesall of the multifamily buildings which are part of that multifamilydevelopment. In no event, however, shall the building department charge a feeauthorized by this section for inspection of more than 10 dwelling units. Ifthe building department determines upon inspection of the sampling ofdwelling units that there are violations of the Building Code that affect thesafe, decent and sanitary living conditions for the tenants of suchmultifamily development, the building department may inspect as many dwellingunits as necessary to enforce the Building Code, in which case, the fee shallbe based upon a charge per dwelling unit inspected, as otherwise provided insubsection H.
F. 1. Follow-up inspections. Upon the initial or periodic inspection of aresidential rental dwelling unit subject to a rental inspection ordinance,the building department has the authority under the Building Code to requirethe owner of the dwelling unit to submit to such follow-up inspections of thedwelling unit as the building department deems necessary, until such time asthe dwelling unit is brought into compliance with the provisions of theBuilding Code that affect the safe, decent and sanitary living conditions forthe tenants.
2. Periodic inspections. Except as provided in subdivision F 1, following theinitial inspection of a residential rental dwelling unit subject to a rentalinspection ordinance, the building department may inspect any residentialrental dwelling unit in a rental inspection district, that is not otherwiseexempted in accordance with this section, no more than once each calendaryear.
G. Exemptions from rental inspection ordinance. Upon the initial or periodicinspection of a residential rental dwelling unit subject to a rentalinspection ordinance for compliance with the Building Code, provided thatthere are no violations of the Building Code that affect the safe, decent andsanitary living conditions for the tenants of such residential rentaldwelling unit, the building department shall provide, to the owner of suchresidential rental dwelling unit, an exemption from the rental inspectionordinance for a minimum of four years. Upon the sale of a residential rentaldwelling unit, the building department may perform a periodic inspection asprovided in subdivision F 2, subsequent to such sale. If a residential rentaldwelling unit has been issued a certificate of occupancy within the last fouryears, an exemption shall be granted for a minimum period of four years fromthe date of the issuance of the certificate of occupancy by the buildingdepartment. If the residential rental dwelling unit becomes in violation ofthe Building Code during the exemption period, the building department mayrevoke the exemption previously granted under this section.
H. A local governing body may establish a fee schedule for enforcement of theBuilding Code, which includes a per dwelling unit fee for the initialinspections, follow-up inspections and periodic inspections under thissection.
I. The provisions of this section shall not, in any way, alter the rights andobligations of landlords and tenants pursuant to the applicable provisions ofChapter 13 (§ 55-217 et seq.) or Chapter 13.2 (§ 55-248.2 et seq.) of Title55.
J. The provisions of this section shall not alter the duties orresponsibilities of the local building department under § 36-105 to enforcethe Building Code.
K. Unless otherwise provided in this section, penalties for violation of thissection shall be the same as the penalties provided in the Building Code.
"Dwelling unit" means a building or structure or part thereof that is usedfor a home or residence by one or more persons who maintain a household.
"Owner" means the person shown on the current real estate assessment booksor current real estate assessment records.
"Residential rental dwelling unit" means a dwelling unit that is leased orrented to one or more tenants. However, a dwelling unit occupied in part bythe owner thereof shall not be construed to be a residential rental dwellingunit unless a tenant occupies a part of the dwelling unit which has its owncooking and sleeping areas, and a bathroom, unless otherwise provided in thezoning ordinance by the local governing body.
B. Localities may inspect residential rental dwelling units. The localgoverning body may adopt an ordinance to inspect residential rental dwellingunits for compliance with the Building Code and to promote safe, decent andsanitary housing for its citizens, in accordance with the following:
1. Except as provided in subdivision B 3, the dwelling units shall be locatedin a rental inspection district established by the local governing body inaccordance with this section, and
2. The rental inspection district is based upon a finding by the localgoverning body that (i) there is a need to protect the public health, safetyand welfare of the occupants of dwelling units inside the designated rentalinspection district; (ii) the residential rental dwelling units within thedesignated rental inspection district are either (a) blighted or in theprocess of deteriorating, or (b) the residential rental dwelling units are inthe need of inspection by the building department to prevent deterioration,taking into account the number, age and condition of residential dwellingrental units inside the proposed rental inspection district; and (iii) theinspection of residential rental dwelling units inside the proposed rentalinspection district is necessary to maintain safe, decent and sanitary livingconditions for tenants and other residents living in the proposed rentalinspection district. Nothing in this section shall be construed to authorizeone or more locality-wide rental inspection districts and a local governingbody shall limit the boundaries of the proposed rental inspection districtsto such areas of the locality that meet the criteria set out in thissubsection, or
3. An individual residential rental dwelling unit outside of a designatedrental inspection district is made subject to the rental inspection ordinancebased upon a separate finding for each individual dwelling unit by the localgoverning body that (i) there is a need to protect the public health, welfareand safety of the occupants of that individual dwelling unit; (ii) theindividual dwelling unit is either (a) blighted or (b) in the process ofdeteriorating; or (iii) there is evidence of violations of the Building Codethat affect the safe, decent and sanitary living conditions for tenantsliving in such individual dwelling unit.
For purposes of this section, the local governing body may designate a localgovernment agency other than the building department to perform all or partof the duties contained in the enforcement authority granted to the buildingdepartment by this section.
C. 1. Notification to owners of dwelling units. Before adopting a rentalinspection ordinance and establishing a rental inspection district or anamendment to either, the governing body of the locality shall hold a publichearing on the proposed ordinance. Notice of the hearing shall be publishedonce a week for two successive weeks in a newspaper published or havinggeneral circulation in the locality.
Upon adoption by the local governing body of a rental inspection ordinance,the building department shall make reasonable efforts to notify owners ofresidential rental dwelling units in the designated rental inspectiondistrict, or their designated managing agents, and to any individual dwellingunits subject to the rental inspection ordinance, not located in a rentalinspection district, of the adoption of such ordinance, and provideinformation and an explanation of the rental inspection ordinance and theresponsibilities of the owner thereunder.
2. Notification by owners of dwelling units to locality. The rentalinspection ordinance may include a provision that requires the owners ofdwelling units in a rental inspection district to notify the buildingdepartment in writing if the dwelling unit of the owner is used forresidential rental purposes. The building department may develop a form forsuch purposes. The rental inspection ordinance shall not include aregistration requirement or a fee of any kind associated with the writtennotification pursuant to this subdivision. A rental inspection ordinance maynot require that the written notification from the owner of a dwelling unitsubject to a rental inspection ordinance be provided to the buildingdepartment in less than 60 days after the adoption of a rental inspectionordinance. However, there shall be no penalty for the failure of an owner ofa residential rental dwelling unit to comply with the provisions of thissubsection, unless and until the building department provides personal orwritten notice to the property owner, as provided in this section. In anyevent, the sole penalty for the willful failure of an owner of a dwellingunit who is using the dwelling unit for residential rental purposes to complywith the written notification requirement shall be a civil penalty of up to$50. For purposes of this subsection, notice sent by regular first class mailto the last known address of the owner as shown on the current real estatetax assessment books or current real estate tax assessment records shall bedeemed compliance with this requirement.
D. Initial inspection of dwelling units when rental inspection district isestablished. Upon establishment of a rental inspection district in accordancewith this section, the building department may, in conjunction with thewritten notifications as provided for in subsection C, proceed to inspectdwelling units in the designated rental inspection district to determine ifthe dwelling units are being used as a residential rental property and forcompliance with the provisions of the Building Code that affect the safe,decent and sanitary living conditions for the tenants of such property.
E. Provisions for initial and periodic inspections of multifamily dwellingunits. If a multifamily development has more than 10 dwelling units, in theinitial and periodic inspections, the building department shall inspect onlya sampling of dwelling units, of not less than two and not more than 10percent of the dwelling units, of a multifamily development, which includesall of the multifamily buildings which are part of that multifamilydevelopment. In no event, however, shall the building department charge a feeauthorized by this section for inspection of more than 10 dwelling units. Ifthe building department determines upon inspection of the sampling ofdwelling units that there are violations of the Building Code that affect thesafe, decent and sanitary living conditions for the tenants of suchmultifamily development, the building department may inspect as many dwellingunits as necessary to enforce the Building Code, in which case, the fee shallbe based upon a charge per dwelling unit inspected, as otherwise provided insubsection H.
F. 1. Follow-up inspections. Upon the initial or periodic inspection of aresidential rental dwelling unit subject to a rental inspection ordinance,the building department has the authority under the Building Code to requirethe owner of the dwelling unit to submit to such follow-up inspections of thedwelling unit as the building department deems necessary, until such time asthe dwelling unit is brought into compliance with the provisions of theBuilding Code that affect the safe, decent and sanitary living conditions forthe tenants.
2. Periodic inspections. Except as provided in subdivision F 1, following theinitial inspection of a residential rental dwelling unit subject to a rentalinspection ordinance, the building department may inspect any residentialrental dwelling unit in a rental inspection district, that is not otherwiseexempted in accordance with this section, no more than once each calendaryear.
G. Exemptions from rental inspection ordinance. Upon the initial or periodicinspection of a residential rental dwelling unit subject to a rentalinspection ordinance for compliance with the Building Code, provided thatthere are no violations of the Building Code that affect the safe, decent andsanitary living conditions for the tenants of such residential rentaldwelling unit, the building department shall provide, to the owner of suchresidential rental dwelling unit, an exemption from the rental inspectionordinance for a minimum of four years. Upon the sale of a residential rentaldwelling unit, the building department may perform a periodic inspection asprovided in subdivision F 2, subsequent to such sale. If a residential rentaldwelling unit has been issued a certificate of occupancy within the last fouryears, an exemption shall be granted for a minimum period of four years fromthe date of the issuance of the certificate of occupancy by the buildingdepartment. If the residential rental dwelling unit becomes in violation ofthe Building Code during the exemption period, the building department mayrevoke the exemption previously granted under this section.
H. A local governing body may establish a fee schedule for enforcement of theBuilding Code, which includes a per dwelling unit fee for the initialinspections, follow-up inspections and periodic inspections under thissection.
I. The provisions of this section shall not, in any way, alter the rights andobligations of landlords and tenants pursuant to the applicable provisions ofChapter 13 (§ 55-217 et seq.) or Chapter 13.2 (§ 55-248.2 et seq.) of Title55.
J. The provisions of this section shall not alter the duties orresponsibilities of the local building department under § 36-105 to enforcethe Building Code.
K. Unless otherwise provided in this section, penalties for violation of thissection shall be the same as the penalties provided in the Building Code.
