Chapter 182 

RENTAL PERMITS

[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 12-9-1993 as Ord. No. 302. Amendments noted where applicable.]

~ 182-1. Definitions.

  As used in this chapter, the following terms shall have the meanings indicated:

          APARTMENT HOUSES -- All structures that include more than two (2) dwelling units (as described herein).

          DWELLING UNIT -- A family dwelling unit, intended for living purposes, providing private entrance and independent permanent facilities for sleeping, eating, cooking and sanitation. Dwelling units may share common heat, ventilation and air-conditioning units, as provided, or may be individually equipped.

          FAMILY -- "Family" is an individual or two (2) or more persons related by blood, marriage or law. For this chapter, a "family" may also be a group of not more than any five (5) persons living together in a dwelling unit.

          OCCUPANCY -- The maximum number of occupants that may reside in a dwelling unit shall be as specified in the BOCA National Building Code, currently used edition.

          RENTAL UNIT -- Any dwelling unit that is rented, leased, let or hired out to be occupied.

          ROOMING HOUSES -- The rental of rooms with shared cooking and/or sanitary facilities is prohibited by town ordinance.

~ 182-2. Rental permits required.

  Every owner (or an authorized agent) of any family dwelling unit that is to be offered for rent or lease is required to make application for and receive an annual permit for each and every family unit prior to any occupancy by the tenant.

     A.     Application is to be made to the Town Manager, in writing, and on a form provided by the town.

     B.     In the case of multiownership of any such units, it shall be sufficient that any one (1) of the owners (or an authorized agent) may obtain the required permit(s) for the respective units.

     C.     Permits will be issued annually for the period commencing April 1 and will remain in effect until renewed or until the unit is vacated by the named tenant. A new permit will be required prior to occupancy by a new tenant.

     D.     At the time the application, written documentation must be supplied by the applicant, denoting the following:

          (1)     Number of bedrooms in the dwelling unit.

          (2)     Area (in square feet) of each dwelling unit.

          (3)     Name of occupying tenants, or a statement that the unit is vacant.

          (4)     Number of tenants per unit, if residential.

     E.     When vacant units are filed, information for Subsection D(3) and (4) above shall be submitted to the town within thirty (30) days of new occupancy.

     F.     Any agreement, contract, lease or sublease which provides for, or permits, allows, contemplates or facilitates occupancy by more persons than permitted in the current ordinance in force shall be deemed as unlawful and is hereby declared to be contrary to public policy.

     G.     The legal use and occupancy of a rental unit, at the time of adoption and effective date of this chapter, shall be allowed to continue without the mandatory inspection.

~ 182-3. Inspections.

     A.     On-site inspections will be made by the Code Officer, or authorized deputy, of each vacant rental unit, prior to occupancy by the new tenant, to assure that said unit is in compliance with the provisions of this chapter.

     B.     The current BOCA National Property Maintenance Code, as adopted and amended by town ordinance,[1] will be the guideline for all inspections to determine compliance.

     C.     The cost for this inspection will be included in the rental permit fee. Additional inspections to assure compliance will be made at additional cost to the owner.

     D.     A record of each inspection will be kept on file at the Town Hall and maintained until replaced by a new inspection report.

     E.     Nothing in this chapter shall preclude that other inspections may be made by the Code Official in the regular performance of his or her duties.

~ 182-4. Fees. [Amended 12-14-1995 by Ord. No. 325]

  The cost of a rental permit shall be as follows:

     A.     One hundred dollars ($100.) per unit for two (2) units or less within a structure; and

     B.     Fifty dollars ($50.) per unit where there are more than two (2) units within one (1) structure.

     C.     These fees are also subject to the following:

          (1)     Any single-family dwelling rental unit that obtains a building permit for or can produce evidence of property improvements of one thousand dollars ($1,000.) or more, and successfully completes the improvements in the taxable calendar year, will be eligible for a fifty-percent reduction in rental permit fees for three (3) years.

          (2)     Any multiple-family dwelling rental unit that obtains a building permit for or can produce evidence of property improvements of five hundred dollars ($500.) or more, and successfully completes the improvements in the taxable calendar year, will be eligible for a fifty-percent reduction in rental permit fees for three (3) years.

          (3)     Each permit is good for one (1) year. No fees will be prorated. Annual renewal forms will be mailed by the town. Permit fees are payable upon receipt, and are due no later than April 1. Late fees include a charge of fifty dollars ($50.), and owners filing late are subject to the penalty provisions of this chapter.

          (4)     A charge of fifty dollars ($50.) will be assessed for compliance inspections, if required, beyond the initial inspection mandated and included in the permit fee. It shall be the sole responsibility of the owner(s) to provide shelter and pay expenses of relocation for persons required to vacate the owner's rental property as a result of an order condemning a building or structure deemed unfit for human habitat.

~ 182-5. Violations and penalties.

  Any person or persons who shall violate the provisions of this Code or chapter, or who shall fail to comply with the legal notice or order issued by the Code Official pursuant to this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than one hundred ($100.) nor more than three hundred dollars ($300.), or imprisonment of not more than thirty (30) days, or both. Each day that each violation continues shall be deemed a further offense punishable by a further sum of fifty dollars ($50.) per day, per violation. The imposition of a penalty for any violation of this chapter shall not excuse the violation or permit it to continue.