[HISTORY: Adopted by the Town Council of the Town of Plainville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-15-1969; amended 6-7-1982]
Provisions and definitions set forth in §§ 243-1 and 243-2 of the Housing Code of the Town of Plainville are incorporated herein. For the purposes of this article, "dwelling" shall include all dwellings or dwelling units, and "Enforcement Officer" shall refer to the Housing Code Enforcement Officer, or his designee, for the Town of Plainville.
No owner or agent in charge of a dwelling offered for rent,
other than in a rooming house, motel or hotel, shall allow any person
to occupy the same as a tenant, lessee, or licensee, with or without
valuable consideration, unless said dwelling shall have been inspected
subsequent to its most recent occupancy and prior to any new occupancy
and determined to be in compliance with all the provisions of the
Housing Code of the Town of Plainville, as evidenced by a certificate
of compliance issued by the Enforcement Officer.
Notwithstanding other provisions of this article, no owner or
agent need apply for inspection nor obtain a certificate of compliance
covering any dwelling in a building under five years of age. Notwithstanding
other provisions of this article, no owner or agent need apply for
inspection nor obtain a certificate of compliance covering the same
dwelling more frequently than once every one year.
Upon request of the owner or agent authorized to rent a dwelling
(hereinafter referred to as "applicant"), the Enforcement Officer
will be available at a reasonable appointed time within 48 hours,
agreed upon by himself and the applicant, or later, if the applicant
requests, to inspect such dwelling. If such inspection establishes
that the dwelling complies with the standards of the Housing Code,
the Enforcement Officer shall issue a certificate of compliance for
said dwelling. Two copies of the certificate of compliance shall be
mailed or handed to the applicant; one copy shall be posted by the
owner or his agent inside the dwelling and shall not be removed by
or at the direction of anyone without the approval of the Enforcement
Officer; and a third copy shall be kept on file in the office of the
Department of Health of the Town of Plainville.
Issuance of a certificate of compliance shall not constitute
a waiver of any requirements of the Housing Code of the Town of Plainville.
The certificate of compliance shall not be an admission of liability
on the part of the Enforcement Officer or the Town of Plainville as
to the condition of the dwelling.
If said dwelling or dwelling unit does not comply with the Housing
Code, the Enforcement Officer shall furnish the applicant with a written
list of the specific violations which would have to be corrected before
a certificate of compliance could be issued for the dwelling. Upon
the representation of the applicant that the listed violations have
been corrected, and upon the payment of the first reinspection fee,
the Enforcement Officer shall reinspect said dwelling and issue a
certificate of compliance or present the applicant with a further
list of violations as above provided.
Whenever any subsequent reinspections are required for any reason
whatsoever, the fee listed for subsequent reinspections shall be paid
for each such reinspection before a certificate of compliance shall
be issued.
Any applicant who is delayed in correcting violations necessary
to entitle him to a certificate of compliance, and who has a written
contract for the performance of the work necessary for compliance,
may petition the Enforcement Officer in writing for a temporary waiver
of compliance. There shall be no fee required for a temporary waiver.
The petition shall contain the information which is reasonably necessary
for the Enforcement Officer to make a decision and shall include a
written and signed statement by the person or corporation under contract
specifying the dates of beginning and completion of the work. If the
Enforcement Officer shall find the delay in the correction of the
violation is reasonable, taking into consideration the availability
of persons to do the work and the current workload, and the work can
reasonably be undertaken and completed while the premises is occupied
(or that appropriate provision has been made for housing the tenant
elsewhere during the period when the dwelling will not be habitable),
the Enforcement Officer shall issue a temporary waiver of compliance,
expiring on the date when the corrections should be completed. The
applicant shall, on or before said date, request a reinspection and
pay the reinspection fee. The Enforcement Officer shall reinspect
said dwelling and issue the certificate of compliance or list any
remaining violations as above provided.
Any applicant aggrieved by the decision or action of the Enforcement Officer may appeal to the Housing Code Appeals Board, in accordance with the provisions and procedures of § 243-3D, E, F, G, H and I of the Housing Code of the Town of Plainville. The Housing Code Appeals Board shall have the powers set forth in said subsections.
Any owner or agent who shall let for occupancy any dwelling
which has become vacant without first securing a certificate of compliance
from the Enforcement Officer shall be guilty of a misdemeanor punishable
by a fine of not less than $50 nor more than $99. Each day that occupancy
continues without the owner or agent securing a certificate of compliance
shall constitute a separate offense.
