[HISTORY: Adopted by the Mayor and Council
of the Town of Manchester 5-10-2005 by Ord. No. 159 (Ch. 73 of the 1979 Code).
Amendments noted where applicable.]
The Town considers rental housing a commercial
enterprise subject to licensure and oversight duly authorized in the
Town Charter. The purpose of this chapter is to encourage the responsible
ownership and management of rental housing within the Town, particularly
as the public health, safety, general welfare and economic vitality
of the community is directly impacted. This includes preservation
of quality rental housing that blends with traditional owner-occupied
neighborhoods. It is not the intent of the chapter to mediate internal
disputes between landlords and tenants but rather to address the maintenance
of rental housing as it relates to the greater community.
The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
A building or portion thereof, arranged or designed for use
of occupancy by not more than one family, which contains cooking,
eating, sanitation and sleeping facilities.
An examination of rental housing or any part thereof as the
Town deems appropriate to carry out the purposes of this chapter.
The owner of record of rental housing. In the case of a cooperative
or condominium housing structure, any person having an ownership interest
in the legal entity which holds title to the housing structure and
is entitled to exclusive use of the dwelling unit that is rented.
A building operated as a single entity containing two or
more dwelling units rented on a minimum of a monthly basis (an apartment
house). "Multiple-family dwelling" does not include buildings containing
condominium or cooperative dwelling units, or other attached dwelling
units, where such units are under different ownership.
Any person who has charge, care or control of
rental housing, who is responsible for the daily management of the
facility and who has the authority to make minor and emergency repairs
and receive complaints.
"Operator" includes but is not limited to, any
of the following persons who exercise the foregoing authority and
responsibility: a landlord, lessee, sublessee and any vendee in possession.
"Operator" does not include those persons engaged solely in janitorial
functions.
Any structure or portion thereof, or combination of related
structures and appurtenances, operated as a single entity, which the
owner or operator thereof provides for a consideration one or more
dwelling units. "Rental housing" includes rooming houses, multiple-family
dwelling units, single-family units, accessory apartments, inns, hotels,
motels, individual condominium or cooperative dwelling units, etc.
"Rental housing" does not include nursing homes, hospices, and other
residential medical or psychiatric care facilities.
A person authorized to do the following on behalf
of the landlord/owner:
Make, contract for, and authorize necessary
repairs to the rental housing;
Comply with the orders, notices and requests
of the Town representatives and the Board of Rental Housing Appeals;
Accept all communications, notices, orders and
all types of service of process, including, but not limited to, municipal
infraction citations relating to the rental housing.
The representative may, but need not be, the
operator of the rental housing.
A building containing not more than one dwelling unit. "Single-family
dwelling unit" includes attached dwelling units, where the units are
under separate ownership, including cooperative and condominium units.
Any person who occupies a dwelling unit for living or dwelling
purposes with the landlord's consent and upon payment of the required
rent.
The Town of Manchester or any employee, department, officer
or agency of the Town designated by the Mayor and Town Council to
carry out the duties and responsibilities ascribed to the Town under
this chapter.
Any condition in rental housing which violates this chapter
or any other section of the Town Code of Manchester or any applicable
federal, state or county law, ordinance, regulation or code applicable
to rental housing, including, but not limited to, livability, housing,
sanitation, litter, public health and safety.
This chapter shall apply to all rental housing
within the Town and to all leases and rental agreements concerning
rental housing within the Town, wherever executed. This chapter shall
apply to rental housing owned and/or operated by any public housing
authority and to rental facilities which are subject to federal or
state law, rule or regulation only to the extent that federal or state
law, rule or regulation does not conflict with and is not inconsistent
with the provisions and requirements of this chapter.
A.
The provisions and requirements of this chapter shall
be in addition to any provision or requirement of any other applicable
law, rule or regulation and it shall not be deemed to interfere with,
abrogate, annul, or otherwise affect in any manner any agreements
between parties, unless such agreements conflict with the provisions
of this chapter.
B.
To the extent that the provisions of this chapter
conflict with state general public law, state law shall prevail.
A.
It shall be unlawful to conduct or operate rental
housing within the Town without having first obtained a license to
operate or conduct such rental housing. It shall be unlawful to operate
rental housing within the Town under an expired, revoked, or suspended
license.
A.
Application for a license required hereunder shall
be made by or on behalf of the owner of the rental housing on a form
provided by the Town and shall be accompanied by a fee as may be provided
by resolution of the Council and necessary to cover the additional
administrative costs associated with administering this chapter.
B.
If the owner of the rental housing is a corporation,
the corporation shall be qualified to do business in the state as
provided by state law.
C.
All corporate owners and owners residing more than
50 miles outside the Town limits shall have a representative as defined
herein, who shall reside within 50 miles of the Town and shall certify
to the Town the name, address and telephone number of such representative
and shall keep such information current.
Rental housing shall be inspected upon receipt
of a complaint or as deemed necessary by the Town to enforce this
chapter. Any person may make a complaint about the condition of a
rental property.
A.
Upon enactment of this chapter, existing owners and/or
representatives of rental housing within the Town shall apply for
a rental housing license within 90 days of enactment. The owner of
any property converted to rental housing after the enactment of this
chapter shall apply for a rental housing license within 30 days of
such conversion.
B.
Upon approval of an initial application by the Town,
a rental housing license will be issued. Conditions of approval shall
include appropriate zoning or a conditional use granted by the Manchester
Board of Zoning Appeals and other conditions as determined by the
Board of Rental Housing Appeals.
Absent violations of this chapter or Town Code,
renewal applications shall be approved automatically upon submittal
of the application and payment of the required fee. The rental housing
license shall be valid for a period of two years unless otherwise
revoked or rescinded.
The person to whom the rental housing license
is issued shall display it in the lobby, vestibule, rental office
or other prominent public place on the premises for which the license
is issued during the entire period it is in effect. A telephone number
where the operator or representative thereof may be reached at all
times shall be included on the license. In the case of a single-family
dwelling, it is sufficient if a copy of the license is provided to
the tenant.
Operation of rental housing without a rental housing license shall be punishable as provided in § 161-14. Each day and each dwelling unit shall constitute a separate occurrence.
A.
In the event the holder of a license transfers ownership
of the real property which is the subject of the license or shall
change his address, the holder shall notify the Town within 30 days
of such change.
B.
No license is transferable. Upon sale of rental housing,
the new owner shall file an application for a new rental housing license
accompanied by the appropriate fee.
C.
Whenever the ownership of the rental housing changes,
it shall be the duty of the transferor to notify all tenants of the
rental housing of the name, address and office location of the transferee
and of the transferee's representative.
The landlord, at all times, shall reasonably
provide for the maintenance of rental housing which obligations shall
include, but not be limited to, the following:
A.
Complying with all applicable provisions of all Town
regulations and ordinances governing the maintenance, construction
use or appearance of real property, including compliance with the
Carroll County Minimum Livability Code;
B.
Keeping all areas of the building, grounds, facilities
and appurtenances in a clean, sanitary and safe condition or assuring
that the tenant does so if provision is made for tenant responsibility
thereof by the lease, law, ordinance, or regulation;
C.
Making all repairs and arrangements necessary to put
and keep the dwelling unit and the appurtenances thereto in as good
condition as required by law;
D.
Providing and maintaining appropriate receptacles
and conveniences for the removal of ashes, rubbish and garbage, and
arranging for the frequent removal of such waste, except in the case
of single-family dwelling units;
E.
All buildings, grounds, facilities and appurtenances
must remain in the condition, position and location as they were intended
by their manufacturer or installer. For example, gutters must be attached
to the roof (not hanging down), shutters must hang properly (not by
one nail and hanging crooked), anything painted must be not be chipping,
porch rails must be in their proper/intended position, fences should
be upright, intact, and not rusting, etc.
A.
Failure to comply with the provisions of this chapter
shall be a violation, and each day shall constitute a separate occurrence.
A violation of any provision of this chapter shall constitute a municipal
infraction subject to a fine of up to $100. No penalty shall be imposed
for that period of time when an alleged violation is the subject of
an investigation or before the Board of Rental Housing Appeals, or
when the violation is the subject of an order which is complied with
or when a good faith effort is made to correct the violation or comply
with an order.
B.
A rental housing license may be revoked or suspended
and a renewal may be denied at any time by the Town if the landlord,
after 10 working days' written notice, fails to eliminate or to initiate
good faith efforts to eliminate violations of this chapter or of other
applicable laws, rules or regulations. Revocation, denial or suspension
of a license shall be in addition to, and not in substitution for,
such other penalties as may be provided for violations by any ordinance.
C.
In the event that a license is revoked or suspended
or any application for license renewal is denied, the landlord shall
give any tenants occupying the premises in question 60 days' written
notice to vacate the premises, such period to begin on the first day
of the month following service of such notice. In addition, a copy
of the notice must be delivered to the Town.
Where a person, rather than comply with an order
of the Town or Board of Rental Housing Appeals, chooses to cease to
conduct or operate rental housing, he shall give any tenant occupying
the premises in question 60 days' written notice to vacate the premises,
the period to begin on the first day of the month following service
of the notice. A copy of the notice must be delivered to the Town.
No penalty will be imposed during the sixty-day period that tenants
have to vacate the facility, provided that the holder of the license
to conduct or operate the rental housing relinquishes it and submits
it to the Town.
A.
Any person aggrieved by an action of the Town under
the provisions of this chapter may, within 10 working days of receipt
of written notice of such action, appeal such action to the Board
of Rental Housing Appeals by filing a notice of appeal with the Town
Clerk. Except in the case of the revocation of a license, an appeal
shall not operate to stay the action of the Town unless the action
is stayed by order of the Board for good cause shown.
B.
Within 30 working days of the filing of the notice
of appeal, the Board shall conduct a hearing at which time an opportunity
to be heard shall be given to the person aggrieved. The hearing shall
be open to the public and records and minutes shall be maintained
by the Board.
C.
Unless otherwise provided by Board rules or regulations,
the Board or Board panel shall by order, within 15 working days after
such hearing, either reverse, modify or affirm the action appealed
and shall issue its findings, opinions, and orders in writing and
provide a copy thereof to the parties involved. Any appellant dissatisfied
with the decision of the Board may appeal the decision to the Circuit
Court for Carroll County, however, this appeal shall not stay any
findings, opinions or orders of the Board.
The Board of Rental Housing Appeals of the Town
of Manchester is hereby created and designated as the "Board of Rental
Housing Appeals." The number of members of such Board shall be three,
with one or more alternates. The Board shall be comprised of one member
of the Town Council, one member of the Planning and Zoning Commission,
and one member of the Board of Zoning Appeals, all as appointed by
the Mayor.
A.
The Board shall have the power to hear and decide
appeals where it is alleged that there is an error in any order, requirement,
decision or determination made by an administrative official in regard
to the enforcement of this chapter of the Town Code or of any ordinance
adopted pursuant thereto.
B.
In exercising the above-mentioned power, the Board
may, in conformity with the provisions of law and this chapter and
amendments thereto, reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed from and
may make such order, requirement, decision or determination as ought
to be made.
C.
The Board is also empowered to adopt and promulgate
such rules and regulations as it shall deem necessary in the conduct
of its hearings and the issuance of its decisions or testimony pertaining
to its hearings.
The Board shall be organized and its rules shall
be amended, if necessary, in accordance with the provisions of this
chapter. Meetings of the Board shall be held at the call of the Chairman
and at such other times as the Board may determine. The Chairman or,
in his absence, the Acting Chairman, may administer oaths and compel
the attendance of witnesses. For assistance in reaching decisions
relative to appeals, the Board may request testimony at its hearings
for purposes of securing technical aid or factual evidence from any
Town or county agency. All meetings of the Board shall be open to
the public. The Board shall keep minutes of its proceedings and shall
keep records of all its official actions, all of which shall be filed
in the office of the Board and shall be a public record.
An appeal to the Board may be taken by any person
aggrieved by an administrative official of the Town in the enforcement
of this chapter of the Town Code. Such appeal shall be taken within
30 days after the decision by filing with the Town and with the Board
a notice of appeal, specifying the grounds thereof. The Town shall
forthwith transmit to the Board all the papers constituting the record
upon which the action appealed was taken.
Upon the filing of an application before the
Board, the following action shall be taken preparatory to holding
a hearing hereon:
A.
The Board shall fix a reasonable time for a hearing
of the application on appeal.
B.
Notice of the hearing shall be advertised at least
once in a newspaper having general circulation in the Town of Manchester
and such advertisement shall be made at least 20 days prior to such
hearings.
C.
Property at issue shall be posted conspicuously by
a zoning notice, no less in size than 22 inches by 28 inches, at least
14 days before the date of the hearing.
D.
Notification by certified mail shall be made to the
appellant or petitioner and to the owners of those properties and
the addresses certified on the notice of appeal by the appellant or
petitioner as being contiguous to the property with which the hearing
is concerned.
E.
The Board, upon application in writing by any interested
party filed with the Town no less than 10 days prior to the date of
scheduled hearing, shall visit the specific property involved prior
to the hearing. The Board, in its discretion, may otherwise visit
the specific property prior to or after the hearing.
The Board, following such action above, shall
hold such hearing. At the hearing, any party may appear and be heard
in person or by agent or attorney.
Any person or persons, jointly or severally,
aggrieved by a decision of the Board, may appeal to the Circuit Court
for Carroll County as provided for by state law. The Court may affirm,
reverse, vacate or modify the decision complained of in the appeal
to the extent and as provided for by state law.
A filing fee shall accompany each application
for an appeal to the Board as may be determined by the Mayor and Council
of the Town of Manchester.
