[Adopted 11-14-2007 by Ord. No. 2007-17]
The provisions of this article govern procedures for owners of dwelling units in the Town who violate provisions of the Housing and Property Maintenance Code repetitively in a twenty-four-month period.
As used in this article, the following terms shall have the meanings indicated:
DWELLING UNIT
A single unit providing living facilities for one or more persons, including permanent provision for living, sleeping and sanitation.
HABITUAL OFFENDER
Any person owning one dwelling unit, who shall pay a fine assessed by the department of building, housing and zoning or be found guilty of violating Chapter 116, Housing Standards, or Chapter 165, Property Maintenance, on three separate occasions within a twenty-four-month period.
PERSON
Any individual, partnership, firm, corporation, association or other legal entity of whatsoever kind and nature.
RENTAL
Leasing or allowing occupancy or usage of a dwelling unit, either directly or by an agent, in consideration of value, including personal services, paid or tendered to or for the use or benefit of the lessor.
A. 
The owner of a nonrental dwelling unit who becomes a habitual offender shall be subject to inside and outside inspection of the dwelling unit by the Code Enforcement Official. The dwelling unit shall receive an annual inspection, at a minimum, during each of the next five years for a fee to be determined by resolution of the council from time to time.
B. 
After an owner of a nonrental dwelling unit becomes a habitual offender, all fines levied under Chapters 116 or 165 for the dwelling unit shall be tripled until the habitual offender designation is removed.
C. 
After completion of five consecutive annual inspections with no violations under Chapters 116 or 165, then the habitual offender designation shall terminate for that owner of a nonrental dwelling unit. If violations under Chapters 116 or 165 continue, then the habitual offender designation shall continue for that owner of the nonrental dwelling unit.
D. 
If the full amount of the inspection fees due to the Town are not paid by the owner within 30 days after billing, then the Code Enforcement Official shall cause a lien being placed upon the real estate.
A. 
Fines and occupancy.
(1) 
After an owner of a rental dwelling unit becomes a habitual offender, all fines levied under Chapters 116 or 165 for that dwelling unit shall be tripled until the habitual offender designation is removed.
(2) 
After an owner of a rental dwelling unit becomes a habitual offender, the occupancy of that dwelling unit by unrelated persons shall, in appropriate zones, be permanently reduced to two unrelated persons, not including the children of either of them.
B. 
License and fees.
(1) 
A license shall be required for a rental dwelling unit which is the subject of the habitual offender designation for a fee of $200. The license and license fee shall be required for five consecutive years, unless the rental dwelling unit changes ownership to a legal entity which is not owned or controlled by the habitual offender and the new owner corrects all violations of Chapters 116 or 165, or the dwelling unit receives five annual inspections with no violations of Chapters 116 or 165. The habitual offender designation then terminates for that owner of the rental dwelling unit. If violations under Chapters 116 or 165 continue, then the habitual offender designation shall continue for that owner of the rental dwelling unit.
(2) 
If violations under Chapters 116 or 165 continue for one year after the habitual offender designation, then the owner's license under Chapter 130 shall be revoked for the subject rental dwelling unit, and the owner shall give 60 days' notice to vacate to the tenants of that rental dwelling unit. The owner of the rental dwelling unit may correct all violations of Chapters 116 or 165, and after inspection and payment of a fee of $300 to the Town, the owner's license for that rental dwelling unit shall be reinstated.
C. 
The owner of a rental dwelling unit who becomes a habitual offender shall be subject to inside and outside inspection of the dwelling unit by the Code Enforcement Official. The dwelling unit shall receive an annual inspection during each of the next five years for a fee to be determined by resolution of the council from time to time.
D. 
If the full amount of the inspection and license fees due to the Town are not paid by the owner within 30 days after billing, then the Code Enforcement Official shall cause a lien being placed upon the real estate.
Designation as a habitual offender shall be a civil offense and not a criminal offense.