No owner, agent or person in charge of a dwelling or dwelling
unit offered for rent shall allow any person to occupy the same as
a tenant or lessee or for a valuable consideration unless he holds
a valid certificate of compliance issued by the Town Manager or his
or her designee for the specific dwelling or dwelling unit. Every
certificate of compliance shall expire at the end of two years following
the date of issuance unless the unit is rated as "exceeds standards,"
in which case the certificate of compliance expires five years following
date of issuance. The "exceeds standards" category rating is based
upon the unit receiving an "exceeds standards" overall rating in the
three critical inspection categories of exterior, dwelling unit and
landlord cooperation.
Upon request of the owner, agent or other person authorized
to rent a dwelling unit (hereinafter referred to as the "applicant"),
the Town Manager or Enforcement Official will be available at an appointed
time, agreed upon by himself and the applicant, or later if the applicant
requests, to inspect such dwelling or dwelling unit. If such inspection
establishes that the dwelling or dwelling unit is in substantial compliance
with the Housing Code, he shall issue a certificate of compliance
for said dwelling or dwelling unit. One copy of the certificate of
compliance shall be handed to or sent to the applicant; a second copy
shall be posted by the owner or his designated agent in a conspicuous
location inside the dwelling or dwelling unit for the information
of the tenant and shall not be removed by or at the direction of anyone
other than the tenant; and a third copy shall be kept on file in the
files of the Zoning Enforcement Officer.
If said dwelling or dwelling unit does not comply with the Housing
Code standards, the Town Manager or Enforcement Official 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 or dwelling unit. Upon the representation
of the applicant that the listed violations have been corrected, the
Town Manager or Enforcement Official shall reinspect said dwelling
or dwelling unit and issue a certificate of compliance or a list of
violations, as above provided.
Any applicant who is delayed in correcting violations necessary
to entitle him to a certificate of compliance and who has a valid
contract, in writing, with a person for the performance of the work
may petition the Town Manager or the Enforcement Officer, in writing,
for a temporary waiver of compliance with no fee being required. The
petition shall contain the information therein which is reasonably
necessary for a decision and shall include a written and signed statement
by the person under contract to correct the violation, specifying
the date of beginning and completion of the work. If the Town Manager
or the Enforcement Officer shall find that the delay in the correction
of the violation is reasonable, taking into consideration the availability
of persons to do the work and the current work load, and that the
work can reasonably be undertaken and completed while the premises
are occupied or that appropriate provision has been made for housing
the tenant elsewhere during the necessary period when the dwelling
or dwelling unit will not be habitable because of the work of correcting
the Housing Code violation, the Town Manager or the Enforcement Officer
shall issue a temporary waiver of compliance, not to exceed 90 days,
expiring on that date that is 90 days from the issuance of the waiver.
The applicant shall, on or before that said date, request a reinspection.
The Town Manager or the Enforcement Officer shall reinspect the dwelling
or dwelling unit and issue the certificate of compliance or list any
remaining violations as above provided.
Any applicant who deems himself aggrieved by the decision of the Town Manager or the Enforcement Officer may, by written request to the Hearing Officer pursuant to §
155-49 et seq. and without payment of a fee, have the entire matter heard by it on his/her original petition. After hearing the applicant, his witnesses, his counsel, if any, the Town Manager or Enforcement Official and any witnesses he may produce and his counsel, if any, the Hearing Officer shall, if it shall find the existence of all the required prerequisites to the granting of a temporary waiver of compliance by the Town Manager or Enforcement Official, direct him to issue such a waiver.
Any owner, agent or other authorized persons who shall let for
occupancy any dwelling or dwelling unit in the Town of Rocky Hill
who does not hold a valid certificate of compliance from the Town
Manager or the Enforcement Officer may, upon conviction, be punishable
by a fine of not more than $100 for each and every day that such violation
continues.
The provisions of this article shall not apply to the letting
for occupancy of any dwelling or dwelling unit that is new construction
for a period of 10 years; that has undergone total renovation for
a period of 10 years; that has undergone substantial restoration for
a period of seven years; or to any dwelling unit which was inspected
under the provisions of this section within two years of the date
of letting.