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.