A.
It shall be unlawful to conduct or operate rental housing without
having first obtained a license to operate or conduct such rental
housing. It shall be unlawful to operate rental housing under an expired,
revoked or suspended license.
C.
Where a
single-family dwelling unit contains, or is attached to, one or more
accessory apartments, the owner or agent shall apply for a multiple-family
dwelling license. Rental of rooms that do not meet the standards of
accessory dwellings do not require a multiple-family dwelling 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.
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 an agent, as defined herein, who shall
reside within 50 miles of Town limits, and shall certify to the Town
Manager the name, address and telephone number of such agent and shall
keep such information current.
Upon receipt of a complaint, the Town Manager shall forward
the complaint to the Carroll County Minimum Livability Inspector,
or take other action as deemed necessary 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 agents of
rental housing within the Town shall apply for a rental housing license.
This application shall be made no more than 90 days after enactment
of this chapter.
B.
Upon approval of an initial application by the Town Manager, a rental
housing license will be issued. Conditions of approval shall include
appropriate zoning, or a conditional use granted by the New Windsor
Board of Zoning Appeals, and other conditions as determined by the
Board of Rental Housing Appeals.
C.
Each tenant shall be provided a copy of the rental housing license
for his or her premises, upon taking possession of the unit.
Absent violations of this chapter or the 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or rescinded.
Operation of rental housing without a rental housing license
shall be a municipal infraction subject to a fine of up to $100. Each
day and each living unit shall constitute a separate occurrence.
A.
In the event the holder of a license transfers ownership or changes
his address, the holder shall notify the Town Manager 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 agent.
A.
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:
(1)
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. This shall include, but is not limited to, securing
proper certificates and permits for all construction or renovation.
(2)
Keeping all areas of the building, grounds, facilities and appurtenances
in a clean, sanitary and safe condition, unless provision is made
for tenant responsibility thereof by the lease, law, ordinance or
regulation.
(3)
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.
(4)
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.
(5)
Assuring that the rental housing, including the building, grounds,
facilities and appurtenances, is not used for unlawful purposes, to
include, but not be limited to, the harboring of fugitives, the evasion
of persons from the service of warrants, the shelter of juvenile runaways,
the housing of illegal immigrants or for criminal enterprises or activities,
such as the manufacture and distribution of illegal substances.
(6)
Assuring that all buildings, grounds, facilities and appurtenances
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 sufficiently
attached and/or hanging crooked), anything painted must not be chipping,
porch rails must be in their proper/intended position, fences should
be upright, intact, and not rusting, etc.
A.
A rental housing license may be revoked or suspended, and a renewal
may be denied, at any time by the Town Manager 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.
B.
In the event that a license is revoked or suspended or any application
for license renewal is denied, and the landlord of the premises for
which the license had been issued or applied for chooses to cease
renting the facility regulated hereunder, he 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 Manager.
C.
In the event the State Fire Marshal, Carroll County Minimum Livability
Inspector or properly authorized official of the Carroll County Health
Department determines that the conditions of a rental housing unit
are unfit for human habitation due to such conditions as fire, flooding,
structural failure, lack of electrical power, lack of water or lack
of heat, the Town Manager may revoke the rental housing license immediately.
In the event of such revocation, any subsequent appeal shall not stay
the enforcement action. The property may not be occupied until determined
fit for human habitation. In the event that the malfeasance, misfeasance
or nonfeasance of the landlord has caused the conditions making the
unit unfit for habitation, then the landlord shall provide alternative
housing to any tenants during the term of such appeal.
If a person, rather than comply with an order of the Town, state
or county official or the Board of Rental Housing Appeals, chooses
to cease to 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 the holder of the license
to conduct or operate the rental housing relinquishes it and submits
it to the Town Manager.
