A.
The Town Manager or his/her designee (Code Enforcement Officer or
third-party inspector) is authorized to conduct inspections to ensure
compliance with all provisions of this Code.
B.
Unoccupied dwellings. The inspector shall have the right of entry
at any reasonable hour upon the premises. The inspector shall have
the authority to inspect all unoccupied rental dwelling units upon
giving 24 hours' notice to the owner, landlord or property manager.
C.
Occupied dwellings. The inspector will have the authority to inspect
any occupied rental dwelling unit upon 48 hours' notice, or with
immediate notice at any time when, upon reliable information, the
inspector has reason to believe that violations of this Code or state
law exist which could constitute serious threats to life, safety,
health, or property.
A.
Schedule for biennial inspections.
(1)
Inspections of all rental dwelling units will be performed biennially
based on the ward in which the RDU is located.
(2)
More frequent inspections can occur if the authorized inspector determines
that an immediate or imminent danger may exist that poses a risk to
the health and safety of the tenants.
The legal owner of record for a property may request the removal
of the entire property from the Town's rental licensure program
by filling out the Town's removal request form. This request
must include the reason for the removal and be completed by the owner
of record.
Any license issued under the provisions of this article may
be revoked or suspended at any time for good cause, including but
not limited to any of the following:
A.
Failure to comply with any provisions of this chapter and any applicable
policies, directives or ordinances;
B.
Failure to allow required inspections;
C.
False or misleading information given or provided in connection with
the application;
D.
Failure to timely pay any assessed fee(s);
E.
Failure to maintain good financial standing with the Town; and/or
F.
Failure to correct violations within the time period(s) prescribed
within this Code.
The Town Manager shall notify a licensee that its license has
been suspended or revoked, along with the reason for said suspension
or revocation. Notification shall be made by all of the following:
certified mail, USPS delivery, and posting of the notice at the Residential
Dwelling Unit address. The notice shall state that the licensee has
the right to appeal the suspension or revocation in writing within
10 business days of notification. Upon receipt of a written appeal,
the Town Manager shall proceed with scheduling an appeal hearing as
provided below:
A.
Notice of the above-described hearing shall be served on the licensee
by certified mail, and US Postal delivery, and shall also be posted
at the location of the licensed RDU not less than five business days
before the date of said hearing.
B.
The hearing shall be conducted by the Board of Adjustment, in the same manner as outlined in Town Code Chapter 116, Housing Standards, § 116- 19, Appeals, affording the licensee an opportunity to appear to address the charges. The Board of Adjustment shall make the final decision in writing, including findings of fact and conclusions of law, and shall serve such decision via certified mail and US Postal Service delivery on the licensee within 30 business days following the conclusion of the hearing. The notice shall be given by certified mail and USPS delivery. The decision of the Board of Adjustment shall be the final administrative action.
