A tenant or occupant of a dwelling unit which
he/she believes to be in violation of the Housing and Property Maintenance
Code of the City of New Castle shall present to the Code Official
a City complaint form containing the following information:
A. The name and address of owner.
B. A description of the alleged violation.
C. A statement as to what actions the tenant has taken
to correct the problem.
D. The address of the unit in question.
E. Signature of the tenant making the complaint. (NOTE: An unsigned complaint will not allow a tenant action under Article
V.)
[Amended 5-10-2011 by Ord. No. 482]
Upon receipt of a complaint, the Code Official
shall inspect the dwelling unit described therein. The Code Official
shall issue an order directing the correction of violations, which
are found to exist on the premises. He/she will also notify the owner
or operator that violations exist which are judged by the Code Official
to constitute a constructive eviction of the tenant.
[Amended 5-10-2011 by Ord. No. 482]
If, upon reinspection of a dwelling unit after proper notice to the owner or operator and a reasonable compliance period, some or all of the violations cited in such notice have been found not corrected, and if, in the opinion of the Code Official, such owner or operator has not made a reasonable effort to comply with such notice, such owner or operator may be subject to the penalties outlined in §
140-40.
[Added 11-14-2006 by Ord. No. 441]
A. On-site inspections will be made by the Code Officer,
or authorized deputy, of each newly registreed vacant dwelling unit
rental housing business license application, prior to occupancy, to
assure that said dwelling unit is in compliance with the provisions
of this chapter.
[Amended 5-10-2011 by Ord. No. 482]
B. Each dwelling unit is subject to inspection prior
to occupancy of a new tenant.
[Amended 5-10-2011 by Ord. No. 482]
C. An additional inspection will be done upon a formal
complaint.
D. The current Property Maintenance Code, as adopted
and amended by the Code, will be the guideline for all inspections
to determine compliance.
E. All existing dwellings over 75 years old on January
1, 2007, may use the existing buildings and structures provisions
of the applicable IBC or IRC.
F. The cost for the initial inspection will be included
in the rental housing permit fee. Additional inspections to assure
compliance, or as required hereunder, will be made at additional cost
to the owner for each inspection. The fee for said inspections shall
be set from time to time by resolution of the City Council.
[Amended 8-11-2009 by Ord. No. 465]
G. A record of each inspection will be kept on file in
the Building Department and maintained until replaced by a new inspection
report.
H. Nothing in this chapter shall preclude that other
inspections may be made by the Code Official in the regular performance
of his or her duties.
I. No inspection that is not, in the opinion of the Code
Official, an emergency shall be conducted with less than a seven-day
written notification to the property owner.
Unless otherwise set forth, fines for violation
of this chapter shall be up to $500 for each offense. Each day of
violation shall constitute a separate offense.