[1]
Editor's Note: Former § 140-26, When tenant authorized to withhold rent, was repealed 5-10-2011 by Ord. No. 482. Said ordinance also amended the title of Art. V.
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.
[1]
Editor's Note: Former §§ 140-30, Tenant’s affidavit, 140-31, Notice to establish effective date of withholding proceedings, 140-32, Payment of withheld rent to New Castle City Office, 140-33, Failure to pay rent to the City Office; initiation of prosecution against the landlord, 140-34, Using withheld rent to correct violations, 140-35, Forfeiture of withheld rent, and 140-36, Eviction proceedings prohibited during duration of the proceedings, were repealed 5-10-2011 by Ord. No. 482.
A. 
No person shall conduct or operate or cause to be operated, either as owner, lessee, or agent, or in any capacity within the City, any residence for rent (rental property) without having first obtained a rental housing business license from the Public Services Department. The fee for the rental housing business license shall be set from time to time by resolution of the City Council.
[Amended 5-10-2011 by Ord. No. 482]
B. 
By February 1, 2004, the owner, lessee, or agent of each residential rental property shall have made application for a business license with the Department of Public Services. Such business license shall be renewed annually, by January 1 of each year thereafter and will remain in effect until renewed or until the unit is vacated by the named tenant.
[Amended 11-14-2006 by Ord. No. 441]
C. 
Penalty for failure to pay license fee. In the event that any person shall fail to pay a license fee when required under this chapter, a penalty of 10% per month on the original fee shall be exacted. All license fees shall be paybable before January 31 for the year for which they are issued.
[Added 5-10-2011 by Ord. No. 482[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections C and D as Subsections D and E, respectively.
D. 
For the purposes of this code the term "person" shall refer to an individual, person, firm, partnership, association, corporation, company, organization or entity of any kind.
E. 
No rental business license is required if the tenant is the landlord's parent, son, daughter, sibling, grandchild, grandparent, or in-law, and he or she or his or her family are the sole residents of the rental unit.
A. 
Application for a rental housing business license shall be made to the City on forms provided by the Department of Public Services stating the address of the rental property or unit, the owner, agent, and any other person to be accountable for noncompliance, and his or her address, phone number, and date of birth, as well as the information required in Chapter 156 of the City Code.
B. 
The City shall maintain records of all business license forms.
C. 
Any change of ownership of a rental unit must be reported to the Department of Public Services within one week.
D. 
Violation of this § 140-38 of this Code shall be punishable by a fine of not less than $100 each day that a rental property is not licensed, and each day shall be considered a separate offense.
[Amended 5-10-2011 by Ord. No. 482]
E. 
A flat fee shall be assessed for each dwelling unit. Such fee shall be set from time to time by resolution of the City Council.
[Amended 11-14-2006 by Ord. No. 441; [1] 8-11-2009 by Ord. No. 465]
[1]
Editor's Note: This ordinance also repealed former Subsections F and G which provided for license fees.
F. 
At the time the application, written documentation must be supplied by the applicant, denoting the following:
[Added 11-14-2006 by Ord. No. 441]
(1) 
Number of bedrooms in the dwelling unit.
(2) 
Area (in square feet) of each dwelling unit.
(3) 
Name of occupying tenants, or a statement that the dwelling unit is vacant.
(4) 
Number of tenants per dwelling unit, if residential.
G. 
When vacant dwelling units are filled, information for Subsection F(3) and (4) above shall be submitted to the City within 30 days of new occupancy.
[Added 11-14-2006 by Ord. No. 441]
H. 
Any agreement, contract, lease or sublease which provides for or permits, allows, contemplates or facilitates occupancy by more persons than permitted in the current ordinance in force shall be deemed as unlawful and is hereby declared to be contrary to public policy.
[Added 11-14-2006 by Ord. No. 441]
[Added 11-14-2006 by Ord. No. 441[1]]
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.
[1]
Editor's Note: This ordinance also renumbered former § 140-39 as § 140-40.
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.