§ 156.16 Certificate Of Structure Compliance And Rental Permit

1. Certificate and Permit Required for Rental Property. It is a violation of this Code for any person to let to another for rent and occupancy any dwelling, dwelling unit, duplex, multiple dwelling, rooming unit (except a rooming unit or units within owner-occupied, single-family dwellings, containing no more roomers than permitted by the Zoning Ordinance), or rooming houses unless:

A. The owner or operator holds a valid certificate of structure compliance, issued by the Department of Housing and Inspection Services, applicable to those portions of the specific structure used for residential rental purposes.

B. The owner or operator holds a valid rental permit, issued by the Department of Housing and Inspection Services, in the name of the owner or operator, applicable to those portions of the specific structure used for residential rental purposes.

2. Certificate of Structure Compliance.

A. Scope of Certificate; Transfers; Contents. The certificate of structure compliance shall be a permanent document, except as noted below, which, when issued, shall satisfy the requirements of Sections 156.17 and 156.18 of this chapter. The certificate shall be transferable at the time of a change in ownership and shall remain a part of the Tiffin property file as a matter of public record. The certificate, in and of itself, shall not be interpreted as granting the owner or operator the privilege of letting the structure for residential occupancy but must be accompanied by a valid rental permit. The certificate of structure compliance shall state the date of issuance, type of structure for which the certificate is being issued, and street address of the structure to which it is applicable. All dwelling units and rooming units being let for rent and occupancy without a valid certificate of structure compliance or application for the same on file with the City and fees paid may be ordered vacated.

B. Application for Certificate. The owner or operator shall file, in duplicate, an application for a certificate of structure compliance with the Department of Housing and Inspection Services on application forms provided by the inspector.

C. Issuance of Certificate. When the provisions of Sections 156.17 and 156.18 of this chapter have been complied with by the owner or operator, the Department of Housing and Inspection Services shall issue a certificate of structure compliance upon payment of a fee, the amount of which shall be set by resolution of the City Council.

D. Revocation of Certificate. The certificate of structure compliance shall be permanent, except when there has been fraud, collusion or illegality in the inspection process applicable to this certificate of structure compliance or when there exists a material and substantial noncompliance with Section 156.17 or 156.18 of this chapter which directly affects the health and/or safety of the occupants therein. The inspector or any other individual who believes that there exist grounds for revocation may petition the Appeals Board to revoke the certificate of structure compliance. The burden of proof shall be upon the party seeking the revocation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place, and time of the Appeals Board’s consideration of the petition and may appear and defend. Upon final determination by the Appeals Board, a certificate of structure compliance may be modified to reflect the compliance of each dwelling unit and/or rooming unit with Sections 156.17 and/or 156.18 of this chapter or may be revoked in whole or in part.

3. Rental Permit.

A. Scope of Permit; Transfers; Contents. A rental permit shall be a document indicating compliance with Section 156.19 of this chapter at the time of issuance and shall be valid for a specified period of time. The document shall be transferable from one owner or operator to another at any time prior to its expiration, termination, or revocation. The owner or operator shall notify the Department of Housing and Inspection Services of any change of interest or ownership in the property within 30 calendar days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event that the Department of Housing and Inspection Services has not been notified of such conveyance or transfer within the designated period of time, the rental permit shall be transferred from one owner or operator to another only upon payment of a fee, the amount of which shall be established by resolution of the City Council which shall be assessed to the new owner or operator. The rental permit shall state the date of issuance, the address of the structure to which it is applicable, the name of the new owner or operator to which it is applicable, and its new expiration date. All dwelling units and rooming units being let for rent and occupancy without a valid rental permit may be ordered vacated.

B. Application for Permit. The owner or operator shall file, in duplicate, an application for rental permit with the Department of Housing and Inspection Services on application forms provided by the inspector.

C. Issuance of Permit. When all provisions of Section 156.19 of this chapter have been complied with by the owner or operator, the Department of Housing and Inspection Services shall issue a rental permit upon payment of all permit and reinspection fees, the amounts of which shall be established by resolution of the City Council.

D. Expiration of Permit; Extensions. Rental permits shall be valid through the expiration date contained thereon. However, extensions shall be granted to cover any time period between the stated expiration date and the period of time permitted by the inspector to remedy any violations cited subsequent to a maintenance inspection, provided a rental application is on file with fees paid.

E. Revocation of Permit. The Appeals Board shall consider the revocation of a rental permit upon the expiration of a rent escrow account if petitioned by the inspector for such revocation. The owner or operator of the affected property shall be properly notified of the petition for revocation and shall be notified of the date, place, and time of the Appeals Board’s consideration of the petition and may appear and defend. The Appeals Board may revoke a rental permit upon a finding of a violation of any provision of Section 156.19 of this chapter.

4. Hearing Upon Denial of Certificate or Permit. Any person whose application for a certificate of structure compliance or rental permit has been denied may request, and shall be granted, a hearing on the matter before the Appeals Board. Application for the appeal hearing must be made within ten (10) calendar days of receipt of the written notice of denial.