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HomeMy WebLinkAbout1974-07-08 220 AB ORDINANCE320 en Be it ordairwd by Im City FsRarg of City ofBanyor, ae fo xqv Chapter IV of the Laws and Ordinances of the City of Bangor is hereby amended to include: ARTICLE 12 Rental Housing Licenses Section 1 Landlord's License Required: No person, firm or corporation shall after six months from the effective data of this ordinance engage in the business of renting dwelling units n the City of Bangor except under a written Rental Housing License granted by the City Council and issued under the signature of the City Clerk. Licenses will be granted initially for multiple -unit buildings as a whole, but licenses may be revoked either with respect to individual dwelling units which are found to be affected by the applicable. Siola'ti,ons of Section 5, or with respect to the `entire building if the entire building is so affected. 1.1License Fee. The license shall be issued on the payment of a ten dollar fee to the City Clerk and upon compliance by the applicant with the requirements of Section 5.1. In the event of termination or revocation of a license for an entire building or for any unit or units therein, the owner shall be required to apply for a new license for the affected unit or W1t5 under the same terms and Conditions a8 those provided for an initial license application. 1.2 Effective Date of License. A license shall continue in force until the first Monday following e year from the original date of its issuance, or until such license is revoked in accordance with Buy one or more of the terms of Section 6. Introduced by Initiative Petition, duly 8, 1974 CITY OF BANGOR (TITLE.) (@rih3tTL=, To Establish Rental Housing Licensing and _... Be it ordairwd by Im City FsRarg of City ofBanyor, ae fo xqv Chapter IV of the Laws and Ordinances of the City of Bangor is hereby amended to include: ARTICLE 12 Rental Housing Licenses Section 1 Landlord's License Required: No person, firm or corporation shall after six months from the effective data of this ordinance engage in the business of renting dwelling units n the City of Bangor except under a written Rental Housing License granted by the City Council and issued under the signature of the City Clerk. Licenses will be granted initially for multiple -unit buildings as a whole, but licenses may be revoked either with respect to individual dwelling units which are found to be affected by the applicable. Siola'ti,ons of Section 5, or with respect to the `entire building if the entire building is so affected. 1.1License Fee. The license shall be issued on the payment of a ten dollar fee to the City Clerk and upon compliance by the applicant with the requirements of Section 5.1. In the event of termination or revocation of a license for an entire building or for any unit or units therein, the owner shall be required to apply for a new license for the affected unit or W1t5 under the same terms and Conditions a8 those provided for an initial license application. 1.2 Effective Date of License. A license shall continue in force until the first Monday following e year from the original date of its issuance, or until such license is revoked in accordance with Buy one or more of the terms of Section 6. 1.3 Record Rept of Licenses. The City Clerk shall keep a record of all licenses and revocations thereof as well as of all information filed i compliance with the licensing eligibility require- ments as laid out in section 4 below. Section 2. Definitions - In applying and interpreting this Ordinance, the following definitions shall be used: 1. Dwelling Unit. Any building, structure, o part thereof, or land appurtenant thereto, o any othe= real or personal property rented or offered for rent for living or dwelling par - poses, including houses, apartments, roaming or boarding-house units and other properties used for living or dwelling purposes, except: a. Units which a governmental agency or authority owns or operates. b. Units in cooperatives. C. Units in any public institution o college or school dormitory operated exclusively for charitable or educational urposes; or nursing or rest homes, not organized or operated for profit. d. ]nits in any building or structure ontaining no more than two residential nits, one of which is occupied by the owner thereof as his permanent residence. e. Units in hotels, motels, i and tourist homes rented exclusively to transient guests for a period of less than fourteen consecutive days. 2. Emergency Condition. Any condition, dangerous or inlurrous to the health and safety of the occupants of a building, or occupants of a neighboring building, which arise out of any of the following conditions, orcircumstances: a. Lack of adequate and properly function- ing sanitary facilities. I. Lack of adequate and healthy water supply. C. Structural, mechanical or electrical defects which create a hazard of fire, accident or other calamity. d. Failure to maintain every wit of dwelling space and every habitable room therein at a temperature of at least 60 degrees f. during the daytime hours of 6:00 a.m. to 11:01 p.m.or failure to maintain era suit of dwelling space and every habitable room therein at a temperature of at least 55 degrees during the night time hours of 11:00 p.m. to 6:00 a In meeting the prescribed standards the owner shall not be responsible for heat loss in the interior temperature arising out of action by the occupants i leaving windows and doors open to the exterior of the building. Section 3. Rent Licensing Board. 3.1 Board Established. There is hereby established a Rent Licensing Board hereinafter referred to as the "Board." It shall consist of five members appointed by the City Council and who shall serve without compensation at the pleasure of the Council. Membership of the Board shall consist of a landlord, a tenant, and 3 public representatives who shall be neither landlords nor tenants. Every Board member shall be a resident of Bangor. Any conduct or action taken by the Board authorized by this ordinance shall be deemed valid and effective when taken by a majority vote of any three or more members of the Board. 3.2 Duties of the Board. The duties of the Board shall consist of the following: a. Establishing a chairman, who shall have the responsibility of calling meetings. b. Establishing procedure and forms for applications for rental housing licenses and acting upon said applications i accordance with the terms of this ordinance; C. Receiving and acting upon complaints pursuant to the terms of Section 6; d. Conducting license revocation and security deposit hearings at the request of licensees pursuant to the terms of Section 6. e. Receiving, administering and expending security funds deposited pursuant to Section 6.3. I. Examining, in accordance with Section 7, those circumstances and conditions alleged to constitute emergency conditions, and declaring, where applicable, an emergency condition to exist. g. Arranging, in accordance with the terms of Section ], for the prompt repair, maintenance, supply or replacement of those items of structure, equipment, or supplies which are Bary to correct, alleviate or eliminate emergency conditions. h. Maintaining, with the cooperation of the Code enforcement officer, an information bank on the cost and availability of the various services which may be called for in connection with the exercise of the duties of the Board as described in Section 3.2 g above. SECTION 4. Application. To obtain a Renta lHousing license for any building containing one or more dwelling units, the owner of the building or his duly authorized agent shall first file an application in writing on a form furnished by the Board for chat purpose. Every such application shall: a. Identify the address of the dwelling building. b. Identify the names and addresses of all owners and managers of the building. C. State the number of dwelling units in the building. d. List the current rental price of each dwelling unit in the building. e. State, itemized by each dwelling unit, the owner's gross rental income attributable to that building for the previous accounting year. f. state, in itemized form, the amount expended by the owner on capital improvements for that building in the previous accounting year. g. State, in itemized form, all other costs incurred by the owner for that building for the previous accounting year, including but not limited to costs of maintenance, utilities, mortgage obligations, taxes, and insurance. h. state the owner's estimated return on his invest- ment in the property for the previous accounting year, with an explanation of the owner's method of calculating said rate. H i. Be signed by the building ow ers or their authorized agents, who may be required to submit evidence of their authority. Section 5. Rental Housing License 5.1 Requirements for License. a. The Board shall issue a rental housing license for a building within 10 business days after receipt of a completed application therefor, if, after investigation, the Board has found that all of the following require- ments for such license have been met: 1. That no violations of the Bangor Housing Code, the Rules and Regulations of the Fire Chief, or of the State Plumbing Code, are evident upon inspection of the property, and that there is no evidence of any violation of Title 5 Section 4572 of the Maine Revised Statutes in connection with the property. 2. That no tax liens have matured on the property against the owner or his agent. 3. That for the 12 months prior to the date of filing of the application, the owner has furnished to every departing tenant 10 days before his departure (or, where the tenant has given less than 10 days' notice of his departure, within 2 days after his departure) a list of all of the damage beyond normal wear and tear done by the tenant to his dwelling unit during his tenancy, and a demand that the tenant fulfill his obligation to repair said damage. 4:. That for 12 months prior to the data of filing of the application, the owner has furnished to every departing tenant within 30 days of his departure a refund, with interest at the prevailing savings account rate, of any deposit given by the tenant as security for damage done to the dwelling unit, along with an itemized account of the repair costs deducted from Said deposit after the tenant's refusal to repair said damage as requested in accordance with section 5.1 a(3) above. b. The requirements of Sections 5.1 a(3) and 5.1 a(4) may be waived by the Board during the first 12 months of operation of this ordinance. 5.2 Rental Housing License; Contents. The Rental Housing Lice shall be posted c nspiciously near the main entrance to the building, and shall contain the following: a. Rental housing license number. b. The address of the building for which the license is issued. C. The n and address of the owner of the building. d. A description of that portion of the building for which the certificate is issued; and a list of the dwelling units contained in the building. e. A statement that the described portion of the building and each dwelling unit therein complies with the requirements of the Bangor Housing Code, the rules and regulations Of the Fire Chief and of the State Plumbing Code, on the date on which it was issued. f. The name of the person issuing the certificate. g. A statement that the certificate shall not be removed from the place of posting. Section 6 Revocation Of License; Owner's Security De 't. 6.1 Complaints. -lUpon complaint to the Board by a tenant or other interested party Of any of the following conditions, the Board shall within 3 days of receipt of Lee complaint cause an investigation and report to be made by the Cede Enforcement Officer. If the Board determines that good grounds for the complaint exist, the Board shall notify the licensee by certified mail that if said condition is not remedied within 10 days of notification, the rental housing license for the affected dwelling unit or units shall be revoked. Conditions warranting revocation shall be: a. Development in the dwelling of any violation of Maine State Law. b. Maturing of a tax lien on the dwelling property against the pwner of the. property. c. Failure of the Owner or his agent to provide a departing tenant within 30 days of his departure from a dwelling unit within the building with a refund with interest of any deposit given by the tenant as security for damage done to the dwelling wit, together with an itemized account of the repair costs deducted from said deposit after the tenant's refusal to repair said damage. d. Attempt by the owner or his agent to increase the rant charged for any dwelling unit within the building without giving to the tenant residing therein at least 30 days' notice of such rental increase. e. Attempt by the owner or his agent to terminate the service of utilities to any dwelling unit within the building where a tenant resides. f. Trespass by the owner or his agent on any property held by a tenant in the building. g. Refusal by the owner or his agent to deposit security at the request of the Board or to replenish funds in his security deposit account at the request of the Board after use by the Board of the owner's funds for the correction of emergency situations. h. Development of housing code violations within any single building such that ] housing code violation points have accumulated according, to the following point system: 1. Violation of section H-324.2 of the Bangor Housing Code shall conditute a 2 point violation; 2. Violations of sections: H-310.1, H-310.2, H-310.3, H-310.5; H-321.2, H-321.3; H-322.1: H-323.1; H-323.2,3-323.3; H-323.4, H-323.5, H-323.6, H-323.77 H-324.1; H-333.1; H-403.1; H-404.0- and H-405.0 of the Bangor Housing Code shall constitute 3 point violations; 3. Violation of section H-323.8 of the Code shall constitute a 4 point violation; 4. Violations of sections: H-310.4; H-321.1 H-322.2; H-333.2; H-431.0; '1 H -432.0 H-434.01 H-435.0, and H-436.0 of the Code shall constitute 5 point violations; 5. Violations of sections: H-401.1, H -401.2;"H -401.3;p -401.4;"H-402.0, H -402.1;H-403.0{ H-411.0! H-412.0 H-414.01 H -422.Q;, x-923.04H-424.1✓H-425. 0/ H-426.0: H-433.04 H -440.0-;H-441.0 and H-442.,0' of the Bangor Housing Code shall constitute point violations. 6.2 Revocation. I£, within 10 days Of notification t0 a licensee by the Board that a condition has been reported which warrants a license revocation, the licensee has failed to remedy the condition or has failed to request a hearing before the Board On the subject Of the reported condition, which hearing shall be held in no event later than ] business days after receipt of this request, the rental housing license for the affected building shall be revoked by the Board. If the licensee requests a hearing, and the Board determines at the hearing that a condition warranting revocation exists, the rental housing license for the affected wit or units shall be revoked by the Board if such condition is not remedied within three days after the date of the hearings 6.3 Becurit De os it Re uire d. If the aforementioned investrgatiort and report by t e Cede Enforcement Officer reveal to the Board that housing.: cede solations adding up to more than 5 housing code vio. lation points are present within a building, the Board shall notify the licensee by certified mail that unless the licensee requests a hearing before the Board within 10 days Of notification, the owner shall be required to deposit in an account to be opened and managed by the Board as trustees the following amounts as security for the owner's obligation to maintain and repair the property: a. Where the owner Owns between 1 and 10 dwelling units, the Owner shall deposit $100c00 for each dwelling unit. I. Where the Owner Ovens more than 10 dwelling units the Owner shall deposit $1000.00 for the first 10 units and $50.00 for each additional unit. If, within 10 days of said notification, the licensee has failed to request a hearing before the Board n the subject of the reported condition, which hearing shall be held in no event later than J business days after receipt of the request, the Board shall require the appropriate amount to be deposited by the licensee. If a hearing is requested and the Board determines at thehaaring that housing code violations adding up to more than 5 housing code violation,points did in fact exist as reported, the Board shall require the appropriate amount to be deposited by the licensee. The Board shall transfer bianually to any licensee for whom it manages a security deposit account all interest earned by the account at the prevailing savings account sate. In the event that the Board shall have maintained an account for an Owner for 12 months during which time the Board has had to make no emergency expenditures from the fund pursuant to section ], the Board in its discretion may return one half of the amount contained in the account to the owner in question. In the event that the Board shall have maintained an account for an Owner for 24 months during which time the Board has had to make no emergency expenditures from the fund, the Board in its dscretion may return the entire amount contained in the account to the Owner in question. In the event of terminated Ownership or in the event that an owner ceases to :cake available for rent a dwelling unit or units for a period of three months or more, , the Board shall return the appropriate amountto the owner from the security fund maintained on his behalf. Section ]. Emergency Posers of the Board. 7.1 Ex enditurea to Alleviate Emergency Conditions. The Boar shall be auto rrzed to contract reasonably for services, to expend money from the account it maintains as trustee for the Owner of a licensed building or buildings, or, where the funds in the account are sufficient to cover the costs of the required work or where no such account exists, to contract for services which shall be charged to the owner responsible, for the purposes of correcting, eliminating, or alleviating an emergency condition when: a. It has determined the existence of circumstances and conditions alleged to constitute an emergency Condition and has declared emergency conditions to exist; and b. The remedying of the condition is the owner's responsibility; and C. The Owner or the owner's agent, has received personal notice or notice by registered mail Of the circumstances or condition constituting the emergency condition from the Board; and d. NO work has been commenced by the owner or the owner's agent, to correct, eliminate o alleviate the emergency condition within 24 hours after the owner or a ner's agent has received notice as described in paragraph (c( Of this section of the circumstances and conditions constituting the emergency condition; or e. Were work has commended within the 24 hour period referred to in paragraph (d) of this section, but such work has not been completed within 72 hours after work under the applicable circumstance and in the opinion of the Health Officer or the Building Inspector could have been completed within 72 hours; or f. Where the Board has otherwise determined that the owner or owner's agent has failed to make a good faith effort to correct, eliminate or alleviate the emergency condition. 7.2 Notice of Expenditures. In the event the Board spends money from any deposit as authorized by this Ordinance thus reducing the amount in the account, the Board shall immediately notify the owner or owner's agent to bring that account up to the originalrequired amount with the Board. In the event that the Board contracts for emergency services to be paid for by the owner because no account exists for him or because the funds in his account are sufficient to pay for the required services, the Board shall immediately notify the owner or owner's agent that such payment is required, and the Board shall further require said owner to deposit security according to Section 6.3 above. Section B. Postina. The rental housing license shall be posted in a nspicious place on the premises and shall not be removed except by the Code Enforcement Officer. At the time of the posting of the license every tenant residing within the dwelling most be given the opportunity to purchase a copy of the city of Bangor Housing Code, and a copy of this ordinance. Copies of the code will be furnished by the Code Enforcement Officer at a price of 50 cents per copy, or the cost of printing, whichever is less. A cover sheet shall be included and shall state, at a minimum: a. That the owner/landlord has certain responsibilities, enumerated in the housing code, toward the condition of the dwelling units; and b. That the tenant has certain responsibilities, enumerated in the housing code, towards the condition of the dwelling unit. Section 9. Penalties. Any owner or agent who attempts to collect rent from a tenant after the Rental Housing License for that dwelling has expired or who fails to comply with My mandatory provision of this Ordinance shall be guilty of a violation of this ordinance, punishable by a fine of one hundred dollars for each separate offense. Section lo. Appeals. if the Board revokes or fails to issue a Rental Housing License as provided herein, the dwelling owner or his agent may appeal the decision of the Board to the District Court. In the event that an appeal is taken from a license revocation by the Board, the licensee shall be entitled to collect rent during the pendency of the appeal. Section 11. Severability. If any section, sub -section, paragraph, sentence = other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not impair or invalidate the remainder inder of this Ordinance, n but shall be confined i its effect to the section, sub -section, paragraph, sentence, or other part of this Ordinance directly involved in the controversy in which such judgment shall have been rendered. Section 12. Effective nate. This ordinance shall became effective on the 31st day after passage. IN CITY COUNCIL July B, 1974 Received 1st reading, this mesas was taken out of Order, deferred until action was taken on item 231 M. It Was voted that all necessary steps be taken to submit this ordinance to the Yotera at the next regular M++ election pursuant to Order 231 AN which was introduced under suspension of rules and passed. CITY C 220 As ORDINANCE "I f TITM,1 xm rst. rental roar w ucenaim a a Rent licensina Hoard C4s�SQ�, 7l This artanaem i9 aarzctty estrmsed RECEIVED 1374 JUL-2 6N I0:24 CITY CI ERN'S OFFICE CITY Op AAMOOR, MAINE