Section 15.09.050 Certificate of dwelling maintenance and occupancy permit.

It is unlawful for any person, firm or corporation to occupy, or permit to be occupied or to collect the rental from any occupied dwelling unit for more than thirty-seven (37) days without obtaining a certificate of dwelling maintenance and occupancy permit ("certificate" or "dwelling certificate") from the building commissioner of the city. No person, firm or corporation shall occupy, or allow the occupancy or collect the rental of any dwelling unit if such certificate has been revoked.

A. For purposes of this code an on-premises inspection shall be required and a dwelling certificate required for each of the following events or occurrences:

1. Change in Dwelling Unit Occupancy. Whenever there is a change in occupancy of any structure containing a dwelling unit, an application for a certificate shall be made by the owner thereof or by his duly authorized agent or representative and filed with the building commissioner. If a certificate was previously issued for such structure within a twelve (12) month period prior to the change in occupancy, a new certificate for the change in occupancy shall be required, however a reinspection shall not be required.

2. New Dwelling Unit Structures. A structure intended for dwelling purposes hereafter erected, or harbored in the case of mobile homes, shall not be used or occupied in whole or in part until a certificate shall have been issued by the building commissioner as required by this code.

3. Structures Hereafter Altered. Any structure or part thereof containing a dwelling unit, or proposed to contain a dwelling unit, that is hereafter enlarged, extended or the floor plan is altered shall not be occupied or used as a dwelling place until a certificate shall have been issued by the building commissioner under this code.

4. Complaint Received. Upon receipt of a complaint filed by a tenant occupying the dwelling unit complained of, provided, however, in the event the dwelling unit is found to be in compliance with code, then and in that event, the tenant will be responsible for payment of the required inspection fee due under this code.

5. Notwithstanding anything contained in this section of this code to the contrary, a certificate of use and occupancy issued by the building commissioner under the authority given and requirements stated in the city’s building code (chapter 15.08 of the city’s municipal code) will be considered and is expressly distinguished from a certificate of maintenance and occupancy permit under this code. However, such certificate of use and occupancy required for newly constructed dwellings under the building code shall be honored as an alternative to a dwelling certificate required by this code.

B. Exempt Property. Notwithstanding anything contained in the preceding subsection A of this Section of this code, no on-premises inspection shall be required and a dwelling certificate shall not be required for newly constructed dwellings for which a certificate of use and occupancy has been issued by the building commissioner under the authority given and requirements stated in the city’s building code until after the lapse of five (5) years following the date of the issuance of said certificate of use and occupancy.

C. The Contents of Certificate. When a dwelling unit is entitled thereto, the building commissioner shall issue a certificate of dwelling maintenance and occupancy permit within thirty (30) days from written application therefor. The certificate shall certify compliance with the provisions of this code, shall state the maximum number of occupants permitted to occupy the dwelling unit in accordance with the provisions of city ordinances, street address or other means of identification, date of issue, and such other information as the building commissioner shall deem appropriate for the implementation of this code.

D. By Whom Application is Made. Application for a certificate of building maintenance and occupancy permit required by this code shall be made by the owner of the structure containing the dwelling unit or by his duly authorized representative. If the application is made by a person other than the owner in fee, it shall be accompanied by a signed statement of the applicant to the effect that the applicant is authorized by the owner in fee to make such application. The full names and addresses of the owner or the name and address of the responsible party if the owner is a corporation, trust or other type of legal entity that is not a natural person and the name and address of the applicant shall be stated in the application.

The application for such certificate shall be submitted in such form as the building commissioner prescribes and shall be filed with the building commissioner within seven (7) days of the occurrence of whichever of the events described in subsections (A)(1) through (A)(4) of this section require an inspection and issuance of a certificate.

E. Action on Application. The building commissioner, his agent and duly qualified representative, shall examine or cause to be examined all applications for certificate of dwelling maintenance and occupancy permit and shall inspect or cause to be inspected the structure subject of the application within thirty (30) days time after filing. If the application and the structure conforms to the requirements of all pertinent laws of the city, the building commissioner shall issue the certificate within said thirty (30) days.

F. Scheduling of Inspections--Utility Services. Inspections and reinspections shall be scheduled for normal work days of the city and between the hours of eleven (11:00) o’clock a.m. and four (4:00) o’clock p.m. local time, excepting for the hour from twelve (12:00) o’clock noon to one (1:00) o’clock p.m.

Appointments for inspection and/or reinspection shall be made for time(s) of mutual convenience of the applicant and the building commissioner whenever possible and within the time frames specified above. It shall be the responsibility of the owner or the owner’ s agent or tenant to provide access to the structure and to dwelling unit(s) therein within seven (7) days from the date of request by the city for gain of entry and free access, otherwise the provisions of Section 15.09.070(B) shall be invoked, including penalties.

Water and electric utility services connections, and gas utility service connection, if applicable, shall be in service at the time scheduled for inspection and reinspection for the purpose of inspection of matters regulated by city building codes, including the city electrical code (Chapter 15.32) and the city plumbing code (Chapter 15.40).

G. Unscheduled Inspections. Nothing in this code shall be construed to prevent the building commissioner from performing inspections at unscheduled, random intervals or spontaneous frequency in furtherance of the implementation of this code, particularly in the instance of complaints brought to his published attention, or in the course of a block or multi-block survey, or in the event of obvious cause.

H. Fees. The fee(s) for a certificate shall be as fixed by the city council from time to time as in the annual fee ordinance of the city. (Ord. 1686 § 1 (part), 1998)

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code. , Prior Text)