Article 18-2 . ADMINISTRATION AND ENFORCEMENT

ARTICLE II. ADMINISTRATION AND ENFORCEMENT

DIVISION 1. GENERALLY¹

18-15 Registration required.

(a) The owners of all rental units subject to inspection pursuant to Section 18-16 and the hosts of all short term rentals shall be required to file a registration application and fee with the enforcement agency, which shall be renewed annually on or before April 1.

(1) All owners or hosts must complete a rental property information form to be provided by the enforcement agency which contains the following information:

a. The address of the property.

b. The number of dwelling units at that address.

c. The number of rental units at that address.

d. The maximum number of residents or guests in each rental unit.

e. The number of sleeping rooms in each rental unit.

f. The number of vehicles owned or used by residents or guests at the premises and the number of parking spaces that are dedicated for the rental units at the property.

g. The name, address, phone number, email address, date of birth, drivers license and state and military status (active or not) of the property owner, and if the owner is a corporation, the registered corporate agent and the president of the corporation and their name and address, and if the owner is a partnership, the registered partnership agent, and the names and addresses of the general partners.

h. The name, address, phone number, and email address, of:

1. Any local (within Chittenden County) managing agent. All owners or hosts who do not live within Chittenden County are required to designate a managing agent located in Chittenden County who is empowered to represent the owner or host in matters concerning compliance with this chapter.

2. An emergency contact for this property. All properties must have an emergency contact within Chittenden County.

3. A designated person within the state for service of process for this property. All owners or hosts who do not live within Chittenden County are required to designate a managing agent located in Chittenden County for service of process.

4. If any of the individuals designated pursuant to this subsection move out of Chittenden County or leave Chittenden County for more than thirty (30) days during the rental unit’s annual registration period, the owner or host shall submit updated contact information to the enforcement agency.

(2) All owners of rental units rented for thirty (30) days or more (i.e., other than short term rentals) must also provide the following information:

a. The number of families living in each rental unit.

b. The number of unrelated adults in each rental unit.

c. State yes or no to the following question: If the number of unrelated adults above is greater than four (4), do those adults purport to reside in the rental unit as a "functional family" as that term is defined in the Burlington Zoning Ordinance?

(3) All hosts of short term rentals must also provide the following information:

a. The number of whole unit or partial unit short term rentals within the building, or in the case of multiple buildings on a parcel of land, on the entire lot.

b. For hosts who are tenants, the name, address, phone number, email address, date of birth, drivers license and state and military status (active or not) of the host, and written permission from the owner of the rental unit that the tenant may register it as a short term rental.

c. Written proof of the host’s primary residence. For hosts who are owners of the short term rental, this shall be proven by a declaration of homestead pursuant to 32 V.S.A. § 5410. For hosts who are tenants, the enforcement agency may accept other written proof of permanent residency at its discretion, relying on criteria such as the address listed on the host’s drivers license, car or voter registration forms, on utility bills or bank accounts, or on the host’s individual tax returns.

(b) Upon purchase or transfer of property containing a rental unit, or upon a change in the host of a short term rental, the purchasers, transferees, or new host shall file a new registration application and a fifty dollar ($50.00) fee. The payment of this fee shall cover one (1) or more rental properties being transferred to a new owner or host on the same date.

(c) Prior to occupancy of any newly constructed rental unit or conversion of use to a rental unit, the owner or host shall file an application for registration with the agency and pay the required fee which shall be the pro rata portion of the fee due for that year based on the date of registration.

(d) It shall be a violation of the city minimum housing ordinance for an owner or host of any rental unit within the city to fail to register a rental unit as required by this section.

(e) Property owners and hosts shall have a continuing obligation to notify the enforcement agency of any changes in the information required under subsection (a) of this section during the periods between the required filings of the registration applications.

(f) In addition to registration requirements for all rental units noted in subsections (a) through (e) of this section, all short term rentals shall be subject to the following standards:

(1) A host may register their primary residence as one (1) whole unit short term rental or the host may register up to three (3) rooms within their primary residence as a partial unit short term rental.

(2) In buildings or lots with less than five (5) dwelling units, a host may register a dwelling unit within the same building or lot as their primary residence as one (1) whole unit short term rental.

(3) A host may register a dwelling unit that is not within the same building or lot as their primary residence as one (1) whole unit short term rental only if either:

a. The dwelling unit is indicated as a seasonal home by the Burlington assessor; or

b. The dwelling unit is within a building with two (2) or more dwelling units and the host rents another dwelling unit within the same building or lot, in excess of any applicable required inclusionary units, that meets the affordability criteria of Article 9, Inclusionary Zoning, of the comprehensive development ordinance or is rented to a tenant receiving Federal or State rental assistance.

(4) A host may not register more than one (1) whole unit short term rental. If a host registers one (1) whole unit short term rental that is not their primary residence, they may still rent a partial short term rental in their primary residence. A host who is a tenant may only register a short term rental in their primary residence. A host may not use multiple corporations or other entities to register more than one (1) whole unit short term rental.

(g) The enforcement agency shall create and maintain a registry of all rental units that includes the registration data required by subsection (a) of this section. Upon request and at least annually, the enforcement agency shall provide to the city council a summary of the registry, including the number of registered rental units, the number of registered short term rental units, and any other requested data collected by the registry.

(Ord. of 4-12-93; Ord. of 4-24-95; Ord. of 9-11-00; Ord. of 6-27-22)

18-16 Inspection required.

The enforcement officer or their delegate shall make inspections of rental units within the city, including hotel and motel rooms which are regularly let to the same tenant(s) for a period of thirty (30) days or more, for the purpose of determining whether a violation of this chapter exists.

Excluded from periodic inspection shall be all owner-occupied dwellings containing one (1) or two (2) rooms which are rented out for compensation and partial unit short term rentals. Also excluded from inspection are university and college dormitories that conduct regular, comprehensive inspection programs and annually certify compliance with the minimum housing standards ordinance to the enforcement agency. Inspections of dwellings and dwelling units other than those that are subject to periodic inspections, or of hospital rooms, hotel and motel rooms or dormitories not subject to periodic inspections as provided for in this section, shall be made only upon complaint or upon request of the owner thereof.

All records, including inspection reports, records of complaints received and investigated, and plans for inspections of rental units, shall be available for public inspection.

(Ord. of 4-12-93; Ord. of 9-11-00; Ord. of 6-27-22)

18-17 Administration of housing inspection program.

The director of the enforcement agency is the enforcement officer of the provisions of this chapter. The enforcement officer may take such measures as are necessary for the proper administration of the chapter. The enforcement officer may delegate his/her powers and duties under this chapter to an appropriate administrator or any inspector designated by the agency.

(Ord. of 4-12-93)

18-18 Certification of compliance or interim rental permit required.

(a) The owner of a rental unit subject to inspections pursuant to Section 18-16 shall not rent, offer for rent or allow any person to occupy any dwelling or dwelling unit without a certificate of compliance or interim certificate.

(b) Upon the expiration of a certificate of compliance or the creation of a rental unit that is not a newly built or substantially renovated unit that has been issued a certificate of occupancy, the enforcement agency shall have been deemed to have issued an interim certificate for each rental unit; provided, that the owner has submitted a completed registration application, paid all registration fees for all rental units on the property and paid all other fees owed pursuant to this chapter. Although a single certificate may be issued listing all of the rental units located within a particular property, a separate and distinct certificate shall be considered to have been issued for each rental unit. The interim certificates shall be valid until the unit is inspected. During the term of the interim certificate, the agency shall contact the property owner or agent to schedule an inspection of the rental property. Once an inspection has been conducted, the agency shall issue a certificate of compliance and/or any such other appropriate orders pursuant to this chapter. If the property owner fails to schedule an inspection as requested by the agency, the interim certificate shall be revoked. Rental properties that have outstanding orders to correct violations as listed in Section 18‑19(g) or (h)(1)—(8), are exempt from this subsection, and thus may not receive an interim certificate. Prior to the issuance of any certificate of compliance, all registration and other fees owed pursuant to this chapter shall be paid to the agency.

(Ord. of 4-12-93; Ord. of 8-14-95; Ord. of 9-11-00; Ord. of 12-1-14(1))

18-19 Issuance of certificates and permits; terms of inspection.

(a) All current certificates of compliance or interim certificates will remain in effect until a new certificate is issued pursuant to the terms of this section unless the certificate expires due to the failure of an owner to (1) file a timely registration application or pay all fees owed pursuant to this chapter by April 1, the time of registration, or (2) the certificate is suspended or revoked pursuant to the provisions of Section 18-20 or (3) the owner fails to schedule a periodic inspection.

(b) The agency shall issue a certificate of compliance which shall expire five (5) years from the date of issuance for rental properties that have been newly built or substantially renovated, such certificate of compliance becoming effective on the same date as the certificate of occupancy for the property is effective. Rental property shall be deemed substantially renovated if the cost of renovation exceeds fifty (50) percent of the assessed value of the building prior to renovation. The certificate shall apply to all rental units within the rental property.

(c) The agency shall issue a certificate of compliance which shall expire five (5) years from the date of issuance for rental properties that have had a periodic inspection and no violations of the minimum housing standards were found. The certificate shall apply to all rental units within the rental property.

(d) Upon completion of a periodic inspection of a rental property, if an individual unit contains five (5) or fewer violations of the minimum housing standards and no major or life-threatening violations and if the violations are all corrected within the time set for compliance, the agency shall issue a certificate of compliance which shall expire four (4) years from the date of the agency’s notice of compliance. The certificate shall apply to all rental units within the rental property.

(e) Upon completion of a periodic inspection of a rental property, if an individual unit contains between five (5) and ten (10) minimum housing standards violations but no major or life-threatening violations, and if the violations are all corrected within the time set for compliance, the agency shall issue a certificate of compliance which shall expire three (3) years from the date of the agency’s notice of compliance. The certificate shall apply to all rental units within the rental property.

(f) Upon completion of a periodic inspection of a rental property, if an individual unit contains up to ten (10) violations of the minimum housing standards that are not major or life-threatening violations and the violations are corrected but not within the time set for compliance, the agency shall issue a certificate of compliance which shall expire two (2) years from the date of the initial periodic inspection that found the violations. The certificate shall apply to all rental units within the rental property.

(g) Upon completion of a periodic inspection of a rental property, if an individual unit contains more than ten (10) minimum housing standards violations or is found to have any of the following conditions, and the violations are all corrected within the time set for compliance, the agency shall issue a certificate of compliance which shall expire one (1) year from the date of the initial periodic inspection that found the violations or conditions:

(1) The physical condition or use of any dwelling constitutes a public nuisance;

(2) Any physical condition, use or occupancy of any dwelling or its appurtenances is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;

(3) Any dwelling that has unsanitary sewage or plumbing facilities;

(4) Any dwelling that is designated as unsafe for human habitation or use;

(5) Any property that is a fire hazard or is manifestly unsafe or unsecured as to endanger life, limb or property; including significant life safety violations such as missing smoke alarms and blocked escapes and exits;

(6) Any dwelling from which the plumbing, heating or other facilities required by law have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective, or the required precautions against trespassers have not been provided;

(7) Any property that is unsanitary or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or

(8) Any dwelling that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent of not providing shelter; in danger of collapse or failure and dangerous to anyone on or near the dwelling.

The certificate shall apply to all rental units within the rental property. In the event that the rental property with this number of violations or conditions is substantially rehabilitated and receives a certificate of occupancy, the provisions of subsection (b) of this section shall apply.

(h) Upon completion of a periodic inspection of a rental property, if an individual unit contains more than ten (10) minimum housing standards violations or is found to have any of the following conditions, and the violations are completed but not within the time set for compliance, the agency shall issue a certificate of compliance which shall expire six (6) months from the date of the initial periodic inspection that found the violations or conditions:

(1) The physical condition or use of any dwelling constitutes a public nuisance;

(3) Any dwelling that has unsanitary sewage or plumbing facilities;

(4) Any dwelling that is designated as unsafe for human habitation or use;

(5) Any property that is a fire hazard or is manifestly unsafe or unsecured as to endanger life, limb or property, including significant life safety violations such as missing smoke alarms and blocked escapes and exits;

(7) Any property that is unsanitary or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or

(i) Nothing in this section shall preclude the inspection of said properties more frequently than the term of the certificate of compliance.

(j) The issuance of a certificate of compliance by the agency for a term of less than three (3) years shall be an order that is subject to appeal as provided in Sections 18-25 and 18-42.

(Ord. of 4-12-93; Ord. of 8-14-95; Ord. of 9-11-00; Ord. of 12-1-14(1))

18-20 Suspension and revocation of certificate.

(a) Suspensions. Under the terms and provisions of this section, an owner’s certificate of compliance for one (1) or more rental unit(s) may be suspended for up to one (1) year for failure to comply with the requirements of this chapter and the fault for noncompliance is determined to rest with the landlord, not the tenant(s). Suspensions may be carried over into a new certificate term. If suspensions have been imposed for at least one-half (1/2) of the total number of rental units located within the property, the enforcement officer may apply the suspension of the certificate of compliance to the entire rental property. The election of the enforcement officer to proceed under this section shall not prevent the enforcement officer from electing to file any action allowed under Section 18-31 or take any other lawful action necessary to enforce this chapter. A certificate of compliance shall only be suspended upon a notice from, hearing before, and order of the housing board of review.

(1) Suspension for noncompliance with Article II of this chapter (Administration and Enforcement). A certificate of compliance may be suspended in the event that an owner fails to take the following actions as required by the provisions of Article II of this chapter after having been given two (2) notices of the particular failure within a six (6) month period:

a. Register a rental unit;

b. Pay registration, relocation, or reinspection fees;

c. Schedule an inspection.

(2) Suspension for noncompliance with Article III of this chapter (Minimum Standards). A certificate of compliance may be suspended in the event that an owner is found to have violations of the city’s minimum housing standards and the owner fails to abate the violation in the time required by the inspector without having appealed the finding or received an extension to abate the violation.

(3) Suspension for noncompliance with an order of a fire, health, building, electrical, or plumbing official, city or State, related to the protection of health or fire prevention and building safety. A certificate of compliance may be suspended in the event that an owner fails to bring a rental unit into compliance with an applicable fire, health, building, electrical, plumbing code, standard, rule, ordinance, or statute after being ordered to do so by a duly authorized fire, health, building, electrical, or plumbing official without having appealed the finding or received an extension to abate the violation.

(4) Suspension for repeated criminal disturbances occurring on the rental property. A certificate of compliance may be suspended where a resident of a rental unit or their invitees are:

a. Adjudicated by a criminal court, with finality, to have violated federal or Vermont criminal law on the rental property on at least three (3) separate occasions within a twelve (12) month period; and

b. Each adjudication involved disturbing the right of other residents of the property to the undisturbed use and enjoyment of the property, or disturbing the right of neighbors to the undisturbed use and enjoyment of their property; and

c. The landlord has failed to attempt appropriate remedial action reasonably calculated to prevent the recurrence of the disturbances from emanating from the rental unit or rental property after being notified of the adjudications.

(5) Suspension for repeated public nuisances. A certificate of compliance may be suspended where a resident of a rental unit or their invitees are:

a. Adjudicated by a court of competent jurisdiction, with finality, to have, on at least three (3) separate occasions within a twelve (12) month period, violated Sections 21-12, 21-13, 21-17, 21-19, and 21-28; and

(6) Exclusions.

a. Where an adjudicated crime or violation of listed ordinance involved coercion, abuse, or violence against a resident, neither that resident nor their unit shall be the subject of any notice of a suspension/revocation request based on such adjudication. This includes activity relating to, but not limited to, domestic violence, dating violence, sexual assault, or stalking if the resident is the victim or threatened victim of such activity.

b. Where an adjudicated crime involves the violation of a federal law on marijuana and the behavior so adjudicated is not a violation of Vermont law, then the adjudication shall not be counted as an adjudication under subsection (a)(4)(a) of this section and shall not be a basis for a notice of suspension/revocation.

(7) Eviction and notice of termination of tenancy shall not be considered to be an appropriate remedial action unless other documented appropriate remedial action(s) have been taken and those actions have failed to end the criminal disturbances.

(8) Nothing in subsection (a)(4) or (5) of this section shall be construed to take away any rights and responsibilities that an owner or tenant has under the Vermont Residential Rental Agreement Act or other applicable federal or State law.

(b) Revocation. An owner’s certificate of compliance for the entirety of a rental property may be revoked for the remainder of its term but in no case for a period of less than one (1) year upon a hearing before, and order of, the housing board of review if the provisions of this subsection are satisfied. Revocations may occur under the following circumstances:

(1) More than one (1) suspension within eighteen (18) months; or

(2) The failure to immediately commence the correction of a life threatening violation, or to immediately put in place the interim protections ordered by the minimum housing enforcement officer or a duly authorized fire, health, building, electrical, or plumbing official in order to preserve health, safety and welfare of those endangered by said violation; or

(3) To fail to complete the correction of a life threatening violation within the time frame specified by the enforcement officer.

(1) Notice of request. The enforcement officer shall file a request for an order of suspension or revocation with the board providing a description of the property for which action is sought, the basis under this section for the action, a short statement providing factual support for the basis, and a request for a hearing. The enforcement officer shall send a copy of the request to all the persons designated as the owner on the rental registration form, the person on the registration form listed as the person receiving service of process, and tenants of the subject rental unit or, if applicable, rental property. The copy sent to the tenants may be addressed to the "residents" unless the enforcement officer is in possession of a listing of tenants currently residing in the unit or the rental property, in which case the copy shall be sent to those tenants by first class mail. If the enforcement officer is in possession of a listing of tenants currently residing in the unit or property, the officer shall provide that list to the board for use in all notices required under this section. The enforcement officer shall also post a copy of the request in a prominent and conspicuous common area of the rental property.

(2) Notice of hearing. Notice of a hearing shall be sent by the board to all the persons designated as the owner on the rental registration form, the person on the registration form listed as the person receiving service of process, and any property manager at the address provided on the rental registration form. Notice of the hearing shall also be sent by the board to the tenants. The notice to the tenants may be addressed to the "residents" unless the board is in possession of a listing of tenants currently residing in the unit or the rental property, in which case the copy shall be sent to those tenants by first class mail. The enforcement officer shall also post a copy of the request in a prominent and conspicuous common area of the rental property.

(d) Hearings. A suspension or a revocation hearing shall be held pursuant to the provisions of Article II, Divisions 2 and 3 of this chapter. In addition to the rights of owners to be heard as provided for by Article II, Divisions 2 and 3 of this chapter, residents of the affected building shall have the right to be heard, to present evidence, and have their arguments considered at the suspension hearing.

(e) Orders. The board shall determine if each of the essential elements required for the requested action has been satisfied by a preponderance of the evidence. The determination of appropriateness of the remedial actions taken shall, in addition to subsections (a)(6) and (7) of this section, take into account the rights and responsibilities of owners and tenants under the residential rental agreement laws of the State of Vermont or other applicable federal or State laws and the full range of lawful options available to each under such laws. The order shall specify the time period the certificate of compliance is suspended or revoked for and the means by which the rental unit or property shall be managed during the term of suspension or revocation. The order shall also determine if it is necessary for the tenants of a rental unit to be relocated during the effectiveness of any suspension. An owner may request that the board vacate the order and reinstate the certificate after the suspension has been in effect for at least half of its scheduled duration under the following conditions:

(1) Vacation of the order issued under subsection (a)(2) or (3) of this section may be granted if the entirety of the violation(s) which resulted in the suspension has been rectified.

(2) Vacation of an order issued under subsection (a)(1) of this section may be granted if the owner shows by a preponderance of the evidence that the conditions that led to the failure(s) to comply have been abated and are not likely to be repeated.

(3) Vacation of an order issued under subsection (a)(4) or (5) of this section may be granted if the owner shows by a preponderance of the evidence that the owner has sufficient controls, consistent with the rights and responsibilities of owners and tenants under the residential rental agreement laws of the State of Vermont or other applicable federal or State laws and the full range of lawful options available to each under such laws, necessary to prevent a repeat of the conduct that led to the suspension.

(4) Vacation of an order issued under subsection (b)(1) of this section may be granted if the owner shows by a preponderance of the evidence that the conditions that led to the suspensions have been abated and are not likely to be repeated. Vacation of an order issued under subsection (b)(2) or (3) of this section may be granted if the violation(s) has been rectified or the protections put into place and the underlying conditions are not likely to be repeated and the protections are likely to remain in place.

(f) Protection of tenants during suspension or revocation. If, in the judgment of the board, it is necessary for the tenants of a rental unit to be relocated during the effectiveness of any suspension/revocation ordered, the owner shall be financially responsible to pay for the cost of such relocation to comparable housing that meets code requirements during the relocation, as those costs are defined in Section 18-28. In the event that the owner fails to meet its obligations under this subsection, such costs shall be paid by the city and the costs and charges incurred shall constitute a lien upon the land upon which the dwelling or dwelling unit is situated, thereby becoming effective against any purchaser, mortgagee, attaching creditor, lienholder or other person whose claim or interest in the property arises subsequent to the recording of the lien and shall be enforced within the time and in the manner provided for the collection of taxes on land. The enforcement officer shall take all actions required under Sections 18-26 and 18-28 needed to provide tenants with the protections provided under this section. The owner shall also be liable for an administrative fee of fifty dollars ($50.00) for the cost of administering this section, such fee to be included in the lien.

(g) Person responsible for management during suspension or revocation. The board shall designate the person through which a unit or property is managed during the period of suspension or revocation. This manager must be in compliance with the provisions of this chapter throughout their term as manager. The board shall designate one (1) of the following persons to be the manager, as recommended by the enforcement officer, upon a determination of appropriateness:

(1) A relative or business associate;

(2) A property management company or similar entity; or

(3) The property owner in the limited circumstance when there is only one (1) rental unit in a multi-unit property; provided, that safeguards are in place so that compliance with this subsection is ensured.

In addition, the board may also authorize the enforcement officer to petition the Vermont Superior Court to appoint a temporary manager of the property until the suspension/revocation has expired and request that the court shall advance the petition so it may be heard and determined with as little delay as possible.

(h) Rent/funds. During the term of suspension or revocation the rent due for the affected units or property shall be collected from the tenants by the appointed manager. The manager shall apply the rental funds in the following order of priority:

(1) To compensate the appointed manager;

(2) To correct the violations which led to the creation of the suspension or revocation;

(3) For repairs and maintenance to the property;

(4) To meet property tax and other municipal charges collected as taxes on land;

(5) To remit to the owner in order to meet obligations owed to any mortgage holder or other creditor having a secured interest in such rental unit or property; and

(6) To remit to the owner any and all remaining rental revenues.

Fifteen (15) percent of rents per month per unit may be charged by the appointed manager as compensation.

(i) Annual reporting. The housing board of review shall, as part of its annual report to the city council, report on the number of requests submitted, hearings held and the number of residents known to have been affected.

(Ord. of 6-25-18(2); Ord. of 10-15-18)

Editor’s note—An ordinance adopted June 25, 2018, repealed and replaced § 18-20, which pertained to suspension and revocation of certificate and derived from ordinances adopted September 11, 2000, and December 1, 2014.

18-20.1 Reserved.

Editor’s note—An ordinance adopted Dec. 1, 2014, repealed § 18-20.1 which pertained to renewal of interim certificates of compliance and derived from ordinances adopted Apr. 12, 1993, and Sept. 11, 2000.

18-21 Availability of certificate.

Upon the request of an existing or prospective tenant, the owner or the owner’s agent shall produce the certificate of compliance. A copy of all certificates issued under this chapter shall be displayed on the premises at all times.

(Ord. of 4-12-93; Ord. of 9-11-00)

18-22 Authority to enter dwellings for inspections.

(a) In the enforcement of this chapter, the enforcement officer and inspectors may enter, examine and survey all rental units within the city that are subject to periodic inspections pursuant to Section 18-16 at any reasonable time between the hours of 8:00 a.m. and 5:00 p.m. The owner and occupant shall cooperate with the agency so that such inspections shall be made so as to cause the least inconvenience to the owner or occupant of the rental unit, consistent with the efficient performance of the duties of the agency. The agency shall notify the owner of a rental unit in writing, at the address provided by the owner on the registration application, of its intention to schedule an inspection. The owner shall contact the agency to arrange for an inspection within fourteen (14) days, and shall provide the occupant(s) with notice of an inspection not less than forty-eight (48) hours prior to the actual inspections as provided in 9 V.S.A. Section 4460. During the inspection, the owner shall provide access to the rental units.

(b) If the inspector has reason to believe that an emergency situation exists tending to create an immediate danger to the health, welfare or safety of the occupants of any dwelling or dwelling unit or the general public, he may enter, examine and survey the dwelling unit at any time.

(Ord. of 4-12-93; Ord. of 9-11-00)

18-23 Authority to obtain search warrants.

If entry for inspection is resisted or refused, a search warrant for entry may be issued by the Vermont District Court upon presentation of affidavits establishing probable cause. Probable cause shall be considered established upon a showing that:

(1) The dwelling or dwelling unit has not been inspected in more than a year;

(2) The dwellings or dwelling units in the same building or under the control of the same owner are in violation of this chapter;

(3) A violation of this chapter has been previously found in the dwelling or dwelling unit sought to be entered and the agency has no reason to believe that the violation has been corrected; or

(4) A complaint has been filed with the agency and the agency has been barred or refused entry.

(Ord. of 4-12-93)

18-24 Investigation of complaints.

The enforcement officer or his/her delegate shall investigate each complaint received by the enforcement agency within seven (7) business days of its receipt to determine if violations exist and to commence correction of same. There shall be a written record of each complaint which includes the source of the complaint, the findings of the investigation and the action taken, if any. The name of any complainant shall be considered confidential information unless the complainant requests otherwise. If no violations exist at the time of inspection, this finding shall be noted on the written record and the case closed. A copy of the inspector’s written record shall be made available to the property owner on request. However, the name of the complainant shall be removed unless the complainant otherwise requests.

It is expressly provided that both owners and occupants may complain to the inspectors of violations under this chapter and all such complaints shall be treated in the same manner.

(Ord. of 4-12-93; Ord. of 9-11-00)

18-25 Orders.

Where any inspection of the property by a duly authorized city code official, fire inspector, law enforcement officer or health officer indicates that a violation of [the chapters listed below] exists, the inspecting officer or his delegate shall issue a written order notifying the party responsible of the existence of the violation and the measure required to correct or eliminate it as soon as possible.

Chapter/ Sec. No.	Title or Subject of Violation
Ch. 8	Buildings and building construction
Ch. 13	Fire protection and prevention
§ 13-1	The Vermont Fire Protection Building Code
Ch. 14	Solid Waste
Ch. 17	Health
Ch. 18	Housing
Ch. 21	Offenses and miscellaneous provisions
§ 21-1	Abandoned iceboxes
§ 21-17	Emission of smoke
§ 21-19	Keeping unwholesome, noisome or offensive houses or places
§ 21-24	Urination and defecation in streets
§ 21-26	Posting indecent show bill, advertisement, sign or notice
§ 21-28	Use of buildings by disorderly persons
§ 21-29	Defacing buildings
§ 21-34	Keeping house of prostitution
Appendix A	Zoning (on file with the city)

Where there is a violation which materially affects health and safety, the enforcement officer will also notify the affected occupants of the rental units of the existence of said violation. At the discretion of the agency, the order may require the violations to be corrected within sixty (60) days or less unless otherwise noted in this Code or require that the premises be vacated and secured until the dwelling or dwelling unit meets the standards of this chapter. The latter requirement shall be based on a finding that the premises are a serious danger to the health, welfare and safety of the occupants or the general public. Orders may further direct:

(1) That the premises be repaired so that they meet the standards of this chapter.

(2) That the premises are unfit for human habitation because they constitute a serious danger to the health, welfare and safety of the occupants or the general public, and the dwelling unit be vacated and secured until the dwelling or dwelling unit is repaired so that it meets the standards of this chapter.

(3) That the premises are unfit for human habitation because they constitute a danger to the health, welfare or safety of their occupants or the general public, and that the dwelling be demolished pursuant to the provision of chapter 8 of this Code.

(4) Each order shall include notification to the party responsible for the violation of the administrative appeal procedure under this chapter. Any appeal of an inspector’s order to the housing board of review shall be given priority in scheduling on the board’s agenda.

(5) When an owner or other person responsible such as a manager or receiver appeals an action of the enforcement officer or an inspector to the housing board of review, a temporary certificate shall be issued pending the board’s decision, unless the board determines that the action of the inspector shall not be stayed.

(Ord. of 4-12-93; Ord. of 9-11-00; Ord. of 2-23-09)

18-25A Procedures for adoption of equivalency protocols for the Minimum Housing Code.

(a) The code enforcement office may adopt and thereafter administer health and safety protocols with respect to any provision of the minimum housing code, provided such protocols establish substantially equivalent requirements for achieving health or safety as those standards contained in Division Three (Minimum Standards) of the minimum housing code. Such protocols are intended to provide owners with flexibility in meeting health and safety standards for housing while affording occupants substantially the same protection as those contained in the Code. Each protocol shall set forth one or more of the following means for achieving substantial equivalency to the Code: an exception, an alternative, an equivalent system or a variance from the strict requirements of the minimum housing code.

(b) Determination of whether protocols should be adopted for any particular section of the minimum housing code may be initiated by the code enforcement office, or may be requested by the mayor or the city council or required by the adoption or amendment of an ordinance. In addition, the code enforcement office shall consider the adoption of a protocol upon receipt of a request for the same by petition of any ten (10) residents of Burlington who either own or rent property which is let to another for occupancy. If the code enforcement office rejects such a petition, it shall specify the reasons for the rejection, including any technical reasons why the particular provision of the Code is not susceptible to equivalent standards for compliance and inform the petitioners of their recourse under the ordinance.

(c) No protocol shall be adopted or subsequently amended pursuant to this section without public notice of the proposed protocol and an opportunity for public comment with respect to the proposed protocol or any amendment thereof. All public comments shall be considered by the code enforcement office and a copy of the public comments shall be available to the public at least fifteen (15) days prior to the time the protocols are adopted or amended, but nothing herein is intended to imply that the code enforcement office must adopt any or all public comments.

(Ord. of 2-18-03)

18-26 Service.

(a) When the agency investigates and issues an order pursuant to Section 18-22, or provides notice that a fee is due, inspection must be scheduled or another action is required such order or notice shall be sent to the owner of the dwelling or dwelling unit, or to the agent, administrator or executor of the owner, by regular mail to the address of the owner provided on the registration application. If the owner has failed to register the rental unit or where the agency determines that the nature of the violations requires immediate service, notice shall be made by posting a copy of the order or notice in a conspicuous place of the dwelling or in the building in which the dwelling unit is located. Orders shall take effect from the date of posting or within three (3) days of the date the letter was mailed to the owner, whichever is earliest. In the case of those instances where occupant or owner or other responsible party is in violation of standards relating to maintenance or services such as heating, sanitation, fire safety or extermination, or where the responsible party is failing to maintain or perform an obligatory activity, the agency may issue an immediate order by hand delivery or by posting with mailed delivery to follow. The agency may send a copy of the order or otherwise notify the owner (if the occupant is the party responsible for the violation) or the occupant (if the owner is the party responsible for the violation) requesting that the owner and occupant cooperate with the agency to correct the violation.

(b) Orders issued pursuant to Section 18-25, or a notice thereof that identifies the order and states the name of the owner as grantor, the City of Burlington as grantee, a statement that the order may be examined in the office of the agency during business hours—with the address and phone number stated, and a tax map lot number or other description describing the property, shall be recorded in the office in which the deed to the property on which the dwelling unit is located is recorded, thereby becoming effective against any purchaser, mortgagee, attaching creditor, lienholder or other person whose claim or interest in the property arises subsequent to the recording of the order. Once the violation(s) is certified by the agency to be corrected, such orders or notices may be removed from the record or otherwise indicated in the land records as having been corrected.

(Ord. of 4-12-93; Ord. of 12-1-14(1))

18-27 Reinspection.

Within fifteen (15) business days after the date on which required repairs are to be completed, but no later than thirty (30) days after the order is posted or received, the agency shall determine if the order issued has been complied with. Copies of any reports and orders made following reinspection shall be sent by regular mail to the owner and occupant of the dwelling or dwelling unit. If the order has not been complied with and if a written extension by the agency has not been granted or if an appeal to the housing board of review has not been taken, the agency shall issue a report and order and commence legal action against the party responsible for the violation. If the order has not been complied with and if a written extension has not been granted, a reinspection fee shall be billed to the owner and/or a notice thereof recorded, and shall constitute a lien on the rental property, thereby becoming effective against any purchaser, mortgagee, attaching creditor, lienholder or other person whose claim or interest in the property arises subsequent to the recording and shall be enforced within the time and in the manner provided for the collection of taxes on land. If the repair is of a violation that is not major or life threatening, the enforcement officer may allow the property owner to self certify that the repairs have been done. Such self certification will be done by [on] a form provided by the enforcement officer and shall be subject to perjury. If a property owner self certifies completion of a repair, any enforcement officer shall be entitled to spot check the property to confirm completion of the repair.

(Ord. of 4-12-93; Ord. of 9-11-00; Ord. of 12-1-14(1))

18-28 Relocation services.

(a) In the event that any person is displaced from a dwelling or dwelling unit by enforcement of this chapter, including, but not limited, to any suspension or revocation of a certificate pursuant to Section 18-20 unless it is clearly determined by the enforcing agency that the tenant is responsible for the circumstance(s) that led to the order for relocation, the owner shall be responsible for paying the costs of relocation of the displaced person or persons.

(b) Notice of the displacement and relocation costs shall be given to the owner, or to the agent, administrator or executor of the owner, in the same manner as that provided for service of orders in Section 18-26.

(c) Costs shall include all reasonable costs of relocation of the displaced person or persons, including, but not limited to, moving expenses, required security deposits, required utility deposits and pro rata portion of any rent paid by the tenant for the month during which the relocation occurs.

(d) If the owner fails to pay the relocation costs within three (3) business days from the date of receipt of the notice of the costs or the date of posting of the costs, whichever is earliest, the agency shall pay such costs and the costs and charges incurred shall constitute a lien upon the land upon which the dwelling or dwelling unit is situated, thereby becoming effective against any purchaser, mortgagee, attaching creditor, lienholder or other person whose claim or interest in the property arises subsequent to the recording and shall be enforced within the time and in the manner provided for the collection of taxes on land. In addition to the actual costs of relocation, the owner shall also be liable for an administrative fee of fifty dollars ($50.00) for the cost to the agency of administering this section, such fee to be included in the lien. The agency shall provide notice to the owner of the costs and fees due in the same manner as required for orders.

(Ord. of 4-12-93; Ord. of 9-11-00; Ord. of 12-1-14(1))

18-29 Retaliatory eviction.

(a) No owner shall evict any tenant, regardless of the rental period, because of a complaint lodged by or on behalf of such tenant with an inspector concerning a possible violation by the owner of the standards outlined in this chapter, when upon inspection pursuant to Sections 18-22 or 18-24 a violation is found to exist. Any filing of notice to vacate or service of an action for eviction or ejectment on a tenant or any other attempted eviction within ninety (90) days from the date such violation is certified by the inspector to be corrected or at any time if such violation is not so certified as corrected shall be presumed to be in violation of this section, and the burden of proof shall be on the owner to establish that the filing of such complaint was not the reason for the attempted eviction.

(b) No owner shall evict any tenant, regardless of the rental period, because of any public statement or written testimony concerning landlord/tenant problems or other aspects of such legal relationship represented by or on the direct behalf of any such tenant to any governmental body, board, commission or committee which is considering any aspect of landlord/tenant relationships. Any filing of notice to vacate or service of an action for eviction or ejectment within ninety (90) days from the date of such public statement or written testimony shall be presumed to be in violation of this section, and the burden of proof shall be on the owner to establish that such public statement or written testimony was not the reason for the attempted eviction.

(Ord. of 4-12-93)

18-29a Termination of rental housing tenancy; rental housing rent increase.

(a) In any case where there is no written rental agreement, no landlord may terminate a tenancy of rental housing without cause unless at least 90 (ninety) days’ advance written notice to the tenant(s) has been provided in situations where the tenancy has been less than two (2) years in duration, nor may any such termination occur without at least one hundred twenty (120) days’ advance written notice to the tenant(s) in situations where the tenancy has been for two (2) or more years.

(b) Unless inconsistent with the terms of a written rental agreement, no tenant may terminate a residential tenancy without providing actual notice to the landlord at least two (2) rental periods in advance of the termination date specified in such notice.

(c) No increase in rent for rental housing within the city shall be effectuated without at least 90 (ninety) days’ advance written notice to the tenant(s).

(d) The provisions of this section do not apply to short term rentals, except that if a host terminates an existing tenancy in a rental unit or refuses to renew a written rental agreement for the purpose of converting a rental unit to a short term rental, the host shall be responsible for paying the costs of relocation for the affected tenant, as defined by Section 18-28(c), within ten (10) days after the tenant vacates the rental unit, as long as all rent due and payable has been paid by the tenant prior to the date on which the unit is vacated.

(Ord. of 10-29-04; Ord. of 6-27-22)

18-30 Fees.

(a) Registration fee. Pursuant to Section 18-15, a registration fee shall be charged to the owner of every rental unit in the city that is subject to periodic inspections and to the host of every short term rental. This fee shall be in an amount determined by and dedicated solely to the cost of providing rental housing inspection services, clerical, administrative and mediation support services for the housing board of review and landlord/tenant resource services. Any surplus remaining in this fund at the end of a fiscal year shall remain part of the fund and shall be carried forward to the next fiscal year. This fee shall be reviewed annually by the finance board. The fee shall be in the amount of one hundred ten dollars ($110.00) per unit per year except for owner occupied dwellings with two (2) or less units and partial unit short term rentals, in which case the fee shall be eighty dollars ($80.00). For whole unit short term rentals, an additional registration fee shall be charged in the amount of one hundred ten dollars ($110.00) per unit per year.

A rental unit for which a registration fee as required in this section has not been paid shall be in violation of the city minimum housing ordinance and subject to the penalties set forth herein. In addition, if the enforcement agency determines that a person has failed to pay the registration fee due under this section or the transfer fee due under Section 18-15(b), the agency shall mail to such person a statement showing the balance due and shall add thereto a twenty-five dollar ($25.00) late payment or interest at a rate of twelve (12) percent per year, whichever is greater. That unpaid balance and penalty total shall be subject to interest at a rate of twelve (12) percent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the property on which the rental unit is situated and may be enforced within the time and manner provided for the collection of taxes on property.

A rental unit shall be exempt from the registration fees required herein if:

(1) That unit is currently maintained as part of a nursing facility or community care home under license from the State; or

(2) That unit meets all three (3) of the following tests:

a. The unit is currently maintained as "affordable" housing for "low-income" or "very low-income" households, as these terms are currently defined by Section 8 programs of the U.S. Department of Housing and Urban Development; and

b. The unit is currently maintained as "affordable" housing for "low-income" or "very low-income" households using public subsidies provided by federal, State or municipal government(s); and

c. The unit is currently owned by a municipal corporation or a 501(c)(3) tax-exempt, nonprofit corporation whose purpose is creating or preserving affordable housing for low-income households;

(3) That unit is the owner-occupied portion of a rental unit which is subject to periodic inspections pursuant to Section 18-16.

(b) Reinspection fee. The following fees shall be paid by the owner of each property for a reinspection that is required due to the existence of violations of this division:

(1) First reinspection, per unit: seventy-five dollars ($75.00).

(2) Second reinspection, per unit: one hundred fifty dollars ($150.00).

(3) Third and subsequent reinspection, per unit: three hundred dollars ($300.00).

Reinspection fees assessed under this provision shall be due within thirty (30) days of the date the enforcement agency provided the notice that these fees are owed. In the event the owner does not pay the reinspection fee that is owed, the agency shall mail a statement showing the balance due and shall add thereto a thirteen dollar ($13.00) late payment or interest at a rate of twelve (12) percent per year, whichever is greater. That unpaid balance and penalty total shall be subject to interest at a rate of twelve (12) percent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the property on which the rental unit is situated and may be enforced within the time and manner provided for the collection of taxes on property. The failure to pay reinspection fees when due shall also be a violation of the city minimum housing ordinance and subject to the penalties set forth herein.

(c) Complaint inspection fee. If the agency receives a complaint regarding a rental unit that is exempt from periodic inspections under Section 18-16, a fee of fifty dollars ($50.00) shall be charged to the property owner for the inspection of that unit should any violations of the minimum housing standards ordinance be found during the inspection.

Complaint inspection fees assessed under this provision shall be due within thirty (30) days of the date the enforcement agency provided the notice that these fees are owed. In the event the owner does not pay the complaint inspection fees that are owed, the agency shall mail a statement showing the balance due and shall add thereto a thirteen dollar ($13.00) late payment or interest at a rate of twelve (12) percent per year, whichever is greater. That unpaid balance and penalty total shall be subject to interest at a rate of twelve (12) percent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the property on which the rental unit is situated and may be enforced within the time and manner provided for the collection of taxes on property. The failure to pay reinspection fees when due shall also be a violation of the city minimum housing ordinance and subject to the penalties set forth herein.

No fee shall be charged if the unit is free from violations. The fee for reinspections shall be as described in subsection (b) of this section.

(d) A relocation cost administrative fee of fifty dollars ($50.00) shall be assessed on all owners who fail to pay the relocation costs established in Section 18-28(c) within the time required in Section 18-28(d). In the event the owner does not pay the relocation costs and/or relocation cost administrative fee that is owed, the agency shall mail a statement showing the balance due and shall add thereto a thirteen dollar ($13.00) late payment or interest at a rate of twelve (12) percent per year, whichever is greater. That unpaid balance and penalty total shall be subject to interest at a rate of twelve (12) percent per year from the due date until the date of payment. The charges levied in this chapter shall constitute a lien upon the property on which the rental unit is situated and may be enforced within the time and manner provided for the collection of taxes on property. The failure to pay reinspection fees when due shall also be a violation of the city minimum housing ordinance and subject to the penalties set forth herein.

(Ord. of 4-12-93; Ord. of 1-18-00; Ord. of 9-11-00; Ord. of 12-15-03, eff. 1-28-04; Ord. of 12-9-13; Ord. of 12-1-14(1); Ord. of 6-18-18(2); Ord. of 6-27-22)

18-31 Enforcement and penalties.

(a) The penalty for violation of this chapter, unless otherwise provided, is as follows:

(1) Civil offense.

a. The first violation of a provision in Article II, Administration and Enforcement, with the exception of Sections 18-29 and 18-29a, or Article III, Minimum Standards, by a person shall be deemed to be a civil ordinance offense punishable by a civil fine of one hundred dollars ($100.00), the waiver penalty for which shall be seventy-five dollars ($75.00). This penalty may also be waived and a warning issued, at the discretion of the enforcement officer, upon a finding that the person had no prior knowledge or reasonable basis to know of the violation prior to the finding of violation by the enforcement officer. The enforcement officer may also seek the enforcement of any order issued regarding a violation of Article III, pursuant to subsection (b) of this section or any other remedy within the jurisdiction of the court.

b. If a person has been found (any appeal having been fully adjudicated) to have committed a first violation of a provision in Article II, Administration and Enforcement, with the exception of Sections 18-29 and 18-29a, or Article III, Minimum Standards, and has been issued an order by the enforcement officer to correct that violation, then the failure to correct the violation and bring the property into compliance with the standards within the time ordered by the officer shall be deemed to be a second violation of the applicable minimum standard. A second violation for the same property shall be a civil ordinance offense punishable by a civil fine of two hundred dollars ($200.00), the waiver penalty for which shall be one hundred fifty dollars ($150.00). The enforcement officer may also seek the enforcement of any order issued regarding a violation of Article III, pursuant to subsection (b) of this section, or any other remedy within the jurisdiction of the court.

(2) Criminal offense.

a. Any person found in violation of Article II, Administration and Enforcement, Sections 18-29 and 18-29a, and Article IV, Housing Discrimination, shall be deemed to have committed a criminal offense which shall be punishable by a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) and/or by imprisonment for not more than thirty (30) days. The enforcement officer may also seek the enforcement of any order issued regarding a violation of Articles II and IV pursuant to subsection (b) of this section or any other remedy within the jurisdiction of the court.

b. If a person has been found (any appeal having been fully adjudicated), to have committed a second violation of a provision in Article III, Minimum Standards, and has been issued an order by the enforcement officer to correct the violation, then the failure to correct the violation in the time required by the order on the second violation and bring the property into compliance with the standards shall be deemed to be a third violation of the applicable minimum standard. The third violation for the same property shall be a criminal ordinance offense which shall be punishable by a fine of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) and/or by imprisonment for not more than thirty (30) days.

(3) Nuisance abatement and continuing offenses. A violation of this chapter, Articles II through IV, also is hereby declared to be a nuisance and subject to abatement upon a finding of violation by the court. The enforcement officer or inspector, in addition to the above penalty and nuisance abatement provisions, may seek the enforcement of any order issued regarding such violation, pursuant to subsection (b) of this section. Each day’s violation of Articles II through IV shall constitute a separate offense.

(b) In addition to the penalty provisions of this section, if the enforcement officer or inspector finds that any person has failed to comply with any order issued by him/her within the time specified therein and that such person has failed to appeal such order within the time prescribed, he/she may notify the office of the city attorney who may bring suit to enforce such order. Such suit may be brought in Chittenden Superior Court and at the request of either party, the court shall advance the case so it may be heard and determined with as little delay as possible. The court may issue a temporary restraining order or preliminary or permanent injunction in any such proceedings and may exercise all the plenary powers available to such court to obtain compliance with the ordinance and any order issued pursuant thereto. The court may award costs of suit which may include, if the plaintiff prevails and the court deems the defense without substantial merit, the attorney’s fees incurred by the plaintiff or so much thereof as the court finds reasonable.

(Ord. of 4-12-93; Ord. of 1-8-96; Ord. of 4-27-98; Ord. of 9-11-00; Ord. of 9-10-12(2); Ord. of 8-24-20)

18-32 Effective date.

This division shall become effective thirty (30) days after publication.

(Ord. of 4-12-93; Ord. of 9-11-00)

18-33, 18-34 Reserved.

DIVISION 2. HOUSING BOARD OF REVIEW

18-35 Created.

There is hereby created for the city a housing board of review.

(Ord. of 3-9-71)

18-36 Composition; appointment.

The housing board of review shall consist of five (5) members who shall be appointed by the city council.

(Ord. of 3-9-71; Ord. of 12-1-14(2))

18-37 Terms.

Each member of the housing board of review shall serve for a term of three (3) years.

(Ord. of 3-9-71; Ord. of 12-1-14(2))

18-38 Terms limited.

At the expiration of their terms, members of the housing board of review may be reappointed for another term or a new member may be appointed. No person shall be appointed to serve for more than three (3) consecutive terms.

(Ord. of 3-9-71; Ord. of 12-1-14(2))

18-39 Officers of board.

The members of the housing board of review shall select from among themselves a chair who shall conduct all meetings and hearings of the board, and who may administer oaths and compel the attendance of witnesses, and a vice-chair who shall exercise the powers of the chair in the chair’s absence.

(Ord. of 3-9-71; Ord. of 12-1-14(2))

18-40 Clerk of board; duties of clerk.

The clerk of the housing board of review shall be designated by the city attorney and shall keep the minutes of the proceedings of the board, records of all complaints coming to the board and all decisions, findings and other actions and records of the board. All records of the board shall be available.

(Ord. of 3-9-71; Ord. of 12-1-14(2))

18-41 Reserved.

Editor’s note—An ordinance adopted Dec. 1, 2014, repealed § 18-41 which pertained to records to be filed with the city clerk and derived from an ordinance adopted Mar. 9, 1971.

18-42 Powers of board.

To carry out its duties pursuant to this chapter, the housing board of review shall have the following powers:

(a) To hear and rule on requests for hearings;

(b) To issue orders requiring the enforcement officer of the agency to enforce its decision regarding the application of Article III of this chapter with the exception of appeals of orders issued with respect to fire safety in Division 5 of that article;

(c) To vary from the strict application of the requirements of this chapter where, by reason of an extraordinary and exceptional situation unique to the property or circumstance involved, the requirements of this chapter would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon, the person to whom the order has been issued; provided, however, that the board shall have the power to vary from the strict application of the requirements of this chapter only to the least extent necessary to relieve the difficulties or hardships involved, and only if such variance will not cause substantial detriment to the health, safety, morals and general welfare of the persons residing in the dwelling or dwelling units involved or to the general public and will not cause substantial impairment of the intent and purpose of this chapter; and

(d) To reverse or affirm, in whole or in part, any order or other action of the inspector and to make such order, requirement, decision or determination as ought to be made, and to that end, the board shall have all the powers of the inspector.

(Ord. of 3-9-71; Ord. of 8-4-86; Ord. of 4-12-93)

18-43—18-47 Reserved.

DIVISION 3. HEARINGS

18-48 Open hearings to be held upon request.

It shall be the duty of the housing board of review to hold open hearings on any request for a hearing filed by a party aggrieved by any action of the inspector.

(Ord. of 3-9-71; Ord. of 4-12-93)

18-49 When requests to be filed and when hearings to be held.

A request for a hearing provided by Section 18-48 shall be made by writing the enforcement officer within thirty (30) days of the action from which relief is sought. The request shall specify the grounds for the appeal and the relief which is requested. The enforcement officer shall notify the clerk of the housing board of review of the receipt of the notice of appeal forthwith.

(Ord. of 3-9-71; Ord. of 8-4-86; Ord. of 4-12-93; Ord. of 12-1-14(2))

18-50 Copy of request for hearing to be forwarded to inspector.

Upon the receipt of a request for hearing, the housing board of review shall send a copy of the request for hearing to the inspector, who shall transmit to the board forthwith all documents and evidence within his/her control.

(Ord. of 3-9-71; Ord. of 4-12-93)

18-51 Time for hearing to be set by board.

Upon the receipt of a request for a hearing, the board shall set a time for the hearing within a reasonable time of the filing of the request for hearing.

(Ord. of 3-9-71; Ord. of 12-1-14(2))

18-52 Notice of time and date of hearing to be given.

The housing board of review shall give notice of the date, time and place of the hearing to the party requesting the hearing and to the inspector and, in the case of a security deposit dispute, to the opposing party.

(Ord. of 3-9-71; Ord. of 4-12-93; Ord. of 12-1-14(2))

18-53 Request for hearing to stay actions upon which request made; exception.

When applicable, a request for a hearing shall stay the effectiveness of the action of the inspector forming the basis for the request for hearing, unless the inspector certifies to the board after the request for hearing is made that, by reason of the facts stated in the certificate, a stay would cause a serious hazard or imminent peril to the health or safety of the occupants of the dwelling or dwelling unit or of the public. Upon consideration of such certificate, the board may give written notice to the party requesting a hearing, specifying that the action constituting the basis for the requested hearing shall be effective pending the hearing, in which case the effectiveness of the action shall not be stayed otherwise than by a restraining order which may be granted by a court of competent jurisdiction on application therefor and upon notice to the inspector and on good cause shown.

(Ord. of 3-9-71; Ord. of 4-12-93)

18-54 Majority of board to be present at hearings; exception.

In order to conduct a hearing pursuant to a request, a majority of the board must be present, provided that the board may, for purposes of expedition or in cases of emergency, designate one (1) or more of its members to sit as hearing officer(s) to hear and decide matters brought before the board. A concurring vote of a majority of the members of the board present at a hearing shall be necessary to decide the matter before the board.

(Ord. of 3-9-71)

18-55 Rights of parties.

The parties to the hearing shall have the right to be represented by legal counsel or a lay representative, to present oral or documentary evidence, and to present and confront witnesses. In addition to the foregoing, the parties shall have the right to inspect all the records transmitted to the board.

(Ord. of 3-9-71; Ord. of 4-12-93; Ord. of 12-1-14(2))

18-56 Authority to compel attendance of witnesses.

In connection with any proceeding under this division, the housing board of review may administer oaths and compel the attendance of witnesses and the production of material germane to any issue under appeal.

(Ord. of 3-9-71)

18-57 Decision of board.

The decision of the housing board of review shall be made within a reasonable time after the hearing, but in no event shall the decision, which shall include findings of fact, be made later than thirty (30) days after the hearing. Any decision made by the board shall be made exclusively on the record constructed of the oral and documentary evidence introduced at the hearing, documents submitted by the parties which each party has had an opportunity to inspect and stipulations of the parties.

(Ord. of 3-9-71; Ord. of 4-12-93; Ord. of 12-1-14(2))

18-58 Written findings of fact and conclusions may be requested.

Either party to a hearing may request written findings of fact and conclusions of law by the board.

(Ord. of 3-9-71)

18-59 Court review of hearings.

(a) Any person, including the inspector, aggrieved by any decision of the housing board of review may appeal to the county court in accordance with Chapter 102 of Title 12 of the Vermont Statutes Annotated. The appeal shall not stay proceedings upon the decision appealed from, but the court may on application, upon notice to the board and on due cause shown, grant a restraining order. The board shall not be required to return the original papers acted on by it, but it shall be sufficient to return certified or sworn copies thereof or such portions thereof as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

(b) If upon the hearing it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly or may modify the decision appealed from.

(Ord. of 3-9-71; Ord. of 4-12-93)

18-60—18-69 Reserved.

Editor’s note—An ordinance adopted April 12, 1993, amended §§ 18-15—18-27 to read as set out herein. Prior to such amendment, said sections pertained to administration and enforcement generally and derived from ordinances adopted Aug. 4, 1986; Feb. 1, 1988; March 21, 1988; and Sept. 23, 1991.