BRANDON RENTAL HOUSING CODE
1.0 TITLE. BRANDON RENTAL HOUSING CODE
2.0 LEGISLATIVE AUTHORITY TO ADOPT. This Code is adopted
pursuant to the authority contained in 24 V.S.A. Chapter 59 and
Chapter 123.
3.0 PURPOSE AND SCOPE. The Board of Selectmen of the Town of
Brandon deems it necessary to establish minimum rental housing
standards for the purpose of promoting the public health, safety
and welfare, and for the purpose of making rental dwellings and
dwelling premises sanitary and fit for human habitation. This
Code provides requirements and standards which are intended to
eliminate conditions hazardous to life and health in rental
dwellings and rental dwelling premises caused by dilapidation,
deterioration and disrepair, structural defects, fire hazards,
lack of adequate ventilation, light, sanitary, heating and hot
water facilities, overcrowding of dwellings, occupancy of unfit
dwellings and other conditions and defects which increase the
hazards leading to illness and disease. Landlords/owners and
tenants/occupants are encouraged to enter into written leases
defining their rights and obligations.
4.0 OTHER REGULATIONS. This is a minimum local code. It does
not preclude the necessity to comply with regulations of the
Vermont Department of Labor & Industry, the most current edition
of Vermont State Fire Prevention & Building Code & Electrical
Safety Rules, the VT Department of Health Regulations or any
other applicable local, State or Federal Laws or Regulations. It
is the applicant's responsibility to ensure compliance with the
State Codes and Regulations.
5.0 AVAILABILITY.
5.1 The provisions of this Code shall apply to all public
buildings (defined by Title 21 VSA § 251 (a)) arranged for
shelter and sleeping accommodations in which the occupants are
primarily not transient in nature. This includes but is not
limited to:
- Non-owner occupied dwelling facilities
- Owner-occupied housing facilities wherein two or more
rooms are rented
5.2 The provisions of this Code shall not apply to:
a. Single family owner occupied dwellings
b. Hotels, motels, rooming houses or dwelling units used
for temporary or transient housing which are licensed
and regulated by the State of Vermont
c. Group homes and institutions owned and operated by the
State of Vermont or federal government
d. Nursing homes and/or health care facilities licensed
and inspected by the State of Vermont or federal
government
6.0 DEFINITIONS.
6.01 Apartment Building
a. Any building containing three or more living units with
separate bathroom and cooking facilities.
b. Any building in which three or more separate sleeping rooms are rented on a permanent basis with or without
meals.
6.02 Approved - Determined by the enforcing officer to comply
with the provisions of this Code.
6.03 Board - The group of people established or designated as the
housing board of review.
6.04 Dwelling - Any building or structure or part thereof,
including hotels and rooming houses, that is used, occupied, or
intended to be used or occupied for human habitation as a
permanent residence, and includes dwelling premises,
appurtenances and facilities belonging to the dwelling or usually
enjoyed therein.
6.05 Dwelling Unit - A room or group of rooms within a dwelling,
or any dwelling forming a single habitable unit used or intended
for use for living, sleeping, cooking or eating.
6.06 Enforcing Officer - The Ordinance and Code Enforcement
Officer of the Town of Brandon or any acting, assistant or deputy
Ordinance and Code Enforcement Officer.
6.07 Exit - A way out of a place.
6.08 Garbage
- Rubbish or,
- Animal and vegetable waste resulting from handling,
preparation, cooking and consumption of food.
6.09 Gross Floor Area - Total area of all habitable space in a
building or structure based on interior dimensions.
6.10 Habitable Room - Every room or enclosed floor space, used or
intended to be used for living, sleeping, cooking or eating
purposes, excluding bathrooms, toilet compartments, laundries,
pantries, foyers, communicating corridors, closets and storage
areas.
6.11 Infestation - Presence, within or contiguous to dwelling,
dwelling unit, rooming unit, or premises, of insects, rodents,
vermin, or other pests.
6.12 Means of Egress - A continuous and unobstructed way of exit
travel from any point in a building or structure to a public way,
consisting of three separate and distinct parts: (a) the exit
access, (b) the exit, and (c) the exit discharge.
6.13 Means of Escape - A way out of a building or structure that
does not conform to the strict definition of means of egress but
does provide an alternate exit to the outdoors.
6.14 Mobile Home - A dwelling structure of vehicular, portable
design built on a chassis and designed to be moved from one site
to another, and to be used with or without a permanent
foundation.
6.15 Multi-Family Dwelling - Any dwelling or part thereof
containing three or more dwelling units.
6.16 Occupant - Tenants and/or every person regularly living or
sleeping in a dwelling, dwelling unit, rooming house or rooming
unit.
6.17 Opened Area - That part of a window or door which is
available for unobstructed ventilation and/or egress which opens
directly to the outdoors.
6.18 Owner - Any person who alone, jointly or severally with
others has legal or equitable title to any premises, dwelling, or
dwelling unit, rooming house or rooming unit.
6.19 Person - Every individual, corporation, partnership,
government, governmental subdivision or agency, business trust,
estate, trust, association, firm, group or any other legal or
commercial entity.
6.20 Plumbing or Plumbing Fixtures - Water heating facilities,
water pipes, gas pipes, garbage and disposal units, waste
lavatories, bathtubs, shower baths, or other similar equipment,
drains, vents, or similarly supplied fixtures, together with all
connections to water, gas, sewer, or vent lines.
6.21 Premises - The dwelling unit, the structure of which it is a
part, facilities and appurtenances therein, the land and any
auxiliary buildings thereon used or intended to be used in
connection with the dwelling.
6.22 Rodent-proof - Construction, installation, and maintenance
which will prevent the movement of rodents to or from a given
space or building, and prevent rodents from gaining access to
food, water or any place where rodents can live, nest or seek
shelter. It consists of closing and keeping closed every opening
in foundations, basements, cellars, exterior and interior walls,
ground or first floors, roofs, sidewalk gratings, sidewalk
openings, and other places that may be reached and entered by
rodents by climbing, burrowing or other methods.
6.23 Rooming House - A building consisting of individual rooming
units, a common kitchen and bath facilities.
6.24 Rooming Unit - The room or group of rooms let to an
individual or household for use as living and sleeping but not
for cooking or eating purposes.
6.25 Rubbish - Combustible and non-combustible waste materials
including trash and garbage. The term shall include but not be
limited to residue from burning wood, coal, coke, and other
combustible materials, paper, rags, cartons, boxes, wood,
excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust, and other
similar materials, including appliances, as well as junk motor
vehicles as defined in 24 V.S.A. Section 2441(6).
6.26 Single-Family Dwelling - Any dwelling containing one
dwelling unit.
6.27 Supplied - Installed, furnished, or provided by the owner or
operator.
6.28 Tenant - see occupant.
6.29 Trash - see rubbish.
6.30 Two-Family Dwelling - Any dwelling containing two dwelling
units.
6.31 Ventilation - Process of supplying and removing air by
natural or mechanical means to or from any space.
a. Mechanical: Ventilation by power driven devices.
- Natural: Ventilation by opening to outer air through
windows, sky lights, doors, louvers, stacks or other
openings, without wind-driven devices.
6.32 Yard - An open, unoccupied space on the same lot with a
building.
7.0 REQUIRED SANITATION FACILITIES. All dwellings and dwelling
units shall comply with the following minimum standards and
contain within the unit:
7.1 Toilet Facilities - A flush toilet and sink located in a
room which is separate from the habitable rooms and which affords
privacy.
7.2 Bathtub or Shower - A bathtub or shower located in a room
which is separate from the habitable rooms and which affords
privacy.
7.3 Kitchen Sink - A kitchen sink.
7.4 Water Supply - Every kitchen sink, lavatory sink and bathtub
or shower required by these regulations shall be properly
connected with both hot and cold water lines. The hot water line
shall be connected with supplied water heating facilities which
are capable of heating sufficient water to permit an adequate
amount of water to be drawn at every required kitchen sink,
lavatory sink and bathtub or shower at a temperature of not less
than 120 degrees F. All water provided shall be free from
contamination and shall come from a water supply system which
meets the water quality requirements of the Vermont Department of
Health.
7.5 Wastewater Disposal - All kitchen sinks, toilets, lavatory
sinks, and bathtubs or showers, shall be in good condition and
repair and properly connected to a public sewage system if
available, or to a properly operating and approved subsurface
disposal system. Any operable clothes/dish washing machines
shall be properly connected to a public sewage system or properly
operating and authorized subsurface disposal system.
7.6 Garbage and Rubbish Facilities - Garbage and rubbish which
are placed outside a dwelling unit shall be stored in a
commercial dumpster or receptacles of durable materials with
tight-fitting covers. Garbage shall be removed at least once a
week.
7.7 Rooming Houses -
- Bathroom Facilities - Every rooming house shall be
equipped with at least one toilet, one sink and one
bathtub or shower for each four persons or fraction
thereof living within the rooming house, including the
owner and members of his/her family, if they share the
use of the facilities. All such facilities shall be
properly connected to approved water and sewage
systems.
- Every toilet, sink, and bathtub or shower required
by this section shall be located in a room or
rooms which:
- Afford privacy and are separate from the
habitable rooms; and
- Are accessible from a common hall without
going outside the rooming house; and
- Are not more than one story removed from the
rooming unit of any occupant intended to
share the facilities.
- When bedding, bed linen or towels are supplied,
the owner shall maintain the bedding in a clean
and sanitary manner and shall furnish clean bed
linen and towels at least once each week and prior
to the letting of any room to any occupant.
8.0 VENTILATION, LIGHT AND HEATING.
8.1 Ventilation - The owner shall provide ventilation to the
outdoors as follows:
a. Habitable Rooms - Every habitable room shall have at least one window which can be opened and which faces
directly to the out-of-doors, or equivalent
ventilation.
b. Bathrooms - Every bathroom and toilet compartment shall
be ventilated by direct access to outside air either by
window, air shaft or ventilation fan.
c. Public Halls and Stairways - Each public or common hall
and stairway in every building containing dwelling
units or rooming units shall be adequately ventilated.
8.2 Electrical Lighting and Wiring - The owner shall provide
electricity for every dwelling unit, dwelling, rooming house or
rooming unit as follows:
a. All electrical wiring shall be installed and maintained
in a safe working manner and condition.
b. All existing electrical wiring shall conform to NFPA 73
and any amendments or superseding code.
c. Any new installation must be performed by a licensed
master or journeyman electrician and shall conform to
NFPA 70 and any amendments or superseding code.
d. All receptacles that serve the kitchen counter top, the
bathroom receptacles, all outdoor outlets, and all
receptacles in an unfinished basement must be GFCI
protected.
e. Habitable Rooms - Every habitable room shall contain a
minimum of two duplex outlets not located on the same
wall.
f. Halls and stairways - Every hall and stairway shall be
adequately lighted.
g. Entrances and Exits - Every entrance and exit shall
have adequate interior and exterior lighting.
8.3 Heating -
a. Every dwelling unit or rooming unit shall have heating facilities which are capable of safely providing heat
to all habitable rooms and bathrooms within its walls
to a temperature of at least 65 degrees F. when the
outside temperature is minus 15 degrees F.
b. Prohibited Heating Equipment - No owner or occupant shall install, operate or use a space heater employing
a flame that is not properly vented to a chimney or
duct leading to the outdoors.
c. Providing of Heat - Every owner who provides heat to occupants of dwelling units or rooming units shall
maintain the provided heat to a temperature of at least
65 degrees F at all times to all habitable rooms and
bathrooms of the dwelling unit or rooming unit when the
outside temperature is less than 55 degrees F.
8.4 Chimneys, Fireplaces,Vents and Solid Fuel Burning Appliances
All chimneys, fireplaces, vents and solid fuel burning appliance
shall be installed and maintained in accordance with NFPA 211 and
any amendments or superseding code. An annual professional
inspection shall be performed to ensure the safe and effective
use of chimneys, fireplaces, vents and solid fuel burning
appliances.
8.5 No stove, combustion heater or solid fuel burning appliance
shall be so located as to block or hinder escape in case of fire
arising from the malfunctioning of the stove, heater or
appliance.
9.0 CONSTRUCTION AND MAINTENANCE REQUIREMENTS.
All rental units shall be constructed, installed and maintained
in a structurally sound and safe working condition, and in such a
manner so as not to present any significant health risk.
9.01 Foundations - Every foundation shall be weather tight, and
rodent-proof. Foundation elements shall adequately support the
building at all points.
9.02 Exterior Walls - Every exterior wall shall be weather
tight, watertight, and rodent-proof and shall be free from holes,
breaks and loose or rotting boards or timbers.
9.03 Roofs - Every exterior roof shall be weather tight,
watertight, and rodent-proof.
9.04 Windows and Exterior Doors - Every window, exterior door and
basement or cellar door or hatchway shall be weather tight,
watertight and rodent-proof. Every window that requires opening
shall be maintained in an operable condition.
9.05 Windows - Opened Area - Every window considered a means of
escape or ventilation shall be capable of being easily opened and
held in position by positive means.
9.06 Stairways and Porches - Every inside and outside stair,
porch and floor shall be safe to use and capable of supporting
the load that normal use may cause to be placed on it.
9.07 Accessory Structures - Accessory structures, including
detached garages, shall be maintained in structurally sound
condition and good repair.
9.08 Sanitation - All areas shall be maintained in a clean and
sanitary condition free from any accumulation of rubbish or
garbage, mold and mildew.
9.09 Grading and Drainage - All premises shall be graded and
maintained so as to prevent the accumulation of stagnant water
thereon or within any building or structure located thereon.
9.10 Insect Screens - From May 1 through October 1 of each year,
every window or opening used for ventilation purposes shall be
supplied with a screen affording protection against the entry of
insects; and every swinging screen door shall have a self closing
device in good working order.
9.11 Maintenance of Required Equipment and Utilities - Every
supplied facility, piece of equipment, or utility, and every
chimney and smoke pipe, shall be constructed and installed so
that it will function safely and effectively.
9.12 Lead-Based Paint - No lead-based paint shall be used in
painting the exterior or interior of any dwelling unit in
accordance with current State of Vermont Health regulations.
9.13 Floors, Walls and Ceilings - Every floor, wall and ceiling
shall be rodent-proof.
9.14 Bathroom Floor Surface - Every bathroom floor surface shall
be constructed so as to be easily cleanable.
9.15 Kitchen Equipment - Ranges, refrigerators, garbage
disposals, etc., shall be constructed, installed, maintained,
and, if appropriate, vented, so that it will function safely and
effectively.
9.16 Free from Dampness - In every dwelling, cellars, basements,
and crawl spaces shall be maintained reasonably free from
dampness to prevent conditions conducive to decay or
deterioration of the structure.
10.0 INSECTS AND RODENTS.
10.1 The occupant of each dwelling unit shall maintain the unit
free from rodents and reasonably free from insects, vermin or
other pests and shall be responsible for exterminating them.
10.2 The owner of a dwelling shall:
a. Be responsible for exterminating insects, rodents, vermin or other pests in all shared or public areas
used or intended for use by the occupants of more than
one dwelling unit or rooming unit, and the premises of
the dwelling;
- Be responsible for extermination of any insects,
rodents, vermin and other pests in any dwelling unit
when infestation in a dwelling unit is caused by his
failure to maintain the dwelling or infestation exists
in two or more of the dwelling units or rooming units
in any dwelling.
10.3 The owner of a rooming house shall maintain it and its
premises free from rodents and reasonably free from all insects,
vermin or other pests, and shall be responsible for exterminating
them.
10.4 Extermination shall be accomplished by eliminating the
harboring place of insects, rodents, vermin or other pests, by
removing or making inaccessible materials that may serve as their
food or breeding ground and by poisoning, spraying, fumigating or
trapping; all on a regularly scheduled basis designed to keep the
dwelling or unit free from all rodents and reasonable free from
other infestations. All extermination processes shall be done
with twenty-four (24) hour notice to occupants and in accordance
with manufacturers instructions and applicable Vermont Health
Department Regulations.
11.0 GARBAGE AND RUBBISH DISPOSAL.
11.1 Single-Family and Two-Family Units - The occupant of each
single-family and two-family dwelling unit shall provide adequate
storage receptacles made of durable materials with tight-fitting
covers for garbage and rubbish. The occupant shall dispose of
garbage and rubbish a minimum of once each week and shall
maintain the receptacles in a clean and sanitary condition.
11.2 Multi-Family Units - The owner of a multi-family dwelling
unit or of a parcel of land containing three or more rental
mobile home units shall provide adequate storage receptacles made
of durable materials with tight-fitting covers for garbage and
rubbish for each rental unit, or a conveniently located
receptacle or commercial dumpster adequate for use by all the
rental units. The owner shall assure that arrangements are made
to dispose of garbage and rubbish a minimum of once each week,
and to maintain the receptacles in a clean and sanitary
condition. The occupants shall not dispose of garbage or rubbish
outside the dwelling unit except in a commercial dumpster or
receptacle made of durable material.
11.3 The owner and occupants of all dwelling units shall comply
with any recycling ordinance adopted by the Town of Brandon.
11.4 Occupants shall not store accumulated garbage or rubbish
within any rental dwelling.
12.0 FIRE SAFETY REQUIREMENTS. All rental dwelling units and
rooming houses shall comply with the following minimum standards:
12.1 STATE FIRE PREVENTION AND BUILDING CODE - Each rental
dwelling unit shall be constructed, installed and maintained in a
fire safe manner and condition, in accordance with the current
Vermont State Fire Prevention and Building Code
12.2 At least one approved smoke detector, per floor,
continuously powered by the house electric service with battery
backup, shall be installed in an approved manner in every
dwelling unit. When activated, the detector shall initiate an
alarm which is audible in the sleeping rooms of that unit.
a.) Hardwire/battery backup Carbon Monoxide detectors are required in all
dwelling units, lodging or rooming occupancies. The CO detectors are to be
installed and maintained in accordance with NFPA 720, 2005 edition.
12.3 At least one operational fire extinguisher with a minimum
rating of 1A-10BC shall be located in the path of an exit in each
dwelling unit.
12.4 In any dwelling unit of more than two rooms, every bedroom
and living room area shall have at least two means of escape; at
least one of which shall be a door or stairway providing a means
of unobstructed travel to the outside of the building at street
or ground level. No bedroom or living room area shall be
accessible by only a ladder or folding stairs, or through a trap
door.
12.5 The second means of escape shall be either:
- A door, stairway, passage, or hall providing a way of
unobstructed travel to the outside of the dwelling at
street or ground level that is independent of and
remote from the primary means of escape.
b. An outside window or door operable from the inside
without the use of tools and providing a clear opening
of not less than 20 inches (50.8 cm) in width, 24
inches (61 cm) in height, and 5.7 square foot (.53 sq.
m) in area. The bottom of the opening shall not be
more than 44 inches (112 cm) off the floor. Such means
of escape shall be acceptable if:
- The window is within 20 feet (6.1 m) of grade, or
- The window is directly accessible to fire
department rescue apparatus as approved by the
authority having jurisdiction, or
- The window or door opens onto an exterior balcony.
Exception # 1: A second means of escape or alternate
protection is not required if the dwelling unit is protected
by an approved automatic sprinkler system.
Exception #2: Mobile homes are exempt from 13.5(b) provided
each bedroom has one door which is within five (5) feet from
an unobstructed exterior door.
12.6 No required path of travel from any room to the outside
shall be through another room or apartment not under the
immediate control of the occupant of the first room or through a
bathroom or other space subject to locking. All required paths
of travel shall be unobstructed.
12.7 The second means of escape must be approved by the enforcing
officer.
13.0 APARTMENT BUILDINGS.
13.1 In multiple dwelling units, a smoke detector shall be
installed in an approved manner in any common hallway(s) and at
the top of any stair well(s). The detector(s) shall be
continuously powered by the house electric service with battery
backup.
13.2 Every dwelling unit shall have access to at least two
separate exits.
Exceptions: A dwelling unit may have a single means of
egress if it has:
a. An exit directly to the street or yard at ground level;
b. An exit by way of an outside stairway; or
c. An enclosed stairway with a fire resistance rating of one hour or more including doors leading to an exit at
ground level.
13.3 Exit signs shall be used where the exit or way of exit is
not immediately visible to the occupants.
14.0 DWELLING UNITS IN COMMERCIAL BUILDINGS.
14.1 In addition to the applicable provisions of this Code, every
commercial building with living quarters shall have installed
within the commercial area an approved fire warning device
capable of being heard in the dwelling units over the normal
noise level.
15.0 OCCUPANCY REQUIREMENTS.
15.1 Required Space in Dwelling Units - Every dwelling unit shall
contain a minimum gross floor area of not less than 150 square
feet for each occupant. The floor area shall be calculated on
the basis of the total area of all habitable rooms.
15.2 Required Space in Sleeping Rooms - In every dwelling unit,
every room occupied for sleeping purposes by one occupant shall
have a minimum gross floor area of at least 70 square feet.
Every room occupied for sleeping purposes by more than one
occupant shall contain at least 50 square feet of floor space for
each occupant thereof with a maximum of two occupants per
bedroom.
15.3 Calculation of Floor Area - In calculating the floor area of
rooms for purposes of 15.1 and 15.2, only those portions of the
floor area of the room having a clear ceiling height of five feet
or more may be included.
15.4 Minimum Ceiling Heights - Habitable rooms shall have a clear
ceiling height of not less than seven feet; except that in attics
or top half-stories, the ceiling height shall not be less than
seven feet in not less than one-third of the total floor area
when used for sleeping, study, or similar activity.
16.0 RESPONSIBILITIES OF OWNERS AND OCCUPANTS.
16.1 General - It shall be the responsibility of the owner to
bring any dwelling unit into compliance with this Code before
renting it to any occupant. No unit may be rented to a tenant
unless it complies with this Code. It shall be the
responsibility of the owner to maintain all common or shared
areas used or intended to be used by occupants in compliance with
this Code. It shall also be the responsibility of the owner to
maintain all dwelling units in compliance with this Code.
16.2 Utilities - No owner shall cause any water, sewer, equipment
or utility which is required by this regulation to be removed,
shut off or discontinued for any occupied dwelling unit let by
him/her except for such temporary interruption as may be
necessary while actual repairs or alterations are in process or
during temporary emergencies. Except in emergencies, reasonable
advance notice of interruptions shall be given to occupants.
16.3 Occupant - No occupant shall use or occupy any dwelling unit
in such a way as to cause non-compliance with this Code. Every
occupant shall maintain their dwelling unit in such a manner that
it does not create a health hazard for the occupants or their
neighbors.
16.4 Transfer of Responsibilities - The owner's responsibility
may not be delegated.
17.0 ADMINISTRATION AND ENFORCEMENT.
17.01 This Code shall be enforced by the Code Enforcement
Officer for the Town of Brandon, sometimes herein called the
"Enforcing Officer."
17.02 An enforcing officer and deputy enforcing officer shall be
appointed by the Selectmen of the Town of Brandon and shall be
adequately compensated by the Town of Brandon. The deputy shall
have the same responsibilities as the enforcing officer. In the
event that the enforcing officer's position becomes vacant, the
Town Manager shall immediately notify the Selectmen.
17.03 Any order by the enforcing officer provided for in this
Code shall be recorded in the office in which a deed of the
property would be recorded as provided by law; and the order
shall thereby be effective against any purchaser, mortgagee,
attaching creditor, lien holder, or other person whose claim or
interest in the property arises subsequent to the recording of
the order. The recording fee shall be paid by the owner of the
property which is the subject of the order.
17.04 Upon compliance with an order issued under this Code, the
enforcing officer shall issue a cancellation of the order in
writing, to be recorded in the same manner as the order. The
recording fee shall be paid by the owner.
17.05 The enforcing officer may enter, examine, and survey all
dwellings and dwelling premises at any reasonable time between
the hours of 8:00 a.m. and 5:00 p.m. The inspection shall be
made so as to cause the least amount of inconvenience to the
owner or occupant, consistent with the efficient performance of
the duties of the enforcing officer, except that the enforcing
officer may be authorized to enter, examine, and survey all
dwellings and dwelling premises at any time when an emergency
exists which tends to create an immediate danger to public health
or safety.
17.06 If entry for inspection is resisted or refused, a search
warrant for entry may be issued by a district or superior judge
upon presentation of affidavits establishing probable cause.
Standards for determining probable cause may be the passage of
time between inspections, the nature of the dwelling, the
condition of the area, or the need to determine if there has been
compliance with a repair order previously issued, but need not
necessarily depend upon specific knowledge of the condition of
the particular dwelling.
17.07 The enforcing officer may issue a notice of violation and
order the repair, alteration, or improvement of a dwelling or
dwelling premises. Such notice shall be directed to the owner or
other person responsible therefor under the Code.
17.08 Premises Unfit for Human Habitation - The enforcing
officer may declare any dwelling or dwelling premises unfit for
human habitation if he/she finds that conditions exist in the
dwelling which are a serious hazard or immediate peril to the
health, safety, or welfare of the occupants thereof, the
occupants of neighboring dwellings or the general public.
17.09 Whenever any dwellings or dwelling premises are found by
the enforcing officer to be unfit for human habitation because of
defects which constitute a serious hazard or immediate peril to
the heath, safety, or welfare of the occupants of the dwelling or
the public, the enforcing officer may:
a. Order the dwelling or dwelling premises to be vacated and secured until such time as he/she determines that
the dwelling is again fit for human habitation.
b. Order the repair, alteration, or improvement of the dwelling or dwelling premises except that the owner
shall have the right to vacate and secure the dwelling
or dwelling premises within seven days after receipt of
the order by the owner or the owner's agent.
c. Initiate demolition proceedings pursuant to 24 V.S.A. Sections 3113, 3114, 3115 and 3116 and any amendments
or superseding code.
- File a formal complaint with the VT Department of Labor
& Industry or other State agency having jurisdiction
over the hazardous situation.
17.10 The owner of any dwelling which has been found by the
enforcing officer to be unfit for human habitation in accordance
with Section 17.09 above [ and 24 V.S.A. Section 5003(c)(11) and
any amendments or superseding code] shall not sell, transfer,
mortgage, lease or otherwise dispose of such dwelling until the
owner has furnished the intended grantee, mortgagee or lessee a
true copy of the order and has notified the enforcing officer in
writing of his/her intent to sell, transfer, mortgage, lease or
otherwise dispose of the dwelling, or until the enforcing officer
has found that the conditions causing the dwelling to be unfit
for human habitation have been corrected. A transferee,
mortgagee or lessee who has received actual notice or
constructive notice shall be bound by the order on the date of
the transfer, mortgage or lease without service of further notice
upon him/her by the enforcing officer.
17.11 If any person is displaced from a dwelling due to any
action taken under Section 17.07 - 17.09 hereof, the enforcing
officer shall provide such relocation assistance as is reasonably
available to the enforcing officer. The Town shall not be
responsible for providing relocation assistance to any person(s)
displaced by the actions of an agency of the State of Vermont
acting under 17.09 d.
17.12 The enforcing officer may adopt policies and procedures to
consistently and uniformly enforce the provisions of this Code.
17.13 Content of Orders - All orders of the enforcing officer
shall:
a. Be in writing;
b. Include a description of the real estate sufficient for
identification;
- Specify the violation(s) which exist(s) and the
remedial action required;
d. Allow specified periods of time not to exceed 30 days for the performance of each action required;
- Specify the amount of any applicable fine under Section
21, PENALTIES;
f. Explain the appeal process.
17.14 Service - Orders issued under this code shall be served on
the persons responsible for the violations as follows:
a. By sending him/her a copy of the order by registered or
certified mail, return receipt requested; or
b. By leaving a copy of the order at his/her last and usual dwelling house or usual place of abode; or
c. Personally, delivered by any person authorized to serve
civil process; or
d. If his/her last and usual dwelling house or usual place
of abode is unknown, by posting a copy of the order in
a conspicuous place on or about the dwelling or portion
thereof affected.
18.0 CERTIFICATES OF OCCUPANCY.
18.1 Prior to occupancy by a tenant of any rental dwelling unit,
the owner of the building shall notify the enforcing officer in
writing and apply for a Certificate of Occupancy. The enforcing
officer shall then within seven days inspect the unit and issue
such Certificate if he/she finds compliance with the provisions
of this Code.
18.2 A new Certificate of Occupancy is required after a unit is
vacated and prior to the occupancy by another tenant. A copy of
the Certificate signed by the owner or agent, tenant, and
enforcing officer shall be provided to all parties.
18.3 The enforcing officer may, in his/her sole discretion, if
requested by the owner, allow a tenant to occupy a dwelling unit
for no more than seven (7) days without a Certificate of
Occupancy only on the following conditions:
- The unit has a current Statement of Compliance, and
- The unit had a Certificate of Occupancy for the prior
tenant, and
- There are no known violations of this housing code.
19.0 STATEMENT OF COMPLIANCE.
19.1 Annually, during the month of January, and without further
notice or demand, each rental dwelling unit owner shall submit to
the enforcing officer a Statement of Compliance on a form to be
made available by the enforcing officer. The Statement of
Compliance shall contain the following information:
a. The address of the rental property;
b. The name, address and phone # of the current owner(s);
c. The name of tenant, date and number of current C.O.
d. Other information as deemed necessary by the enforcing
officer to determine that the requirements of this Code
are currently being met.
19.2 The owner shall submit one form for each dwelling unit
which is not owner occupied whether or not that unit is currently
vacant. The Statement shall be signed by the owner or his agent
certifying that the information submitted is correct.
19.3 The appropriate fee as established by the Town of Brandon
Select Board shall accompany each Statement of Compliance form
for each unit.
20.0 HOUSING BOARD OF REVIEW AND APPEALS.
20.1 There is hereby established a housing board of review
consisting of five members who shall be appointed by the
Selectmen of the Town of Brandon. The chairman, or in his/her
absence, the acting chairman, may administer oaths and compel the
attendance of witnesses. All hearings of the board shall be open
to the public.
20.2 The housing board of review shall be governed by the
following procedure:
- The board shall keep minutes of its proceedings,
showing the vote upon each question, and shall keep
records of its decisions and findings and the reasons
therefore, and of its examinations and other official
actions, all of which shall be filed in the office of
the Town and shall be a public record;
- Any person aggrieved by an order issued by the
enforcing officer may appeal to the board. The appeal
shall be taken within seven days from the date of the
order appealed. The appeal shall be in writing and
shall specify the grounds therefore and the relief
requested. The board shall immediately send a copy of
the appeal to the enforcing officer who shall forthwith
send to the board all evidence constituting the record
upon which the order was based;
c. An appeal to the board shall stay the effectiveness of the order appealed from unless the enforcing officer
certifies to the board after notice of the appeal has
been sent to him, that, by reason of facts stated in
the certificate, a stay would cause a serious hazard or
imminent peril to the health or safety of the occupants
of a dwelling or of the public. Upon consideration of
such certificate, the board may give written notice to
the appealing party specifying that the order shall be
effective pending a hearing on the merits of the appeal
in which case the effectiveness of the order shall not
be stayed otherwise than by a restraining order which
may be granted by a court of competent jurisdiction or
application therefor and upon notice to the enforcing
officer and on due cause shown;
d. The board shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the party
making the appeal and the enforcing officer and decide
it within a reasonable time. At the hearing, any party
may appear in person or by agent or attorney.
20.3 The housing board of review shall have the following powers:
a. The housing board of review may hear and decide appeals
where it is alleged that there is error in any order,
requirement, decision or determination made by an
enforcing officer in the enforcement of this Code;
b. Where, by reason of an extraordinary and exceptional condition or situation unique to the property involved,
the strict application of this Code would result in
peculiar and exceptional difficulties to, or
exceptional and undue hardship upon, the person to whom
an order has been issued, the housing board of review
may vary from the strict application to the least
extent necessary to relieve the difficulties, or
hardship if the relief may be granted without
substantial detriment to public health, safety, morals,
and general welfare and without substantial impairment
of the intent and purpose of this Code;
c. In exercising its powers, the board may in conformity with applicable law, reverse or affirm wholly or
partly, or may modify any order, requirement, decision
or determination of the enforcing officer and may make
such order, requirement, decision or determination as
ought to be made, and to that end shall have all the
powers of the enforcing officer from whom the appeal
was taken;
d. In order to hear an appeal, a majority of the board must be present. A concurring vote of a majority of
the members of the board present at the hearing shall
be necessary to reverse or modify any order or decision
of the enforcing officer and to authorize a variance or
modification in the application of any ordinance or
regulation adopted under this chapter. When a tie vote
occurs, the order of the enforcing officer shall be
considered to be sustained. Except as provided in 24
V.S.A. Section 5006(b), the findings of the board shall
be conclusive with respect to questions of fact and may
be reviewed only as to questions of law.
- Any person, including the enforcing officer, aggrieved
by any decision of the Board, may appeal to the
Superior Court under 24 VSA § 5006 within the 30 day
time limit and in accordance with the procedure stated
in VRCP 75. 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.
- An unappealed decision of the enforcing officer or
Housing Board of Review shall be a Final Order
enforceable under Section 22. A Final Order of the
Rutland Superior Court shall be enforceable under
Section 22.
21.0 PENALTIES.
21.1 Any person violating any provision of this Code shall be
subject to a fine in an amount not to exceed $200.00 for each
such violation. Each day's failure to comply with any such
provision shall constitute a separate violation. The enforcing
officer may maintain a written schedule of fines.
22.0 PROSECUTION.
22.1 If the enforcing officer 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 attorney
of the municipality who shall bring suit in the name of the
municipality to enforce such order. Such suit shall be brought
in the Rutland Superior Court; and at the request of either
party, the court shall advance the case so that it may be heard
and determined with as little delay as possible. The court may
issue a temporary injunction or order 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. This remedy is cumulative and is in addition to
any other enforcement remedy now or hereafter available to the
Town.
22.2 This Code is hereby designated a Civil Ordinance in
accordance with Title 24 VSA § 1971(b).
23.0 VALIDITY.
23.1 Severability - If any section, subsection, paragraph,
sentence, clause, or phrase of this Code shall be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this Code which shall continue in full
force and effect; and to this end the provisions of this Code are
hereby declared to be severable.
23.2 Savings Clause - This Code shall not affect violations of
any other ordinance, code or regulation of the Town of Brandon
existing prior to the effective date hereof and any such
violation shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of those
ordinances, codes or regulations in effect at the time such
violation was committed.
23.3 The adoption of this housing code shall not create a
private cause of action by a person injured as a result of the
Town's enforcement or failure to enforce this housing code.
Note: In addition to this Code, the codes and regulation stated
in Section 4.0 or other regulations or laws may apply to rental
housing.
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