Section 20-121. Housing Fitness Certificate.
Whenever a dwelling unit is to be rented, regardless of whether or not it was vacated by a previous tenant(s) or was previously occupied, a Housing Fitness Certificate evidencing compliance with the standards set forth in the State Sanitary Code, Article II, Minimum Standards of Fitness for Human Habitation (105 CMR 410.000 et. seq., as amended, adopted by the Massachusetts Department of Public Health), shall be obtained by the owner of the dwelling unit (or the owner’s authorized agent) from the Board of Health and or its Agent, prior to occupancy by the new tenant(s).
Section 20-122. Violation(s) and Re-Inspection.
a. If upon an inspection pursuant to Section 20-130, above, a violation(s) of the State Sanitary Code, Article II, Minimum Standards of Fitness for Human Habitation (105 CMR 410.000 et. seq.) is found to exist by the Board of Health or its Agent, each violation shall be corrected by the owner of the respective dwelling unit (or by the owner’s authorized agent) and re-inspected prior to the issuance of the Housing Fitness Certificate. All corrections of violations shall be completed within fourteen (14) days or such other time period as deemed reasonable under the circumstances by the Board of Health or its Agent. All corrective work
shall be in accordance with applicable federal, state and town laws and regulations, including any permit and/or license requirements.
b. If after the first re-inspection of the dwelling unit, a violation of the State Sanitary Code, Article II, Minimum Standards of Fitness for Human Habitation (105 CMR 410.000 et. seq.) still exists, the owner of the dwelling unit shall be subject to a penalty pursuant to Section 20-3 of these Board of Health Regulations and/or a non-criminal disposition penalty pursuant to Section 20-4.1 of these Board of Health Regulations.
c Any owner and/or the owner’s authorized agent for management of the subject dwelling unit, who allows any person or persons to live, occupy, or inhabit a dwelling unit subject to this Regulation without having received a certificate of fitness for human habitation from the Board of Health or its Agent, shall be subject to a penalty pursuant to Section 20.3 of these Board of Health Regulations and/or a non-criminal disposition penalty, pursuant to Section 20-4.
Section 20-123. Right to a Hearing.
The following persons may request a hearing before the Board of Health by filing a written petition to the Board:
i. Any person who receives notice or an order from the Board of Health or its Agent, stating that a Housing Fitness Certificate is required, provided a written appeal is filed with the Board of Health within five (5) business days of receipt of said notice or order.
ii. Any person aggrieved by the failure of the Board of Health or its Agent to provide a notice or order to an owner of a dwelling unit that a Housing Fitness Certificate is required, provided a written appeal is filed with the Board of Health within thirty (30) days of the early of the following: (a) a written refusal of the Board of Health or its Agent to send as such notice or order to the owner of said dwelling unit, or (b) thirty (30) days after receipt by the Director of Public Health of a written request to provide a notice or order to the owner of said dwelling unit.
Section 20-124. Fee For Dwelling Unit Inspection Certificate.
The fee for the Dwelling Unit Inspection Certificate, including one re-inspection, shall be Fifty Dollars ($50) per unit. Any re-inspection after the first re-inspection, necessary to inspect whether a violation has been corrected, shall be Twenty-Five Dollars ($25) per re-inspection.
Section 20-125. Exemptions.
The following dwelling units shall be exempt from these Regulations:
a. Dwelling units owned or managed by the Stoneham Housing Authority.
b. Any dwelling unit in a two or three family dwelling where the specific dwelling unit is occupied by the owner of the property or an immediate family member of the owner of the property. An “immediate family member” shall be limited to the spouse of the owner or the parents, children, brothers or sisters of the owner or the owner’s spouse.
Effective July, 2005.
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