Sec. 34-186. - Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commissioner of licenses and inspections means the commissioner or his duly authorized delegate.

Landlord means the owner of a dwelling unit or a building containing multiple dwelling units for residential purposes.

(Code 1968, § 34-40.1)

Cross reference— Definitions and rules of construction generally, § 1-2.

Sec. 34-187. - Landlord's permit.

Whenever the owner of property shall by affidavit swear or affirm to the commissioner of licenses and inspections that because of vandalism, malicious mischief or any other valid security reason, he has been unable to meet all of the requirements of the city housing code as they relate to those requirements other than those basic to human safety and health, the commissioner, upon the applicant's payment of a $25.00 fee, may grant a temporary certificate allowing such premises to be rented under the following conditions:

(1)

That the landlord have a bona fide tenant who is willing to rent the premises in their present condition and resides therein.

(2)

That the landlord shall have already engaged the services of a licensed contractor and obtained the necessary permits if required. Wherein the landlord states that he intends to correct the violation himself, he will be required to sign an affidavit to this effect. All work must be completed within a 90-day period.

(Code 1968, § 34-40.2(a))

Sec. 34-188. - Payment of rent to city.

Until all violations of this chapter existing at the time occupancy is permitted and the new violations which occur not as a result of tenant abuse are corrected, the entire rent will be paid to the department of finance of the city. As soon as compliance is achieved, the tenant shall make future payments directly to the landlord and a regular certificate of occupancy shall issue.

(Code 1968, § 34-40.2(b))

Sec. 34-189. - Use of rent to correct violations.

The commissioner of licenses and inspections in his sole discretion and without the necessity of seeking further permission from the landlord may direct the rent collected by the department of finance toward the correction of any of the violations according to a progress chart which shall be agreed upon by the commissioner and landlord at the time the temporary occupancy permit is issued.

(Code 1968, § 34-40.2(c))

Sec. 34-190. - Procurement and records division to receive bids.

The commissioner of licenses and inspections shall make a request of the procurement and records division to receive bids from qualified city-licensed contractors. The procurement and records division of the department of finance will award the work to the successful bidder. The cost of the work contracted shall at no time exceed the monies collected for the subject unit.

(Code 1968, § 34-40.2(d); Ord. No. 92-053(sub 1), § 1(c), 7-2-92)

Sec. 34-191. - Violations not noted in original inspection.

Any violations not noted by the commissioner or his delegate at the time of the original inspection and which in the opinion of the commissioner or his delegate have resulted from tenant abuse or misuse shall not be the responsibility of the landlord.

(Code 1968, § 34-40.2(e))

Sec. 34-192. - Landlord not to interrupt work.

Any work not begun by the landlord in the specified time and subsequently approved by the commissioner of licenses and inspections to be done according to the procedures in this chapter shall not be interrupted or interfered with by the landlord in any way whatsoever. The commissioner may in his discretion, however, extend the time allotted in the progress chart for good cause shown. If the landlord, however, completes the specified work prior to the commencement of work by the contractor, and such work is completed to the satisfaction of the commissioner, he shall be responsible only for a $50.00 late charge in order to reinstate his occupancy permit.

(Code 1968, § 34-40.2(f))

Sec. 34-193. - Disposition of funds.

All funds collected by the department of finance shall be expended to correct deficiencies, it being the express purpose of this division to improve housing units and not otherwise. If the tenant vacates the unit, voluntarily or otherwise, the funds so held shall be held without further application for a period of 90 days or when a new tenant is found, whichever first occurs, and a new progress chart shall be instituted between the landlord and commissioner. If after 90 days a new tenant is not found, the fund shall be returned to the landlord without interest.

(Code 1968, § 34-40.2(g))

Sec. 34-194. - Tenant's rights, remedies and responsibilities.

In every case wherein this procedure is adopted, the tenant shall be instructed by the commissioner as to his rights, remedies and responsibilities under this division.

(Code 1968, § 34-40.2(h))

Sec. 34-195. - Landlord to sign agreement.

Every landlord applying for a temporary permit under this division shall sign an agreement to the effect that he understands its provisions and agrees to abide by them. Any landlord who in his opinion is aggrieved by the action of the commissioner may appeal such decision to the board of license and inspection review.

(Code 1968, § 34-40.2(i))

Sec. 34-196. - Rights of tenants and landlord not affected.

This division shall in no way affect the right of any tenant or landlord under any existing state law regarding landlords and tenants in effect at the time of its passage.

(Code 1968, § 34-40.3)

Secs. 34-197—34-230. - Reserved.