10/19/2019 Annual Town Meeting - Laserfiche WebLink

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Article 8 To see if the Town will vote to adopt the following Bylaw relative to the regulation of rental properties in the Town §106-8 RENTAL PROPERTY §A. Purpose This chapter is adopted in accordance with the Town of Mashpee's Home Rule Authority in furtherance of the following public purposes: to protect the health, safety, and welfare of both the occupant(s) of rental housing units and the general public; to monitor and enhance compliance with basic life safety and sanitary codes through the registration and permitting of residential rental properties;to provide clear and accessible guidelines for the operation of rental properties for tenants, owners, landlords, and neighbors; to extend awareness of related Town bylaws and health regulations related to operation of a rental property; and to maintain the quality of life in Mashpee's residential neighborhoods. This chapter will assist the Town in the enforcement of state and local health and safety laws, codes and regulations, and will provide a method for correcting violations when conditions require immediate attention, in particular, situations associated with rental tenancy in the Town of Mashpee. This chapter is intended to further the objectives of, and to be implemented in conformance with any applicable federal, state, and local laws concerning the maintenance of property and the habitation of dwellings. § B. Definitions For purposes of this chapter, the following terms have the meanings indicated: 1.) Applicant—any owner(s)who makes a formal application/registration with the Board of Health for a Rental Certificate. 2.) Dwelling — any building or area in a building used or intended for use for human habitation including, but not limited to, apartments, condominiums, cottages, guest houses, one-, two- or multi-unit residential buildings and rooming houses, but not including any licensed facility and/or affordable housing facilities. 3.) Licensed Facility—any facility licensed under any state housing or local housing laws or by-laws, including affordable housing facilities other than those registered under this chapter. 4.) Occupant—Anyone entitled for a period of, at minimum, one night to the use or possession, or the right to use or possession, of a rental property designed and normally used for sleeping and living purposes,or the right to the use or possession of the furnishings or the services and accommodations accompanying the use and possession of such rental property, regardless of whether such use and possession is as a lessee, tenant, or licensee. 5.) Owner(s)—any person who, alone or severally with others,has legal title to any dwelling, dwelling unit, rooming unit or parcel of land, vacant or otherwise; mortgagee in possession; or owner's representative, trustee, or other person appointed by the courts. 6.) Person —any individual, partnership, corporation, limited liability company, firm, association or group, including a governmental unit, other than the Town of Mashpee or any of its agencies. 16