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properties for tenants, owners, landlords, and
<br />neighbors; to extend awareness of related Town
<br />bylaws and health regulations related to operation of a
<br />rental property; and to maintain the quality of life in
<br />Mashpee's residential neighborhoods. This chapter will
<br />assist the Town in the enforcement of state and local
<br />health and safety laws, codes and regulations, and will
<br />provide a method for correcting violations when
<br />conditions require immediate attention, in particular,
<br />situations associated with rental tenancy in the Town
<br />of Mashpee. This chapter is intended to further the
<br />objectives of, and to be implemented in conformance
<br />with any applicable federal, state, and local laws
<br />concerning the maintenance of property and the
<br />habitation of dwellings.
<br />§ B. Definitions
<br />For purposes of this chapter, the following terms have
<br />the meanings indicated:
<br />15) Applicant — any owner(s) who makes a formal
<br />application/registration with the Board of Health
<br />for a Rental Certificate.
<br />16) Dwelling — any building or area in a building used
<br />or intended for use for human habitation including,
<br />but not limited to, apartments, condominiums,
<br />cottages, guest houses, one-, two- or multi -unit
<br />residential buildings and rooming houses, but not
<br />including any licensed facility and/or affordable
<br />housing facilities.
<br />17) Licensed Facility — any facility licensed under any
<br />state housing or local housing laws or by-laws,
<br />including affordable housing facilities other than
<br />those registered under this chapter.
<br />18) Occupant — Anyone entitled for a period of, at
<br />minimum, one night to the use or possession, or the
<br />right to use or possession, of a rental property
<br />designed and normally used for sleeping and living
<br />purposes, or the right to the use or possession of
<br />the furnishings or the services and
<br />accommodations accompanying the use and
<br />possession of such rental property, regardless of
<br />whether such use and possession is as a lessee,
<br />tenant, or licensee.
<br />19) Owner(s) — any person who, alone or severally
<br />with others, has legal title to any dwelling,
<br />dwelling unit, rooming unit or parcel of land,
<br />vacant or otherwise; mortgagee in possession; or
<br />owner's representative, trustee, or other person
<br />appointed by the courts.
<br />20) Person — any individual, partnership, corporation,
<br />limited liability company, firm, association or
<br />group, including a governmental unit, other than
<br />the Town of Mashpee or any of its agencies.
<br />21) Rental Property — any dwelling that is rented or
<br />leased including, but not limited to, those dwellings
<br />that are rented or leased on a seasonal, daily,
<br />weekly and/or monthly basis.
<br />§ C. Rental Certificates
<br />5. No person(s) shall rent or lease, or offer to rent or
<br />lease, any dwelling or any portion of a dwelling to
<br />be used for human habitation without first
<br />registering with the Board of Health and obtaining
<br />a Rental Certificate. The Board of Health shall
<br />determine the number of bedrooms and the number
<br />of persons such dwelling or portion of a dwelling
<br />may lawfully accommodate under the provisions
<br />of Chapter 11 of the State Sanitary Code 105 CMR
<br />410.000, Title V of the State Environmental Code
<br />310 CMR 15.000, The State Building Code and the
<br />State Fire Marshall's Code.
<br />6. The Board of Health shall, pursuant to the above
<br />subsection, issue a Rental Certificate which shall
<br />be renewed by the following December 31sr
<br />provided that the Certificate may be renewed each
<br />year.
<br />7. The Rental Certificate shall be issued subject to
<br />regulations adopted by the Board of Health at a
<br />public hearing in relation to parking, refuse, food,
<br />the Building and Fire Codes for the protection of
<br />the public health, safety and welfare.
<br />8. The following information shall be provided on the
<br />Rental Certificate:
<br />I. The owner(s) name, address and telephone
<br />number.
<br />I1. The number of dwelling units and the number
<br />of bedrooms in each dwelling unit.
<br />IlI. The maximum number of occupants, as
<br />defined in Section C 1 that may be permitted in
<br />each dwelling unit.
<br />IV. The name, address, and telephone number(s)
<br />of the responsible individual(s) who will be
<br />available to respond to emergencies and
<br />requests for assistance from owner(s) or Town
<br />of Mashpee staff within two hours for
<br />emergencies and twelve (12) hours for non -
<br />emergencies of being called.
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