(A) No person or entity shall rent or offer for rent a dwelling unit in the city unless the building is covered by a current, unrevoked Dayton occupational license, as required by Chapter 110 of the Dayton code of ordinances, and a Dayton rental inspection license, as required by this subchapter.
(B) The City of Dayton hereby creates a Rental License and Safety Inspection Program (“program”), which shall become effective on January 1, 2023. Any individual or entity that owns or operates a rental dwelling in the city shall obtain an annual rental inspection license from the city for each rental dwelling unit(s) within that dwelling. Payment for each inspection license shall be due on April 15 of each year and will expire each April 15 thereafter. The city shall not issue a license to any individual or entity if it owes any taxes, fines, fees, or other obligations to the city.
(C) The annual rental license fee shall be forty dollars ($40) for each rental unit, which shall be used to support and pay for the program operated through the city’s Code Enforcement Department. Under the program, the city will endeavor to inspect all rental dwelling units in the city on a biennial basis, i.e., once every two (2) years.
(D) The City Clerk shall issue initial licenses and renewals in the names of the owners of residential rental property. No license shall be issued by the city unless the rental dwelling unit for which the license is issued meets all requirements of this subchapter and applicable rules and regulations pursuant thereto.
(E) No rental inspection license shall be issued or renewed unless the owner or its designee has applied to the city on an application form provided by the city and signed this form. The owner of the rental dwelling shall provide convenient times for inspectors to enter the building to inspect the building under the program.
(F) The city will not issue or renew a rental inspection license for a rental dwelling unless the owner of the dwelling pays the annual fee for each rental unit in the dwelling. The city will not issue an occupational license for a property owner providing rental dwelling units in the city unless the owner first submits an application and pays an annual rental inspection license fee for each rental dwelling unit it owns or operates in the city.
(G) The city will not issue or renew the rental inspection license to an individual or entity not residing in the Commonwealth of Kentucky unless such applicant designates, in writing, with the City Clerk, the name and address of an agent within the Commonwealth of Kentucky.
(H) The owner of rental dwelling unit(s) in the city must produce, if requested by the inspector or other city official, a copy of the rental inspection license for these dwelling unit(s). The rental inspection license is not transferable to another person or entity. Every person holding a rental inspection license shall give notice, in writing, to the inspector within twenty-four (24) hours after transferring the property or otherwise disposing of ownership or legal control of it. Such notice shall include the name and address of the person or entity that now owns or controls the rental dwelling.
(I) Whenever, upon inspection of a rental dwelling unit, an inspector finds conditions or practices that violate provisions of this subchapter, he or she may serve upon the owner or its designee notice of such violation as provided herein. This notice shall be served by the city by either hand delivery to the owner or its agent or by first-class, U.S. mail at its last known address. Such notice shall state that if the cited violations are not corrected within a reasonable time, the owner may be subject to civil fines and/or a suspension or revocation of owner’s occupational license and/or rental inspection license.
(J) At the end of the time allowed for correction of any violations cited by the inspector, the inspector shall reinspect the rental dwelling unit, at a cost of forty dollars ($40) per each additional inspection. If the inspector determines that the violations still exist or have not been properly corrected, then he or she may issue an order assessing fines for noncompliance and/or take action to suspend the city’s rental inspection license and occupational licenses for the rental dwelling. The inspector shall notify the owner of this action in writing and the owner may request a hearing, in writing, before the Code Enforcement Board within seven (7) days after receipt of the notice of violation.
(K) Any person whose license to operate a rental dwelling has been suspended and who has been notified as provided herein shall be entitled to a hearing in the manner provided for in § 150.88 of this subchapter. The city will not revoke a rental inspection license while a hearing is pending. If, upon reinspection, the inspector finds that the rental dwelling cited with a notice of violation is now in compliance with this subchapter, then the inspector shall reinstate the license by written order, which will automatically cancel any pending hearing.
(Ord. 2022-20, passed 9-6-22) Penalty, see § 150.99