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(A) Meaning of certain terms. Whenever the words “BUILDING,” “BUILDING UNIT,” “DWELLING,” “DWELLING UNIT,” “MOBILE HOME,” “PREMISES” and “STRUCTURE” are used in this subchapter, they shall be construed as though they are followed by the words “or any part thereof or any premises accessory thereto.” Words used in the singular include the plural and the plural the singular.
(B) Undefined words. Words not specifically defined in this subchapter shall have the common definition set forth in a standard dictionary, or the city’s code of ordinances, the most current version of the International Property Maintenance Code, or the statewide Building Code or Fire Safety Code.
(C) For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“ADMINISTRATIVE SEARCH WARRANT.” A written order of a judge or other officer authorized by statute to issue search warrants that commands the inspection of rental dwellings under this subchapter, which shall be obtained pursuant to § 10.50
of the Dayton code of ordinances.
“BUILDING.” A fixed construction with walls, foundation, and roof, such as a house, factory, or garage.
“CITY.” The City of Dayton, Kentucky.
“CITY CODE OF ORDINANCES” or “CODE.” The codification of the ordinances adopted by the city and published by American Legal Publishing Corporation, including supplements thereto.
“DILAPIDATED.” No longer adequate for the purpose or use for which it was originally intended, or the city has deemed it blighted.
“DWELLING UNIT.” Any enclosed space used or intended to be used — wholly or in part — for living and sleeping purposes, whether or not cooking and eating facilities are provided, including such space provided to third parties by the owner, including family members and friends, free of charge. Temporary housing, as defined hereinafter, shall not be classified as a “DWELLING UNIT.” Industrialized housing and/or modular construction used or intended for use of living and sleeping purposes shall be classified as “DWELLING UNIT.” “DWELLING UNIT” shall not include hotels or motels that primarily rent rooms on a daily or weekly basis, but it does include short-term rentals.
“FIRE SAFETY CODE.” The current NFPA Code (including NFPA 101, Life Safety Code), or any other code (such as electrical code or fire alarm code) adopted by the city and/or the Bellevue-Dayton Fire Department.
“HABITABLE ROOM.” A room or enclosed floor area used or intended to be used for living or sleeping purposes, excluding bathrooms, basement laundries, furnace rooms, utility rooms of less than fifty (50) square feet of floor space, corridors, stairways, closets, storage spaces, unheated areas, and workshops and hobby areas below ground level.
“HOUSEHOLD.” One (1) or more individuals living together in a single dwelling unit and sharing common living, sleeping, cooking, and eating facilities.
“HOUSING CODE.” The current property maintenance code enforced by the city, including the International Property Maintenance Code and nuisance ordinances adopted by the city.
“KENTUCKY BUILDING CODE.” The statewide Building Code adopted pursuant to KRS 198B.010 et seq., or other versions of the Building Code applicable to the particular structure or building.
“MOBILE HOME.” A structure, transportable in one (1) or more sections, which is eight (8) feet or more in width and forty (40) body feet or more in length when in the traveling mode, has three hundred twenty (320) or more square feet when erected on site, is built on a permanent chassis, is designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities, includes plumbing, heating, air-conditioning, and electrical systems and may be used as a place of residence, business, profession, or trade by the owner, lessee or their assigns, and may consist of one (1) or more units that can be attached or joined together to comprise an integral unit or condominium structure.
“OCCUPANT.” Any individual having possession of a premises or any individual over one (1) year of age, living, sleeping, cooking or eating in or having possession of a dwelling unit or a rooming unit, including family members and others who are living in the premises, whether or not they are paying rent to the owner or operator of the premises.
“OPERATOR.” Any person who has ownership, charge, care, control, or management of a building, or part thereof, in which building units are leased.
“OWNER.” Any person who alone, jointly, or severally with others, as of January 1 of each calendar year, beginning on January 1, 2022:
(a) Has legal title to any premises, building, or dwelling unit, with or without accompanying actual possession thereof, including property for which the owner has granted or has attempted to grant equitable interest to an occupant, whether by land contract or other legal document; or
(b) Shall have charge, care, or control of any premises, building, or dwelling unit, as owner, as an agent of the owner, or as executor, administrator, trustee, or guardian of the estate of the owner. Any such person thus representing the owner shall be bound to comply with the provisions of this subchapter and of rules and regulations adopted pursuant to it to the same extent as if he or she were the owner.
“PERSON.” Any individual, firm, corporation, limited liability company, association, partnership, cooperative, trust, or governmental agency.
“PREMISES.” A platted lot or part thereof or unplatted lot or parcel of land or plat of land, either occupied with a dwelling or other structure or unoccupied, and includes any such building or part thereof, accessory structure, or other structure thereon.
“RENTAL DWELLING.” Any residential structure or residential or commercial building containing one (1) or more units, which the owner and/or operator either actually rents or leases or intends to rent or lease to the public for residential purposes, excluding those buildings not covered by this subchapter.
“RENTAL DWELLING UNIT.” Any residential unit within a rental dwelling that is actually rented, leased, or otherwise made available to the public or is intended to be rented, leased, or otherwise made available to the public for residential purposes, excluding those units not covered by this subchapter. With regard to mixed-use properties, only those units within the parcel that are rented, leased, or made available to the public for residential purposes shall require a rental dwelling license.
“RENTAL INSPECTION LICENSE” or “INSPECTION LICENSE.” The rental dwelling license established and required by this subchapter.
“RENTAL OCCUPATIONAL LICENSE” or “OCCUPATIONAL LICENSE.” The occupational license for every person engaged in the business of leasing or renting real property as required by § 110.03
(A)(2) of the city code of ordinances.
“RENTAL UNIT INSPECTOR” or “INSPECTOR.” Any authorized city employee or contractor, including, but not limited to, a License Inspector, Code Enforcement Officer, City Administrator, Assistant City Administrator, inspectors with the Campbell County Planning, Zoning, and Building Department, and inspectors with the Bellevue-Dayton Fire Department.
“RESIDENT.” Any adult or child residing within the city.
“SAFETY.” The condition of being reasonably free from danger and hazards that may cause accidents or disease.
“SHORT-TERM RENTAL.”
(a) Any residential dwelling unit or part thereof;
(b) Offered or held out to the public or rented on a hosting website, web, or mobile application, or other online platform through which short-term rentals are listed, advertised, solicited, or otherwise held out for rent; and
(c) For a duration of occupancy of less than thirty (30) consecutive days, or longer if the short-term rental otherwise meets the definition herein.
“SUPPLIED.” Paid for, furnished by, provided by, or under the control of the owner, operator, or its agent.
“TEMPORARY HOUSING.” Any tent, trailer, transient mobile home, or any other structure used for human shelter that is designed to be transportable and that is not attached to the ground, to another structure, or to any utility system and remains on the same premises for more than thirty (30) consecutive days.
“UNIT.” A room or group of rooms located within a building forming a single habitable unit.
(Ord. 2022-20, passed 9-6-22; Am. Ord. 2022-26, passed 12-6-22)
(A) Every owner and/or operator of a rental dwelling in the city must register every rental dwelling unit it owns or operates in the city every year and pay an annual rental license fee for each rental dwelling unit. The owner and/or operator must also acquire an occupational license to do business in the city and pay annual business license taxes pursuant to Chapter 110 of the Dayton code of ordinances.
(B) No person shall let a rental dwelling unit in the city for occupancy unless it is clean, sanitary, and complies with all applicable laws and the city code of ordinances, including the International Property Maintenance Code, the Kentucky Building Code, the Kentucky Fire Safety Code, and applicable Dayton city ordinances.
(C) Every owner of a building containing two (2) or more rental dwelling units shall maintain in a clean and sanitary condition any shared entrances or shared stairways or public areas.
(D) Every owner of a building containing one (1) or more rental dwelling units shall maintain the private sidewalks, curbs, and grassy areas contiguous to the rental property in a safe condition free of patent defects, trash and debris, and dangerous conditions.
(E) Every owner of a building containing one (1) or more units shall comply with the provisions of the City of Dayton code of ordinances, including the removal from the premises of all brush, weeds, stumps, dead trees, obnoxious growth, filth, garbage, trash, and debris.
(F) Every owner of a building containing one (1) or more rental dwelling units shall comply with all provisions of the city code of ordinances, including ordinances prohibiting nuisances as set forth in Chapter 99 of the code. In addition, every owner of a building containing one (1) or more units shall screen the area where garbage cans and receptacles are kept on the premises so that the garbage area is not easily visible to those persons using the public sidewalks and streets. Screening may be accomplished by the erection of a fence, planting shrubs and foliage, or by using a fence or foliage already in existence so long as such screening applies to applicable zoning and building codes.
(Ord. 2022-20, passed 9-6-22) Penalty, see § 150.99
(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
(A) The inspector shall enforce the provisions of this subchapter. The inspector is authorized and directed to inspect rental dwelling units within the city in response to a complaint that an alleged violation of this subchapter may exist, when the inspector has valid reason to believe a violation of this subchapter has been or is being committed, or as part of a proactive rental inspection (“PRI”) program that the city may implement. Complaints to the city may be submitted by any individual, including an occupant of a rental dwelling unit, a neighbor, contractor, Code Enforcement Officer, or Police or Fire Department officer.
(B) The inspector is authorized to enter and inspect all premises subject to the provisions of this subchapter for the purpose of determining whether a rental dwelling or dwelling unit complies with the provisions of this subchapter. The inspector may enter any rental dwelling unit and the common areas used by the tenant in that rental dwelling at the tenant’s invitation, without the consent of the owner and/or operator of the rental dwelling.
(C) The inspector and the owner, occupant, or other person in charge of the premises may agree to an inspection by appointment.
(D) During inspections, the owner, occupant, or other person in charge of premises, upon presentation of proper identification by the inspector, shall allow the inspector to enter and have free access to every part of the premises. If access is refused, the inspector may apply for an administrative search warrant to gain access. The Dayton Police Department shall assist the inspector in preparing the administrative search warrant and presenting it to the Campbell District Court to secure issuance of the warrant.
(E) No owner or landlord shall retaliate against a tenant for lodging a complaint about his or her rental dwelling unit with the city.
(Ord. 2022-20, passed 9-6-22) Penalty, see § 150.99
(A) Whenever any inspector determines that any premises or rental dwelling unit in a rental dwelling fails to meet the requirements set forth in this subchapter, he or she shall issue a notice setting forth the alleged violations and advise the owner that such violation must be corrected (“notice”). This notice shall:
(1) Be in writing;
(2) Set forth the alleged violations of this subchapter;
(3) Describe the rental dwelling or rental dwelling unit where the violations are alleged to exist or to have been committed;
(4) Provide a reasonable time, generally not to exceed thirty (30) days, to make corrections to the alleged violations;
(5) Notify the owner or operator of the rental dwelling or rental dwelling unit responsible for compliance with the alleged violation(s) by regular U.S. mail;
(6) State that the violation must be corrected within thirty (30) days and describe the procedure and time limit to apply for a reconsideration or formal hearing. An extension of this deadline may be given upon good cause at the discretion of the inspector.
(B) At the end of the period of time allowed for compliance, the inspector shall reinspect the premises or dwelling unit described in the notice.
(Ord. 2022-20, passed 9-6-22)
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