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(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)
Whenever an owner of any rental dwelling unit fails, neglects, or refuses to make repairs or other corrective action cited in a notice, the inspector may either apply to the court for appointment of a receiver, or take other appropriate action permitted by the Kentucky Revised Statutes, the Dayton code of ordinances, or orders issued by the Campbell County District and/or Circuit Courts to collect rents and make repairs, or proceed in accordance with city ordinances relating to demolishing dilapidated or dangerous buildings.
(Ord. 2022-20, passed 9-6-22)
(A) (1) Any person aggrieved by any notice or order of the inspector issued under this subchapter may file a petition setting forth his or her reasons for contesting the notice or order with the City of Dayton Code Enforcement Board (hereafter referred to as “Board”), within seven (7) business days after receipt of such notice or order from the inspector.
(2) Upon receipt of the petition, the Board shall set a hearing date and notify the petitioner of this date. At the hearing, the city shall prosecute the case before the Board and present sufficient evidence to allow the Board to find, by a preponderance of the evidence, that a violation has occurred.
(3) At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn or why the period of time permitted for compliance should be extended.
(4) The Board may affirm, modify, or reverse the notice or order and may grant an extension of time for the performance of any act required where practical difficulty or undue hardship exists in connection with the performance of any act required by the notice or order and that such extension is in harmony with the general purpose of this subchapter to secure the public health, safety, and welfare, or the Board may fine the owner for noncompliance pursuant to the terms of this subchapter.
(B) In addition to the other remedies outlined in this subchapter, any rental inspection license issued by the city, with notice to the holder thereof and after a hearing, may be revoked or suspended by the Board for the following:
(1) If the owner continually and persistently allows a public nuisance on the premises or permits persons occupying any rental dwelling to make or cause any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety, of others within the city limits;
(2) If the owner continually and persistently allows a public nuisance on the premises or permits persons occupying a rental dwelling to cause inconvenience, annoyance, or alarm or wantonly create a risk by engaging in fighting or in violent, tumultuous, or threatening behavior, or to cause a hazardous or physically offensive condition by any act that serves no legitimate purpose;
(3) If the owner continually and persistently allows a public nuisance on the premises or permits persons occupying any rental dwelling to emit or cause any foul, offensive, nauseous, noxious, or disagreeable odors that are extremely repulsive to the physical senses of reasonable persons, which annoy, cause discomfort, injury, or inconvenience to others within the city;
(4) If the owner fails to make corrections or repairs mandated by the inspector, which include, but are not limited to, work required to ensure the rental dwelling is safe and sanitary; or
(5) If the owner has failed to pay any city taxes, fees, or obligations.
(C) Final decisions of the Dayton Code Enforcement Board may be appealed to Campbell District Court.
(D) If an owner files an action for a writ of forcible detainer in the Campbell County District Court or for any action of ejectment in a court of competent jurisdiction for eviction of a tenant who is the cause of a nuisance, as described herein, then any proceeding before the Board shall be placed on hold pending a final determination by the court. If the court refuses to evict the offending tenant and the owner has made a good faith effort to abate the nuisance by eviction, then any pending proceeding before the Code Enforcement Board shall be dismissed. Dismissal shall not prevent the city, through the inspector, from implementing the provisions of this subchapter to abate future or continuing nuisances occurring in the rental dwelling.
(E) The inspector shall cooperate with an owner who is attempting to evict a tenant charged with creating a nuisance by furnishing documentary and/or oral evidence, if applicable, to the court to support the owner’s efforts to prove the existence of a nuisance.
(Ord. 2022-20, passed 9-6-22)
(A) Any person, firm, or corporation violating any of the provisions of §§ 150.30 through 150.32 or §§ 150.34 through 150.36 shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) plus costs of court, for each offense. Each day that a person, firm, or corporation violates these sections or any provision therein and each day that any prohibited condition is allowed to continue as a result of the work performed or failed to be performed by any person, firm, or corporation, shall constitute a distinct and separate offense.
(Ord. 950.5 passed 2- -80)
(B) Any person, firm, or corporation violating any of the provisions of §§ 150.51 through 150.54 shall, upon conviction, forfeit and pay a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for every day thereafter so long as the violation exists, and a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for subsequent violation.
(Ord. 310.1, passed 10-15-57)
(C) (1) Any person, firm, or corporation violating any of the provisions of § 150.55 shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. If violation(s) consist in a dwelling or a rooming unit as these are defined in § 150.55(A), each unit shall be deemed and considered a separate violation.
(2) Waiver provision. The above penalty for noncompliance with § 150.55 shall be waived if the dwelling or dwelling unit is brought into compliance with § 150.55 within thirty (30) days after notice of the original violation. The Fire Chief shall make a reinspection of the dwelling unit to confirm compliance after thirty (30) days from the date of notice of the original violation. Failure of the property owner through act or omission to allow re-entry shall constitute prima facie evidence of continued violation.
(D) Any person found in violation of § 150.56 shall be guilty of a violation and shall be subject to a fine of not more than two hundred fifty dollars ($250.00). Each day of violation shall constitute a separate offense.
(1) If a notice of violation or citation issued under this subchapter is not contested by the person charged with the violation, the penalties set forth in this section and in accordance with the notice issued shall apply.
(2) Any person or legal entity that violates a provision of §§ 150.80 through 150.88 shall be subject to a civil fine of not less than fifty dollars ($50.00) per day, per violation, but not more than one hundred dollars ($100.00) per day, per violation for the first thirty (30) days the violation(s) remains uncorrected, and thereafter, a civil fine of not less than one hundred dollars ($100.00) per day, per violation, but not more than two hundred fifty dollars ($250.00) per day per violation, until the violation(s) are corrected. The city may also recover any costs it incurs in abating the violation(s), including attorney fees, court costs, and interest. Each day a violation continues after due notice has been served shall be deemed a separate offense, up to a maximum of five thousand dollars ($5,000.00) per violation.
(3) The city shall possess a lien on the property for all fines, penalties, charges, attorney’s fees, court costs, interest, and other reasonable costs associated with enforcing §§ 150.80 through 150.88 and placing of a lien on a parcel of real property. The lien shall be superior to and have priority over all other liens filed, except state, county, school board, and city taxes.
(6) Any person or legal entity that is delinquent in payment of the annual rental license fee of forty dollars ($40.00) per unit per year one (1) month after its due date shall subject to a lien in the amount of two hundred fifty dollars ($250.00) per rental unit.
(Ord. 1990-4, passed 4-3-90; Am. Ord. 1992-4, passed 3-3-92; Am. Ord. 2007-23, passed 12-4-07; Am. Ord. 2022-20, passed 9-6-22)