(a) Operation Without a License Unlawful.
(1) On and after the thirtieth day following the Effective Date, it shall be unlawful for any Person to operate, Let or Rent any Dwelling Unit in the City, to another Person for human occupancy unless a Residential Rental License has been issued to the Owner by the Code Official for the Dwelling Unit in question, according to the terms of this Article.
(2) Proper application made under this Article for a Residential Rental License for a Dwelling Unit, or the renewal of a Residential Rental License for a Dwelling Unit, shall be satisfactory to permit any Person to Let or Rent that Dwelling Unit to another Person until such time as the Code Official shall either issue a Residential Rental License for the Dwelling Unit following an inspection, or deny the application for a Residential Rental License.
(b) Application and Fee Required.
(1) Not later than the thirtieth day following the Effective Date, and then not later than the expiration date each year of any existing Residential Rental License, it shall be the responsibility of an Owner of any Dwelling Unit(s) being, or intended to be, Rent or Let within the limits of the City, to complete and submit to the Code Official an application for each Dwelling Unit owned by the Owner seeking the issuance of a Residential Rental License for that Dwelling Unit, according to the terms of this Section 1101.03, and other such rules as may be established by the Code Official under the terms of this Article, for a Residential Rental License.
(2) The Owner shall pay a $50.00 fee to the City with any application required by this Article for a Residential Rental License, or the renewal thereof, for each Dwelling Unit, which fees shall be utilized by the City to offset the costs of the enforcement of this Article including the processing of applications, the inspection of property provided for under this Article and the enforcement of the Code.
(3) Provided that due to the cost savings for the City when multiple Dwelling Units are owned by the same Owner and located on a single and separately numbered tax parcel, the fee charged in this Section 1101.03 shall, where there are six (6) or more Dwelling Units owned by the same Owner and located on a single and separately numbered tax parcel, be $50.00 for the first Dwelling Unit application of the applicant Owner and $20.00 for each additional Dwelling Unit application of the applicant Owner for Dwelling Units located on the same tax parcel.
(c) Requirements of an Application. An application for a Residential Rental License shall be signed by both the Owner and the Operator (if any) and where either is not a natural Person, the president, general manager or other executive officer shall sign on behalf of the Owner and Operator (if any). The signatures on the applications for Residential Rental License shall attest to the accuracy and completeness of the information. An application for Residential Rental License shall be in a form to be determined by the Code Official but which shall include at least the following information:
(1) Address of the Dwelling Unit;
(2) Name, physical address, telephone number, mobile telephone number, facsimile number and e-mail address of the Owner(s) of the Dwelling Unit (the information required by this sub-part shall require information for at least one Natural Person who is an officer, director, shareholder, member or manager of an entity Owner provided that in either event a business address and phone number may be used provided that the business operates during normal business hours);
(3) Name, physical address, telephone number, mobile telephone number, facsimile number and e-mail address of the Operator of the Dwelling Unit that represents the Owner in the management of the Dwelling Unit, if any;
(4) Heat source for the Dwelling Unit;
(5) The maximum number of Tenants permitted to reside in the Dwelling Unit;
(6) Whether any Person other than the Owner or any Operator already listed in the application is permitted by the owner to collect rent from the Tenant(s), and if so the name, physical address, telephone number, mobile telephone number, facsimile number and e-mail address of that Person;
(7) Name, physical address, telephone number, mobile telephone number, facsimile number and e-mail address of any Person authorized to make or order repairs or services for the Dwelling Unit;
(8) Name, physical address, telephone number of the bank or other financial institution, if any, who holds a lien on the Dwelling Unit or the land on which the Dwelling Unit is located;
(9) Name, physical address, telephone number, mobile telephone number, facsimile number and e-mail address of the Person designated to accept all legal notice and service of process with respect to the Dwelling Unit;
(10) The Tax Map and Parcel Number on which the Dwelling Unit is located;
(11) Such other information as may be reasonably required by the Code Official to maintain proper records related to compliance with Codes.
(d) Initial Requirements. Each application for a Residential Rental License shall be certified by the City Clerk, prior to being approved, acknowledging that the Owner is current on its Business and Occupation Taxes and Municipal Service Fees. Any application may be denied if the Owner is not current on its Business and Occupation Taxes or Municipal Service Fees.
(e) License Valid through July 1st of each Year. Each Residential Rental License issued by the City under this Article shall be valid from the date it is issued through 11:59 p.m. of the next June 30th following issuance date.
(f) Renewal Application Requirement. Applications for renewal of a Residential Rental License shall be submitted to the City not less than thirty (30) days prior to the expiration of any current Residential Rental License along with a $50.00 fee consistent with subsection (b) of this Section 1101.03, which fees shall be utilized by the City to offset the costs of the enforcement of this Article.
Provided that at the time of application for renewal under this subsection (f) of this Section 1101.03 for year 2013, any Owner who applied and received a Residential Rental License for one or more Dwelling Units and paid the fees required under subsection (b) of this Section 1101.03 on or before June 30, 2013. shall, at the time of renewal of a Residential Rental License for those Dwelling Units, be exempt from paying the fees consistent with subsection (b) of this Section 1101.03 for the 2013 year renewal period beginning July 1, 2013 and ending on June 30, 2014. Nothing in this limitation for the year 2013 shall in any way limit, eliminate or reduce any of the obligations, requirements, terms, conditions, restrictions or other elements of this Article 1101. Nothing herein shall limit any available remedies that may be available to the City to enforce this section.
(g) Accurate and Complete Information Required. All information provided to any official or officer of the City of Dunbar, including but not limited to the City Clerk, the Code Official and each of their agents or designees, shall be accurate and complete. No person shall provide inaccurate information related to the applications required under this Article or in connection with any inspection required or permitted by this Article. Any failure of the Owner or Operator to abide by the requirements of this Section 1101.03
(g) shall be subject to penalty under the terms of this Article.
(Ord. 694. Passed 5-6-13.)