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(a) The purpose of this Article shall be to protect and promote the public health, the safety and welfare of the residents of the City, to establish the rights and obligations of owners and occupants of residential rental units in the City, to provide for the elimination of hazards to public health and safety and to maintain and improve the quality of rental housing within the City.
(b) The City Council finds, in support of its adoption of this article, that there has been a general decline in the physical condition of residential rental units; that there is a greater incidence of problems with the maintenance and upkeep of residential properties which are not owner-occupied; that there are a greater number of Code violations, which are generally more severe, in residential rental units as compared to owner-occupied units; and that establishing a system of residential rental licensing accompanied by an inspection program will aid the City in the protection of the public health, safety and welfare.
(c) The provisions of this Article shall be in addition to, and not in lieu of, methods or processes otherwise contained in any ordinance or law of the City, County or State.
(d) This Article shall be construed liberally in order to achieve the purposes and intent enunciated herein.
(Ord. 669. Passed 5-7-12.)
(a) For the purpose of this Article, the following terms shall mean as follows:
(1) "City" means the City of Dunbar West Virginia.
(2) "Code" means any state or local code or ordinance adopted, enacted or in effect within the jurisdiction of the City relating to or concerning the fitness for habitation, construction, maintenance, operation, use or appearance of any premises or dwelling.
(3) "Code Official" means the official, designated by the appointment of the Mayor, to administer and enforce this Article, or such official's duly authorized representatives.
(4) "Dwelling" means any part of any structure, building, house or portion thereof, containing one or more Dwelling Units, or intended to serve itself as a Dwelling Unit, designed to be occupied for residential sleeping, living, cooking and sanitation purposes by one or more persons, which is leased or rented from the Owner or the Operator to any Tenant, whether by day, week, month, year or any other term. "Dwelling" includes common areas that are not rented or let to a tenant. The word "Dwelling" shall not include any of the exceptions contained in Section 1101.08 of this Article.
(5) "Dwelling Unit" means a single unit within a Dwelling, which is occupied or intended, arranged or designed to be occupied for residential sleeping, living, cooking, and sanitation purposes by one or more persons, which is rented or let from the Owner or the Operator to any Tenant, whether by day, week, month, year or any other term. The word "Dwelling" shall not include any of the exceptions contained in Section 1101.08 of this Article.
(6) "Effective Date" means July 1, 2012.
(7) "Hotel" means a business establishment under single management which provides sleeping accommodations for transients with or without meals, having an annual turnover of room occupancy exceeding three hundred percent (300%) in which the rooms are not directly accessible from an outdoor area.
(8) "Motel" means a business establishment under single management which provides sleeping accommodations for transients with or without meals, having an annual turnover of room occupancy exceeding three hundred percent (300%) in which the rooms are directly accessible from an outdoor area.
(9) "Natural Person" means an individual human being and not a firm, corporation, association, partnership, limited liability company, limited partnership, public entity or entity of any kind.
(10) "Nuisance" means any building, structure, Dwelling, Dwelling Unit, premise, yard, grounds, or property that:
A. Is in a dilapidated, unsafe, hazardous or unsanitary condition due to the number or type of Code violations;
B. Interferes with the use or enjoyment of adjacent property;
C. Injures adjacent property or poses a significant danger to or adversely affects the health, safety or welfare of the surrounding community.
(11) "On-campus residential facility" means a building owned or controlled by an educational institution and/or other institution of higher learning, or spaces within buildings owned or controlled by an educational institution and/or other institution of higher learning, where housing is provided exclusively for students.
(12) "Operator" means any Person who has legal and/or contractual charge, care or control of a Dwelling or Dwelling Unit, or Premises which is Let or offered for occupancy, regardless of whether that Person is the Owner.
(13) "Owner" means any Person or Persons having a legal or equitable interest in a Dwelling Unit, and/or the Premises upon which the Dwelling Unit is situated, whether recorded in the official records of the State, County or Municipality as holding title to the Premises or the Dwelling Unit, or otherwise having control of or paying the ad valorem taxes on, a Dwelling Unit or the real property upon which the Dwelling Unit is situated. The term Owner may also be read to include the duly authorized agents or representatives of the Owner including any Operator.
(14) "Person" means a Natural Person or a firm, trust, corporation, association, partnership, limited liability company, limited partnership, public entity, joint venture and/or any other kind of entity or enterprise, whether or not incorporated or certificated with any public body, of any kind or character.
(15) "Premises" means a lot, plot or parcel of real property upon which any Dwelling Unit is situated.
(16) "Rent" or "Let" means to permit possession, occupancy or habitation of a Dwelling Unit by one or more individuals who are not the Owner(s) of the Dwelling Unit, pursuant to a written or unwritten lease or other agreement, regardless of compensation paid by the occupant(s) for such lease and duration of time in which such lease is in effect.
(17) "Residential" means property or structures suited or intended for occupancy or habitation by human persons for periods of time longer than thirty days.
(18) "Residential Rental License" means a document issued by the City to the Owner of a Dwelling Unit, granting permission to Rent or Let the Dwelling Unit in the City.
(19) "Structure Unfit for Human Occupancy" means a structure that is unsafe in the judgment of the Code Official because of the degree to which the structure is in disrepair or is unsanitary, is infested with vermin, contains filth and contamination or lacks ventilation, illumination, sanitary necessities, heating facilities or other essential equipment reasonably required for human habitation; or a structure that fails to meet the requirements of relevant Codes; or a structure, the location of which, constitutes a hazard to the occupants of the structure or to the public.
(20) "Tenant'' means an occupant or habitant in a Dwelling Unit, other than the Owner, secured by an agreement between Owner or its representative, agent or Operator, and Tenant, regardless of whether the Owner receives any consideration for the occupancy and regardless of the duration of the occupancy.
(21) "Transient" means a Natural Person residing or stopping in the City for less than thirty (30) days at any one time.
(22) "Unsafe Equipment" means any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid container, plumbing or other equipment within a structure, or on premises containing a Dwelling or Dwelling Unit or that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of a Dwelling Unit.
(23) "Unsafe Structure" means one that is found to be dangerous to the life, health, property or safety of the public or to the occupants or habitants of the structure due to the failure to provide minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated or structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is reasonably possible.
(b) Words used in the present tense include the future; the singular form of words includes the plural and vice versa; the word "shall" is always to be read to create an affirmative obligation.
(Ord. 669. Passed 5-7-12.)
(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.)
(a) The Code Official may inspect or re-inspect any Dwelling and Dwelling Unit to determine compliance with the Codes and the requirements of this Article, provided that, Owners shall not be required to pay any fees .for re-inspection visits except as provided by this Article.
(b) The Code Official is authorized to enter a Dwelling or Dwelling Unit, for the purpose of his or her inspecting authority under this Article, at reasonable times during the day, provided that permission to enter is obtained from the Owner or Operator thereof and a Tenant or occupant. If the Code Official cannot obtain such permission then an appropriate and lawful warrant must be obtained before such entry or inspection is made.
(c) The Code Official shall carry proper identification when inspecting a Dwelling or Dwelling Unit in the performance of his/her duties under this article.
(Ord. 669. Passed 5-7-12.)
(a) The Code Official shall refuse to issue or renew a Residential Rental License for any Dwelling Unit if any of the following conditions are found to exist:
(1) The Dwelling or Dwelling Unit does not comply with the terms and conditions of any current Residential Rental License;
(2) The Dwelling or Dwelling Unit is a Structure Unfit for Human Occupancy;
(3) The structure is a Unsafe Structure or the Dwelling Unit is in violation of the Code;
(4) The Dwelling or Dwelling Unit contains or is served by Unsafe Equipment;
(5) The Dwelling or Dwelling Unit is a Nuisance or has a history of Nuisance;
(6) The Dwelling or Dwelling Unit has a history of non-compliance with Codes regarding maximum occupancy;
(7) The Owner or Operator has an outstanding balance, owed to the City, related to Business and Occupation Taxes;
(8) The Owner or Operator has an outstanding balance, owed to the City, related to other municipal service fees;
(9) The Owner or Operator has failed to pay any required fees or penalties under this Article.
(b) The Code Official may revoke the current Residential Rental License of a Dwelling Unit according to the terms of this Article if the Code Official determines:
(1) The Dwelling or Dwelling Unit is in a Structure Unfit for Human Occupancy;
(2) The Dwelling Unit is in an Unsafe Structure or the Dwelling Unit is in violation of the Code;
(3) The Dwelling Unit relies on or utilizes Unsafe Equipment, whether or not located within the Dwelling Unit;
(4) The Owner or Operator is delinquent in the payment of Business and Occupation Taxes or any other applicable municipal service fees;
(5) The Owner fails to pay any fees required by this Article or penalties imposed by this Article.
(c) If an Owner or Dwelling Unit fails to comply with any requirements of this Article resulting in the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, or if the provisions of any applicable Code that result in the a determination of Structure Unfit for Human Occupancy, Unsafe Structure, or Unsafe Equipment, then the Code Official shall notify the Owner or Operator in writing of the deficiencies within ten (10) days of the determination.
(d) In the event of the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, the Owner or Operator shall have thirty (30) days from the date the notice required under subsection (c) of this section was issued, to take corrective action and schedule a subsequent inspection by the Code Official. The notice required by this section shall explain this corrective deadline. In the event of re-inspection that is required as a result of a notice of non-compliance under this Section 1101.05, the Owner shall pay a fee of fifty dollars ($50.00) per Dwelling Unit subject to re-inspection, which fees shall be utilized by the City to offset the costs of the enforcement of this Article.
(e) In the event that the Owner or Operator has failed to correct, within the thirty day corrective period, the circumstances leading to the failure of the City to issue, failure of the City to renew or the revocation of any Residential Rental License, the Owner or Operator shall not be issued a Residential Rental License or a renewal thereof and may have any existing Residential Rental License revoked. The Owner may be subject to penalties under this Article until such time as the Owner shall reapply having updated, repaired or otherwise brought the subject Dwelling or Dwelling Unit into compliance with this Article and applicable Codes and had a Residential Rental License issued.
(Ord. 669. Passed 5-7-12.)
(a) Any notice required or provided for under this Article shall:
(1) Be in writing;
(2) Include a description of the Dwelling Unit(s) to which the violation pertains, sufficient for identification;
(3) Include a statement of the specific violation( s) and why the notice is being issued;
(4) For violations of the Code or those that may be corrected through the work of the Owner, include a correction order setting forth the specific repairs and improvements to be performed and the time in which the repairs and improvements required to bring the Dwelling or Dwelling Unit into compliance with this Article are to be performed;
(5) Inform the Owner of the rights to the Owner to appeal any determination of the City under which he, she or it is aggrieved.
(b) Any notice required under this Article shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally;
(2) Sent by certified mail addressed to the last known physical address of the Owner or Operator;
(3) Sent by certified mail addressed to the Owner according to the ad valorem tax records of Kanawha County, West Virginia.
(c) In the event that service of notice under subsection (b) of this section fails or is returned, after ten (10) business of the failure of service, the notice may be posted in a conspicuous place in or about the Dwelling or Dwelling Unit affected by the notice. Such posting of notice shall constitute adequate service.
(Ord. 669. Passed 5-7-12.)
A Residential Rental License may not be transferred, sold, conveyed, devised, inherited, escheat, be foreclosed upon or otherwise pass from one Person to another Person. In the case of a licensed Dwelling or Dwelling Unit that is sold or transferred, or when a new Dwelling or Dwelling Unit is constructed, the new Owner shall seek a Residential Rental License for the Dwelling purchased, acquired or constructed. Failure of the new Owner to seek a Residential Rental License for the Dwelling within sixty (60) days of the date of sale or transfer of ownership, or the date of the completion of construction, constitutes a violation of this Article and shall result in penalties as provided in this Article.
(Ord. 669. Passed 5-7-12.)
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