(A) Purpose and scope.
(1) The purpose of this section is to establish a rental dwelling permit program in order to promote health and safety standards for rental properties, to protect tenants from substandard housing and to maintain neighborhood stability. These standards relate to the condition, maintenance and occupancy of rental units and are intended to insure that rental housing is safe, sanitary, and suitable in accordance with all applicable laws.
(2) This section applies to all rental units within the city. This section shall not apply to an owner occupied dwelling unit.
(B) Definitions. The following words and phrases, whenever used in this section shall be construed as defined in this section.
APPLICABLE LAWS. The city’s Building Code (International Property Maintenance Code 2012 as revised and adopted), the City Zoning Ordinance, other city ordinances, and other statutes or regulations relating to the health or safety of housing, residents, occupants, or the general public.
CITY. The City of Fulton, Kentucky.
DEFICIENCY. Any failure by a rental unit subject to this chapter to comply with applicable laws.
MIXED USE BUILDING. A building that is being utilized, simultaneously, for both residential and commercial purposes; for example, a building that has a storefront on street level and residential apartments on upper floors. The provisions set forth herein only apply to the residential portion thereof.
OCCUPANT. An individual, partnership, corporation or association, and/or agent of any of them, lawfully residing in a rental unit.
OWNER. Collectively the owner of record title of a rental unit as shown on the last equalized assessment roll, and/or such owner’s authorized agent.
RENT. A payment of an amount fixed by contract, agreement, or lease, made by a tenant at specified intervals in return for the right to occupy or use the property of another.
RENTAL DWELLING PERMIT. A permit issued by the city pursuant to this section.
RENTAL HOUSING. Collectively, all rental units within the city.
RENTAL UNIT. Any rented residential or commercial structure or space within the city being rented or leased.
UNIT UNAVAILABLE FOR RENT. A rental unit whose owner has filed with the Code Enforcement Office a statement signed under penalty of perjury in accordance with administrative regulations adopted pursuant to this section which statement provides that the rental unit is not offered or available for rent as a rental unit, and that prior to offering or making available the rental unit for rent as a rental unit, the owner will apply for a rental permit for the rental unit pursuant to this section and any applicable administrative regulations adopted pursuant to this section.
(C) Applicability and exceptions. The provisions of this section shall apply to all rental units, however, that the provisions of this section shall not apply to:
(1) Owner occupied rental units.
(2) Rental units that are owned, operated or managed by a governmental agency, other than the city or which are exempt form municipal regulation pursuant to state or federal law or regulations, but only so long as the government ownership, operation or management or exemption from municipal regulation continues in effect.
(3) Rental units that are owned or operated by an entity recognized as a non-profit corporation or exempt organization under the provisions of 26 U.S.C. § 501(c) of the Internal Revenue Code.
(4) The provisions hereof shall not apply to licensed hotels or motels, bed and breakfast establishments, jails, convents, monasteries, nursing homes, board and care homes, parsonages, parish houses, rectories or hospitals.
(D) Compliance and permit requirement additional to other occupational/business license requirements. Every owner of a rental unit must separately comply with both the occupational/business license requirements of the city and the requirement to obtain a rental permit under this chapter.
(E) Rental license required and prohibition.
(1) No owner or other person shall offer for rent or otherwise allow to be occupied via leasehold any rental unit unless the owner has first obtained a rental dwelling permit under the terms hereof.
(2) No tenant shall occupy any rental unit that has not been issued a rental dwelling permit.
(3) Owners of all rental units existing at the time of passage of this section shall apply for and obtain a rental dwelling permit within six months of the effective date of this section.
(4) Any owner desiring to offer for rent any rental unit shall make a yearly application to the city for a rental permit.
(5) All applications shall be made on the forms prescribed by and provided by the Building Official.
(6) Upon payment of the associated fee and following a rental inspection being done in the last 12 months and the cure of deficiencies as provided hereby if any, the Building Official shall issue a rental dwelling license authorizing the owner to offer for rent the identified rental unit(s).
(7) If a rental dwelling is occupied previous of passage of this section and the tenant will not give consent to inspection then the inspection shall be waived until such time as the unit becomes unoccupied.
(8) One rental dwelling permit shall be issued for each rental unit.
(9) A purchase of any existing rental unit shall make an initial written application of the Building Official for a rental dwelling permit within 60 days of the purchase or before the unit may be rented.
(10) The Office of Code Enforcement shall have authority to exercise its regulatory powers hereunder, including the power to issue, deny, renew, revoke and suspend any rental dwelling permit of the applicable laws are not met.
(F) Permit procedure and application.
(1) The owner of a rental dwelling shall apply to the Office of Code Enforcement or City Clerk for a rental dwelling license prior to allowing that unit to be occupied.
(2) The application and permit shall be provided at no charge.
(3) The owner of two or more residential dwelling units that share the same street address (for example, the owner of a duplex or multi-family apartment building) may use a single application to apply for permits for all of the units that share that address.
(4) Application shall be made on a form furnished to the owner by the city and shall set forth the following information:
(a) The name, address and telephone number of the owner of the rental dwelling or unit thereof. If the owner is a partnership, the name of the partnership and the name and residence of the managing partner shall be included. If the owner is a corporation, the name and address of the corporation, the name of the chief operating officer and its agent for service of process in Kentucky shall be included.
(b) If the owner has appointed an agent authorized to maintain and manage the property, the name, business or residence address and telephone number of the agent.
(c) Every applicant, whether an individual, partnership or corporation, must identify in the application by name, residence or business street address and telephone number, the person who is actively involved in, and responsible for the maintenance and management of the premises. That person shall, if other than the owner, affix his or her notarized signature to the application, thereby accepting joint and several responsibilities with the owner (including any potential criminal, civil or administrative liability) for the maintenance and management of the premises. A post office box or commercial mail receiving service is not acceptable as an address for such person.
(d) The street address (including any applicable apartment, room or unit numbers) of the rental dwelling unit or unit(s) to which the application pertains.
(5) In the event that any of the information required to be provided herein should change either before or after the rental dwelling permit is issued, the applicant shall, within 14 days of such a change, notify the Office of Code Enforcement, in writing, of the change.
(G) Rental dwelling permit duration, due date, expiration and renewal.
(1) The annual rental permit fee shall be at no charge for each rental unit.
(2) All rental dwelling permits shall be issued on an annual basis with the required application due and by April 15 of each year. The permit period shall be for one full year commencing July 1 and extending through and expiring on June 30 of the following year, subject to renewal year to year in the same manner provided herein. All owners or their agents shall apply for renewal of the permits on a form provided by the city. No permit shall be granted without application.
(3) Any permit not renewed on or before April 15 for the following license period will be deemed late and will be issued as workload permits.
(4) Any unit that does not receive a permit due to being filed after the due date shall be considered in violation and subject to penalties as stated herein.
(H) Permit standards and conditions. The following minimum standards and conditions shall be met in order to obtain and renew a rental dwelling permit. Failure to comply with any of these standards and conditions shall be adequate grounds for the denial, refusal to renew, revocation or suspension of any rental dwelling license.
(1) The applicant shall have filed the required rental dwelling permit application(s).
(2) Rental dwellings shall not exceed the maximum number of units permitted by the zoning code. All rental dwelling applications shall be reviewed by the Office of Code Enforcement for compliance herewith and whose approval shall be required for issuance.
(3) No rental dwelling shall be overcrowded or illegally occupied in violation of the fire, zoning, life safety, property maintenance and/or building codes of the city.
(4) The rental dwelling shall not have been used or converted to any other type of use in violation of the zoning code.
(5) Comply with all provisions of the applicable city fire, zoning, life safety, property maintenance and/or building codes.
(6) The applicant shall maintain a current register of all tenants and other persons with a lawful right of occupancy to any rental dwelling.
(7) There shall be no delinquent property taxes, unpaid utility bills by the owner, assessments or any unpaid code enforcement citations and/or city liens on the rental dwelling.
(I) Transferability. Any rental dwelling permit issued hereunder is nontransferable. A new permit application shall be required for each change of ownership of any rental dwelling.
(J) Inspection guidelines. A Code Enforcement Officer shall be required to inspect all rental dwellings for which permits are required under one of the following reasons:
(1) Anytime there is a tenant change an inspection will be completed. This will be initiated by the owner calling the office of Code Enforcement and scheduling an inspection. City utility services will not be placed in the occupants name until an inspection is completed.
(2) During the application period if the unit has not been inspected in the last 12 months an inspection would be required. This would require occupant notice and consent to inspection if the unit is occupied. In the case consent is not obtained then the unit inspection would be delayed until such time as it becomes unoccupied.
(3) Anytime to determine whether the rental dwelling complies with all provisions of the applicable city property maintenance, and/or city ordinances.
(4) To identify rental dwellings that is unlicensed or unregistered.
(5) Any time a complaint is filed regarding violation of the building or property maintenance code.
(K) Determination of noncompliance/notice.
(1) If a Code Enforcement Officer determines that any rental dwelling fails to meet the permit standards and conditions set forth herein, he/she shall hand deliver a notice to the owner or the owner's agent. The Officer will issue a notice of violation and follow the rules set forth in §§ 2-116 through 2-130.
(2) Whenever a notice of violation is issued hereunder, the Code Enforcement Officer shall also cause a notice to the tenants to be prominently posted on the rental dwelling. The notice shall indicate that a notice has been issued against the owner because the rental dwelling has been found to be in violation of the property maintenance code or any other applicable code and that the tenants may be required to vacate the building.
(L) Condemned buildings. When any rental dwelling is condemned as hazardous or unfit for human habitation due to defects in its structure or its electrical, plumbing, or mechanical systems, or is boarded, requiring a code compliance inspection prior to re-occupancy, the rental dwelling permit issued therefore shall be suspended by the Code Enforcement Officer effective the date of condemnation. Any appeal thereof shall be taken to the Code Enforcement and Nuisance Board within seven days. The rental dwelling shall thereafter only be eligible to hold a rental dwelling permit upon issuance of a certificate of occupancy.
(M) Vacation of affected rental dwelling. When any rental dwelling permit has been denied, revoked or suspended, has failed to be initially applied for or renewed, or when the license holder has failed to obtain a current rental dwelling permit upon proper application, the Code Enforcement Officer shall order the rental dwelling vacated, giving the tenants thereof a reasonable time to arrange for new housing, not to exceed 60 days. No rental dwelling unit shall be rented again until the unit is properly permitted.
(N) Suspension/revocation. If the Office of Code Enforcement determines or has probable cause to believe that any rental dwelling fails to comply with any of the licensing standards and conditions or any other provision set forth herein, the officer will either issue a notice of violation or a civil citation as prescribed in §§ 2-116 through 2-130. If persistent violation, disregard for compliance notices or citations exist then the Code Enforcement Officer shall request to the Code and Nuisance Board that revocation or suspension of a rental dwelling permit be issued.
(O) Reinstatement fee. A fee of $500 must accompany any application for reinstatement of any rental dwelling permit revoked or suspended. The reinstatement fee shall be addition to any fines as a result of non-compliance to this code or any other codes. Such fee however shall not apply to rental dwellings condemned because of destruction by an act of God or casualty for which the licensee is not responsible.
(P) Appeals Board. The Code Enforcement and Nuisance Board shall be designated as the Appeals Board authorized to conduct hearings on appeals concerning notice of violations or citations in reference to anything herein. The Code Enforcement and Nuisance Board shall act and treat this as any other code violation and make a final ruling as such.
(Q) Conduct on permitted premises.
(1) It shall be the responsibility of the owner or their agent to prevent the use of or condition upon the permitted premises for any purpose contrary to any statue or ordinance and to undertake corrective measures or appropriate action following any use or conduct by the owner, tenants and/or guests upon the licensed premises which has been determined to be in violation thereof.
(2) The owner shall have 30 days from the notice of such determination to take corrective measures or appropriate action to remedy the said use or conduct on the permitted premises so as to prevent further use or conduct from occurring thereon or to evict the offending tenant, if necessary. Notification by regular first class mailing of such determination to the licensee shall act as prima facie proof that the licensee has been placed on notice of the same.
(3) A determination that the use or conduct aforesaid on the permitted premises has occurred shall be made upon substantial evidence to support such a determination. It shall not be necessary that criminal charges be brought to support such a determination, nor shall the fact of dismissal or acquittal of any criminal charge operates as a bar to any adverse permit action which may be taken hereunder.
(4) Failure to comply shall be grounds for revocation of suspension of any rental dwelling permit issued hereunder.
(R) Remedies not exclusive. The remedies provided herein are not to be deemed exclusive. They shall be in addition to and do not supersede or preempt other remedies such as condemnation, written violation orders and warnings, and/or criminal charges for violation of substantive provision of any city or state codes relating to fire, zoning, life safety, property maintenance and/or buildings. Further, the remedies herein do not supersede or affect the legal rights and remedies provided under law to the tenants to any rental dwelling or unit therein.
(S) Promulgation of rules and regulations. The Code Enforcement Officer shall have authority to issue and promulgate such rules and regulations as he or she may consider necessary for the administration of this section, provided such rules and regulations are not inconsistent with the provisions hereof.
(T) Penalty.
(1) Any person who allows to be occupied, or lets to another, any rental dwelling or unit therein, without the required rental dwelling permit or after the rental dwelling permit has been revoked or suspended shall be guilty of a civil violation and receive a citation with a penalty of $250. In penalties would be appealable by the Code Enforcement and Nuisance Board as described in §§ 2-116 through 2-130.
(2) Any person who removes, defaces, tampers or in any way interferes with any notice posted pursuant to the provisions hereof, shall, upon conviction, be guilty of a Class B misdemeanor, in accordance with the Kentucky Revised Statutes with a fine of $250.
(U) Annual review and report. The Office of Code Enforcement shall conduct an annual review of the program established by this section and shall submit an annual report in June to the Fulton City Commission.
(V) Immediate health and safety threats. Nothing in this section shall limit the city's ability to inspect rental units and issue citations for property-related conditions that may constitute an immediate health or safety threat.
(Ord. 2013-08, passed 5-28-2013)