(A) Any owner of real property in the city, which real property is used as rental housing, for all or part of any year, shall be required to register all such properties on an annual basis by April 15, of each year.
(B) The annual registration forms shall be available at the Inspections Department (and available on-line) and no registration or renewal will be accepted by that office without a showing of full liability, fire or other insurance equal to the value of the property insured, including the cost of demolition of the property. Personal information provided for this purpose will be kept confidential by the Department. Alternatively, a bond or letter of credit from a federally insured financial institution may be filed with the Inspections Department in an amount equal to the value of the property insured or $25,000, whichever is greater, which will be used to cover the cost of demolition should the property be damaged by fire, accident, natural disaster or lack of maintenance by the owner.
(C) There shall be an $80 annual fee assessed for each apartment, rental dwelling or rental unit, due with the registration form which must be completed each year. An owner occupied building, as demonstrated by a current and accurate homestead exemption, in that homeowner’s individual name and not in the name of a trust, limited liability company or corporation, which contains multiple rental units in addition to the owner’s primary full-time residence, shall pay $20 per unit, per year for those additional units. Additionally, a rental dwelling, rental unit or apartment, owned by a city homeowner, as demonstrated by a current and accurate homestead exemption, on that homeowner’s full time city permanent residence, in that homeowner’s individual name, shall pay $20 per year, per unit, with a limit of discounted 20 units, units over 20 shall be registered at the regular $80 rate. Falsification of this information invalidates the registration and it is the property owner’s duty to notify the city should this information change. Nothing in this section explicitly or by implication permits any landlord to rent an uninhabitable, unsafe or otherwise dangerous unit and no rental registration refund shall be made for such units.
(D) Failure to register any or all real property or unit as rental housing with the city shall constitute a violation of this subchapter and shall subject the owner to a fine up to $2,500 per unit, per day of violation, with second and subsequent violations punishable by up to $7,500 per unit, per day. A finding of violation by the court shall be punishable by no less than $300 for a first offense and $500 for every second and subsequent offense.
(E) Each day of the violation shall constitute a separate and actionable offense. Fraud in the application process or intentionally failing to provide correct information will invalidate the registration for that year, and the property owner will have the rental registration for that unit revoked. Initial registration is required within 30 days of the effective date of purchase or obtaining title to the real property which will be used as a rental. Any owner that removes the property from rental use, sells or otherwise transfers the property must contact the Inspections Department within 30 days of the transfer or will be found to be in violation of this section.
(F) There shall be a $500 per unit late fee assessed for each dwelling or rental unit/apartment not registered by April 15, of every year.
(G) No landlord or property owner shall allow, permit, aid, or consent to, ignore obvious, or assist in illegal activity or conduct occurring on his or her property in the city. The use of rental property in the city for illegal activity is grounds for revocation of the landlord license for that location. No landlord shall permit a nuisance to occur at the property once notified of said nuisance, and shall inform the tenant that he or she is responsible for following all city ordinance and state laws while residing at that location. A landlord, whose rental registration is up for revocation, may request a hearing before the Board of Public Works, should the city commence a revocation action and the decision of the Board of Works may be appealed to the Superior Court as provided by law.
(H) Landlords who rent to non-related students must obtain the proper variances from the Zoning Administrator, and may not rent to a single student with the understanding that the student will sublease to other students and become a defacto landlord under the ordinance.
(I) The city intends to create an enforceable ordinance which is compliant with all federal and local laws, in the event that this section, or any part of it, or any provision, discount, amendment or any classification contained herein, is found to be unconstitutional, the remaining portion will remain in effect and will be found to be valid, and a single uniform rental registration fee will be imposed for all rental units in the city, and the discount will not be permitted under this section.
(Prior Code, § 96.92) (Ord. 8327, passed 1-15-2001; Am. Ord. 8570, passed 5-24-2004; Am. Ord. 8603, passed 8-24-2004; Am. Ord. 8666, passed 4-11-2005; Am. Ord. 8700, passed 10-24-2005; Am. Ord. 9060, passed 4-26-2010; Am. Ord. 9100, passed 3-28-2011) Penalty, see § 10.99