A residential rental unit can obtain a rental license by completing one of following processes: [1] self-inspection, [2] City inspection or through [3] exempt status. At the time the next inspection cycle is due, the owner may elect to use a different process to continue meeting the requirements of this chapter.
(A) Utilities. Utilities services (gas, water, electricity, and the like) must be connected and “on” at the time of the inspection.
(B) Self-inspection.
(1) On forms provided by the City, the owner and tenant shall each separately perform an inspection of the unit and shall each complete and submit to the City those inspection forms within 30 days after initial registration of the unit.
(2) Conditions causing discrepancies between the completed owner’s and tenant’s self-inspection forms shall be treated as deficiencies and must be corrected as described in § 97.11(F) before a license is granted.
(C) City inspection.
(1) In lieu of self-inspection the owner may elect to have the unit inspected by the City’s inspector, for a fee.
(2) On the inspection form, the inspector will verify that the tenant information packet was handed out.
(3) Any deficiencies found shall be corrected as described in § 97.11(F) before a license is granted.
(D) Frequency of inspections.
(1) Inspections shall be completed:
(a) Within 30 days after initial registration, if by self-inspection;
(b) As soon as is possible, if by the City Inspector;
(c) Within 30 days after the filing of a complaint; and
(d) Within 30 days of expiration of the license.
(2) Failure to comply could result in a suspension of the license.
(E) Exemption from inspection. A rental license shall be issued for each rental unit determined by the City to be exempt.
(1) The exemption and the date that the exemption expires shall be noted on the license.
(2) The City may declare as exempt from inspection:
(a) Any unit that is inspected by another qualified third-party inspector at least biennially on equal or greater standards than this ordinance, upon filing of proof of such inspections and a copy of the inspection standards used; provided, that any exempt unit with founded complaints shall lose its exempt status for the next inspection cycle and shall be subject to another inspection process.
(b) Any unit that passed the immediately preceding biennial inspection and against which no substantiated complaints have been registered during the two-year term of the rental license; provided, [1] that any exempt unit with founded complaints shall lose its exempt status for the next inspection cycle, shall be subject to an inspection process, and [2] that exemption from inspection pursuant to this subsection will be for a term no greater than four years, after which time the unit will be subject to an inspection process.
(c) Any unit occupied by a qualifying relative of the owner.
(3) The City shall contact the owner or managing agent of each exempt unit biennially to confirm continuing exempt status. If appropriate evidence warranting exempt status is not filed with the City within 30 days, the unit shall lose its exempt status for the next inspection cycle and shall be subject to another inspection process.
(4) For purposes of this section, the City, in its sole discretion, shall determine whether:
(a) A person is a qualified third-party inspector; and
(b) An inspection is a qualified inspection.
(F) Deficiencies. Depending on the nature of the alleged deficiency, the City may intervene with a City inspection or may refer the matter to another authority (i.e. Fire Marshal, State Electrical Inspector, State Plumbing Inspector, Building Official, or Community Health Services) for further action.
(1) The City shall give written notice:
(a) Of each deficiency;
(b) Of what must be done to bring the unit into compliance;
(c) Of the alleged violator’s right to dispute the deficiencies;
(d) Of the violator’s right to provide proof that the deficiencies have been or are being corrected;
(e) Of the due date for a follow-up self-inspection, which should be not less than 30 days nor more than 45 days from the date of the notice;
(f) Of the violator’s right to request an extension; and
(g) Of an owner’s right to apply for a conditional license, as defined in § 97.11(H), to correct the deficiencies.
(2) After three failed inspections:
(a) The City may revoke the license;
(b) The unit shall not be re-registered for at least 90 days from the date of the last failed inspection; and
(c) The owner can again register the rental unit after said 90-day period and upon payment of all applicable fees and penalties.
(3) The City may charge re-inspection fees as fixed from time to time by resolution or ordinance.
(G) Extensions. The violator may request a postponement of an inspection if:
(1) The deficient condition is not adversely affecting the health, safety or general welfare of the occupant(s) of the unit or of any neighboring unit;
(2) The required remedial action cannot be completed until weather permits or will take longer then 30 days to complete; and
(3) The violator:
(a) Requests an extension in writing that recites the reasons for the request, the justifications for the extension, the anticipated completion date (not to exceed six months); and
(b) Submits proof that appropriate arrangements have been made for completion of the corrective action by the anticipated completion date.
(H) Conditional rental license. The owner of any rental unit in existence on the effective date of this ordinance that is inspected, is determined to be sub-standard, and is found to require substantial upgrades may submit a one-, two- or three-year corrective plan to include a detailed schedule of when deficiencies will be corrected (“plan”). The plan must be submitted to the City for approval within 30 days of the failed inspection; and the City, in its sole discretion, shall determine if the plan is acceptable. Deficiencies that can be corrected immediately are not includable in the plan.
(1) A conditional rental license may be issued to the owner when the plan is approved and shall be posted in the same location as the standard license.
(2) The unit shall be re-inspected on an annual basis by the City to confirm adherence to the plan. Any deficiencies found during the re-inspection and not covered by the plan may not be added to the plan but must be corrected in accordance with this chapter.
(3) After the completion of all work items in the plan, the unit shall be re-inspected biennially.
(4) Conditional rental license’s will not be extended and are only eligible to existing rental units that are registered in accordance with this chapter. All conditional rental licenses shall expire on or before January 31,2010.
(Ord. 19, 6th Series, passed 4-3-2007; Am. Ord. 27, 6th Series, passed 2-19-2008)