(A) Purpose and scope. It is the purpose of the city’s residential rental properties section to assure that rental housing in the city is maintained in a good, safe, and sanitary condition, to ensure that all rental units meet all applicable building, fire, health, safety, and to provide an efficient system for compelling both absentee and local landlords to correct violations and maintain, in proper condition, rental property within the city within a timely manner reducing recidivism. This section applies to any residential rental unit located within the city. This section shall be construed liberally in order to achieve the purposes and intent enunciated herein. The provisions of this section 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. All city employees meeting the criteria set forth in § 154.004(A) and (B) shall have authority to enforce the provisions of this section and shall be referred to herein as Code Enforcement Officers.
(B) Exceptions. This section specifically excludes the following licensed facilities:
(1) Transient occupancy in a hotel, motel, inn, bed and breakfast, or other similar lodging facility;
(2) Group homes, community living arrangements or foster homes;
(3) Hospitals, nursing homes, congregate care facilities, assisted living facilities, extended medical care facilities or other similar facilities;
(4) Public housing, owned by a governmental agency, and any housing owned or controlled by the Charleston-Kanawha Housing Authority;
(5) On-campus residential facilities owned, operated or managed by an accredited college or university;
(6) Single-family dwellings that a family member of the owner occupies and no gross income or like value is earned by the owner; and
(7) Residential facilities owned, operated or managed by or for the benefit of a hospital, or by or for the benefit of any affiliate or supporting organization of a hospital, providing housing exclusively for students, trainees, interns or residents in medical, nursing, medical technologist or other allied health care fields.
(C) Residential rental license required. On July 1, 2020 and thereafter, it shall be unlawful for any owner to lease or rent, or hold out for rent or lease by advertisement or otherwise, a rental unit located within the city without possession of a valid residential rental license for that rental unit, authorized by the city and complying with all provisions of this section. The residential rental license requirement provided for in this section shall be in addition to any general business license required in this section.
(D) Additional application requirements for residential rental license. The residential rental license provided for in this section shall be in the form of a certificate issued by the City Recorder as provided in § 38.071 to any owner making proper application on forms to be prescribed and furnished by the City Recorder.
(E) Reason for denial of application.
(1) An application for a residential rental license may be denied if the owner has:
(a) Delinquent business and occupation taxes related to income derived by owner from rental units located within the city;
(b) Delinquent fees related to any rental units for which the owner is applying for a residential rental license; or
(c) Fines due and owing to the city arising from building, planning or zoning violations related to any rental unit for which the owner is applying for a license.
(2) An application for a residential rental license shall be denied if the city has reason to believe, following a reasonable and appropriate inquiry, that one or more of the rental units is unfit for human occupancy or is located in an unsafe structure, or three or greater violations have been given the previous calendar 12 months.
(F) Applications.
(1) Applications for a residential rental license shall be filed with the City Recorder’s office using the existing license forms, and shall include the following:
(a) The street address of the rental unit(s);
(b) The number and types of rental unit(s);
(c) The square footage of each rental unit;
(d) Name, residence address, telephone number, e-mail address (if applicable), mobile telephone number and facsimile number of all owners of the rental unit(s);
(e) Name, residence address, telephone number, e-mail address (if applicable), mobile telephone number, and facsimile number of the responsible local agent designated by the owner, for each rental unit;
(f) The maximum number of tenants permitted for each rental unit;
(g) The name, address, telephone number, e-mail address (if applicable), mobile telephone number and facsimile number of the person(s) authorized to collect rent from the tenants if other than owner or responsible local agent;
(h) The name, address, telephone number, e-mail address (if applicable), mobile telephone number and facsimile number of the person authorized to make or order repairs or services for the rental unit, if in violation of city or state codes, if the person is other than the owner or the responsible local agent;
(i) The name, address and telephone number of the bank or other financial institution, if any, who holds a lien on the rental unit(s) or the land on which the rental unit(s) is located; and
(j) The name, address and telephone number of the person designated to accept all legal notices or services of process with respect to the rental unit(s).
(2) The issuance of a residential rental license by the city for any rental unit shall not constitute a finding by the city that the rental unit is in compliance with any or all requirements imposed by city, state or federal law or regulation.
(G) Responsible local agent.
(1) Where the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization who is duly authorized to execute the application. Where more than one person has an ownership interest, the required information shall be provided for each such owner. The owner and/or designated responsible local agent shall be responsible for all of the following:
(a) Operating the licensed rental unit in compliance with all applicable city, county or state laws related to building, fire, health, safety or zoning;
(b) Providing access to the rental unit(s) for the purpose of permitting any and all city inspections necessary to ensure compliance with applicable city ordinances related to building, fire, health and safety, including using all reasonable efforts to obtain permission from tenants for access; and
(c) Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible.
(2) Owners shall notify the City Recorder of any change in the designation of the responsible local agent, including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated responsible local agent within five business days of the change. Within 30 days of any change of ownership of a rental unit, the new owner shall apply for a residential rental license for that rental unit.
(H) Revocation of residential rental license. After adequate inquiry and verification of the reasons therefore, the City Recorder, upon reasonable written notice to the licensee, may revoke any residential rental license issued by him or her pursuant to the provisions of this code for any reason which would have been grounds for denial of such license when first issued, for violation of any term or condition of such license, or for violation of any applicable provision of state law, this code or other city ordinance related to building, fire, health, safety or zoning. Any person having an interest in any residential rental license so revoked and who disputes such revocation may request that the City Recorder further investigate the grounds for revocation and reconsider his or her action. If the City Recorder accedes to such request, he or she may temporarily suspend or reinstate the residential rental license pending his or her final decision. If the City Recorder refuses to accede to such request or if, upon reconsideration, he or she affirms his or her revocation of the residential rental license, his or her decision shall be final, subject to such judicial review as may be provided by law.
(I) Periodic inspections. In addition to all other inspections permitted herein or otherwise permitted by law, each rental unit shall be subject to periodic internal and external inspection to determine compliance with the provisions of this section and all other applicable city, county or state laws related to building, fire, health, or safety; provided, that said periodic inspections shall be conducted no more than once in any 12-month period for each rental unit and within the following guidelines.
(1) No fee shall be charged for an inspection. Re-inspection fees shall comply with division (K) below.
(2) Though not limiting after discovery of a violation, all residential rental inspections shall emphasize life safety of occupants, with a standard checklist adopted below.
(3) One passed inspection shall be conducted prior to new license issuance.
(4) One passed inspection may be conducted prior to reissuance of license, subject to discretion of the Code Enforcement Officer.
(5) One passed inspection shall be required as a result of the following credible events:
(a) Violation issued by the city related to life safety;
(b) Complaint;
(c) Observation by an authorized official;
(d) Request by tenant or owner; or
(e) When the Fire Chief, Building Official, or their respective designees have a reasonable belief that a condition exists related to the rental unit which poses imminent danger to the tenant or the public.
(6) Adopted standard checklist for residential rental periodic inspections:
(a) Address numbers are plainly legible and visible from the street or road fronting the property;
(b) Roof must be maintained in a safe and sound condition and in good repair based on visual inspection;
(c) Foundation is weather-proof, maintained and structurally sound;
(d) Exterior yard, stairs and decks are safe, structurally sound and maintained;
(e) Exterior doors must have deadbolts and doors must operate properly and be unobstructed;
(f) Exterior walls are reasonably weather-tight and water-tight, structurally sound, rodent proof, and kept in a safe and sound condition;
(g) Structural components such as walls and floors are maintained in a safe and sound condition and in good repair. Wall, floor and ceiling coverings must be dry and free of moisture. Floor coverings are exposing framing members or sheathing and will deteriorate structure if left unattended. Dirt floors may not be present in any room used as a living space;
(h) There must be two reasonable ways out of each bedroom. One door and one escapable window are sufficient. Must meet minimum size of seven feet of any room dimension and 70 square feet in size;
(i) Heat source in the unit is permanent, working and able to maintain a temperature of 68°F in every habitable space in the dwelling;
(j) Smoke and CO alarm requirements include: smoke alarms must be present in all lawful spaces and CPs must be present when there is an attached garage or a fuel fired appliance;
(k) Electrical must not have exposed wiring. A habitable room must have an operable and permanently installed light fixture and an outlet. GFCIs must be installed in all wet and damp locations and within six feet of a water source;
(l) Electrical wiring must be permanent with no power strips or extension cords needed for powering of basic equipment;
(m) Counters, cabinets, sinks and toilets must be tight fitting, not made of porous material, and not pulling away from the framing member;
(n) Cooking appliances must be operational and 75% of appliance still functioning;
(o) Refrigerator must operate as intended by the manufacturer;
(p) Hot water must reach at least 110°F after two minutes of running water;
(q) Plumbing must be properly installed, sanitary and maintained in good condition;
(r) Sewer must be connected to approved sewer, evidence of smells, clogged or slow drains, leaking pipes and the like;
(s) Every unit has at least one directly accessible bathroom (primary bathroom) that includes an operable toilet, sink and tub or shower, all in safe and sound condition and sanitary working order;
(t) Visible evidence of rodents or insects such as bedbugs, ants, cockroaches and the like. Must show evidence of sufficient treatment; and
(u) Garbage/rubbish not in a leak-proof container with a tight-fitting lid, maintained behind the rear of the structure. No materials, machinery or inoperable vehicle.
(J) Inspection procedures.
(1) Code Enforcement Officers shall be authorized to enter into a rental unit at reasonable times to inspect the same, provided that permission to enter the rental unit is obtained from the owner or responsible local agent, or the tenant. If the rental unit is rented during the time of inspection, Code Enforcement Officers shall obtain tenant’s consent for the inspection. The owner(s) or their responsible local agent shall make commercially reasonable efforts to notify tenants of planned inspections of their rental units to secure the tenant’s consent. Owner shall also be solely responsible for complying with state law regarding entrance into leased property. If an owner, tenant or other person in charge of a rental unit refuses to permit unrestricted access and entry to the rental unit, or any part thereof, for an inspection authorized by this section, a Code Enforcement Officer may, upon a showing that probable cause of refusal of a lawful entry to a rental unit, (per Camara v. Municipal Court, 387 U.S. 523 (1967)), petition and obtain an order to inspect and/or a search warrant from a court of competent jurisdiction.
(2) No warranty is provided by the city for any failure of the landlord to provide minimum living conditions or for the safety of the tenants.
(K) Notice of violation; corrective action; re-inspection.
(1) Whenever a Code Enforcement Officer determines that any rental unit is in violation of applicable city or state laws related to building, fire, health, safety or zoning, the Code Enforcement Officer shall provide written notice of the violation to the owner or responsible local agent and shall specify a reasonable time period in which the violation must be corrected. Failure to correct violations within the time period specified by the Code Enforcement Officer may result in an immediate revocation of the residential rental license for that rental unit and may further subject the owner to the penalties set forth in § 38.999, and any other penalties permitted under this code. No residential rental license shall be revoked for failure to remedy a condition, so long as the owner or responsible local agent is, in the discretion of the Code Enforcement Officer, acting with due diligence and taking bona fide steps to correct the violation, including, but not limited to, pursuing remedies under a lease agreement with a tenant, but not greater than 30 days. These bona fide steps may include submittal of plans, approved building permits, purchased materials and/or contractor licenses obtained in anticipation of work to be completed.
(2) Code Enforcement Officers may, in their discretion, perform one or more re- inspections of a rental unit in which violations have occurred for the purpose of verifying corrective action. If, in the discretion of the Code Enforcement Officer, required repairs can reasonably be made at the time of inspection, no re-inspection will be required and no re-inspection fee will be charged.
(3) The fee for the first re-inspection shall be $50 per rental unit inspected. The fee for the second and all subsequent re-inspections shall be $100 per rental unit inspected. All fees shall be paid to the City Treasurer’s office. If, in the discretion of the Code Enforcement Officer, the need for re-inspection has been a result of intentional damage by the tenant, the Code Enforcement Officer may waive any re-inspection fee.
(Ord. passed 12-17-2019) Penalty, see § 38.999