A. Program Participation: The owner, or an authorized designee for and in behalf of an owner, of four (4) or more rental dwelling units, may apply for admission into the good landlord program.
B. Program Admission Requirements:
1. Completion and approval of the good landlord program application.
2. Completion of at least eight (8) hours of property management education that is:
a. Sponsored by the city or its designated provider; or
b. Sponsored by another jurisdiction with curriculum and a program similar to the program set forth in this chapter; or
c. Another third party provided curriculum or program, including evidence of compliance with another Utah municipality's good landlord program and that is preapproved by the city before making application.
3. The program participant is current as to any and all fees, fines or penalties theretofore assessed by or due to the city.
4. Execution of a written, binding agreement with the city regarding program participant's obligations as set forth in this chapter.
C. Program Participant's Obligations: Program participants shall perform the following:
1. Tenant Screening: Program participants shall perform all of the following screening requirements for all tenants prior to move in:
a. Application: Program participants shall require each prospective tenant to complete a rental application which shall include the tenant's personal and pertinent financial information. Program participants shall keep the application on file for the full term of the lease.
b. Criminal Background Check: Program participants shall obtain a criminal history for each tenant as well as each occupant of the premises who is eighteen (18) years or older. Program participants shall keep all criminal histories on file for the full term of the lease.
c. Driver's License Or State Identification: Program participants shall require every prospective tenant, as well as each occupant of the premises who is eighteen (18) years or older, to provide a driver's license or state identification card, which program participants shall copy and keep on file for the full term of the lease.
d. Credit Check: Program participants shall obtain a credit history from every prospective contract signing tenant over the age of eighteen (18). Program participants shall keep the credit application on file for the full term of the lease, including renewal periods.
e. Income/Employment Verification: Program participants shall obtain income/employment verification from every prospective contract signing tenant.
f. Rental References: Program participants shall obtain contact information for all of a prospective tenant's previous landlords within the last three (3) years, and the program participants shall contact these previous landlords to determine the credit and tenant history of each prospective tenant.
2. Tenant Selection: Program participants shall consider the following criteria, at a minimum, for tenant selection and unless otherwise required by federal statutes, such as the fair housing act or the Americans with disabilities act, etc., will refuse to rent to any prospective tenant or other proposed occupant who:
a. Provided false information to the program participant on the application or otherwise;
b. Within the past three (3) years has been convicted of: 1) any felony; or 2) any drug or alcohol related crime, sex crime, violence of any kind, assault, or crimes that involve weaponry of any kind; or 3) is currently on probation or parole.
3. Eviction: Program participants will promptly evict tenants that do not meet the requirements of this chapter or are or become involved in illegal activities.
4. Executed Lease: Program participants shall execute a valid, written lease agreement or rental agreement with each tenant, which shall include the provisions listed in any program participant's training packet provided by the city and those set forth in this chapter.
5. Program Participant Training: As part of the continuing education requirement in subsection B2 of this section, program participants agree to attend and complete a city approved four (4) hour program participants training program every two (2) years.
6. Compliance With City Ordinances: Program participants shall comply with the property maintenance provisions of this chapter together with all other ordinances of the city related to nuisances, property maintenance, signage, business licensing, utility billing and any other applicable city codes.
D. City's Obligations: The city shall perform the following for each program participant in the good landlord program:
1. If admitted into the program, the program participant shall receive the discounted per rental unit fees for members of the program as set forth in the fee schedule.
2. The city reserves the right to waive, amend or otherwise forgive a program participant's violation of their agreement, if, at the city's sole discretion, grounds exist for such a determination.
3. The city will promptly notify the program participant concerning any criminal activity or city code violations by a tenant.
E. Program Eligibility: An owner, or authorized designee, is eligible to seek admission into the good landlord program at any time. An owner, or authorized designee, who is admitted into the program at any time other than at the beginning of a calendar year when business licenses are renewed, may pay a prorated per rental unit fee from the date of full compliance with the good landlord program or the issuance of a business license, or an amended business license, whichever is later.
F. Removal From Good Landlord Program:
1. Conditions: Any program participant may be removed from the good landlord program if:
a. Program participant fails to fulfill its obligations under the written, binding agreement with the city;
b. Program participant has more than two (2) unresolved violations of this chapter, other provisions of city codes related to property maintenance, and/or any other law of a governing authority, in any calendar year.
2. Investigation: The city may, on its own initiative or in response to complaints from the general public, investigate and gather evidence of violations of this chapter or other circumstances which may give rise to adverse action by the city, up to and including involuntary removal from the good landlord program.
3. Fees Due: Program participants who have been involuntarily removed from the good landlord program shall immediately pay the city its accrued annual per rental unit business license fee, less the discount already paid, plus any other penalties provided by this chapter for breach or violation.
4. Loss Of Business License: Program participants who have been involuntarily removed from the good landlord program shall not automatically lose their business license. Prior to the revocation of any business license for owners of rental dwelling units, the city's actions shall be subject to the provisions of section 3-1-12 of this title governing the revocation or denial of business licenses.
G. Appeal: A program participant may appeal any decision administering the good landlord program, including involuntary removal, by filing a written notice of appeal with the city recorder. Within thirty (30) days of the receipt of such an appeal, the city manager or his designee will review the appeal and shall uphold, reverse or change the decision and state the reasons therefor in writing. The decision of the city manager or his designee shall be final. (Ord. 2011-09, 7-19-2011)