A. In conjunction with the landlord training program, the city shall establish a good landlord incentive program that provides discounts toward the payment of certain business licensing fees to landlords who actively implement those aspects of the landlord training program determined by the mayor to be related to the control and prevention of illegal activity on rental properties, and who keep their properties free of code violations that affect the quality of life within our neighborhoods. All applicants for business licenses for rental dwelling units shall be informed of the availability of the program.
B. No discount shall be provided to any landlord unless and until the city certifies that the requirements of this section and all other requirements of the good landlord incentive program have been met.
C. Except as otherwise allowed in subsection F of this section for the first year of the program, no landlord shall qualify for discounts under the good landlord incentive program unless all of the following minimum requirements are met:
1. The landlord, or the landlord's bona fide agent for all aspects of property management, and all managers of the landlord responsible for the day to day management of the properties, must attend and complete once every two (2) years either the landlord training program offered by the Ogden police department or a comparable landlord training program approved by the Ogden police department; provided that the mayor may require that each landlord, agent or manager must complete the program offered directly by the Ogden police department at least once every four (4) years.
2. The landlord must implement and maintain those aspects of property management determined by the mayor to be related to the control and prevention of illegal activity on rental property.
a. If a discount was granted for the licensing term of January 2, 2006 to January 31, 2007, the requirements of the program must be met during the twelve (12) month period immediately preceding certification in order to qualify for the discount for the licensing term of February 1, 2007 to January 30, 2008.
b. For a rental dwelling license issued for a licensing term commencing on or after February 1, 2007, the requirements of the program must be met during the term of the license.
3. The rental dwellings and the surrounding premises must be owned and maintained in compliance with city ordinances affecting the use, care or maintenance of real property (zoning ordinances, property maintenance regulations, fit premises regulations, property maintenance code, housing codes, health codes, etc.), and the premises kept free of any public nuisance as defined by city ordinance or state law; provided, however, that a landlord will be considered to be in compliance with this requirement if violations are corrected in the time frame required under any notice of violation.
a. If a discount was granted for the licensing term of January 2, 2006 to January 31, 2007, the above requirement must be met during the twelve (12) month period immediately preceding certification in order to qualify for the discount for the licensing term of February 1, 2007 to January 30, 2008.
b. For a rental dwelling license issued for a licensing term commencing on or after February 1, 2007, the above requirement must be met during the term of the license.
c. Notwithstanding the above requirement, the mayor may establish guidelines whereby the discount may be extended to an otherwise qualifying landlord who has subsequently brought the rental dwelling into compliance with such codes, and either:
(1) Good cause existed for the failure to correct such violations in a timely manner; or
(2) It has been determined that the current landlord could not reasonably be held responsible for the failure to correct.
4. The landlord must have obtained all business licenses and paid all licensing fees applicable to the landlord's rental dwellings for the prior year.
5. The landlord must have paid any outstanding civil penalty assessed against the landlord for failing to correct a notice of violation applicable to the landlord's rental dwelling.
D. The annual discount allowed under the program against the payment of business licensing fees attributable to disproportionate costs for rental dwellings due under subsection 5-1B-2C of this code shall be:
Number Of Rental Dwelling Units Per Building
| Annual Discount | Prorated Per Unit Discount For New Businesses1 | ||
3 Quarters
|
2 Quarters
|
1 Quarter
| ||
1 | $143.00 per unit | $107.25 | $71.50 | $35.75 |
2 | 64.00 per unit | 48.00 | 32.00 | 16.00 |
2 owner occupied2 | 32.00 per unit | 24.00 | 16.00 | 8.00 |
3 and above | 75.00 per unit | 56.25 | 37.50 | 18.75 |
Mobile home park | 52.00 per unit | 39.00 | 26.00 | 13.00 |
Notes:
1. Pursuant to section 5-1A-13 of this code, disproportionate fees may be prorated quarterly. If applicable, the discount will also be prorated as shown above.
2. Applicable to duplexes already accorded the 50 percent discount for owner occupied.
E. Effective for business licenses due on or after January 2, 2006, the annual discount allowed under the program against the payment of business licensing fees attributable to regulatory costs for rental dwellings due under subsection 5-1B-2B3 of this code shall be seventy three dollars ($73.00) per qualifying building, provided that the full regulatory fee shall be paid for at least one of the licensed buildings.
F. Effective February 1, 2007, the discount provided herein is granted conditioned upon the landlord's compliance with the requirements of the program during the term of the licensing year for which the discount is granted. If it is determined that a landlord, or a landlord's rental dwelling, is not in compliance with the requirements of the landlord incentive program during any portion of the licensing period for which a discount was provided, the discount shall be disallowed in accordance with the provisions of subsection 5-1A-13C of this code for the entirety of the term of such license and the landlord required to pay the full disproportionate impact fee for that year. After disqualification, the landlord or rental dwelling may qualify for the program in the next licensing year only if the landlord has corrected the problems leading to the disqualification and paid all amount disallowed in the prior year.
G. Any person denied admission to or disqualified under the program may appear before a hearing officer by filing a written application in the office of the city recorder for a hearing and present and contest such denial or disqualification before a hearing officer. Such application shall be filed within thirty (30) days of the denial or disqualification and shall be accompanied by a twenty five dollar ($25.00) filing fee. The hearing shall be conducted as provided in title 4, chapter 4, article A, "Administrative Hearings", of this code. The burden of proving qualifications or compliance shall be on the appellant.
H. The discount provided under the landlord incentive program may be applied retroactively under the following conditions:
1. The landlord obtained a rental dwelling license immediately after acquiring a new rental property and was not an owner of another rental dwelling during the same or immediately preceding licensing year;
2. The landlord qualifies for the landlord incentive program either within six (6) months of obtaining such license or before the end of the licensing year, whichever occurs first; and
3. The landlord applies for the retroactive application of the discount and a refund of the excess payments within six (6) months of obtaining the license or before the end of the licensing year, whichever occurs first.
(Ord. 2007-5, 1-16-2007)