5-10-1: DEFINITIONS: The following terms shall have the designated meanings for purposes of this chapter:

DWELLING UNIT: As such term is defined in the city's zoning ordinances.

MULTIPLE-FAMILY RENTAL DWELLING: A rental dwelling containing three (3) or more dwelling units within one building and where all such dwelling units are held in single ownership.

RENTAL DWELLING: A building or portion of a building that is used or designated for use as a residence by one or more persons and is either:

   A.   Available to be rented, loaned, leased, or hired out for a period of one month or longer; or

   B.   Arranged, designed, or built to be rented, loaned, leased, or hired out for a period of one month or longer.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004)

5-10-2: LICENSE REQUIRED:

It is unlawful for any person, as owner, lessee or agent thereof, to keep, conduct, operate or maintain any rental dwelling within the city without first obtaining a valid business license as provided under this chapter. A regulatory business license shall be required for a multiple-family rental dwelling. Only a nonregulatory business license shall be required for a rental dwelling containing two (2) or fewer dwelling units within one building, which license requirement is imposed for revenue purposes only. Only one regulatory license shall be required for any person or entity owning or operating multiple-family rental dwellings subject to licensing and regulation. Only one nonregulatory business license shall be required for any person or entity owning or operating rental dwellings containing two (2) or fewer dwelling units within one building.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004)

5-10-3: APPLICATION FOR LICENSE:

   A.   Information Required: Application for license shall be made on forms provided by the city, which shall contain, at a minimum, the following information:

      1.   The location and address of all buildings containing rental dwellings, which are owned, operated or maintained by the applicant;

      2.   The number of rental dwelling units in each building;

      3.   The name, address and telephone number of each of the following: the applicant, the owner, the local operating agent, the resident manager, and the designation of a legal representative and agent for service of each corporate owner, who must reside in the state.

Separate forms shall be provided for the regulatory business license required for multiple-family dwellings and the nonregulatory business license required for a rental dwelling containing two (2) or fewer rental dwellings per building.

   B.   Affidavit Of Compliance: The applicant for a regulatory business license for a multiple-family rental dwelling may provide, as part of the application, a written affidavit, signed by the applicant, verifying compliance with applicable codes and ordinances and that the premises are reasonably safe for occupancy as residential dwellings, which affidavit shall be made on a form approved by the business license coordinator. Such self-verification of compliance may be accepted by the business license coordinator as meeting the investigation and inspection requirements of section 5-10-5 of this chapter; provided, that self-verification shall not be sufficient if the premises have been found in violation of such applicable codes and ordinances within the preceding twelve (12) month period.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004)

5-10-4: FEE; EXPIRATION; PENALTIES FOR LATE PAYMENT:

   A.   License Fee: The license fee for rental dwellings shall be as set forth in section 5-1B-2 of this title.

   B.   Expiration: All licenses for rental dwellings shall expire at the end of the licensing term, and thereafter renewed, as provided in section 5-1A-13 of this title.

   C.   Penalties: Penalties for late payment shall be assessed in accordance with the provisions of section 5-1A-14 of this title.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004; amd. Ord. 2006-42, 7-11-2006)

5-10-5: APPROVAL OF REGULATORY LICENSE FOR MULTIPLE-FAMILY RENTAL DWELLINGS:

   A.   Referral; Investigation: The original application for a multiple-family rental dwelling shall be referred to the building official and fire marshal and to the Weber-Morgan health department. Each of which shall, within ten (10) days after receiving such application, make an investigation and inspection of the proposed licensed premises and shall report in writing to the business license coordinator whether the premises to be licensed meet applicable codes and ordinances and the same are reasonably safe for occupancy as residential dwellings.

   B.   Subsequent Inspections: If the city performs an inspection of a multiple-family rental dwelling under the provisions of this section and approves it for licensing, the city shall not inspect that multiple-family rental dwelling during the next thirty six (36) months, under authority of the provisions of this chapter, unless the city has reasonable cause to believe that a condition in the multiple-family rental dwelling is in violation of an applicable law or ordinance. The above restriction shall not apply to self-verifications of compliance as permitted under section 5-10-3 of this chapter.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004)

5-10-6: SUSPENSION, REVOCATION OR DENIAL:

A license under this chapter may be denied, suspended or revoked under the provisions of chapter 1, article C of this title, as such provisions may be applicable.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004)

5-10-7: RESERVED:

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004; amd. Ord. 2005-29, 5-24-2005)

5-10-8: CODE VIOLATIONS RESPECTING TWO OR FEWER RENTAL DWELLINGS:

If a code violation is determined to exist in a building licensed for two (2) or fewer rental dwelling units, the violation shall not be cause for denial, suspension or revocation of the business license required herein. Enforcement actions respecting such violations shall be taken independently of any licensing action. Issuance of a license shall not indicate compliance with other city ordinances.

(Ord. 2004-71, 10-12-2004, eff. 12-31-2004)