156.01 Purpose | 156.09 Right of Entry |
156.02 Definitions | 156.10 Violations |
156.03 Enforcement | 156.11 Additional Housing Inspection Fees |
156.04 Permit Required | 156.12 Method of Service |
156.05 Permit Application Process and Fees | 156.13 Appeals |
156.06 Expiration of Permit | 156.14 Suspension or Revocation |
156.07 Transfer of Ownership | 156.15 Removal of Tenants |
156.08 Rental Inspection | 156.16 No Warranty By City |
It is the purpose of this chapter to detail the requirements of a rental housing inspection program, in order to:
1. Protect, preserve, and promote the physical health and social wellbeing of the people;
2. Prevent and control the incidence of communicable diseases;
3. Reduce environmental hazards to health;
4. Regulate rental dwellings for the purpose of maintaining adequate sanitation; and
5. Protect the life, safety, and possessions of the people.
For the purpose of this chapter, certain terms and words are hereby defined:
1. “Exempt rentals” means rental units that are inspected by a certified third-party inspection organization. Such rentals will not require an inspection from the City. The Code Enforcement Department of the City will maintain a list of all rental units that are exempt from the inspection requirements of this chapter.
2. “Newly-constructed units” means any unit that has been newly-constructed within the last year.
3. “Owner” or “landlord” means the persons who are responsible for the renting or leasing of rental units, which shall include the owners of such property or their designated representative.
4. “Owner’s representative” means a person who is appointed by a rental property owner to act as the property manager. The owner’s representative should be able to provide a City inspector access to the entire property for inspections and be at least 18 years old.
5. “Rental unit” means any building or portion thereof which is allowed to be occupied by one or more persons as a dwelling space which includes one or more of the following activities: sleeping, eating, or general habitation. As a condition of occupying the space, the renter or renters exchange cash or other valuable considerations for the right to occupy the space.
6. “Tenant” or “renter” means a person or group occupying a rental unit.
7. “Vacation house” or “guest house” means a furnished apartment, house, dwelling unit, or professionally managed condominium complex rented out on a temporary basis to guest or guests.
8. “Violation” means a violation of all applicable building codes that, if allowed to remain as found, would constitute an immediate threat to the safety of those living in the rental unit. (Examples of major violations could include, but are not limited to, improper venting of combustion air, missing or inoperable smoke detectors, improper electrical wiring or equipment, lack of or damaged water heater, or lack of required egress.)
Any person or entity wishing to engage in the renting of dwelling units within the City limits shall first obtain a rental permit from the City. This permit shall be deemed to be a public record and shall be made available to the public upon request.
1. No owner or landlord shall rent or lease any rental unit or any portion of a rental unit to a tenant or renter until a valid rental permit has been issued by the City for the rental unit being rented.
2. It is the responsibility of the owner or landlord to ensure that the rental unit has been inspected and granted a rental permit. Failure to obtain a rental permit or renew a rental permit after a prior rental permit has expired will result in a notice being sent to the property owner that the rental unit is not in compliance and can no longer be rented to a tenant or renter until a new permit is issued.
3. Rental units that are found to be exempt rentals are required to be registered as exempt rentals with the City.
4. Rental units that are found to be newly-constructed units
must be registered before they are occupied. The final inspection of the building permit process will serve as the first inspection of the rental inspection program.
5. Failure by an owner or landlord to obtain a rental permit for any rental units within 90 days of adoption of this policy will result in the rental unit being in violation of this chapter and the rental unit can no longer be rented to a tenant or renter until a rental permit is obtained for said rental unit. The owner or landlord may also be assessed fines or municipal ordinance infraction penalties due to the failure to obtain a rental permit on a timely basis.
6. Rental permits will be valid for only one building. For properties that have multiple buildings on site, a permit will be required for each building on the property.
7. A rental permit or the renewal of a rental permit may be denied or revoked if the property owner has one or more rental units in which the property has been cited for violations of this chapter or any other provisions of this Code of Ordinances. Prior violations that have been corrected shall not be counted as a prior violation for purposes of this section. If the rental property has three or more violations within a 12-month period, the City shall, in its sole and absolute discretion, deny or revoke the rental permit.
8. An owner or landlord may appeal the denial or revocation of a rental permit per the procedure set out in Section 156.13 below.
The owner or landlord of each rental unit shall register that rental unit with the City by filling out an application for a rental permit approved by the Code Enforcement Department. A rental permit shall be renewed every five years. Owners shall pay a permit or permit renewal fee of $100.00 per unit plus an additional $15.00 for each rental unit in excess of one per building, subject to the following:
1. On the date of adoption of the ordinance codified in this chapter, the following discounts from the above fees will be applicable:
A. If the owner or landlord registers a rental unit within 60 days of adoption of the ordinance codified in this chapter, the permit fee will be discounted by 50 percent.
B. If the owner or landlord registers a rental unit within 90 days of adoption of the ordinance codified in this chapter, the permit fee will be discounted by 25 percent.
2. The owner or landlord shall pay an additional $50.00 late permit fee for any rental unit which is not registered within the time frame set forth above.
Every rental permit issued by the Code Enforcement Department under the provisions of this policy shall be valid for five years. Permits that are revoked as herein provided shall be null and void at time of revocation. Owners or landlords shall have 30 days from the date of expiration of the rental permit term to renew the rental permit. If at the end of the 30-day renewal period the permit has not been renewed, the rental dwelling is then no longer considered an eligible rental. The owner or landlord can no longer rent said rental to a tenant, and the owner or landlord must reapply for a rental permit for said rental unit.
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