Loading...
(A) Every person, individual, firm, owner, corporation, landlord, or combination thereof engaged in the business of leasing or renting of any apartment building, multiple unit, multiple dwelling units, or single-dwelling unit which has a separate power meter and is rented or leased for more than sixty (60) days to the same person or family regardless of whether the initial term is less than sixty (60) days if the term is routinely renewed for more than sixty (60) days, is hereby required to make application to and receive an annual license from the City Tax Department or other city department designated by the City Manager before engaging in the business. The annual license fee shall be the fee set forth in Chapter 115 of this Code of Ordinances. Said applicant shall state their name and address and identify the number of tenants occupying his or her property and the location thereof to include the physical address of each unit. The City Tax Department or other city office designated by the City Manager shall present an updated list of all license holders the first working day of each month and/or will maintain a continuous list to be made available to other city departments as necessary which will be updated on either a monthly or more frequent basis. The City Tax Department or other city office designated by the City Manager shall issue said license if:
(1) The applicant’s property is not in violation of any ordinance of the city as determined by inspections completed in accordance with § 92.36 by both the Housing Inspector and the Environmental Codes Officer or other city official(s) designated by the City Manager;
(2) All city taxes and fees shall be fully paid;
(3) The applicant provides a full legal description of all parcels of property he or she rents;
(4) The applicant shall pay the annual inspection fee for one half of all units for which they have or are requesting a permit prior to issuance of the license excepting those units which the landlord can document as having been inspected by the City of Pikeville under contract by the Pikeville Housing Authority shall not count toward this total. In addition, a credit will be granted for any inspections the city, for whatever reason, failed to complete during the year following the prior renewal;
(5) The initial landlord license application can be submitted at any time and should be completed at least thirty (30) days prior to tenant occupancy in order to allow for sufficient time for the initial inspection to be completed;
(6) The annual renewal will be due on or before January 1 of each year; and
(7) A licensed landlord must acquire a permit for each unit prior to renting that unit even if it falls outside of the annual license renewal schedule. For clarification, it should be noted that the landlord license allows the landlord to conduct business as such, but each unit is considered to have its own permit.
(B) The Tax Administrator or other city employee or department designated by the City Manager is hereby empowered to revoke said license if it is discovered that the applicant has:
(1) Misrepresented himself or herself or the estate of his or her property;
(2) Refused access to premises for inspection as required in § 92.36; or
(3) Unabated violations or more than three (3) repeated violations on a same property in a twelve (12) month period.
(C) (1) Every person, individual, firm, owner, corporation, landlord, or combination thereof engaged in the business of leasing or renting of any apartment building, multiple unit, multiple dwelling units, or single-dwelling unit which has a separate power meter and is rented or leased for more than sixty (60) days to the same person or family regardless of whether the initial term is less than sixty (60) days if the term is routinely renewed for more than sixty (60) days, shall be required to acquire a permit for each rental unit they operate. This will require them to pay the City Tax Office for the required inspection fees for each separate unit they are renting as outlined above prior to receiving the permit. Said permit shall state the landlord’s name, address, contact number and e-mail address if one is available. The permit shall have the physical address for each separate rented or leased unit owned and operated by the landlord. Upon approval of the license and permits, the Tax Administrator shall, as soon as practical, provide a list of permitted rental units, including physical addresses, to the Utility Department and to the Commissioner of Public Safety or other city department designated by the City Manager. This list shall include a designation to indicate which units were inspected under contract by the Pikeville Housing Authority.
(2) The Commissioner of Public Safety or other city employee or department designated by the City Manager is hereby empowered to revoke the permit for any individual unit or property if it is discovered that the applicant has:
(a) Their property is or becomes in violation of any of the ordinances of the city and/or the statutes of the state, federal government or this chapter;
(b) Misrepresented himself or herself or the estate of their property;
(c) Refused access to premises for inspection as required in § 92.36; or
(d) Unbated violations or more than three (3) repeated violations on a same property in a twelve (12) month period.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. 0-2012-021, passed 8-27-12; Am. Ord. 0-2012-025, passed 10-22-12; Am. Ord. O-2018-15, passed 7-23-18; Am. Ord. O-2020-15, passed 10-26-20)
(A) The Commissioner of Public Safety or other city employee designated by the City Manager shall ensure that the Housing Inspector and the Environmental Codes Officer, or other such appropriate public official(s) as the City Commission or City Manager shall designate, shall inspect rental units within the City of Pikeville subject to the following schedule and procedures:
(1) Each unit shall be inspected by the designated inspectors before it is initially occupied by tenants or will be inspected within seven days upon learning that a unit has been occupied prior to receiving an inspection.
(2) The Commissioner of Public Safety or other city employee designated by the City Manager shall select one half of the rental units permitted at the annual landlord license renewal for inspection. These units shall be selected from the list provided by the Tax Administrator and shall not include those units which the landlord documented as having been inspected by the City of Pikeville under contract by the Pikeville Housing Authority. The number of assigned inspections shall equal the number for which the landlord paid at his license renewal and the selection shall be such that all rental units located within the City of Pikeville shall be inspected at least every two years.
(3) The designated inspectors shall inspect the rental units designated by the Commissioner of Public Safety within one year from the issuance of the unit's permit. Documentation of these inspections shall be returned to the Commissioner of Public Safety. Except for those inspections done for the Pikeville Housing Authority, as outlined above, these inspections shall be in addition to any other inspection required by law or herein to which an applicant for license or licenses shall consent, to determine the health and safety conditions of the apartment buildings, multiple dwellings, rooming houses, dwelling or dwelling units, within the city.
(4) The designated inspectors shall also provide documentation of inspections completed for the Pikeville Housing Authority to the Commissioner of Public Safety.
(5) On or before December 15 of each year, the Commissioner of Public Safety shall submit to the Tax Administrator a list of units that have been inspected since their last permit renewal. This list shall include the date of each unit's inspection and identify any units which were scheduled for inspection, but not completed.
(B) For the purpose of making this inspection, the Housing Inspector and, if necessary, the Environmental Codes Officer is hereby authorized to enter, examine, and survey at all reasonable times all apartment buildings, commercial buildings, multiple dwellings, rooming houses, dwellings, or dwelling units. The tenant or person in charge of an apartment building, commercial building, multiple dwelling, rooming house, dwelling, or dwelling unit shall give the Housing Inspector free access only to the leased portion of same or central facility serving same for the purpose of such inspection, examination, and survey. Similar access will be granted to the Environmental Codes Officer to review all exterior grounds and facilities for review of compliance with environmental codes.
(C) The Tax Administrator will assess a twenty-five dollar ($25.00) inspection fee to the property owner for each rental unit to be inspected as part of the landlord license application as outlined above. This fee will be a pre-payment for the initial or annual renewal inspections, depending upon whether this is the initial inspection of the unit or part of the landlord's annual renewal. This fee will also cover the Environmental Codes inspection. If violations occur that cannot be corrected during the initial inspection then the property owner will be assessed a fee of ten dollars ($10.00) for each return visit until which time the Housing Inspector or the Environmental Codes Officer are satisfied that the violation(s) have been corrected.
(D) A tenant may request an inspection of their unit as outlined in division (B) above at any time, but no more than once in any six (6) month period. Upon receipt of this request and payment of the inspection fee being made to the Tax Administrator by the tenant, the Housing Inspector and Environmental Codes Officer shall complete the inspection within thirty (30) days. The landlord will be notified prior to the inspection and both the tenant and the landlord will be notified of the results of the inspection. If violations occur that cannot be corrected during the initial inspection then the property owner will be assessed a fee of ten dollars ($10.00) for each return visit until such time the Housing Inspector or the Environmental Codes Officer are satisfied that the violation(s) have been corrected. This inspection shall not constitute the annual inspection of this unit.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. O-2018-15, passed 7-23-18; Am. Ord. O-2020-15, passed 10-26-20)
The Commissioner of Public Safety or Tax Administrator shall cause notice of the revocation of the permit or license to be served upon the licensee as provided for herein for violation of any of the provisions of this chapter. The permittee or licensee may request a hearing to the City Clerk in writing. A hearing shall be scheduled and heard by the city’s Code Enforcement Board pursuant to § 92.17. The owner may not allow another tenant to occupy their structure until which time all issues are remedied or until the hearing is concluded and the decision is rendered to allow tenants back into their structure.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. O-2020-15, passed 10-26-20)
(A) Failure to secure a license or permit in accordance with the provisions of this subchapter or failure to comply with any of the requirements of this subchapter is a punishable violation.
(B) If the Housing Inspector or other city employee or department designated by the City Manager determines there to be a violation of either Federal, state or local regulations the landlord's permit for that unit(s), or if landlord's unit or units are subject to repeat violations, their license or permit may be revoked immediately until which time the item(s) are corrected. If the items are not corrected within thirty (30) days, the permit or license shall be revoked specific to the unit or facility that is in violation. If a landlord's permit or license is revoked then they shall not be permitted to allow their premises to be occupied by a tenant and utilities shall not be provided to any unit. If the unit is occupied, the city shall give notice to the landlord and tenant that the unit has been declared by the city as uninhabitable as the result of violation(s) and that the tenants/occupants must vacate the premises within thirty (30) days and at that time the utilities shall be discontinued to the unit.
(C) When a violation occurs, the Housing Inspector or other city employee or department designated by the City Manager shall determine what city agency shall be contacted for their review, assessment, plan of action and possible penalty if applicable. If it is a violation of fire codes, the City Fire Marshal shall be contacted to inspect for compliance before their permit or license may be reinstated by the Tax Administrator. If it is a violation of a building code, the City Codes Enforcement Officer (Building Inspector) shall be contacted to inspect for compliance before their permit or license may be reinstated by the Tax Administrator. If it is an environmental nuisance violation, the City Environmental Nuisance Officer (Environmental Codes Officer) shall be contacted to inspect for compliance before their permit or license may be reinstated by the Tax Administrator. It is the Housing Inspector’s responsibility to determine if there is a violation and contact the appropriate department as explained for their determination if the item has been corrected to federal, state or local compliance. When the appropriate department is satisfied with the resolution, they shall submit in writing to the Housing Inspector their position. When the Housing Inspector receives remedy statements from each department that all issues have been address it will then be the Housing Inspector’s responsibility to notify the Tax Administrator and the Commissioner of Public Safety that the landlord’s permit or license to continue to operate may be reinstated.
(Ord. 0-90-007, passed 4-9-90; Am. Ord. 0-2010-015, passed 9-27-10; Am. Ord. 0-2011-017, passed 5-23-11; Am. Ord. 0-2012-021, passed 8-27-12; Am. Ord. O-2018-15, passed 7-23-2018; Am. Ord. O-2020-15, passed 10-26-20) Penalty, see § 92.99
NOISE POLLUTION
Loading...