(a) Any Owner or Operator may require terms and conditions in any agreement between Owner or Operator and Tenant that ensure compliance with the provisions of this article. Nothing in this article precludes the Owner or Operator from requiring terms and conditions in any agreement between Owner or Operator and Tenant that are more stringent and exceed the requirements set forth in this article.
(b) Any agreement between Owner or Operator and Tenant entered into or renewed on and after April 1, 2023, regardless of whether the agreement is written or unwritten, regardless of whether the Tenant provides consideration for the occupancy, and regardless of duration of occupancy, shall contain the following notices or provisions:
THE CITY OF SOUTH CHARLESTON REQUIRES THAT TENANTS BE PROVIDED WITH CERTAIN INFORMATION AND AGREE AND COVENANT AS FOLLOWS:
(1) No residential rental property may be used for illegal activity, including but not limited to drug-related illegal activity. Illegal activity constitutes a Nuisance and may constitute a Serious Nuisance. By renting or leasing a Dwelling or Dwelling Unit, Tenant covenants and agrees that Tenant and any guest of Tenant, member of Tenant's household, or other person under Tenant's control:
A. Will not engage in any illegal activity or act intended to facilitate illegal activity on or near the Dwelling; and
B. Will not engage in acts of violence or threats of violence, including but not limited to the unlawful discharge of any firearm, prostitution, criminal gang activity, intimidation, or any other breach of the rental agreement on the premises that otherwise jeopardizes the health, safety, or welfare of any other person.
(2) South Charleston City Code Section 504.04 provides for quiet time in the City of South Charleston between the hours of 10 p.m. and 7 a.m., subject to the exceptions provided in this section. Tenant covenants and agrees that Tenant and any guest of Tenant, member of Tenant's household, or other person under Tenant's control will abide by the City's quiet time.
(3) South Charleston City Code Section 712.12 requires the posting in a common area within the Dwelling of the maximum occupancy limits of the Dwelling and each Dwelling Unit that is rented separately. Tenant covenants and agrees that Tenant and any guest of Tenant, member of Tenant's household, or other person under Tenant's control will not exceed any such occupancy limits.
(4) South Charleston City Code Article 361 imposes parking restrictions. Tenant covenants and agrees that Tenant and any guest of Tenant, member of Tenant's household, or other person under Tenant's control will abide by such parking restrictions at the residential rental property and any parking limitations as may be imposed by the Owner.
(5) ANY VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE RENTAL/LEASE AGREEMENT AND GOOD CAUSE FOR TERMINATION OF THE TENANCY. It shall be understood and agreed that a single violation constitutes good cause for termination of the tenancy. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.
(Ord. 2335. Passed 1-19-23.)