(a) On and after July 1, 2009, it shall be unlawful for any Person to operate, to Let, or to Rent to another for occupancy any Dwelling in the City, unless a Residential Rental License has been issued by the Code Official. Each Dwelling in the City that is subject to this article shall be licensed.
(b) The application for a Residential Rental License shall be in a form and shall include information to be determined by the Code Official. The Residential Rental License shall include, but not be limited to, the following information:
(1) Address of the Dwelling.
(2) Name, physical address, and telephone number of the Owner of the Dwelling. In the case of a partnership, the names, physical addresses, and telephone numbers of all partners shall be provided, and in the case of a corporation the names, physical addresses, and telephone numbers of corporate officers shall be provided.
(3) Name, physical address, and telephone numbers of the Operator, Agent or Manager of the Dwelling that represents the Owner on-site.
(4) Total floor area, in square feet, of the Dwelling.
(5) The physical address, or other official designation, and floor area, square feet, of each Dwelling Unit within the Dwelling (if applicable).
(6) Number of bedrooms in the Dwelling, or individual Dwelling Unit (if applicable).
(7) Heat source for the Dwelling.
(8) Amount of Rent paid for the Dwelling, or individual Dwelling Unit (if applicable ).
(9) Such other information as may be required by the City.
(c) It shall be the responsibility of an Owner of a Dwelling to complete and submit to the City an application for a Residential Rental License. A fee of ten dollars ($10.00) shall be submitted to the City with each application.
(d) Applications for renewal of a Residential Rental License shall be submitted to the City not less than 60 days prior to expiration of the current Residential Rental License. A fee of ten dollars ($10.00) shall be submitted to the City with each renewal application.
(e) Each Residential Rental License shall be for a one year term. The Residential Rental License period shall be from July 1 through June 30.
(f) The Code Official may inspect each Dwelling Unit to determine compliance with Codes and the Residential Rental License.
(g) The Code Official is authorized to enter the Dwelling and any Dwelling Unit therein at reasonable times to inspect the same in his/her duties under this article, provided that permission to enter is obtained from the Owner, Operator or Agent, and the occupant. If such permission is refused or is otherwise unobtainable, a search warrant must be obtained before such entry or inspection is made.
(h) The Code Official shall carry proper identification when inspecting a Dwelling or Dwelling Unit in the performance of his/her duties under this article.
(i) The Residential Rental License will not be issued or renewed for any Dwelling if any of the following conditions are found to exist:
(1) Noncompliance with the terms and conditions of the current Residential Rental License.
(2) Structure Unfit for Human Occupancy.
(3) Unsafe Structure.
(4) Unsafe Equipment.
(5) Nuisance existence or history of existence.
(6) History of noncompliance with maximum occupancy.
(7) Outstanding balance on Landlord Business and Occupation Tax.
(8) Outstanding balance on City of South Charleston Municipal Service Fees.
(10) Failure to remit State or Municipal Sales and Use Tax, including but not limited to sales and use taxes on taxable rentals.
(j) A Dwelling with a current Residential Rental License shall have the License revoked immediately if an inspection or investigation by the Code Official results in any of the following determinations:
(1) Structure Unfit for Human Occupancy.
(2) Unsafe Structure.
(3) Unsafe Equipment.
(4) Serious Nuisance. For purposes of this section, "Serious Nuisance" means a Nuisance, as determined in the Code Official's discretion, and as (A) reflected by three or more complaints about the Dwelling within a twelve-month period as substantiated by the Code Official or (B) reflected by one Nuisance that constitutes a serious health or safety risk to a Tenant or the public.
(k) If the Dwelling fails to comply with the provisions of any applicable Code other than provisions that result in a determination of Structure Unfit for Human Occupancy, Unsafe Structure, Unsafe Equipment or Serious Nuisance, then the Code Official shall notify the Owner or Operator in writing of the deficiencies within ten (10) days of the inspection. The Owner or Operator shall be given 30 days from the date of the notice to take corrective action and schedule a subsequent inspection.
(l) The Code Official or his/her designee shall affix his/her signature to every Residential Rental License.
(m) Proof of the Residential Rental License shall be presented for inspection to the Code Official or his/her designee, or a Tenant upon request.
(n) The Code Official may impose terms and conditions in connection with any Residential Rental License as are reasonably necessary, in his or her discretion, to minimize the risk of a Nuisance or to safeguard the health or safety of any Tenant or the public. Terms and conditions may be imposed when the License is issued or renewed or during the term of the License. Once imposed, any terms or conditions shall remain in place unless expressly removed by the Code Official. Terms and conditions that may be imposed include but are not limited to the following:
(1) Limiting the number of persons allowed per Dwelling or Dwelling Unit to a number below that of the maximum occupancy certificate.
(2) Prohibiting large gatherings in or at the Dwelling.
(3) Requiring the presence of an adult at a Dwelling when anyone under the age of eighteen is present.
(4) Requiring the Owner or Operator to provide his or her contact information to businesses or residents near the Dwelling.
(5) Requiring the Owner or Operator to inspect a Dwelling or Dwelling Unit once or on a recurring schedule.
(6) Imposing requirements on the Owner or Operator concerning the pre-screening of tenants.
(7) Requiring security cameras at the Dwelling, such as at entrances and exits of the Dwelling.
(8) Requiring the Owner or Operator to provide certain information to Tenants, including but not limited to garbage service information.
(9) Imposing a motor vehicle limit for Tenants and visitors at the Dwelling.
(10) Prohibiting amplified sound that can be heard from any adjacent property.
(Ord. 2116. Passed 12-18-08; Ord. 2335. Passed 1-19-23.)