(A) Requirement. No person shall occupy, allow to be occupied, or let to another for occupancy any property regulated under this chapter in the city for which a registration statement has not been properly made and approved by the Housing Inspector.
(B) Property manager or agent proximity. No person or persons residing more than 100 miles from the City of Vermillion shall register or manage any rental unit.
(C) Inspection. Prior to registration the Housing Inspector shall conduct an inspection to insure compliance with the provisions of this chapter, the International Property Maintenance Code, the zoning, subdivision and building ordinances of the City of Vermillion, and laws of the State of South Dakota. The issuance or granting of a rental registration shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the code, Fair Housing Act, Americans with Disabilities Act, or of any other applicable federal, state or local provision.
(D) Fees. The payment of fees set forth by resolution of the City Council shall be a prerequisite to this required registration.
(E) Registration statement content. The registration statement shall be made and filed on a form furnished by the Housing Inspector for the purpose and shall set forth the following information:
(1) Name, residence address, and phone number of the owner of the dwelling or an agent authorized by the owner to accept service of process and to receive and give receipt for notices; and in cases where the owner of the dwelling lives more than 100 miles from the City of Vermillion, the registration shall be made by a manager or agent who shall be legally responsible for compliance with this chapter and other city ordinances;
(2) Name, address, and phone number of a manager or agent actively managing the rental property;
(3) Street address of the rental property;
(4) Number and kind of units within the rental property (dwelling unit or rooming unit);
(5) Name, phone number, and address of the person authorized to make or order repairs and/or service to the building, to provide required services necessary to protect the health, safety, and welfare of the occupants or is able to contact the person so authorized; and
(6) Maximum number of people permitted per dwelling unit or sleeping room.
(F) Manner of registering. The registration shall be made by the owner if the owner is a natural person; if the owner is a corporation, by an officer thereof; if a partnership, by one of the partners; and if an unincorporated association, by the manager, or managing officer thereof, in the office of the Housing Inspector. Notwithstanding, renewal of registrations as required annually by this chapter may be made by filling out the required renewal form furnished by the Housing Inspector. The renewal of registration may be made only where there has not been a change in ownership, agent, or type of occupancy as originally registered.
(G) Annual registration. All rental property required to be registered pursuant to the provisions of this chapter shall be registered prior to occupancy or the letting to another for occupancy of any unit therein, and thereafter all registrations of the rental property shall be renewed not later than the fifteenth day of January of each year.
(H) Transfers. Every new person in possession of a rental property (whether as fee owner, contract purchaser, lessee subletting a dwelling unit, or otherwise entitled to possession) shall register before taking possession. No registration fee shall be required of the new person in possession in the year of purchase provided the previous person in possession had paid the registration fee, and further provided the new person in possession does not change the type of occupancy as originally registered.
(I) Registration fee. A registration fee for each dwelling unit or sleeping room shall be paid by the fifteenth day of January of each year. The aforesaid fee shall be set by resolution of the City Council. The registration fee shall also apply whenever any rental owner or person in charge fails to comply with rental housing codes within 30 days of being ordered to do so, and/or fails to respond within 30 days to rental inspection requests by the Rental Housing Inspector.
(1) A penalty of an amount set by resolution per unit per month shall be added to the registration fee if not paid by January 15 of each year.
(2) Rental property which is licensed as a nursing home or as a boarding care home shall be exempt from the registration fee required under this division (I).
(J) Substandard. Any dwelling or dwelling unit or rooming unit not registered as required shall be declared substandard and the registration canceled.
(Ord. 1255, passed 8-1-2011)