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(A) Prohibitions; sale, possession, transfer, manufacture of synthetic or alternative drugs.
(1) A person is guilty of a violation of this section if he or she sells, possesses, transfers or manufactures any substance or product containing any quantity of synthetic or alternative drug, as defined under this section.
(2) All substances made unlawful by this section shall constitute contraband, subject to immediate seizure by law enforcement and shall be destroyed upon a conviction for a violation of this section.
(3) The substances defined in this section shall not include medications or substances for which the possessing party holds a valid prescription or beer, wine or intoxicating liquors as defined by local, state and federal laws.
(4) Products commercially available and sold which have common, proven and lawful uses under local, state and federal law shall not be deemed unlawful by this section. Examples are prescription and over the counter medications, health supplements where the ingredients are listed on the packaging, food and drink products and the like.
(5) In addition to the definitions provided in this section, the following additional factors shall be considered in making the determination if a substance is unlawful under this section:
(a) Scope of legitimate uses of the product;
(b) Physical and testimonial evidence provided by officers and prosecutors regarding known uses of the product;
(c) Statements made by persons selling, possessing, and using the product;
(d) Availability of the product to include types and number of area businesses selling it;
(e) The ratio of the price of the product compared to the quantity sold; and
(f) The proximity of the product in relation to devices used to ingest or consume controlled substances.
(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
MANUFACTURE. To complete, blend, formulate, package, repackage or develop by any means any substance made unlawful by this section.
POSSESSION. To possess on one’s own person or possession by a person exercising dominion or control over the immediate area where contraband is found whether in a vehicle, vessel, container, dwelling, building or other structure, whether upon public or private property.
SALE/TRANSFER. To offer for sale, to advertise for sale, to sell, to distribute, to furnish, to transfer, to barter or to exchange to any person or entity with or without an exchange of compensation or service.
SALVIA DIVINORUM/SALVINORUM. All parts of the plant presently classified botanically as salvia divinorum whether growing or not, the seeds thereof, any extract from any part of the plant and every compound, manufacture, salts, derivative, mixture or preparation of the plant, its seeds or extracts.
SYNTHETIC STIMULANT.
(a) A product that contains a synthetic chemical compound that elicits psychoactive or psychotropic stimulant effects, especially where those products are in a powder, crystal or granular form, including, but not limited to, the following:
1. 3,4-Methylenedioxymethcathinone (Methylone);
2. 3,4-Methyenedioxpyrovalerone (MDPV);
3. 4-Methymethcathinone (Mephedrone);
4. 4-Methoxymethcathinone (Methedrone);
5. 4-Fluoromethcathinone (Flephedrone);
6. 3-Fluoromethcathinone (3-FMC);
7. Naphthylpyrovalerone; and
8. 2-amino-lphenyl-l-propanone (Cathinone).
(b) SYNTHETIC STIMULANTS, despite their labeling, are commonly identified by being sold in small packets, tubs, and vials, packaged under various retail names, often identified as bath salts, plant food, fertilizer, insect repellant and the like and are usually powder or granular in form, sold without a listing of ingredients and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
(c) SYNTHETIC STIMULANTS, often referred to as “bath salts” are commonly marketed under various commercial trade names, which changed often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to division (E) below for a listing of commercial names commonly used to advertise and portray these substances.
(d) SYNTHETIC STIMULANTS, as defined in this section, shall exclude normal, typical bath salts and bath additives which do not contain synthetic chemicals compounds listed herein that elicit psychoactive or psychotropic stimulant effects. Standard bath salts primarily contain magnesium sulfate (Epsom salts) sodium chloride (table salt) sodium bicarbonate (baking soda), sodium hexametaphosphate (Calgon), amorphous/glassy sodium metaphosphate, sodium sesquicarbonate and borax.
SYNTHETIC MARIJUANA/ SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT.
(a) A natural or human-made substance that elicits psychoactive or psychotropic euphoric effects or a natural or human-made compound that functions similar to the active ingredient in marijuana (tetrachydrocannabinol “THC”) including, but not limited to, any quantity of a synthetic material, mixture, preparation, substance and their analogs (including isomers, esters, ethers, salts and salts of isomers) containing a cannabinoid receptor agonist, regardless of whether the substance is marketed for the purpose of being consumed, including any of the following:
1. 2(3-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cycloliexyl ring to any extent;
2. 3-(l-naphthoyl) indole or 3-(l-naphthylmethane) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent;
3. 3-(l-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent;
4. l-(l-naphthylmethylene) indene by substitution of the 3-positon of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent;
5. 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substitution on the phenyl ring to any extent;
6. 5-(l, l-dimethylheptyl)-2-[lR, 3S)-3-hydroxycyclohexyl]-phenol (CP-47, 497);
7. 5-(l, 1 dimethyloctyl)-2-[lR, #S)-3-hydroxycycloheyl] phenol (cannabicyclohexanol or CP-47, 497 C8-homolog);
8. l-pentyl-3-(l-naphthoyl)indole (JWH-018 and AM678);
9. l-pentyl-3-(l-naphthoyl)indole (JWH-073);
10. 1-hexyl-3-(l-naphthoyl)indole (JWH-019);
11. l-[2-(4-morpholinyl)ethyl]-3-(l-naphthoyl)indole(JWH-200);
12. l-pentyl-3-(2-methoxyphenylacetyl)indole(JWH250);
13. l-pentyl-3-[l-(4-methyl-lnaphthoyl)indole(JWH-081);
14. l-pentyl-3-(4-methyl-l-naphthoyl)indole(JWH-122);
15. l-pentyl-3-(4-chloro-i-naphthoyl)indole(JWH398);
16. l-(5-flouropentyl)-3-(l-naphthoyl)indole(AM2201);
17. l-(5-fluoropenty le)-3(2-iodobenzoyl)indole(AM694);
18. l-pentyl-3-[(4-methoyxy)-benzoyl]indole(SR-19 and RCS-4);
19. l-cycloliexylethyl-3-(2-methoxyphenylacetyl)indole (SR-18 and RCS-8); and
20. l-pentyl-3-(2-chlorophenylacetyl)indole(JWH-203)
(b) HERBAL SMOKING PRODUCTS, despite their labeling, are commonly identified by being sold in small packets containing natural or human-made substances, packaged under various retail names, identified as herbal potpourri, herbal sachet, herbal aromatherapy and the like, sold without a listing of ingredients, and sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
(c) SYNTHETIC MARIJUANA/SYNTHETIC CANNABINOIDS/HERBAL SMOKING PRODUCTS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. Refer to division (E) below for a listing of commercial names commonly used to advertise and portray these substances.
(d) SYNTHETIC MARIJUANA/SYNTHETIC CANNABANOIDS/HERBAL SMOKING PRODUCT shall exclude typical, standard incense and potpourri that is sold as incense sticks, oils or cones that is commonly used for aromatic qualities and do not contain any synthetic chemical compounds, do not provide a prohibition against ingestion, and do not elicit psychoactive or psychotropic euphoric effects.
SYNTHETIC/ALTERNATIVE DRUG. Any of the following:
(a) Any substance containing a synthetic cannabinoid, stimulant, psychedelic, depressant or hallucinogenic;
(b) Salvia divinorum or any substance known by this name or any version of this name;
(c) Substances described as herbal blends, botanical blends, botanical sachet, herbal sachet, herbal potpourri, herbal incense, spice, salts or any blend or combination of these, even though the substance is marketed as “not for human consumption” which if ingested causes intoxication, euphoria, giddiness, paralysis, irrational behavior or in any manner changes, distorts or disturbs the auditory, visual or mental process;
(d) Any substance defined in subsequent portions of this section;
(e) Any substance which has a stimulant, depressant, psychedelic, psychotropic or hallucinogenic effect on the body that is substantially similar to or greater than that of any controlled substance or unlawful drug; or
(f) Any substance marked or packaged under any name listed in division (E) below.
SYNTHETIC PSYCHEDELICS/ HALLUCINOGENS.
(a) A substance that mimics the effects of any federally or state controlled substance, including, but not limited to, any natural or human-made substance, compound, mixture, preparation or is laced with a synthetic chemical compound that elicits a psychedelic/hallucinogenic effect including, but not limited to, the following:
1. 2-(2,5-Dimethoxy-4-ethylphenyl) ethanamine(2C-E);
2. 2-(2,5-Dimethoxy-4-methylphenyl) ethanamine(2C-D);
3. 2-(4-Chloror-2,5-dimethoxyphenyl) ethanamine(2C-C);
4. 2-(4-Iodo-2,5-dimethoxyphenyl) ethanamine(2C-I);
5. 2-[4-Ethylthio)-2,5-dimethoxyphenyl] ethanamine(2C-T-2);
6. 2-[4-Isopropylthio)-2,5-dimethoxyphenyl] ethanamine(2C-T-4);
7. 2-(2,5-Dimethoxyphenyl) ethanamine(2C-H);
8. 2-(2,5-Dimethoxy-4-nitio-phenyl) ethanamine(2C-N); and
9. 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P).
(b) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS, despite their labeling, are commonly identified by being sold in small packets, tubs or vials and are often in tablet, capsule and liquid form and packaged under various retail names, sold without a listing of ingredients, and often sold with disclaimers warning against ingestion and stating they are free of controlled substances. By virtue of this section, such products are unlawful.
(c) SYNTHETIC PSYCHEDELICS/HALLUCINOGENS are commonly marketed under various commercial trade names, which change often, and contain a common disclaimer that the products are “not safe for human consumption”, “novelty item” or similar disclaimer. They may also be marked in a consumable pill form under various names. Refer to division (E) below for listing of commercial names commonly used to advertise and portray these substances.
(C) Enforcement and civil penalty. The city deems synthetic and alternative drugs dangerous and detrimental to the citizens, guests and fabric of the community of the city, it bans the sale, possession, transfer and or manufacturing of synthetic drugs or alternative drugs.
(1) Individuals involved in the sale, transfer or manufacturing. A civil penalty of each offense will be $500 for the first violation; $1,000 second violation and any violations thereafter shall be charged as a misdemeanor, with up to 90 days in jail, and subject to the sanctions of the District Court.
(2) Individuals that are in possession. A civil penalty of each possession offense will be $100 for the first offense; $300 for the second offense; $500 for the third offense; $800 for the fourth; and every offense thereafter shall be $1,000.
(D) Severability. If any clause, sentence, paragraph, division or part of this law or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, the order or judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, division or part of this law, or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which the order or judgment shall be rendered.
(E) Unlawful and synthetic drugs. Substances described in this section and distributed under the commercial/retail names contained in this division (E) shall be deemed to be unlawful and synthetic drugs, especially if they are packaged in a manner that indicates the product is “not for human consumption” or if it fails to disclose the products ingredients. Products commercially sold under similar or like names, which have common, proven and lawful uses and which list their ingredients and directions for use, shall not be deemed unlawful under this section.
(1) 8-BALL,251,2c-l;
(2) AFGAN BLACK, AM-HI-CO (ALL TYPES), APHRODISIA, ATOMIC BOMB, AZTEC GOLD, AZTEC MIGHNIGHT WIND TEZCATLIPOC;
(3) BACK DRAFT, BAD 2 THE BONE, BANANA CREAM NUKE, BATH SALT, BAYOU BLASTER, BIGDADDY, BLACK DIAMOND, BLACK MAGIC SALVIA, BLACK MAMBA, BLISS (ALL TYPES), BLIZZARD, BLUE SILK, BLUEBERRY HAYZE, BLUEBERRY HAZE, BOMBAY BLUE, BONZAI, BROMO-DRANGONFLY, BUZZ;
(4) C3, C4, C4 HERBAL INCENSE, CANEFF, CHARGE PLUS, CHERRY BOMB, CHILLX, CHRONIC SPICE, CILL OUT, CITRUS, CLOUD 9, COLORADO CHRONIC;
(5) DA BLOCK, DARK NIGHT ii, DEMOND, DEVIL EYE, DEX, DIAMOND SPIRIT, DOVES, DRAGON SPICE, D-RAIL, DREAM, DYNATMITE N-R-G;
(6) EARTHQUAKE, ERUPTION SPICE, EUPHORIA, EXOTIC ULTRA, EXSES, EX-SES PLATINNUM (ALL TYPES), EX-SES GOLD PLUS, EXTREME SPICE;
(7) FAKE WEEK, FERTILIZER, FIRE BIRD ULTIMATE STRENGTH CINNAMON, FOREST HUMUS, FREEDOM, FULLY LOADED, FUNKY MONKEY XXXX;
(8) G FOUR, G GREENIES CARAMEL CRUNCH, GENIE (ALL TYPES), GLASS CLEANER, GEM, GOLD SPIRIT SPICE, GREEN MONKEY CHRONIC SALVIA, GREENIES STRAWBERRY, GROW;
(9) HEAD RUSH ULTRA, HEAVEN IMPROVED, HEAVENSCENT SUAVE, HERBAL ECSTASY, HIOCTANE, HUMBOLDT GOLD, HURRICANE, HUSH, HYPER X ULTRA;
(10) ICE BUD, IVORY (ALL TYPES);
(11) JAMAICAN GOLD, JOKER;
(12) K ROYAL, Kl (ALL TYPES), K2 (ALL TYPES), K3 (ALL TYPES), K4 (ALL TYPES), KIND SPICE, SW ORISHA MAX, KRUSH;
(13) LEGAL EAGLE (ALL TYPES), LEGAL;
(14) MAGIC DRAGO PLATINUM, MAGIC GOLD, MAGIC SILVER, MAGIC SPICE, MAYA BLUE, MEGA BOMB, MELLOMAN, MELLOW MADNESS 1 A, METHOXETAMINE, MID-ATLANTIC EXEMPLAR (ALL TYPES), MIDNIGHT CHILL, MIND BLISS, MNGB ALMOND/VANILA, MNGB (ALL TYPES), MOE JOE FIRE, MOJO (ALL TYPES), MR. SMILEY’S, MTN-787, MYSTERY;
(15) NATURAL ECSTASY, NATURAL LSD, NAUGHTY NIGHTS, NEUTRONTUM, NEW IMPROVED K3 (ALL TYPES), NEW K3 (ALL TYPES) NEW-KRON BOMB, NITRO, NUMBER ONE CHOICE (ALL TYPES);
(16) OCEAN BLUE, OCEAN BURST (ALL TYPES);
(17) P.E.P. POTPOURRI (ALL TYPES), PARADISE, PINK LOTUS, PINK TIGER, PIXIE DUST, PLANT FOOD, POSH, POTPOURRI (ALL TYPES) POW, PULSE, PUMP IT POWDER, PURE IVORY, PURPLE WAVE;
(18) QUICK SILVER;
(19) RADIOACTIVE, RASTA CITRUS SPICE, REBEL SPICE, RECHARGE (ALL TYPES);
(20) SENCE, SERENITY (ALL TYPES), SEX INTENSE, SETACY (ALL TYPES), SHAMANTRANCE, SHANTI SPICE (ALL TYPES), SILENT BLACK, SKINK, SMOKE, SMOKE PLUS, SNOW LEOPARD, SOLAR STAR GOLD SPACE (ALL TYPES), SPACETRIPS, SPEED FREAK, SPICE (ALL TYPES), SPICERY (ALL TYPES), SPICEY XXX (ALL TYPES), SPICYLICIOUS, SPICE 99 (ALL TYPES), SPIKE 99 (ALL TYPES), SPIKE (ALL TYPES), STARDUST, STARRY NIGHT, STINGER, SUMMER SKYY, SUPER KUSH, SUPER SUMMIT, SWAGGER GRAPE, SYN (ALL TYPES);
(21) TEXAS GOLD, TIME WARP, TNT, TRIBAL WARRIOR (ALL TYPES), TRANQUILITY;
(22) ULTRA CLOUD 10, UNKNOWN CIGARETTE, UTOPIA (ALL TYPES);
(23) V8, VANILLA SKY, VOO DOO (ALL TYPES);
(24) WHITE (ALL TYPES), WHO DAT (ALL TYPES), WICKED X, WILD OPIUM, WINDER BOOST, WINDOW CLEANER, WOOD STOCK;
(25) XTC, X-TRACY ULTRA;
(26) YOCANTAN FIRE, YUCANTAN FIRE;
(27) ZOMBIE WORLD, ZOOM Z. BLACK DIAMOND;
(28) TRIPLE XXX PLURBOM;
(29) WTF;
(30) ZERO GRAVITY;
(31) HAVE YOU SEEN MOLLY; and
(32) BIZZARRO.
(A) It is the purpose of this section to ensure that all rental units in the city are decent, safe, sanitary and operated and maintained in a manner that avoids the creation of a nuisance to the neighborhood, an influence that fosters blight and deterioration, or creates a disincentive to neighborhood reinvestment. The Council finds that providing for the public health, safety and welfare of its citizens occupying rental units requires a program that not only corrects substandard housing conditions and enforces a minimum habitability standard for rental units, but that also provides for the quiet enjoyment of the normal activities of life for occupants of rental properties and for the neighborhoods in which such rental properties are located.
(C) Applicability of section. This section shall apply to all rental dwellings, rental dwelling units, housekeeping units, rooming units, rental units, buildings and premises located within the city, except that it shall not apply to suites and sleeping rooms in hotels, motels, or motor inns which are let to the public for periods of less than one month and to common areas in such hotels.
(D) Inspections; enforcement; fees.
(1) For the purposes of attaining uniform acceptable building and maintenance standards in the city and enforcing this chapter, the Code Official is hereby authorized to enter, examine and survey, between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units, housekeeping units, rooming units and other building and premises. The Code Official, prior to making such inspection, shall inform the owner or their agent of the date and time of the inspection by written notice. After notice has been given, the owner, occupant or the person in charge of the premises to be inspected, shall give the Code Official free access to conduct the inspection. Nothing in this section shall be construed to prohibit the entry of the Code Official:
(a) At any time when in the opinion of the Code Official an actual emergency tending to create an immediate danger to public health and safety exists; or
(b) At any time when such inspection, examination or survey may be requested by the owner or occupant;
(2) When an order to correct as provided in this chapter has been issued, the Code Official is hereby authorized to enter and re-inspect the premises. The re-inspection shall be made by the Code Official and any other public officers as deemed appropriate by the Code Official. The owner, occupant or the person in charge of the premises shall give free access to the premises for the re-inspection;
(3) Every occupant of a rental dwelling, dwelling unit or housekeeping unit shall give the owner thereof, or his agent or employee, access to any part of the premises, at all reasonable times, for the purpose of making repairs or alterations necessary to effect compliance with the provisions of this chapter or any lawful order issued pursuant to this chapter.
(E) Service of notice and orders.
(1) Whenever the Code Official determines that there exists a violation of any provisions of this chapter, notice of the violation shall be issued to the owner of record or the owner's agent if known, as hereinafter provided. Such notice shall:
(a) Be written;
(b) Identify the violations;
(c) Provide a correction deadline. In determining the deadline, the Code Official shall consider, along with all other pertinent factors, the nature and extent of the work involved, the season of the year and the existence of any immediate danger to public health and safety;
(d) The notice may be delivered by any reasonable means including, but not limited to personal delivery, e-mail notification or by United States mail, postage prepaid, to the last known address of the owner or owner's agent, or by posting the notice in a conspicuous place on or about the premises;
(2) Notices served pursuant to this section shall become final orders unless an appeal is filed as provided in § 10.40(F). All final orders shall be complied with or the premises vacated by the deadline provided in the order;
(3) Whenever the Code Official finds that an emergency exists which requires immediate action to protect the public health and safety, the Code Official may, without notice or hearing, issue an order declaring the existence of such an emergency and requiring that such action be taken as deemed necessary to meet the emergency notwithstanding the other provisions of this chapter. Such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately.
(F) Appeals. Any property owner aggrieved by an action of the Code Official against the owner's property in the enforcement of this chapter may appeal such action to the Building Appeal Board as defined by § 17.12. Any property owner aggrieved by an action of the Building Appeal Board may appeal to the City Council.
(F) Appeals. Any property owner aggrieved by an action of the Code Official against the owner's property in the enforcement of this chapter may appeal such action to the Building Appeal Board as defined by § 17.12. Any property owner aggrieved by an action of the Building Appeal Board may appeal to the City Council.
(Ord. passed 4-11-2023)
DWELLING. A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
MULTIPLE RESIDENTIAL BUILDING. A building with any dwelling let for occupancy joined to another dwelling let for occupancy at one or more sides by a party wall, floor or ceiling, including boarding houses, sleeping rooms, apartments, town homes, twin homes, duplexes or quad homes, wherein eating, cooking and sanitation facilities may or may not be shared in common spaces. Each private dwelling area for living and sleeping shall constitute a rental unit when other facilities of eating, cooking or sanitation are shared among tenants.
RENTAL UNIT. Any dwelling that is occupied by any tenants.
RESIDENCE. The primary dwelling where an individual lives and usually sleeps.
TENANT. Any adult person or emancipated minor who is occupying a dwelling under any agreement, lease or contract, whether oral or written, and for a period of seven or more consecutive or non-consecutive days in any month, whether or not such occupancy requires the payment of rent, the payment of utilities or the provision of services, for the use of the dwelling;
(a) A tenant shall not include any owner of record and an owner's natural children, adopted children, foster children, spouse, other blood relations, any significant other and any other dependent minors, residing with that owner as a family unit; significant other means romantic partner;
(b) A tenant shall not include a tenant's natural children, adopted children, foster children, spouse, other blood relations, any significant other and any other dependent minors, residing with the tenant as a family unit; significant other means romantic partner.
(B) License required. No owner of any rental unit shall permit the occupancy of any portion of a unit by any tenant unless that portion is licensed as required by this section and such license is posted in a conspicuous place inside the unit for the duration of occupancy.
(C) Licenses--application, procedure, type. The City of Virginia shall begin accepting applications for registration and license immediately after adoption of this section. Rental properties should begin the process of inspection and licensure early in the first year the property is subject to regulation. A provisional license will be issued upon completion of the application. Initial inspections will be scheduled as inspection staff is available. The inspection official will issue a certified license upon successful completion of the initial inspection. After the first year of this program, the license procedure will be as indicated below without the provisional license provision. Not having completed the application, inspection and licensure by the end of the first year a license is applicable shall be a violation of this section and the rental unit will be considered unlicensed and subject to penalties, fines or administrative action as contained herein.
(1) Applications for rental licenses shall be filed with the Code Official by the owner or the owner's agent and shall be accompanied by the required license fee. The Code Official may reject any incomplete application;
(a) Applications for license renewals shall be filed at least 90 days prior to license expiration;
(b) Upon receipt of a complete application and fees the Code Official may issue a license if the rental unit is eligible for licensure;
(2) Rental units which comply with the State Building Code (Chapter 1305) and have been constructed and certified for occupancy within one year prior to date of application and are otherwise eligible for licensure shall be issued a license for the initial licensing period without further inspection;
(3) All other rental units shall be inspected. The license fee shall cover general administration, the initial or renewal inspection, and one re-inspection, if required. Before a license is issued, a certificate of compliance from the designated inspector shall be required by the Code Official. Separate licenses shall be required for each rental unit. No license shall be issued unless the rental unit complies with the provisions of this section and all other applicable laws;
(4) Except as otherwise provided in this section, any application for the renewal of an expired license shall be processed as a new license application and the rental unit must comply with all applicable laws;
(5) If a rental license lapses as a result of the failure to comply with this section, the license may be administratively reissued without regard to the provisions of divisions (C)(1) through (3) of this section for a period not to exceed 180 days of expiration, if within 180 days of the expiration of the license the owner complies with all other requirements of division (C) of this section;
(6) The applicant shall identify a managing agent or contact person who resides within a 25 miles radius of the city and who has the authority to act for the owner;
(7) Except as otherwise provided, a short-term rental license may be issued for a period not to exceed 12 consecutive months for any dwelling under the following circumstances and pursuant to the following conditions:
(a) The owner is the occupant of the dwelling unit at the time of application or the Code Official finds that the owner was the occupant within 30 days before the date of application; and
(b) For professional, educational, medical, or military service reasons the owner intends to reside in another community located at least 50 miles from the city; and
(c) The owner provides sufficient evidence of such intention to temporarily relocate. Such evidence may include, but is not limited to written offers of employment, employment transfer directives, a letter of acceptance from an educational institution, or military orders; and
(d) The license may not be issued more frequently than once in any three years;
(e) The license shall be applied for in the same manner as other rental period; and licenses; and
(f) Except as otherwise provided in this section, the rental unit shall comply with all applicable rental licensing standards; and
(g) A short term license may be extended for additional six month periods provided that an application for extension is received prior to the expiration of the short term license or six-month extension and adequate evidence justifying the extension is submitted.
(D) Fees. Fees provided for in this section shall be established by resolution of the City Council. License fees shall not be prorated, transferred, or refunded.
(E) Term of license. Licenses issued pursuant to this section shall be for a term of three years. The term shall commence on the license issuance date and expire three years from that date. All license renewals, including those authorized before expiration, and those administratively reissued, subject to division (C)(5) of this section, shall retain the original license issuance month and day. License fees shall not be prorated.
(F) License conditions. All rental units are subject to the following conditions:
(1) No license shall be transferred to another rental unit;
(2) At the principal exterior entrance to a rental unit an informational notice shall be posted that complies with the following requirements:
(a) The notice shall be displayed in a conspicuous place;
(b) The notice shall indicate the name, e-mail address and telephone number of the owner or managing agent;
(c) The notice shall be of such construction to remain readily visible for the term of the rental license.
(3) If there is a change in ownership of a rental unit, the new owner shall apply for a transfer of the license within 30 days of the change and pay the license transfer fee. If the rental unit is sold pursuant to a contract for deed, the purchaser shall be responsible for applying for the license transfer and providing a recorded copy of said contract for deed from the St. Louis County Recorder's office. A new license shall be issued for the remainder of the license period;
(4) If there is a change in managing agent, the new managing agent shall notify the Code Official in writing and update the notice in division (G)(2)(a) of this section above within ten days of the change;
(5) The owner shall ensure that all required off street parking spaces, offered during the summer, are kept clear of snow during the winter.
(6) Owners are required to provide a minimum as follows. If a property has more than four bedrooms, one additional parking space for each additional bedroom is required. Each parking space needs to be a minimum of 9 feet wide by 17 feet long.
(a) Parking spaces required for rental licenses:
1 Bedroom... 1 Space
2 Bedroom... 1 Space
3 Bedroom... 2 Spaces
4 Bedroom... 2 Spaces
(b) A Code Official will require the construction of additional parking if they determine there is space on the rental property to provide or construct the required off-street parking space(s) in conformance with the code. If it is determined that adequate off-street parking cannot be provided, the Council shall establish a non-conforming parking spot fee for each required space not provided.
(G) License conditions - short term rentals. In addition to license conditions found in division (F) of this section, all short term rental units are subject to the additional following conditions:
(1) The owner must disclose in writing to their renters the following information:
(a) The managing agent or local contact's name, address, and phone number
(b) The maximum number of guests allowed at the property.
(c) The maximum number of vehicles, recreational vehicles, and trailers allowed at the property and where they are to be parked.
(d) Property rules related to use of exterior features of the property, such as decks, patios, grills, recreational fires, pools, hot tubs, saunas and other outdoor recreational facilities
(e) Applicable sections of city ordinances governing noise, parks, parking and pets.
(2) Additional occupancy by use of recreational vehicles, tents, accessory structures or fish houses is not permitted.
(3) The owner or owners agent shall provide a physical visual demarcation of the property lines.
(4) The license holder shall keep a report; detailing use of the short term rental by recording the full name, address, phone number and vehicle license number of guests using the rental. A copy of the report shall be provided to the Planning Department upon request.
(5) In-unit posting. The following information shall be posted in a conspicuous place within the short term rental:
(a) Name and contact information for the resident agent in charge of monitoring the property while renters are present.
(b) Street address of the subject property.
(c) Floor plan indicating fire exits and escape routes.
(H) Inspection procedure.
(1) All premises licensed pursuant to this section shall be made available for inspection by the Code Official at any reasonable time whether the request for inspection is in conjunction with the licensing of the rental unit or the result of a complaint. In addition, the Code Official may require the licensee to produce records and information demonstrating that the rental unit complies with any applicable licensee duties or mandatory rental agreement terms described in § 10.40(C). Licensee shall retain all applicable records for the occupant during the term of occupancy, and for one calendar year thereafter.
(2) If during the inspection or other investigation, violations of the provisions of this section, or other applicable provisions of this code are identified, or the licensee fails to produce records or information as requested by the Code Official, written notice shall be mailed to the licensee at the notification address on file with the Code Official. The notice shall identify all violations identified and establish a reasonable time, not to exceed 180 days, in which all violations must be corrected or the rental unit vacated. At the end of the correction time, the rental unit shall be re-inspected. If the rental unit is not vacated or the violations are not corrected, the Code Official may take any of the following actions:
(a) Provide for an additional correction period. In no case may the total amount of correction time provided by the initial period and any additional period exceed 180 days;
(b) Revoke the license and order the vacation of the rental unit of all persons and property. The Code Official shall provide a reasonable time for vacation which shall not exceed 30 days;
(3) If the Code Official revokes a license; written notice shall be mailed to the licensee at the notification address on file with the Code Official and posted in a conspicuous place at the rental unit.
(I) Violations, enforcement and penalties.
(1) Violations. It shall be a violation of this section, and a public nuisance, to do any of the following:
(a) Allow tenant occupancy in any portion of an unlicensed rental unit;
(b) Allow tenant occupancy in any unlicensed portion of a licensed rental unit;
(c) Refuse entry to an inspection official where such entry is allowed pursuant to division (C) of this section;
(d) Fail to comply with any final order of the Code Official;
(e) Advertisement by a property owner or owner's representative of any dwelling or rental unit or any portion thereof as available for rent that is not licensed for rental at the time the advertisement is made. For purposes of this section, advertisement includes, but is not limited to, oral or written notice, such as a poster or a paid announcement in the print, broadcast, or electronic media, designed to attract public attention or patronage;
(f) Advertisement by a property owner or owner's representative of any dwelling or rental unit or any portion thereof as available for rent without the rental application license number for the rental unit appearing in the advertisement. For purposes of this section, advertisement includes, but is not limited to, oral or written notice, such as a poster or a paid announcement in the print, broadcast, or electronic media, designed to attract public attention or patronage;
(g) Failure to comply with City Code Ch. 17.
(2) Continuing violations. Each day that a violation occurs or remains uncorrected after the final order of the Code Official shall constitute a separate violation.
(3) Enforcement. The city has the following enforcement powers:
(a) The city may issue an administrative citation pursuant to § 10.37(K) of the City Code;
(b) The city may pursue any other civil action in law or equity in any court of competent jurisdiction, including without limitation a request for a declaratory judgment, restraining order or a temporary or permanent injunction;
(c) The city may revoke a rental license and issue an order for vacation of the premises;
(4) Penalties. The owner of any property where a violation of this section occurs, and any person violating this section, shall be guilty of a misdemeanor, as provided in § 10.37(K) of the City Code.
(Ord. passed 4-11-2023)
(A) Statement of purpose; scope. It is the purpose of this section to protect and promote the general health, safety and welfare of the citizens of Virginia by providing tenants an effective remedy against loss of heat, water, electricity, gas, security or basic fire and life safety. This section shall apply to all units enumerated in § 10.40(B) which are rented or held out for rent to another.
(B) Emergency conditions, loss of heat, water, electricity, etc.
(1) If, contrary to the rental agreement, the landlord fails to provide heat as required by Virginia Property Maintenance and Preservation Code, adopted by division (A) above, running hot and cold water, electricity, gas or operable toilet or bathing facilities as required by law, the tenant may immediately notify the landlord and the Building Official, either orally or in writing, of the condition. The Building Official shall, as soon as possible thereafter, inspect the premises to ascertain whether such violation exists. If the Building Official finds the violation to exist, the Building Official shall immediately notify the landlord orally of the condition and cause written notice of the violation to be sent. If the landlord has not remedied the situation within 24 hours after receiving notice of the deficiency from the Building Official, the tenant may then correct the deficiency by paying a utility bill or causing the necessary repairs or corrections to be made, and may then deduct the amount of money actually used to correct the deficiency from future rent. All repairs made shall be made in conformance with applicable codes by persons who are licensed and permitted to perform the required work. In cases involving major repair or replacement of a heating plant, electric service, water service or sewer, where the apparent cost of the work exceeds $500, the landlord shall have the right to approve the method of repair and to choose the contractor if, and only if, the landlord supplies temporary heat, water or electricity to the dwelling unit in accordance with this chapter and if a written repair contract is signed within seven days after notice is given by the Building Official;
(2) If the landlord fails to provide deadbolt locks or smoke alarms as required by law, the tenant may notify the landlord and the building official in accordance with division (B)(1) above and the Building Official shall inspect and notify the landlord of violations in accordance with said subsection. If the landlord fails to provide required deadbolt locks or smoke alarms within five days after receiving notice from the Building Official, the tenant may cause the corrections to be made and deduct the cost of such collections from the rent as provided in said division (B)(1) of this section.
(Ord. passed 4-11-2023)
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