(a) Every person applying for a Group I-1 through Group R-4 license under this article shall supply such information as the Department requires and shall pay an annual license fee as established by resolution of Council, on or before January 31st of the year for which it is issued or the annual license fee shall be increased in accordance with the following schedule:
Date | Fee increase |
February 1 - 5 | 10 percent additional charge |
February 6-10 | 25 percent additional charge |
February 11 – March 1 | 50 percent additional charge |
After March 1 | 100 percent additional charge |
(b) Every person applying for a Group R-5 license under this article shall supply the following information with the application.
(1) An approval from the college, university or similar institution of higher learning and other such information as the Department requires.
(2) A list of tenants. This list shall be updated within ten (10) days of a change of tenant.
(3) Other such information that the Department deems necessary.
(c) Every person applying for a Group R-5 license under this article shall pay an annual license and inspection fee as established by resolution of Council, on or before August 1st of each year or the annual license and inspection fee shall be increased in accordance with the following schedule:
Group R-5 | |
Date | Fee Increase |
September 1 - 5 | 10 percent additional charge |
September 6 - 10 | 25 percent additional charge |
September 11 - October 1 | 50 percent additional charge |
After October 1 | 100 percent additional charge |
(d) An inspection fee established by resolution of Council shall also be charged. However, where the owner occupies a unit therein, a license fee and inspection fee need not be paid on the unit during such occupancy. The Department shall inspect all Group I Occupancies and all tenant occupied Group R Occupancies according to the following schedule to determine that no violations of the City’s Fire Prevention or Property Maintenance Codes are in existence. The inspection shall include all units in the property.
Classification | Inspection frequency |
Classification | Inspection frequency |
Group I-1 | 24 months |
Group I-2 | 24 months |
Group I-3 | 24 months |
Group I-4 | 24 months |
Group R-1 | 24 months |
Group R-2 | 24 months |
Group R-3 | 24 months |
Group R-4 | 24 months |
Group R-5 | 12 months |
(e) Upon the receipt of an application and fee for a license, the Department shall conduct an inspection of the occupancy. If it is determined to be in compliance with the Property Maintenance Code, Fire Prevention Code and with this article, the Department shall issue the license.
(f) If the Department finds violations of the Property Maintenance Code or Fire Prevention Code, the Department shall issue a notice of violation. Upon compliance with the codes, the Department shall issue the license.
(g) Licenses shall be maintained on the premises at all times and shall be readily available for inspection by the Department. Those who sign a lease for a licensed property shall receive a copy of the license with the signed lease.
(h) Every license granted hereunder shall terminate on the last day of the calendar year in which it was issued, unless sooner revoked. Exception: Licenses for Group R-5 shall terminate on the last day of July each year unless sooner revoked.
(i) No license required by this section shall be transferable unless the new owner or operator gives written notice to the Department within ten days after the transfer in any manner of ownership or control of the interest in such a facility. Such notice shall include the name and address of the person succeeding the ownership or control.
(j) Licenses issued under this article shall be revoked for noncompliance with the Property Maintenance Code or Fire Prevention Codes. When the Department determines that violations exist, the owner or operator shall be issued a notice of violation with a scheduled date for re-inspection. Upon re-inspection, if the violations have not been corrected and no appeal is pending, the Department shall revoke the license and shall notify the owner or operator in writing of the revocation.
(k) Any person whose license has been revoked or whose application for a license to operate has been denied may appeal to the Construction Board of Adjustment and Appeals as is otherwise provided by ordinance of the City.
(l) The Department shall immediately revoke the license of any property that it determines constitutes an unsafe structure or structure unfit for human occupancy as defined by this article. A notice of violation shall be issued to the owner or operator within 48 hours. The notice shall list the unsafe condition(s), applicable code section(s) and shall contain a correction order with a date for re-inspection. The notice may be hand delivered directly to the owner or his agent or sent to either via certified mail, return receipt requested. The City shall take any and all other action as allowed by law to bring the property into compliance.
(m) The Department of Economic and Community Development is authorized and directed to make inspections at any reasonable hour to determine compliance with this article and with the Fire Prevention and Property Maintenance Codes. For this purpose, the Department, its officers or designees are authorized to enter and examine any building, structure, yard or part of either and every owner, operator or occupant shall allow the Department, its officers or designees free access. Inspection may be postponed by the Department due to illness of one or more occupants of the premises or other emergency.
(n) Every occupant of a Group I Occupancy or Group R Occupancy regulated by this article shall grant to the owner or operator thereof or his agent or employee or any person with whom the Department has contracted under Section 1761.05 free access at all reasonable times for the purpose of making repairs or alterations to affect compliance with this article and with the Building, Fire Prevention and Property Maintenance Codes and with any notice or order issued there under.
(o) Whenever the owner, mortgagee, purchaser or other interested party requests a special inspection of a property regulated by this article, or certification that a property is in compliance with this article or other applicable City ordinances pertaining to structural condition; when such a request is being made in connection with the sale, conveyance, transfer, financing or refinancing of such property; then such person shall first pay a fee to the City to defray the expenses of making such inspection. The fee shall be established by resolution of Council.
(p) Annual Inspection Program. The Department shall establish an inspection process known as the “Annual Inspection Program” for Group I and Group R occupancies that have a history of violations under this article or the Building, Fire Prevention and/or Property Maintenance Codes. The Department shall establish specific regulations for the Director of Economic and Community Development and/or his designee to determine which properties shall be included in the annual inspection program. The Department shall provide the regulations and any amendments thereof to Council, which shall either approve or deny the regulations. The regulations and any amendments thereof take effect upon Council approval.
(Ord. 24-2014. Passed 10-21-14.)