[Adopted 6-21-2004 by Ord. No. 04-01]
[Added 3-18-2013 by Ord. No. 13-03]
Tenants of a rental dwelling, all members of the tenant's
household, any guest or other person associated with the tenant shall
not engage in criminal activity on the leased premises or within 500
feet of the lot on which the rental dwelling is situated. For the
purposes of this article, "criminal activity" means any crime classified
by applicable law as a felony or a class A misdemeanor in addition
to the following offenses: noise violations, drug offenses, offensive
touching, menacing, vehicular assault, sexual harassment, indecent
exposure, graffiti, criminal mischief, trespassing, criminal trespassing,
crime against a vulnerable adult, unlawfully dealing with a child,
disorderly conduct, malicious interference with emergency communications,
public intoxication, loitering, criminal nuisance, obstructing of
public passage, lewdness, prostitution, patronizing a prostitute,
unlawfully dealing with a dangerous weapon, or unlawfully dealing
with a switchblade knife.
[Amended 3-18-2013 by Ord. No. 13-03]
A. The City Manager, and/or his/her designee, shall, unless specifically
provided otherwise, supervise the enforcement of this article and
have authority to grant, deny or revoke licenses.
B. The following actions may be grounds for suspension of the rental
license in accordance with this article:
(1) The failure of the property owner to initiate and prosecute with
effect eviction proceedings following notification by the City that
the terms of the crime-free housing lease addendum have been violated;
or
(2) The failure of the property owner and/or property manager to attend
the required crime free housing seminar.
The City Manager and/or his/her designee shall:
A. Collect all license fees, issue licenses and maintain
all license records in the name of the City to all qualified persons.
B. Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this article.
C. Adopt all forms and prescribe the information to be
given therein as to character and other relevant matter for all necessary
papers.
D. Require applicants to submit all affidavits and oaths
necessary to the administration of this article.
E. Submit all applications, in a proper case, to interested
City officials for their endorsements thereon as to compliance by
the applicant with all City articles which they have the duty of enforcing.
F. Investigate and determine the eligibility of any applicant
for a license pursuant to this article, if required.
G. Notify any applicant of the acceptance or rejection
of his/her application and, upon the refusal of any license or permit
and at the applicant's request, state in writing the reasons therefor
and deliver them to the applicant.
H. Keep all information furnished or secured under the
authority of this article in strict confidence. The information shall
not be subject to public inspection and shall be kept so that its
contents shall not become known except to the persons charged with
the administration of this article.
Whenever a license cannot be issued at the time
the application for it is made, the City Manager and/or his/her designee
shall issue a receipt to the applicant for the money paid in advance.
The receipt shall not be construed as the approval of the City Manager
and/or his/her designee for the issuance of a license, nor shall it
entitle or authorize the applicant to rent or offer to rent any apartment,
house, or other dwelling unit contrary to the provisions of this article.
[Amended 11-19-2012 by Ord. No. 12-25]
A. Upon proper application, payment of the prescribed fee, and satisfactory
rental unit inspection, a license shall be issued to each such applicant,
signed by the City Manager and/or his/her designee. Each such license
shall be valid and effective from the first day of January of each
year, or the date of issuance, to the last day of December of the
same year. A record of all licenses issued and licensee fees paid
shall be maintained at the City Hall.
[Amended 6-2-2014 by Ord. No. 14-11]
B. Each such license shall be upon a form provided by
the City Manager, and/or his/her designee, which shall set forth the
following information:
(1) The name and business address of the licensee;
(2) The date of issuance of the license;
(3) The amount of the license fee paid to the City.
[Amended 6-2-2014 by Ord. No. 14-11]
If the license fee is not paid within 30 days of being due, the owner shall be in violation of this chapter. If the inspection is not scheduled to be completed within 90 days of submitting an application for a rental license, the owner shall be in violation of this chapter. The owner shall be assessed a fine as set forth in Chapter
180, Municipal Fees, for each month the rental property remains occupied by a tenant without a license.
A license shall be obtained in the manner prescribed
in this article for each apartment, house, or other dwelling unit.
[Amended 12-15-2008 by Ord. No. 08-07]
A duplicate license or special permit shall be issued by the City Manager and/or his/her designee to replace any license previously issued which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to that fact and payment to the City Manager of a fee as set forth in Chapter
180, Municipal Fees.
The individuals composing any partnership, firm
or association and the president and directors of any corporation,
and each of them, shall be personally liable for the license fees
herein prescribed for such partnership, firm, association or corporation
and subject to prosecution for the renting or offering to rent of
any apartment, house, or other dwelling unit by such partnership,
firm, association or corporation in the City without the license herein
required.
Each license granted under this article shall
be for the sole use and benefit of the person to whom it is issued
and shall not be transferable. In case of the death of any individual
licensee, his/her personal representative shall succeed to all rights
thereunder until the expiration of the license.
Every person holding a license issued pursuant
hereto shall expose such license in a conspicuous manner in the principal
office of his/her place of business.
Every licensee under this article shall:
A. Ascertain and at all times comply with all laws and
regulations applicable to the licensed business.
B. Avoid all forbidden, improper, or other practices
or conditions which do or may affect the public health, morals or
welfare. Comply with all property maintenance, zoning, and other codes.
[Amended 11-19-2012 by Ord. No. 12-25]
C. Refrain from renting or offering to rent any apartment,
house, or other dwelling unit after expiration of his/her license
and during the period his/her license is revoked or suspended.