[Ord. No. 06-03, 4-25-2006]
The City Council finds that residential rental housing, when
not subject to periodic inspections to ensure compliance with applicable
building maintenance regulations, may become unsafe, a public nuisance,
and unfit for human habitation. The decline in the condition of residential
rental housing can lead to a decline in neighborhood quality of life,
neighborhood appearance, and the value of real estate. The purpose
of this article is to protect the life, safety and health of residential
rental housing tenants, and to preserve neighborhoods in which residential
rental housing is located.
[Ord. No. 06-03, 4-25-2006]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Virginia Uniform Statewide Building Code.
Includes items that violate fire safety; lack of or poor
condition of sanitary facilities; absence of adequate heating systems
or equipment; items which affect the safe operation of electrical
and mechanical systems; items which affect structural integrity of
the building and/or the ability of the building envelope to keep out
weather, or one or more other conditions that if not corrected would
be reasonably expected to become conditions that affect the safe,
decent and sanitary living conditions of the occupants.
A rental housing inspection district designated by the City
Council pursuant to this article.
A building or structure or part thereof that is used for
a home or residence by one or more persons who maintain a household.
The term "dwelling unit" shall not include hospitals, nursing homes,
convalescent homes or similar facilities providing medical care to
the aged, infirm or disabled. The term "dwelling unit" shall not include
a motel, roominghouse, or other accommodation used for transient occupancy.
Any structure, consisting of 10 or more dwelling units on
a single lot. A multiple-family development, commonly known as an
apartment house, generally has a common outside entrance for all the
dwelling units. The term shall not include mobile homes in a mobile
home park or subdivision; nor shall such term include single-family
detached dwellings, duplex dwellings, or townhouse dwellings under
common ownership.
The person shown on the current real estate assessment books
or current real estate assessment records.
A dwelling unit that is leased or rented to one or more tenants
month to month or for any period in excess of 30 days including, but
not limited to, condominiums, manufactured or mobile homes, single-family
detached dwellings, duplex dwellings, townhouse dwellings or multifamily
dwellings (which shall include efficiency apartments and condominiums).
However, a dwelling unit occupied in part by the owner thereof shall
not be construed to be a residential rental dwelling unit unless a
tenant occupies a part of the dwelling unit which has its own cooking
and sleeping areas, and a bathroom, unless otherwise provided in the
zoning ordinance by the local governing body. The term includes units
within designated districts and individual units designated by City
Council lying outside districts.
[Ord. No. 06-03, 4-25-2006]
A.
In order to establish or enlarge a rental inspection district, the
City Council shall make the following findings with respect to the
district:
(1)
There is a need to protect the public health, safety and welfare
of the occupants of dwelling units inside the designated rental inspection
districts;
(2)
The residential rental dwelling units within the designated rental
inspection districts are either:
(3)
The inspection of residential rental dwelling units inside the rental
inspection districts is necessary to maintain safe, decent and sanitary
living conditions for tenants and other residents living in the rental
inspection districts.
B.
In order to make an individual residential rental dwelling unit outside
of a designated rental inspection district subject to this article,
City Council shall make a separate finding with respect to each individual
residential rental dwelling unit that:
(1)
There is a need to protect the public health, welfare and safety
of the occupants of that individual residential rental dwelling unit;
(2)
The individual residential rental dwelling unit is either blighted
or in the process of deteriorating; or
(3)
There is evidence of violations of the building code that affect
the safe, decent and sanitary living conditions for tenants living
in such individual residential rental dwelling unit.
[Ord. No. 06-03, 4-25-2006]
City Council shall establish or amend a rental inspection district
by ordinance. City Council shall hold a public hearing on the proposed
ordinance prior to its adoption. Notice of the hearing shall be published
once a week for two successive weeks in a newspaper published or having
general circulation in the City.
[Ord. No. 06-03, 4-25-2006; Ord. No. 10-28, 9-14-2010]
Based upon the findings of City Council as set forth in § 18-503 above, the following areas are included and hereby declared to be rental inspection districts which are subject to the requirements of this article:
A.
The College Heights/College Terrace Rental Inspection District as depicted on the map attached hereto and labeled "College Heights/College Terrace Rental Inspection District." The implementation of the rental housing inspection program in this district is suspended beginning July 1, 2010, until funding for the program is restored. This suspension of duties includes without limitation the notice requirements of § 18-509, the inspections of property pursuant to § 18-510, and the issuance of certificates of compliance and periodic reinspections pursuant to § 18-513.
[Ord. No. 06-03, 4-25-2006]
Based upon the findings of City Council as set forth in § 18-503 above, the following individual residential rental dwelling units are made subject to the provisions of this article.
[Ord. No. 06-03, 4-25-2006]
A.
No owner himself or by or through an agent shall rent or offer to
rent, or permit a new tenant or tenants to occupy a residential rental
dwelling unit within a rental inspection district or a designated
individual residential rental dwelling outside a district without
a valid certificate of exemption or a certificate of compliance issued
by the Building Maintenance Official.
B.
This requirement shall become effective on the first day of the month
following the two-year anniversary of the establishment of a rental
inspection district. It shall become effective on the first day of
the month following the six-month anniversary of the designation of
an individual residential rental dwelling unit outside a district.
[Ord. No. 06-03, 4-25-2006]
Upon designation of a rental inspection district by the City
Council, the Building Maintenance Official shall give written notice
by personal delivery or first class U.S. mail to all property owners
located within the district of the requirement to notify the Building
Maintenance Official of any real property of the owner located within
the district that is a residential rental dwelling unit. The notice
shall contain a plain language explanation of the requirements of
this article. The mailing of said notice by the Building Maintenance
Official shall be deemed sufficient notice for purposes of this article.
[Ord. No. 06-03, 4-25-2006]
A.
Within 60 days of the designation of a district, the owner of any
residential rental dwelling unit subject to this article shall notify
the Building Maintenance Official in writing if the dwelling unit
is used for residential rental purposes.
B.
Thereafter, any owner of a dwelling unit in a rental inspection district
shall notify the Building Maintenance Official in writing when a dwelling
unit begins to be used for residential rental purposes at least 60
days prior to the commencement of the use.
C.
Within 30 days of the transfer of ownership of a residential rental
dwelling unit within a district, the new owner shall notify the Building
Maintenance Official in writing of his ownership of the unit.
D.
Such notice shall be submitted on a form provided by the Building
Maintenance Official and shall contain the following information:
The address and a brief description of the rental dwelling unit; the
name, street address and telephone number of the owner of the property;
the name, street address and telephone number of the managing agent,
if any.
[Ord. No. 06-03, 4-25-2006]
A.
The Building Maintenance Official shall cause an initial inspection
to be made of each residential rental dwelling unit located within
a rental inspection district within two years of the designation of
the district for compliance with the provisions of the building code
that affect the safe, decent and sanitary living conditions for the
tenants of such property. The Building Maintenance Official is hereby
authorized to establish schedules to accomplish the inspection of
residential rental dwelling units in different areas within the rental
inspection district.
B.
The Building Maintenance Official shall cause an initial inspection
to be made of not less than two and not more than 10% of the residential
rental dwelling units in a multiple-family development. If the Building
Maintenance Official determines upon inspection of the sample that
there are violations of the building code that affect the safe, decent
and sanitary living conditions for the tenants of the development,
he or she may inspect as many residential rental dwelling units as
necessary to enforce the building code.
C.
The Building Maintenance Official shall inspect any individual residential
rental dwelling unit that is outside a district within 90 days of
the date the residential rental dwelling unit is made subject to this
article.
D.
The Building Maintenance Official shall conduct such follow-up inspections
of a residential rental dwelling unit, after the initial or periodic
inspection, as he or she deems necessary, until such time as the residential
rental dwelling unit is brought into compliance with the provisions
of the building code that affect the safe, decent and sanitary living
conditions for the tenants.
E.
For any unit that earns an exemption upon its initial or periodic
inspection, the Building Maintenance Official may conduct such follow-up
inspections as necessary, until such time as the unit complies with
the other provisions of the building code.
[Ord. No. 06-03, 4-25-2006]
A.
For the purpose of enforcing provisions of this division, the Building
Maintenance Official shall have the right to inspect any residential
rental dwelling unit within a district at any reasonable time. No
inspection shall be conducted without the consent of the tenant, occupant,
property owner or managing agent (if the property owner or managing
agent have reserved a right of re-entry in order to inspect the premise)
or pursuant to a duly issued administrative inspection warrant or
as authorized by other lawful means.
B.
In the event the Building Maintenance Official shall be denied access
to a residential rental dwelling unit, he or she may apply for an
administrative inspection warrant in order to gain access to the premises.
C.
It shall be a violation of this division for any owner, managing
agent, tenant, or other person, to deny the Building Maintenance Official
access to any residential rental dwelling unit within a district after
the Building Maintenance Official has obtained an administrative inspection
warrant for such residential rental dwelling unit.
[Ord. No. 06-03, 4-25-2006]
A.
A residential rental dwelling unit shall be exempt from an initial
or periodic inspection under this article for a period of four years
from the date of its certificate of occupancy. The owner of such a
unit shall notify the Building Maintenance Official as required, and
the Building Maintenance Official shall issue the owner a certificate
of exemption, stating the date upon which the exemption expires.
B.
If the Building Maintenance Official determines, upon the initial
or periodic inspection of a residential rental dwelling unit, that
there are no violations of the building code that affect the safe,
decent and sanitary living conditions of the tenants of such unit,
he or she shall provide to the owner a certificate of exemption from
the provisions of this article for a period of four years from the
date of inspection.
C.
If the Building Maintenance Official determines that an exempt unit
is in violation of a provision of the building code affecting the
safe, decent and sanitary living conditions of the tenants during
the exemption period, he or she may revoke the exemption.
[Ord. No. 06-03, 4-25-2006]
The Building Maintenance Official shall issue a certificate
of compliance to any residential rental dwelling unit which passes
inspection upon a follow-up inspection. The Building Maintenance Official
shall periodically re-inspect each such residential rental dwelling
unit subject to this article again on a two-year inspection cycle.
[Ord. No. 06-03, 4-25-2006]
The City Manager shall have the authority to establish fees
for inspections, subject to the approval of the City Council. Such
fees shall be published in the City administrative manual and shall
be available for public inspection at the office of the City Manager
or his designee. All changes to such fees shall be approved by resolution
of the City Council.
[Ord. No. 06-03, 4-25-2006]
The sole penalty for the willful failure of an owner to comply
with the written notification requirement shall be a civil penalty
of $50.
[Ord. No. 06-03, 4-25-2006]
A.
It shall be unlawful for any owner or managing agent to fail to comply
with the requirements contained in this article.
B.
Unless otherwise provided herein, the penalties imposed for a violation
of this article shall be the penalties provided in Code of Virginia,
§ 36-106. Each day such violation continues shall constitute
a separate punishable offense.
C.
If any violation remains uncorrected at the time of conviction, the
court shall order the violator to abate or remedy the violation and
to bring the property into compliance with the building code. Except
as otherwise provided by the court for good cause shown, any such
violator shall abate or remedy the violation within six months of
the date of conviction. Each day during which the violation continues
after the court-ordered abatement period has ended shall constitute
a separate offense.
