[Ord. No. 11-1-18, 11-20-2018]
A. 
The intent of the Board of Aldermen in passing this Chapter is to provide a means of protecting the health and safety of persons who occupy residential dwelling units in the City of Lawson. The inspection is not designed to impose any undue hardship on the property owners by causing them to make unnecessary and costly improvements to their respective properties, but rather to provide safe and sanitary dwelling units, particularly rental units, to future residents of our community.
B. 
The inspection will not require that existing dwelling units be brought up to present new construction Building Code standards, rather the inspection will check for health and safety measures and sanitation. Exterior areas will also be inspected to ensure that they are reasonably clear of trash and debris. The inspections will check for serious electrical, plumbing, and structural defects as well as acceptable levels of sanitation. Minor problems, such as worn carpet or floor covering or other minor non-health and safety items, will not constitute a violation.
[Ord. No. 11-1-18, 11-20-2018]
Unless otherwise defined in this Chapter, the following words shall have the following meanings:
LANDLORD
Any person, partnership, or corporation who, singularly or in conjunction with others, rents, or leases, or continues to rent or lease, any residential real property or offers residential property for rent or lease.
UNIT
A self-contained residential home or apartment (or functionally similar structure) whether or not attached to or incorporated into any other structure.
[Ord. No. 11-1-18, 11-20-2018]
A. 
Penalty. No person, including but not limited to a property owner, landlord, agent, builder, developer or other party involved in the provision of rental housing units, shall knowingly allow occupancy of a residential housing unit, or offer such a unit for rent or lease, without a current and valid certificate of inspection pursuant to Section 540.040. Any violation of this Subsection shall be punishable by a fine of two hundred fifty dollars ($250.00) for each and every day that such violation continues to be assessed against and incurred by the offending party.
B. 
Application.
1. 
The provisions of this Section will not apply to any owner-occupied residence.
2. 
Nothing in this Section shall require an inspection.
[Ord. No. 11-1-18, 11-20-2018]
A. 
City staff will issue a certificate of inspection after an inspection has been conducted pursuant to this Section finding no significant defects.
B. 
Certificates of inspection are valid for two (2) years. It is the responsibility of the property owner to schedule inspections. An occupant can request an inspection at any time and if violations are found and not corrected, the current certificate of inspection will be revoked. All residential inspections shall inspect for conformance to minimum housing, building and sanitation standards, including but not limited to interior and exterior conditions and grounds. The inspection shall include, but not be limited to, the following general guidelines:
C. 
Inspection Checklist.
1. 
Unit Interior.
a. 
Electricity, plugs and/or overhead light in each room; GFIs within six (6) feet of sinks.
b. 
Electrical hazards visible, i.e., switch and plug covers.
c. 
Security, windows, locks on first floor, locks on doors.
d. 
Window condition: no broken windows, screens on windows.
e. 
Ceiling and wall condition: no holes or sagging plaster.
f. 
Floor condition: no tripping hazards, carpet reasonably clean.
g. 
Interior paint: no peeling paint, lead free if there are to be children living in the unit.
h. 
Kitchen stove or range: all burners and oven must light from pilot.
i. 
Sink: faucets must work and sink must drain.
j. 
Bathroom: no leaks at toilet; must have window or exhaust fan.
k. 
Bedroom: must have door for privacy, at least one (1) window, at least five and seven tenths (5.7) square feet; wall plugs and light.
2. 
Building Exterior.
a. 
Condition of foundation: no major cracks.
b. 
Condition of stairs, rails and porches: must have handrail if three (3) or more steps.
c. 
Roof should not leak.
d. 
Exterior paint should not be peeling.
e. 
Yard conditions: must be free of debris, trash and junk, including furniture, appliances and abandoned vehicles, grass and weeds under eight (8) inches in height.
3. 
Heating And Plumbing.
a. 
Water heater must have discharge line to within six (6) inches of floor on pop-off valve.
b. 
Unit should have adequate heating equipment that is in good working order.
c. 
Hot water required.
4. 
General Health And Safety.
a. 
Units should have adequate exits.
b. 
Units should be free of infestation of insects and rodents.
c. 
Hall must be lighted.
d. 
All windows that are designed to be opened should have screens.
D. 
A certificate of inspection is personal to the property owner and is void when the property owner no longer owns the property. A current certificate of inspection must be in place prior to any new occupancy of a vacated unit. Any rental unit for which there has not been a certificate of inspection issued within the past twenty-five (25) months will be presumed to be in violation of this Chapter; provided, however, that the owner of the property, or the owner's agent, may rebut this presumption by showing continuing and uninterrupted occupancy by the same tenant(s) since the last certificate was issued.
[Ord. No. 11-1-18, 11-20-2018]
A. 
Registration Required.
1. 
No person shall rent, lease or offer to rent or lease, any residential rental property located within the City, unless prior to doing so that person has registered as a landlord.
2. 
In the event any landlord acquires additional residential rental property, or any person becomes the owner of residential rental property, they shall register the additional property within thirty (30) days of acquiring title.
3. 
The owner of any unit as defined in this Chapter shall register as landlord annually with the City. It shall be a violation of this Code for any person or entity to fail to register as landlord of a unit regulated by this Chapter.
4. 
All registrations issued under this Chapter shall expire on December 31 of each year and shall be subject to renewal annually. Application for renewal of registration in any year will be accepted beginning January 1 and may be made without penalty through January 31.
B. 
Registration Process.
1. 
There shall be no fee for the landlord to register.
2. 
The landlord shall fill out a registration form prepared by the City which indicates:
a. 
All of the residential rental property owned by the common name of the property, if any, and the exact street address of each dwelling to be registered, including unit number and total number units in each dwelling.
b. 
The legal names of all owners of the property.
c. 
The complete mailing address of all owners.
d. 
Telephone numbers of each owner, including cell phone and mobile phone numbers.
e. 
Date of birth of all owners.
f. 
If the property is owned by a corporation, limited-liability company, partnership, limited partnership, trust or real estate investment trust, the name, address and phone number of the any of the following shall be provided:
(1) 
For a corporation, a corporate officer and the chief operating officer.
(2) 
For a partnership, the managing partner.
(3) 
For a limited-liability company, the managing or administrative member.
(4) 
For a limited partnership, a general partner.
(5) 
For a trust, a trustee.
(6) 
For a real estate investment trust, a general partner or an officer.
g. 
The full name, address, telephone number (where said person can be reached at all times), and email address of a local agent or representative authorized by the owner to handle the affairs of the property. The local agent or representative shall be an individual over the age of eighteen (18) years. For the purpose of this Subsection, "local" shall mean a person who resides within the City or within fifty (50) miles of the City limits and may be one of the owners. If the local representative is not an owner, the owners shall certify that the local representative is authorized to act on the owner's behalf.
C. 
The City Administrator will make the contact information for the owner or local agent of a rental property available to all public safety organizations.
D. 
Penalty For Failure To Register. Any person who fails to register, or renew a registration, within thirty (30) days of being required to do so, for one (1) or more properties, shall be guilty of an ordinance violation and shall be fined not less than twenty-five dollars ($25.00) per day. Each subsequent day shall be considered a separate violation. Prior to charging any person with violating this Section, the City Prosecutor, City Administrator or his/her designee shall notify the accused of the violation and give the accused ten (10) days to register, if the accused shall register within the said ten (10) days then this shall be a complete defense to the charge.
[Ord. No. 11-1-18, 11-20-2018]
The City Administrator shall promulgate such forms as may be necessary to effectuate the terms of this Chapter.
[Ord. No. 11-1-18, 11-20-2018]
No property shall be inspected as required by this Chapter until the applicant for the inspection has paid a fee of twenty dollars ($20.00).
[Ord. No. 11-1-18, 11-20-2018]
Any person aggrieved of any decision made pursuant to this Chapter may appeal such decision to the Board of Adjustment by filing a request to do so in writing with the City Clerk within fifteen (15) days of the date of the decision appealed.