[HISTORY: Adopted by the City Council of the City of Walhalla 9-16-2014 by Ord. No. 2014-12. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any building containing two or more single-family dwelling
units having one water connection for all dwelling units.
The City's ordinance.
Any improved property containing a structure which meets
any one of the classifications in the definitions of "apartment,"
"business" and "commercial" of this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any building used by the occupant for amusement, entertainment,
service, professional, retail trade or any other similar purposes
except as defined under "commercial" and "institution."
A vehicle without motor power designed to be towed by a motor
vehicle, and of such size and weight as not to require a special highway
moving permit, designed to provide temporary living quarters for recreational,
camping and travel use, and designed not to require permanent on-site
utilities, including, but not limited to, tent campers, park models,
park trailers, motor homes and fifth wheels. This term may include
any vehicle whose body width is less than eight feet, and whose length
is not more than 35 feet in the travel mode, and so designed that
part of its weight rests on the towing vehicle.
The City of Walhalla, its elected officials and appointed
authorized representatives.
Any hotel, motel, lodge, tourist home, efficiency apartments,
houses or similar building operated primarily as a commercial enterprise
for the purpose of rental and lodging on a daily or weekly basis.
For determination of rates, each room or series of rooms made available
to the general public as a separate entity for overnight accommodation
shall be classified as a rental unit.
Any responsible person who makes application to the City
for water service.
A customer who has an active account(s) and has not violated
the water use ordinance at any time,[1] and has not been cut off for nonpayment for any monthly
bill within one year, at time of application for a new service.
Any building used as a hospital, church, school or similar
public facility.
Meter serving more than one unit.
Any building containing two or more single-family dwelling
units and having individual water connections to each dwelling unit.
Any person who occupies a rental property, whether as a tenant
or permittee of the owner.
A single individual, partnership or joint venture, or any
entity that has any kind of ownership interest in a rental property,
whether as an individual, partner, joint venture, stock owner or ownership
interest in some other capacity, or the owner's designee. If more
than one person or an entity owns the subject real property, "owner"
or "property owner" refers to each person or entity holding any kind
of ownership interest in the property, and the property owners' obligations
in this chapter are joint and several as to each property owner.
Any individual, firm, company, association, corporation,
institution or group.
Any and all real property that is rented or leased by one
group or person from any other group or person for the purpose of
living space, commercial or industrial use. All rental properties
inside the City limits must be inspected by the Fire Department prior
to obtaining services.
Any building, house or apartment unit occupied for living
purposes by a single family and owned or leased by the occupant on
a continuing basis for 30 days or more per year.
One or more building containing two or more single-family
units owned individually and provided with, or adjacent to, public
streets or roads and having one water connection for each unit.
The rental property inspection program is a part of the City
of Walhalla's overall effort to encourage upkeep of all rental property
as defined herein. Owners of any rental property will be required
to maintain these units in accordance with all applicable laws.
A.
The provisions of this chapter shall apply to all rental property,
as that term is defined herein, within the City. This chapter also
applies to the premises on which a rental property is located, including
but not limited to parking lots, driveways, landscaping, accessory
structures, fences, walls, swimming pools, hot tubs and spas.
B.
The provisions of this chapter are supplementary and complementary
to other provisions of this Code and applicable laws. Nothing in this
chapter may be construed to limit any existing right of the City to
abate nuisances or to enforce any provisions of applicable law, statute
or this Code, including provisions of uniform codes adopted by reference
in this Code.
For the purpose of this chapter, if the water bill for a property
is in a different name than that of the property owner or if the water
bill is in the owner of record's name, but is mailed to an address
other than the property address, it shall be a rebuttable presumption
that the property is a rental property. This presumption can be rebutted
by the owner of record providing reasonable documentation to the City
that the property is owner-occupied or is not being used for rental
income.
A.
Each water customer shall make application to the City for service
by completing the standard contract of the City. In addition, proof
of ownership (deed), or a copy of a rental agreement, and a photo
ID will be required to establish service. Contracts must be completed
in person; no exceptions. Rental units inside City limits must pass
an inspection prior to establishing service.
B.
All rental property located in the City shall be subject to an annual
inspection by the Fire Department or Code Enforcement Officer for
compliance with applicable laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
All businesses and institutions located in the City, whether rental
property or owner-occupied, shall be subject to an annual inspection
by the Fire Marshal for compliance with applicable laws or codes by
reference.
A.
One or more reinspections will be conducted by the Code Enforcement
Officer or Fire Marshal to verity that the deficiencies noted during
the annual inspection have been corrected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Violations that were not noted on the initial inspection report,
but are discovered on the reinspection due to subsequent damage or
deterioration, shall be subject to correction.
A.
Well-maintained rental property with no outstanding violations of
any applicable laws may quality to participate in the self-certification
program. Qualifying properties will not be subject to inspection for
a period of three years, provided that conditions of the rental property
do not deteriorate during that time to the point where the rental
property would no longer meet eligibility standards for the self-certification
program.
B.
To qualify for the self-certification program a property owner must:
(1)
Complete the self-certification program application packet provided
by the City.
(2)
Conduct a self-inspection of all exterior and site conditions of
all rental property, and certify that conditions at the rental property
meet the exterior standards listed on the self-certification program's
checklist.
(3)
Ensure that smoke detectors are present and operational.
C.
Upon receipt of a request from a property owner to participate in
the self-certification program, the City may inspect the rental property.
If the Code Enforcement Officer determines that the property is qualified
to participate in the self-certification program, a certificate of
compliance will be issued to the property owner. Recertification in
the self-certification program shall be required every three years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
If the Code Enforcement Officer determines that the property is not
eligible to participate in the self-certification program, then the
residential rental property shall be subject to annual inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
At all times, the City shall retain the authority to investigate
and address any violation of applicable laws.
F.
Any owner that fails to maintain a rental property to meet all of
the standards listed on the self-certification program's checklist
shall immediately be removed from the self-certification program and
become subject to annual inspections.
Nothing contained in this chapter shall prevent or restrict
the City's authority to inspect any rental property in response to
a complaint alleging code violations or violations of applicable laws
and to pursue all remedies permissible under this chapter or applicable
laws.
Nothing contained in this chapter shall be construed to prohibit
a property owner or occupant from voluntarily requesting an inspection
pursuant to this chapter to determine whether the rental property
complies with applicable laws.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be considered a public nuisance to have or maintain
any rental properties that fail to comply with any applicable laws.
The Code Enforcement Officer shall have the power to require correction
of violations identified through the annual inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Whenever the Code Enforcement Officer determines that a violation
of this chapter exists, the Code Enforcement Officer shall give notice
of violation and an order to correct to the property owner. The notice
shall be in writing and shall describe with reasonable detail the
violation(s) so that the property owner has the opportunity to correct
said violation.
B.
Any person who fails to comply with any provisions of this chapter
after receiving written notice of the violation(s) and being given
a reasonable opportunity to correct such violation(s) shall be deemed
to be in violation of this chapter.
C.
Any owner of a rental property who fails to permit the annual inspection
by the Code Enforcement Officer pursuant to this chapter shall be
in violation of this chapter.
D.
Any person violating the provisions of this chapter shall be fined
or imprisoned within the discretion of the Municipal Court of the
City of Walhalla.
The certain documents, which are on file at the City Hall of
the City of Walhalla, being marked and designated as the following,
shall be referred to, adopted and made a part hereof, as if fully
set out in this chapter, with additions, insertions, deletions and
changes:
A.
The City of Walhalla Code Enforcement Officer shall certify to the
adoption of this chapter, and cause the same to be published as required
by law; and this chapter shall take effect and be in force from and
after its approval as required by law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The City of Walhalla, through its duly qualified officers, reserves
the right to take such immediate action for emergencies not specifically
covered herein, as they may deem necessary in the interest of public
health and safety; and further reserves the right to amend this chapter,
in part or in whole, whenever it may deem necessary, but such right
will be exercised only in the manner established or prescribed for
such matters, including, but not limited to, public notice prior to
final action.
