The city recognizes a need for an organized inspection program
of residential rental units within the city in order to upgrade rental
units to meet city and state life safety, health, fire and zoning
codes within the city and to provide a more efficient system for compelling
both absentee and local landlords to correct violations and to maintain,
in proper condition, rental property within the city. The city recognizes
that the most efficient system to provide for rental inspections is
the creation of a program requiring the registration of all residential
rental units within the city so that orderly inspection schedules
can be made by city officials.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
As used in this article, the following terms shall have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
means a building arranged or used for the lodging, with or
without meals, for compensation, by individuals who are not members
of the family.
means a space in a building where sleeping accommodations
are provided for more than one person not members of the same family
group, in one room.
means a single unit providing complete independent living
facilities for one or more persons including permanent provisions
for living, sleeping, eating, cooking and sanitation.
means a room or rooms in any building or structure kept,
used, maintained, advertised or held out to the public to be an inn,
motel, hotel, apartment hotel, lodging house, boarding house, rooming
house, tourist house, dormitory or place, where sleeping, rooming,
office, conference or exhibition accommodations are furnished for
lease or rent, whether with or without meals.
means a building or portion thereof containing more than
two dwelling units.
means any natural individual, firm, partnership, association,
joint stock company, joint venture, public or private corporation,
or receiver, executor, trustee, conservator or other representative
appointed by order of any court.
means any person who occupies or has the right to occupy
any room or rooms in a hotel or motel for at least thirty (30) consecutive
days.
means a lot, plot or parcel of land including the buildings
or structures thereon.
means a single-family dwelling, two-family dwelling, multi-family
dwelling, dormitory, boarding house, lodging house, tourist house,
rooming unit or combination of any such dwelling units as defined
herein.
means any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not
for cooking or eating purposes.
means a building containing one dwelling unit.
means a building containing two dwelling units.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
(a)
Registration requirements.
No person shall hereafter
occupy, allow to be occupied or let to another person for occupancy
any residential rental property within the city for which a registration
statement has not been properly made and filed with the building inspection
department of the city. Registration shall be made upon forms furnished
by the city for such purpose and shall specifically require the following
minimum information:
(1)
Name, address and phone number of the property owner.
(2)
Name, address and phone number of the designated local property manager
if the property owner lives outside the metropolitan area.
(3)
The street address of the rental property.
(4)
The number and types of units within the rental property (dwelling
units or sleeping rooms).
(5)
The maximum number of occupants permitted for each dwelling unit
or sleeping room.
(6)
The name, phone number and address of the person authorized to make
or order made repairs or services for the property, if in violation
of city or state codes, if the person is different than the owner
or local manager.
(b)
Manner of registering.
The registration must be made
on or before June 1, 2007 and annually thereafter by the property
owner or designated local property manager in the office of the city
secretary.
(c)
Transfer of property.
Every new owner of rental property
(whether as fee owner or contract purchaser) shall be required to
furnish to the building inspection department the new owner's name,
address and phone number and the name, address and phone number of
the owner's designated local manager before taking possession of the
rental property. No registration fee shall be required of the new
owner during the year in which possession takes place provided that
the previous owner has paid all registration fees and has complied
with all requirements of this article and any notices from the city
concerning violations of health, zoning, fire or safety codes of the
city. If any change in the type of occupancy as originally registered
is contemplated by the new owner, a new registration statement will
be required.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
(a)
All
dwellings, boarding houses, rooming houses, lodging houses, and/or
tourist houses that rent to permanent residents and dormitories shall
be inspected systematically for compliance with this article and all
other applicable laws.
(b)
The
provisions of this section shall not apply to:
(1)
Dwellings, buildings, structures and uses owned and operated by any
governmental agency;
(2)
Dwellings, buildings, structures and uses licensed and inspected
by the state;
(3)
Hotels that do not rent to permanent residents;
(4)
Where a nonresidential business or activity, or a state licensed
and inspected use, occupies a portion of a building and premises which
would be otherwise subject to this article, the provisions of this
article shall be applicable to the residential and common or public
areas of such building and premises.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
(a)
All
rental dwellings subject to this article shall be inspected at least
once every two (2) years or upon change of occupancy.
(b)
Neither
the common areas nor the dwelling or rooming units in structures newly
constructed shall be further inspected after the completion and issuance
of a certificate of occupancy for a period of three (3) years from
the date of said certificate, unless a complaint is made thereof.
Thereafter said areas and units shall be inspected in accordance with
the requirements of this article.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
No person shall rent, let or let for occupancy any dwelling
subject to this article without having a valid, current certificate
of occupancy for that dwelling.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
(a)
If,
upon completion of the biennial inspection, the premises are found
to be in compliance with all applicable city codes and ordinances
and the appropriate fee has been paid, the city shall issue a certificate
of occupancy for the premises.
(b)
If,
upon completion of the inspection, the premises are found to be in
violation of one or more provisions of applicable city codes and ordinances,
the city shall provide written notice of such violation and shall
set a reinspection date before which such violation shall be corrected.
If such violation has been corrected within that period, the city
shall issue a certificate of occupancy for the premises. If such violations
have not been corrected within that period, the city shall not issue
the certificate of occupancy and may take any action necessary to
enforce compliance with applicable city codes and ordinances. If such
uncorrected violations do not pose an immediate threat to the health,
safety, and welfare of the occupants, the city administrator or designee
may authorize the occupancy of the premises for a period not to exceed
ninety (90) days.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07; Ordinance adopting
Code)
The owner of any dwelling subject to this article may request
inspections of said dwelling at any time.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
(a)
The
certificates of occupancy issued pursuant to this article shall expire
two (2) years from the date of the biennial inspection.
(b)
The
certificate of occupancy shall have the expiration date prominently
displayed on its face.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
A certificate of occupancy issued pursuant to this article shall
be transferable to succeeding owners; provided that, within five (5)
days of the transfer, the transferor shall provide written notice
of said transfer to the city administrator or designee. Such notice
shall contain the name and address of the succeeding owners. The failure
to provide such notice may result in the suspension or revocation
of the certificate of occupancy.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07; Ordinance adopting
Code)
Upon the request of an existing or prospective tenant, the owner
or the owner's agent shall produce the certificate of occupancy.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
If the city administrator or designee, after a hearing before
the city administrator or designee, determines that any person has
failed to comply with this article or any applicable city code or
ordinance, the city administrator may suspend or revoke the certificate
of occupancy held by that person. Such a hearing shall be held not
less than seven (7) calendar days after notice of the time, place,
and subject of the hearing has been sent to the certificate holder
at the holder's last known address or business address. The city's
representative shall present evidence in support of the suspension
or revocation, and the certificate holder shall be permitted to rebut
such evidence and present any other evidence that is, in the discretion
of the hearing officer, relevant and material. Based upon the evidence
presented at the hearing, the hearing officer shall issue a written
decision. The suspension or revocation of any certificate of occupancy
shall not release or discharge the certificate holder from paying
any fees due to the city, nor shall such certificate holder be released
from prosecution for violating any code or ordinance.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07; Ordinance adopting
Code)
All records, files, and documents pertaining to this article
shall be maintained by the building inspection department and made
available to the public as allowed or required by state law or city
ordinance.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
The provisions of this article shall not apply to hospital units,
nursing units or retirement home units licensed by the state located
within the city, all of which shall be specifically exempt from registration
under this article.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
A fee schedule as established by resolution of the city shall
be charged for compliance with this article.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
Any violation of this article is hereby declared to be a nuisance.
In addition to any other relief provided by this article, the city
attorney may apply to a court of competent jurisdiction for an injunction
to prohibit the continuation of any violation of this article. Such
application for relief may include seeking a temporary restraining
order, temporary injunction and permanent injunction.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
Nothing in this article shall prevent the city from taking action
under any of its city fire, housing, zoning or other health or safety
codes for violations thereof to seek injunctive relief or criminal
prosecution of such violations in accordance with the terms and conditions
of the particular ordinance or code under which the city would proceed
against the property owner, designated property manager or occupant
of any residential rental dwelling unit covered by this article.
(Ordinance 2007-07-122, sec. 1,
adopted 5/15/07)
Any person, firm, or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction in the municipal court of the city shall be punished by a fine in accordance with the general penalty provided in section 1.01.009 of this code for each offense. Every day a violation occurs shall constitute a separate offense.
(Ordinance 2007-07-122, sec. 4,
adopted 5/15/07; Ordinance adopting
Code)
