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:
Boarding house, rooming house, lodging house or tourist house
means a building arranged or used for the lodging, with or without meals, for compensation, by individuals who are not members of the family.
Dormitory
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.
Dwelling unit
means a single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
Hotel
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.
Multi-family dwelling
means a building or portion thereof containing more than two dwelling units.
Person
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.
Permanent resident
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.
Premises
means a lot, plot or parcel of land including the buildings or structures thereon.
Rental property
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.
Rooming unit
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.
Single-family dwelling
means a building containing one dwelling unit.
Two-family dwelling (duplex)
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)
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)