For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Building.
Any structure having a roof that is built, maintained, or intended for use for the shelter or enclosure of persons, animals, or property of any kind.
Building official.
The officer or other designated authority charged with the administration and enforcement of this article.
Certificate of occupancy.
An official certificate issued by the city through the chief building official which indicates conformance for legal use of the premises for which it is used.
Duplex.
One building designed and/or occupied exclusively by two (2) families living independently of each other.
Dwelling unit.
Any building or portion thereof which is designed or used primarily for residential occupancy, to include permanent provisions for living, sleeping, eating, and/or cooking.
Family.
Any number of individuals living together as a single-housekeeping unit in which not more than two individuals are unrelated by blood, marriage, or adoption. Foster children shall be considered as a related member of the family.
Landlord.
Any owner who leases his/her single-family residence or duplex to a tenant.
Occupancy.
The use or intended use of the land or buildings by proprietors or tenants.
Owner.
A person claiming, or who is vested in the ownership, dominion or title of real property.
Long-term tenant.
A tenant who occupies a rental property for thirty (30) days or longer.
Premises.
A lot, plot or parcel of land, including any structure thereon and furthermore including a dwelling unit, appurtenances thereto, grounds and facilities held out for the use of tenants generally and any other area or facility whose use is promised to the tenant.
Rent.
The offering, holding out or actual leasing of a rental unit to an occupant other than the owner and generally involves the payment of a rental amount or some other form of consideration.
Rental property.
A single-family residence or duplex, or a portion thereof, that is rented or offered for rent as a residence.
Short-term rental.
The rental of any dwelling unit, or a portion thereof, for a period of less than thirty (30) days. The term does not include: (1) a bed and breakfast; or (2) a hotel, as those terms are defined in the Lancaster Development Code, as amended.
Single-family residence.
A building designed for and/or occupied by one (1) family as a separate dwelling unit, to include townhouses.
Tenant.
Any person who occupies a dwelling unit for dwelling purposes with the landlord’s consent.
Townhouse.
A single-family residence constructed in a series, or a group of units having common walls, each on a separate lot.
(Ordinance 2021-12-58 adopted 12/13/21)
The city recognizes a need for an organized inspection program of residential rental properties within the city to meet city and state life safety, health, fire, and development codes and to provide a more efficient system for compelling both absentee and local landlords to correct violations and to maintain, in proper condition. The city recognizes that the most efficient system to provide registrations and rental inspections is the creation of a program requiring registration and issuance of a certificate of occupancy for all single-family, duplex and short-term rental properties within the city so that rental properties can be identified and orderly inspections can be made.
(Ordinance 2021-12-58 adopted 12/13/21)
(a) 
The building official is hereby designated as the administrator of this article.
(b) 
In addition to the powers and duties otherwise prescribed for the building official or his designated representative, as administrator of this article, he is required to:
(1) 
Administer and enforce all provisions of this article. Keep records of all licenses issued.
(2) 
Adopt rules and regulations, not inconsistent with the provisions of this article, with respect to the form and content of application for registration, the investigation of applicants, and other matters incidental or appropriate to his powers and duties as may be necessary for the proper administration and enforcement of the provisions of this article.
(3) 
Conduct on his/her initiative, periodic inspections of residential rental properties throughout the city, concerning their compliance with this article.
(Ordinance 2021-12-58 adopted 12/13/21)
No person shall hereafter occupy, allow to be occupied or rent or let to any another person for any occupancy any residential rental property, including but not limited to a short-term rental property within the city for which an annual registration has not been completed and filed with the division of building inspections.
(Ordinance 2021-12-58 adopted 12/13/21)
When a rental property is vacated by the tenant, the owner or landlord must apply for and receive a certificate of occupancy from the building official prior to the property being occupied by a new tenant. The building official or his designated representative will inspect the property and premises for compliance with this code, the International Property Maintenance Code, International Building Codes and other applicable rules, regulations, laws, and ordinances of the state and the city. If deficiencies are found, the building official may prohibit occupancy of the rental property and premises until such time as the owner or landlord takes action needed to bring the rental property and premises into compliance. The inspection required by this section shall apply to all dwelling units and premises prior to its original occupancy as a rental property.
(Ordinance 2021-12-58 adopted 12/13/21)
Short-term rental property owners are required to keep a complete record of each and every tenant of each of their short-term rental properties located within the city limits. Such records shall be maintained for a period of no less than eighteen (18) months from the date of rental or occupancy and shall be made available to the city immediately upon request.
(Ordinance 2021-12-58 adopted 12/13/21)
(a) 
All single-family residence and duplex rental properties that rent to long-term tenants shall be inspected upon any change of tenancy according to the rental property checklist.
(b) 
All short-term rental properties shall be inspected every six (6) months to ensure the property meets applicable city and state life safety, health and fire codes for the health and welfare of both the property owners and guests.
(c) 
All single-family and duplex rental properties shall be subject to an additional inspection if the following conditions occur:
(1) 
Two or more separate notices of violation are issued for the same property within a consecutive 24-month period and the owner of the property fails to correct the violations within the time frame required by the code official;
(2) 
Five or more separate notices of violation are issued on separate days for the same property within a consecutive 24-month period regardless of whether the owner of the property corrects the violations within the time frame required by the code official; or
(3) 
Two or more citations are issued for the same property within a consecutive 24-month period.
(d) 
Should a rental property fail an inspection, in lieu of a reinspection to be conducted by the city, the landlord or owner may submit sufficient proof to the city from which the city is able to determine that all noted violations have been appropriately repaired. Sufficient proof shall include an affidavit stating that the repairs have been completed, a copy of the receipt for materials used in the repair or a receipt for the work done to make the repair, and photographs of the repair(s).
(Ordinance 2021-12-58 adopted 12/13/21)
When the building official determines that a rental property and premises are in compliance with the provisions of this and other applicable codes, the building official shall issue a certificate of occupancy. No certificate shall be issued, and no release of utilities shall be given if, as a result of an inspection, it is determined that the premises does not comply with the minimum housing standards contained in this code.
(Ordinance 2021-12-58 adopted 12/13/21)
If a rental property changes ownership, the new owner must, within 30 days of the change, submit a new registration application and pay a new registration fee.
(Ordinance 2021-12-58 adopted 12/13/21)
The annual fees and/or inspection fees for activities and services performed by the building inspection division in carrying out its responsibilities under this code shall be as indicated in the fee schedule as established by resolution of the city shall be charged for compliance with this article.
(Ordinance 2021-12-58 adopted 12/13/21)