For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context clearly indicates otherwise:
Code compliance manager.
Any person designated by the city manager as being responsible
for the administration and enforcement of this article.
Dwelling unit.
A structure or that part of a structure which is used as
a residence.
Landlord.
The owner, property manager, or any person having or exercising
supervision or control over rental property that is or is intended
to be occupied by another. A person having or exercising supervision
or control of rental property is, for all purposes under this article,
deemed a landlord, regardless of whether ownership or title to the
real estate is vested in another.
Owner.
(A)
Any person claiming, or in whom is vested, the ownership, dominion
or title of real property, including, but not limited to:
(1)
The holder of fee simple title;
(2)
The holder of a life estate;
(3)
The holder of a leasehold estate for a term of at least five
years;
(4)
The holder of a leasehold estate who, in turn, subleases property
to another; or
(5)
The buyer in a contract for deed.
(B)
As used in this division, owner also includes any agent, association,
company, corporation, firm, partnership, person or organization of
any kind having a legal or equitable interest in a rental property.
Rental property or rental properties.
A single-family or duplex dwelling unit, a short-term rental,
or a townhouse, that is leased or rented or intended to be leased
or rented to one or more persons, for or without consideration; the
term also includes any such structure in which individual rooms or
spaces within such structure are leased or rented or intended to be
leased or rented to one or more persons, for or without consideration.
Short-term rental(s).
A rental property, including a single-family dwelling or
a unit in a condominium, townhome, apartment, cooperative, or time
share that is rented wholly or partly for a fee for a period not longer
than 30 days.
Tenant.
Any person who occupies rental property for residential purposes
with the landlord's consent, regardless of whether the occupancy
is in exchange for monetary consideration.
Townhouse.
One of a series of not less than three nor more than 10 attached
one-family dwellings under common roof with common exterior wall and
separated from one another by single partition walls without openings
from basement to roof.
(Ordinance 1093-2024-02 adopted 2/27/2024)
This division shall apply to all single-family and duplex dwelling
rental properties, short-term rentals, and townhouse rental properties
within the territorial limits of the city. Division 2 of this article
shall apply to apartment buildings, apartment complexes, multifamily
dwellings not covered by this division, and the individual apartments
and dwelling units within those buildings.
(Ordinance 1093-2024-02 adopted 2/27/2024)
(a)
No person shall own, operate, lease, rent or maintain rental
property within the city without first registering the rental property
with the city. Rental properties shall be registered each calendar
year upon expiration, which is the 31st of December of every year.
Registration shall be by written application submitted to and on a
form provided by the code compliance manager identifying, at a minimum,
the name and address of the owner, the name and address of the landlord,
and the address, age and interior square footage of the rental property.
Registration may be approved but occupancy may not occur unless and
until the rental property has been inspected for compliance with the
minimum standards set forth in this article.
(b)
Rental property registration may be denied, suspended or revoked
by the code compliance manager if:
(1)
The application contains false information;
(2)
There are utility fees and/or charges over 60 days past due
for the rental property over which the landlord is responsible;
(3)
The rental property is not in compliance with the standards
set forth in this article;
(4)
Access to the property by the code compliance manager has been
impaired so as to prevent timely inspection of the premises;
(5)
A change in tenancy has occurred and the landlord or owner has
failed to request an inspection as required by this article; or
(6)
There exists any condition in, on or near the rental property
that renders the rental property unsafe or unfit for human habitation
or occupancy or presents a threat to public health or safety.
(c)
A denial, suspension or revocation may be appealed to the city
manager if written notice of the appeal is received within twenty
(20) days of the denial, suspension or revocation. The city manager's
decision shall be final and binding.
(Ordinance 1093-2024-02 adopted 2/27/2024)
(a)
The code compliance manager may, at any time, require additional
information of the owner or landlord to clarify or supplement items
on the application for registration.
(b)
The annual fee for issuing a registration shall be as set forth in section
A2.007 of appendix
A of this code. The fees are nonrefundable and are payable to the city when application is made to the city for the registration. The code compliance manager shall waive a registration fee for a new registration that is required solely because the rental property has had a change in tenancy occurring less than six months after the most recent previous tenancy; provided, however, that there shall be no such waiver for a short-term rental (STR) as that term may be defined elsewhere in this code.
(Ordinance 1093-2024-02 adopted 2/27/2024)
(a)
The code compliance manager is hereby designated as the administrator
of this article.
(b)
In addition to the powers and duties previously prescribed for
the code compliance manager, said person shall:
(1)
Administer and enforce all provisions of this article;
(2)
Keep and maintain records of all registrations issued;
(3)
Adopt rules and regulations, not inconsistent with the provisions
of this article, with respect to the form and content of applications
for registrations, the investigation of applicants, and other matters
incidental or appropriate to his or her powers and duties as may be
necessary for the proper administration and enforcement of the provisions
of this article; and
(4)
Conduct, on his or her own initiative, periodic investigations
of rental properties throughout the city concerning compliance with
this article.
(Ordinance 1093-2024-02 adopted 2/27/2024)
All rental properties, inclusive of the primary dwelling structure,
all accessory structures, and the premises comprising the property,
shall be kept and maintained by the owner and the landlord in accordance
with the following minimum standards:
(1)
The property must be maintained in a safe and habitable condition;
(2)
The property must be adequately served by all utilities, including
but not limited to electricity, water and sanitary sewer services;
(3)
Any violations of the city's nuisance regulations;
(4)
Prohibiting junk motor vehicles, high grass and weeds, dangerous
vegetation, dilapidated fencing, and accumulations of stagnant water,
rubbish, and unwholesome matter of any kind shall be remedied in a
timely manner upon notification; and
(5)
The property shall be kept and maintained in accordance with
the standards and requirements set forth in the International Property
Maintenance Code, as adopted by the city, or the provisions of any
building, residential or property code adopted by the city for the
purposes of protecting the life, health or safety of occupants or
residents.
(Ordinance 1093-2024-02 adopted 2/27/2024)
(a)
Inspection.
Rental property shall be inspected
for compliance with the provisions of this article as follows:
(1)
Upon first-time registration, or if warranted by receipt of
a complaint; and
(2)
Annually or - with the exception of short-term rentals - each
time there is a change in tenancy. The owner or landlord shall request
that the inspection be conducted by the city before the new tenancy
commences.
(b)
No registration or release of utilities shall be issued if,
as a result of an inspection, it is determined that the rental property
does not comply with the standards of this article and other applicable
provisions of this code.
(c)
Any life safety or critical deficiencies noted by the inspection
shall be corrected prior to issuance of a certificate of registration
and prior to occupancy. A reinspection may not be necessary if the
owner or landlord submits sufficient proof to the city from which
the city can determine that all noted violations have been appropriately
repaired or corrected. Sufficient proof includes, but is not limited
to, an affidavit stating that the repairs have been completed, receipts
for materials used in the repair or receipts for the work done to
complete the repair, and/or photographs of the repair(s).
(d)
Certificate of registration.
No rental property
shall be occupied unless a valid certificate of registration has been
issued by the city for the premises. A certificate of registration
is required for each change in tenancy. The certificate shall be issued
if, after inspection, the rental property complies with this article
and other applicable provisions of this code.
(Ordinance 1093-2024-02 adopted 2/27/2024)
(a)
No person may violate any provision of this article, including
landlords, owners, tenants and occupants of rental property.
(b)
A person commits an offense if the person acts in the capacity
of a landlord without a valid registration issued under this article.
(c)
A landlord or an owner commits an offense if the landlord or
owner rents, leases, or allows another to occupy rental property that
is not registered, has not passed a city inspection, or does not have
a valid certificate of registration.
(d)
A landlord or an owner commits an offense if the landlord or
owner rents, leases, or allows another to occupy rental property after
having been provided with notice of a cease and desist order issued
by the code compliance manager to vacate the premises or repair or
remediate a condition that is a violation of this article or causes
a public nuisance.
(e)
No landlord or owner may prevent or impair an inspection under
this article, or knowingly conceal, cover or disguise any condition
that is a violation of the standards imposed by this article.
(f)
It shall be an affirmative defense to the prosecution of an
offense under this article if:
(1)
The rental property is a bed and breakfast, defined herein as
a dwelling occupied as a permanent residence by an owner or renter
in which sleeping accommodations of not more than four rooms are provided
or offered for transient guests for compensation;
(2)
The tenant is hired by the owner as a short-term caretaker of
the dwelling or is related to the owner within one degree of affinity
or consanguinity; or
(3)
The rental property is not used for residential purposes.
(Ordinance 1093-2024-02 adopted 2/27/2024)
(a)
A violation of this article is punishable by a fine not to exceed
the sum of two thousand dollars ($2,000.00). Each day a violation
continues shall be deemed a separate offense.
(b)
Unless otherwise expressly provided for herein, no intent need
be pleaded or proven in the prosecution of an offense under this article,
and a person in violation shall be strictly liable, regardless of
intent.
(c)
The remedies provided for in this article are cumulative of
each other and of any other remedy provided for and allowed by law.
In addition to any other remedy allowed by law, the city may seek
injunctive relief in any court of proper jurisdiction to restrain
or enjoin a violation of any provision of this division.
(Ordinance 1093-2024-02 adopted 2/27/2024)
For the purposes of this division, the following words and phrases
shall have the meanings respectively ascribed to them by this section,
unless the context clearly indicates otherwise.
Code compliance manager.
Shall refer to any person designated by the city manager
as being responsible for the administration and enforcement of this
article.
Dangerous building.
Refers to any building with exterior or interior conditions
that pose a danger to the life, limb, health, property or safety of
any person.
Dwelling unit.
A structure or that part of a structure which is used as
a residence.
Landlord.
The owner, property manager, or any person having or exercising
supervision or control over rental property that is or is intended
to be occupied by another. A person having or exercising supervision
or control of rental property is, for all purposes under this article,
deemed a landlord, regardless of whether ownership or title to the
real estate is vested in another.
Managing agent.
Shall refer to a person who lives in this state and who is
authorized by the owner of a multifamily residential rental building
to accept legal service relevant to that building on his or her behalf.
Multifamily residential building.
Refers to a building or structure containing three or more
individual residential units which are leased or rented or intended
to be leased or rented to another person, for or without consideration,
for residential purposes. The term also includes accessory buildings
and structures intended for human occupancy and use by residents of
a primary multifamily residential building.
Order to correct.
Refers to an order that requires any person acting in the
capacity of an owner, managing agent, property manager or landlord
of a multifamily residential building to correct any building code
violation.
Owner.
Any person claiming, or in whom is vested, the ownership,
dominion or title of real property, including, but not limited to:
(1)
The holder of fee simple title;
(2)
The holder of a life estate;
(3)
The holder of a leasehold estate for a term of at least five
years;
(4)
The holder of a leasehold estate who, in turn, subleases property
to another; or
(5)
The buyer in a contract for deed.
As used in this division, owner also includes any agent, association,
company, corporation, firm, partnership, person or organization of
any kind having a legal or equitable interest in a multifamily residential
building.
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Property.
Shall refer to the land on which one or more multifamily
residential buildings are located and is inclusive of the land and
all buildings and structures thereon.
Property manager.
A person who for compensation has managing control of a multi-
family residential building.
Resident.
Shall refer to any person who occupies a residential unit
in a multifamily residential building.
Residential unit.
Any single residential dwelling unit within a multifamily
residential building or portion thereof that is used or intended to
be used for residential purposes. The term is inclusive of units within
mixed-use buildings whereby an occupant may utilize an area for combined
residential and commercial or retail purposes.
Substandard building.
A building, structure or multifamily residential building
which is not in compliance with the provisions of the International
Property Maintenance Code, as adopted by the city, or the provisions
of any building, residential or property code adopted by the city
for the purposes of protecting the life, health or safety of occupants
or residents.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
No person may operate a multifamily residential building, and
shall not offer for rent, lease or occupancy, a residential unit in
a multifamily residential building without first having applied for
and been granted an annual registration from the city. To obtain an
annual registration, an owner shall complete and submit an application
on a form prescribed by the city that shall, at a minimum, require
the applicant to provide:
(1) The
property’s trade name, physical address, business address, the
total number of residential rental buildings located on the property,
the total number of residential rental units located on the property
and the year in which construction of each residential rental building
located on the property was completed;
(2) The
name, permanent address and telephone numbers of the owner, the property
manager and, if the property owner does not reside in this state,
the managing agent;
(3) The
names, addresses and telephone numbers of any mortgagees of the property;
(4) If
the owner is a partnership, the names and telephone numbers of the
managing partner and the partnership’s principal business address;
(5) If
the owner is a corporation, limited liability company, partnership,
general partnership, limited liability partnership, trust or real
estate investment trust, the name, physical business address and telephone
numbers of the following;
(A) For a corporation, the president and/or chief executive officer;
(B) For a limited liability company, the managing or administrative member;
(C) For a partnership, limited partnership or limited liability partnership,
the general partner;
(D) For a trust, a trustee; for a real estate investment trust, the general
partner; or
(E) For any other legal entity not named in the foregoing subsections,
the name and address of a duly authorized agent; and
(6) Any
other information deemed material by the code compliance manager.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
(a) Upon submission of an application and payment of the required annual fee, the city may inspect the property and the multifamily residential building for compliance with minimum standards imposed by city building, property, health and safety codes. The annual fee for issuing a registration shall be as set forth in section
A2.007 of appendix
A of this code. The fees are nonrefundable and are payable to the city when application is made to the city for the registration.
(b) An
annual registration shall expire on the first anniversary of the date
of its issuance.
(c) An
annual registration shall expire on the thirtieth (30th) day following
a change of ownership of the property on which the building is situated.
For the purposes of this subsection, a change in ownership shall not
include a transfer or conveyance of an ownership interest in a building
to an affiliate entity of the owner. The city shall act on an application
for an annual registration within 30 days of submission of an application.
(d) An
application for an annual registration shall be submitted by all owners
of multi- family residential buildings within sixty (60) days following
the effective date of the ordinance adopting the regulations contained
within this division. However, multifamily residential buildings that
are occupied and in operation on the effective date may not be denied
the opportunity to continue business operations during the period
in which an application is pending.
(e) The
city may grant extensions of the application deadlines provided for
in this division upon terms and condition deemed reasonable by the
city in the code compliance manager’s sole discretion.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
(a) An
application for annual registration may be denied, revoked or suspended
by the code compliance manager if:
(1) An application contains materially false information;
(2) A multifamily residential building or an accessory building intended
for use or occupancy by residents of a multifamily residential building
has conditions that present a danger to life, health or safety;
(3) An owner, property manager or landlord has prevented any inspection
by the code compliance manager or has actively concealed any condition
that presents a threat to life, health or safety or that is a violation
of any provision of applicable building, property, health and safety
codes:
(4) A multifamily residential building or an accessory building intended
for use or occupancy by residents of a multifamily residential building
is not in compliance with minimum standards imposed by applicable
building, property, health and safety codes;
(5) An order to correct, issued by the code compliance manager, has not
been complied with, and at least seven (7) days have elapsed since
the order to correct was issued; or
(6) A multifamily residential building or any accessory building is a
dangerous building.
(b) A denial, suspension or revocation may be appealed to the board of adjustment if written notice of the appeal is received within twenty (20) days of the denial, suspension or revocation. See section
4.08.038 for additional provisions relating to such appeals.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
(a) The
city may inspect multifamily residential buildings or any portions
thereof annually, at intervals deemed appropriate by the code compliance
manager or upon receipt of a complaint submitted by any person regarding
a violation of any provision of applicable building, property, health
and safety codes. Inspections may, at the discretion of the code compliance
manager, be restricted to limited portions of a multifamily residential
building. The city may adopt policies and procedures regarding inspection
programs and the conduct of inspections under this division.
(b) The
code compliance manager shall provide at least three (3) days’
prior notice of an intent to inspect interior inspections. It is the
responsibility of the owner, property manager or landlord to notify
residents and to secure the residential unit in preparation for inspection.
(c) It
is unlawful for an owner, property manager or landlord to prevent
any inspection under this division, to deny or refuse access to property
for the purposes of inspection, to falsify any document or record
incident to an inspection, or to attempt to conceal any condition
that may be a violation of any provision of applicable building, property,
health and safety codes.
(d) Residents
of individual residential units may opt out of an inspection of the
residential unit occupied by that person. The election to opt out
of an inspection of an individual unit must be in writing and on a
form promulgated by the city for that purpose.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
Upon inspection, the code compliance manager may issue an order
to correct any violations found by an inspection, requiring the owner,
property manager or landlord to correct any violation of any provision
of applicable building, property, health and safety codes. The code
compliance manager may, in his or her discretion, establish a reasonable
time within which a specified violation must be corrected, and repairs
be made. An order to correct may be revised, amended or extended by
the code compliance manager in his or her discretion, as may be appropriate
under the circumstances.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
(a) Should
an inspection reveal violations of this division, a violation of any
provision of applicable building, property, health and safety codes,
a condition that presents a danger to life, health or safety, or that
a multifamily residential building or an accessory building is a dangerous
or substandard building, the code compliance manager may, if necessary
or appropriate for the protection of health and safety:
(1) Issue an order to correct;
(2) Deny, suspend or revoke an annual registration;
(3) Deny, suspend or revoke a certificate of occupancy;
(4) Issue an order to vacate the building; or
(5) Issue citations for any criminal violations observed during an inspection.
(b) If
a multifamily residential building is declared to be a dangerous building
by the code compliance manager, the code compliance manager may:
(1) Cause the violations to be corrected, at the expense of the owner,
and subject the property to a lien for all costs incurred by the city
by filing a statement of expense with the appropriate county;
(2) Institute and maintain civil proceedings seeking injunctive relief
against the owner in any court of appropriate jurisdiction for an
order compelling the owner to comply with the code official’s
order;
(3) Institute proceedings under the Uniform Code for the Abatement of
Dangerous Buildings or the International Property Maintenance Code,
as adopted by the city, or the provisions of any applicable building,
property, health or safety code adopted by the city for the purposes
of protecting the life, health or safety of occupants or residents.
seeking the vacation and demolition of the building; or
(4) Issue appropriate orders to vacate and secure the building, and to
compel repair or demolition of the building.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
(a) The
board of adjustment may hear and decide an appeal that alleges error
in an order, requirement, decision, or determination made by the code
compliance manager in the enforcement of this division. An appeal
must be made in writing, filed with the board, within not more than
twenty (20) days of the service of the official’s order, requirement,
decision, or determination. Service of the order, requirement, decision,
or determination is effective on the date that it is personally delivered
to the owner, property manager or landlord, deposited with the US
postal service properly addressed, or posted on the property in a
conspicuous location.
(b) The
board shall schedule a hearing as soon as practicable upon the timely
filing of an appeal. The owner, property manager or landlord may attend
and present evidence at the hearing. The board shall promptly render
a decision based on the merits of the appeal and the evidence presented
at the hearing.
(c) The
board’s decision shall be final and binding. No appeal may be
taken from the decision of the board.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)
(a) Any
person in violation of any provision of this division shall be punished
by a fine not to exceed the sum of two thousand dollars ($2,000.00).
Each day that a violation exists is a separate offense.
(b) The
penalties and remedies provided for in this division are cumulative
and nonexclusive, and the city may pursue any and all remedies at
law or in equity without prejudice to any other remedy.
(c) No
culpable mental state shall be required to be plead or proven to establish
guilt in the prosecution of any criminal case in which an offense
under this division is alleged.
(Ordinance 838-2019, sec. 1, adopted 12/10/19)