(a)
Dwelling unit.
Multifamily rental building.
Person.
Property manager.
Definitions.
Any building or portion of a building which is arranged,
occupied, or intended to be occupied as living quarters of a person
or family, and including facilities for food preparation, sleeping
and sanitation, which is rented, leased, or otherwise occupied by
a person or family other than the owner.
A residential building containing three or more attached
units available for rental. Under this definition, an apartment complex
can consist of multiple rental buildings.
An individual, corporation, business trust, estate, trust,
partnership or association, two or more persons having a joint interest,
or any other legal or community entity.
A person whom for compensation has managing control of a
rental unit.
(b)
Rental registration permit required.
All owners of a
dwelling unit or a multifamily rental building shall obtain a rental
registration permit issued under the provisions of this section. Rental
registration permits are valid for the calendar year in which they
are issued. It shall be unlawful to submit a false or fraudulent application
for a rental registration permit. A property owner who rents a dwelling
unit knowing that a rental registration permit has not been issued
for that dwelling or building or who knows that the permit issued
has been revoked commits an offense each day the dwelling or building
is occupied by a tenant and may permanently lose the rental registration
permit. Multifamily rental buildings shall commence registration in
January 2021. Single-family and duplex dwelling units shall commence
January 2022.
(c)
Registration permit form contents.
(1)
An applicant for a rental registration permit shall file with the
city a written permit form, on the form provided for that purpose
by no later than February 15th of each year. Owners of multifamily
rental buildings can file based on complex, if consolidation is desired.
(2)
The permit shall include:
(A)
The name, mailing address, physical street address, telephone number,
email address, and driver’s license or other government-issued
identification number of the owner and/or agent assigned to the property
for which the registration is being submitted;
(B)
If the owner is other than an individual, the legal name, all trade
names, and the registered agent, managing partner, or other person
authorized to accept service of process on behalf of the owner; and
(C)
A signed agreement to comply with the stated maintenance and safety
conditions of the rental dwelling unit.
(d)
Agent for service.
An applicant may designate on the
registration an agent for service of process who shall be the authorized
agent for purposes of notice and other communications provided in
this section. If an owner designates an agent for service as provided
in this subsection, service of any notice under this article on the
designated agent shall constitute service upon the owner unless the
director of development services receives actual notice from the owner
that the designated agent is no longer authorized to accept service
on behalf of the owner.
(e)
Accessibility of permit; replacement.
A rental registration
permit issued pursuant to this section shall be maintained by the
city, with a copy provided to the permittee.
(f)
Permit nonassignable; surrender.
A permit issued under
this section is valid for the calendar year in which it was issued
and is not assignable or transferable. A permit is valid only for
the premises for which it is issued. It shall be unlawful for any
person to counterfeit, forge, change, deface or alter a permit. A
permit may be canceled upon written request of the owner(s) and surrender
of the permit itself to the director of development services. The
surrender of a permit shall be effective immediately upon its filing
in the office of the director.
(g)
Landlord responsibility.
The landlord/owner is responsible
for ensuring the dwelling unit is compliant with all standards within
this article. Any repair required to meet these conditions will be
the responsibility of the landlord/owner and not passed on to the
tenant. The landlord/owner must acknowledge this responsibility on
the annual registration form for the property.
(h)
Notification of change in occupancy.
The landlord/owner
shall notify the city at each change in occupancy. A change in occupancy
shall mean any change in tenant(s) that are occupying the rental unit.
It is an offense for the landlord/owner to fail to notify the city
of a change in occupancy.
(i)
Permit term and fee.
(1)
Each rental registration permit issued under this section shall be
valid for the calendar year in which it was issued, unless suspended
or revoked.
(2)
Annual rental registration permit fees, including any reinspection
fees and/or any monthly late fees, shall be per the city’s master
fee schedule, as amended. Uncollected fees shall apply retroactively,
unless otherwise authorized by the director. The director may also
pro-rate the annual fee for an owner-occupied dwelling unit that converts
to a rental dwelling unit during the calendar year.
(j)
Temporary tenancies.
It shall be an affirmative defense
to prosecution that the single-family residential dwelling was rented
or leased for a period of less than 90 days to a person who was the
immediate past owner of the dwelling or who shall be the immediate
next owner of the dwelling.
(k)
Suspension of permit.
A rental registration permit shall
be temporarily suspended by the city:
(1)
If a life safety violation exists on the premises of the permitted
rental dwelling unit;
(2)
If, after notice and a period of correction as provided herein, a
violation remains on the premises of the permitted rental unit; or
(3)
If, the owner of the property has not paid all amounts then-due and
outstanding to the city (other than amounts for ad valorem taxes)
directly related to such property, including, without limitation,
the payment of any amounts secured by liens filed against the property
by the city and fines owed by the owner.
(l)
Reinstatement of suspended permit.
A person whose rental
registration permit has been suspended may, at any time, make written
application for a reinspection for the purpose of reinstating the
permit. Within ten days following receipt of a request, which shall
include a statement signed by the applicant that in the applicant’s
opinion, all of the violations that caused suspension of the permit
have been corrected, the city shall make a reinspection. Upon reinspection,
if all life safety, critical and noncritical violations have been
corrected, the permit shall be reinstated.
(m)
Revocation of permit.
For serious or repeated violations
of any of the requirements of this article, or for interference with
the city or any of its agents in the performance of their duties,
the rental registration permit may be permanently revoked after the
city has provided an opportunity for a hearing. Prior to such action,
the city shall notify the holder of the permit in writing, stating
the reasons for which the permit is subject to revocation and advising
that the permit shall be permanently revoked at the end of ten days
from the service of such notice unless a request for a hearing is
filed with the city, by the permit holder, within such ten-day period.
A permit shall be suspended for cause pending its revocation or a
hearing relative thereto.
(n)
Hearings.
The hearings provided for shall be conducted
at a time and place designated by the board of adjustment. Based on
the record of such hearing, the board shall make a finding and shall
sustain, modify, or rescind any official notice or order considered
in the hearing. A written report of the hearing decision shall be
furnished to the permit holder by the city.
(o)
Fire code applies.
This article does not include, nor
exempt, properties, whether residential or commercial or other, from
any inspection required or allowed by the most current adopted fire
code.
(p)
Municipal immunity.
The city is not liable for the condition
of an inspected/uninspected rental dwelling unit. Successful rental
registration permit registration and/or safety inspection in no manner
makes the city responsible for anything that may occur on private
property.
(Ordinance 2020-105 adopted 12/8/20)
(a)
Safety inspection.
An exterior and interior safety and
property maintenance inspection shall be conducted at each tenant
change by the city on all rental dwelling units. Inspections shall
also be made based upon code violation complaints or at the city’s
discretion on any rental property. Inspections shall include, but
are not limited to:
(b)
Code violations.
Any code violations, which are the
responsibility of the landlord to correct, must be corrected within
ten days of notice by the city or have a work plan approved by the
development services department. Property owner must obtain all applicable
permits, if any are required, prior to starting any work. Failure
to do so will result in citations and possible revocation of rental
registration permit.
(c)
Entry.
The agent(s) of the city administering this program
is authorized and directed to make inspections to determine conditions
of dwellings and premises located within the city. This article shall
not be construed to require an occupant, operator, or owner to consent
to a warrantless inspection of a dwelling or premises, except as provided
by law.
(Ordinance 2020-105 adopted 12/8/20)
(a)
Inspection required.
Each year, the city shall register
and inspect its commercial, institutional, HOA common areas, multifamily
developments, and other nonresidential sites to ensure continued compliance
with development and safety regulations, any on-going or recurring
maintenance requirements, and to ensure completion of deferred maintenance.
An annual inspection fee shall also apply, per the approved master
fee schedule.
(b)
Code violations.
Any code violations are the responsibility
of the landlord/owner to correct and should be corrected within ten
days of notice by the city or have a work plan approved by the development
services department. Property owner must obtain all applicable permits,
if any are required, prior to starting any work. Failure to do so
will result in citations and possible loss of certificate of occupancy.
(Ordinance 2020-105 adopted 12/8/20)
