(a) The
purpose of this article is to protect the health, safety, morals and
welfare of the citizens of the city by establishing an inspection
program for minimum standards applicable to residential rental units
as set out in this article.
(b) This
article is remedial and essential to the public interest, and it is
intended that this article be liberally construed to effect its purpose.
All residential rental structures within the city on the effective
date of this article, or constructed thereafter, must comply with
the provisions of this article.
(Ordinance 486-14 adopted 1/15/15)
Owner-occupied.
Occupied by a person and his or her immediate family, his
or her spouse, and children, said 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 an initial term of 5 years
or more;
(4)
The buyer in a contract for deed; and
(5)
The mortgagee, receiver, executor, or trustee in control of
real property;
but not including the holder of a leasehold estate or tenancy
for an initial term of less than 5 years.
Person.
Any individual, corporation, organization, partnership, association,
or any other legal entity.
Renter.
A person claiming, or in whom is vested, a leasehold estate
or tenancy for an initial term of less than 5 (five) years.
Residential rental unit.
A structure, including a single-family home, that is rented
or leased for a initial term of less than 5 (five) years and that
is not solely owner-occupied, and includes all units in a multi-unit
dwelling of which one or more units are owner-occupied.
(Ordinance 486-14 adopted 1/15/15)
The housing official established in this article shall act as
the city building official for purposes of inspections for certificates
of occupancy.
(Ordinance 486-14 adopted 1/15/15)
(a) For
the purpose of ascertaining whether violations of the city ordinances
of this city concerning building standards exist, the city building
official is authorized, at a reasonable time, to inspect:
(1) The exterior of a residential rental unit and premises which contain
no structure; and
(2) The interior of a residential rental unit, if the permission of the
owner, occupant, or person in control is given.
(b) The
city building official is authorized to inspect, at a reasonable time,
the records of a person who operates a structure to determine if the
structure is a residential rental unit.
(c) The
city building official shall have the power to obtain search warrants
allowing the inspection of any specified premises to determine the
presence of a health hazard or unsafe building condition, including
but not limited to any structural, property, or utility hazard, or
a violation of any health or building regulation, statute or ordinance.
(Ordinance 486-14 adopted 1/15/15)
(a) No
owner shall operate a residential rental unit without a certificate
of occupancy. Application for the certificate of occupancy must be
renewed upon transfer of the leasehold to a new renter on a form prescribed
by the city building official.
(b) No
person shall occupy a residential rental unit without a certificate
of occupancy.
(c) The
city building official shall issue a certificate of occupancy to an
applicant if the residential rental unit complies with the standards
of this article and, if a newly built structure, with the building
code as adopted by the city.
(Ordinance 486-14 adopted 1/15/15)
(a) Fees for the operation of residential rental units shall be as provided for in the fee schedule found in appendix
A of this code.
(b) For purposes of computing fees required by subsection
(a), all units of a residential rental unit will be considered.
(Ordinance 486-14 adopted 1/15/15)