For the purpose of this article, certain terms, phrases, words and their derivatives shall be construed as specified in this article or as specified in the zoning ordinance or building code, as adopted and as amended. Where a conflict exists, the zoning ordinance, then the building code, controls. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Merriam-Webster’s Dictionary, Unabridged, Copyright 1998, shall be considered as providing ordinary accepted meanings. Terms in the singular include the plural and the plural the singular. Terms used in the masculine gender include the feminine and the feminine the masculine. Whenever the terms “dwelling,” “dwelling unit,” “premises,” and “structure” are used herein, they shall be construed as though they were followed by the term “or any part thereof.”
Apartment complex
means a building or group of buildings located on a single premises and containing three or more dwelling units that are leased or offered for lease to occupants.
Building code
means the latest version of the International Building Code, Existing Building Code, Residential Code, Property Maintenance Code, Fire Code, Plumbing, Mechanical and National Electrical Code, as adopted by the city council, as it may be amended, and as amended by regional and local amendments.
Code official
means the official who is charged with the administration and enforcement of this article or any duly authorized representative, including but not limited to the chief building official, fire chief or their designee.
Critical violation
means a violation of this article, the building code, or state or federal law that results in imminent threat of death or injury to persons on the premises of a dwelling unit.
Dwelling unit
means a structure or a part of a structure, which is used as a home, residence, or sleeping place by one or more persons maintaining a common household to the exclusion of all others. It may also mean a building or portion of a building designed to provide independent living facilities for not more than one family and that contains bathroom facilities and not more than one kitchen.
Licensee
means any person who has been issued a license under this article.
Life safety violation
means a violation of this article, the building code, or state or federal law that results in imminent threat of death or injury to persons on the premises of a dwelling unit.
Minor violation
means any departure from the building code standards having no or an insignificant impact on the health, safety or welfare of the occupants of the dwelling unit.
Owner.
(1) 
The term “owner” means the person or entity claiming or in whom is vested the ownership, dominion or title of real property, including but not limited to:
(A) 
The holder of a fee simple title;
(B) 
The holder of a life estate;
(C) 
The holder of a leasehold estate for an initial term of five years or more;
(D) 
The buyer in a contract for deed;
(E) 
A mortgagee, receiver, executor or trustee in control of real property.
(2) 
The term “owner” does not include a holder of a leasehold estate or tenancy for an initial term of less than five years.
Owner-occupied property
means a dwelling unit where the owner resides on the property as principal residential dwelling with persons affiliated with said person by blood or marriage.
Rent
means the offering or leasing of a dwelling unit to an occupant other than the owner and involves the payment of a rental amount, through consideration, either as monetary compensation or barter exchange transaction.
Rental inspection
means an inspection of a rental unit to determine compliance with all applicable standards set for the city building, housing, property maintenance, electrical, plumbing, health and zoning codes, and any other applicable state or local laws.
Rental unit
means a single-family dwelling unit, a duplex dwelling unit, a townhome dwelling unit, a condominium dwelling unit, a manufactured home dwelling unit, or an individual multi-family dwelling unit, apartment complex dwelling unit or a portion thereof, that is rented or offered for rent as a residence.
Residential rental license
means a license issued by the code official or designee pursuant to this article and referred to as a license herein.
Residential rental property
means any building or portion thereof, which is rented, leased or let to be occupied for compensation as one or more dwelling units, or which is occupied as a home or place of residence by one or more families, or one or more persons, living in independent dwelling units.
(1998 Code, sec. 34-150; Ordinance 200895, sec. 2 (34.150), adopted 8/19/08; 2013 Code, sec. 12-134)
(a) 
Scope.
The provisions of this article shall apply to all residential buildings and structures or portions thereof intended or used for human habitation and occupation, as residential rental properties, which exist on the effective date of the ordinance from which this article is derived or used or constructed thereafter.
(b) 
Purpose.
To protect the health, safety and welfare of the citizens of the city by establishing licensing standards and inspections for residential rental properties.
(c) 
Authority.
(1) 
The code official or designated representative shall implement, interpret and enforce this article.
(2) 
The code official shall have the authority to review and issue licenses, to deny, revoke or determine not to renew a license and may issue citations for violations contained herein.
(1998 Code, sec. 34-151; Ordinance 200895, sec. 2 (34.151), adopted 8/19/08; 2013 Code, sec. 12-135)
(a) 
The owner of each rental unit or residential rental property within the city shall register such rental unit or residential rental property with the code official, and thereafter shall renew the registration annually on the date prescribed by the code official as set forth in this article.
(b) 
The owner of each rental unit within the city shall make application for registration within 30 days of acquiring ownership of such rental unit or from converting the property from an owner-occupied property to a rental property.
(c) 
The code official, by administrative order, may establish annual renewal dates that will assist with the orderly administration of this article. Such administrative order shall be maintained in the office of the city secretary and shall be made available to the public during regular business hours.
(d) 
Application for rental registration shall be made upon a form provided by the city for such purpose and shall include, at a minimum, the following information:
(1) 
Street address of the rental unit, or in the case of multi-family dwelling complexes, of the complex;
(2) 
Number of persons occupying the rental unit;
(3) 
Owner’s name:
(A) 
If the owner is a person, the mailing address, physical address, work telephone number, home telephone number, driver’s license number or identification card number, and state of issuance of such driver’s license or identification card;
(B) 
If the owner is a partnership, the names of all partners, the principal business address and the telephone number of each partner;
(C) 
Is the owner is a corporation, the state of incorporation, the name and address of the registered agent, the names of all officers, and the contact information of any local office of such corporation;
(4) 
The name and address of the property manager, if any;
(5) 
Whether there has been a change of occupancy or an additional tenant of the rental unit since the date of the last registration license application;
(6) 
Signature of the owner or the owner’s agent;
(7) 
In the case of a multi-family dwelling or apartment complex, only one application shall be required for the complex; however, the application shall set forth the total number of individual dwelling units within the complex;
(8) 
All residential rental properties must comply with applicable state, federal and local laws that may govern the use and occupancy of the residential rental property.
(1998 Code, sec. 34-152; Ordinance 200895, sec. 2 (34.152), adopted 8/19/08; 2013 Code, sec. 12-136)
(a) 
A rental registration license shall issue upon proper submittal of a rental registration application and payment of an annual fee in the amount specified in a resolution adopted by the city council establishing a schedule of fees.
(b) 
The rental registration license is not assignable or transferable.
(c) 
The rental registration license shall be valid for one year.
(d) 
Within 30 days of the date the city receives a completed license application, the city will issue a license or notify the applicant that it refuses to issue a license.
(1998 Code, sec. 34-153; Ordinance 200895, sec. 2 (34.153), adopted 8/19/08; 2013 Code, sec. 12-137)
(a) 
The rental registration license issued pursuant to this article must be displayed at all times inside the unit in a place designated by the code official.
(b) 
A replacement rental registration license may be issued for one lost, destroyed or mutilated upon application for such replacement license with the code official. The fee for such replacement rental registration license shall be in the amount specified in a resolution adopted by the city council establishing a schedule of fees.
(1998 Code, sec. 34-154; Ordinance 200895, sec. 2 (34.154), adopted 8/19/08; 2013 Code, sec. 12-138)
(a) 
On application for or renewal of a license, the city will inspect the exterior of the single-family dwelling unit to determine and ensure that the dwelling unit is not a public nuisance or substandard and that the rental unit meets all zoning, health and safety requirements of the building code.
(b) 
The code official may inspect a rental unit to determine compliance with applicable state and local laws:
(1) 
On at least a biannual basis and on periodic basis, such as every 30 days, when needed to ensure the correction of critical and/or life safety violations as noted in subsections (c) and (d) of this section;
(2) 
If the renewal of a registration for a rental unit, or other evidence, indicates that a change of occupancy of one or more tenants has occurred at a rental unit;
(3) 
The code official notes an exterior code violation that indicates a potential critical or life safety violation;
(4) 
As necessary, when the code official or EMS personnel note interior code violations during calls for service based upon emergency or medical need and which forms the basis for documented reasonable belief that specific life safety or critical violations exist. An administrative search warrant may but is not required to be utilized during the ongoing inspection of life safety and/or critical violations;
(5) 
When requested by the occupant; and/or
(6) 
At any other time when authorized by law.
(c) 
The code official may enter a single-family dwelling unit at reasonable times to inspect the dwelling unit to ensure compliance with the building code if the code official obtains:
(1) 
The consent of an adult, over the age of 18, lawfully occupying the dwelling unit;
(2) 
The consent of the license holder for an unoccupied dwelling unit; or
(3) 
An administrative search warrant to inspect the dwelling unit.
(d) 
The code official is authorized to obtain an administrative search warrant to conduct an inspection permitted by this article when probable cause exists to believe that a fire or health hazard, code violation or unsafe building condition is present on the premises sought to be inspected. A search warrant is not authorized based solely on the failure of an owner to allow an inspection under this section.
(e) 
Business records for the rental property shall be made available to the code official at the time of the inspection or upon reasonable written request during regular business hours. Business records include but are not limited to:
(1) 
Any state or federal license required;
(2) 
All rental agreements;
(3) 
Evidence of utility bills and ad valorem taxes paid;
(4) 
Any notices of violations issued by appropriate governmental agencies;
(5) 
Evidence of maintenance and repair of the rental unit or residential rental property.
(1998 Code, sec. 34-155; Ordinance 200895, sec. 2 (34.155), adopted 8/19/08; 2013 Code, sec. 12-139)
(a) 
It shall be unlawful to falsify or omit any material information on the rental registration license application. The rental registration license application is a government record and, as such, falsification, tampering, and other offenses may be prosecuted as provided by state law.
(b) 
It shall be unlawful to rent or lease a rental unit within the city without a current and valid rental registration license for such unit.
(c) 
It shall be unlawful to fail to update any material information on the rental registration license application upon renewal.
(d) 
It shall be unlawful to fail or refuse to have rental inspections done in accordance with this article.
(e) 
It shall be unlawful to assign or transfer the rental registration license.
(f) 
It shall be unlawful to fail to complete repairs in accordance with section 5.03.008.
(g) 
It shall be unlawful to fail to comply with applicable federal, state and local laws, regulations or ordinances that apply to the use and operation of the residential rental property.
(h) 
It shall be a violation to maintain the residential rental property in a manner that constitutes a public nuisance under the building code or city ordinances.
(1998 Code, sec. 34-156; Ordinance 200895, sec. 2 (34.156), adopted 8/19/08; 2013 Code, sec. 12-140; Ordinance adopting 2021 Code)
(a) 
Violations noted during an inspection must be corrected as follows:
(1) 
Life safety violations must be corrected within 24 hours of notice. Life safety violations that have been safely isolated from occupants may be repaired by the date given in the notice.
(2) 
Critical violations must be corrected within 72 hours of notice.
(b) 
To pass reinspection, all repairs must be performed in a workmanlike manner, to current industry standards, utilizing materials and methods commonly associated with repairs of similar nature, and comply with this article, the building code, and state and federal law.
(1998 Code, sec. 34-157; Ordinance 200895, sec. 2 (34.157), adopted 8/19/08; 2013 Code, sec. 12-141; Ordinance adopting 2021 Code)
(a) 
Revocation.
(1) 
A license may be revoked by the code official due to the following:
(A) 
Failure to permit an inspection required under this article.
(B) 
Repeated violations of this article or the building code.
(C) 
Maintaining the residential rental property in a manner that constitutes a public nuisance.
(D) 
Repeated calls for service to the residential rental property due to alleged criminal activity.
(2) 
To revoke a license, the city must send written notice of the city’s intent to revoke the license not less than 30 business days prior to the date of revocation. The notice shall include:
(A) 
A clear statement of the reason the city intends to revoke the license;
(B) 
The date the revocation will become effective, which will not be less than 30 business days from the date written; and
(C) 
A statement that the license holder may file a written appeal of the proposed revocation to the city council within five business days of the date of the notice in accordance with section 5.03.010.
(b) 
Denial.
(1) 
A license may be denied by the code official due to the following:
(A) 
Failure to permit an inspection required under this article.
(B) 
Repeated violations of this article or the building code.
(C) 
Maintaining the residential rental property in a manner that constitutes a public nuisance.
(D) 
Failure to pay all applicable taxes and utility bills.
(E) 
Repeated calls for service to the residential rental property due to alleged criminal activity.
(2) 
If the city refuses to issue a license, the city will give written notice of the denial to the applicant as soon as reasonably possible, but not more than five business days after the decision is made to deny the license. The written notice will include:
(A) 
A clear statement of the reason for the city’s denial; and
(B) 
A statement that the applicant may appeal the denial of the license to the city council by filing a written notice of appeal in accordance with section 5.03.010.
(c) 
Nonrenewal.
(1) 
A license may be denied by the code official due to the following:
(A) 
Failure to permit an inspection required under this article.
(B) 
Repeated violations of this article or the building code.
(C) 
Maintaining the residential rental property in a manner that constitutes a public nuisance.
(D) 
Failure to pay all applicable taxes and utility bills.
(E) 
Repeated calls for service to the residential rental property due to alleged criminal activity.
(2) 
If the city refuses to renew a license, the city will give written notice of the intention to not renew within 30 calendar days of the date of the expiration of the license, or no later than five business days after the date the application is submitted for renewal. The written notice will include:
(A) 
A clear statement of the reason for the city’s determination not to renew the license; and
(B) 
A statement that the applicant may appeal the nonrenewal of that license by filing a written notice of appeal in accordance with section 5.03.010.
(1998 Code, sec. 34-158; Ordinance 200895, sec. 2 (34.158), adopted 8/19/08; 2013 Code, sec. 12-142)
(a) 
An owner may appeal the denial, revocation or nonrenewal of a rental registration license by filing a written request for a hearing with the city secretary within five calendar days following the denial, nonrenewal or revocation of such license. If a request for a hearing is received, a hearing shall be held within 20 calendar days of the city’s receipt of that request.
(b) 
The hearing shall be held before the city council.
(c) 
The city, the person appealing, and any other interested party may present evidence and argument.
(d) 
After completion of the hearing, the city council will render a written decision on the appeal that includes a summary of the evidence that supports the decision. A copy of the written decision will be provided to the person filing the appeal and shall be a public record subject to the Public Information Act.
(1998 Code, sec. 34-159; Ordinance 200895, sec. 2 (34.159), adopted 8/19/08; 2013 Code, sec. 12-143)
(a) 
It is an affirmative defense to prosecution that the single-family dwelling unit was rented for a period of less than six months to a person who was the immediate past owner of the dwelling unit or who will be the immediate next owner of the dwelling unit.
(b) 
It is an affirmative defense that the dwelling unit is owner-occupied and the owner of the property rents a single room to a solitary person unaffiliated by blood or marriage.
(c) 
It is an affirmative defense that, within the proceeding [preceding] five years, the apartment complex or multi-family dwelling unit was constructed and issued a certificate of occupancy that has not been revoked.
(1998 Code, sec. 34-161; Ordinance 200895, sec. 2 (34.161), adopted 8/19/08; 2013 Code, sec. 12-144)