The City Council finds that the establishment of a Residential Rental Business License and Inspection Program for rental units is necessary to protect the public health, safety and welfare by ensuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions, and by preventing conditions of deterioration and blight that could adversely impact the quality of life in the City of Tukwila.
(Ord. 2281 § 1 (part), 2010)
Unless specifically defined below, words or phrases used in this chapter shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application.
1. 
"Accessory dwelling unit" or "ADU"
means a unit that meets the requirements of Table 18-6, Note 17, of TMC Title 18.
2. 
"Applicable laws"
include, but are not limited to, the City’s housing code, the City zoning ordinance and other City ordinances, and other laws or regulations relating to the health and safety of City residents or the general public.
3. 
"Certificate of compliance"
means the certificate issued by the City evidencing compliance with the requirements of this chapter. A Certificate of Compliance is required before a unit can be rented.
4. 
"Code official"
means the Department of Community Development Director or his/her designee.
5. 
"City"
means the City of Tukwila, Washington.
6. 
"Deficiency"
means any failure by a rental unit to comply with applicable laws.
7. 
"Department"
means the City of Tukwila Department of Community Development.
8. 
"Inspection checklist"
means the document submitted to the City as the result of an inspection conducted by an inspector which shows the true condition of the unit. An Inspection Checklist must be signed and dated by the inspector.
9. 
"Inspector"
means:
a. 
A City building code inspector;
b. 
A City code enforcement officer;
c. 
A private inspector, approved by the City upon evidence of at least one of the following credentials: A.A.C.E. Property Maintenance and Housing Inspector certification, I.C.C. Property Maintenance and Housing Inspector certification, or I.C.C. Residential Building Code Inspector;
d. 
A Washington State licensed architect; or
e. 
A Washington State licensed home inspector.
10. 
"Non-City inspector"
means any inspector meeting the criteria in Section 5.06.020 who is not a City code official.
11. 
"Occupant"
means an individual, partnership, corporation or association, or agent of any of them lawfully residing in a unit.
12. 
"Owner"
means the owner of record as shown on the last King County tax assessment roll or such owner’s authorized agent.
13. 
"Rental inspection deficiency point system"
means the point system used by inspectors to evaluate whether a rental unit is in compliance with the requirements of this chapter.
14. 
"Rental unit"
means a unit occupied or leased by a tenant.
15. 
"Single-family residence"
means a building, modular home, or new manufactured home designed to contain no more than one dwelling unit, plus one accessory dwelling unit.
16. 
"Tenant"
means any adult person granted temporary use of a rental unit pursuant to a lease or rental agreement with the owner of the rental unit.
17. 
"Unit"
means any structure or part of a structure, which is used as a home, residence or sleeping place by one or more persons, including but not limited to, single-family residences, duplexes, tri-plexes, four-plexes, multi-family dwellings, apartment buildings, condominiums, mobile homes and similar living accommodations.
18. 
"Unit unavailable for rent"
means a unit whose owner has filed with the code official a statement signed under penalty of perjury that such unit is not offered or available for rent as a rental unit and that prior to offering or making the unit available as a rental unit, the owner will apply for a Residential Rental Business License and comply with any applicable administrative regulations adopted pursuant to this chapter.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 1, 2014; Ord. 2519 § 1, 2016)
The provisions of this chapter shall apply to all rental units, with the exception of:
1. 
Owner-occupied rental units;
2. 
Units unavailable for rent;
3. 
Housing accommodations in hotels, motels, inns or tourist homes;
4. 
Housing accommodations in retirement or nursing homes;
5. 
Housing accommodations in any hospital, State-licensed community care facility, convent, monastery or other facility occupied exclusively by members of a religious order or an extended medical care facility;
6. 
Housing accommodations that a government unit, agency or authority owns, operates or manages, or which are specifically exempted from municipal regulation by State or federal law or administrative regulation. This exception shall not apply once the governmental ownership, operation or management regulation is discontinued.
(Ord. 2281 § 1 (part), 2010)
A. 
Every rental unit owner shall obtain an annual residential rental business license, pursuant to Title 5 of the Tukwila Municipal Code, prior to operating, leasing or causing to be leased a rental unit. Rental unit owners must file a written application annually with the Department for each rental location to be leased. To be considered for approval, residential rental business license applications must be complete and include:
1. 
Completed and signed Residential Rental Business License Application provided by the City.
2. 
Appropriate application fee as set forth in the fee schedule adopted by resolution of the City Council. Late fees will be due for applications filed March 1st or later.
3. 
For multi-family buildings with 2 or more units, documentation of an ongoing integrated pest management (IPM) program. This could be provided by a property manager trained in IPM or a contract with a pest control company.
B. 
Failure to obtain a residential rental business license will result in the inability to rent the unit.
(Ord. 2281 § 1 (part), 2010; Ord. 2519 § 2, 2016)
A. 
The property owner is responsible for obtaining an inspection of each rental unit and submitting the Inspection Checklist to the code official no later than September 30 of the year the Certificate of Compliance expires.
B. 
When a unit changes from owner occupancy to a rental, the inspection must occur before the unit is occupied by the tenant. An inspection is not required the year a Certificate of Occupancy is issued for a newly-constructed building, and thereafter the building will be inspected according to the quadrant in which it is located.
C. 
Owners of complexes with 5 or more units are required to utilize a non-City inspector. Owners of rental properties with fewer than 5 units may utilize a City inspector or a non-City inspector. Non-City inspectors must meet the qualifications defined herein, be preapproved by the City, and may not have a financial interest in the property. The City shall provide the Inspection Checklist to the owner with the application form.
D. 
The code official shall issue a Certificate of Compliance for rental units that comply with applicable laws based on a submitted Inspection Checklist. If using a non-City inspector, the owner shall be responsible for making the inspection arrangements with the non-City inspector.
E. 
The code official shall audit Inspection Checklists submitted by private inspectors and based on audit results may reinspect units on that property or inspected by that inspector.
F. 
Submittal of an Inspection Checklist that the owner knows or should have known is false may result in revocation of the residential rental business license and penalties defined in TMC Section 5.06.200.
G. 
An Inspector may be removed from the City’s approved list for reasons including, but not limited to:
1. 
Submittal of an Inspection Checklist that the inspector knows or should have known is false.
2. 
Conviction for any crime that occurs in connection with an inspection.
3. 
Failure to hold a valid Tukwila business license.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 2, 2014; Ord. 2519 § 3, 2016; Ord. 2600 § 1, 2018)
Owners shall make every effort to make units available for inspection pursuant to this chapter. If the owner fails to arrange for a non-City inspector and/or the owner or occupants do not consent to City entry for inspection, the code official may not force or otherwise attempt to gain entry except in accordance with a court warrant authorizing entry for the purpose of inspection.
(Ord. 2281 § 1 (part), 2010)
A. 
The code official shall prepare and shall keep on file for public inspection the rental inspection deficiency point system used in the point calculation procedure set forth herein. The code official shall assign points according to the severity of each code violation on a scale of 1 to 25. Except when otherwise provided by State law, conditions in the design or structure of a building such as, but not limited to, the size and dimension of rooms and windows and the electrical and plumbing systems that were legal under existing codes when built, shall not be violations as long as they are maintained in good repair. A violation noted during the inspection shall receive the assigned point value.
B. 
A rental unit shall be considered unfit for occupancy if it fails an inspection by 25 points or more.
(Ord. 2281 § 1 (part), 2010)
As a condition of the issuance of a residential rental business license, the owner shall provide a completed Inspection Checklist signed by the inspector showing the current condition of the rental unit. The code official shall issue a Certificate of Compliance upon receipt of the inspection results indicating compliance with the applicable laws pursuant to this chapter.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 3, 2014)
Items to be inspected are weighted according to a point system established by the City. Accrual of 25 points or more for deficiencies constitutes a failure of the inspection and requires correction. The inspector shall provide the owner and the City written notice of each deficiency disclosed by inspection. A Certificate of Compliance shall not be issued until the Inspection Checklist indicates a score of less than 25 points. Repairs required to bring the unit into compliance are the responsibility of the owner. Rental units shall be subject to re-inspections pursuant to TMC Section 5.06.110.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 4, 2014)
If an inspection of a rental unit conducted pursuant to this chapter reveals deficiencies of 25 points or more on the Inspection Checklist, the violation must be cured within 30 days. If upon re-inspection, the unit reveals deficiencies of 25 points or more, the City’s code official may seek any remedies permitted by law including, but not limited to, denial or revocation of a residential rental business license for that unit pursuant to Title 5 of the Tukwila Municipal Code, and abatement proceedings pursuant to Chapter 8.45 of the Tukwila Municipal Code. The City may seek legal or equitable relief to enjoin any act or practice that constitutes or will constitute a violation of any regulation under this chapter.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 5, 2014)
A rental unit that exhibits deficiencies of 25 points or more on the Inspection Checklist shall be subject to a re-inspection and re-inspection fee as set forth in the City’s fee schedule adopted pursuant to this chapter.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 6, 2014)
If, upon re-inspection, the inspector determines a rental unit is unfit for occupancy by failing an inspection by 25 points or more, the City shall provide the owner with written notice of non-issuance of Certificate of Compliance. Such notice shall specify the date of the non-issuance determination, the rental unit address, the name of the owner, the name of the inspector and the specific reasons for the non-issuance determination. Failure to obtain a Certificate of Compliance will result in the non-issuance or revocation of the rental business license for that unit. The unit shall be posted Unfit for Occupancy. Tenants, if any, shall be required to vacate. Relocation Assistance pursuant to TMC Chapter 8.46 may apply.
(Ord. 2281 § 1 (part), 2010)
Certificate of Compliance shall specify the date of issuance, the rental unit address, the name of the owner to whom the certificate is issued, the expiration date of the Certificate, and an indication the rental unit complies with applicable laws as far as could be determined by inspection.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 7, 2014)
Certificates of Compliance expire on December 31, four years from the date of issuance by the City. Failure to renew the Certificate of Compliance every four years shall result in the non-issuance or revocation of the rental business license for that unit. Rental properties that are registered and continue to meet all the requirements of the City’s Crime-Free Rental Housing Program, or other City-administered program to certify rental properties as working proactively at crime prevention, may extend their required rental inspection schedule to once every 8 years. If participation in such program is terminated due to failure to meet program requirements or for any other reason, the rental inspection shall be due at the end of the calendar year of the year of termination or 4 years from the last inspection, whichever is later. Furthermore, if a property registered in the Crime-Free Rental Housing Program, or any other City-administered program to certify rental properties as working proactively at crime prevention, is the subject of 3 or more code violation complaints verified by the City in any 6-month period for violations affecting the habitability of a residential unit, the property will revert to a 4-year inspection cycle.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 8, 2014; Ord. 2519 § 4, 2016)
All notices issued pursuant to this chapter shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner and occupants shall be mailed by first-class mail to the owner’s last known address as it appears in the records of the county assessor or other address provided by the owner.
(Ord. 2281 § 1 (part), 2010; Ord. 2459 § 9, 2014)
The code official shall be responsible for enforcement and administration of this ordinance.
(Ord. 2281 § 1 (part), 2010)
Nothing contained herein shall prevent or restrict the authority of the City’s code official to inspect any unit or premises thereof in response to a complaint alleging code violations or other violations of law at such unit and to pursue all code enforcement remedies available under this code or other laws following such a complaint-based inspection of a unit.
(Ord. 2281 § 1 (part), 2010)
Nothing in this chapter shall be construed to prohibit an owner from voluntarily requesting an inspection to determine whether a rental unit complies with applicable laws, even though such inspection may not be required pursuant to this chapter. Such voluntary inspection requests shall be subject to all of the provisions of this chapter including, but not limited to, the provisions governing applications and fees.
(Ord. 2281 § 1 (part), 2010)
A. 
Violations of the provisions of this chapter shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation in accordance with TMC Section 8.45.070.
B. 
Any violation of this chapter that constitutes an immediate health or safety threat shall constitute a public nuisance.
C. 
In addition to penalties, the City shall not issue or shall revoke the unit’s business license and require that the unit be vacated until the unit is brought into compliance.
(Ord. 2281 § 1 (part), 2010; Ord. 2549 § 3, 2017)
A. 
The owner may appeal the non-issuance of a Certificate of Compliance by filing a written notice of appeal with the City Clerk within 10 calendar days following receipt of the notice of non-issuance. The notice of appeal must state the grounds for appeal, including a detailed explanation of why the decision was incorrect. The notice of appeal must be accompanied by an Appeal Fee in accordance with the fee schedule adopted by resolution of the City Council. A timely notice of appeal shall stay the effect of the notice of non-issuance until the City’s Hearing Examiner or other hearing body issues a written decision on the appeal.
B. 
Upon timely filing of a notice of appeal, the Finance Director shall schedule a hearing on the appeal before the City’s Hearing Examiner or other hearing body. The hearing shall be conducted no later than 30 business days from the date of the notice of appeal, unless an extension is agreed to by the appellant or otherwise ordered by the Hearing Examiner or other hearing body for good cause shown. Notice of the hearing will be mailed to the owner.
C. 
The hearing shall be de novo. The decision of the City’s Hearing Examiner or other hearing body shall be based upon a preponderance of the evidence. The burden of proof shall be on the appellant. The Hearing Examiner or other hearing body may affirm, reverse or modify the Finance Director’s decision.
D. 
Within 20 business days, excluding holidays recognized by the City of Tukwila, from the date of the hearing on an appeal under this section, the Hearing Examiner or other hearing body shall issue a written decision, which shall set forth the reasons therefor.
(Ord. 2281 § 1 (part), 2010; Ord. 2496 § 7, 2016)
The code official shall conduct an annual review of the Residential Rental Business License and Inspection Program and shall submit an annual report of the program’s effectiveness to the City Council.
(Ord. 2281 § 1 (part), 2010)
Nothing in this ordinance shall limit the City’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat.
(Ord. 2281 § 1 (part), 2010)
By enacting and undertaking to enforce this program, the City, City Council, its agents and employees do not warrant or guarantee the safety, fitness or suitability of any dwelling in the City or any unit inspected under this program. Owners and occupants should take whatever steps they deem appropriate to protect their interests, health, safety and welfare.
(Ord. 2281 § 1 (part), 2010)