Chapter 5.06
RENTAL HOUSING
Sections:
5.06.030 Permit – Application.
5.06.040 Permit – Investigation.
5.06.050 Permit – Grant or denial.
5.06.055 Procedure for inspections.
5.06.060 Permit – Suspension or revocation – Grounds.
5.06.080 Violation and penalty.
5.06.010 Definitions.
The following words and phrases when used in this chapter shall have the meanings hereinafter respectively ascribed to them:
A. “Boarding and rooming house” means a lodging house or other building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole or any part of the public, whether with or without meals. Such places shall include all buildings or structures which provide sleeping and living accommodations to three or more persons unrelated to the operator, which are not otherwise licensed under this title as an apartment house, hotel or motel.
B. “Dwelling” means a building or portion thereof designed for residential purposes and approved by the city and improved with full utility services including connection to a public sewer or private septic tank. “Dwelling” includes single-family dwellings, two-family dwellings and multiple dwellings.
C. “Rental housing” means a building, dwelling, or structure advertised or held out to the public for rent or lease for sleeping or living accommodations. Rental housing includes boarding houses, rooming houses, apartment houses, dwellings, hotels and motels. (Ord. 10-1980 § 1, 2012.)
5.06.020 Permit – Required.
Every person engaged in the business of renting, leasing, maintaining or conducting rental housing, regardless of the number of rental housing units, shall first obtain an annual inspection permit and pay an annual inspection and regulatory fee as established by resolution of the city council. The annual inspection and regulatory fee shall be in addition to and separate from any business license tax otherwise due pursuant to Chapter 5.04 CMC and shall be used solely to finance the cost of registration, inspection and enforcement of this chapter. (Ord. 10-1980 § 1, 2012.)
5.06.030 Permit – Application.
Applications shall be submitted upon forms furnished by the finance director and shall be signed by the applicant. In addition to any other information which may reasonably be required by the finance director, the applicant shall show the true name of the applicant, his/her fictitious name or names, if any, his/her present residence address, his/her proposed business address in the city, the name under which the applicant conducted any similar business, if any, and the place of his/her residence at such time. (Ord. 10-1980 § 1, 2012.)
5.06.040 Permit – Investigation.
The building official, health officer, police chief, fire chief and city planner, within the jurisdiction and duties of their particular departments, shall ascertain whether or not the premises to be used comply with applicable laws, ordinances and regulations concerning such premises. A report of the investigations required hereby along with the application and any recommendations made shall be referred to the finance director for action thereon. (Ord. 10-1980 § 1, 2012.)
5.06.050 Permit – Grant or denial.
A. The finance director shall review the application, investigation reports and recommendations and shall deny the permit if he or she finds any of the following to be true:
1. That any of the information on the application has been deliberately falsified.
2. That the required inspection and regulatory fee has not been paid.
3. That the premises do not comply with all applicable laws, ordinances and regulations concerning such premises.
B. If the finance director finds that there are no grounds for denial, he or she shall issue the permit. He or she may attach to such permit any conditions which are reasonably related to the grant in order to ensure that the public health, safety and general welfare are protected.
C. A rental housing inspection permit shall not preclude and the city may conduct subsequent inspections from time to time after issuance of a permit to ensure that the premises continue to be in compliance with all applicable laws, ordinances and regulations. Such inspections may be conducted pursuant to a regular inspection schedule or upon complaint received by the city. (Ord. 10-1980 § 1, 2012.)
5.06.055 Procedure for inspections.
The following procedures shall be followed for all initial and subsequent inspections:
A. Exterior Inspection. The city may inspect the exterior of rental housing at any time and without notice to the owner or tenants, provided the inspection is limited to what may be observed from the public right-of-way or from any property accessible to the general public (i.e., front yard).
B. Pre-Inspection Notice for Inspection of Interior Common Areas. Where the exterior inspection provided for in this chapter reveals evidence of possible violations within an interior common area of rental housing, the city may make an inspection of the interior common area. Prior to conducting an inspection of the interior common areas of rental housing (those areas generally limited to the owner, tenants, and their guests), the city shall give not less than five calendar days’ prior written notice to the owner and to the tenants of the date and time of the inspection. The city may provide written notice to the owner and tenants by mail or by the posting of the official notice in a common area of the premises. Prior notice to inspect shall not be required if (1) the inspection is based upon a complaint lodged with the city or (2) to determine whether a violation of this code exists which poses an immediate threat to public health or safety. Such inspection may include, but not be limited to, all hallways, stairways, lobbies, utility rooms, laundry rooms, storage rooms, recreation rooms, grounds, refuse areas, parking areas, building extensions, signs and other areas designated as common areas for the purpose of locating any violations of state or city laws, ordinances and regulations.
C. Pre-Inspection Notice for Interior Inspection of Rental Housing Units. Where the exterior or interior common area inspection provided for in this chapter reveals evidence of possible interior violations within a rental housing unit, the city may make an interior inspection of the unit. If the unit is occupied, the city official shall first present proper credentials to the tenant/occupant and request consent to enter, explaining the reasons for the interior inspection. If the unit is unoccupied, the city official shall first make a reasonable effort to locate the owner, occupant, or other person having charge or control of the unit and, if found, request consent to enter, explaining the reasons for the interior inspection. The city shall be authorized to inspect the interior of any rental housing unit for the purpose of enforcing state or city laws, ordinances and regulations only if:
1. Such inspection is at the request of or with the consent of the owner (if unoccupied) or tenant/occupant (if occupied);
2. Pursuant to an inspection warrant or other court order; or
3. Reasonable cause exists that the rental housing unit is so hazardous, unsafe, substandard or dangerous as to require immediate inspection without consent or a warrant to safeguard the public health or safety.
D. Post-Inspection Notice After Interior Inspection of Rental Housing Units. If an interior inspection of a rental unit is conducted, the city shall provide written notice to the tenant/occupant in each rental housing unit inspected pursuant to this chapter which, at a minimum, shall state that an inspection occurred and shall provide the address and telephone number where the tenant/occupant can get further information about the inspection. This notice may be provided by leaving it in the unit, by posting it at the premises, or by mailing by first class mail to the tenant/occupant or, if the unit appears unoccupied, to the owner. (Ord. 10-1980 § 1, 2012.)
5.06.060 Permit – Suspension or revocation – Grounds.
A. Based upon evidence provided to the finance director, the city shall suspend or revoke a permit if it finds any of the following:
1. That the permittee has failed to comply with the conditions attached to the permit.
2. That the permittee has violated any of the standards or regulations of this title.
3. That the permittee, or premises involved, is in violation of applicable sections of state law or this code relating to the conduct of his or her business or maintenance of the premises.
B. No permit shall be revoked until after a hearing has been held before the city manager to determine just cause for such revocation; provided, however, that the finance director may order any permits suspended pending such hearing, and it is unlawful for any person to operate rental housing until the suspended permit has been reinstated by the city manager.
C. Notice of such hearing shall be given in writing and served at least five calendar days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such permit or against the business being conducted at the permitted premises, and shall state the time and place where such hearing will be held.
D. The notice shall be served upon the permit holder by delivering the same to such person or by leaving such notice at the place of business or residence of the permit holder in the custody of a person of suitable age and discretion. In the event the permit holder cannot be found and the service of such notice cannot be made in the manner herein provided, a copy of such notice shall be mailed, postage fully prepaid, addressed to the permit holder at his place of business or residence, at least five calendar days prior to the date of such hearing. (Ord. 10-1980 § 1, 2012.)
5.06.070 Appeal.
A. Any person aggrieved by the grant, denial, suspension or revocation of a permit may appeal that decision by filing a written notice of such appeal and the grounds therefor with the city clerk within 10 calendar days after the decision. Upon receipt of the appeal, the matter shall be set for review by the city council. No rights shall be exercised under any permit until the city council’s decision.
B. In considering and ruling upon any appeal of the petitioner, the city council shall judge the merits of the appeal based upon those grounds set forth in CMC 5.06.050 and 5.06.060.
C. The city council may reverse or affirm wholly or partly or may modify any decision, determination, or requirement of the finance director and city manager and may make such decisions or determinations or impose such conditions as the facts warrant, and may order that a permit be granted, denied, suspended or revoked in accordance with their ruling. The decision of the city council shall be final. Any hearing may be continued from time to time. (Ord. 10-1980 § 1, 2012.)
5.06.080 Violation and penalty.
A. Every person who engages in the business of maintaining or conducting a rental housing unit without first obtaining a permit and paying an annual fee to do so to the city or who violates any provision of this title is guilty of a misdemeanor.
B. Any rental housing unit operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in the manner provided by law; and shall take other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such rental housing unit and restrain and enjoin any person from operating, conducting or maintaining rental housing contrary to the provisions of this chapter. (Ord. 10-1980 § 1, 2012.)