Chapter 15.06
RENTAL PROPERTY REGULATIONS
Sections:
15.06.040 Inspection of rental housing units.
15.06.050 Complaint based inspection.
15.06.060 Procedure upon issuance of notice of violation.
15.06.070 Compliance standards.
15.06.080 Remedies in this chapter not exclusive.
15.06.010 Intent.
The purpose of this chapter is to develop and implement a rental housing inspection system to help ensure that rental housing in the city meets minimum standards for habitability as defined by the housing code adopted by the city and to protect, preserve and promote the well-being of the residents of the city. It is also the intent to develop a program wherein tenants and members of the city staff are able to contact rental property managers or agents in the event of emergencies or need to make repairs to their buildings. (Ord. 1995-8 § I)
15.06.020 Definitions.
For the purpose of this chapter, the following terms are defined herein.
“Building official” means the officer or other designated authority charged with the administration and enforcement of this chapter, or the Building Official’s duly authorized agent.
“Condominium” means a form of property ownership of airspace, as defined in Section 38-33-103, CRS, and a “townhome” shall be treated similarly.
“Dwelling” means any building or portion thereof which provides shelter for human habitation or residential purposes.
“Dwelling unit” is one or more habitable rooms which contain living facilities, including provisions for sleeping, eating, cooking and sanitation.
“Housing code” for the purposes of this chapter shall mean the most current edition of the Uniform Housing Code adopted by the city of Glendale.
“Operator” means any person who is an owner, is an owner’s representative, has charge of, or controls any dwelling or parts thereof.
“Owner” means any person who alone or jointly or severally with others:
1. Has a legal or equitable interest in a dwelling unit, with or without accompanying actual possession thereof; or
2. Acts as the agent of a person having legal or equitable interest in a dwelling or dwelling unit thereof; or
3. Is the general representative or fiduciary of an estate through which a legal or equitable interest in a dwelling or dwelling unit is administered.
“Rental agent” means the natural person involved in and responsible for the management and maintenance of the rental property.
“Rental property” means all dwellings, dwelling units and rooming units located within the city which are rented or leased for any valuable consideration. (Ord. 1995-8 § II)
15.06.030 Applicability.
A. The provisions of this chapter shall apply to all rental properties and dwelling units in the city of Glendale, including rented single-family dwellings, apartments, and rented dwelling units in condominium and townhome complexes.
B. The provisions of this chapter shall not apply to:
1. Hotels, motels, jails, nursing homes and hospitals; or
2. A dwelling unit that constitutes the owner’s principle residence. (Ord. 1995-8 § III)
15.06.040 Inspection of rental housing units.
A. Within one year of the effective date of the ordinance codified in this chapter the city Building Official shall inspect every rental dwelling unit present in the city of Glendale except as otherwise provided herein. Rental dwelling units built less than three (3) years prior to or those built after the effective date of the ordinance codified in this chapter shall be inspected three (3) years from the date of the issuance of the certificate of occupancy.
B. The Building Official shall notify the property owner, operator or rental agent at least thirty (30) days in advance of the city’s intent to perform an inspection of the property. The property owner, operator or rental agent shall then notify all of the tenants in the building and obtain access into each dwelling unit for the purpose of performing the inspection. Such notice to the tenants shall be given a minimum of twenty (20) days prior to the scheduled inspection. The owner shall also post a notification of the scheduled inspection at least forty-eight (48) hours before the scheduled inspection. Such posting shall be done in an area available and used by the tenants on a daily basis.
C. The Building Official shall inspect every rental dwelling unit in a building to determine compliance with the housing code as adopted by the city. A checksheet based on the housing code shall be developed by the Building Official for the performance of the inspections. Such checklist shall be included with the notice of inspection outlined above. In buildings where ten (10) or more rental dwelling units are under the common ownership and located in the same building; and the Building Official has inspected at least twenty percent of the total units selected at random and common areas; and it is found that the units and common areas that have been inspected are in substantial compliance with the housing code; the Building Official may approve the remainder of the building at his or her discretion without inspecting the remainder of the building.
D. After inspection of the rental dwelling units and the common areas, the Building Official shall send the owner and rental agent a report indicating the result of the inspection within ten (10) days of the inspection. If the building complies with the housing code, the building will not be required to be reinspected for another three (3) years, unless a complaint is received as outlined below. If the building is not in compliance with the housing code, a notice of violation shall be issued as outlined below.
E. Within thirty (30) days after the effective date of the ordinance codified in this chapter, the owner of each rental property shall provide to the city the information set forth in this subsection. The owner of any new rental property must comply with these provisions prior to issuance of a certificate of occupancy.
1. Name, residence address, business address, and telephone number of the owner of the building. If the owner is a partnership, the name of the partnership, and the name, residence and business address of the managing partner shall be provided; and if the owner is a corporation, the name and address of the corporation, and the name and address of the chief operating officer shall be provided.
2. The name, residence address, business address, and telephone number of the registered agent appointed and authorized by the owner to accept service of process and to receive and give receipt of notices.
3. The name, residence address, and telephone number of the rental agent or operator, whether the owner is an individual, partnership or corporation. A P.O. box is not acceptable as an address for such person. The agent/operator may also be the owner.
F. Buildings having ten (10) or more rental dwelling units under common ownership shall have the name and working twenty-four (24) hour telephone number of an operator or rental agent responsible for responding to or coordinating response for emergency situation posted in the building. Such information shall be posted in a visible common area accessible to all tenants, twenty-four (24) hours a day. (Ord. 1995-8 § IV)
15.06.050 Complaint based inspection.
A. Nothing in this chapter shall preclude any person from filing a complaint with the Building Official if that person feels that there is a violation of the housing code. Such complaint may be made in writing or verbally.
B. The Building Official shall notify the building owner, operator or rental agent that a complaint has been filed and that the building will be inspected to determine the validity of the complaint. Such inspection shall be made within ten (10) days from the receipt of the complaint. If after inspecting the area in question, the Building Official determines that there is a violation of the housing code, a notice of violation as outlined below shall be delivered to the owner of the building within ten (10) days. If the inspection reveals that there is no violation of the housing code, the Building Official shall notify the complainant and the owner, operator or rental agent of their findings.
C. If the Building Official finds that there are an excessive amount of violations of the housing code found during a complaint-based inspection, an inspection of the remainder of the units and common area in a rental property may be conducted. The results of the inspection shall be given to the owner and rental agent as outlined in Section 15.06.040(A) of this chapter. (Ord. 1995-8 § V)
15.06.060 Procedure upon issuance of notice of violation.
A. Upon completion of an inspection of a rental dwelling unit, the Building Official shall create a report outlining the violations of the housing code or zoning ordinance. The report shall include the following information:
1. The location of the violation;
2. The nature of the violation;
3. The section of the code related to the violation;
4. A reasonable date for the correction of the violation to be made.
B. A notice of violation issued under this chapter shall not affect the occupancy of the rental property during the period of time allowed for correcting the alleged violations. However, if the violations, in the opinion of the Building Official, create an imminent hazard to the public health or the physical or mental health of the occupants of the rental property, the Building Official may issue a summons and complaint as outlined below, and/or designate the rental property as unfit for human habitation and follow the procedures for notice and vacation as set forth in the housing code. The temporary authority granted herein expires upon the date prescribed for correction of the violations, unless extended by the Building Official, or the operator has appealed the notice of violation as outlined in the housing code, or both.
C. The Building Official shall reinspect rental property for which a notice of violation was issued within ten (10) days after the time for correction given in such notice. If the rental property complies with the provisions of the housing code, the Building Official shall issue a report as prescribed in Section 15.06.040A of this chapter. If the rental property does not comply with the provisions of the housing code, the Building Official may issue a summons and complaint as outlined below.
D. Any person, firm or corporation violating any provisions of this chapter or failing, neglecting or refusing to obey any final order of the Building Official may be issued a summons and complaint to appear in the Glendale Municipal Court. Upon conviction of any such violation, such person, firm or corporation shall be punished as provided in Section 1.16.010 for each violation. The city reserves the right to take further legal action as it deems appropriate.
E. In addition to all other remedies and penalties provided by this section, the Building Official, upon a finding made by him of immediate threat to public health or safety, or to the health or safety of any person, may order the immediate correction of listed violations in a written order. Such violations shall be corrected by the property owner within such period of time as established in the notice, which shall be hand delivered to the owner or posted upon the property and which notice shall be effective upon such posting or hand delivery. In the event the owner shall fail to correct such conditions within the time permitted by the notice, the city and its authorized officers and agents may enter the affected property for the purpose of correcting or contracting for the correction of any of the listed violations. The cost of such correction shall be assessed against the property, and if remaining unpaid subsequent to thirty (30) days after such assessment, shall be a lien upon the property and may be collected by the city pursuant to Section 3.26.010 of this code in the same manner as provided for the collection of taxes, or by any other lawful means. (Ord. 2019-1 § 2 (part); Ord. 1998-13 §§ 2, 3; Ord. 1995-8 § VI)
15.06.070 Compliance standards.
The following minimum standards and conditions shall be met in order to continue the occupancy of a rental property under this chapter.
A. No rental property unit shall be over-occupied or illegally occupied or be in any other way in violation of the zoning regulations or the housing code;
B. The rental property shall not be under condemnation as hazardous or unfit for human habitation under the housing code or a state statute;
C. The owner, operator, or rental agent shall not maintain the property in such a manner as to classify the property as a nuisance. (Ord. 1995-8 § VII)
15.06.080 Remedies in this chapter not exclusive.
The remedies provided in this chapter are not exclusive. They are in addition to, and do not supersede or preempt, other remedies such as condemnation, written violation orders and warnings, criminal charges for violation of substantive provisions of any city or state codes relating to housing maintenance, fire safety, building codes, zoning, health, and the like. Further, the remedies in this chapter do not supersede or affect the legal rights and remedies of tenants provided under state law or city of Glendale ordinances. (Ord. 1995-8 § VIII)
15.06.090 Notices.
Whenever a notice is required to be sent to or served upon the owner of a rental property under this chapter, notice shall be deemed sufficient if sent by first class mail to the owner based on the information obtained in Section 15.06.040 of this chapter. (Ord. 1995-8 § IX)