Chapter 5.64
RENTAL HOUSING
Sections
5.64.030 Landlord – Duties – Notice by police chief – Infraction.
5.64.040 Assistance – Request – Provision.
5.64.050 Violations – Infraction – Proceedings – Appeals.
5.64.010 Findings.
(1) The citizens of the city have a right to safe rental housing and the city should assist rental property owners and managers to reduce the occurrence of criminal conduct on rental properties. The Des Moines city council finds that it is a reasonable exercise of its police powers to require rental property owners to take reasonable steps to prevent the use of rental property for criminal purposes, and that rental property owners should be penalized in the event they take no action to discourage crime from recurring on their rental properties. The Des Moines city council further finds that increased cooperation between property owners, tenants and the Des Moines police department is integral in reducing such crime.
(2) Existing city laws have proven ineffective in encouraging rental housing property owners who have criminal activity occurring on their property to take the proper steps necessary to help the Des Moines police department in stopping crime.
(3) This chapter has been developed to give the Des Moines police department and rental housing property owners the tools necessary to maintain and improve the safety, quality and appearance of the rental properties they own, and therefore, provide a safer living environment for renters and for the surrounding community.
(4) Enforcement of this chapter through issuance of civil infraction notices as provided in chapter 7.80 RCW and chapter 1.24 DMMC as presently constituted or subsequently amended will use procedures with which the Des Moines police department and the Des Moines municipal court are accustomed. The Des Moines municipal court will conduct hearings on infractions, with a police officer presenting evidence in support of the infraction notice. As provided by RCW 7.80.090, an assistant city attorney may, but need not, appear on behalf of the city. It is anticipated that most cases will not require appearance by an assistant city attorney. [Ord. 1477 § 1, 2010.]
5.64.020 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Criminal conduct” means reasonable and articulable suspicion by a sworn law enforcement officer that:
(a) A “most serious offense” has occurred as defined in RCW 9.94A.030;
(b) Drug-related activity pursuant to RCW 59.18.130 and/or chapter 9.12 DMMC has occurred on the rental property;
(c) Furnishing liquor to persons under 21 years of age or furnishing to a premises of persons under 21 years of age to consume liquor pursuant to RCW 66.44.270(1) has occurred on the rental property.
(3) “Landlord” means:
(a) The owner, lessor or sublessor of the dwelling unit, or the rental property of which it is a part, and a person designated as a representative of the landlord;
(b) A person or business entity such as a corporation, limited liability corporation, partnership, or agency that owns, operates, or manages rental housing or rental property; and
(c) A person, designated by the landlord, who has authority to sign a lease or rental agreement.
(4) “Police department” means the Des Moines police department or a law enforcement officer who has general authority or limited authority, or a specially commissioned Washington State peace officer, or any federal peace officer, as those terms are defined by chapter 10.93 RCW.
(5) “Reasonable steps to reduce the likelihood that criminal conduct will recur on the property” means that the landlord reports criminal conduct that occurs on the property whenever the commission of criminal conduct on the rental property is known or suspected, and that the landlord takes steps to prevent the recurrence of crime, which may include, but are not limited to, one of the following:
(a) The landlord and on-site managers of the rental property show proof of attendance in at least a three-hour landlord training class. Training may be provided by local police departments, rental housing associations, on-line training or any other training program approved by the Des Moines police department. The training must be about rental property management, crime-free properties, tenant screening or landlord-tenant law;
(b) The landlord pursues eviction to judgment of the tenant who is the subject of a notice issued in accordance with DMMC 5.64.030(2), and begins the eviction process within 30 days after the third notice is issued; or
(c) The landlord requests the city’s assistance in accordance with DMMC 5.64.040.
(6) “Rental agreement” or “lease” has the same meaning as “rental agreement” defined in RCW 59.18.0301.
(7) “Rental housing” or “rental property” means a rental housing facility that is rented or intended to be rented, is located on a single parcel or lot and for which a postal address exists or may exist for each individual unit, and the common areas and appurtenances to the rental housing facility. “Rental housing” or “rental property” includes any mobile home park or manufactured housing community as those terms are defined by RCW 59.20.030. “Rental housing” or “rental property” does not include the following:
(a) A retail, commercial or industrial rental;
(b) A registered and licensed nursing home;
(c) A properly registered and licensed assisted living facility; or
(d) A single-family home.
(8) “Tenant” has the same meaning as “tenant” in RCW 59.18.030 and 59.20.030. [Ord. 1477 § 2, 2010.]
5.64.030 Landlord – Duties – Notice by police chief – Infraction.
(1) A landlord shall ensure that its rental property is not used for criminal conduct. If a landlord is notified by the Des Moines police department that criminal conduct has occurred on the property, the landlord shall take reasonable steps to reduce the likelihood that criminal conduct will reoccur on the rental property. Repeated criminal conduct committed by tenants or guests on the rental property shall result in a civil infraction chargeable to the landlord.
(2) Upon the occurrence of criminal conduct on the rental property, the police chief’s office may cause notice to be sent to the landlord setting forth the date of the occurrence, the location of the occurrence, the nature of the occurrence and the name of the person who engaged in the criminal conduct. Notice may be sent whenever the police chief’s office has probable cause to believe that criminal conduct has occurred on the rental property. Notice is deemed properly delivered when it is either served upon the landlord or a property manager of the rental property by certified mail to the last known address of the landlord. The issuance of the notice in this subsection is a prerequisite to the issuance of a notice of infraction under subsection (3) of this section, and the issuance of the civil infraction under subsection (3) of this section constitutes the notice of the fourth instance of criminal conduct.
(3) If a landlord receives more than three notices under subsection (2) of this section regarding instances of criminal conduct committed in the same dwelling unit or anywhere on the rental property by the same tenant or any guest of the tenant within any six-month period, the landlord is guilty of a civil infraction if they have not taken reasonable steps to reduce the likelihood that criminal conduct will reoccur on the rental property. If the criminal conduct is committed by guests of the tenant, the city need not establish that the criminal conduct was committed by the same guest. Each instance of criminal conduct committed in the same dwelling unit or anywhere on the rental property by the same tenant or any guest of the tenant in excess of three instances of criminal conduct in a six-month period is an additional civil infraction chargeable to the landlord. [Ord. 1477 § 3, 2010.]
5.64.040 Assistance – Request – Provision.
(1) A request for the assistance of the city in accordance with this section is considered a reasonable step to reduce the likelihood that criminal conduct will recur for the next single violation on the rental property, but only if:
(a) The landlord cooperates with the city’s assistance and takes reasonable measures to implement the suggested methods of the city to reduce the recurrence of criminal conduct on the rental property; and
(b) A request for assistance does not relieve the landlord of the duty to comply with this chapter.
(2) When criminal conduct occurs on rental property, or the occurrence of criminal conduct on the rental property is suspected by the landlord, the landlord may request the assistance of the Des Moines police department in taking steps to reduce the likelihood that criminal conduct will recur on the rental property. The city shall assist landlords when such a request is made. The assistance may include, but is not limited to, the following:
(a) Providing the landlord with disclosable information relating to the criminal conduct that occurred on the rental property;
(b) Having a law enforcement officer communicate with the tenant suspected of engaging in the criminal conduct regarding the ramifications of continued criminal conduct; and
(c) Providing the landlord with resources available to assist the landlord in pursuing eviction of the tenant.
(d) The Des Moines police department may work with other agencies providing advice to rental property owners or tenants in providing assistance under this section. [Ord. 1477 § 4, 2010.]
5.64.050 Violations – Infraction – Proceedings – Appeals.
(1) A violation of this chapter is a class 2 civil infraction for the first offense and a class 1 civil infraction for each offense after, punishable under RCW 7.80.120 and DMMC 1.24.190 as presently constituted or subsequently amended.
(2) Except as set forth in this chapter, and except as other rules apply, the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) and all local rules and policies as promulgated by the Des Moines municipal court shall govern infraction proceedings and appeals of infractions filed in accordance with DMMC 5.64.030. [Ord. 1477 § 5, 2010.]