Chapter 4.40
RENTAL HOUSING LICENSING AND SAFETY INSPECTION PROGRAM
Sections:
4.40.040 Certificate of inspection.
4.40.050 Notice that rental is unlawful when certificate not provided.
4.40.060 License denial, suspension, or revocation.
4.40.070 Inspection required in event of notice of code violation.
4.40.080 Immediate health and safety threats.
4.40.100 Correction notice prior to enforcement.
4.40.130 Relocation assistance.
4.40.140 Consistency with Chapter 59.18 RCW.
4.40.170 Annual review and report.
4.40.010 Purpose.
The city of Othello finds that establishment of a rental housing license and inspection program will protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of rental 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 Othello. (Ord. 1562 § 1, 2021).
4.40.020 Definitions.
(a) “Building code” means all code provisions adopted in and throughout Chapter 14.04, Building Codes.
(b) “Certificate of inspection” means the document signed and dated by a qualified rental housing inspector and submitted to the city as the result of an inspection conducted by a qualified rental housing inspector that certifies that the residential housing units there were inspected and comply with the requirements of Section 4.40.040, Certificate of inspection.
(c) Dwelling Unit. For the purpose of this chapter, “dwelling unit” shall mean 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, accessory dwelling units, duplexes, triplexes, fourplexes, townhouses, multifamily dwellings, apartment buildings, condominiums, and similar units.
(d) “Qualified inspector” means any of the following:
(1) A city of Othello building inspector or code enforcement officer;
(2) An inspector certified by the United States Department of Housing and Urban Development for grant-required inspections;
(3) A Washington State licensed home inspector;
(4) An American Society of Home Inspectors certified inspector;
(5) A private inspector certified by the National Association of Housing and Redevelopment Officials (NAHRO), the American Association of Code Enforcement (AACE), or other comparable professional association as approved by the community development director;
(6) An International Code Council residential building code inspector or property maintenance and housing inspector;
(7) A Washington-licensed structural engineer; or
(8) A Washington-licensed architect.
(e) “Rental property” means all residential dwelling units rented or leased on a single parcel of land managed by the same landlord.
(f) “Rental property complex” means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex. (Ord. 1562 § 1, 2021).
4.40.030 License required.
(a) Beginning February 22, 2021, no person shall make available for rent, or rent, lease, or let to the public, any residential dwelling unit as defined in this chapter without securing and maintaining a current rental housing license as required by this chapter.
(b) Exceptions. The following are not subject to this chapter:
(1) A facility such as a hotel or motel offering lodging to guests for periods of less than thirty days are not dwelling units subject to this chapter; provided, that if any guest resides for a period of thirty days or more, then such facility shall be subject to this chapter.
(2) Housing accommodations in nursing homes or similar care facilities.
(c) License Content. Any person renting or making available for rent to the public any dwelling unit shall secure a license registering each dwelling unit. Each license shall include a certificate of inspection warranting that each dwelling unit complies with the standards of Section 4.40.040 and does not present conditions that endanger or impair the health or safety of the tenants.
(d) Fee. The annual rental housing license fee shall be ten dollars for each rental property complex. All revenues received from this license fee shall be utilized exclusively for the cost of issuance of the license provided herein and the administration of this title. Issuance of the rental housing license shall be contingent upon submission of the certificate of inspection, as required by this chapter, payment of the fee provided above, and compliance with this chapter.
(e) Inspection Fees. No fee is required for a city inspector to do an inspection to complete a certificate of inspection and one follow-up to check any needed corrections. If corrections remain and additional follow-up inspections are needed, those inspections shall be charged at the rate for a reinspection fee per the building permit fee resolution adopted by the city council.
(f) Renewal. The rental housing license shall expire one year from when it was issued. A rental housing license may be renewed each year by:
(1) Paying the license fee for the next year on or before the date of the expiration of the current license; and
(2) Submitting a renewal application updating the information contained in the original application; and
(3) If it has been three years since the last certificate of inspection, submitting a certificate of inspection dated within ninety days of the date of the application for renewal.
(g) Proof of License to Be Provided to Tenant. The owner or landlord shall provide a copy of the current rental license to tenants as part of the lease documents. (Ord. 1562 § 1, 2021).
4.40.040 Certificate of inspection.
(a) All rental properties shall be inspected every three years by a qualified inspector as defined in this chapter.
(b) To meet the requirements of obtaining and maintaining a rental housing license, all certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, that all units inspected comply with the requirements of the building code and state law specified in or under the authority granted in this section, and that there are no conditions in the units inspected that endanger or impair the health or safety of a tenant. A qualified rental inspector inspecting a rental unit for a certificate of inspection under this chapter shall inspect for and certify compliance with the following requirements of Chapter 59.18 RCW and the building code as defined in this chapter:
(1) The minimum floor area standards for a habitable room as contained in the building code.
(2) The minimum sanitation standards as contained in the building code.
(3) The minimum structural standards as contained in the building code.
(4) The occupancy standards as contained in the building code.
(5) The minimum heating standards as contained in the building code.
(6) The minimum ventilation standards as contained in the building code.
(7) The minimum electrical standards as contained in the building code.
(8) The minimum standards for emergency escape windows and doors as contained in the building code.
(9) The requirements for garbage and debris removal as contained in the building code.
(10) The requirement to provide and test smoke alarms and carbon monoxide alarms as contained in the building code.
(11) The requirements regarding fire sprinkler or fire alarm systems (if any) required by the building code.
(12) The requirements regarding passive fire resistive construction components contained in the building code.
(13) The requirements related to fitness for human habitation as set forth in RCW 59.18.060 (Landlord—Duties).
(b) The certificate of inspection shall be based upon a physical inspection of the dwelling units. The inspection shall have been conducted not more than ninety days prior to the date of application. The certificate of inspection shall be certified by a qualified inspector. All inspection certifications shall be submitted on forms provided by the city. No provision in this chapter is intended to impose building or fire code standards for existing structures beyond the standards for existing structures set forth in the building code.
(c) Other Inspections. Nothing herein shall preclude such additional inspections as may be conducted pursuant to the tenant remedy provided by RCW 59.18.0115 of the Residential Landlord-Tenant Act, at the request or consent of a tenant, or issued pursuant to a warrant.
(d) Limitations and Conditions on Inspection of Units for Certificate of Inspection.
(1) The city may only require a certificate of inspection on a rental property once every three years.
(2) A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection until four years past the certificate of occupancy.
(3) A rental property inspected by a government agency or other qualified inspector within the previous twenty-four months may provide proof of that inspection which the city may accept in lieu of a certificate of inspection. If any additional inspections of the rental property are conducted, a copy of the findings of these inspections may also be required by the city.
(4) For properties with multiple units as specified in subsections (d)(5) and (6) of this section, the owner or landlord must send written notice of the inspection to all units at the rental property. The notice must advise tenants that some of the units at the property will be inspected and that tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW 59.18.070. The notice must also advise tenants that if the landlord fails to adequately respond to the request for repairs or maintenance, the tenants may contact city of Othello officials. A copy of the notice must be provided to the inspector on or before the day of inspection.
(5) If a rental property has twenty or fewer rental units, no more than four rental units at the rental property may be selected by the city to provide a certificate of inspection as long as the inspection of said units reveals that no conditions exist that endanger or impair the health or safety of a tenant.
(6) If a rental property has twenty-one or more rental units, no more than twenty percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of fifty units at any one property, may be selected by the city to provide a certificate of inspection as long as inspection of said units reveals that no conditions exist that endanger or impair the health or safety of a tenant.
(7) If an owner or landlord is asked to provide a certificate of inspection for a sample of units on the rental property and a selected unit fails the initial inspection, the city may require up to one hundred percent of the units on the rental property to provide a certificate of inspection.
(8) If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the city may require one hundred percent of the units on the rental property to provide a certificate of inspection.
(9) An inspector conducting an inspection under this chapter may only investigate a rental property as needed to provide a certificate of inspection.
(10) If a rental property is part of a rental property complex, the provisions of this subsection (d) shall apply to the rental property complex as a whole.
(e) Notice to Tenants.
(1) The landlord shall provide written notification of his or her intent to allow an inspector to enter an individual unit for the purposes of providing the city with a certificate of inspection in accordance with RCW 59.18.150(6). The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector’s identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on or before the day of inspection.
(2) If a tenant denies access to his or her unit, the landlord may seek to have a court of competent jurisdiction hold the tenant liable to the landlord for the penalties identified in RCW 59.18.150(8); provided, that the landlord follows the requirements of Chapter 59.18 RCW et seq. for imposition of said penalties. (Ord. 1562 § 1, 2021).
4.40.050 Notice that rental is unlawful when certificate not provided.
When a certificate of inspection is required for a specified rental housing unit under this chapter and a valid certificate of inspection has not been provided to the city, the city is authorized to notify the owner or landlord that until a valid certificate of inspection is provided to the city, it is unlawful to rent or to allow a tenant to continue to occupy the residential housing unit. (Ord. 1562 § 1, 2021).
4.40.060 License denial, suspension, or revocation.
(a) The license of any rental property may be denied, suspended, or revoked by the city based on one or more of the following grounds:
(1) The license was procured by fraud or false representation of fact;
(2) The applicant or license holder has failed to comply with any of the provisions of this chapter;
(3) The applicant or license holder is in default in any fee due to the city under this chapter;
(4) The continued operation of any rental housing unit at the rental property will result in a danger to the public health, safety, or welfare by reason of the city having received notice of a violation of the building code, the fire code, or violations of any other applicable city code or state law which endangers or impairs the health or safety of the tenant.
(b) If the license of any rental property is suspended or revoked, or an application for license is denied, the rental property will be granted license only after:
(1) Any and all deficiencies on which the suspension, revocation, or denial was based have been corrected;
(2) In the event an inspection has been required under Section 4.40.030 or 4.40.070, the applicant has provided to the city a valid certificate of inspection that meets the requirements of Section 4.40.040; and
(3) The applicant pays the license fee. (Ord. 1562 § 1, 2021).
4.40.070 Inspection required in event of notice of code violation.
(a) Whenever the city is provided notice of a violation of the building code or violations of any other applicable Othello Municipal Code with respect to a rental unit, the city is authorized to request to conduct an inspection of the rental unit under the building code or other applicable law or to pursue a warrant under RCW 59.18.150. The city may require proof that the tenant has provided notice to the landlord identifying the conditions prior to undertaking an inspection. If, after inspecting the rental unit, the city determines the rental unit violates any of the standards set forth in Section 4.40.040, the city is authorized to suspend or revoke the license as to that unit and to require the owner to provide to the city a certificate of inspection as described in Section 4.40.040 prior to the rental unit containing the violation having its license renewed or reinstated. Notwithstanding correction of the violation, the city may require that any other rental unit covered under the same license on the property be inspected following the procedures of Section 4.40.040.
(b) If, during a two-year period, a property subject to this chapter has been subject to two or more notices of violation, orders, decisions, or determinations by the city, which if appealed have been upheld, finding a violation of any of the standards in the building code, the rental property shall be subject to inspection under Section 4.40.040 during the following annual inspection period.
(c) If a property subject to this chapter has been subject to any order, decision, or determination by the city, which if appealed has been upheld, finding a violation of any of the standards in the building code and resulting in a “do not occupy” order, the rental property shall be subject to inspection under Section 4.40.040 during the following annual inspection period. (Ord. 1562 § 1, 2021).
4.40.080 Immediate health and safety threats.
Nothing in this chapter 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. 1562 § 1, 2021).
4.40.090 No warranty by city.
By enacting and undertaking to enforce this chapter, neither the city, its agents or employees, nor the city council warrant or guarantee the safety, fitness, or suitability of any dwelling in the city or any unit inspected under this chapter. Owners and occupants shall take whatever steps they deem appropriate to protect their interest, health, safety, and welfare. (Ord. 1562 § 1, 2021).
4.40.100 Correction notice prior to enforcement.
Before the city suspends or revokes a license or imposes the penalties set forth in Section 4.40.110, the city shall serve a notice and order to correct violations, giving the owner or landlord written notice by personal service, posting in a conspicuous place on the property, or first class mail, stating the existence of a violation, that enforcement action is being considered, and the time period to correct the violation. The time period to correct a violation shall be no less than seven calendar days. (Ord. 1562 § 1, 2021).
4.40.110 Penalties.
(a) Prior to imposing any penalties set forth in this section, the city shall serve notice and order to correct violations under Section 4.40.100. If the conditions identified in said notice and order are remedied within the specified time frame, then penalties shall not be imposed. If the conditions in said notice and order are not remedied within the timeframe identified therein, then (1) the notice and order to correct violations shall become a final order, and (2) the penalties identified therein shall be imposed.
(b) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall have committed a civil violation and shall be punished by a fine of not more than one thousand dollars. Each such person is guilty of a separate violation for every month during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person.
(c) In addition to the penalties provided above, any violation of this chapter may result in the revocation of the rental licenses provided in this chapter. (Ord. 1562 § 1, 2021).
4.40.120 Appeals.
(a) General. Appeals of license denials, revocations, or suspensions; other final, written decisions or determinations made by the city under Section 4.40.050 (Notice that rental is unlawful when certificate not provided), 4.40.060 (License denial, suspension or revocation), or 4.40.070 (Inspection required in event of notice of code violation), or penalties issued under Section 4.40.110; and the written findings of an inspection by a city inspector relative to the application and interpretation of this code (i.e., decisions) may be appealed to the hearing examiner by filing a notice of appeal in the form specified in subsection (b) of this section at City Hall within fourteen days after the action/order became final.
(b) Form of Notice of Appeal. A person appealing a decision must submit a completed notice of appeal which sets forth:
(1) The decision being appealed and the date it was issued;
(2) Facts demonstrating that the person is adversely affected by the decision;
(3) A statement identifying each alleged error in the decision;
(4) The specific relief requested; and
(5) Any other information reasonably necessary to make a decision on the appeal.
(c) No suspension or revocation of a license issued pursuant to the provisions of this chapter shall take effect until fourteen days after the mailing of the notice by the city and, if appealed, the suspension or revocation shall be stayed pending final action by the hearing examiner.
(d) If the person filing the appeal is unsuccessful on appeal before the hearing examiner, then they shall pay the city one thousand dollars to reimburse the city for the hearing examiner fee.
(e) The decision of the hearing examiner shall be final. The owner and/or the city may seek review of the decision by the superior court of Washington in and for Adams County within twenty-one days from the date of the decision. If review is sought as herein prescribed, the suspension or revocation shall be stayed pending final action by the superior court. (Ord. 1562 § 1, 2021).
4.40.130 Relocation assistance.
Per the Residential Landlord-Tenant Act (Chapter 59.18 RCW), if repairs are needed to make the dwelling unit safe for occupancy, the property owner shall ensure the tenants have substitute housing, at no additional cost to the tenant, while the owner completes the repairs. (Ord. 1562 § 1, 2021).
4.40.140 Consistency with Chapter 59.18 RCW.
The provisions of this chapter shall be interpreted in a manner that is consistent with the provisions of Chapter 59.18 RCW. (Ord. 1562 § 1, 2021).
4.40.150 Applicability.
The provisions of this chapter shall apply in addition to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision shall apply. (Ord. 1562 § 1, 2021).
4.40.160 Severability.
If any section, sentence, clause, or phrase (i.e., provision) of this chapter or its application to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision and the remainder of this chapter, or the application of such provisions to other persons or circumstances, shall not be affected. (Ord. 1562 § 1, 2021).
4.40.170 Annual review and report.
The building and planning department shall conduct an annual review of the residential rental housing licensing and safety inspection program and shall submit an annual report of the program’s effectiveness to the city council. (Ord. 1562 § 1, 2021).