Chapter 5.30
EMERGENCY AND SUPPORTIVE HOUSING
Sections:
5.30.010 Exception from chapter.
5.30.030 License applications.
5.30.070 Standards of safety and operation.
5.30.080 Standards of conduct.
5.30.090 Good neighbor agreement.
5.30.010 Exception from chapter.
This chapter does not apply to emergency housing and shelter that is operated as a result of inclement weather, natural disaster, or similar event or to congregate emergency shelter or emergency housing as defined and regulated in Chapter 20.72 PMC. (Ord. 3274 § 1, 2023).
5.30.015 Definitions.
(1) “Emergency housing” means temporary indoor accommodations for individuals or families who are homeless or at imminent risk of becoming homeless that is intended to address the basic health, food, clothing, and personal hygiene needs of individuals or families. Emergency housing may or may not require occupants to enter into a lease or an occupancy agreement. For the purpose of this definition, “temporary” shall mean not more than 365 days.
(2) “Emergency shelter” means a facility that provides a temporary shelter for individuals or families who are currently homeless. Emergency shelter may not require occupants to enter into a lease or an occupancy agreement. Emergency shelter facilities may include day and warming centers and/or daytime drop-in centers that do not provide overnight accommodations. Temporary shelter facilities associated with disaster relief are excluded from this use category. For the purpose of this definition, “temporary” shall mean not more than 365 days.
(3) “Housing facilities” is used for the purpose of this chapter to mean any and all units or facilities of permanent supportive housing, transitional housing, scattered site emergency housing or scattered site emergency shelter.
(4) “Permanent supportive housing” is defined for the purposes of this chapter as subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services in order to retain tenancy and which utilizes admissions practices designed to allow lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to disability, rental history, criminal history, and personal behaviors.
(5) “Scattered site units” means a single-family dwelling unit providing for one family, a two-family dwelling unit providing for two families, or a dwelling unit leased from a multifamily building or facility not specifically designated as emergency housing or an emergency shelter.
(6) “Transitional housing” is defined for the purpose of this chapter as residential uses that provide housing and supportive services to homeless persons or families for up to two years.
(7) “Unit” means a structure or room(s) within a larger structure, such as a house, apartment, mobile home, or group of rooms, operated as permanent supportive housing or transitional housing, where a person or family eat, live, and sleep. (Ord. 3274 § 1, 2023).
5.30.020 License required.
Unless expressly excepted by the provisions of this chapter, it is unlawful to operate permanent supportive housing, transitional housing, scattered site emergency housing or scattered site emergency shelter, as defined in this chapter, unless such facility or unit is licensed as hereinafter provided. Any operating person or entity shall submit one initial application for licensing of all facilities and/or units in operation at the time of initial application. (Ord. 3274 § 1, 2023).
5.30.030 License applications.
(1) All applications for license or license renewal shall be made to the city on a form prescribed by the director, and shall include the following information:
(a) The name, business address, and contact telephone number of the license applicant, operator and property owner (if different);
(b) The business name of the housing facility organization to be licensed (if different from applicant/operator);
(c) A list (by name or other designation) and approximate location by neighborhood, city quadrant, and city council district of all housing facilities and units owned, operated, managed by, and/or affiliated with the applicant;
(d) The names, titles, business addresses, and telephone numbers of those who will act as the principal point(s) of contact with the city – each operator shall provide at least one emergency 24-hour contact number;
(e) A declaration of the total number of housing facility units and rooms within city limits;
(f) Attestation to the maximum number of occupants that can be housed in each unit and room;
(g) An operational plan demonstrating compliance with the safety and operational requirements in PMC 5.30.070 and the requirements of PMC 5.30.080;
(h) Documentation identifying that providers or managing agencies have either demonstrated experience providing similar services to people experiencing homelessness, and/or certifications or academic credentials in an appropriate human service field, and/or applicable experience in a related program with people experiencing homelessness.
(2) The city shall notify the applicant within 15 working days of submittal of a license or license renewal application if the application is deemed incomplete and shall specify what additional information is required.
(3) In the event a licensee adds additional housing facility units, rooms, or otherwise adds capacity to house additional residents, the licensee shall immediately update such information with the city. (Ord. 3274 § 1, 2023).
5.30.040 License fee.
(1) The license fee for housing facility operations, as required in this chapter, shall be set in the city’s fee resolution. Such fee shall be in addition to general business license fees where applicable.
(2) The entire annual license fee shall be paid for the applicable calendar year regardless of when the application for license is made and shall not be prorated for any part of the year except that if the original application for license is made subsequent to June 30th, the license fee for the remainder of that year shall be one-half of the annual license fee.
(3) Housing facilities operated by governmental organizations shall be exempt from the license fee. (Ord. 3274 § 1, 2023).
5.30.050 License expiration.
(1) All licenses issued or renewed under the provisions of this chapter shall expire on the thirty-first of December of each year.
(2) Due Date. All license fees required by this chapter for either an original license or renewal are payable to the city at least two weeks prior to the commencement of operation of the permanent supportive housing and transitional housing. Every operator of a facility or unit subject to this chapter that exists as of the initial effective date of this chapter, shall have 30 days to apply for and obtain a valid business license as required in this chapter. No additional fee over and above the regular business license fee required under Chapter 5.04 PMC shall be required for operators that already exist within the city as of the initial effective date of this chapter.
(3) Failure to Renew. Failure to renew shall result in expiration of the license and all privileges granted to the licensee. (Ord. 3274 § 1, 2023).
5.30.060 Renewal of license.
(1) For housing facilities to continue operation beyond the expiration of its existing license, an application for renewal must be submitted with the city prior to the expiration of the existing license.
(2) A late penalty shall be charged on all applications for renewal of a license received later than seven calendar days after the expiration date, as well as all applications that fail to rectify application deficiencies identified by the city pursuant to PMC 5.30.030(2) within seven calendar days of the city notice provided for in that subsection.
The amount of such penalty is fixed as follows:
|
Days Past Due |
Late Fee |
|---|---|
|
8 – 30 |
$50.00 |
|
31 – 60 |
$100.00 |
|
61 and over |
$200.00 |
(3) The license renewal application shall update any of the application information required under PMC 5.30.030 and shall certify compliance with all standards identified in PMC 5.30.070 and 5.30.080. Additionally, if there have been any reported violations of the standards contained in this chapter or any unresolved neighborhood impacts, the director may require, as a condition of renewal, that the applicant engage in the good neighbor agreement process as outlined in PMC 5.30.090. (Ord. 3274 § 1, 2023).
5.30.070 Standards of safety and operation.
(1) Every housing facility licensed under the provisions of this chapter must meet the following safety and operational requirements:
The agency will at all times keep the premises fit for human habitation, and shall in particular:
(a) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation;
(b) If owned, maintain the structural components including, but not limited to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair so as to be usable;
(c) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident;
(d) Provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant;
(e) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy;
(f) Provide reasonably adequate locks and furnish keys to the tenant;
(g) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order;
(h) If owned, except in the case of a single-family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage incidental to the occupancy and arrange for the reasonable and regular removal of such waste;
(i) Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant;
(j) Provide a written notice to all tenants disclosing fire safety and protection information;
(k) Provide tenants with information provided or approved by the department of health about the health hazards associated with exposure to indoor mold;
(l) Adopt and broadly disseminate a written security and emergency plan for residents and employees;
(m) Provide a phone number and point of contact for the community to report concerns;
(n) Prepare and provide a plan for addressing reported concerns, documenting resolutions, and making this information publicly available;
(o) Take all reasonable and legal steps to obtain verifiable identification information, including full name and date of birth, from all current and prospective residents, and keep a log containing this information;
(p) Incorporate procedures into operations to ensure complete and accurate recordkeeping;
(q) If owned, post prominently, or if not owned, provide and require the posting of a list of all human and health services offered with a brief description of the service(s) and the availability of such service(s);
(r) If owned, follow Crime Prevention Through Environmental Design (CPTED) standards for landscaping and plant maintenance;
(s) Broadly disseminate information to residents identifying transit, pedestrian and bicycle routes to services and schools from the site;
(t) In the event a facility licensed under this chapter is associated with any crime, nuisance, or other negative impact such that law enforcement, police, or code enforcement determines that there is cause to investigate, upon request from such law enforcement, police or code enforcement agency, every licensee when requested shall have a duty to confirm or deny whether they are the operator of such facility. Failure to respond to such a request shall constitute grounds for revocation of the operator and/or owner’s business license;
(u) Licensee will follow all landlord-tenant laws and fair housing practices to address these situations in a timely manner.
(2) Every standalone facility exceeding 20 units exclusively for permanent supportive housing and transitional housing, licensed under the provisions of this chapter, must meet the following additional safety and operation requirements:
(a) Install lighting in all internal common areas providing a minimum of one and one-half foot-candles at ground level 24 hours per day, seven days a week.
(b) Have a manager or operator’s representative on the premises at all times. (Ord. 3274 § 1, 2023).
5.30.080 Standards of conduct.
Every housing facility licensed under the provisions of this chapter must adopt and enforce standards of conduct applicable to all residents and guests designed to encourage the following standards are met:
(1) All residents and guests comply with all applicable federal, state, and local laws, including all safety and sanitation requirements and the city’s building, fire, and zoning and development codes.
(2) No resident exhibit threatening or unsafe behavior.
(3) Nuisance is not permitted.
(4) Residents do not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. “Drug-related activity” means that activity which constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW.
(5) No resident engages in any activity at the rental premises or in the vicinity of the rental premises that is: imminently hazardous to the physical safety of other persons on the premises; and entails physical assaults upon another person which result in an arrest; or entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352.
(6) Residents do not engage in any gang-related activity at the premises, as defined in RCW 59.18.030. (Ord. 3274 § 1, 2023).
5.30.090 Good neighbor agreement.
If, by a preponderance of evidence, the director determines that the standards set out in this chapter have been violated at any time, or if there are unresolved neighborhood impacts at the time of any license renewal under this chapter, the director may require that a licensee pursue and obtain a good neighbor agreement (GNA) pursuant to this section. Failure to obtain a GNA when initiated may result in denial or revocation of the business license.
(1) Purpose. The purpose of a GNA advisory committee formed under the terms of this section is to foster communication between the community and supportive or emergency housing facility operators by:
(a) Dedicating the time necessary to include community, neighborhood and citywide interests in the housing facility license renewal process;
(b) Ensuring that issues of importance are identified to address design issues while minimizing cost implications;
(c) Considering the neighborhood and land uses within which the housing facility is located;
(d) Helping guide housing facility design and operation to ensure that specific neighborhood conditions are considered, and operation is context sensitive by engaging in ongoing dialogue with the operator and the city during license renewal; and
(e) Ensuring the GNA advisory committee participation is streamlined and effectively integrated into the housing facility license renewal process to avoid delays that jeopardize funding or place people experiencing homelessness at risk.
(2) GNA Membership. Following submittal of a valid business license renewal application when the director has determined that the standards set out in this chapter have been previously violated or if there are unresolved neighborhood impacts, the director shall constitute a staff support team and GNA advisory committee:
(a) Staff Support Team to Work With the GNA Advisory Committee. The director shall consult with department heads in relevant city departments to identify staff that will represent the city on the GNA advisory committee in a neutral manner (free of self-interest). One city staff person will act as a neutral facilitator for the GNA advisory committee. Other city representatives shall represent other applicable interests (e.g., police, land use).
(b) Member Composition. It is the responsibility of the director to constitute the GNA advisory committee in a timely manner upon submittal of a valid application. Membership should be composed of individuals meeting the below-described locational or subject matter expertise requirements. A single individual may be identified to represent more than one of the roles requiring subject matter expertise.
(i) Up to a maximum total of three residents that live within the city of Puyallup who reside within one-quarter mile of the proposed housing facility who will represent residents in the vicinity. Participation priority should be given to those residents living in closest proximity to the proposed housing facility.
(ii) If school-age children are expected to be served by the housing facility, a representative of the Puyallup School District shall be invited to participate on the GNA advisory committee to represent the K-12 student perspective.
(iii) Up to two representatives from businesses located within one-quarter mile of the proposed housing facility who will represent business interests in the vicinity. Participation priority should be given to those representatives of businesses located in closest proximity to the proposed housing facility.
(iv) One representative of the housing facility operator.
(v) One representative of the agencies or organizations identified as a provider (providing support services) for the proposed housing facility.
(vi) Up to one representative of the population of individuals who has experienced homelessness in the past, or is currently experiencing homelessness, and is willing to serve on the GNA advisory committee.
(vii) Up to one representative of the human service community with a background in the provision of human services in Pierce County.
(c) Member Commitment. Members of the GNA advisory committee are expected to:
(i) Be reliable and available to attend meetings of the GNA advisory committee;
(ii) Bring subject matter expertise regarding issues related to homelessness or unique knowledge of a proposed site to help inform the committee’s work;
(iii) Accept different perspectives and ideas, and be willing to learn and share rather than just advocate for a position;
(iv) Steer conflict toward positive and creative results;
(v) Contribute to completion of the GNA advisory committee scope of work described in this section; and
(vi) Understand that consensus is not required, and that failure of the group to reach agreement will not be grounds for denial of a permit application.
(3) Scope of GNA Advisory Committee Work. The scope of work for the GNA advisory committee is intended to support the GNA advisory committee purpose described in this section. The GNA advisory committee is advisory to the decision maker for the business license identified for a housing facility, and its scope includes:
(a) Becoming informed regarding the housing facility’s standard operating procedures and project design;
(b) Participating in context setting to describe the community within which the housing facility is located;
(c) Providing advisory guidance to business license decision makers as described in more detail below regarding the housing facility’s design and operational concerns prior to any recommendation from the director on a business license renewal;
(d) Collaborating with the operator to establish a plan for communications and engagement in any ongoing communication between the operator and neighbors after the use is established, constructed and operational; and
(e) Collaborating with the operator to consider and evaluate metrics for success of the shelter operations, including security, sanitation, and transitioning clients out of homelessness and into permanent housing.
(4) Involvement Process – Timing, Focus of Involvement, and Work Product.
(a) Process Summary. The GNA advisory committee process is intended to be aligned with the housing facility business license renewal process to optimize process efficiency and funding predictability.
(b) Timing of GNA Advisory Committee Involvement.
(i) The GNA advisory committee process should occur early in the process to avoid delays that jeopardize participation in funding cycles, require facilities to operate under emergency declarations, or place homeless individuals at risk.
(ii) The actual timing of GNA advisory committee review and participation will be scheduled by the facilitator to ensure that GNA advisory committee input is consolidated into the applicable city business license application review and recommendation process and provided to the decision makers prior to any decision.
(iii) The GNA advisory committee will be dissolved once its scope of work has been completed.
(c) Work Product. The work of the GNA advisory committee review phase shall culminate in an advisory document or good neighbor agreement that describes the GNA advisory committee feedback consistent with the scope of work described in this section. City staff will support the GNA advisory committee preparation of this work product. (Ord. 3274 § 1, 2023).