V. Offenses Against Property
Chapter 9.48
RENTAL HOUSING SAFETY
Sections:
9.48.020 Criminal conduct on rental property – Notice.
9.48.030 Landlord request for assistance.
9.48.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
A. “Criminal conduct” means reasonable suspicion that:
1. A “most serious offense” has occurred as defined in RCW 9.94A.030;
2. Gang or gang-related activity, as those terms are defined by RCW 59.18.030, has occurred on the rental property;
3. Drug-related activity pursuant to RCW 59.18.130 has occurred on the rental property; and
4. 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.
B. “Landlord” means:
1. 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;
2. 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
3. A person, designated by the landlord, who has authority to sign a lease or rental agreement.
C. “City of Snoqualmie police department” means the city of Snoqualmie police department or a law enforcement officer who has general authority, limited authority or specially commissioned Washington State peace officer, or any federal peace officer, as those terms are defined by Chapter 10.93 RCW.
D. “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:
1. 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 city of Snoqualmie police department. The training must be about rental property management, crime-free properties, tenant screening or landlord-tenant law;
2. The landlord pursues eviction to judgment of the tenant who is the subject of a notice issued in accordance with SMC 9.48.020(B), and begins the eviction process within 30 days after the third notice is issued; or
3. The landlord requests the city of Snoqualmie’s assistance in accordance with SMC 9.48.030.
E. “Rental agreement” or “lease” has the same meaning as “rental agreement” defined in RCW 59.18.0301.
F. “Rental housing” or “rental property” means a rental housing facility that is rented or intends to be rented, is located on all or a portion of one or more parcels or lots, 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 multifamily housing, single-family housing, 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:
1. A retail, commercial or industrial rental;
2. A registered and licensed nursing home; or
3. A properly registered and licensed assisted living facility.
G. “Tenant” has the same meaning as “tenant” in RCW 59.18.030 and 59.20.030.
H. “Multifamily” is a classification of housing where multiple separate housing units for residential inhabitants are contained within one building or several buildings within one complex.
I. “Single-family,” also called a single-detached dwelling, single-family residence or separate house is a freestanding residential building. It is defined in opposition to a multifamily residential dwelling. (Ord. 1174 § 1, 2016).
9.48.020 Criminal conduct on rental property – Notice.
A. A landlord shall ensure that its rental housing or rental property is not used for criminal conduct. If a landlord is notified by the Snoqualmie police department that criminal conduct has occurred at the rental housing or on the rental 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.
B. Upon the occurrence of criminal conduct in the rental housing or on the rental property, the city of Snoqualmie police department 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 city of Snoqualmie police department has probable cause to believe that criminal conduct has occurred on 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 C of this section, and the issuance of the civil infraction under subsection C of this section constitutes the notice of the fourth instance of criminal conduct.
C. If a landlord receives more than three notices under subsection B 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 deemed to have committed a civil infraction if the landlord has 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 of Snoqualmie 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 constitutes an additional civil infraction chargeable to the landlord. (Ord. 1174 § 1, 2016).
9.48.030 Landlord request for assistance.
A. A landlord may request the assistance of the Snoqualmie police department. Assistance may include, but is not limited to, the following:
1. Providing the landlord with publicly disclosable information relating to the criminal conduct that occurred on the rental property;
2. Having a law enforcement officer communicate with the tenant suspected of engaging in the criminal conduct regarding the ramifications of continued criminal conduct; and
3. Providing the landlord with publicly available information resources to assist the landlord in pursuing eviction of the tenant.
The city of Snoqualmie police department may also coordinate with other agencies to facilitate provision of assistance by those agencies to rental property owners or tenants requesting assistance under this section.
B. For purposes of this chapter, a landlord’s request for assistance in accordance with this section shall constitute a reasonable step to reduce the likelihood that criminal conduct will recur on the property, with respect to the next single instance of criminal conduct on the rental property, but only if:
1. The landlord cooperates with the Snoqualmie police department and takes reasonable measures to implement all methods suggested by the city of Snoqualmie to reduce the recurrence of criminal conduct on the rental property; and
2. A request for assistance does not relieve the landlord of the duty to comply with this chapter. (Ord. 1174 § 1, 2016).
9.48.040 Violation.
A. A violation of this chapter is a Class 2 civil infraction for the first offense and a Class 1 civil infraction for each offense thereafter, with corresponding monetary penalties as set forth in Chapter 7.80 RCW.
B. Except as set forth in this chapter and except as other rules apply, the Infraction Rules for Court of Limited Jurisdiction (IRLJ) and all local rules and policies as promulgated by the city of Snoqualmie municipal court shall govern infraction proceedings, including any appeals thereof. (Ord. 1174 § 1, 2016).