Chapter 5.35
RESIDENTIAL RENTAL UNITS
Sections:
5.35.050 Multiple units under common ownership.
5.35.070 Termination and renewal.
5.35.080 Inspections – Frequency – Number of rental properties inspected.
5.35.090 License denial, suspension or revocation.
5.35.010 Definitions.
As used in this chapter:
A. “Certificate of inspection” means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of RCW 9A.72.085 by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant, including (1) structural members that are of insufficient size or strength to carry imposed loads with safety, (2) exposure of the occupants to the weather, (3) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury, (4) not providing facilities adequate to supply heat and water and hot water as reasonably required by the tenant, (5) providing heating or ventilation systems that are not functional or are hazardous, (6) defective, hazardous, or missing electrical wiring or electrical service, (7) defective or hazardous exits that increase the risk of injury to occupants, and (8) conditions that increase the risk of fire.
B. “City” means the city of Toppenish, Washington, and its employees, including the city’s code enforcement officer and the city clerk.
C. “Landlord” means the owner, lessor, or sublessor of the residential rental unit or the property of which it is a part, and in addition means any person designated as representative of the landlord.
D. “License” means a residential rental unit business license issued or applied for under this chapter, and is in lieu of the business license required under Chapter 5.01 TMC.
E. “Owner” means one or more persons, jointly or severally, in whom is vested:
1. All or any part of the legal title to property; or
2. All or part of the beneficial ownership, and a right to present use and enjoyment of the property.
F. “Person” means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having a joint or common interest, or any other legal or commercial entity.
G. “Qualified inspector” means the city’s code enforcement officer; the city’s building inspector; a United States Department of Housing and Urban Development certified inspector; a Washington State licensed home inspector; an American Society of Home Inspectors certified inspector; a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforcement, or other comparable professional association as approved by the local municipality; a Washington licensed structural engineer; or a Washington licensed architect.
H. “Residential rental unit” is a nonowner-occupied structure or any portion thereof which is rented or leased as a home, residence or sleeping place to one or more persons, including but not limited to sleeping units, single-family residences, units of multiplexes, apartments, mobile homes, and trailers. A residential rental unit may also be referred to herein as a “unit” or a “rental property.”
I. “Tenant” is any person who is entitled to occupy a residential rental unit primarily for living or dwelling purposes under a rental agreement. (Ord. 2019-01 § 15, 2019; Ord. 2010-23 § 2, 2010).
5.35.020 License required.
All residential rental units are required to be licensed annually. No person shall operate a residential rental unit within the city without a license from the city clerk. (Ord. 2010-23 § 2, 2010).
5.35.030 Applications.
Applications for all licenses shall be submitted to the city clerk on the form provided by the city clerk. Each application for a residential rental unit license shall state the number of units owned and the maximum number of tenants that will be allowed to occupy each unit. The application shall be accompanied by payment of the fee specified in TMC 5.01.120. The city clerk shall prepare and keep on file all licenses and applications and the forms therefor. (Ord. 2010-23 § 2, 2010).
5.35.040 Certification.
Each applicant shall certify, on the application form, that each occupied residential rental unit owned by him/her/it will be kept fit for human habitation and will be maintained in full compliance with all applicable ordinances of the city. (Ord. 2010-23 § 2, 2010).
5.35.050 Multiple units under common ownership.
An owner of more than one unit shall only be required to have one license. (Ord. 2010-23 § 2, 2010).
5.35.060 Issuance of license.
The city clerk shall issue said license within 10 business days after the submittal of the application, or shall notify the applicant in writing why a license may not be issued. (Ord. 2010-23 § 2, 2010).
5.35.070 Termination and renewal.
All annual licenses shall terminate on the last day of February of each year and be renewed on the first day of March of each year. The city clerk shall mail to each licensee a notice of expiration of the license held by the licensee at least 30 days prior to the date of its expiration; provided, that a failure to mail such notice or a failure of the licensee to receive it shall not excuse the licensee for a failure to renew the license, nor shall it be a defense to an action for operation of a business without a license. (Ord. 2010-23 § 2, 2010).
5.35.080 Inspections – Frequency – Number of rental properties inspected.
A. Landlords shall be required to provide a certificate of inspection as a business license condition.
B. A qualified inspector who is conducting an inspection under this section may only investigate a rental property as needed to provide a certificate of inspection.
C. The city may only require a certificate of inspection on a rental property once every three years.
D.1. 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 under this section.
2. A rental property inspected by a qualified inspector within the previous 24 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.
E. A rental property owner may choose to inspect 100 percent of the units on the rental property and provide only the certificate of inspection for all units to the city. However, if a rental property owner chooses to inspect only a sampling of the units, the owner must send written notice of the inspection to all units at the property. The notice must advise tenants that some of the units at the property will be inspected and that the 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 officials. A copy of the notice must be provided to the inspector upon request on the day of inspection.
F.1. If a rental property has 20 or fewer dwelling units, no more than four dwelling units at the rental property may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.
2. If a rental property has 21 or more units, no more than 20 percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of 50 units at any one property, may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.
3. If the owner of a residential rental property is asked to provide a certificate of inspection for a sample of units on the property and a selected unit fails the initial inspection, the city may require up to 100 percent of the units on the rental property to provide a certificate of inspection.
4. 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 100 percent of the units on the rental property to provide a certificate of inspection.
5. If a rental property owner chooses to hire a qualified inspector other than a city code enforcement officer or building inspector, and a selected unit of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of inspection must be provided to the city.
G.1. The landlord shall provide written notification of his or her intent 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 the day of inspection.
2. A tenant who continues to deny access to his or her unit is subject to RCW 59.18.150(8). (Ord. 2010-23 § 2, 2010).
5.35.090 License denial, suspension or revocation.
A. A license may be denied, suspended or revoked by the City based upon one or more of the following grounds:
1. The license was procured by fraud or false representation of fact;
2. The licensee has failed to comply with any of the provisions of this chapter;
3. The licensee is in default in any license fee due to the city under this chapter;
4. The licensee’s continued operation of the residential rental unit for which the license was issued will result in a danger to the public health, safety or welfare by reason of any of the following:
a. The licensee or his/her/its employees or agents have been convicted of a crime which bears a direct relationship to the operation of a residential rental unit under the license issued pursuant to this chapter;
b. The licensee or his/her/its employees or agents have in the operation of the residential rental unit violated any law or regulation relating to public health or safety.
B. If an application for a license is denied, or a license is suspended or revoked, no reapplication for that license will be considered until all deficiencies upon which the denial, suspension or revocation is based have been corrected.
C. If an application for a license renewal is denied, no application for a license or a license renewal will be considered until all deficiencies upon which the refusal to renew is based have been corrected.
D. Within five calendar days after a license denial, suspension, revocation or refusal to renew, the city shall give written notice to the licensee or license applicant, as the case may be, of the denial, suspension, revocation, or refusal to renew, and the reasons therefor. (Ord. 2010-23 § 2, 2010).
5.35.100 Appeal.
A. Upon notice of denial, suspension, revocation, or refusal to renew a license, the applicant or licensee may appeal by filing a written notice of appeal, stating the specific reason(s) upon which the appeal is based, with the city clerk within 10 calendar days of the date of the notice of denial, suspension, revocation or refusal to renew.
B. Upon the timely filing of a notice of appeal, the city clerk or his/her designee shall schedule a hearing of the appeal with the city’s hearing examiner, and shall give written notice thereof to the appellant. The hearing shall be conducted no later than 45 calendar days from the date of the notice of appeal, unless an extension is agreed upon, or unless otherwise ordered by the hearing examiner for good cause shown.
C. Within 14 calendar days (excluding holidays recognized by the city) from the date of the hearing, the hearing examiner shall issue a written decision, which shall set forth the reasons therefor. (Ord. 2010-23 § 2, 2010).
5.35.110 Penalties.
A. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter may be punished by a penalty of up to $50.00 per day for the first 10 days that the violation or failure to comply exists and up to $100.00 per day for each day thereafter.
B. Each violation or failure to comply with any of the provisions of this chapter shall be a separate violation or failure to comply, for each and every day during any portion of which it is committed, continued or permitted.
C. Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, shall be subject to a penalty not to exceed $500.00. (Ord. 2010-23 § 2, 2010).