CHAPTER XVII. HEALTHY RENTAL HOMESCHAPTER XVII. HEALTHY RENTAL HOMES\Article 2. Application and Permitting Process

(a)   A person may not offer for rent a rental unit without a valid rental permit issued by the director for the rental property of which the rental unit is a part. All owners now or hereafter owning, operating or managing a residential rental property, shall obtain a rental permit for each rental property upon transfer of occupancy and/or utilities. Such permit shall be obtained from the Director of Community development or designee. The director shall issue the permit only after the applicant has submitted the application in its entirety with required documentation.

(b)   Provisions of this article do not apply to housing units that are only rented for periods of less than 30 consecutive days.

(c)   Rental permits are non-transferable with any changes in ownership or management

(Ord. 3802)

The director is authorized and directed to endorse on the rental permit such conditions and requirements which in their best judgment and discretion are necessary for the protection of the health and safety of the persons utilizing such property and which carry out the scope, purpose and intent of this article. Such conditions and requirements shall conform as closely as possible to the rules and regulations promulgated by the director, but shall not be so strictly construed as to operate hardship upon any applicant. If any POOR conditions are indicated on the Statement of Compliance a permit may not be issued until the conditions are corrected, or a date of repair and completion is agreed upon by the landlord and the director.

(Ord. 3802)

Upon receipt of a permit issued by the director, in order to retain the permit, the permit holder shall:

(a)   Comply with all provisions of this article and the rules and regulations promulgated by the director, as such provisions, rules and regulations may be amended from time to time, and also each and every condition and requirement endorsed upon such permit or any renewal thereof issued, as such conditions and requirements may be amended by the director;

(b)   Immediately correct any life-threatening violation which may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, gross insanitary occurrence or condition, or other circumstance that may endanger health and safety;

(c)   Allow representatives of the director access to the rental property for inspections

(d)   Comply with directives of the director including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the director in regard to the permit holder's rental property

(e)   Accept notices issued and served by the director according to law;

(f)   Be subject to the regulatory, civil, injunctive, and criminal remedies authorized in law for failure to comply with this article or a directive of the director, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives; and

(g)   Within 60 days following:

(1)   Issuance of a permit or permit renewal by the director; and

(2)   The commencement of a new tenancy, either:

(A)  Furnish a full copy of the permit to each tenant subject to the permit, or

(B)  For the full remaining term of the permit period post a full copy of the permit at the rental property in a conspicuous location reasonably calculated to come to the attention of each tenant subject to the permit.

(Ord. 3802)

To qualify for a permit, the applicant shall:

(a)   Be an owner of the rental property, or owner's agent who is responsible for the operation of the rental property;

(b)   Comply with the requirements of this article;

(c)   Agree to allow designees of the director access to the rental property for the purpose of inspections made pursuant to this article;

(d)   Pay the applicable permit fees at the time the application is submitted; and

(e)   Submit a statement of compliance report that fulfills the requirements of the director.

(Ord. 3802)

If an application for a permit or permit renewal to operate is denied, the director shall provide the applicant with a notice that includes:

(a)   The specific reasons and Code or regulation citations, if any, for the permit denial;

(b)   The actions, if any, that the applicant must take to qualify for a permit; and

(c)   Advisement of the applicant's right of appeal and the process and time frames for appeal.

(Ord. 3802)

(a)   Rental property annual permit. All permits are annual permits and shall be valid from January 1 through December 31. The initial or renewal application for a permit, which shall be on or before December 31.

(b)   Inspection fee. No fee shall be assessed for an initial inspection of a rental unit, a re-inspection fee of $100 shall be assessed at the time of the inspection for every additional unit requiring re-inspection. The re-inspection fee shall be due no later than 30 days after the approved inspection. An invoice for all re-inspections will be sent to the address provided on the permit application.

(c)   Reinstatement fees. For properties that have had a permit suspended following action taken by a provision of this article, a $300.00 reinstatement fee shall be assessed.

(d)   Renewals. Suspended permits shall not be renewed until all conditions that warranted the suspension are abated. Revoked permits cannot be renewed.

(e)   Refunds. There shall be no refund of any fee paid pursuant to this section.

(Ord. 3802)