(a)   The purpose of the healthy home’s inspection program is to protect the public health, safety and welfare in residential rental property units through establishment of minimum health and safety standards. This article:

(1)   Establishes minimum standards that may include:

(A)  Basic utilities and facilities;

(B)  Ventilation and heating;

(C)  Safety from fire; and

(D)  Safe and sanitary maintenance of all rental properties;

(2)   Provides for the registration and permitting for certain rental properties; and

(3)   Provides for administration and enforcement.

(b)   It is not the intention of the city to intrude upon contractual relationships between tenant and landlords. The city does not intend to intervene as an advocate of either party, nor to act as an arbiter, nor to hear complaints by landlord or tenant that do not clearly relate to the provisions of this article or other city ordinances.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Designee of the Director of Community Development means any person acting on behalf of the Director.

Direct family member means one's child, grandchild, mother, father, sibling, mother-in-law, father-in-law, grandparent, or the step equivalent of each of those.

Director means the Director of Community Development.

Hazardous area means areas of structures or buildings posing a degree of hazard greater than normal to the general occupancy of a building or structure, such as areas used for the storage or use of combustibles or flammable, toxic, noxious or corrosive materials, or heat-producing appliances.

Health hazard violation means a violation when in noncompliance, is more likely than other violations to contribute to injury, illness, or environmental health hazards.

Non-health hazard violation means a violation that poses a lesser threat to health and safety, but negatively affects health, and if left unaddressed, could become a health hazard violation.

Offer to rent means to extend an offer to enter into a written or oral agreement with a prospective tenant under which the prospective tenant shall occupy rental property as the tenant's residence.

Occupancy requirement means personally live in the property as their home, Occupancy also refers to the number of people permitted in a home at one time based on the building’s floor space and function.

Owner means any person not a tenant who, acting alone or jointly or severally with others:

(1)   Has legal title to any building or structure with or without accompanying actual possession thereof;

(2)   Has charge, care or control of any building or structure or part thereof as agent or personal representative of the person having legal title to the building or structure of part thereof; or

(3)   Is an agent or designee of a person listed in subsections (1) or (2) herein.

Permit means a permit issued by the director for making an offer to rent to a prospective tenant or owning, operating or managing rental property. The terms "permit" and "rental permit" are used interchangeably, also includes but not limited to Rental Registration or Statement of Compliance.

Permit holder means a person who is responsible for the operation of the rental property, such as the owner or the owner's agent, and who possesses a valid permit to operate a rental property.

Person means an association, corporation, individual, firm, partnership, other legal entity, government agency.

Re-inspection means an inspection conducted by the director to ensure corrective action is taken by fee permit holder subsequent to a previous inspection where noncompliance or violations of this article were found.

Rental property means a structure which consists of one or more rental units, where none of the tenants are owners or direct family members of owners. Duplexes in which one of the rental units is owner-occupied and rental units within an owner-occupied, single-family dwelling that is in compliance with the city's zoning codes shall not be considered rental property.

Rental unit means a rental property or part of a rental property used as a home, residence, or sleeping unit by a single person or household unit, or any grounds, or other facilities or area promised for the use of a tenant and includes, but without limitation, apartment units, boarding houses, rooming houses, mobile home spaces, and single and two-family dwellings.

Resident Agent means a person that performs duties related to managing rental properties and finding successful tenants to fill vacancies in rental properties.

Revoke means put an end to the validity or operation of

Statement of Compliance means A statement or report signed by a qualified party affirming that, at the time of assessment, the defined rental home, met the requirements stated by the Owner.

Suspension means temporarily prevent from continuing or being in force or effect.

Tenant means:

(1)   A person, not the legal owner, occupying a building or portion thereof as a rental unit; or

(2)   For purposes of this article, a purchaser under a contract for deed, rent-to-own agreement, or comparable executory agreement, where the purchaser resides in the premises and is not the legal owner of record, unless any such instrument or affidavit of equitable interest which specifically identifies the instrument is properly executed and filed of record with the recorder of deeds for the applicable county and a file stamped copy thereof, along with a copy of the referenced instrument, is provided to the director.

Utilities means all services necessary for a property to have lawful heat, lighting, wastewater, and potable hot and cold water, in accordance with habitability standards.

(Ord. 3802)