(a) The director shall cause inspections to be made of all rental properties regulated under this article, in response to complaints if the director determines an inspection is warranted, to ensure that the holder of the rental permit issued under this article is complying with its provisions, the rules and regulations promulgated by the director, as they may be amended from time to time, and the conditions and requirements set forth in the rental permit issued for the particular rental property for which the permit was issued or renewed.
(b) In addition to complaint-based inspections, the director shall determine a percentage of random annual routine inspections to be completed based on the total number of permitted rental properties.
(c) The director also may require non-complaint-based future inspections based on past performance, such as numerous or repeat violations of this article or the regulations issued thereunder.
(d) Except for an inspection made in response to a complaint by a tenant occupying the inspected rental unit, an inspection of an occupied rental unit shall be made only in exigent or emergency situations.
(e) This article does not authorize the director or their designee, after conducting an inspection, to report, refer, issue citation, or otherwise disclose to a third party any matter, circumstance or violation disclosed during the inspection which is not explicitly proscribed in this article or the regulations issued thereunder.
(Ord. 3802)
(a) Scope of authority. The director shall formulate rules and regulations for implementing the provisions of this ordinance to include inspection process, method and guidelines. Such rules may be modified or superseded by other rules and regulations filed by the director from time to time.
(b) Scope of regulations. The director shall have power and authority to make provisions in such rules and regulations for health, sanitation and adequate rental housing standards as such rules and regulations may pertain to each and every person required to be a holder of a permit under this article; and such provisions, conditions or requirements shall be subject to modification, deletions, additions or other change or alteration as to any person required to be a holder of a permit as the director may find and determine at any time.
(Ord. 3802)
Before entering into a contract to rent a residential property the owner shall furnish to each tenant:
(a) For every utility provider used to service a dwelling unit, the phone number that a perspective tenant may use to obtain a summary or statement of past utility usage. Upon request, the owner shall provide their consent and any facilitation necessary for the tenant to access the utility history.
(Ord. 3802)
(a) Refusal. If after the director presents credentials and provides notice, a person denies access to the director, the director shall inform the person that:
(1) Pursuant to this article, if the rental property is unoccupied, the permit holder is required to allow access to the director, as access is a condition of the acceptance and retention of a rental property permit to operate;
(2) If access is denied, an inspection order issued by the appropriate authority allowing access, may be obtained according to law; and
(3) The director is making a final request for access.
(b) Refusal; reporting. In the event a person still denies access, the director shall provide details of the denial of access on an inspection report form.
(c) Inspection order to gain access. If denied access to a rental property for an authorized purpose, the director may:
(1) apply for a court order or warrant to gain access; and/or
(2) suspend the permit, unless access was refused solely by the tenant.
(Ord. 3802)
During an inspection, if the director discovers that a permit holder has failed to comply with this article or the rules and regulations established by the director, and the violation is a health-hazard violation,
(a) The Director shall:
(1) Inform the permit holder, agent, or employee in writing that a violation exists;
(2) Allow the permit holder an opportunity to correct the violation within a reasonable period of time, as determined by the director or designee; and
(3) Re-inspect the rental property, if the director or designee deems it necessary, to determine if the violation still exists.
(b) And if the violation is deemed life-threatening, the Director or designee shall:
(1) Inform the permit holder, agent, or employee in writing that a violation exists;
(2) Allow the permit holder to immediately correct cited violations and eliminate the existing life- threatening violation; or
(3) Suspend the permit and/or immediately lock, secure or close the area of violation;
(4) Require the property to be vacated, if determined necessary by the director; and
(5) Re-inspect the rental property, if the director deems it necessary, to determine if the violation still exists;
(c) In lieu of permit suspension after considering the nature of the potential hazard involved and the complexity of the corrective action needed, the director may specify a longer time frame for the permit holder to correct health hazardous or life-threatening violations.
(Ord. 3802)
If permit holder fails to correct cited violations after three re-inspections, the director may:
(a) Issue a permit suspension;
(b) Require the property to be vacated; and/or
(c) Institute ordinance violation proceedings through municipal court consistent with this article.
(Ord. 3802)
The director shall inform the owner or agent who declines to sign an acknowledgement of receipt of inspectional findings that:
(a) An acknowledgment of receipt is not an agreement with findings;
(b) Refusal to sign an acknowledgement of receipt will not affect the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified;
(c) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the director's historical record for the rental property; and
(d) Make a final request that the permit holder or representative at the inspection sign an acknowledgement receipt of inspection findings.
(Ord. 3802)
Pursuant to this article and with prior warning, the director may suspend a permit for reasons such as:
(a) Nonpayment of re inspection fees;
(b) Denial of access to the director or designee;
(c) Life-threatening violations;
(d) Violations still in existence at a third re-inspection; or
(e) The director determines that a permit holder or representative at the inspection is in violation of the City Code of Ordinances.
(Ord. 3802)
The director may suspend a permit by providing written notice to the permit holder or representative at the time of inspection, without prior warning, notice of hearing, or a hearing, if and when:
(a) The director determines through inspection or other means as specified in this article, that a life- threatening violation exists;
(b) The director determines that permit holder or representative at the inspection is ignoring or refusing to correct a health-hazard violation that can be quickly remediated;
(c) The director determines that permit holder or representative at the inspection is in violation of the City Code of Ordinances;
(d) The permit holder or representative interferes with the director in the performance of their duties.
(Ord. 3802)
A suspension shall remain in effect until the conditions cited in the notice of suspension no longer exist and their elimination has been confirmed by the director through re-inspection or other means as appropriate. The director may initiate any one, or a combination of, compliance methods that include, but are not limited to:
(a) Holding a regulatory conference with the permit holder; and/or
(b) Placing the rental property on probation to allow for a reinstatement of permit with corrective action plan;
(Ord. 3802)
After receiving a written request from the permit holder stating that the conditions cited in the suspension order no longer exist, the director shall conduct a reinstatement inspection of the rental property for which the permit was suspended within three business days, not including city-observed holidays.
(Ord. 3802)
(a) After notifying the permit holder of an opportunity for a hearing, the director may revoke a permit if:
(1) Serious and repeated violation(s) of any requirement of the article or regulations have occurred;
(2) A suspension has been in effect longer than 90 days;
(3) There has been an assault upon or repeated interference with a representative of the director in the performance of their duty; or
(4) Permit holder fails to comply with a permit suspension order.
(b) Any person whose rental property permit has been revoked by the director, after a period of six months, may make written application for a new permit and the director may request a conference to determine whether a new permit will be issued;
(Ord. 3802)
(a) In the event the director orders a property or areas of violation to be vacated, locked or secured, the director shall:
(1) Clearly post a copy of the notice at a public entrance to the rental property or area(s) of violation; and
(2) Send a copy of the notice by first class mail to the permit holder;
(b) No person, other than the director, shall remove a notice posted by the director.
(Ord. 3802)
Appeal request. A permit holder whose permit has been suspended or revoked, or whose property has been ordered vacated, may appeal the director's decision within 30 calendar days following the notice to vacate or of suspension or revocation of a permit to the Appeal Board. If a request for an appeal is not filed by the permit holder within the 30-day period, the action or order is final.
(Ord. 3802)
(a) Any person violating any provision of this article, the rules and regulations of the director, or the conditions and requirements contained in the permit, as any or all of such provisions, rules, regulations, conditions or requirements may be amended, shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished. Such violations apply to actions or inactions taken by the owner, permit holder, their agents, designees or employees.
(b) Failure of any person to obtain a permit or keep the permit in force and effect by proper renewal thereof, where a permit is required, shall constitute a violation of this article.
(Ord. 3802)
(a) Notwithstanding any other enforcement actions pursuant to this article, the director may seek to enforce the provisions of this article by instituting proceedings against the permit holder or other persons who violate its provisions.
(b) Any person convicted of a violation of any provision of this chapter shall be punished for that violation by a fine of not more than $1,000.00, or by imprisonment of not more than 180 days, or by both such fine and imprisonment. Each day on which a violation occurs is a separate violation.
(Ord. 3802)
A notice issued in accordance with this article shall be considered to be properly served if it is served by one of the following methods:
(a) The notice is personally served by the director, a law enforcement officer, or a person authorized to serve a civil process to the permit holder or the tenant.
(b) For notice to the owner, notice shall be deemed sufficient if sent by first class mail to the owner at the address specified in the last permit application filed under this article. If the owner lacks a required permit under this article, notice is deemed sufficient if sent by first class mail to the person listed on applicable county records for purposes of paying property taxes on the subject rental property, to an officer of a corporation, to a person in charge of owner's local business office, or to a registered agent or any other agent authorized by appointment or required by law to receive service of process; or
(c) For notice to the tenant, notice shall be deemed sufficient if sent by first class mail to the tenant, whether by name or by the term "occupant."
(Ord. 3802)
(a) There is hereby established a rental housing appeal board with the following powers and duties:
(1) to hear appeals of orders and actions of the director taken in enforcement of this article.
(2) to conduct hearings required for duties, to cause all hearings to be suitably recorded, and to render its decision in writing.
(3) to advise the director on the processes undertaken by the healthy rental home’s inspection program including, but not limited to, regulations, and code revisions.
(b) The board members shall consist of, the Osawatomie Fire Department Fire Chief or their designee, and 4 residents, business owners and/or landlords, with a total of 5 members. The terms will be offset in either 2- or 3-year terms.
(c) The board shall conduct business as promptly and efficiently as is possible without compromising any rights of the parties.
(Ord. 3802)
In the event the director orders a suspension of a permit for a property or properties in violation to be vacated, locked or secured, the owner shall provide emergency housing and relocation assistance to the tenants, to include
(a) The relocation of the tenant to appropriate accommodations for a term not exceeding three months; and
(b) The moving and storage of personal property for a term not exceeding three months;
(Ord. 3802)