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HomeMy WebLinkAbout3231 OrdinanceORDINANCE NO. c3&3 I AN ORDINANCE amending PMC 5.04.160(a) in regards to Rental- *welling Unit Business License Fees and creating new chapter PMC 5.78 entitled "Rental License" providing for the licensing and inspection of residential rental dwelling units. WHEREAS, Washington legislature has by RCW 59 18 115 found that some residential tenants hve m residences that are sub-standard and dangerous to their health and safety, and WHEREAS, the City Council has determmed there are likewise residential tenants within the city of Pasco living in residences that are sub-standard and potentially dangerous to their health and safety and that sub-standard rental housing has a deletenous effect on the value of nearby housing and may create an environment which creates an increased demand upon City protective services and thereby adversely effecting the health, safety and welfare of the citizens of the city of Pasco, and WHEREAS, the City of Pasco, by the issuances of business licenses has the capacity to regulate business activities to protect the health, safety and welfare of all of the citizens of the city of Pasco, and WHEREAS, the City council has conducted investigations, public hearmgs, public meetings, and received substantial amounts of testimony and evidence concerning the regulation of residential rental units for the benefit of promoting the health, safety and welfare of each citizen of the city of Pasco, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Sub-Section (a) entitled "Rentals-Dwelling Umts" of PMC Section 5 04 160 "Fees" is hereby amended and shall read as follows "5.04.160 Fees (a) Rentals-Dwelling Units Any person renting or making available for rent to the public any dwelling unit shall secure a license registering each dwelling unit including a certification warranting that each such dwelling unit comphes with the Uniform Housing Code as adopted by the City and does not present conditions that endanger or impair the health or safety of the tenants For the purpose the this section, "dwelling unit" shall mean any structure or part of a structure which Rental License Ordinance - Page 1 of 5 is used as a home, residence or sleepmg place by one, two or more persons mamtammg a common household, including but not limited to smgle family residences and umts of multiplexes, apartment buildings and mobile homes The annual busmess license fee shall be $15 00 for each independent busmess location and the first unit and $3 00 for each additional rental dwelling unit available for rental to the public by the applicant All revenues received from this busmess license fee shall be utilized exclusively for the cost of issuance of the hcense provided herem and the administration of Chapter 5 78 of this title Issuance of the busm.ess license shall be contmgent upon submission of the certification, inspection, as required by this title, payment of the fee provided above and comphance with Chapter 5 78 of this title" Section 2. That new Chapter 5 78 entitled "Rental License" shall be added to the Pasco Municipal Code and is hereby adopted and shall read as follows "5.78.010 License Required No person shall make available for rent, or rent, lease, or let, to the public any residential dwelling unit as defined m Section 5 04 160(a) of this title without securmg and maintanung a current busmess license as required by this title" "5.78.020 Inspection 1 1, equired (a) As a condition for the issuance of a license provided by this chapter, the applicant shall provide a certificate of inspection that all of the applicant's rental dwellmg units comply with the standards of the Uniform Housing Code and do not present conditions that endanger or impair the health or safety of a tenant mcluding (1) structural members that are msufficient m size or strength to carry imposed loads with safety, (2) exposure of the occupants to the weather, (3) plumbmg and sanitation defects that directly expose the occupants to the risk of illness or injury, (4) lack of water, including hot water, (5) heatmg or ventilation systems that are not functional or are hazardous, (6) defective, hazardous, or missing electrical wirmg or electrical service, (7) defective or inadequate exits that mcrease the nsk of mjury to occupants, (8) violations that mcrease the risks of fire, or (9) violations of other applicable codes, rules or regulations (b) Timing of Inspection 'To facilitate the availability of an inspection by each applicant, at the time of application, an inspection renewal penod shall be established upon which the applicant shall submit its initial certificate of inspection and the correspondmg renewal date of the certificate of inspection two years thereafter The Rental License Ordinance - Page 2 of 5 renewal periods shall be divided into calender quarters over a two year penod and assigned to the applicant at the time of registration on a rotational basis The first calendar quarter shall commence on the first day of January, temmiatmg on the last day of March, the second calendar quarter shall commence on the first day of April and terminate on the last day of June, the third calendar quarter shall commence on first day July and terminate on the last day of September, and the fourth calendar quarter shall commence on the first day of October and terminate on the last day of December, with one half of which shall be scheduled m years ending with an even digit and the remaining half bemg scheduled m years endmg with an odd digit Certificates of inspection shall be submitted no later than the last day of the applicant's assigned calendar quarter During the first two years of the implementation of this ordmance, the apphcant shall be granted a provisional busmess license pending the timely submission of its initial certificate of mspection (c ) Inspectors The applicant shall submit a certificate o rfmrsgection based upon the physical inspection of the dwelling umts conducted not less than 90 days pnor to the date of the certificate of inspection and compliance certified by any of the following (1) a City of Pasco Code Enforcement Officer, (2) mspectors certified by the Umted States Department of Housing and Urban Development for grant-required inspections, (3) certified pnvate inspectors approved by the City upon evidence of completion of formal training including the passing of an examination administered by the National Association of Housmg and Redevelopment Officials (NAHRO), the American Association of Code Enforcement (AACE) or other comparable professional association as approved by the director of community development which approval or denial shall be subject to appeal to the Code Enforcement Board, (4) a Washington licensed structural engineer, (5) a Washington licensed architect All inspection certifications shall be submitted on forms provided by the City or approved by the United States Department of Housmg and Urban Development (d ) Other inspections Nothing herein shall preclude such additional mspections as may be conducted pursuant to the tenant remedy provided by RCW 59 18 0115 of the Residential Landlord-Tenant Act, at the request or consent of a tenant, or issued pursuant to a warrant" "5.78.030 Violations (a ) Any person violatmg any of the provisions or failing to comply with any of the requirements of this chapter, shall upon a finding that the act oi omission had been committed, be punishable by a fme of not more than $500 dollars and shall be guiltily of a code infraction Each such person is guilty of Rental License Ordinance - Page 3 of 5 Charles D Kilbury Mayor separate code infraction for each and every day during any portion of which any violation of any provision of this chapter is committed, contmued, or permitted by such person and shall be punished as aforestated (b ) Any person who knowingly submits or assists m the submission of a falsified certificate of mspection, or knowingly submits falsified information upon which a certificate of inspection is is'sued, shall, m addition to the penalties provided m sub- section(a) above be guilty of a gross misdemeanor and shall be pumshed by a fine of not more than $5,000 dollars or by impnsonment for a penod of not more than six months, or both, such fme and imprisonment for each separate offense for each and every day during any portion of which any violation of this sub-section shall be committed (c ) In addition to the penalties provided above, any violation of this chapter may result m the revocation of the business licenses provided m this title Any violation of this chapter mcludmg, the determination by the City, after an inspection of the dwellmg unit, that a condition exists which substantially endangers or impairs the health or safety of a tenant may, m addition to the penalties provided above, result m the issuance of a notice of civil violation be subject to the penalties as imposed under the provisions of this code" Section 3. If any provision of this ordinance is declared unconstitutional, or the applicability thereof to any person or circumstances is held mvalid, the constitutionality of the remainder of this ordinance and the applicability thereof to persons and circumstances shall not be affected thereby Section 4. This ordinance shall take full force and effect on January 1, 1998 PASSE P by the City Council of the City of Pasco, Washington this \-14k day of July, 1997 ATTEST Cathenne D Seaman Deputy City Clerk Rental License Ordinance - Page 4 of 5 APPROVED AS TO FORM Leland B Kerr City Attorney Rental License Ordmance - Page 3 of 3 DATE 137 /1 / 97 LEGAL NO ACCOUNT N0 505 DESCRIPTION #1243 01-,E1 :271 TIMES 001 LINES 30 .00 DAY 0 Notary public in and for the State of ash- ington, residing at rtefinewtcicI CHLAND , WA COMMISSION EXPIRES "2/16/`)0 r- • Via- *OW • 'I; 0 BOX 2608 PAS60 WASHINGTON 99302 2608 - PHONE (509) 582 1500 LEGAL ADVERTISING INVOICE SOLD TO 1.-.Ar-1CO. C 1 TY OF LLUALS FO. BOX 293 PASCO WA '93.1%01 T T LS .7;57.,:40 PSOTOCE This Is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFERDAYST W USBESCALF1100 1 8 1997 k AN4 DEPT. COUNTY OF BENTON ss STATE OF WASHINGTON l<111 BEEOLLI , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a*" 248 OkD 3231 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, I time(s), commencing on 0 / 9 , and ending on ()//.1. c/.9 , and that said newspaper was regulary distributed to its subscribers during all of this period 4<ifY) LOe `6)-toL SUBSCRIBED AND SWORN BEFORE ME THIS 15 40 LEGALS LEGALS ORDINANCE NO 3231 AN ORDINANCE amepding PMC 5 04 160 in regards to Rental Dwelling Unit Business License Fees and creating new chapter 5 78 entitled Rental License providing for the licensing and Inspection of residential dwelling units WHEREAS Washington legislature has by RCW 59 18 115 found that some residential tenants live in residences that are sub standard and dangerous to their health and safety and WHEREAS the City Council has determined there are likewise residential tenants within the City of Pasco living in residences that are sub standard and potentially dangerous to their health and safety and that sub standard rental housing has a deleterious effect on the value of nearby housing and may create an environment which creates an increased demand upon City protective services and thereby adversely effecting the health safety and welfare of the citizens of the City of Pasco and WHEREAS the City of Pasco has by the issuances of business licenses the capacity to regulate business activities to encourage safe operation of all residential rental properties and WHEREAS the City Council has conducted investigations public hearings public meetings and received substantial amounts of testimony and evidence concerning the regulation of residential rental units for the benefit of promoting the health safety and welfare of each citizen of the City of Pasco NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO ORDAIN AS FOLLOWS Section 1 That Sub-Section (a) entitled Rentals Dwelling Units of PMC Section 5 04 160 Fees is hereby amended and shall read as follows 5 04 160 Fees (a) Rentals Dwelling Units Any person renting or making available for rent to the public any dwelling unit shall secure a license registering each dwelling unit including a certification warranting that each such dwelling unit complies with the Uniform Housing Code as adopted by the City and does not present conditions that endanger or impair the health or safety of the tenants For the purpose of this section dwelling unit shall mean any structure or part of a structure which is used as a home residence or sleeping place by one two or more persons maintaining a common household including but not limited to single family residences and units of multiplexes apartment buildings and mobile homes The annual business license fee shall be $1500 for each independent business location and the first unit and $3 00 for each additional rental dwelling unit available for rental to the public by the applicant All revenues received Iron'. this business license shall be contingent upon submission of the certification inspection as required by this title payment of the fee provided above and compliance with Chapter 5 78 of this title Section 2 That new Chapter 5 78 entitled Rental License shall be added to the Pasco Municipal Code and is hereby adopted and shall read as follows 5 78 010 License Required No person shall make available for rent or rent lease or let to the puNic any residential dwelling unit as defined in Section 5 04 160 (a) of this title without securing and maintaining a current business license as required by this title 5 78 020 Inspection Required (a) As a condition for the issuance of a license provided by this chapter the applicant shall provide a certificate of inspection that all of the applicant s rental dwelling units comply with the standards of the Uniform Housing Code and do not present conditions that endanger or impair the health of safety of a tenant including (1) structural members that are insufficient in 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) lack of water including hot water (5) heating or ventilation systems that are not functional or are hazardous (6) defective hazardous or missing electrical wiring or electrical service (7) defective or inadequate exits that increase the risk of injury to occupants (8) violations that increase the risk of fire or (9) violations of other applicable codes rules or regulations (b) Timing of Inspection To facilitate the availability of an inspection by each applicant at the time of application an inspection renewal period shall be established upon which the applicant shall submit its initial certificate of inspection and the corresponding renewal date of the certificate of inspection two years thereafter The renewal periods shall be divided into calendar quarters over a two year period and assigned to the applicant at the time of registration on a rotational basis The first calendar quarter shall commence on the first day of January terminating on the last day of March the second calendar quarter shall commence on the first day of April and terminate on the last date of June the third calendar quarter shall commence on the first day of July and terminate on the last day of September and the fourth calendar quarter shall commence on the first day of October and terminate on the last day of December with one half of which shall be scheduled in years ending with an even digit and the remaining half being scheduled in years ending with an odd digit Certificates of inspection shall be submitted no later than the last day of the applicant s assigned calendar quarter During the first two years of the implementation of this ordinance the applicant shall be granted a provisional business license pending the timely submission of its initial certificate of inspection (c) Inspectors The applicant shall submit a certificate of inspection based upon the physical inspection of the dwelling units conducted not more than 90 days prior to the date of the certificate of inspection and compliance certified by any of the following (1) A City of Pasco Code Enforcement Officer (2) Inspectors certified by the United States Department of Housing and Urban Development for grant required inspections (3) Certified private inspectors approved by the City upon evidence of completion of formal training including the passing of an examination administered by the National Association of Housing and Redevelopment Officials (NAHRO) the American Association of Code Enforcement (AACE) or other comparable professional association as approved by the Director of Community Development which approval or denial shall be subject to appeal to the Code Enforcement Board (4) A Washington licensed structural engineer (5) A Washington licensed architect All inspection certifications shall be submitted on forms provided by the City or approved by the United States Department of Housing and Urban Development (d) Other Inspections Nothing herein shall preclude such additional inspections as may be conducted pursuant to the tenant remedy provided by RCW 59 18 0115 of the Residential Landlord-Tenant Act at the request or consent of a tenant or issued pursuant to a warrant 5 78 030 Violation (a) Any person violating any of the provisions or failing to comply with any of the requirements of this chapter shall upon a finding that the act or omission had been committed be punished by a fine of not more than $500 dollars and shall be guilty of a code infraction Each such person is guilty of separate code infraction for each and every day during any portion of which any violation of any provision of this chapter is committed continued or permitted by such person and shall be punished as aforestated (b) 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 in addition to the penalties provided in subsection (a) above be guilty of a gross misdemeanor and shall be punished by a fine of not more than $5 000 dollars or by imprisonment for a period of not more than six months or both such fine and imprisonment for each separate offense for each and every day during any portion of which any violation of this sub section shall be committed (c) In addition to the penalties provided above any violation of this chapter may result in the revocation of the business licenses provided in this title Any violation of this chapter including the determination by the City after an inspection of the dwelling unit that a condition exists which substantially endangers or impairs the health or safety of a tenant may in addition to the penalties provided above result in the issuance of a notice of civil violation by subject to the penalties as imposed under the provisions of this code Section 3 If any provision of this ordinance is declared unconstitutional or the applicability thereof to any person or circumstances is held invalid the constitutionality of the remainder of this ordinance and the applicability thereof to persons and circumstances shall not be affected thereby Section 4 This ordinance shall take full for and effect on January 1 1998 PASSED by the City Council of the City of Pasco Washington this 7th day of July 1997 s Charles D Kilbury Mayor ATTEST s Catherine D Seaman Deputy City Clerk -s Leland B Kerr City Attorney #1248 7/13/97