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
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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