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HomeMy WebLinkAbout5221 ORDINANCE NO. 5221 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating new Chapter 5 06 BMC entitled "Rental Property Registration" providing for the registration and inspection of rental dwelling units WHEREAS, the City Council of the City of Bremerton has determined that there are residential tenants within the City of Bremerton living in residences that are substandard and potentially dangerous to their health and safety, and WHEREAS, substandard rental housing also has a harmful effect on the value of nearby housing, and WHEREAS, substandard rental housing also creates an environment which creates an increased demand upon City services and thereby adversely affecting the health, safety, and welfare of the citizens of the City of Bremerton, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. A new chapter, Chapter 5 06 of the Bremerton Municipal Code entitled "Rental Property Registration " is hereby adopted to read as follows Chapter 5.06 RENTAL PROPERTY REGISTRATION 5.06.010 PURPOSE. The City Council finds that rental housing is a valuable community asset, providing homes for all income levels Additionally, the City Council finds that there exists rental housing in the City that are below the minimum building standards and appear to violate RCW 59 18 060 of the Residential Landlord -Tenant Act and that such substandard conditions constitute a public nuisance As a result, to ensure the public health, safety, and welfare of its citizens and the maintenance of quality rental housing in the City, this code establishes a program to prevent and correct conditions in residential rental units that adversely affect or are likely to adversely affect the health, safety, and welfare of the public It is the purpose of this section to assure that rental housing within the City is actively operated and maintained in compliance with RCW 59 18 060 5.06.020 DEFINITIONS. "BMC" means Bremerton Municipal Code "Building Code" means the City Building Code set forth in Chapter 17 04 BMC "Certificate of Inspection" means a certificate made in accordance with the requirements of RCW 9A 72 085 by a qualified inspector on forms provided by the City that states that the owner of rental property has not failed to fulfill any substantial obligation imposed under RCW 59.18 060 of the Landlord Tenant Act, as defined in this section, that endangers or impairs the health or safety of a tenant. 1 Rental Property Registration BMC "Code enforcement officer" means code enforcement officer as defined in Chapter 104 "Declaration of Compliance" means an unworn statement, declaration, verification, or certificate made in accordance with the forms provided by the City that each dwelling unit complies with 59 18 060 of the Landlord Tenant Act as defined in this section, as currently enacted and hereinafter amended, and does not present conditions that endanger or impair the health or safety of the tenants "Director" means the Director of Community Development or designee as applicable and any other department director authorized by the Mayor to enforce this chapter, or their designee, including, but not limited to, code enforcement officer, building official and other designated City official "Dwelling unit" means any structure or part of a structure which is used as a home, residence, or sleeping place by one or more persons maintaining a common household, including but not limited to single - family residences, a room, rooming units, units of multiplexes, condominiums, apartment buildings, and mobile homes "Fire Code" means the City Fire Code set forth in Chapter 18 02 BMC "Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part and in addition means any person designated as representative of the landlord having an interest in and/or responsible for the management of the rental property. "Landlord Tenant Act" means the Residential Landlord -Tenant Act set forth in Chapter 59 18 RCW, as currently enacted and hereinafter amended "Owner" means one or more persons, ,jointly or severally, in whom is vested all or any part of the legal title to rental property or all or part of the beneficial ownership and a right to present use and enjoyment of the property "Person" means an individual, group of individuals, corporation, government, or governmental agency, business trust, estate, trust, partnership, or association, two or more persons having ajomt or common interest, or any other legal or commercial entity. "Qualified inspector" means a United States Department of Housing and Urban Development - certified inspector, a Washington State - licensed home inspector, an American Society of Home Inspectors - certified inspector, a private inspector certified by the National Association of Housing and Redevelopment Officials, the American Association of Code Enforcement, International Code Council certified inspector, or other comparable professional association as approved by the Director of Community Development, a Washington - licensed structural engineer, or a Washington - licensed architect An "owner" as defined in this section is not eligible to act as a qualified inspector "RCW" means Revised Code of Washington "RCW 59 18 060 of the Landlord Tenant Act" means, for the purpose of this chapter, subsections RCW 59.18 060(1) through RCW 59 18.060(l 0), as currently enacted or hereinafter amended, relating to the landlords duties, which provides as follows• (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant, (2) Maintain the structural components including, but not limited to, the roofs, floors, walls, chimneys, fireplaces, foundations, and all other structural components, in reasonably good repair so as to be usable, (3) Keep any shared or common areas reasonably clean, sanitary, and safe from defects increasing the hazards of fire or accident, (4) Provide a reasonable program for the control of infestation by insects, rodents, and 2 Rental Property Registration other pests at the initiation of the tenancy and, except in the case of a single - family residence, control infestation during tenancy except where such infestation is caused by the tenant, (5) Except where the condition is attributable to normal wear and tear, make repairs and arrangements necessary to put and keep the premises in as good condition as it by law or rental agreement should have been, at the commencement of the tenancy, (6) Provide reasonably adequate locks and famish keys to the tenant, (7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order, (8) Maintain the dwelling unit in reasonably weathertight condition, (9) Except in the case of a single- family residence, provide and maintain appropriate receptacles in common areas for the removal of ashes, rubbish, and garbage, incidental to the occupancy and arrange for the reasonable and regular removal of such waste, (10) Provide facilities adequate to supply heat and water and hot water as reasonably required by the tenant "Rental property" or "property" means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex "Tenant" is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes with or without a rental agreement 5.06.030 REGISTRATION AND DECLARATION REQUIRED. (a) General Business License Required No person shall make available for rent, lease, or let, to any person a "dwelling unit" as defined in BMC 5 06.020 above without securing and maintaining a current annual general business license as required by Chapter 5 02 BMC entitled "General Business Licenses" (b) Registration and Declaration of Compliance Any person renting or making available for rent to the public any dwelling unit that requires a general business license pursuant to Chapter 5 02 BMC shall, annually with the General business license application or renewal, (1) Register each dwelling unit, (2) Provide the City with the name and contact information of a local person or entity as a point of contact for the properties if the owner does not maintain a local residence or a place of business. If the owner maintains a local residence or place of business, provide the name and contact information of a secondary emergency point of contact which does not have to be local For purposes of this subsection, local means within sixty (60) road/driving miles from the subject property or within thirty (30) road/driving miles from the Washington State ferry terminal located in downtown area of the City of Seattle, (3) Provide an email or mailing address or other method of contact as approved by the Bremerton Police Department for participation in the department's Landlord Notification Program for notice of police activity on the rental property, and (4) File with and as part of the registration a declaration of compliance as defined in BMC 5.06 020 above that each dwelling unit complies with RCW 59 18 060 of the Landlord Tenant Act and does not present conditions that endanger or impair the health or safety of the tenants (c) Conditions of Issuance Issuance of the general business license shall require, (1) Registration of dwelling units and providing the name of a local contact person or entity as required in BMC 5 06 030(b) above, (2) Submission of a declaration of compliance as required in BMC 5 06 030(b) above or, as applicable, submission of certificate of inspection if required by BMC 5 06 040 below, (3) Payment of applicable fees, and 3 Rental Property Registration (4) Compliance with this chapter (d) Revocation or Denial Any general business license issued under Chapter 5 02 BMC may be revoked or denied for any violation of this chapter by the licensee, or his or her agents or employees pursuant to BMC 5 02 180 5.06.040 VIOLATIONS AND INSPECTIONS. To ensure compliance with RCW 59 18 060 of the Landlord Tenant Act related to conditions of rental housing, the following shall apply (a) Pending Violation — Correction Notice Whenever the City is provided notice of a violation of the Building Code, the Fire Code, and/or violations of any other applicable City code or state law which endangers or impairs the health or safety of a tenant, the City code enforcement officer shall issue a correction notice to the owner pursuant to Chapter 104 BMC Notice to the City of the violation may be provided as a result of a pending code enforcement proceeding or other similar action on rental property, an on -site visit by a City official, or by any other means The owner shall cure the violation in the time period as requested by the code enforcement officer or provide a plan acceptable to the City to bring the property into compliance with RCW 59 18 060 for any existing violation (b) Notice of Violation - Hearing In the event the owner does not or cannot cure the violation or obtain an approved plan within the required time period stated in the correction notice, a notice of violation shall be mailed or otherwise served to the owner scheduling a hearing before the Administrative Hearing Examiner pursuant to BMC 104 080 (c) Certificate of Inspection — Required In the event a hearing is held before the Administrative Hearing Examiner and an order is issued requiring the owner to cure the violation, the City may request, as part of the order, that the owner obtain a Certificate of Inspection pursuant to this section The Certificate of Inspection must be provided by a qualified inspector for the subject rental property to ensure full compliance with the order and with RCW 59 18 060 of the Landlord Tenant Act and does not present conditions that endanger or impair the health or safety of a tenant The dwelling unit or units of the rental property to be inspected and the extent of the inspection shall be as required by the Administrative Hearing Examiner's order (d) Filing of Certificate of Inspection The certificate of inspection shall be filed with the City by the date and upon the conditions required by the Administrative Hearing Examiner's order If a qualified inspector, other than a City code enforcement officer, performs the inspection and a selected unit or units of the rental property fails the initial inspection, both the results of the initial inspection and any certificate of inspection must be provided to the City (e) False Reporting — Misdemeanor Any person who knowingly submits or assists in the submission of a falsified declaration of compliance or certificate of inspection is guilty of a misdemeanor pursuant to BMC 1 12 020(2) Any inspector convicted of, admitting to or submitting a falsified certificate of inspection, will no longer be a qualified inspector as defined under BMC 5 06 020 above (f) Notice of Inspection to Tenant Notice to Tenant of an inspection shall be provided as follows (1) Landlord shall provide written notification of his or her intent to enter an individual unit for the purposes of providing the City a certificate of inspection in accordance with RCW 59 18 150(6) of the Landlord Tenant Act. The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector's identification before the inspector enters the 4 Rental Property Registration individual unit A copy of this notice must be provided to the inspector upon request on the day of inspection (2) A tenant who continues to deny access to his or her unit is subject to RCW 59 18 150(8) of the Landlord Tenant Act. 5.06.050 INSPECTION FINDINGS — REVIEW AND APPEAL. (a) Administrative Review of Findings If a rental property owner does not agree with the findings of an inspection performed by a qualified inspector, as defined under this section, the property owner may request an administrative review by the Director by filing a written request with the Department of Community Development within fourteen (14) calendar days of the inspection or may file a direct appeal to the Administrative Hearing Examiner pursuant to BMC 5 06 060 below The request shall state in writing the reasons the Director should review the findings Failure to state the basis for the review in writing shall be cause for dismissal of the review Upon receipt of the request for administrative review, the Director shall review the information provided In lieu of filing an appeal with the Director, an appeal may also be made directly to the Administrative Hearing Examiner pursuant to subsection (c) below within thirty (30) calendar days of the inspection (b) Decision of Director After considering all of the information provided, including information from the code enforcement officer and the City Attorney, or his or her designee, the Director shall affirm, or modify the findings of inspection The Director's decision shall be delivered in writing to the appellant by first -class mail, email or hand delivery (c) Administrative Appeal Appeals of the Decision resulting from the Director's review shall be made to the Administrative Hearing Examiner pursuant to BMC 5 06 060 below 5.06.060 ADMINISTRATIVE APPEALS. (a) Administrative appeals may be filed as follows (1) General Business License Revocation or denial of a general business license issued pursuant to Chapter 5 02 BMC may be appealed as provided in BMC 5 02 180. (2) Penalties, Directors Decision and Findings of an Inspection The assessment of penalties pursuant to BMC 5 06 070 below, a decision of the Director pursuant to BMC 5 06 050(b) above and the findings of an inspection performed by a qualified inspector pursuant to BMC 5 06 040(c) above ( "administrative determination ") may be appealed using the appellate procedures set forth in this section (b) Any applicant or licensee may, within fourteen (14) calendar days from the date notice of the administrative determination was mailed to the applicant or licensee, appeal such administrative determination by filing a written notice of appeal setting forth the grounds thereof with the Administrative Hearing Examiner pursuant to Chapter 2 13 BMC A filing fee as set forth in Chapter 3 01 BMC, Community Development — Rate Table C, shall be submitted with the appeal The filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2 13 BMC After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial or revocation and order issuance or reinstatement of the license, and may impose any terms thereupon. (c) No administrative determination issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the 5 Rental Property Registration Director, and if the appeal is timely filed, the administrative determination shall be stayed pending final action by the Administrative Hearing Examiner (d) The decision of the Administrative Hearing Examiner shall be final. The applicant or licensee and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty -one (21) calendar days from the date of the decision If review is sought as herein prescribed the administrative determination shall be stayed pending final action by the Superior Court 5.06.070 VIOLATIONS AND ENFORCEMENT. Violations of this chapter constitute a public nuisance and may be enforced, in addition to the provisions of this chapter, pursuant to the Building Code, the Fire Code, Chapter 9 92 BMC, Chronic Nuisance Properties, Title 6 BMC, Health and Sanitation and/or any other applicable City code or state law In the event of a violation of the provisions of this chapter, the City may take the following action (a) Remedies If the City finds that any person, firm or entity fails to register a rental dwelling unit as required herein, file the required certificate of inspection as applicable and/or violates any other provision of this chapter, the City may take any one or more of the following actions to remedy the violation (1) Impose a civil penalty as set forth in Chapter 3 01 BMC, Community Development — Rate Table C, and/or (2) Revoke or deny the General Business License issued pursuant to Chapter 5 02 BMC as authorized in BMC 5 02 180 (b) Code Enforcement In addition to the remedies set forth in BMC 5 06 070(a) above, any violation of any provision of this chapter constitutes a civil violation under Chapter 104 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein SECTION 2. Effective Date of Chapter 5 06 BMC The provisions of Chapter 5 06 BMC set forth in Section 1 above shall take effect and be in force January 1, 2014. SECTION 3. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the / 7 day of JUJI , 2013 GREG H ELER, Council President i 6 Rental Property Registration i Approved this / a day of �u�� , 2013 PATTY LEN , ;�Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk RO ER A LUBOVICH, Ctt PUBLISHED the % "� day of dvvi 0 , 2013 EFFECTIVE the of 2013 ORDINANCE NO 5221 R \ Legal \Legal \Ordinances \Community Development\Rental Property Registration\Rental Property Registration 2013 -Final doc Rental Property Registration AFFIDAVIT OF PUBLICATION Account #42742 AD# 20134264 STATE OF WASHINGTON COUNTY OF KTTSAP I, Rolene Buswell, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on June 24, 2013 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $34 74 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of June 26, 2013 NOTARY PUBLIC STATE OF WASHINGTON CHRISTY �lr� OFFITT My Appointment E July 08, 2016 ORDINANCE NO 5221 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating new Chapter 5 06 BMC entitled "Rental Property Registration" providing for the registration and inspection of rental dwelling units PASSED by the City Council on the 19th day of June, 2013 The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337 June 24, 2013 Ad# 20134264