HomeMy WebLinkAbout5269 ORDINANCE NO. 5269
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 5.06 of the Bremerton
Municipal Code entitled"Rental Property Registration."
WHEREAS, the City Council desires to amend Chapter 5.06 of the Bremerton
Municipal Code to update provisions relating to contact information and to make other related
changes;NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES•HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.06 of the Bremerton Municipal Code entitled "Rental
Property Registration" is hereby amended 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 is below the minimum building standards and appears 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 chapter 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.
"Code enforcement officer"means code enforcement officer as defined in Chapter 1.04
BMC.
"Declaration of compliance" means an unswom statement, declaration,verification, or
certificate made in accordance with the forms provided by the City that each dwelling unit
complies with RCW 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.
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"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(1)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 and other similar residential
structures.
"Fire Code" means the City Fire Code set forth in Chapter 18.02 BMC.
"Landlord" means the owner, , or-sublesser-of the dwelling unit or-the pr-epefty e
whieh it is a pai4 and in addition means any per-son designated as representative of the landlerd
having an interest in and/or-r-espensible for-the manageme of trental 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,
governmental agency,business trust, estate,trust, partnership, association, two R+or more
persons having a joint 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,
RCW 59.18.060(l) through (10), as currently enacted or hereinafter amended, relating to the
landlord's duties, which provide 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 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
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and furnish 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) Gefler-al Business Lie-ease Required. Ne pmen shall mAe available for- ,
lease, ef let to any pefsen a "dwelling unit" as defined in BMC 5.06.020 witheet seeur-ing and
maintaining a euffent annual gener-eA business 1i Fiir-ed by Chapter-5.02 BMG entitled
"Gene.-al Business r : s "
(ba) Registration and Declaration of Compliance. Any person-landlord renting or
making available for rent to the publie any a"dwelling unit" as defined in BMC
5.06.020 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 landlord's name and contact information;
(3) Provide the City with the name and contact information of any person
designated by the landlord as an alternate contact or as a representative of the landlord
responsible for the management of the of rental propegy(optional41- lenal per-sen or-enti"
a point of eentaet for-the properties if the owner does not maintain a leeal r-esidenee or-a plaee e
For-pufpeses of this subseetion, leeal means within sixty(60)r-ead/driving miles ffem the s*eet.
pr-epefty or-within thifty(30)fead/dr-iving miles from the Washington Swe ferry teFffliflal
leeated in downtown afea of the City of Seat4le;
(34) 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
(45) File with and as part of the registration a declaration of compliance as
defined in BMC 5.06.020 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.
(eb) Conditions of Issuance. Issuance of the general business license shall require:
(1) Registration of dwelling units and providing the landlord's name of a-leeal
and contact information as required in subsection(ba) of this section;
(2) Submission of a declaration of compliance as required in subsection(ba)
of this section or, as applicable, submission of certificate of inspection if required by BMC
5.06.040;
(3) Payment of applicable fees; and
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(4) Compliance with this chapter.
(dc) 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 1.04 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 1.04.080.
(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.
(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,
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and that the tenant has the right to see the inspector's identification before the inspector enters the
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 landlord does not
agree with the findings of an inspection performed by a qualified inspector, as defined under this
chapter, the prepeFty ow landlord 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. 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)of this
section 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.
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,Director's Decision and Findings of an Inspection. The
assessment of penalties pursuant to BMC 5.06.070, a decision of the Director pursuant to BMC
5.06.050(b) and the findings of an inspection performed by a qualified inspector pursuant to
BMC 5.06.040(c) ("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
reinstatcment 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
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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 (2 1) 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; BMC Title 6,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 landlord 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(1)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 subsection(a)of this
section, any violation of any provision of this chapter constitutes a civil violation under Chapter
1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement
may be required as provided therein.
SECTION 2. 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 3. E fective 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 day of 92015
RE ELER, Council President
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Approved this Zj ST day of 2015
PATTY Lr, ayor
ATTEST: APPROVED AS TO FORM:
SHANNON CORIN, City Clerk 5kRER A. LUBOVIC , i ttorney
PUBLISHED the 41�- day of , 2015
EFFECTIVE the day of , 2015
ORDINANCE NO. 52-4o9
R:\Lcgal\Legal\Ordinances\Community Development\Rental Property Registration\Rental Property Registration-2015
Amendment].docx
Rental Property Registration
AFFIDAVIT OF PUBLICATION
Account#42742 AD#20145263
STATE OF WASHINGTON
COUNTY OF KITSAP
I,Mandi Teasley,being first duly sworn on oath,deposes and says:That she is now,and at all times
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 Jan.26,2015 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 _
Notary Public
State of Washington
TISHA SULLIVAN
My Appointment Expires Aug 4, 2018
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of February 11,2015.
ORDINANCE NO. 5269
AN ORDINANCE of the City Council of the City of Bremerton,Washington,amending Chapter 5.06 of
the Bremerton Municipal Code entitled"Rental Property Registration."
PASSED by the City Council on the 21 st day of January,2015.
The full text of this ordinance is available from the City Clerk's Office,345 Sixth Street,Suite 600,
Bremerton,WA 98337.
JAN.26,2015
AD#20145263