|
|||||
There is a new initiative in Davenport to revise ordinances affecting rental properties. During a recent meeting with City Representatives, fellow landlords were succesful in getting some changes made. The proposed ordinance will be presented to the City Council for approval within the next three weeks. Following is the City proposal: City of Davenport Committee: Public Safety Committee Action / Date PS 1/21/09 Department: Legal Contact Info: Thomas Warner 7735 Subject: ORDINANCE amending Section 8.15.145 entitled “Licensing, permits and inspections for rental property” and other various sections to Chapter 8.15 dealing with rental property regulation. Recommendation: Pass the Ordinance. Background: A request was made to increase the resistance of rental properties within the City to criminal activities. The proposed ordinance requires a 24-hour emergency contact and responder, background checks (Note: VIPs at the Davenport Police Department currently offer this service on a voluntary basis), and property inventory measures to make sure the City is update on the inventory of rental properties within the city. The proposed ordinance also provides several disincentives to landlords whose properties are disproportionately using city services, namely: a rental fee surcharge for excessive police and fire responses and license revocations for properties in noncompliance: 1) on a frequent and recurrent basis; or 2) have remained on a one year inspection schedule for three years. ORDINANCE NO.___ ORDINANCE amending Section 8.15.145 entitled “Licensing, permits and inspections for rental property” and other various sections to Chapter 8.15 dealing with rental property regulation. BE IT ENACTEDED BY THE CITY COUNCIL OF THE CITY OF DAVENPORT, IOWA: Section 1. That Section 8.14.145 is hereby amended to read as follows: 8.15.145 Licensing, permits and inspections for rental property. A. General. It shall be a violation of this code for any person to let to another for rent and/or occupancy any dwelling, dwelling unit, duplex, multiple dwelling, sleeping room, single-family dwelling or condominium unless all of the following criteria are met: 1. The owner or agent holds a valid certificate of structure compliance, issued by the city applicable to those portions of the specific structure used for residential rental purposes or affecting any areas used for residential rental purposes. 2. The owner or agent holds a valid rental license issued by the city, in the name of the owner or agent, applicable to those portions of the specific structure used for residential rental purposes. 3. The owner or agent has attended the Crime Free Multi-Housing classes on or before: a. December 31, 2007 if on a one or two year rental inspection cycle; b. December 31, 2008 if on a rental inspection cycle greater than two years; or c. Within six months of obtaining an initial rental license issued by the City. 4. The owner provides the name(s) of a 24-hour emergency contact(s), to community services division of the fire department, who can provide the names of the residents and has authority to make decisions with respect to the property. 5. The owner has in place, at a minimum, the standard screening and background check process acceptable to the community services division of the fire department. B. Certificate of Structure Compliance. The certificate of structure compliance, when issued, shall certify that the requirements of this code are met. The certificate shall be transferable at the time of a change in ownership and shall be maintained as a public record of the city. The certificate, in and of itself, shall not be interpreted as granting the owner or operator the privilege of letting the structure for residential occupancy, but must be accompanied by a valid rental license. The certificate of structure compliance shall state the date of issuance and the address of the structure to which it is applicable. All dwelling units and sleeping rooms being let for rent and/or occupancy without a valid certificate of structure compliance may be ordered vacated. C. Issuance of Certificate of Structure Compliance. When the owner or operator has complied with the provisions of this code, along with payment of the required fees, the city shall issue a certificate of structure compliance. The certificate of structure compliance shall expire two years from the date of the dwelling inspection. However, the certificate of structure compliance may expire four years from the date of the inspection for single and two-family structures pursuant to in accordance with the inspection cycle established pursuant to subsection G. D. Revocation of Certificate of Structure Compliance. When there exists a material and substantial noncompliance with this chapter which directly affects the health, life, safety or property of the occupants or the public, the city may revoke the certificate of structure compliance in whole, or modify the certificate to reflect the compliance of each dwelling unit or sleeping room within a structure. E. Rental License. A rental license shall be a document issued to each individual property that is properly registered with the city and shall be valid for one year. The document shall be transferable from one owner or agent to another at any time prior to its expiration, termination or revocation. The owner or agent shall notify the city of any change of interest or ownership in the property within 30 sixty days of any conveyance or transfer of interest affecting the property and provide the name and address of all persons who have acquired an interest therein. In the event the city has not been notified of such conveyance or transfer within the designated period of time, the rental license may be transferred from the owner or agent to another upon payment of a fee, the amount of which shall be established by resolution of the city council. The fee shall be assessed to the new owner or agent. The rental license shall state the date of issuance, the address of the structure to which it is applicable and its expiration date. All dwelling units and sleeping rooms being let for rent and/or occupancy without a valid rental license with the city and fees paid may be ordered vacated and/or the owner shall be subject to a fine and/or municipal infraction, the amount of which shall be established by the city council and placed on a one-year inspection cycle. F. Registration of Rental Property. It is the responsibility of the owner and/or agent of any building used for rental purposes as defined by this code to register said building with the city for the purpose of rental licensing within 30 sixty days after title transfer or occupancy of the building. G. Dwelling Inspection Schedule. Rental dwellings as defined in this chapter will be inspected in accordance with the inspection schedule policy of the community services division and fire department. Said policy shall be consistent with the guidelines promulgated by council in Motion 2005-85, or later amendments to that motion as may be approved by council. H. Issuance of a Rental License. The city shall issue a rental license upon payment of all fees and/or penalty fees as applicable. I. Revocation of a Rental License. The code enforcement officer or designee shall have the authority to revoke a rental license on any building that is in continual noncompliance with this chapter in any of the following ways: 1) on a frequent and recurrent basis; or 2) has remained on a one year inspection schedule for three consecutive years. The owner or agent of the affected property shall be notified in writing by certified mail of the license revocation. If the license is subsequently reinstated the property will initially be placed on a one-year cycle. J. Appointments for Inspections. Appointments for inspections with the owner/agent of the building shall be scheduled by the city. The owner/agent may request the appointment to be rescheduled. However, the inspection shall be performed within thirty days of the original date unless modified by the property maintenance code board of appeals or code enforcement officer. An owner/agent shall be required to arrange for access to all portions of the building. Failure to provide access to all portions of the building shall prevent the issuance of a certificate of structure compliance, and thus compliance with the law. The owner/agent shall notify all tenants of the inspection in accordance with Iowa law. K. Inspections shall not be: 1. Conducted with a minor as the sole representative of the owner. 2. Conducted against the will of the tenant without the building's owner/agent present. 3. Conducted without prior notice to the tenant, as required by state law. 4. Conducted in an occupied dwelling without the owner/agent or tenant of the dwelling or designated agent being present. Should the person in control of the unit refuse admittance to the code enforcement officer or designee and refuse to reschedule the inspection or reinspection, a request to the court to issue a search warrant may be prepared, subject to approval by the legal department. All areas of each dwelling governed by this code shall be inspected. Should access not be obtained to all areas, a reinspection must be scheduled and an additional fee may be charged for each subsequent reinspection of accordance with the established fee schedule. L. Provision of False Information Prohibited. No person shall provide false information to the city in connection with the licensing, permitting, or inspection of a property whether owner occupied or not. Section 2. That Section 8.15.150 is amended to read as follows: 8.15.150 Fee schedule. Fees shall be charged for services rendered in relation to this code. These services include but are not limited to the following: licenses, inspections, and failure to appear for any scheduled inspections, late cancellations, and appeals. The amount shall be established by resolution of the city council. As a nuisance abatement remedial measure the fee schedule shall include a per tax parcel per response surcharge for police and fire department responses, excluding emergency medical responses, in an amount equal to the approximate cost of the response, plus a processing fee, for all responses above the nuisance threshold set forth immediately below within a calendar year. Number of Units on Tax Parcel Number of Responses Prior to Being a Nuisance 1-3 10 4-8 25 9-24 50 25 or more 75 In the case of police responses the number shall be based upon founded calls. Within ten days of the date of a surcharge invoice, the owner may request the fire chief or his designee review the call log to verify the number of responses and provide the owner with the dates and nature of the responses included in the bill. Section 3. That Subsection 8.15.165(E) is amended to read as follows: E. Violations-Penalties. Any person or entity who violates any of the provisions of this code shall be guilty of a municipal infraction. Any person or entity who violates any of the provisions of this chapter shall be guilty of a municipal infraction; and shall be fined thirty dollars for a first offense, one hundred dollars for a second offense and two hundred dollars for every offense thereafter for the same violation. However, in addition to all other remedies and sanctions available, violations of Subsection 8.15.145(A)(3) and Section 8.15.145(L) shall be punished by a fine of two hundred fifty dollars for the first offense and five hundred dollars for each violation thereafter. Additionally, violations of 8.15.155(G)(3) may be charged and punished as a simple misdemeanor. The code enforcement officer is authorized to enforce this chapter pursuant to procedures and remedies set forth in this chapter as well as Chapter 1.30. SEVERABILITY CLAUSE. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. EFFECTIVE DATE. This ordinance shall be in full force and effective after its final passage and publication as by law provided. First Consideration ___________________________________ Second Consideration __________________________________ Approved __________________________________ _________________________________ William E. Gluba Mayor Attest: _________________________________________ Jackie Holecek, CMC Deputy City Clerk Published in the Quad City Times on ____________________________
Thread Tree:
Add A Reply:
Calendar | Photo Gallery | About Us | Login |
|||||
Quad Cities Rental Property Association, Inc. Site design and maintenance by Ryan McMillan |
