HomeMy WebLinkAboutOrd 2281 - Residential Rental Business License and Inspection Program
Cover page to Ordinance 2281
The full text of the ordinance follows this cover page.
Ordinance 2281 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
1 (part) 2459
1 (part) 2496
1 (part) 2519
1 (part) 2549
1 (part) 2600
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City of Tukwila
Washington
Ordinance No. 2281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING RESIDENTIAL RENTAL HOUSING
REGULATIONS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 5.06, "RESIDENTIAL RENTAL BUSINESS LICENSE AND
INSPECTION PROGRAM PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila commissioned a City of Tukwila Housing Needs
Assessment and Condition Survey, which found that 60 percent of Tukwila households
live in rental housing, 40 percent of renter occupied housing units are rated as "needs
maintenance," "deteriorated" or "dilapidated," and 65 percent of Tukwila's housing
stock overall is 40 -50 years old or older; and
WHEREAS, the City Council has determined substandard and unsanitary
residential buildings and dwelling units exist within the City of Tukwila, the physical
condition of which violates State and local housing and technical codes, rendering them
unfit or unsafe for human occupancy and habitation; and
WHEREAS, the existence of such substandard buildings and dwelling units
threatens the physical, social and economic stability of sound residential units and of
their supporting neighborhood facilities; necessitates the expenditure of public funds
for remedial action and abatement; and destroys the amenity of residential areas and
neighborhoods and of the community as a whole; and
WHEREAS, improving the residential housing environment and providing for
neighborhood stability throughout the City requires periodic inspection of residential
rental housing units in the City to ensure such premises conform to the City's Housing
Code and other applicable laws; and
WHEREAS, in order to provide for such periodic inspection of residential rental
housing units, these regulations establish a Residential Rental Business License and
Inspection Program to protect occupants from substandard housing; and
WHEREAS, the fees imposed pursuant to these regulations shall not exceed the
reasonable cost of providing the services for which such fees are charged; and
WHEREAS, such fees imposed to recover the cost of the Residential Rental Business
License and Inspection Program are not imposed on property ownership, but rather on
the carrying out of the business of renting residential property subject to these
regulations; and
WHEREAS, nothing in these regulations shall limit the City's ability to inspect
properties and issue citations/ orders for property- related conditions that may
constitute an immediate threat to health or safety;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. New Regulations Established. New residential rental housing
regulations, to be codified at Tukwila Municipal Code Chapter 5.06, "Residential Rental
Business License and Inspection Program," are hereby established to read as follows:
Page 1 of 6
5.06.010 Declaration of Purpose. The City Council finds that the establishment of a
Residential Rental Business License and Inspection Program for rental units is necessary
to protect the public health, safety and welfare by ensuring the proper maintenance of
such housing, by identifying and requiring correction of substandard housing
conditions, and by preventing conditions of deterioration and blight that could
adversely impact the quality of life in the City of Tukwila.
5.06.020 Definitions. Unless specifically defined below, words or phrases used in
this chapter shall be interpreted using the meaning they have in common usage and to
give this chapter its most reasonable application.
1. "Accessory dwelling unit" or "ADU" means a unit that meets the requirements
of TMC Section 18.10.030(2).
2. "Applicable laws" include, but are not limited to, the City's housing code, the
City zoning ordinance and other City ordinances, and other laws or regulations relating
to the health and safety of City residents or the general public.
3. "Certificate of Compliance" means the certificate issued by the City evidencing
compliance with the requirements of this chapter. A Certificate of Compliance is
required before a unit can be rented.
4. "Code official" means the Department of Community Development Director or
his /her designee.
5. "City" means the City of Tukwila, Washington.
6. "Deficiency" means any failure by a rental unit to comply with applicable
laws.
7. "Department" means the City of Tukwila Department of Community
Development.
8. "Inspection Certificate" means the document submitted to the City as the result
of an inspection conducted by an inspector which shows the true condition of the unit.
An Inspection Certificate must be signed and dated by the inspector.
9. "Inspector" means:
a. A City building code inspector;
b. A City code enforcement officer;
c. A private inspector, approved by the City upon evidence of at least one of
the following credentials: A.A.C.E. Property Maintenance and Housing Inspector
certification, I.C.C. Property Maintenance and Housing Inspector certification, or I.C.C.
Residential Building Code Inspector;
d. A Washington State licensed architect; or
e. A Washington State licensed home inspector.
10. "Non -City inspector" means any inspector meeting the criteria in Section
5.06.020 who is not a City code official.
11. "Occupant" means an individual, partnership, corporation or association, or
agent of any of them lawfully residing in a unit.
12. "Owner" means the owner of record as shown on the last King County tax
assessment roll or such owner's authorized agent.
13. "Rental inspection deficiency point system" means the point system used by
inspectors to evaluate whether a rental unit is in compliance with the requirements of
this chapter.
14. "Rental unit" means a unit occupied or leased by a tenant.
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15. "Single-family residence" means a building, modular home, or new
manufactured home designed to contain no more than one dwelling unit, plus one
accessory dwelling unit.
16. "Tenant" means any adult person granted temporary use of a rental unit
pursuant to a lease or rental agreement with the owner of the rental unit.
17. "Unit" means any structure or part of a structure, which is used as a home,
residence or sleeping place by one or more persons, including but not limited to, single
family residences, duplexes, tri- plexes, four plexes, multi family dwellings, apartment
buildings, condominiums, mobile homes and similar living accommodations.
18. "Unit unavailable for rent" means a unit whose owner has filed with the code
official a statement signed under penalty of perjury that such unit is not offered or
available for rent as a rental unit and that prior to offering or making the unit available
as a rental unit, the owner will apply for a Residential Rental Business License and
comply with any applicable administrative regulations adopted pursuant to this
chapter.
5.06.030 Scope. The provisions of this chapter shall apply to all rental units, with the
exception of:
1. Owner occupied rental units;
2. Units unavailable for rent;
3. Housing accommodations in hotels, motels, inns or tourist homes;
4. Housing accommodations in retirement or nursing homes;
5. Housing accommodations in any hospital, State licensed community care
facility, convent, monastery or other facility occupied exclusively by members of a
religious order or an extended medical care facility;
6. Housing accommodations that a government unit, agency or authority owns,
operates or manages, or which are specifically exempted from municipal regulation by
State or federal law or administrative regulation. This exception shall not apply once
the governmental ownership, operation or management regulation is discontinued.
5.06.040 Residential Rental Business License Requirement. Every rental unit
owner shall obtain an annual residential rental business license, pursuant to Title 5 of
the Tukwila Municipal Code, prior to operating, leasing or causing to be leased a rental
unit. Rental unit owners must file a written application annually with the Department
for each rental unit to be leased. To be considered for approval, residential rental
business license applications must be complete and include the appropriate application
fee as set by the City's fee schedule. Failure to obtain a residential rental business
license will result in the inability to rent the unit.
5.06.050 Inspection Required. The owner must obtain an inspection of each rental
unit and submit the inspection results to the code official. The owner may utilize a City
inspector or a non -City inspector, as defined herein and shall indicate their choice on
the application form. The City shall provide the inspection criteria to the owner with the
application form. The code official shall issue a Certificate of Compliance for rental
units that comply with applicable laws based on a submitted inspection certificate. If
using a non -City inspector, the owner shall be responsible for making the inspection
arrangements with the non -City inspector.
5.06.060 Inspection Consent. Owners shall make every effort to make units available
for inspection pursuant to this chapter. If the owner fails to arrange for a non -City
inspector and /or the owner or occupants do not consent to City entry for inspection,
the code official may not force or otherwise attempt to gain entry except in accordance
with a court warrant authorizing entry for the purpose of inspection.
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5.06.070 Rental Inspection Deficiency Point System.
A. The code official shall prepare and shall keep on file for public inspection the
rental inspection deficiency point system used in the point calculation procedure set
forth herein. The code official shall assign points according to the severity of each code
violation on a scale of 1 to 25. Except when otherwise provided by State law, conditions
in the design or structure of a building such as, but not limited to, the size and
dimension of rooms and windows and the electrical and plumbing systems that were
legal under existing codes when built, shall not be violations as long as they are
maintained in good repair. A violation noted during the inspection shall receive the
assigned point value.
B. A rental unit shall be considered unfit for occupancy if it fails an inspection by 25
points or more.
5.06.080 Inspection Certificate. As a condition of the issuance of a residential rental
business license, the owner shall provide a completed Inspection Certificate signed by
the inspector showing the current condition of the rental unit. The code official shall
issue a Certificate of Compliance upon receipt of the inspection results indicating
compliance with the applicable laws pursuant to this chapter.
5.06.090 Deficiencies. Items to be inspected are weighted according to a point
system established by the City. Accrual of 25 points or more for deficiencies constitutes
a failure of the inspection and requires correction. The inspector shall provide the
owner and the City written notice of each deficiency disclosed by inspection. A
Certificate of Compliance shall not be issued until the Inspection Certificate indicates a
score of less than 25 points. Repairs required to bring the unit into compliance are the
responsibility of the owner. Rental units shall be subject to re- inspections pursuant to
Section 5.06.110.
5.06.100 Violations. If an inspection of a rental unit conducted pursuant to this
chapter reveals deficiencies of 25 points or more on the Inspection Certificate, the
violation must be cured within 30 days. If upon re- inspection, the unit reveals
deficiencies of 25 points or more, the City's code official may seek any remedies
permitted by law including, but not limited to, denial or revocation of a residential
rental business license for that unit pursuant to Title 5 of the Tukwila Municipal Code,
and abatement proceedings pursuant to Chapter 8.45 of the Tukwila Municipal Code.
The City may seek legal or equitable relief to enjoin any act or practice that constitutes
or will constitute a violation of any regulation under this chapter.
5.06.110 Re inspections. A rental unit that exhibits deficiencies of 25 points or more
on the Inspection Certificate shall be subject to a re- inspection and re- inspection fee as
set forth in the City's fee schedule adopted pursuant to this chapter.
5.06.120 Notice of Non Issuance of Certificate of Compliance. If, upon re-
inspection, the inspector determines a rental unit is unfit for occupancy by failing an
inspection by 25 points or more, the City shall provide the owner with written notice of
non issuance of Certificate of Compliance. Such notice shall specify the date of the non
issuance determination, the rental unit address, the name of the owner, the name of the
inspector and the specific reasons for the non issuance determination. Failure to obtain
a Certificate of Compliance will result in the non issuance or revocation of the rental
business license for that unit. The unit shall be posted Unfit for Occupancy. Tenants, if
any, shall be required to vacate. Relocation Assistance pursuant to TMC 8.46 may
apply.
5.06.130 Contents of Certificate of Compliance. Certificate of Compliance shall
specify the date of issuance, the legal use and occupancy of the rental unit, the rental
unit address, the name of the owner to whom the certificate is issued, the expiration
date of the Certificate, and an indication the rental unit complies with applicable laws
as far as could be determined by inspection.
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Page 4 of 6
5.06.140 Certificate of Compliance Validity and Renewal. Certificates of
Compliance expire on December 31, four years from the date of issuance by the City.
The owner shall submit a new Inspection Certificate prior to the expiration of the
current Certificate of Compliance. Failure to renew the Certificate of Compliance every
four years shall result in the non issuance or revocation of the rental business license for
that unit.
5.06.150 Notice. All notices issued pursuant to this chapter shall provide the address
and phone number where additional information concerning the inspection may be
obtained. Notice to the owner and occupants shall be mailed by first -class mail to the
owner's last known address as it appears in the records of the county assessor or other
address provided by the owner, and to the rental unit's occupants.
5.06.160 Authority. The code official shall be responsible for enforcement and
administration of this ordinance.
5.06.170 Administrative Regulations. The code official is authorized and directed to
promulgate administrative regulations pertaining to the implementation of this chapter.
5.06.180 Complaint Based Inspections. Nothing contained herein shall prevent or
restrict the authority of the City's code official to inspect any unit or premises thereof in
response to a complaint alleging code violations or other violations of law at such unit
and to pursue all code enforcement remedies available under this code or other laws
following such a complaint -based inspection of a unit.
5.06.190 Voluntary Inspection Requests. Nothing in this chapter shall be construed
to prohibit an owner from voluntarily requesting an inspection to determine whether a
rental unit complies with applicable laws, even though such inspection may not be
required pursuant to this chapter. Such voluntary inspection requests shall be subject to
all of the provisions of this chapter including, but not limited to, the provisions
governing applications and fees.
5.06.200 Penalties.
A. Violations of the provisions of this chapter shall be deemed civil infractions
subject to the provisions of TMC Section 8.45.050 and the monetary penalties specified
in Section 5.O6.200.C.
B. Any violation of this chapter that constitutes an immediate health or safety threat
shall constitute a public nuisance.
C. Any person who violates any of the provisions of this chapter shall, upon a
determination that a violation has been committed, be assessed monetary penalties as
follows:
1. First civil penalty: $250.00.
2. Second civil penalty: $500.00.
3. Third and each subsequent civil penalty: $1,000.00.
D. Each day that a property or person is not in compliance with the provisions of
this chapter may constitute a separate violation of this chapter.
E. The code official shall have the authority to waive or reduce monetary penalties.
Such waiver or reduction in monetary penalties shall be based on the code official's
finding that compliance has been obtained and that further penalties are punitive
assessments that serve no purpose.
F. In addition to the penalties above, the City shall not issue or shall revoke the
unit's business license and require that the unit be vacated until the unit is brought into
compliance.
G. The penalties set forth in this chapter are not exclusive. The City may avail itself
of any other remedies provided by law.
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Page 5 of 6
5.06.210 Appeal.
A. Upon notice of non issuance of a Certificate of Compliance, the owner may
appeal by filing a notice of appeal, specifying the particular reason(s) upon which the
appeal is based, with the City Clerk within ten calendar days of and including the date
of the notice of non issuance. A timely notice of appeal shall stay the effect of the notice
of non issuance.
B. Upon timely filing of a notice of appeal, the City Clerk or his /her designee shall
schedule a hearing on the appeal before a Hearing Examiner. The hearing shall be
conducted no later than 45 business days from the date of the notice of appeal, unless
an extension is agreed to by the appellant or otherwise ordered by the Hearing
Examiner for good cause shown.
C. Within 14 business days, excluding holidays recognized by the City of Tukwila,
from the date of the hearing on an appeal under this section, the Hearing Examiner
shall issue a written decision, which shall set forth the reasons therefore.
D. A decision of the Hearing Examiner to reject an appeal as untimely, shall be final
unless an application for a writ of review is filed with the King County Superior Court
and properly served upon the City of Tukwila within 14 calendar days of and including
the date of the Hearing Examiner's decision.
5.06.220 Annual Review and Report. The code official shall conduct an annual
review of the Residential Rental Business License and Inspection Program and shall
submit an annual report of the program's effectiveness to the City Council.
5.06.230 Immediate Health and Safety Threats. Nothing in this ordinance shall limit
the City's ability to inspect properties and issue citations for property- related conditions
that may constitute an immediate health or safety threat.
5.06.240 No Warranty by City. By enacting and undertaking to enforce this
ordinance, the City, City Council, its agents and employees do not warrant or guarantee
the safety, fitness or suitability of any dwelling in the City or any unit inspected under
this program. Owners and occupants should take whatever steps they deem
appropriate to protect their interests, health, safety and welfare.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF UKWILA, WASHINGTON,
at a Regular Meeting thereof this q i day of p,/', 2010.
/si-eJ*6
Ji erto i
L' a gg or
Christy O'Flierty, CMC, City Berk
ATTEST AUTHENTICATED:
APPROVED
Office of the
FORM BY:
A t
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Filed with the City Clerk: 1 4 -1 0
Passed by the City Council: L s 0
Published: L 4 -r 0
Effective Date: VI ,)Ji- I U
Ordinance Number: 2
Page 6 of 6
SUMMARY OF
Ordinance No. 2281
City of Tukwila, Washington
On April 19, 2010 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2281, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING RESIDENTIAL RENTAL HOUSING
REGULATIONS, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 5.06, "RESIDENTIAL RENTAL BUSINESS LICENSE AND
INSPECTION PROGRAM PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Regular Meeting thereof on April 19, 2010.
Published Seattle Times: April 22, 2010.
iliir, --•"6,13/
Christy bFlahe CMC, City Y Clerk