Loading...
HomeMy WebLinkAboutCAP 2010-03-22 Item 2A - Ordinance - Residential Rental Housing Licensing and InspectionTO: FROM: Jack Pace, DCD Director DATE: March 22, 2010 ISSUE BACKGROUND City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee SUBJECT: Residential Rental Housing Licensing and Inspection Draft Ordinance Jim Haggerton, Mayor Should the City require a residential rental business license and mandatory inspection for all rental dwelling units? As part of 2008 program goals, the City Council asked that we develop a proposal for a rental housing inspection program. Staff has presented an overview of this proposal to Community Affairs and Parks Committee on several occasions, most recently on December 14, 2009. The committee requested that we return with a draft ordinance, program details, and suggested fee and implementation schedules. The purpose of any rental housing and inspection program is to ensure that our citizens are living in units that are safe and healthy. Code Enforcement staff regularly investigates complaints from tenants about conditions in their units. In many cases, the tenants have previously notified their landlords, but the violations remain unrepaired. We provide information to tenants on effective ways to complain, and we work with the landlords to respond more appropriately. We are careful to follow the State Landlord- Tenant laws, and require tenants and landlords to do the same. Staff believes that a proactive and on -going inspection program would prevent many substandard conditions BEFORE tenants occupy the units. Low income families living in substandard conditions are far more likely to suffer increased illness and yet are the least able to afford to move. City of Pasco, currently the only city in the state with a mandatory inspection program, reports significant improvement in their rental housing stock over the 10 years of the program. Improved housing can also spur economic development, lower crime, increase property values, and generally improve the quality of life for all our citizens. According to the 2004 "City of Tukwila Housing Needs Assessment Condition Survey 60% of Tukwila households live in rental housing 40% of renter occupied housing units are rated as "needs maintenance "deteriorated or "dilapidated" 65% of Tukwila's housing stock overall is 40 -50 years old or older Community Affairs and Parks Committee Rental Housing Licensing and Inspection Program March 22, 2010 Page 2 DISCUSSION At the Community Affairs and Parks Committee meeting December 14, 2009, staff presented a briefing on the City's proposed residential rental business license and inspection program. The Committee recommended that staff return with a draft ordinance and associated fee schedule in second or third quarter 2010. In late December 2009, staff was contacted by AWC concerning pending state legislation proposed by the Washington Rental Housing Industry Coalition (WRHIC) which would place severe limits on rental housing inspection programs. Staff actively participated in joint discussions with AWC, WRHIC and state Senator Hobbs in an effort to achieve agreement on the bill language. In the end, AWC and other cities were unable to support the bill before the legislature. Staff testified at a Senate hearing in opposition to the bill. As of this writing, the bill appears to have passed both houses and is headed to the governor for signature. The bill does contain language which would specifically exempt any municipality which has adopted an ordinance as of the effective date of the bill. It also specifically permits such adopted ordinances to be amended. It is interesting to note that without the exemption in the bill, Pasco's program would be made illegal, despite the fact that the landlords offered praise of Pasco's program at the Senate Hearing and have repeatedly stated that their proposal is not that much different than Pasco's". This legislative session concluded on March 11, 2010 and legislation becomes effective 90 days later (July 1, 2010). Since Tukwila has been actively working on a residential rental housing and inspection program for the past four or five years, staff felt it was appropriate and necessary to get this ordinance before the Council for their consideration at this time. The City's ordinance under consideration today is one that would: Require all rental dwelling units to obtain an annual residential rental business license Require an inspection of all units every fifth year Set fees which would cover the costs of this program Implementation Schedule and Phased Roll Out: There are approximately 4000 rental dwelling units in the City of Tukwila. Implementing a broad program of licensing and inspections will require that we roll out in phases. Our program would: Require all residential rental property owners to obtain an annual residential rental business license beginning January 1, 2011. Require all residential rental units to be inspected every fifth year. The remainder of 2010 will be spent developing the forms, implementing the software improvements, educating landlords and tenants about the program, and establishing the process. W:\2010 InfoMemos\Rental Staff Report- CAP3- 22- 10.doc Community Affairs and Parks Committee Rental Housing Licensing and Inspection Program March 22, 2010 Page 3 Process Details: All rental property owners must apply for and obtain an annual residential rental business license. Initially, the City will issue a "provisional license" with a deadline for submitting the inspection certificate. The provisional license will be valid for the calendar year issued. The deadlines for obtaining the initial inspections are: Property Type 1 5+ units per property 1 2 -4 units per property and rental condos 1 Single family ADUs All owners must submit an "Inspection Certificate" signed and dated by the inspector showing the inspection results for each unit by the deadline. A "Certificate of Compliance" will be issued by the City for units achieving a score of less than 25 on the inspection certificate. The certificate of compliance is valid for four years. A copy will be retained in the City Code Enforcement office along with the inspection certificate. With a valid certificate of compliance, the owner must only renew their annual residential rental business license. 90 days before the certificate of compliance expires, the Owner must submit the new inspection certificate. Failure to obtain a certificate of compliance will result in the City declaring the unit Unfit for Occupancy. Tenants, if any, must vacate the unit. The unit cannot be legally occupied until the repairs are completed, an inspection certificate submitted, and a certificate of compliance and residential rental business license for that unit is issued. Inspection Details: We are proposing an inspection checklist that is based on the standards in the International Property Maintenance Code (IPMC) which the City adopted in 2004 as its housing code. We will be evaluating the exterior structural elements (foundation, exterior walls, roof, balconies, railings, etc.) and interior conditions, such as electrical and plumbing systems, windows and doors, hot/cold water service, heat, emergency egress and other items. Exterior property conditions, such as junk vehicles, debris, and weeds are not part of this inspection program, but can be dealt with under our normal code enforcement process. We have assigned a point value to the inspection items reflecting the severity of the violation. In determining the value of each inspection item, we referred to the IPMC section regarding unsafe structures and equipment for guidance. Violations of these standards pose a life- safety risk and constitute an automatic failure of the inspection "25" points). These include such things as no permanent source of heat, no water, blocked emergency egress, lack of a kitchen or bathroom, lack of electrical service, or electrical hazards, etc. W:12010 InfoMemoslRental Staff Report- CAP3- 22- 10.doc Inspection Deadline 1 December 31, 2011 1 December 31, 2012 1 December 31, 2013 1 Community Affairs and Parks Committee Rental Housing Licensing and Inspection Program March 22, 2010 Page 4 Violations which are less severe, but still affect the overall quality of the housing are given a lower point value ("1", "2 or "3 These items include such things as broken windows, mold, inadequate door locks, inadequate ventilation, lack of address numbers, etc. In general: Landlords have the option of using city inspectors or hiring a private inspector who meets certain qualifications. Private inspectors must be pre- approved by the City. Units which accrue fewer than 25 points on their inspection certificate pass the inspection. The City will then issue a "Certificate of Compliance" for that unit along with the residential rental business license. The certificate of compliance is valid for four years from the date it is issued by the City. Units which accrue 25 points or more on their inspection certificate will be required to be repaired by the owner. The owner has 30 days to make the necessary repairs and request a re- inspection. Under most conditions, during the 30 -day repair period, the unit may continue to be occupied. Upon re- inspection, if unit achieves a score of less than 25, the certificate of compliance and the residential rental business license for that unit is issued. Re- inspections require additional per -unit inspection fees. If the unit fails the second inspection, the certificate of compliance will not be issued. The unit will be posted "Unfit for Occupancy It will not be available for rent until the repairs are completed and pass inspection. If a failed unit is occupied, the tenant will be required to move and may be eligible for Relocation Assistance under TMC 8.46. A copy of the inspection checklist will be included with the application form to allow landlords to prepare for the inspection. The landlord is required to make the necessary repairs in order to achieve a "score" of Tess than 25 on the inspection checklist. Although certain items are deemed an automatic failure, it is also possible to "fail" the inspection by the accumulation of 25- points worth of smaller items. In either event, the score must be below 25 in order to receive the certificate of compliance and the residential rental business license for that unit. Costs: The anticipated cost of this program will include supplies and staff for inspecting, issuing, and tracking residential rental business licenses. We expect that the inspections will take approximately 30 minutes to complete. The inspections will be performed by current inspector staff (building inspectors and code enforcement officers), with contracted inspectors used to fill in on an as- needed basis. Administrative support will need to be increased by .50 fte to manage the administrative tasks and scheduling. Phasing the roll out over three years will naturally spread out the inspection schedule. W:12010 InfoMemos\Rental Staff Report- CAP3- 22- 10.doc Community Affairs and Parks Committee Rental Housing Licensing and Inspection Program March 22, 2010 Page 5 Fees: Currently owners of complexes with more than four units pay an annual business license fee of $100.00. Under our proposal, all rental property owners will need to obtain an annual residential rental business license (in lieu of the regular business license) and pay an annual fee: 50.00 (1 -4 units on a property) $100.00 (5 or more units on a property) In addition to the annual residential rental business license fee, there will be a per -unit inspection fee of $35.00. The inspection fee is due and payable: When the inspections are scheduled Only on the years that an inspection is due Only if the landlord chooses a City Inspector The cost of the inspections amounts to less than $.75 per unit per month over the four -year period. Enforcement: For this program to be effective there must be consequences for violations. In some cases, units may fail inspections, and the repairs will not be completed. In that case, the certificate of compliance and the residential rental business license for that unit will not be issued. Tenants, if any, will be required to vacate the unit. If the unit is occupied, tenants may be eligible for Relocation Assistance (TMC 8.46) for units that are declared unfit for occupancy due to failure of the required inspections. Failed units may not be occupied until the repairs are completed, inspected and passed. If a unit fails the second inspection, the City will issue a Notice of Non Issuance of Certificate of compliance and will revoke or not issue the residential rental business license for that unit. The notice of non issuance will contain appeal provisions. Appeals will be heard by the Tukwila Hearing Examiner. RECOMMENDATION The Council is being asked to approve the ordinance and associated fee resolution and consider this item at the April 12, 2010 Committee of the Whole meeting and subsequent April 19, 2010 Regular Meeting. Attachments: Draft Ordinance Draft Fee Resolution C:ltemp\XPgrpwise12010 -03 -22 Rental Staff Report- CAP.doc Ei 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 thern 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: W:\ Word Processing Ordinances Rental Housing 3- 10.docx KLS:ksn 03/10/2010 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 "AD U" 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. W: \Word Processing Ordinances \Rental Housing 3- 10.docx KLS:ksn 03/10/2010 Page 2 of 6 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 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. Unless the owner indicates on the application that a non -City inspector will be utilized, the owner shall contact the code official to schedule an inspection of the rental unit specified. If using a City inspector, the code official shall provide at least seven days prior written notice to the owner and to the tenant, if any, as to the date and time of the inspection. 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, W: \word Processing \Ordinances \Rental Housing 3- 10.docx KLS:ksn 03/10/2010 Page 3 of 6 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. 5.06.070 Rental Inspection Deficiency Point System. A. The code official or Department 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 W: \Word Processing Ordinances \Rental Housing 3- 10.docx KLS:ksn 03/10/2010 Page 4 of 6 date of the Certificate, and an indication the rental unit complies with applicable laws as far as could be determined by inspection. 5.06.140 Certificate of Compliance Validity and Renewal. Certificates of Compliance are valid for four years from the date of issuance by the City. The owner shall submit a new Inspection Certificate no later than 90 days 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 or occupant 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 5.06.200.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. W: \Word Processing \Ordinances \Rental Housing 3- 10.docx KLS:ksn 03/10/2010 Page 5 of 6 G. The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law. 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 TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W:\ Word Processing Ordinances Rental Housing 3- 10.docx KLS:ksn 03/10/2010 Page 6 of 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM FEE SCHEDULE. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code Chapter 5.06; and WHEREAS, the City is authorized to impose fees for services rendered; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Residential Rental Business License and Inspection Program fees will be charged according to the following schedule: RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES DESCRIPTION Annual Residential Rental Business License: Property with five or more units Property with one, two, three or four units Inspection fee per unit (City inspector) Re- inspection fee per unit (City inspector) Hearing Examiner appeal fee PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney DRAFT W: \Word Processing\ Resolutions \Residential Rental Business License Fee Schedule doc KS:ksn 3/4/2010 FEE $100.00 $50.00 $35.00 $35.00 $300.00 Filed with the City Clerk: Passed by the City Council: Resolution Number: Dennis Robertson, Council President Page 1 of 1