HomeMy WebLinkAboutReg 2014-11-17 Item 5C - Ordinance/Resolution - Residential Rental Licensing and Inspection ProgramCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
11/10/14
KAS
al0f4C,,
C Resolution
11/17/14
KAS
0 Public Hearing
Mtg Date
El Other
AN Date
Mtg Date
Alts Date 11/17/14
Mtg Date 11/17/14
SPONSOR • Council fl Mayor J IIR DCD L Finance Hre IT 0 P&R Police PIF
SPONSOR'S Revise Residential Rental Licensing Program ordinance to reflect corrections and changes
SUMMARY to the inspection process. Draft ordinance review. Anticipate forwarding to Committee of
the Whole on November 10, 2014 and City Council meeting for final adoption on November
17, 2014.
RiviEVVIA) BY fl COW Mtg.
0 Utilities Cmte
DATE: 10/14/14
Irl
CA&P Cmte
ITEM INFORMATION
ITEM No.
5.C.
STAFF SPONSOR: KATHY STETSON
ORIGINAL AGENDA DATE: 11/10/14
AGENDA ITENI TITLE Residential Rental Licensing and Inspection Program ordinance revision
c.viE(;()RY Discussion
11/10/14
E Motion
Mtg Date
C Resolution
Ordinance
El Bid Award
Mtg Date
0 Public Hearing
Mtg Date
El Other
AN Date
Mtg Date
Alts Date 11/17/14
Mtg Date 11/17/14
SPONSOR • Council fl Mayor J IIR DCD L Finance Hre IT 0 P&R Police PIF
SPONSOR'S Revise Residential Rental Licensing Program ordinance to reflect corrections and changes
SUMMARY to the inspection process. Draft ordinance review. Anticipate forwarding to Committee of
the Whole on November 10, 2014 and City Council meeting for final adoption on November
17, 2014.
RiviEVVIA) BY fl COW Mtg.
0 Utilities Cmte
DATE: 10/14/14
Irl
CA&P Cmte
F&S Cmte Transportation Cmte
Parks Comm. Planning Comm.
COMMITTEE CHAIR: DUFFIE
[1] Arts Comm.
RECOMMENDATIONS:
SPoNsoR/ADmIN.
commulEr
Department of Community Development
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPliNDn'Ultl, REQUIRI,1) AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/10/14
Forward to next Regular Meeting
MTG. DATE
ATTACHMENTS
11/10/14
Informational Memorandum dated October 16, 2014, with attachments
Draft ordinance
Draft fee resolution
Minutes from the October 14, 2014 Community Affairs and Parks Committee Meeting
11/17/14
Ordinance and Resolution
128
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON; AMENDING
ORDINANCE 2281 §1, AS CODIFIED AT TUKWILA
MUNICIPAL CODE CHAPTER 5.06, "RESIDENTIAL
RENTAL BUSINESS LICENSE AND INSPECTION
PROGRAM," IN VARIOUS SECTIONS RELATING TO
INSPECTIONS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on April 19, 2010, the City of Tukwila adopted Ordinance No. 2281
establishing a residential rental business license and inspection program to protect
occupants from substandard housing; and
WHEREAS, the City has been utilizing the residential rental business license and
inspection program over the past four years and desires to amend sections related to
the inspection checklist and inspector requirements for added efficiency;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 5.06.020 Amended. Ordinance No. 2281 §1 (part), as
codified at Tukwila Municipal Code (TMC) Section 5.06.020, "Definitions," in
subparagraph 8, is hereby amended to read as follows:
8. "Inspection Checklist" 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 Checklist must be signed and dated by the inspector.
Section 2. TMC Section 5.06.050 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.050, "Inspection Required," is hereby amended to read as
follows:
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5.06.050 Inspection Required
The owner must obtain an inspection of each rental unit and submit the inspection
results to the code official. Owners of complexes with 5 or more units are required to
utilize a non-City inspector who meets the qualifications defined herein and who is
preapproved by the City. Owners of rental properties with fewer than 5 units may utilize
a City inspector or a non-City inspector, as defined herein. The City shall provide the
Inspection Checklist 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 Checklist. If using a non-City inspector, the owner shall be
responsible for making the inspection arrangements with the non-City inspector.
Section 3. TMC Section 5.06.080 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.080, "Inspection Certificate," is hereby amended to read
as follows:
5.06.080 Inspection Checklist
As a condition of the issuance of a residential rental business license, the owner
shall provide a completed Inspection Checklist 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.
Section 4. TMC Section 5.06.090 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.090, "Deficiencies," is hereby amended to read as follows:
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 Checklist 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 TMC Section 5.06.110.
Section 5. TMC Section 5.06.100 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.100, "Violations," is hereby amended to read as follows:
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 Checklist, 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
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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.
Section 6. TMC Section 5.06.110 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.110, "Re-inspections," is hereby amended to read as
follows:
5.06.110 Re-inspections
A rental unit that exhibits deficiencies of 25 points or more on the Inspection
Checklist 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.
Section 7. TMC Section 5.06.130 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.130, "Contents of Certificate of Compliance," is hereby
amended to read as follows:
5.06.130 Contents of Certificate of Compliance
Certificate of Compliance shall specify the date of issuance, 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.
Section 8. TMC Section 5.06.140 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.140, "Certificate of Compliance Validity and Renewal," is
hereby amended to read as follows:
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 Checklist 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. Rental properties that are registered and continue to
meet all the requirements of the City's Crime-Free Rental Housing Program, or other
City-administered program to certify rental properties as working proactively at crime
prevention, may extend their required rental inspection schedule to once every 8 years.
If participation in such program is terminated due to failure to meet program
requirements or for any other reason, the rental inspection shall be due at the end of the
calendar year of the year of termination or 4 years from the last inspection, whichever is
later. Furthermore, if a property registered in the Crime-Free Rental Housing Program,
or any other City-administered program to certify rental properties as working
proactively at crime prevention, is the subject of 3 or more code violation complaints
verified by the City in any 6-month period for violations affecting the habitability of a
residential unit, the property will revert to a 4-year inspection cycle.
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Section 9. TMC Section 5.06.150 Amended. Ordinance No. 2281 §1 (part), as
codified at TMC Section 5.06.150, "Notice," is hereby amended to read as follows:
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.
Section 10. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/subsection numbering.
Section 11. 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 12. 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 , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A RESIDENTIAL
RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM
FEE SCHEDULE; AND REPEALING RESOLUTION NO. 1710.
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; and
WHEREAS, the fees for this program have not increased for five years; and
WHEREAS, the cost of living for the past five years has increased approximately
two percent per year and, based on the cost of living increases, the costs to administer
the program have increased correspondingly;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Residential Rental Business License and Inspection Program fees will
be charged according to the following schedule:
RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION FEES
DESCRIPTION
FEE
Annual Residential Rental Business License:
Property with five or more units
$175.00
Property with one, two, three or four units
$60.00
Inspection fee per unit (City inspector)
$50.00
Re-inspection fee per unit (City inspector)
$50.00
Hearing Examiner appeal fee
$300.00
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Section 2. Repealer. Resolution No. 1710 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of , 2014.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De'Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel Turpin, City Attorney
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