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Home My WebLink AboutOrd 2459 - TMC Chapter 5.06 "Residential Rental Business LIcense and Inspection Program" Amendment Cover page to Ordinance 2459 The full text of the ordinance follows this cover page. Ordinance 2459 was amended or repealed by the following ordinances. AMENDED REPEALED Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord # 1, 2, 8 2519 2 2600 Citv of Tukwila Washington Ordinance No. 2459 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING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: W: Word Processing \Ordinances\Amend Residential Rental Licensing re inspections 11-12-14.doc KS:bjs Page 1 of 4 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 W: Word Processing \Ordinances\Amend Residential Rental Licensing re inspections 11-12-14.doc KS:bjs Page 2 of 4 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. W: Word Processing \Ordinances\Amend Residential Rental Licensing re inspections 11-12-14.doc KS:bjs Page 3 of 4 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 j r71 day of (VOu , 2014. ATTEST/AUTHENTICATED: Christy O'Flahef- MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Filed with the City Clerk: )-- Passed by the City Council:II-IQ-J(4 Published: )--A) --)11 Effective Date: ) I 14 Ordinance Number: t459 W: Word Processing\Ordinances\Amend Residential Rental Licensing re inspections 11-12-14.doc KS:bjs Page 4 of 4 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2455 -2459. On November 17, 2014 the City Council of the City of Tukwila, Washington, adopted the following ordinances, the main points of which are summarized by title as follows: Ordinance 2455: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2015, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, WHICH IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING YEAR, AS REQUIRED BY LAW; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2456: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, INCREASING THE CITY OF TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR, COMMENCING JANUARY 1, 2015, ON ALL PROPERTY, BOTH REAL AND PERSONAL, IN COMPLIANCE WITH RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2457: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2389, WHICH ADOPTED THE CITY OF TUKWILA'S BIENNIAL BUDGET FOR THE 2013 -2014 BIENNIUM, TO ADOPT AN AMENDED YEAR -END BUDGET; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2458: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF TUKWILA FOR THE 2015 -2016 BIENNIUM; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2459: 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. The full text of these ordinances will be provided upon request. Christy O'Flaherty, MMC, City Clerk Published Seattle Times: November 20, 2014