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Home My WebLink AboutReg 2016-12-05 Item 5F - Ordinance - Residential Housing Licensing Code UpdateCOUNCIL AGENDA SYNOPSIS nilials Meeting Date Pre Pared by May 's review (4u&il review 11/28/16 NG ❑ Resolution Mtg Dale Z Ordinance Aftg Date 1219116 12/05/16 NG F-1Other Altg Dale SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD ❑ Einance ❑ .lire ❑ TS [:] P&R ❑ Police ❑ PWI SPONSOR'S The residential rental licensing program is being updated to include a requirement for SUMMARY proactive pest control and fees for late renewals, late inspections and rental occupation prior to license approval. The Council is being asked to consider and approve the ordinance. Ri;\7jE'WF.D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSoR /ADMIN• Department of Community Development CONINIFI-IT"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPF?NDJTURI :REQtJJRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 11119:4 OTA I 10 1;[*] WTATIN I W I ITEM NO. 5. F. Draft Ordinance (revised atter iim um.w.) 309 STAFF SPONSOR: NoRA GIERLOFF 11/28/16 A(,',iM)A ITEM TITLJ?" Rental Housing License Code Update Cxnx,ojzY Z Discussion Mt ,g Date 11128116 ❑ Motion YVItg Dale ❑ Resolution Mtg Dale Z Ordinance Aftg Date 1219116 ❑ Bid.Award ,g Date Mi F-1 Public fTearing Mtg Date F-1Other Altg Dale SPONSOR ❑ Council ❑ Mayor ❑ HR Z DCD ❑ Einance ❑ .lire ❑ TS [:] P&R ❑ Police ❑ PWI SPONSOR'S The residential rental licensing program is being updated to include a requirement for SUMMARY proactive pest control and fees for late renewals, late inspections and rental occupation prior to license approval. The Council is being asked to consider and approve the ordinance. Ri;\7jE'WF.D BY ❑ cow Mtg. Z CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte F-1 Utilities Cmte F-1 Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/14/16 COMMITTEE CHAIR: QUINN RECOMMENDATIONS: SPONSoR /ADMIN• Department of Community Development CONINIFI-IT"I" Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPF?NDJTURI :REQtJJRI?I) AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 Forward to next Regular Meeting 12/5/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/7/16 (Updated after CAP) A. Draft Ordinance Amending TMC 5.06 B. Email to Owners/Managers of 20 Plus Unit Properties C. Comments from Rental Property Owners/Managers D. Comment Letter from Washington Multi-Family Housing Association Minutes from the Community Affairs and Parks Committee of 11/14/16 12/5/16 Information Memorandum dated 11/29/16 (Updated after 11/28 C.O.W.) Draft Ordinance (revised atter iim um.w.) 309 310 City of Tukwila Allan Ekberg, Mayor I Ilk • ' • • ' TO: City Council FROM: Jack Pace, DCD Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: November 29, 203.6 SUBJECT: Rental Housing Pest Control Thresholds ISSUE Should proactive pest control plans be required for all multi - family buildings or only large complexes? BACKGROUND In response to complaints about pest problems in some Tukwila apartments the City Council has considered a requirement for proactive pest management. Staff has reached out to property owners and managers of complexes with 5 or more units to survey their practices and ask for their feedback. Based on a discussion with the Community Affairs and Parks Committee staff will include information about pest and rodent control with the 2017 license renewals. Next year we will reach out citywide with information about tenant rights and how to control pests. The ordinance in this packet has been reworded to clarify the requirement for inspection prior to leasing when a unit changes from owner occupation to a rental. DISCUSSION Originally the proactive management requirement was targeted to properties with 20 or more units. The goal was to cover most of the tenant population while not overburdening staff resources or small landlords. The breakdown of rental complex size in Tukwila is: Units per Complex Number of Sites Total Units Percent 1 48S 485 13% 2 -4 89 282 8% 5 -1g 18 196 5% 20-99 3S 1734 47% 100 -210 7 966 26% Options 1. Maintain the 20 unit threshold for pest control documentation in the draft Ordinance Section 2 TMC S.o6.04o A 3 2. Expand the requirement to all multi - family buildings of z or more units in 2017 3. Wait until 2018 to expand the requirement to all multi - family buildings of 2 to 19 units to allow more time for outreach to these property owners. They have not had a chance to comment on the proposal. FINANCIAL IMPACT 311 INFORMATIONAL MEMO Page 2 While there would be no direct costs, adding additional requirements to the annual licensing process will increase the amount of staff time needed to process the licenses taking time way from other priorities. RECOMMENDATION The Council is being asked to decide on the unit threshold for the pest management documentation requirement and approve the modified ordinance at the December 5, 2o16 Regular Meeting to meet the 2017 rental license renewal timeline. 312 11citystoreOty CornrnWCouncil Agenda Items0CMental License Update PESMNumber of Units InfoMemo.docx DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §11, §2, AND §8, AND ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City has adopted a Residential Rental Business License and Inspection Program, pursuant to Tukwila Municipal Code (TMC) Chapter 5.06; and WHEREAS, the program has significantly improved the condition of the City's rental housing stock over the past six years; and WHEREAS, preventative pest control will help preserve housing conditions; and WHEREAS, the City has adopted an updated fee resolution for the 2017 and 2018 license years; and WHEREAS, this resolution includes new fees that should be referenced in TMC Chapter 5.06, "Residential Rental Business License and Inspection Program"; and WHEREAS, timely licensing renewals and inspections help the City provide efficient services; and WHEREAS, the ordinance amendments are procedural in nature, and are therefore categorically exempt from the State Environmental Policy Act (SEPA) review pursuant to WAC 197-11-800(19); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 5.06.020 Amended. Ordinance Nos. 2459 §1 and 2281 §1 (part) as codified at Tukwila Municipal Code (TMC) Section 5.06.020, subparagraph 1., are hereby amended to read as follows: 1. "Accessory dwelling unit" or "ADU" means a unit that meets the requirements of Table 18-6, Note 17, of TMC Title 18. W: Word Processing\Ordinances\ResidentiaI Rental License /Inspection Program update strike-thru 11-30-16 NG:bjs Page 1 of 3 313 Section 2. TIVIC Section 5.06.040 Amended. Ordinance No. 2281 §1 (part), as codified at TMC Section 5.06.040, is hereby amended to read as follows: 5.06.040 Residential Rental Business License Requirement A. 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 location to be leased. To be considered for approval, residential rental business license applications must be complete and include: 1. Completed and signed Residential Rental Business License Application provided by the City. 2. Appropriate application fee as set forth in the fee schedule adopted by resolution of the City Council. Late fees will be due for applications filed March 1st or later. 3. For multi-family buildings with 20 or more units, documentation of an ongoing integrated pest management (IPM) program. This could be piqKjgj4_j2y a property manager trained in IPM or a contract with a pest control company. B. Failure to obtain a residential rental business license will result in the inability to rent the unit. Section 3. TIVIC Section 5.06.050 Amended. Ordinance Nos. 2459 §2 and 2281 §1 (part), as codified at TIVIC Section 5.06.050, are hereby amended to read as follows: 5.06.050 Inspection Required The pLgperty_owner must -is res onsible for obtainiDg an inspection of each rental unit and submitting the Inspection Checklist to the code official befer��a#y eGGupied-by-a-tena4t,—and-4��no later than September 30 of the year the Certificate of Compliance expires. When a unit changes from owner occupancy to a rental, the inspection must occur before the unit is occupied by the tenant. An inspection is not required the year a Certificate of Occupancy is issued fora �ewly - constructed building, and thereafter the building will be inspected according to the quadrant in which it is located. 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 4. TIVIC Section 5.06.140 Amended. Ordinance Nos. 2459 §8 and 2281 §1 (part), as codified at TIVIC Section 5.06.140, are hereby amended to read as follows: W: Word Processing\Ordinances\ResidentiaI Rental License /Inspection Program update strike-thru 11-30-16 NG:bjs Page 2 of 3 314 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. 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. Section 5. 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 6. 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 7. 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 7 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Rachel B. Turpin, City Attorney Ordinance Number: W: Word Processing\Ordinances\ResidentiaI Rental License/Inspection Program update strike-thru 11 -30 -16 Page 3 of 3 NG:bjs 315