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Home My WebLink AboutCDN 2018-11-27 Item 2D - Ordinance - Audit Process Related to Rental Housing Certification InspectionsCity of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods Committee FROM: Jack Pack, DCD Director BY: Nora Gierloff, Deputy DCD Director and Kia Shagena, Code Enforcement Officer CC: Mayor Ekberg DATE: November 27, 2018 SUBJECT: Updated Residential Rental Inspector Requirements ISSUE Proposal to update the requirements at TMC 5.06 to provide more oversight of Residential Rental Licensing Program inspections conducted by non -city inspectors. BACKGROUND In addition to annual licensing, all approximately 4,000 rental housing units in the City must pass an inspection every 4 years, see Attachment C. Properties with up to 4 units may use a City inspector while all larger properties must use a private inspector who meets specific qualifications. The City may also inspect units in response to complaints at other times. In 2017, the City was made aware of a series of insufficient and or incomplete rental inspection reports that were submitted to the City by a private non -city inspector. Since the discovery of this information, the inspector has been removed from the City's list of approved inspectors and has not inspected any additional units. On October 9, 2018 the City received a complaint regarding a four-plex with a collapsed ceiling that was due to a prolonged roof leak. This property had been inspected by the offending inspector in October of 2017. The families were assisted in finding permanent housing and the property owner paid their relocation assistance. The rental housing staff has reached out to property owners whose last inspection was performed by this inspector to offer a courtesy inspection by our inspection staff. Hopefully this will allow us to proactively identify any additional housing safety issues, see Attachment B. DISCUSSION During the October 23, 2018 Community Development and Neighborhoods Committee meeting the Committee requested staff bring forward proposed updates to the Residential Rental Licensing Program inspection requirements to help mitigate this type of issue in the future and provide the City additional recourse when addressing similar situations. Staff proposes the addition of an audit provision to the code which allows the code official to reinspect units when the inspection report results are in question, see Attachment A. Additionally, staff recommends adding provisions that: 1) Inspectors may not have a financial interest in the properties they inspect; and 2) The City may revoke a rental license if an inspection checklist is submitted to the City that the owner or the inspector knew or should have known was false. 49 INFORMATIONAL MEMO Page 2 FINANCIAL IMPACT The only direct costs would be staff time required to implement and enforce the audit and revocation provisions. This would include the staff time for required reinspections. RECOMMENDATION The Council is being asked to approve the ordinance and consider this item at the December 10th Committee of the Whole meeting with possible adoption at the Special Meeting that night. ATTACHMENTS A. Draft Residential Rental Licensing Inspection Ordinance B. Rental Inspection Checklist C. Quadrant Map 50 L1Council Agenda Items\DCD\CDN 11-271RHP_Inspections-InfoMemo.docx AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, MODIFYING THE STANDARDS FOR PRIVATE RESIDENTIAL RENTAL PROGRAM INSPECTORS; AMENDING ORDINANCE NOS. 2519 §3, 2459 §2, AND 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 5.06.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Residential Rental Business License and Inspection Program has been effective in improving the quality of the City's rental housing stock; and WHEREAS, under this program all residential rental units are required to pass a safety inspection at least once every four years; and WHEREAS, approximately 85 percent of these inspections are performed by private inspectors who meet specific certification requirements; and WHEREAS, the City has determined that additional oversight of the private inspectors is desirable to protect the health and safety of Tukwila's renters; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Section 5.06.050 Amended. Ordinance Nos. 2519 §3, 2459 §2, and 2281 §1 (part), as codified at Tukwila Municipal Code Section 5.06.050, "Inspection Required," are hereby amended to read as follows: 5.06.050 Inspection Required A. The property owner is responsible for obtaining an inspection of each rental unit and submitting the Inspection Checklist to the code official no later than September 30 of the year the Certificate of Compliance expires. W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs Page 1 of 3 51 B. 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 for a newly -constructed building, and thereafter the building will be inspected according to the quadrant in which it is located. C. Owners of complexes with 5 or more units are required to utilize a non -City inspector Ihho. Owners of rental properties with fewer than 5 units may utilize a City inspector or a non -City inspector. Non -City inspectors must meets the qualifications defined herein,. and who is be preapproved by the City, and may not have a financial interest in the property. City inspector or The City shall provide the Inspection Checklist to the owner with the application form. D. 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. E. The code official shall audit Inspection Checklists submitted by private inspectors and based on audit results may reinspect units on that property or inspected by that inspector. F. Submittal of an Inspection Checklist that the owner knows or should have known is false may result in revocation of the residential rental business license and penalties defined in TMC Section 5.06.200. G. An Inspector may be removed from the City's approved list for easons including, but not limited to: 1. Submittal of an Inspection Checklist that the inspector knows or should have known is false. 2. Conviction for any crime that occurs in connection with an inspection. 3. Failure to hold a valid Tukwila business license. Section 2. 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 3. 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. W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs 52 Page 2 of 3 Section 4. 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 , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Rental Program inspections strike-thru 11-15-18.doc NG:bjs Page 3 of 3 53 54 Deportment ofCommunity Development — Jack Pace, Director RENTAL HOUSING LICENSING PROGRAM: INSPECTION CHECKLIST Allan Ekberg, Mayor File# RENT Final Inspection Score PROPERTY OWNER INFORMATION Owner name: Mailing address: DWELLING TYPE: Duplex Single-family Triplex Condominium Fnurp|ex Apartments v/5nrmore units Accessory Dwelling Unit 0 RENTAL PROPERTY INFORMATION Rental Address: Property Name: In this dwelling, number of: Bedrooms - Bathrooms - Unit Number: UNIT DOES NOT PASS IF INSPECTION RESULTS INA TOTAL OF 25 OR MORE NON-COMPLIANCE POINTS wmun/4.m v YES NIA NO N-C 302A Clean, safe & sanitary / no uncontained debris (0— C i 302.2 No standing water or erosion J, 302.3 Sidewalks/driveways free of hazards ('i�' 302A No weeds in excess of 12 inches (-0 C' 302.5 No evidence of rodent harborage / vermin infestation (0— 2 302.7 Accessory structures in good repair 302.8 No junk vehicles/under repair outside garage 30Z9 Free from graffiti 308 Approved garbage containers with tight fitting lids Section A — EXTERIOR PROPERTY Total of Non -Compliance Points 1PMc B SWIMMING POOLS, SPAS & HOT TUBS YES w�V N/A NON-C VO pT8 COMMENTS 303.1 Clean, sanitary, ingood repair C�7- 1 303.2 Enclosure OO^high, with self -closing latch ongate �� C' (_ 3 Date oflast public health inspection (nulti-fam@/complexes nnly): Total of Non -Compliance Points Section B—SWIMMING POOLS, SPAS & HOT TUBS �� EXTERIOR STRUCTURE YES NIA NON-C pTS COMMENTS 3042 Surfaces |ngood repair [� 1 3U4.3 Address numbers 4^tall & visible from street ( (`�( 1 3O4.4 Structural members ingood repair J 3O4�Fnund�onwm|bin good epa� y� `�^ ^_ 304.8 Exterior walls ingood repair '3 3 3O4.7 Roof and drainage ingood repair 2 304.8 Decorative features ingood repair J, C/ L-2 1 @O4.O Overhang extensions ingood repair Ci 2 304.18 Stairways, decks, pnmhao^ balconies ingood repair 3 304.11 Chimneys and towers 'ingood repair ( ( 2 304.12 Handrails and guardrails firmly fastened 60� ( (_� 3 ectionC-EXTERIOR JTHUG Total ofNon-Compliance Points 55 COMPLIES WITH STANDARD? IPMc D DWELLING UNIT ENTRY V PTS COMMENTS 304,15 Exterior doors in good repair; deadbolt locks operable by knob; deadbolt throw not less than 1 inch C' 2 305.3 Windows and frames in good repair 305.4 Floor surface in good repair (0-1 C' Section D—DWELLING UNIT EN3RY Total of Non -Compliance Points I yl |pMc � u� LIVING ROOM YES �� N/A ��w�PTS NO M-C COMMENTS 3O5.3 Wall surface ingood repair 3053 Windows and frames ingood repair J, 3OS.4 Floor surface ingood repair (i C';�� 402.1 403.1 Minimum of1upenab|o.approved-size window facing dire�|yhonu�unm.(V C� — -~ 504.1No visible mold, signs ofmoisture yrleaks J 602.3 602� Adequate source ofheat (2) �� _ �� _ 25 G05.2 Two separate & remote electrical 'receptacle outlets 2 Size, in square feet (min. 120 square feet): Section E-LIVING ROOM Total of Non -Compliance Points ]pmc F DINING ROOM YES NIA w/w/ NO N-C PTS COMMENTS 306.3 Wall surface ingood repair (_J 1 305�3 Windows and frames ingood repair (7 i 305.4 Floor surface ingood repair ClC j 482.1 403.1 Minimum of1nponub|e.approved-size window facing directly bzoutdoors, (1) 6041Wn visible mold, signs ofmoisture urleaks 3 602.3 602.5 Adequate source ofheat (2) 0 --' C' ~- �) ~' 25 605.2Two separate & remote electrical receptacle outlets 2 Size, in square feet: SectionSection F —DINING ROOM I� Total n8Non-Compliance Points | �� | ' -- |RMC G KITCHEN /UTILITY YES NIA mO w/ N-C PTu COMMENTS 3O53 Wall surface ingood repair (7 � 305.3 Windows and frames ingood repair C" 1 3U5.4 Floor surface 1ngood repair (7 (7 1 30Q Free nfinsect urrodent infestation 3 30lG �}��(— 403.4 Stove vonpmpedyoonnen�dandfunoUnno| ` --- —� — 2 � 4O42 Has aclear pu�ofm�]oaothan 3feo clearance between ooun�hmntoand appliances orwaUa �— ~ �" 404,7 Has kitchen sink, cooking stove, refrigerator, and �� 25 502.1 counter space 504.1 Novisible mold, signs ufmoisture orleaks 3 505.1 Hot and cold water tnall plumbed fixtures �� [_} 26 GO5.2 Two separate Qremote electrical receptacle outlets 2 4O3.5 Clothes dryer exhaust vented properly toexterior 2 506.4 Water heater correctly installed J GO5.2 Laundry area one grounded -type receptacle orGFC| i Section G-0TCHBWU7IL Total ofNon-Compliance Points 56 COMPLIES YES �� WITH N/A w^ STANDARD? NO �� PTG ��C � �� no BATHROOM COMMENTS 4O4�.3Separate bathroom with toilet, sink, & tub mshower 25 305.3 Wall surface |hgood repair 3O5.3 Windows and frames |ngood repair 3OS.4 Floor surface ingood repair (7 _.' i 403� ' B�hmomand hoi �| '=`' ' (Dponeb�m�u�wm�no0on�menhen�� `= �� - `-^ 2 603.1 Door for privacy, ingood repair, securely attached (0- C 5n4.1No visible mold, signs cdmoisture orleaks 3 505.1 Hot and/or cold water toall fixtures 25 6OS2 Has atleast one electrical receptacle C, C i This is Bathroom om# of toto| bathrooms in Section H'BATHROOM dwelling unit Tn�/'�Nnn'Cnop�muePo�� /l �� |pMc Y�� *� �� *� ��pTS COMMENTS � BATHROOM NO4DD'L nn 4U4.4.3 Separate bathroom with toilet, sink, & tub orshower 25 3O5'.3 Wall surface ingood repair 305.3 Windows and frames in repair 305.4 Floor surface ingood repair (97 (7: (7 i 4O32 ' 8othmomand toilet properly ventilated (Dpenab��dnwn/bmoNrna/meohon�a/�� @�� `� - `� 2 5OJ.1 Door for privacy, |ngood repair, securely attached 5O4.1Nu visible mold, signs ofmoisture orleaks (07 3 505'1 Hot and/or cold water toall fixtures 25 605.2 Has atleast one electrical receptacle (-0� C" This is Bathroom # of total bathrooms in dwelling unit (3) Total of Non -Compliance Points Section H-BATHROOM |pmc YES m� NIA w� NO *�PTS N-C COMMENTS xu �� BATHROOM �� NOADD'L 404.4.3 Separate bathroom with toilet, sink, & tub mshower 25 JU5.3 Wall surface ingood repair i 3O5.8 Windows and frames ingood repair 1 305.4 Floor surface ingood repair C 6�� C, 1 403.2 Bathroomand properly (Openable window or functional mechanical fan) ~_ C_ 2 503.1 Door for privacy, iogood repair, securely attached C' 504,1No visible mold, signs ofmoisture orleaks 3 5O5.1 Hot and/or cold water tuall fixtures 25 6O5.2 Has etleast one electrical receptacle This is Bathroom # of total dwelling unit (3) bathrooms in Section H'BATHROOM 57 IPMC I BEDROOM YES V NIA 4/ NO V N-C PTS COMMENTS 305.3 Wall surface in good repair (0 C C 1 305,3 Windows and frames in good repair to 305.4 Floor surface in good repair (— 1 305.6 Door, in good repair, securely attached t 402.1 Minimum of 1 openable, approved -size window facing c 1 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks - C602.3 O' 602.5 Adequate source of heat (2) (— 25 605,2 Two separate & remote electrical receptacle outlets (' — 1 This is Bedroom # of total bedrooms in S ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points IPMC YES v N/A v NO v N-C PTS COMMENTS I BEDROOM I NO ADD'L 305.3 Wall surface in good repair (i C — 1 305.3 Windows and frames in good repair t (— '''. 1 305.4 Floor surface in good repair (O- (— (— 1 305.6 Door, in good repair, securely attached i C C 1 402.1 403.1 Minimum of 1 openable, approved -size window facing directly to outdoors. (1) 0 1 504.1 No visible mold, signs of moisture or leaks r , 3 602.3 602.5 Adequate source of heat (2) C C 25 605,2 Two separate & remote electrical receptacle outlets '1 ( C i This is Bedroom # of total bedrooms in S ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points IPMC BEDROOM ___I NO ADD'L YES v NIA v NO v N-C PTS COMMENTS 305.3 Wall surface in good repair C C C 1 305.3 Windows and frames in good repair • ' 1 305A Floor surface in good repair ii" C 305.6 Door, in good repair, securely attached -, t , 402.1 Minimum of 1 openable, approved -size window facing C 1 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks ' i:Ti` 602.3 602.5 Adequate source of heat (2) C (-O IT 25 605.2 Two separate & remote electrical receptacle outlets C 1 This is Bedroom # of total bedrooms in S ze, in square fee dwelling unit (3) (min. 70 sq ft per 404.4.1): action i - e room Total of Non -Compliance Points 58 COMPLIES YES v WITH N/A V STANDARD? NO V N.0 PTS IPMC I BEDROOM I NO ADD'L COMMENTS 305.3 Wall surface in good repair C 1 305.3 Windows and frames in good repair - (.( C 1 305.4 Floor surface in good repair 305.6 Door, in good repair, securely attached r i 402.1 403.1 Minimum of 1 openable, approved -size window facing directly to outdoors. (1) - 504.1 No visible mold, signs of moisture or leaks 3 602.3 602.5 Adequate source of heat (2) 25 605.2 Two separate & remote electrical receptacle outlets C (:- C 1 This is Bedroom # of total bedrooms in S dwelling unit (3) (min. 70 ze, in square feet sq ft per 404.4.1): Section I - Bedroom Total of Non -Compliance Points NA IPMC BEDROOM NO ADD'L YES v NIA v NO v N-C PTS COMMENTS 305.3 Wall surface in good repair 1 305.3 Windows and frames in good repair C (i. -- 1 305.4 Floor surface in good repair C 1 305.6 Door, in good repair, securely attached ' 402.1 Minimum of 1 openable, approved -size window facing • 403.1 directly to outdoors. (1) 504.1 No visible mold, signs of moisture or leaks ' • 602.3 (O ,. 602.5 Adequate source of heat (2) 25 605.2 Two separate & remote electrical receptacle outlets ' 1 This is Bedroom # of total bedrooms in S'ze, in square feet dwelling unit (3) (min. 70 sq ft per 404.4.1): Section - Bedroom Total of Non -Compliance Points NOTES g • YES v N/A V NO V 1 N-C PTS 1 IPMC COMMENTS EFFICIENCY UNIT/ NOT STUDIO APARTMENT APPLIC 305.3 Wall surface in good repair C (i - 1 305.3 Windows and frames in good repair r 1 305.4 Floor surface in good repair 402.1 403.1 Minimum of 1 openable, approved size window facing directly to outdoors. (1) ,. 404.6.2 Kitchen sink, cooking stove, refrigerator, counter space ' C 25 404.6.3 Separate bathroom with toilet, sink, and tub or shower ' 25 504.1 No visible mold, signs of moisture or leaks r 505.4 Water heater correctly installed C (i. C 3 602.3 602.5 Adequate source of heat (2) (-- - C 25 605.2 Two separate & remote electrical receptacle outlets C (-: C 1 Size, in square feet: (Min. size: 220 sq ft for 2 occupants, 320 sq ft for 3 occupants; 3 occupants max., per 404.6) Section J - EFFICIENCY UNIT/STUDIO APT Total of Non -Compliance Points NA 59 I YES sie NIA v NO v P N-C PTS B IPMC OTHER COMMENTS 402.2 LIGHTING FIXTURES REQUIRED: Public hall 1 402,2 Interior stairway .,-, Va 1 402.3 Toilet room * C r 1 402.3 Kitchen •C C 1 402.3 Bathroom C C 1 402.3 Laundry room • 404.1 Dwelling provides privacy/separated from adjoining units • (- 25 504.3 No plumbing system hazards found ' r 25 603.1 Mechanical equipment properly installed & maintained (li' - C 25 603.5 Combustion air supply is adequate for fuel -burning equip -b (- r 25 604.1 Unit has electrical service provided by utility 1(liCT C 25 604.3 No electrical system hazards found Ci‘ C 25 Section K - OTHER Total of Non -Compliance Points IPMC L MEANS OF EGRESS; FIRE PROTECTION YES V NIA v NO v N-C PTS COMMENTS 702.1 Safe, continuous, unobstructed path of travel (41 C-. (-- 25 702.3 702.4 Doors, bars, grilles, grates over emergency escape openings are readily operable from inside, without keys or special knowledge (' C- (-- 25 702,4 Adequate emergency egress from all habitable spaces (li C C 25 703.2 Fire doors not blocked, obstructed or inoperable C ('-' C 25 704.2.1 SMOKE DETECTORS REQUIRED: on each story ( — C 25 704,2.2 Inside each bedroom • C C 25 704.2.3 On ceiling or wall outside of each sleeping area i C.CT 25 RCW 19.27.530 CARBON MONOXIDE DETECTORS REQUIRED (on each story, in immediate vicinity of each sleeping area) • C C 25 ec ion L - ; Total of Non -Compliance Points NOTES: (1) Screens required on openings used for ventilation. Minimum total glazed area shall be at least 8% of floor area. Openable area shall be at least 4% of floor area. (2) Capable of maintaining 68°F temperature 3 feet above floor & 2 feet inward from center of exterior wall. Space heaters not permitted as only source of heat. (3) For additional rooms, attach supplementary inspection forms as necessary, INSPECTOR COMMENTS: Inspection date: Inspector's signature: Landlord/owner signature: Inspector's name (print): KIA M. SHAGENA > INSPECTION SCORE: Total non-compliance points (25+ points = inspection failure) 0 City will issue "Certificate of Compliance" for units accruing less than 25 points. Units accruing 25 points or more constitute a failure. Landlord has 30 days to correct deficiencies and obtain re -inspection. A unit must pass inspection in order to receive Certificate of Compliance and Residential Rental Housing Business License and be considered fit for occupancy. Certificates of Compliance are valid for four calendar years from date of inspection. Properties must be reinspected prior to expiration. 60 Exhibit 2 City Tukwila Rental Housing inspection Deadlines 61