Chapter 5.90 — RENTAL HOUSING

The intent of this chapter is to provide regulation for the rental housing business.

(Code 1969, § 5.90.010; Ord. No. 765, § 2(part), 2000)

For purposes of this chapter, unless the context clearly requires otherwise, the following definitions shall apply:

Cooling system means an air conditioning or similar cooling device capable of maintaining a maximum room temperature of 78 degrees Fahrenheit at a point three feet above the floor in each room, other than a bathroom, of a rental housing unit.

Existing rental housing unit means a rental housing unit constructed prior to the effective date of the ordinance codified in this chapter.

Newly constructed housing unit means a rental housing unit constructed after the effective date of the ordinance codified in this chapter.

Rental housing unit means any single-family dwelling, apartment, condominium or similar structure used or offered for rent or lease.

Residential rental unit means and includes any dwelling unit occupied by persons other than the legal owner.

(Code 1969, § 5.90.020; Ord. No. 765, § 2(part), 2000; Ord. No. 800, § 1, 2004; Ord. No. 765, § 2(part), 2000)

(a)

No person shall rent, lease, or offer for rent or lease any newly constructed rental housing unit unless such rental housing unit is equipped with a cooling system.

(b)

No person shall rent, lease, or offer for rent or lease any existing rental housing unit equipped with a cooling system unless such cooling system is maintained throughout the term of the lease or tenancy.

(c)

Nothing in this section is intended to establish, or shall be construed as establishing, strict liability for the inoperation of a cooling system arising from ordinary wear and tear provided that such cooling system is repaired within 14 calendar days of written notification of its inoperative status.

(Code 1969, § 5.90.030; Ord. No. 765, § 2(part), 2000)

(a)

Purpose. This section establishes a residential rental unit registration program for the purpose of tracking ownership and outstanding sewer or trash debts of residential rental units within the city. It is intended as an aid in the preservation of the city's rental housing stock and is therefore in furtherance of the public health, safety and general welfare.

(b)

New residential rental units. Each owner of property used as a residential rental unit shall complete a residential rental unit registration form within 15 days of the later of the following:

(1)

Acquisition of such property; or

(2)

Initial use of such property by that owner as a residential rental unit.

(c)

Existing residential rental units. Each owner of property used as a residential rental unit on the effective date of the ordinance codified in this section shall complete a residential rental unit registration form within 60 days of the effective date of the ordinance codified in this section.

(d)

Registration late fee. There will be no charge for residential rental units registered within time limits established by the ordinance codified in this chapter. If a property owner registers the residential rental unit after the time permitted by subsections (b), (c) and (f) of this section, a late fine of $25.00 per unit, per month shall be imposed.

(e)

Procedure.

(1)

Completed residential rental unit registration forms shall be filed with the city manager or his designee on a form provided by the city and shall include the following information:

a.

The property owner name and, if not a natural person, the legal status of the entity and, if applicable, the state of formation or incorporation and the agent for service of process;

b.

Contact information, including, current phone and mailing address, of person responsible for property; and

c.

The date of acquisition of the property.

(2)

The city manager or his designee shall approve a residential rental unit registration form unless:

a.

The applicant has made one or more material misstatements in the application; or

b.

There are unpaid utility charges currently owed the city for the property. In lieu of denying an application due to unpaid sewer or trash charges, the city manager or his designee may approve a residential rental unit registration form if the applicant submits a security deposit in an amount reasonably established by the city manager or his designee to ensure payment of charges for utility service to the property by the city.

(f)

Registration renewal. Each property owner issued a residential rental unit registration form shall update the registration form within 30 days of any change in any information required by the city's application pursuant to subsection (e) of this section.

(Code 1969, § 5.90.040; Ord. No. 800, § 2, 2004)