HomeMy WebLinkAbout2007-23,ti
• Ordinance 2007-23
Amending Chapter 18, (Building And Building Regulations) Of The Code Of Ordinances
ADOPTED: August 7, 2007
EFFECTIVE: August 7, 2007
•
. TOWN OF PULASHI, VIRGINIA
ORDINANCE 2007-23
AMENDING CHAPTER 18, (BUILDING AND BUILDING REGULATIONS)
OF THE CODE OF ORDINANCES
WHEREAS, the Town Council of the Town of Pulaski has considered the public health,
safety and welfare of its citizens as regards implementing Rental Property Inspections; and
NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski,
Virginia that the attached Exhibit A attached hereto and expressly made a part hereof as if
expressly set forth herein be added as Article IlI, Rental Property Inspection to Chapter 18 of the
Code of Ordinances and further that the 1950 Code of Virginia, as amended Section 36-105.1:1
A through K attached hereto as Exhibit "B" shall hereby be and is incorporated by reference as if
expressly set forth herein. Any conflict to the Amendment of the Code of Ordinances and the
provisions of the State Code of 1950, as amended shall be interpreted in accordance with the
1950 State Code of Virginia, as amended.
This ordinance is effective upon adoption and is hereby adopted this 7th day of August,
2007 and is adopted by the duly recorded vote of the Town Council of the Town of Pulaski, as
follows:
• Jeffrey S. Worrell -Aye Joel B. Burchett, Jr. -Aye
Daniel Talbert, Jr. -Aye David L. Clark -Aye
Lane R. Penn -Aye Larry G. Clevenger, II -Aye
Town of Pulaski, Virginia
/ ~ ~.~-
By:
C ar es a e, ayor
ATTESTED:
cr
Patricia Cruise, ler o ounce
•
EXHIBIT "A"
Article III
RENTAL PROPERTY INSPECTION
SECTION 18-50 FINDINGS.
(a) The Town Council of the Town of Pulaski, Virginia has found that, within the
residential rental inspection districts as established in Section 18-53 (b) of this
article, each of the following conditions exist:
(1) There is a need to protect the public health, safety and welfare of the
occupants of dwelling units inside the district described and established in
Section 18-53 (b) below;
(2) The residential rental dwelling units in the district are in need of
inspection by the building department to prevent deterioration, taking into
account the number, age and condition of the residential dwelling units
inside the district; and
(3) The inspection of residential rental dwelling units inside the district is
necessary to maintain safe, decent and sanitary living conditions for
tenants and other residents living in the district.
The Town Council has further found that, for each of the individual
residential rental dwelling units described in Section 18-53 of this article,
one of the following conditions exists:
1. There is a need to protect the public health, welfare and safety of the
occupants of that individual dwelling unit;
2. The individual dwelling unit is either blighted or in the process of
deteriorating; or
3. There is evidence of violations of the Building Code that affect the
safe, decent and sanitary living conditions for tenants living in such
individual dwelling units.
Section 18-51 Definitions.
The following terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section:
Building Code means the Virginia Uniform Statewide Building Code.
Day means a calendar day
Dwelling unit means a building or structure or part thereof that is used for
a home or residence by one or more persons who maintain a household. The term does
not include a group home.
• Family means one or more persons related by blood, marriage or adoption
or under approved foster care
2
Group Home means a licensed residential facility in which no more than •
eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with
one or more resident counselors or other staff persons. Mental illness and developmental
disability shall not include current illegal use of or addiction to a controlled substance. A
group home is licensed by the Commonwealth of Virginia Department of Mental Health,
Mental retardation and Substance Abuse Services
Managing agent means any person having authority, singly or in
combination with another, to enter into an agreement for the occupancy of property
subject to this article.
Multi family dwelling unit means any single building lot, or two (2) or
more adjacent buildings or lots under common ownership, which contain(s) three (3) or
more residential rental dwelling units. The term shall not include mobile homes under
common ownership in a mobile home park or subdivision, and such term shall not
include single-family dwellings, family homes with accessory apartments, two-family
dwellings, or townhouses under common ownership.
Occupant means a person who, on a regular basis, spends nights at a
residence. A person is considered an occupant regardless of whether he or she spends the
majority of nights at a residence, if the times he or she does stay overnight are regular and
recurrent. In addition, a person shall be considered an occupant if his or her clothes or
other daily living supplies are maintained at the residence.
Owner means the person shown on the current real estate assessment
books or current real estate assessment records, or the current fee simple title holder of
the property if ownership has changed since tax assessment records were last updated.
Rent means to lease, sublease, let or otherwise grant for consideration the
right to occupy a dwelling unit.
Residential rental dwelling unit means a dwelling unit that is leased or
rented to one or more tenants
Residential rental inspection district means a district created for the
purpose of inspecting residential rental dwelling units as authorized by the Code of
Virginia, 1950 as amended, Section 36-105.1:1.
Section 18-52 Administration.
(a) The Engineering Department is charged with the administration, supervision
and enforcement of building codes and regulations, approval of plans, inspection of
buildings, and the issuance of permits, licenses, certificates or similar documents
prescribed or required by state or local building regulations.
•
3
•
Section 18-53 Applicability
(a) The provisions of this article shall apply to all residential rental dwelling
units within a residential rental inspection district designated by Town
Council and to individual residential rental residential dwelling units outside
designated residential rental inspection districts made subject to this article, as
provided by Code of Virginia, Section36-105.1:1 B (2) (3).
(b) Residential rental inspection districts, as shown on the map labeled
"Residential Rental Inspection Districts 2007", attached hereto and expressly
made part of this ordinance, and filed in the Town Clerk's office on August
8.2007, are hereby established and made subject to the requirements of this
article. Maps detailing these residential rental inspection districts shall be
available in the Engineering Department.
(c) Town Council may designate additional residential rental inspection districts
or make other individual residential rental dwelling units outside the
residential rental inspection district subject to this article after notice and a
public hearing thereon, as provided by Code of Virginia, Section 36-105.1:1
B (2) (3).
.7
•
Section 18-54- Implementation; notification requirement for owners.
(a) No later than September 14, 2007 the Town Engineer or his or her designee
shall notify owners of (i) residential rental dwelling units in the designated
residential rental inspection district and (ii) individual residential rental
dwelling units subject to this article of the adoption of this ordinance and
provide information and an explanation of this article and the responsibilities
of the owner hereunder.
(b) On or before November 14, 2007 and within sixty (60) days of the transfer of
ownership or change in the managing agent of any residential rental dwelling
unit subject to this article, the owner of any residential rental dwelling unit
within a residential rental inspection district shall notify the Town Engineer or
designee in writing if the dwelling unit is used for residential rental purposes.
Such notice shall be submitted on a form provided by the Town Engineer and
shall contain the following information: the address and a brief description of
the rental dwelling unit; the name, street address and telephone number of the
owner of the property; the name, street address and telephone number of the
managing agent if any.
(c) If the Town Engineer has reason to believe that an owner has failed to notify
the Town Engineer of a residential rental dwelling unit within a residential
rental inspection district, he or she shall mail a written notice to the owner
setting a seven (7) day deadline for compliance. The penalty for the willful
failure of an owner of a residential rental dwelling unit who is using the
dwelling unit for residential rental purposes to comply with the written
4 ~ ~.
notification requirement shall be a civil penalty of fifty dollars ($50.00)per
occurrence. For purposes of this section, notice sent by regular first class •
mail to the last known address of the owner as shown on the current real
estate tax assessment books or current real estate assessment records shall be
deemed compliance with this requirement.
Section 18-55- Rental certificate of compliance required.
No owner or managing agent shall rent or offer to rent a residential rental
dwelling unit within a residential rental inspection district or an individual residential
rental dwelling unit outside a rental residential inspection district that is subject to this
article without a rental Certificate of Compliance therefore, issued after a satisfactory
inspection of the property by the building official or his or her designee. Violations of
this section shall result in a civil penalty of fifty dollars ($50.00) per unit per occurrence.
However, upon submittal of the Rental Property Notification Form (Section 18-54(b), a
Temporary Rental Certificate of Occupancy will be used until all inspections and
requirements are satisfied.
Section 18-56- Inspections, generally
(a) The building official or his or her designee shall cause an inspection to be
made of each residential rental dwelling unit located within a residential rental
inspection district, within four (4) years of the designation of the district for
compliance with provisions of the building code that affect the safe, decent
and sanitary living conditions for the tenants of such property. The building
official is hereby authorized to establish schedules to accomplish the
inspection of residential rental dwelling units in different areas within the
residential rental inspection district. If the unit to be inspected is occupied at
the time of the required inspection, it shall be the duty of the owner thereof to
notify the occupants of such inspection and make the residential rental
dwelling unit available for inspection. The building official shall inspect any
individual residential rental dwelling unit that is outside a district within
ninety (90) days of the date the dwelling unit is made subject to this article.
After such inspection, the owner and managing agent, if any, will be provided
with a list of any violations found and the date by which such violations must
be corrected. Following the initial inspection of a residential rental dwelling
unit subject to this article, the building official may inspect any residential
rental dwelling unit in a residential rental inspection district, not otherwise
exempted, annually.
(b) Upon a determination that a residential rental dwelling unit is in compliance
with the provisions of the existing structures regulations of the Virginia
Uniform Statewide Building Code, a rental certificate of compliance shall be
issued to the owner. No certificate shall be issued until all inspection fees are
paid. The certificate shall be valid for a term of four (4) years. Upon the
initial or periodic inspection of a residential rental dwelling unit subject to this
article for compliance with the building code the property shall be exempt
from this article's inspection requirements for four (4) years, provided there •
• .
. ~ 5
are no building code violations that affect the safe, decent and sanitary living
conditions for the tenants of the residential rental dwelling unit. However,
upon the sale of a residential rental dwelling unit, the building department
may perform a periodic inspection of the dwelling unit. Residential rental
dwelling units shall be exempt from the inspection requirement of this article
for four (4) years from the date of issuance of a certificate of occupancy for
the unit by the building department.
(c) There shall be no fee for the initial inspection required by this article or the
first re-inspection. If all violations are not corrected at the time of the .first re-
inspection, then the fee for the second and any subsequent re-inspection for
the original violation shall be one hundred dollars ($100.00)
(d) The building official or his or her duly authorized agent shall have the right to
inspect any residential rental dwelling unit within a residential rental
inspection district or other individual residential rental dwelling units subject
to this article at any reasonable time, in order to carry out an inspection
required by this section. The owner, managing agent, occupant or other
person in charge of the premise shall permit the building official or authorized
agent, access to any residential rental dwelling unit within a residential rental
inspection district or any individual residential rental dwelling unit subject to
this article for the purpose of conducting an inspection authorized by this
article. In the event the building oflicial or authorized agent is denied access
to a residential rental dwelling unit, he or she may apply for an administrative
search warrant in order to gain access to the premise. The Owner will be
provided reasonable notice that an inspection is planned.
(e) Nothing in this article shall prohibit an inspection of any residential rental
dwelling unit or individual residential rental dwelling unit subject to this
article for a violation of the Virginia Uniform Statewide Building Code,
pursuant to a complaint as required by Section 104.1 USBC.
(f) The owner or managing agent may appeal the building official's
determination of a violation of the building code to the Town of Pulaski's
Housing Board of Adjustment and Appeals.
Section 18-57- Initial and periodic inspections of multi-family dwelling units.
(a) If amulti-family residential rental development has more than ten (10)
dwelling units, in the initial and periodic inspections, the building official
shall inspect not less than two (2) units and not more than ten (10) percent of
the dwelling units of that multi-family development, which includes all of the
multi-family buildings which are part of that multi-family development.
However, no inspection fee shall be charged for more than ten (10) dwelling
units. Two (2) family dwellings and multi-family dwelling units with three
(3) to nine (9) units are not exempt from the inspection requirements of this
article.
(b) The inspected residential rental dwelling units of amulti-family development
shall be selected by the building official. At the time of inspection, no
` violations of the Virginia Uniform Statewide Building Code shall exist. If the
6
building official determines upon inspection of the sampling of dwelling units
that there are violations of the building code that affect the safe, decent and
sanitary living conditions for the tenants of such multi-family dwelling unit,
the building official may inspect as many dwelling units as necessary to
enforce the Virginia Uniform Statewide Building Code.
(c) If the dwelling units that are inspected are in compliance with the provisions
and all other applicable codes and ordinances, then a rental certificate of
compliance shall be issued as provided by Section 18-56-(b)
(d) Nothing in this section shall serve to exempt the owner, managing agent, or
tenant of amulti-family residential rental dwelling unit from compliance with
all applicable statutes, laws, and ordinances, including the Virginia Uniform
Statewide Building Code.
Section 18-58-Revocation of Certificate of Compliance
(a) The Town Engineer may revoke a Certificate of Compliance granted pursuant
to Section 18-56-(b) upon finding that the residential rental dwelling unit is in
violation of the building code during the exemption period.
(b) Before revoking the Certificate of Compliance, the Town Engineer shall
notify the owner, managing agent, and the tenant of the violation, in writing,
via first class mail, specifying the nature of the violation; establishing a
deadline for correction of the violation, which shall be no less than seven (7)
and no greater than thirty (30) days; and stating that the Certificate of
Compliance will be revoked on a date certain unless the building official's
determination of the existence of a building code violation is appealed to the
Town of Pulaski's Housing Board of Adjustment and Appeals. The notice
shall also set forth the appeals process as herein established.
Section 18-59- Appeals
(a) The owner, managing agent or tenant may appeal a notice of revocation based
upon the Virginia Uniform Statewide Building Code to the Town of Pulaski's
Housing Board of Adjustment and Appeals. Any such appeal shall be filed
with the Town Engineer within twenty (20) days after the date the notice of
violation was served upon the owner or manager, whichever was served first.
Section 106.5 of the Virginia Uniform Statewide Building Code shall apply to
any such appeal.
(b) The Certificate of Compliance shall remain in effect pending the resolution of
the appeal to the Town of Pulaski's Housing Board of Adjustment and
Appeals..
Section 18-60- Violations.
Any person willfully failing to comply with the inspection requirements of this
article or the Virginia Uniform Statewide Building Code shall be subject to the penalties
i
1. .
established in Section 36-106 of the Code of Virginia, except as specifically provided
otherwise.
•
•
Section 18-61- Civil Penalties.
Fee schedule
Initial inspection and first re-inspection- no charge
Second and any subsequent re-inspection- $100.00
Revocation of rental certificate of compliance- $100.00
Failure to register rental dwelling units- $50.00 per unit per occurrence.
Renting a dwelling unit without a rental certificate of compliance- $50.00 per unit per
occurrence.
Nothing in this section shall serve to prevent the filing of criminal charges for violations
of the building code or, upon conviction of the criminal charges for violation of the
building code, the criminal penalties as described in Code of Virginia, Section 36-106.
8 ~ ~ ~
•
•
LIS > Code of Virginia> 36-105.1:1 http:J/leglstate.va.uslcgi-bin/1egp504.exe?000+cod+3G-1O5.1C1
State Code Provisions previous ~ next
§ 36-105.1:1. Rental inspections; rental inspection districts; exemptions; penalties.
A. For purposes of this section:
"Dwelling unit" means a building or structure or part thereof that is used for a home or residence by
one or more persons who maintain a household.
"Owner" means the person shown on the current real estate assessment books or current real estate
assessment records.
"Residential rental dwelling unit" means a dwelling unit that is leased or rented to one or more
tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a
residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own
cooking and sleeping areas, and a bathroom, unless otherwise provided in the zoning ordinance by the
local governing body.
B. Localities may inspect residential rental dwelling units. The local governing body may adopt an
ordinance to inspect residential rental dwelling units for compliance with the Building Code and to
promote safe, decent and sanitary housing for its citizens, in accordance with the following:
1. Except as provided in subdivision B 3, the dwelling units shall be located in a rental inspection
district established by the local governing body in accordance with this section, and
• 2. The rental inspection district is based upon a finding by the local governing body that (i) there is a
need to protect the public health, safety and welfare of the occupants of dwelling units inside the
designated rental inspection district; (ii) the residential rental dwelling units within the designated
rental inspection dis~ict are either (a) blighted or in the process of deteriorating, or (b) the residential
rental dwelling units are in the need of inspection by the building department to prevent deterioration,
taking into account the number, age and condition of residential dwelling rental units inside the
proposed rental inspection district; and (iii) the inspection of residential rental dwelling units inside
the proposed rental inspection district is necessary to maintain safe, decent and sanitary living
conditions for tenants and other residents living in the proposed rental inspection district. Nothing in
this section shall be construed to authorize alocality-wide rental inspection district and a local
governing body shall limit the boundaries of the proposed rental inspection district to such areas of the
locality that meet the criteria set out in this subsection, or
3. An individual residential rental dwelling unit outside of a designated rental inspection district is
made subject to the rental inspection ordinance based upon a separate finding for each individual
dwelling unit by the local governing body that (i) there is a need to protect the public health, welfare
and safety of the occupants of that individual dwelling unit; (ii) the individual dwelling unit is either
(a) blighted or (b) in the process of deteriorating; or (iii) there is evidence of violations of the Building
Code that affect the safe, decent and sanitary living conditions for tenants living in such individual
dwelling unit.
For purposes of this section, the local governing body may designate a local government agency other
than the building department to perform all or part of the duties contained in the enforcement authority
granted to the building department by this section.
of 3 _ OR/29/2(1(1fi 4.4R
LIS > Code of Virginia > 36-105.1:1
http://Ieg l .state.va.us/cgi-bin/Iegp504.exe?OOO+cod+36-d 05:1 C 1
C. 1. Notification to owners of dwelling units. Before adopting a rental inspection ordinance and
establishing a rental inspection district or an amendment to either, the governing body of the locality
shall hold a public hearing on the proposed ordinance. Notice of the hearing shall be published once a •
week for two successive weeks in a newspaper published or having general circulation in the locality.
Upon adoption by the Iocal governing body of a rental inspection ordinance, the building department -
shall make reasonable efforts to notify owners of residential rental dwelling units in the designated
rental inspection district, or their designated managing agents, and to any individual dwelling units
subject to the rental inspection ordinance, not located in a rental inspection district, of the adoption of
such ordinance, and provide information and an explanation of the rental inspection ordinance and the
responsibilities of the owner thereunder.
2. Notification by owners of dwelling units to locality. The rental inspection ordinance may include a
provision that requires the owners of dwelling units in a rental inspection district to notify the building
department in writing if the dwelling unit of the owner is used for residential rental purposes. The
building department may develop a form for such purposes. The rental inspection ordinance shall not
include a registration requirement or a fee of any kind associated with the written notification pursuant
to this subdivision. A rental inspection ordinance may not require that the written notification from the
owner of a dwelling unit subject to a rental inspection ordinance be provided to the building
department in less than 60 days after the adoption of a rental inspection ordinance. However, there
shall be no penalty for the failure of an owner of a residential rental dwelling unit to comply with the
provisions of this subsection, unless and until the building department provides personal or written
notice to the property owner, as provided in this section. In any event, the sole penalty for the willful
failure of an owner of a dwelling unit who is using the dwelling unit for residential rental purposes to
comply with the written notification requirement shall be a civil penalty of up to $50. For purposes of
this subsection, notice sent by regular first class mail to the last known address of the owner as shown
on the current real estate tax assessment books or current real estate tax assessment records shall be
deemed compliance with this requirement.
D. Initial inspection of dwelling units when rental inspection district is established. Upon
establishment of a rental inspection district in accordance with this section, the building department
may, in conjunction with the written notifications as provided for in subsection C, proceed to inspect
dwelling units in the designated rental inspection district to determine if the dwelling units are being
used as a residential rental property and for compliance with the provisions of the Building Code that
affect the safe, decent and sanitary living conditions for the tenants of such property.
E. Provisions for initial and periodic inspections of multifamily dwelling units. If a multifamily
development has more than 10 dwelling units, in the initial and periodic inspections, the building
department shall inspect only a sampling of dwelling units, of not less than two and not more than 10
percent of the dwelling units, of a multifamily development, which includes all of the multifamily
buildings which are part of that multifamily development. In no event, however, shall the building
department charge a fee authorized by this section for inspection of more than 10 dwelling units. If the
building department determines upon inspection of the sampling of dwelling units that there are
violations of the Building Code that affect the safe, decent and sanitary living conditions for the
tenants of such multifamily development, the building department may inspect as many dwelling units
as necessary to enforce the Building Code, in which case, the fee shall be based upon a charge per
dwelling unit inspected, as otherwise provided in subsection H.
F. 1. Follow-up inspections. Upon the initial or periodic inspection of a residential rental dwelling unit
2 of 3 08/29/2006 4:48 PM
IS ~ Code of Virginia > 36-105.1:1
. ~ ~.
http:!/legl.state.va.us/cgi-hin/legp504.exe?OOO+cod+3b-1 OS,1C1
subject to a rental inspection ordinance, the building department has the authority under the Building
Code to require the owner of the dwelling unit to submit to such follow-up inspections of the dwelling
unit as the building department deems necessary, until such time as the dwelling unit is brought into
compliance with the provisions of the Building Code that affect the safe, decent and sanitary living
conditions for the tenants.
2. Periodic inspections. Except as provided in subdivision F 1, following the initial inspection of a
residential rental dwelling unit subject to a rental inspection ordinance, the building department may
inspect any residential rental dwelling unit in a rental inspection district, that is not otherwise
exempted in accordance with this section, no more than once each calendar year.
G. Exemptions from rental inspection ordinance. Upon the initial or periodic inspection of a
residential rental dwelling unit subject to a rental inspection ordinance for compliance with the
Building Code, provided that there are no violations of the Building Code that affect the safe, decent
and sanitary living conditions for the tenants of such residential rental dwelling unit, the building
department shall provide, to the owner of such residential rental dwelling unit, an exemption from the
rental inspection ordinance for a minimum of four years. Upon the sale of a residential rental dwelling
unit, the building department may perform a periodic inspection as provided in subdivision F 2,
subsequent to such sale. If a residential rental dwelling unit has been issued a certificate of occupancy
within the last four years, an exemption shall be granted for a minimum period of four years from the
date of the issuance of the certificate of occupancy by the building department. If the residential rental
dwelling unit becomes in violation of the Building Code during the exemption period, the building
department may revoke the exemption previously granted under this section.
M H. A local governing body may establish a fee schedule for enforcement of the Building Code, which
includes a per dwelling unit fee for the initial inspections, follow-up inspections and periodic
inspections under this section.
I. The provisions of this section shall not, in any way, alter the rights and obligations of landlords and
tenants pursuant to the applicable provisions of Chapter 13 (§ 55-217 et seq.) or Chapter 13.2 (§
55-248.2 et seq.} of Title 55.
J. The provisions of this section shall not alter the duties or responsibilities of the local building
department under § 36-105 to enforce the Building Code.
K. Unless otherwise provided in this section, penalties for violation of this section shall be the same as
the penalties provided in the Building Code.
(2004, c. $51.)
l~
previous ~ next ~ new search ~ table of contents ~ home
08/29/2006 4:48
f3 -
I, Patricia Cruise, Clerk of Council, certify that the foregoing Ordinance 2007-23,
Amending Chapter 18, (Building And Building Regulations) Of The Code Of Ordinances
is a true and correct copy as adopted by the Pulaski Town Council at their regular
meeting on August 7, 2007.
r,
Patricia Cruise, Clerk of Council
tp/c/ordinance/certiftcation