HomeMy WebLinkAbout2021-05Ordinance 2021-05
Amendments to the Rental Inspection Ordinance
ADOPTED: March 16, 2021
EFFECTIVE: March 16, 2021
Ordinance 2021-05
Amendments to the Rental Inspection Ordinance
WHEREAS, the Town Council has determined that the Rental Inspection Program shall
be reinstituted for the purpose of promoting the health, safety and welfare of residents
of dwelling units within the Town; and
WHEREAS, reinstitution of this program will require amendments to the Town Code,
specifically to Chapter 18, Article IV, "Rental Property Inspection", to designate the
proper officials to administer the program;
NOW, THEREFORE be it ORDAINED by the Town Council of the Town of Pulaski,
Virginia sitting in regular session this 16th day of March 2021, that Chapter 18, Article IV
"Rental Inspection Program", of the Code of Ordinances, Town of Pulaski, Virginia, is
hereby amended as set forth in Attachment A -Ordinance 2021-05, attached hereto and
expressly made part of this ordinance as if set forth herein.
This ordinance is effective upon adoption and is hereby adopted this 16th day of March
2021, by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as
follows:
Lane R. Penn
-Aye
James A. Radcliffe
-Aye
Brooks R. Dawson
-Aye
G. Tyler Clontz
-Aye
Gregory C. East
-Aye
Michael P. Reis
-Aye
THE TOWN OF PULASKI, VIRGINIA
BY:
. Shannon Collins
Mayor
ATTEST:
David N. Quesenberpf
Clerk of Council
Attachment A -Ordinance 2021-05
ARTICLE IV. - RENTAL PROPERTY INSPECTION
Sec. 18-101. - Findings.
(a) The town council has found that, within the residential rental inspection districts as
established in section 18-104(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 18-104(b);
(2) The residential rental dwelling units in the district are in need of inspection by the
code enforcement official or his or her designee 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.
(b) The town council has further found that, for each of the individual residential rental
dwelling units described in section 18-103, 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.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-102. - 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.
Group home means a licensed residential facility in which no more than eight 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 or more adjacent
buildings or lots under common ownership, which contain(s) three 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, §
36-105.1:1, as amended.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-103. -Administration.
The code enforcement official is charged with the administration, supervision and
enforcement of the rental inspection program and the registration of vacant buildings, in
addition to enforcement of other violations.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-104. - 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, § 36-
105.1:1 B(2)(3).
(b) Residential rental inspection districts, as shown on the map labeled "Residential
Rental Inspection Districts 2007", attached to and expressly made part of Ordinance
No. 2007-23, 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 I.
(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, § 36-105.1:1 B(2)(3).
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-105. - Implementation; notification requirement for owners.
(a) No later than September 14, 2007, the code official 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 the ordinance from which this article derives 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 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 code official 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 code official 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 code official has reason to believe that an owner has failed to notify the code
official 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-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 notification requirement shall be a civil penalty of $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.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-106. - 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 residential inspection district that is subject to this article without a rental
certificate of compliance therefor, issued after a satisfactory inspection of the property by
thecode official or his or her designee. Violations of this section shall result in a civil
penalty of $50.00 per unit per occurrence. However, upon submittal of the rental property
notification form (section 18-105(b)), a temporary rental certificate of occupancy will be
used until all inspections and requirements are satisfied.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-107. - Inspections generally.
(a) The code 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 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 code 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 individual residential
rental available for inspection. The building or code official shall inspect any individual
residential rental dwelling unit that is outside a district within 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 code 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 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 years,
provided there 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 official 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 years from the date of issuance of a
certificate of occupancy for the unit by the code official.
(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 $100.00.
(d) The code 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 premises shall permit the code
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 code official 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 code official's determination of a
violation of the building code to the town's housing board of adjustment and appeals.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-108. - Initial and periodic inspections of multi -family dwelling units.
(a) If a multi -family residential rental development has more than ten dwelling units, in
the initial and periodic inspections, the code official shall inspect not less than two
units and not more than ten 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 dwelling units. Two-family dwellings and multi -family dwelling units with three to
nine units are not exempt from the inspection requirements of this article.
(b) The inspected residential rental dwelling units of a multi -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 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 18-107(b).
(d) Nothing in this section shall serve to exempt the owner, managing agent, or tenant of
a multi -family residential rental dwelling unit from compliance with all applicable
statues, laws, and ordinances, including the Virginia Uniform Statewide Building
Code.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-109. - Revocation of certificate of compliance.
(a) The code official may revoke a certificate of compliance granted pursuant to section
18-107(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 code official 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 and no greater than 30 days; and stating
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's housing board of adjustment and appeals. The notice shall also set forth the
appeals process as herein established.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-110. - 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's housing board of
adjustment and appeals. Any such appeal shall be filed with the code official within
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's housing board of adjustment and appeals.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-111. - 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
established in Code of Virginia, § 36-106, except as specifically provided otherwise.
(Ord. No. 2007-23, 8-7-2007)
Sec. 18-112. - Civil penalties.
(a) 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, per unit per occurrence .....50.00
Renting a dwelling unit without a rental certificate of compliance, per unit per
occurrence .....100.00
(b) 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, § 36-106.
(Ord. No. 2007-23, 8-7-2007)
I, David N. Quesenberry, Clerk of the Council, of the Town of Pulaski Virginia, do
hereby certify that the forgoing Ordinance 2021-05, "Amendments to the Rental
Inspection Ordinance" is a true and correct copy of the Ordinance set out and adopted
by the recorded vote of the Town Council of Pulaski, Virginia on March 16, 2020.
LAI, a. -W,
David N. Quesenb ry
Clerk of Council