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HomeMy WebLinkAbout021 - 02/15/2005 - AMENDING ARTICLE VI, DIVISION 2 OF THE CITY CODE RELATING TO RESIDENTIAL RENTAL REGISTRATIONFAILED ON FIRST READING - FEBRUARY 15, 2005 Changes made from Study Session Discussion are shown in BOLD ORDINANCE NO. 021, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE VI, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RESIDENTIAL RENTAL REGISTRATION WHEREAS, residential rental housing in the City can be subject to overcrowding, structural deterioration and overall neglected appearance, which conditions can lead to a decline in neighborhood quality of life, neighborhood appearance and the value of real estate; and WHEREAS, residential rental housing can, without proper attention by landlords, property managers and tenants, become unsafe, a public nuisance and/or unfit for human habitation; and WHEREAS, MULTI-FAMILY RENTAL UNITS WHICH HAVE BEEN CONSTRUCTED FOR THE PURPOSE OF RENTAL ARE READILY IDENTIFIABLE BY THE CITY AND OTHER AFFECTED PERSONS AS RENTAL PROPERTIES; AND WHEREAS, SUCH MULTI-FAMILY RENTAL UNITS TYPICALLY HAVE A PROPERTY MANAGER WITH WHOM NEIGHBORS AND THE CITY CAN COMMUNICATE ABOUT ANY BEHAVIORAL PROBLEMS OCCURRING IN CONNECTION WITH SUCH RENTAL UNITS; AND WHEREAS, SINGLE-FAMILY, TWO-FAMILY, THREE-FAMILY AND FOUR-FAMILY DWELLINGS, AS WELL AS BOARDING HOUSES, WERE OFTEN CONSTRUCTED FOR OWNER- OCCUPANCY RATHER THAN USE AS RENTAL PROPERTIES, SO THAT IT IS DIFFICULT FOR THE CITY TO IDENTIFY WHICH OF SUCH PROPERTIES ARE BEING USED FOR RENTAL PURPOSES OR TO KNOW WHOM TO CONTACT IN THE EVENT OF BEHAVIORAL PROBLEMS; AND WHEREAS, requiring the owners of such rental properties to register their properties with the City would afford the City an opportunity to educate both owners and tenants regarding compliance with applicable occupancy, building maintenance, property maintenance and behavioral ordinances, and would facilitate the enforcement of nuisance laws against such properties by requiring that the names, addresses and telephone numbers of local persons responsible for such properties be provided to the City; and WHEREAS, City staff is recommending a Residential Rental Registration Ordinance which would establish procedures for identifying rental units within the City limits of Fort Collins and for educating property owners, property managers and tenants in the City about the City's Rental Housing Standards and other City Code programs; and FAILED ON FIRST READING - FEBRUARY 15, 2005 WHEREAS, the Rental Registration Program is also necessary to increase the efficacy of nuisance code enforcement by providing the City with a local contact for all rental properties in the City and would facilitate better information sharing between such persons and the City; and WHEREAS, the Rental Registration Program is intended to ensure that residential rental unit owners, property managers and tenants are informed of, and adhere to, all applicable Code provisions governing the use and maintenance of rental units and to ensure that owners, property managers and agents inform tenants of their responsibilities under written leases or other rental agreements before such leases and agreements are executed; and WHEREAS, the Rental Registration Program will serve to protect the life, safety and health of residential rental housing tenants and to preserve a high quality of life in neighborhoods in which residential rental housing is located by encouraging the nuisance-free and peaceable enjoyment of residents within the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the title of Division 2 contained under Article VI., Chapter 5 of the Code of the City of Fort Collins is hereby amended to read as follows: DIVISION 2. NON-OWNER-OCCUPIEDRENTAL HOUSING STANDARDS Section 2. That Section 5-236 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-236. Definitions. For the purposes of this Article, certain terms, phrases, words and their derivatives shall be construed as specified in either this Article, or as specified in the city building code adopted in § 5-26, or the Land Use Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster's Third New International Dictionary of the English Language, Unabridged, copyright 1961, 1986 printing, shall be considered as providing ordinary accepted meanings. As used in this Article, the following terms shall have the meanings indicated: . . . . . Non-owner-occupied rental housing shall mean any building or portion thereof, including the lot, tract or parcel of land on which the same is located, containing any dwelling unit, guest room or hotel; and any mobile home as defined in Chapter 18 of this Code, or any other similar place intended for human habitation, which is leased, rented, or sublet to a family or person(s) for compensation (including money FAILED ON FIRST READING - FEBRUARY 15, 2005 or services and includes the sharing of expenses) or otherwise occupied by a person who is not the fee owner of record of said building, mobile home or portion thereof. . . . . . Occupant shall mean an individual who resides in a dwelling unit under any implied lease or express agreement. Occupant shall also include any person who receives mail at the dwelling unit or who utilizes the dwelling unit as an address for any purpose. Occupied shall mean in use for residential purposes. Owner shall mean the holder of the title in fee simple and any person, group of persons, company, association or corporation in whose name the tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with others: (1) has legal title to any dwelling or dwelling unit, with or without actual possession thereof; or (2) has charge, care or control of any dwelling or dwelling unit, as owner, executor, executrix, administrator, trustee, guardian of the estate of the owner, mortgagee or assignee of rents. Owner shall not include any person, group of persons, company, association or corporation who merely holds a deed of trust or easement on real property. Property manager shall mean any person, group of persons, company, firm or corporation charged with the care and control of a building, dwelling or rental dwelling unit or their duly authorized agents who perform services for the owner with respect to the building or rental dwelling unit under a contract with the owner or who otherwise acts as representative of an owner with respect to the building or rental dwelling unit. Rental dwelling unit shall mean one (1) or more rooms and a single kitchen OCCUPIED OR INTENDED TO BE OCCUPIED AS A UNIT EXCLUSIVELY FOR RESIDENTIAL PURPOSES that is leased, rented, or sublet to a family, as defined in Section 5.1.2 of the Land Use Code, or to other persons for compensation (including money or services or the sharing of expenses) for living and cooking purposes, and which AND THAT is located in a BOARDING HOUSE OR A single- family or two-family DWELLING OR A MULTI-FAMILY DWELLING CONTAINING NO MORE THAN FOUR DWELLING UNITS or multifamily dwelling. Section 3. That Section 5-237 of the Code of the City of Fort Collins is hereby amended to read as follows: FAILED ON FIRST READING - FEBRUARY 15, 2005 Sec. 5-237. Purpose. The purpose of tThis codeArticle is to providenecessary to protect the health, safety and welfare of the people of the city by establishing minimum standards governing the facilities, utilities, occupancy, repair and maintenance of rental housing to safeguard life or limb, health, and property of persons affected by or subject to the provisions of this Article and the public welfare bythrough regulatingregulation and controlling of the use, and occupancy, location and maintenance of all non-owner-occupiedrental housing within the city. Section 4. That Section 5-238(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-238. Applicability. (a) The provisions of this Article shall apply to all buildings or portions used or designed or intended to be used for human habitation which are considered to be non-owner-occupied rental housing as defined in § 5-236. Section 5. That Section 5-240 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-240. Substandard dwellings declared nuisances. All buildings or portions thereof which are determined to be substandard as defined in this Article are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in Sections 5-302, 5-303 and 5-305 through 5-307 or through any other procedure allowed by law or ordinance. SECTION 6. THAT SECTION 5-256 OF THE CODE OF THE CITY OF FORT COLLINS IS HEREBY AMENDED TO READ AS FOLLOWS: SEC. 5-256. ENFORCEMENT. THE DIRECTOR OF BUILDING AND ZONING IS HEREBY AUTHORIZED AND DIRECTED TO ENFORCE ALL OF THE PROVISIONS OF THIS ARTICLE PURSUANT TO SUCH AUTHORITY AS IS GRANTED BY THE CHIEF OF POLICE UNDER SEC. 2- 504(B)(2). FOR SUCH PURPOSES, THE DIRECTOR SHALL HAVE THE POWERS OF A LAW ENFORCEMENT OFFICER. Section 7. That Section 5-257 of the Code of the City of Fort Collins is hereby amended to read as follows: FAILED ON FIRST READING - FEBRUARY 15, 2005 Sec. 5-257. Inspection. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Article or whenever the Director of Building and Zoning has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building or premises unsafe, dangerous or hazardous or any violation of this Article or any other code section, including the Land Use Code and its regulations, the Director may enter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Director by this Article. If such building or premises is occupied, the Director shall first present proper credentials and request entry. If such building or premises is unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the Director shall have recourse to every remedy provided by law to secure entry, including an inspection warrant issued by the Municipal Court or any other court pursuant to Rule 241 of the Colorado Rules of Municipal Court Procedure; PROVIDED, HOWEVER, THAT UPON EXECUTION OF SUCH A WARRANT, THE DIRECTOR SHALL BE ACCOMPANIED BY A UNIFORMED CITY POLICE OFFICER . (b) When the Director of Building and Zoning shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Director for the purpose of inspection and examination pursuant to this Article. Such knowing failure to permit entry upon request pursuant to a proper inspection warrant is a misdemeanor punishable by the provisions of § 1-15. Section 8. That Section 5-258(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-258. Maintenance of premises; compliance with codes. (a) Every owner remains liable for violations of duties imposed by this Article even though an obligation is imposed on the occupants of the building and even though the owner has by agreement imposed on the occupant the duty of furnishing required equipment or of complying with this Article. Nothing herein shall be construed as limiting or interfering with in any way, the right of any persons to establish by written contract specific responsibilities of owners, property managers and occupants for the purpose of leasing or renting non-owner-occupied housing. Every owner or agent, in addition to being responsible for maintaining the building in a sound structural condition, shall be responsible for keeping that part of the FAILED ON FIRST READING - FEBRUARY 15, 2005 building or premises which the owner occupies or controls in a safe condition including the shared or public areas in a building containing two (2) or more dwelling units. Section 9. That a new Section 5-263 is hereby added to the Code of the City of Fort Collins and reads in its entirety as follows: Sec. 5-263. Rental registration required. After August 1, 2005, no owner or property manager shall offer to rent, rent or continue to rent ANY PERSON WHO OFFERS TO RENT, RENTS, OR CONTINUES TO RENT a rental dwelling unit without first MUST REGISTERregistering the rental dwelling unit pursuant to this section. (1) Registry maintained by building department. A registry of RENTAL DWELLING UNITS CONTAINING THE INFORMATION REQUIRED IN THIS SECTION owners and premises shall be maintained by the DIRECTOR OF BUILDING AND ZONINGbuilding department. (2) Registration of RENTAL DWELLING UNITS AND owners. No later than July 31, 2005, the owners of all rental dwelling units shall register, for each rental dwelling unit owned by them, their names, date of birth, the street address of the rental dwelling unit, the mailing address and phone number of the owner, AND the location of the dwelling(s). and the number of dwelling units or rooming units offered to let. Owners of properties which are rented but owner-occupied shall also register their properties. (3) Registration of property managerS and local agentS. If a rental property is required to be registered under this chapter, and the owner and/or property manager is not a natural person or is not domiciled within a ten (10) mile radius of the Fort Collins Urban Growth Area, then the owner shall appoint a natural person who resides or has an office regularly used for the transaction of business or performance of a particular service, physically located within a ten (10) mile radius of the Fort Collins Urban Growth Area to serve as the local agent authorized by the owner to receive service of notices and process on behalf of the owner. The manager/agent's name, date of birth and the street address and mailing address of the manager/agent shall be placed with the name of the owner in the registry. (4) Registration information changes. Any change in mailing address or phone number of an owner, property manager or agent, and any change in the number of units offered, shall be provided to the city by said owner, manager or agent within thirty (30) days of such change. A late fee of twenty-five dollars ($25.) per unit shall be paid for any registration or update which is not completed within thirty (30) days of said change. FAILED ON FIRST READING - FEBRUARY 15, 2005 (5) Failure to register, renew registration or update registration. If the building and zoning director has reason to believe that an owner or manager or agent has failed to register, renew or update the registration of a rental dwelling unit as required by this Section, he or she shall mail a written notice to the owner or managing agent, setting a seven (7) day deadline to register, renew or update registration of the rental dwelling unit. It shall be a violation of this article to fail to register a rental dwelling unit before the deadline expires. Such knowing failure to register, renew or update registration after the seven (7) day deadline is a misdemeanor punishable by the provisions of § Section 1-15. (6) Registration term, fees. The registration of a rental dwelling unit shall be valid for two years or until change of ownership of the unit, whichever first occurs. Registration fees shall be assessed per rental dwelling unit. The amount of the registration fee for new and renewal registrations, not to exceed the cost of administering and enforcing this Article, shall be set by the City Manager pursuant to § 7.5 of the City Code. (7) Records required; lease addendum. The owner of property, manager of every rental dwelling unit in the City, or their agent, must provide all tenants occupying said unit with a completed lease addendum, and all brochures attached thereto, in the form prescribed by the Director of Building and Zoning and the person providing the same shall so indicate on the registration form. Said lease addendum must be kept by the owner, property manager and agent and be produced for inspection upon the city's request. (8) Exemptions. The registration requirements in this section shall not apply to rental dwelling units owned by the Housing Authority of Fort Collins or properties that are inspected annually for compliance with the requirements of the United States Department of Housing and Urban Development, hospitals, nursing homes, group homes or other rental dwelling units used for human habitation which offer or provide medical or nursing services, hotel units, dormitories or one or two family dwelling units occupied by the seller under a rental agreement for a period of less than ninety (90) days following closing, or to dwelling units under a lease w/option to purchase or other conditional sale agreement provided that SUCH AGREEMENT REQUIRES THAT legal or equitable ownership, IN ITS ENTIRETY, MUST BE is transferred, IF AT ALL, in its entirety within ninety (90) days of the execution of the conditional sales agreement. Section 10. That a new Section 5-264 is hereby added to the Code of the City of Fort Collins and reads in its entirety as follows: FAILED ON FIRST READING - FEBRUARY 15, 2005 Sec. 5-264. Effect of license issuance. The registration of a rental dwelling shall not change the legal status of a rental dwelling, including, but not limited to: (1) legalizing an illegally created dwelling unit, use, or other circumstance, nor (2) recognizing a nonconforming use, structure, or other nonconformity. Section 11. That a new Section 5-265 is hereby added to the Code of the City of Fort Collins and reads in its entirety as follows: Sec. 5-265. Responsibilities of owner. An owner of a premises remains liable for violations of this Article even though an occupant or manager of those premises is responsible for the premises and regardless of any agreement between the owner and another that imposes or attempts to delegate responsibility for the premises to the other. Introduced and considered favorably on first reading and ordered published this 1st day of February, A.D. 2005, and to be presented for final passage on the 15th day of February, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of February, A.D. 2005. Mayor ATTEST: City Clerk