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HomeMy WebLinkAbout124 - 11/15/2005 - AMENDING CHAPTER 5, ARTICLE VI OF THE CITY CODE RELATING TO RENTAL HOUSING ORDINANCE NO. 124, 2005 OF THE COUNCIL OF THE CYIT OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE VI OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO RENTAL HOUSING WHEREAS, residential rental housing in the City can be subject to overcrowding and structural deterioration and neglect,which conditions can lead to a decline in neighborhood quality of life, neighborhood appearance and the value of real property in the City; and WHEREAS, such residential rental housing can, without proper attention by landlords, property managers and tenants, also become unsafe, a public nuisance and/or unfit for human habitation; and WHEREAS, the Rental Housing Standards contained in Chapter 5, Article IV, Division 2 of the City Code set forth minimum standards of habitability for rental properties; and WHEREAS, the City Council desires to update those minimum standards to reflect more current requirements; and WHEREAS, changes to the Rental Housing Standards are also necessary to eliminate the current exemption of owner-occupied rentals from the requirements of the Code; and WHEREAS, additional provisions should be added to the Rental Housing Standards regarding the issuance and revocation of certificates of occupancy for boarding and rooming houses so as to facilitate the provision of additional dwelling units in the City that can safely,lawfully and appropriately accommodate occupancies in rentals higher than the limits set forth in the Land Use Code; and WHEREAS, requiring disclosure regarding the maximum occupancy limit of any single- family and two-family dwelling units and requiring the posting of any certificates of occupancy for boarding houses that allow occupancy in excess of the occupancy limits set forth in the Land Use Code will provide notice to renters and potential investors of the occupancy limits for each dwelling unit; and WHEREAS, requiring open books and records of rental properties, including lease information, is necessary for the effective investigation and enforcement of the City's occupancy regulations as well as its Rental Housing Standards; and WHEREAS, a civil penalty of up to $1000 will serve as a sufficient deterrent and consequence in enforcing applicable occupancy limits in rentals; and WHEREAS, Council believes that property owners, managers and occupants should all be responsible for ensuring that occupancy of a rental unit is within lawful limits; and WHEREAS, Council desires to make the foregoing amendments to the City Code in the interest of the health, safety and welfare of tenants, the City's neighborhoods and the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the title and caption of Chapter 5,Article VI,Division 2 of the City Code are hereby amended to read as follows: DIVISION 2. RENTAL HOUSING STANDARDS Subdivision A. Generally Section. 2. That Section 5-236 of the Code of the City of Fort Collins is hereby amended to read as follows: Building Official shall mean the the duly appointed Director of the Department of Neighborhood and Building Services or authorized representative. City Building Code(s)shall mean the applicable building and construction-trades technical code(s)currently in effect as enacted by the city,including the City Electric Code, City Fuel-gas Code, City General Building Code, City Mechanical Code, City Plumbing Code and the City Residential Building Code. City Electric Code shall mean the applicable technical code currently in effect as enacted by the State,regulating the installation of electric wiring methods,repairs, fixtures, and related equipment. City Fuel-gas Code shall mean the applicable technical code currently in effect as enacted by the city, regulating the installation, repair, replacement of fuel-gas heating appliances and related equipment. City General Building Code shall mean the applicable technical construction code currently in effect as enacted by the city, regulating the construction, repair, alteration, location of all buildings other than Group R-3 detached single- and two- family residences, attached townhouses and related accessory buildings. City Mechanical Code shall mean the applicable technical code currently in effect as enacted by the city, regulating the installation, repair, replacement of heating, cooling, ventilation equipment and related systems and components. City Plumbing Code shall mean the applicable technical code currently in effect as enacted by the State, regulating the installation, repair, design, replacement of potable water piping, building waste drainage and venting systems. 2 City Residential Building Code shall mean the applicable technical construction code currently in effect as enacted by the city,regulating the complete construction, repair, alteration, location of all buildings classified as Group R-3 detached single- and two-family residences, attached townhouses and related accessory buildings. Nuisance shall mean any conduct or condition in or upon rental housing that is declared to be a public nuisance under any provision of the Code, or any of the following: (1) any attractive nuisance which may prove detrimental to children,whether in a building, on the premises of a building or on an unoccupied lot, including but not limited to any abandoned wells, shafts, basements or excavations, abandoned refrigerators and motor vehicles, or any structurally unsound fences or structures or any lumber, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors; (2) whatever is dangerous to human life or is detrimental to the public health as determined by the Health Officer; (3) insufficient ventilation or illumination; (4) inadequate or unsanitary sewage or plumbing facilities; (5) uncleanliness, as determined by the Health Officer; (6) whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the Health Officer. (7) a structure or related equipment found by the Building Official to be unsafe, or a structure found unfit for human occupancy, or found unlawful, such that it is deemed to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that partial or complete collapse is possible. (8) electrical wiring or wiring device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 3 (9) a structure unfit for human occupancy whenever the Building Official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Article, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. (10) rental housing that is found in whole or in part to be erected, altered or occupied contrary to law. Owner shall mean any person whose name appears on the tax bill for the property or who, alone or jointly or severally with others, has legal title to any dwelling or dwelling unit, with or without actual possession thereof, or 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 holds only a security interest or easement on the real property upon which the dwelling or dwelling unit is situated. Property manager shall mean any person, group of persons, company, firm or corporation charged with the care and control of rental housing as defined below who performs services with respect to such rental housing under a contract with the owner thereof or who otherwise acts as representative of an owner with respect to such rental housing. Rental dwelling unit shall mean one(1)or more rooms occupied or intended to be occupied as a unit exclusively for residential purposes that is leased, rented, or sublet for compensation(including money or services or the sharing of expenses)and that is located in a boarding house or a single-family, two-family or multi-family dwelling. Rental housing shall mean any building or mobile home or portion thereof, including the lot,tract or parcel of land on which the same is located,containing any dwelling unit,or guest roomwhich is leased,rented or sublet to a family or person(s) for compensation(including money or services and includes the sharing of expenses). Section. 3. That Section 5-237 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-237. Purpose. This Article is necessary to protect the public health, safety and welfare of the people of the city by establishing minimum standards governing the facilities, 4 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 by regulating and controlling the use and occupancy, location and maintenance of all rental housing within the city. Section.4. That Section 5-238 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-238. Applicability. The provisions of this Article shall apply to all rental housing. All rental housing shall also conform to the applicable city Land Use Code and city Building Codes currently in effect, except as follows: (1) legal uses that were permitted at the time of their creation or that became legal non-conforming uses as a result of subsequent changes to the Land Use Code; and (2) rental housing that was legally constructed under the building construction codes enacted by the city at the time of their construction and which rental housing conforms to the provisions set forth in this Article. Section 5. That Section 5-256 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 authority; rules and procedures. The Building Official is hereby authorized and directed to enforce all of the provisions of this Article. For such purposes, the Building Official shall have the authority to adopt and promulgate administrative rules and procedures consistent with the provisions of this Article; to interpret and implement the provisions of this Article; to secure the intent thereof; to enforce all provisions of this article pursuant to the authority granted by the Chief of Police under§ 2-504(b)(2) and to designate 5 requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this Article,or of violating accepted engineering methods involving public safety. Section 7. That Section 5-257 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-257. Inspection. (a) Whenever necessary to make an inspection to enforce any of the provisions of this Article or any other section of the Code or Land Use Code or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or violation which makes such building orpremises unsafe,dangerous orhazardous,the Building Official mayenter such building or premises at all reasonable times to inspect it or to perform any duty imposed upon the Building Official by this Article. If such building or premises is occupied, the Building Official shall first present proper credentials and request entry. If such building or premises is unoccupied, the Building Official 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 Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Building Official shall have first obtained an 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 Building Official for the purpose of inspection and examination pursuant to this Article. Any such failure to permit entry upon request pursuant to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in § 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 or property manager 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- 6 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 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 Section 5-259 of the Code of the City of Fort Collins is hereby amended to read as follows: Except as otherwise provided for civil infractions in§19-36,et seq.,and in order to provide for final interpretation of the provisions of this Article and to hear appeals provided for hereunder, the Building Review Board as established in §2-117 shall serve in such capacity within the procedures outlined therein. Section 10. That the Code of the City of Fort Collins is hereby amended by the addition of new Sections 5-263, 5-264, 5-265 and 5-266, which shall read in their entirety as follows: Sec.5-263. Certificate required for occupancy of dwelling units contained in single-family or two-family dwellings in excess of limit; conditions, revocation or suspension. (a) No dwelling unit contained in a single-family or two-family dwelling shall be occupied by more persons than the number of persons permitted under Section 3.8.16 of the Land Use Code unless a certificate of occupancy for a boarding house has been issued for such dwelling by the Building Official. (b) Terms and conditions imposed upon a certificate of occupancy as a boarding house may include, but are not limited to, compliance with all state laws, city ordinances, rules and regulations, and court or administrative orders. (c) In determining whether to revoke or suspend a previously issued certificate of occupancy,the Building Official may consider any history or pattern of Code violations related to the use of the property, or any failure on the part of the applicant or the applicant's property manager or tenants to abate or correct violations at the property as ordered by an enforcement official, referee, or judge. Sec. 5-264. Posting; inspection of books and records; disclosure. (a) Any certificate of occupancy for a boarding or rooming house specifying the number of allowable tenants must be posted on the back of the front door of the dwelling. (b) Whenever reasonable cause exists to believe that a violation of the Code or Land Use Code has occurred at any rental dwelling unit, the owner and property manager, if any, of said unit shall,upon request,make available to the city all lease, 7 rental payment and tenant information pertaining to the unit,together with the written disclosure statement required by subsection (c) below. (c) Any person selling or leasing a dwelling unit shall,upon execution of any deed, contract for purchase and sale, or lease pertaining to such unit, provide all purchasers,lessees or sublessees of such unit with a written disclosure statement,on a form provided by the city and signed by all parties to the transaction,specifying the maximum permissible occupancy of such unit under Section 3.8.16 of the Land Use Code. In the case of a lease, said form shall be attached to an original of the lease agreement and shall be retained by the owner of the unit and the property manager, if any, for the duration of the lease term for the unit. See. 5-265. Violation; minimum penalties. An owner,property manager,or occupant commits a civil infraction by violating any provision of Section 5-263 through 5-264. A finding that such civil infraction exists shall subject the offender(s) to any or all of the following actions: (1) the imposition of a civil penalty of not more than one thousand dollars ($1000.) for each violation, with each day during which the violation occurs constituting a separate violation; (2) an order to comply with any conditions reasonably calculated to ensure compliance with the provisions of this title or any approval or certificate granted under this title; (3) injunction or abatement proceedings; (4) revocation or suspension of any permit or certificate issued by the City with respect to the dwelling. Sec. 5-266. 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. 8 Introduced and considered favorably on first reading and ordered published in summary form this 18th day of October, A.D. 2005, and to be presented final passage on the 5th day of November, A.D. 2005. Mayo ATTEST: City Clerk Passed and adopted on final reading this 15th day vember, A.D. 2005. Mayor ATTEST: City Clerk 9