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HomeMy WebLinkAbout109 - 10/21/2008 - AMENDING CHAPTER 5, ARTICLE VI, DIVISION 5, OF THE CITY CODE RELATING TO SUPPLEMENTAL RENTAL HOUSING ORDINANCE NO. 109, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5, ARTICLE VI, DIVISION 5, OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO SUPPLEMENTAL RENTAL HOUSING PROVISIONS WHEREAS,the City is adopting amodel code,the International Property Maintenance Code (IPMC),in Section 5-46 of the City Code,with local amendments in Section 5-47 thereof,to replace the Dangerous Building Code and address issues of building and premises standards,maintenance, and enforcement procedures; and WHEREAS, the provisions of the City Building Codes, including the IPMC, as amended, apply to all buildings, including rental housing; and WHEREAS, much of what has been included in the current Rental Housing Standards contained in Chapter 5,Article VI of the City Code is adequately covered in the City Building Codes as adopted and amended and those provisions in Chapter 5, Article VI that are duplicative should be repealed; and WHEREAS,there are certain rental housing provisions in Chapter 5,Article VI dealing with remodels, conversions, certificates of occupancy, posting and inspection of records that are not contained in the adopted and amended City Building Codes, and the City Council desires to retain those provisions to supplement the City Building Codes; and WHEREAS, the City Council finds that the amendments proposed below protect and promote the health, safety and welfare of the public and the citizens of the City of Fort collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 5, Article VI, Division 5 of the Code of the City of Fort Collins is hereby amended and revised in the following respects: Section 1. 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 expressly stated herein and as follows: Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter;the singular number includes the plural and the plural,the singular. Where terms are not defined in this Division and are defined in the City Code, Land Use Code, the International Building Code, International Fire Code, Land Use Code, International Plumbing Code, International Mechanical Code or the ICC Electrical Code,such terms shall have the meanings ascribed to them as stated in those codes. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.Whenever the words"dwelling unit," "dwelling,""premises,""building,""rooming house,""rooming unit'"housekeeping unit" or"story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof" 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 room which is leased,rented or sublet to a family or person(s) for compensation (including money or services, and the sharing of expenses). Section 2. That Section 5-237 of the Code of the City of Fort Collins is hereby amended to read as follows: See. 5-237. Purpose. This Article supplements the provisions contained in the adopted City Building Codes, including the IPMC and is necessary to protect the public health, safety and welfare of the people of the City by regulating and controlling the use and occupancy, location and maintenance of all rental housing within the City. -2- Section 3. That Section 5-238 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-238. Applicability. (a) In General. 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, including the IPMC, as adopted and amended in Section 5-46 and 47. Section 4. That Section 5-239 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-239. Compliance required. (a) It shall be unlawful for any person to erect, construct, enlarge, alter, repair,move,improve,remove,convert or demolish,equip,use,occupy or maintain any building or structure or cause or permit the occupancy of said building or structure in violation of this Chapter. 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. Dwelling condition. Any rental housing, the associated premises, and any equipment thereon or portion thereof determined to be substandard, dangerous, or unfit for occupancy pursuant to the IPMC as adopted and amended in§§ 5-46 and 5-47 of this Chapter shall be abated by repair, rehabilitation, vacation, demolition or removal in accordance with the procedure specified in §§ 5-46 and 5-47, or through any other procedure allowed by law or ordinance. Section 6. That Section 5-257 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-257. Inspection. Inspection of rental housing shall be pursuant to the provisions of 104 of the IPMC as adopted and amended in Section 5-46 and 5-47. Section 7. That Section 5-258 of the Code of the City of Fort Collins is hereby amended to read as follows: -3- Sec. 5-257. Maintenance of premises; compliance with codes. Liability and responsibility for maintenance of premises and compliance with codes shall be pursuant to the provisions of Section 107 of the IPMC as adopted and amended in Section 5-46 and 5-47. Section 8. That Section 5-259 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-258. Appeals. (a) General. Except for violations of §§5-263 and 5-264 which are governed by the provisions 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 and as set forth in §§5-46 and 5-47. Section 9. That Section 5-260 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-259. Permits required . It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove,convert or demolish any building or structure regulated by this Article without first obtaining a separate permit for each building or structure from the Building Official in the manner and according to the applicable conditions prescribed in the City Building Codes. Section 10. That Section 5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 5-260 which reads in its entirety as follows: Sec. 5-260. Certificate of occupancy required. It shall be unlawful for any person to rent or offer to rent all or any portion of any building containing two(2)or more dwelling units without having first obtained a certificate of occupancy for each dwelling unit therein. Section 11. That Section 5-262 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-262. Inspection of construction or conversion. All buildings or structures within the scope of this Article and all construction or work for which a permit is required shall be subject to inspection by the Building -4- Official in accordance with and in the manner provided by this Article and the City Building Codes. Section 12. That Section 5-263 of the Code of the City of Fort Collins is hereby amended to read 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 ofthe Land Use Code unless a certificate of occupancy for an extra-occupancy rental house (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. Section 13. That Section 5-265 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 5-265. Violation; minimum penalties. For violations other than those committed as a result of any building, structure, equipment, or premises being found by the Building Official to be substandard,dangerous,unfit for human occupancy, which violations and penalties are set forth in the IPMC as adopted and amended in §§5-46 and 5-47, an owner, property manager or occupant who violates § 5-263 and 5-264 commits a civil infraction and is subject to the provisions contained in § 1-15. In addition, the building official may revoke or suspend any permit or certificate issued by the city with respect to the dwelling. Section 14. That Section 5-266 of the Code of the City of Fort Collins is hereby amended to read as follows: -5- Sec. 5-266. Responsibilities of owner. Responsibility of owners shall be as described in the provisions contained in Section 107 of the IPMC, as amended and adopted in Sections 5-46 and 5-47. Section 15. That Section 5 of the Code of the City of Fort Collins is hereby amended by the addition of a new Section 5-275 which reads in its entirety as follows: Section 5-275 Minimum Standards The minimum standards for rental housing shall be pursuant to the provisions of the IPMC as adopted and amended in Sections 5-46 and 5-47. Section 16. That Section 5-276 through Section 5-314 of the Code of the City of Fort Collins are hereby deleted in its entirety. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 2008, and to be presented for final passage on the t day of October, A.D. 2008. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading on the 21 st day ober, A.D. 2008. Ma or ATTEST: City Clerk -6-