Kim Long These documents were submitted during the 2°d Citizen Comments Section at the Council
Meeting on January 7, 2019 by Kin Long for distribution to all Council inembers
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RES�IDENTIAL RENTAL INSPECTtON `�'�°% ��
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CodeEnforcement@cityofedgewater.org ,,,�ti�
RENTAL HOUSING INSPECTION CHECKLIST
Address of Inspection: Unit No.:
Property Owner/Representative:
Date of Inspection: Time:
Code Enforcement Officer:
Code Section Items to be Insqected Violation Found
EXTERIOR PROPERTY AREAS
IPMC 302.1 Sanitation. All exterior property and premises are
' maintained in a clean, safe and sanitary condition.
,
IPMC 302.3 Sidewalks, driveways. Sidewalks, walkways, stairs
� driveways, parking spaces and similar areas are kept
' in proper state of repair and are maintained free from
i
� hazardous conditions.
� IPMC 302.4 Weeds. Premises and exterior property are maintained
� free from vines, weeds and plant growth in excess of
� 12 inches.
�
i
IPMC 302.5 Rodent harborage. Structures and exterior property
� are kept free from rodent harborage and infestation.
�
; IPMC 302.7 Accessory structures. Accessory structures, including
� detached garages, fences and walls are maintained
� structurally sound and in good repair.
�
� IPMC 302.8 Motor Vehicles. Inoperative or unlicensed vehicles
� shall not be parked, kept or stored on premises nor
shall they be in a state of disassembly or disrepair.
� Painting vehicles is prohibited unless inside approved
spray booth.
' � EXTERIOR CONDITIONS
g IPMC 304.1 General. The exterior of the structure(s) is
� �-"''� maintained in good repair, is structurally sound and
� sanitary and does not pose a threat to the public
� health, safety or welfare.
�
Page 1 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section Items to be Inspected Violation Found
IPMC 304.2 Protective treatment. All exterior surFaces shall be
maintained in good condition. Exterior wood surFaces
(other than decay-resistant woods) are protected
by painting or other protective covering or
treatment. Peeling, flaking, chipped paint will be
eliminated and repainted. Joints, doors and skylights
will be kept weather resistant and water tight. Rust and
other corrosion will be stabilized and coated.
IPMC 304.3 Premised identification. Buildings will have approved
address numbers, three (3) inches or taller in height and
plainly visible from street or road fronting the property.
IPMC 304.4 Structural members. Structural members will be
maintained free from deterioration and be capable of
safely supporting imposed dead and live loads.
IPMC 304.5 Foundation walls. Foundation walls are maintained
plumb and free from open cracks and breaks and
kept in such conditions so as to prevent the entry of
rodents and other pests.
IPMC 304.6 Exterior walls. Exterior walls will be free from holes,
breaks and loose or rotting materials; and maintained
weatherproof and surFace coated where required to
prevent deterioration.
IPMC 304.7 Roofs and drainage. Roof and flashing will be sound,
tight and not have defects that admit rain. Roof
drainage will be adequate to prevent dampness or
deterioration in walls or interior portion of structure.
Drains, gutters, downspouts are maintained in good
repair and free from obstruction. Roof water will not
be discharged in a manner that creates a nuisance.
IPMC 304.10 Stairways, decks, porches and balconies. Exterior
stairways, decks, porches and balconies and attached
appurtenances are maintained structurally sound, in
good repair, properly anchored and able to support the
imposed loads.
IPMC 304.12 Handrails and guards. Every handrail and guard will be
firmly fastened and capable of supporting normally imposed
loads and will be maintained in good condition.
Page 2 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section tt�ms to be Ins ected Violation Found
IPMC 304.13 Window, skylight and door frames. Every window,
skylight, door and frame will be kept in good repair,
sound condition and weather tight.
304.13.1 Glazing. All glazing material are kept
free from cracks and holes.
304.13.2 Opening windows. Every window
other than a fixed window will be
easily openable and able to be held
in position by window hardware.
IPMC 304.14 Insect screens. Year-round every door, window and other
openings required for ventilation of habitable rooms, food
preparation or service areas shall be supplied with tightly
fitted screens.
IPMC 304.15 Doors. Exterior doors, door assemblies and hardware are
maintained in good condition. Locks at entrances to dwelling
and sleeping units must tightly secure the lock. Locks on
means of egress doors must comply with 1PMC section 702.3.
IPMC 304.18 Building Security. Doors, windows or hatchways for
dwelling units, room units or housekeeping units must be
equipped with devices designed to provide security of
occupants and property within.
304.18.1 Doors. Doors providing access to a
rented/leased dwefling, room or housekeeping
unit must be equipped with a deadbolt lock
designed to be readily openable from the egress
side without need for keys, special knowledge or
effort. A sliding bolt is not considered an
acceptable dead bolt.
304.182 Windows. Window sash locking devices
must be provided on operable windows located
6 feet above ground level or walking surface
below that provides access to a rented/leased
dwelling, room or housekeeping unit.
INTERIOR STRUCTURE
IPMC 305.1 General. The interior of the structure and the equipment
therein is maintained in good repair, is strucfurally sound
and in a sanitary condition.
Page 3 of 10
Code of Ordinance Section 11-9.1(Accommodations for rent-Residential)
Code Section items to be Ins ected Violation Found
IPMC 3052 Structural members. Structural members are maintained
structural(y sound and are capable of supporting the
impased loads.
IPMC 305.3 interior surfaces. Interior surfaces in good, clean and
sanitary condition with no holes or water damage.
IPMC 305.4 Stairs and walking surfaces. Stairs, ramps, landings
porches, decks or other walking surfaces maintained
in sound condition and good repair.
IPMC 305.5 Handrails and guards. Handrails and guards are firmly
fastened, maintained in good condition and capable of
supporting normally imposed loads.
IPMC 305.6 Interior doors. Every interior door shall fit reasonably well
within its frame and shall be capable of being opened and
closed by being properly and securely attached fo jambs,
headers, or tracks as intended by the manufacturer.
HANDRAILS AND GUARDRAILS
IPMC 306.1 General. Flights of stairs having more than four risers will
have a handrail on one side of the stair, firmly fastened and
installed at required heights and locations. Handrails shall
not be less than 30 inches high or more than 42 inches high
measured vertically above nosing of the tread or above the
finished floor of the landing or walking surface.
RUBBISH AND GARBAGE
IPMC 307.1 Accumulation of rubbish or garbage. {nterior and exterior
are free from any accumulation of rubbish or garbage.
IPMC 307.3 Disposaf of garbage. Occupants will dispose of garbage
in a clean and sanitary manner by placing in approved
facility or container.
307.3.1 Garbage facilities. Owners will provide either a
mechanical food waste grinder, incinerator or
approved leak-proofi, covered, outside garbage
container.
EXTERMINATION
IPMC 308.1 Infestation. Afl structures will be kept free from insect and
rodent infestation.
Page 4 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section items to be Inspected Violation Found
IPMC 308.2 Owner. The owner of any structure shall be responsible
for extermination prior to renting/leasing structure.
IPMC 308.3 Single occupant. The occupant of one-family dwelling or
of a single-tenant non-residential structure is responsible
for premises extermination.
LIGHT,VENTILATION AND OCCUPANY LIMITATIONS
LIGHT
IPMC 402.1 Habitable spaces. At least one window facing directly
to the outside_ Min. glazed area of 8% of floor area.
VENTILATION
IPMC 403.1 Habitable spaces. At least one openable window.
Openable area equal to at least 45% of minimum
glazed area.
IPMC 403.2 Bathrooms and toilet rooms. Must meet requirements
of IPMC section 403.1 or be equipped with mechanicai
- ventilation system.
IPMC 403.4 Appliance hood. Must be operational and in sanitary
condition.
IPMC 403.5 Clothes dryer exhaust. Must be independent of all
other systems and exhaust to the outside.
OCCUPANCY LIMITATIONS
IPMC 404.2 Minimum room width. Habitable rooms(except
kitchens�will be no less than 7 feet in any plan
dimensions; kitchens require 36"clear space
between counter fronts and appliances or
counter fronts and walls.
IPMC 404.3 Minimum ceiling heights. Habitable spaces require
clear ceiling height of not less than 7 feet.
IPMC 404.4 Bedroom and living room requirements. Must comply
With IPMC sections 404.4.1 through 404.4.5 as follows:
404.4.1 Room area. Every living room must contain at
least 120 square feet and every bedroom must contain
at least 70 square feet.
Page 5 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section ltems to be Ins ected Violation Found
�04_4.2 Access from bedrooms. Bedrooms must not be
the only means of access to other bedrooms or habitable
space and must not be the only means of egress from
other habitable spaces.
404.4.3 Water closet accessibility. Every bedroom must
have access to at least one water closet and one lavatory
without passing through another bedroom.
404.4.4 Prohibited occupancy. Kitchens and non-habitable
spaces must not be used for sleeping purposes.
IPMC 404.5 Overcrowding. The number of persons occupying a dwelling
until shall not create conditions that, in the opinion of the code
officer, endanger the life, health, safety or welfare of the
occupants.
PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
REQUIRED FACILITES
IPMC 502.1 Dwelling units. Dwelling units must contain their own shower
or bathtub, lavafory, water closet and kitchen sink and must
be maintained in a sanifary, safe working condition.
TOILET ROOMS
IPMC 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy
and shall not constitute the only passageway to a hall or
other space, or to the exterior. A door and interior locking
device shall be provided for all common or shared bathrooms
and toilet rooms in a multiple dwelling.
IPMC 503.4 Floor surface. Maintained to be a smooth, hard and
nonabsorbent surface and kept in a clean and sanitary
condition. (No carpet)
PLUMBING SYSTEMS AND FIXTURES
IPMC 504.1 General. Properly installed and maintained in good working
conditian; free from obstruction, no leak or defects and in
a safe, sanitary and functional condition.
WATER SYSTEM
IPMC 505,1 General. All fixtures properly connected to either a public or
approved private water; hot or tempered and cold running
water and sufficient volume.
Page 6 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section Items to be Ins ected
Violat'on Found
IPMC 5052 Hose bibs shall be protected b an a
y pproved permanently
attached hose connection vacuum breaker.
IPMC 505.3 Supply. Installed and maintained to supply sufficient volume
and adequate pressure; free from defects and leaks.
IPMC 505.4 Water heater facilities. Water heating facilities shall be
properly installed, maintained and capable of providing an
adequate amount of water to be drawn at every required
sink, lavatory, bathtub, shower and laundry facility at a
temperature of not less.than 110°F. A gas-burning water
heater shall not be located in any bathroom, toilet room,
bedroom or other occupied room normally kept closed,
unless adequate combustion air is provided. An approved
comb�nation temperature and pressure-relief valve and
relief valve discharge pipe shall be properly installed and
maintained on water heaters.
SAfVITARY DRIANAGE SYSTEM
IPMC 506.1 General. All plumbing fixtures properly connected to
either a public sewer or approved private sewage
disposal system.
i
1PMC 506.2 Maintenance. Plumbing stack, vents, waste and sewer
lines functioning properly and free from obstructions, leaks
and defects.
MECHANICAL AND ELECTRICAL REQUIREMENTS
HEATING FACILITIES
IPMC 602_1 Facilities required. Permanently installed heating facilities
shall be provided in structures.
MECHANICAL EQUIPMENT
IPMC 603.1 Mechanical appliances. All mechanical appliances,
fireplaces, solid fuel-burning appliances, cooking
appliances and water heating appliances shall be properly
installed and maintained in a safe working condition, and
shall be capable of performing the intended function.
IPMC 603.2 Remove combustion products. All fuel-burning equipment
and appliances connected to approved chimney or vent.
Page 7 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section Iterns to be Ins ected Violation Found
ELECTRICAL FACILITIES
IPMC 604.2 Service. Size and usage of appliances and equipment is
basis for determining need for additional facilities in
accordance with code. Dwelling units served by three-wire,
120/140 volt single phase electrical service with rating not
less than 60 amperes.
IPMC 604.3 Electrical system hazards. If electrical system constifutes
hazard to occupants or structure due to inadequate service,
improper fusing, insuffcient receptacle/lighting outlets,
improper wiring or installation, deterioration or damage or
similar reasons, official shall require the defects corrected
to eliminate the hazard.
ELECTRICAL EQUIPMENT
IPMC 605.1 Installation. All electrical equipment, wiring and appliances
shall be properly installed and maintained in safe and
approved manner.
IPMC 605.2 Receptacles. Habitable space in dwelling contains at least
two separate and remote receptacle outfets. Laundry areas
contain at least one grounded-type receptacle or receptacle
with ground fault circuit interrupter. Each bathroom contains
at least one receptacle. Any new bathroom receptacle has
ground fault circuit interrupter protection.
N.E.C. 210.8 & All bathrooms, kitchen counter areas (12 inches or wider)
210.52 exterior and garage receptacles shall be GFCI protected.
IPCM 605.3 Luminaires. Public halls, interior stairways, toilet rooms,
kitchens, bathrooms, laundry rooms, boiler rooms and
furnace rooms contain at least one electric luminaire.
DUCT SYSTEMS
IPMC 607.1 General. Duct systems maintained free of obstructions and
capable of performing the required function.
Page S of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Code Section Items to be Inspected Violation Found
FIRE SAFETY REQUIREMENTS
IPMC 704.2 Smoke alarms. Alarms installed and maintained in group R-2,
R-3, R-4, and in dwellings not regulated in Group-R occupancies
regardiess of occupant load at locations:
1. 4n ceiling or wall oufside sleeping area(s) in
immediate vicinity of bedrooms.
2. In each room used for sleeping purposes.
3. In each story within dwelling unit including
basement and cellars. Split levels without
intervening door between adjacent levels, a
smoke alarm on upper level shall suffice.
IPMC 704.3 Power source. In Group-R and dwellings not regulated as
Group-R, single-station smoke alarms receive primary power
from building wiring provsded such wiring has a commercial
source and is equipped with battery backup. Smoke alarms
emit low battery signal. Wiring is permanent.
Exception: Smoke alarms are permitted to be solely battery
operated in buildings where no construction is taking place,
buildings that are not serviced from a commercia(power
source and in existing areas of buildings undergoing alterations
or repairs that do not result in the removaf of interior walls
or ceiling finishes exposing the structure, unless there is
an attic, crawl space or basement available which could
provide access for building wiring without the removal af
interior finishes.
IPMC 704.4 Interconnection. Where multiple smoke alarms are required
in dwelling units in Group R-2, R-3, R-4 and in dwelling units
not regulated as Group-R, smoke alarms interconnect so the
activation of one alarm activates all alarms in the unit.
Exceptions:
1. Interconnection is not required in buildings which
are not undergoing alterations, repairs or construction
of any kind.
2. Smoke alarms in existing areas are not required to
be interconnected where alterations or repairs do not
result in the removal of interior wall or ceiling finishes
exposing the structure, unless there is an attic, crawl
space or basement available which could provide access
for interconnection without the removal of interior finishes.
Page 9 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
Notes:
Signature of Code Officer: Date:
Signature of Owner/Representative:
Date:
Owner/Represenfative Email Address:
Page 10 of 10
Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential)
RESIDENTIAL RENTqL INSpECTION CHECKLIST
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EDGE{,VA'T,Ezq Edgewater,F132132 -`'�E~�R�'-
386_424.2400 EM,2216 � ..�
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rent.�,l�ilcityofedgewater.org f�'Q,���°��`,
Address ofinspection:
��
Praperty Owner/Representative: Unit Number:
Date of Inspection:�_Time:
�__ Code Enforcement Officer:
P F
A A N P F
5 I / A A N
S L A OUTSIDETHEDWEWPIG S I /
� ❑� Is the property properly iden[ified with street num6ers S � A walls Ceilin¢s and Flaors
at least 4 inches tall and easily visible from the ❑ � ❑ Are ihe walls and ceilings properly sealed,free(rom
street?IPMC 304,3 peeling paint and capable of being maintained in a
�❑� Are the premises free from weeds or excessive plant sanitary condition? IPMC 304.2/305.3
growth?Is grass maintained at a height of less than �0❑ Are the tioors structurally sound7 IPMC 305.4
12 inches? IPMC 302.4 Are structural members sound and capable of
� ❑ � Is all rubbish and garbage properly stored and removed supporting imposed loads? IPMC 305.2
an a regular basis7 IPMC302.3 ❑ Q � Are handrails and guardrails firmly fastened and in
� ❑� Is the exterior(siding,brick and/or paint)in good Bood condition?qre the able to support normally
condition7 IPMC 304,1 imposed loads7 IPMC 305.5
❑ � � Are all accessory structures(sheds,garage,(ences etc.) Electrical Svstems
in good contlition f IPMC 304.1 ❑ Q � �oes every habitable room have at least 2 separate
Is the root in good repair with no leaks? IPMC 304.7 Working outletsl IPMC 605.2
� ❑ � Are the gutters and/or downspouts in a good state of � ❑ ❑ Do the ba[hrooms,kitchen,laundry,garage and exterior
repair and directing rainwater away from the areas have ground fault clrcuit Interrupter(GFCI)
struc[ure±IPMC304.7 outle[st IPMC210.8/210.52
�❑ � Are the steps,decks,landings and fire escapes ❑Q ❑ Are all switches,outletr and electric fixtures in good
tunctional and in good condition7 IPMC 304.1 Workfng arder"? IPMc 605.1
❑❑� Do all s[airs wi[h more than 4 risers have a ❑Q ❑ Is there at least one electrlc luminaire in publfc halls,
handrail on one side7 IPMC 306.1 interior stairways,toilet rooms,kitchens,laundry rooms,
� ❑ � Do all balconies,porches o�landings 30 inches or more boiler rooms and turnace rooms? IPMC 605.3
ahove grade have guardrails? IPMC 306.1 8 B e Do overltead lights have proper globe covers in place7
�❑� Is the yard and porch free from junk,trash,and Are electrical panel/clrcuiu properly la6eled7
debris7 IPMC 302,1 Mechaniwl
� ❑ � Is the proper[y free of inoperable,junk or unlicensed ��❑ Does each room including bathrooms have adequate
vehicles7 IPMC302.8 heat? IPMC602.1
� Q � Are the foundation and eXterior walls well maintained e e e pre clothes dryers properly vented� IPMC 403.5
with no cracks,6reaks are plum6 and weatherproof7 Are all merhanical appliances maintained in safe
IPMC304,5/304.6 �✓arkingcanditions?IPMC6D3.1
� ❑ � Are struc[ural members free from deterioration and �� ❑ Are all com6us[ion gdses vented to the outside?
capable ot supporting tleatl antl live loatlsl IPMC 304,4 �PMC 603.2
� � � Do all windows and doors have tigh[ly fitted insect � � ❑ Are appliance hootls in working condition! IPMG 403.4
screens�l IPMC 3n4.14 Plumbfne
INSIDE THE DWELLING ❑� � Do plumbing fixtures have adequate water pressure and
Flre Safetv do they operate properly?IPMC 505.1
� ❑ � Are all smoke detectors hardwired with a battery B 8 B Are supply antl tlrain lines tree oi ieaKst IPMC 505.3
backup DR have a 10 year Iithium sealed tamper proot Are water hea[ers properly installed and maintained and
battery?IPMC 704,3/704.q not less than 110 �ahrenheit7 Are an approved
� � � Are smoke detectors located one in every sleeping �om6ination temperature and pressure valve discharge
area(not including kitchen and hathroomJ IPMC 704,2 P�pe installed? IPMC 505.4
� ❑ � Are handrails and guardrails firmly fastened and Bathroom
maintalned In good condition7 IPMC 304.12 e e e Are all bathroom fixtures working properly? IPM[504_S
� ❑ � Is there a fire extinguisher located inside the uni[? Is the floor easily maintained in a clean,dry condition?
Doors/Wlndows ❑ ❑❑ IPMC503.4
� ❑ � Do the exterior doors have dead6olt locks designed to Is there a door and interior locking device for privacy?
be readlly operable without the need for a key7 �PMG SU3.1
IPMC 304.18/304,18.1/304.18.2 ❑Q � Does each unit have thei�own shower o�bathtub,
� ❑ � Are all windows lockable,weather tight and in good lavatory,water closet?IPMC 502,1
working condition(capable of remaining open without �❑ ❑ �s there an operable window or adequate mechanical
a means ot supportJ7 IpMC 303.5 ventilatlon! IPMC 403.2
� �� Do the requlred operable windows have screens ❑� ❑ Are all structures free from insec[and rodent
without rips,tears or holes?IPMC 304.13 intestation�f IPMC 302.5 -� n
� ❑ � Does every habitable spate have an operable ❑ 0 ❑ Are all inte�ior and exterior premises free from any � 4'
accumulationofrubhishorgarhager 1PMC307,1 ���,
window7 IPMC403.1 ❑ ❑ ❑ ��� /,y .
� � � Are all the exterior doors weather tight ahd in good Are duct systems maintained free of ohstructions and � '-� �
working orderP IPMC 304.15 �pable ot pertorming the required tunction7 IPMC 607.1 '\`4�' �,i�V
� ❑� Are there any broken or badly cracked windows7 A�� Are there too many people otcupying the unitr IPMC 40q.5 ��'��
IPMC 304.13 Is each bedroom accessible independently7 IPMC 404,4,2-�." -���'
� ❑� Do the interior doors fit well and are securely attached Does each bedroom have access to at least one water
to jambs,header or tracks7 IpMC 305.6 closet and one lava[ory without passing through ��
anotherbedroom?IPMCqOq,q,g
� ❑ � Is there up to date contact information on file with the cityl
Notes:
Signature af Code Officer.
Date:
Signature of Owner/Representative:
Date:
Owner/Representative Email Address:
Phane No.:
A re-inspedion,to determine compliante,wlll need to be scheduled on or hefore
/�� f after you have paid the re-inspeetion fee to schedule your re-inspection., Failure to take the wrredion action set forth a6lov emayr su�t�in thQ z16 �"�'
issuanee of a Notice of Violation or Citation,which may include an applicable set civil fine not to exceed$500.00 per day and may result in a hearing
� before the Special Magistrate.Thank you for helping us promote,protect and improve the health,saferyand/orthe economic welfare of the City.
� **it is YOUR responsibility to call and s�hedule the re-inspection before your compliance date•& -
�
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December 1, 2018 --- '�- `
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Re: Residential Rental Inspection Program ��� �
-_.� � ���
���� 1 .�
Dear Residential Rental Property Owner, �
�
����
On September 10, 2018 Edgewater City Council passed Ordinance Sec. 11-9.1
"accommodations for rent-residential". Sec. 11-9.1 will go into effect on January 1, 2019 and
will require all residential rental properties or property owner(s) who rent or lease, in the City
of Edgewater, to have a business tax receipt (Occupational licensej and a certificate of use ��
issued by the City Of Edgewater. After applying for your BTR and CU, the prop re ty owner or
property manager will be contacted, by the City Of Edgewater, to schedule an inspection of the
exterior and interior. The inspection will confirm property is in compliance with the current
edition of the International Property Maintenance code.
The program, while new, is similar to other residential programs throughout Volusia
County. The purpose of the annual rental inspection is to safeguard and preserve housing stock
of decent, safe, and sanitary rental units within the city. It will also protect persons entering or
residing in said dwelling units by providing for a regular and comprehensive system of
inspections. These inspections and/ or owner certifications will identify and require the
correction of substandard conditions per ordinance Sec. 11-9.1 (b), which determines the
properties compliance with the City's Code of Ordinance.
For more information please visit our website at
htt�://www.citvofied�ewater or�Jfire/pa�e/accommodations ren�al residential.
�Z
Here you can find information on: ���'�' �
f��
1. Steps for completing the application process. � �y�
2. Application for required Business Tax Receipt and Certificate of Use. �,,����� �J� f
3. How to schedule an inspection with Code Enforcement. ju� � .� .,
4. As well as, frequently asked questions. ' � �
� � \
�
Sincerely, � ` �,`�`
Bridgette King �� , � �� ,� �
� � �
Finance Director �� �,��
, �� �„�
� �
�� �
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Department of Finance �.
P.O. Box 100 o Edgewater, FL 32132-0100
(386)424-2400 •Fax(386)424-2469
www.cityofedgewater.org
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�o�e enfo�cement is � �ervi�e �r�yided �y the City of Ec1ge��#er ta en��are
compfiance vuith Gity ordinances approved by the City Council. Local ordinances
regulate propeYty maintenance (for example — tall grass and weeds), zoning (for
example — where a certain type of business may be located), fire safety (for
example — how many occupants are allowed in a building) and building codes (for
exarnple — what materials may be used to construct a fence). Local ordinances are
created to promote public health, safety and to safeguard property values. These
local orclinances also inc�rporate some State and nationally recognized reguBations
and standards.
The Code Enforcement division is committed to providing an equitable, expeditious,
�ffective and inexpensive method of enforcing the locaf ordinances approved by
our City Courici . The first priority of Code Enforcement is to,help property owners
aehieve compliance. Anyone who receives a notice from Code En�orcement is
encouraged to contact the department as soon as you are notified.
The City o�f Edgevvater employs two full time Code Enforcement Officers who
provide seven day a week services. The officers spend the majority of�heir days in
th� field respo�ding to c�mp�aints and doin� routine che�ks of various
neighborhoods
Code enforcer�ent is a legal process so it may take time before you see results
after contacting Code Er�forcement about a violation.
The typicaf process of hov�r a code enforcement issue is handled:
� Complair�t received and investigated
� f� possible, officer nnakes con�act with invofved party to affect immediat�
correction
� I� officer is unable to make cor�tact, a courtesy r�atice is left at the iocation
s�t�ations the horne owners �ay ��stroy th� ho�e out of ar�ge�, result�r�g i�r vac�nt
° properties full of clutter, tras6�, at�d even biohaz�rds.
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1 . Why is the program necessary?
The Residential Rental Program is designed to proactively identify blighted,
deteriorated and substandard rental housing stock and to ensure the
rehabilitation or eiiminatian of such housing that does not meet the
international property maintenance code standards. These standards address
not only life, health and safety issues but also the results of deferred or
inadequate maintenance.
2. What defines a property as being a residential rental property?
Residential rental property includes single-family dwellings, duplexes,
apartments, town homes and condominiums which are leased, rented or
occupied by a person or person other than the owner.
3. Who is responsible for registering the property?
The property owner is responsib{e for obtaining a Business Tax Receipt and
Certificate of Use.
4. What are the fees for this program?
The Business Tax Receipt is a ZERO charge. The Certificate of Use is $75.00
for the first year and $65.00 each year after.
5. What if I own rraore than one Residential Property in Edgewater?
You will be required to have one Business Tax Receipt ar�d a Certificate of Use
for each unit you own.
6. How often will a rental unit need to be inspected?
Efforts will be made to inspect all Residential Rental Properties annually.
7. Will my older buildings be forced to comply with today's rr�ore stringent
construction codes?
No, your building is required to be maintained at a level consistent with the
codes of the period in which it was constructed; however, any construction
impravements must comply with the current codes adapted by the State of
Florida and the City of Edgewater.
8. Do all units require smoke detectors?
Yes, smoke detec��r� will be required in each sleeping room, each hallway
adjacent to the s���p�ng rooms and at each floor level.
9. Is the property a►r�►��r required to obtain permits for minor repair work?
Repair work normally requiring permits will stilf require permits; however, many
items usually noted for repairs are exempt from permits. Contact the Building
Department at 386.424.2400 Ext. 1515 for clarification.
10. What if the property owner ignores their required participation in the
program?
The program is an approved part of the City of Edgewater Code of Ordinances
which provides for adequate penalties for noncompliance. Individuals how fail
to file a Business Tax Receipt and Certificate of Use with the City of Edgewater
will be su�ject to a Citation and to a hearing before the Special Magistrate.
This is a mandatory program for all rental properties.
11. How can I schedule an appointment?
Once the Business Tax Receipt is submitted, the property owner or
representative will be contacted to set up the inspection. Inspections will be
done by appointment only. After the property inspection is complete and the
property is in compliance, the property owner will pay for the Certificate of Use.
12. How long does an inspection take?
Each inspection will vary according to the individual property; however, one
should set aside a minimum of one hour for a single family residence. This is
only an average.
13. What preparations should be made involving animals prior to inspections?
All pets should be confined or restrained in such a way as to eliminate any
possibility of attack or escape during the inspection process.
14. Does the inspection take place both inside and outside of the residence?
Yes, the Residential Housing Rental program requires an inspection of both the
interior and exterior of each unit on the property.
15. Where do i submit my application for Business Tax Receipt and Certificate of
Use?
You will submit your applications at City Hall 104 N. Riverside Dr. Edgewater,
FL 32132.
386.424.2400 Ext. 1305.
16. When will inspec��a�s be done?
Inspections wi[! b� performed Monday through Frid�ay, between the hours of 9
a.m. and 4 p.m. by a�pointment only.
17. Is the property owner required to be present during the inspection?
The property owner or their designated representative must be present during
inspections. It is the responsibility of the property owner to inform the tenants
of impending inspections and to provide access.
18. Will tenants be allowed to attend the inspections?
Yes, both tenants and the property owner (or their designated representative)
are encouraged to be present during inspections. Informational exchanges are
critical to the success of the program.
19. Will the property owner receive documentation of the inspection results?
The property owner (or their designated representative} will be furnished a
copy of the inspection report.
20. Will additional fees be required if repairs are determined during the
inspection?
There will be an additional inspection fee that must be prepaid prior to the re-
inspection date.
�1. How rriuch time will be given to the property owner or representative to make
corrections found to be unsatisfactory during the inspection?
The property owner or representative will be given adequate time to correct
violations noted. The time allotted for correction will be at the inspector's
discretion, based on the nature and severity of the violation.
22. Who performs the inspections?
The City of Edgewater Residential Rental Inspector or designee wili perform ali
required residential rental inspections.
up �rtin �curr� ents
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International Property Maintenance code.
103.4.1 legal defense
Any suit or criminal complaint instituted against any officer or
employee because of an act performed by that officer or
employee in the lawful discharge of duties and under the
provisions of this code shall be defended by_the legal
representative of th�urisdiction until the final termination of the
rpoceedings. The code official or any subordinate shall not be
liable for costs in an action, suit or proceeding that is instituted in
pursuance of the provisions of this code.
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Section 111 means of appeal
111.1 any person cited has the right to appeal with the board
11.2 Membership of board
The board of appeals shall consist of not less than three members who are qualified by
experience and training to pass on matters pertaining to property maintenance and who are not
employees of the jurisdiction.The code official shall be an ex0officio member but shall not vote
on any matter before the board.The board shall be appointed by the chief appointing authority,
and shall serve staggered and overlapping terms.
(A) 111.2.1 alternate members
The chief appointing authority shall appoint not less than two alternate members who shall be
called by the board chairman to hear appeals during the absence of disqualification of a
member.Alternate members shall possess the qualifications required for board mambership.
appoint chairman
Disqualification of inember
Secretary disignated by admin officer. File a detailed record of all proceedings
COMPENSATIOfV OF MeMBERS.
COMPENSATION of inembers shall be determined by law.
Appeals shall meet within 20 days of filing of an appeal.\
Must be open to public
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� r ' ORDIIVANCE NO.2018-0-23
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AN ORDINANCE AMENDII�IG Ali�D RESTATAING
CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS
REGULATIONS), ARTIC�,E I (IN GENERAL) IN THIS
ENTIRETY; OF THE CODE OF ORDINANCES, CI'I'Y OF
EDGEWATER, FI�ORIDA; PROVIDING FOR
CONFICTING PatOVISIONS, SEVERABILITY AND
APPL,ICABILITY; PROVIDING FOR CODIFICATIOI�T, AN
EF�ECTIVE DATE AND FOR ADUPTION.
WI3EREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
l. Chapter 11 (Business Tax Receipts and Business Regulations), Article I (In
General) is being atnended and restated in its entirety to reflect the creation of a residential rental
inspection prograin and changes to the Fees/Taxes associated with Business Tax Receipts.
2. Pursuant to Section 205.0535, municipalities may increase the rates of business
taxes by up to five percent (5%) every other year by no less than a majority plus one vote of the
City Council_
3. Business Tax Receipts and associated fees were last increased in 2004.
WFIEREAS, during the May 7, 2018 Ciry Cotincil Meeting, the City Council had
directed staff to draft an ordinance that would implement a Residential Rental Inspection
Program and;
WHEREAS, the purpose of this Residential Rental Inspection Program would be to
safeguard and preserve the housing stock of decent, safe and sanitary dwelling units within the
city and to protect persons entering or residing in them by providing for a regular and
comprehensive system of inspection of rental dwelling units and, through such inspections
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#2018-0-23
and/or owner certifications, identifying and requiring the correction of substandard conditions
and;
WFIEREAS, on July 16, 2018 City Council reviewed the draft amendments to Chapter
11 (Business Tax Receipts and Business Regulations), that included the addition of the
Residential Rental Inspection Progam, and directed staff to place on the future agenda for
� �
consideration of adoption. '�+°�����' �`'�' [,o s1 C�t��% � ✓`
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tf�'sD�I� g;��St.-�-�'Pl�:�`..9 <:.y� 9'�`,y":9J'�i�.S�"�'bC;i� � �IV„`'s��lf-�y �' ���d���e0`� V ��
4
NOW THEREFpRE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. AMEND AlyD 12ESTATE CHAPTER 11 (BUSINESS TAX
1tECEIPTS AND BUSINESS ItEGULATIONS), ARTICLE I (I2V
GENERAL)IN ITS ENTIRETY, OF THE CODE OF ORDINANCES, CITY
OF EDGEWATEl�,FLOItIDA,
Chapter 11 (Business Tax Receipts and Business Regulations) is amended and restated puxsuant
to Exhibit "A", which is attached and incorporated herein.
PART B. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, 01•parts thereof in conflict with this ordinance
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABII,ITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
uioperative, or void, such holdiug sha11 not affect the remaining portions of this ordinance. if
this ordinance of any provisions thereof shall be held to be inapplicable to any person, property,
or circumstances, such holding shall not affect its applicabiliry to any other person, property or
circumstance.
PART D, CODIFICATION
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#2018-0-23
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Provisions of this ordivauce shall be incorporated in the Code of Ordinances of the City
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of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or
othei• appropriate word, and the sections of this ordinance inay be renumbei-ed or relettered to
accomplish such intention; provided, however, tliat Parts B through F shall not be codified.
PART E. EFFECTIVE DATE
This ordinance shall take effect as of January 1,2019.
PAItT F. ADOPTION
After Motion to approve by Councilman Conroy with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on August 6, 2018,was as follows:
A� NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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#201 S-O-23
After Motion to approve by Councilrnan Conroy with Second by Councilwoman Power,
the vote on the public hearing/second reading of this ordinance held on September 10, 2018,was
as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoma.0 Christine Power X
Councilwoman Amy Vogt X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
PASSED AND DULY ADOPTED this 10`t'day of September, 2018.
AT'I'EST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Robin L. Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 10�day of
legality by: Aaron R. Wolfe, Esquire September, 2018 under Agenda Item#8c
City Attorney
Doran, Sims,Wolfe& Ciocchetti
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#201 S-O-23
EXHIBIT "A"
CHAPTER 11 BUSINESS TAX RECEIPT5 AND BUSINES5 REGULATIONS
ARTICLE I. IN GENERAL
Sec. 11-1. Persons subject to tag.
A business t� for the privilege of engaging in or managing any business, profession or
occupation within the city is hereby levied on the following persons:
(1) Any person who mainta.ins a pernlanent business location or branch office within the
city for the privilege of engaging in or manag-ing any business within the city.
(2) Any person who rnaintains a permanent business location or branch office within the
city for the privilege of engaging in or managing any profession or occupation within
the city.
(3) Any person who does not qualify under the provisions of [subsections] (1) or (2)
above and who transacts any business commerce where such business tax is not
prohibited by the United States Constitution.
Sec. 11-2. -Business tax receipt required; issuance.
It shall be unlawful for any person described in section 11-1 to engage in or inanage any
business, profession or occupation in the city unless he holds a current business tax receipt to do
so, which receipt shall be issued by the city upon payment of the business tax receipt required
therefore.
No person, firm or corporation may open any business to the public until they have applied
and procured a certificate of use for each business location or premise. All businesses ar•e
required to obtain both, a business tax receipt and certificate of use for each location.
Sec. 11-3. -Term of business tax receipt; proration of tax; delinquency charges.
(a) All business tax receipts shall be sold by the city beginning July 1 of each year, are due and
payable on or before September 30 of each year, and shall expire on September 30 of the
succeeding year. If September 30 falls on a weekend or holiday, the tax is due and payable
on or before the first working day following September 30. For each receipt obtained for any
new business, occupation or profession after April 1 of each year, one-half of the applicable
annual business t� shall be paid. Business tax receipts which are not renewed on or before
the expiration date may be reinstated thereafter upon payment by the holder of the receipt of
the applicable business tax plus a delinquency charge in the amount of ten percent of such
tax for the first mondi of delinquency, five percent each month of additional delinquency,up
to a maximum of 25 percent. A new business tax receipt shall not be issued to any person for
the privilege of engaging in or managing the same business, profession or occupation except
upon payment of all past due business taxes and delinquency charges applicable thereto.
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#2018-0-23
(b) A1iy person who engages or manages any business, occupation or profession without first
obtaining a business tax receipt, if required, is also subject to a penalty of 25 percent of the
business tax due.
(c) Any person who engages in any business, occupation or profession covered by this chapter,
who does not pay tl�e required business tax witlun 150 days after the initial notice of tax due,
and who does not obtain the required business tax receipt is subject to civil actions and
penalties, including court costs, reasonable attorney's fees, additional administrative costs
incurred as a result of collection efforts and a penalty of up to $250.00.
Sec. 11-4. -Business tax receipt lirnits; transfer fee; no rebate.
Any business tax receipt issued shall be good only for the particular business, profession or
occupation and at the particular place of business designated in the business tax receipt and only
for the person to whom the receipt was issued. Provided, however, all business licenses may be
transferred to a new owner upon a bona fide sale of the business upon payment of a transfer fee
of up to ten percent of the annual business tax, but not less than $3.00 nor more than $25.00 and
presentation of evidence of the sale of the original receipt. Upon written request and presentation
of the origuial receipt, any business tax may be transferred fi-om one location to another locatiou
in the city upon payment of a transfer fee of up to ten percent of the annual business taY, but not
less than $3.00 nor more than $25.00. Each such receipt t��ansfer shall be made within 30 days
after such sale or removal; otherwise the business involved shall become null and void and of no
effect.
No portion of any business t� receipt shall be rebated unless such business tax was
collected in error.
Sec. 11-5. -Revocation or suspension of business tax receipt; grounds.
Any business tax receipt issued for any business, profession or occupation which the city
council, in its discretion, shall determuie is being opel•ated in a manner that is not for the best
interest, welfare, health, morals and safety of the community may be suspended for a period of
time or revoked by the city council. Provided, however, prior to revocation or suspension of a
receipt, the licensee shall be given at least five days' notice to appear before the city council to
show cause why said receipt shall not be suspended or revoked.
Sec. 11-6. -Exemptions.
All persons exeinpt by state law from securing state and county business tax receipts shall be
exempt fi•om securing receipts under this chapter.
Sec. 11-7, -Business tax schedule.
The amount of the business tax receipt tax hereby levied for the privilege of engaging in or
managing any business, profession or occupation within the city, pursuant to section 11-1 is set
forth in the following schedule. Whenever any business, profession or occupation shall fall into
6
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#201 S-O-23
more than one of the classifications contained in this schedule the person engaging therein sha11
be required to pay tlie tax required for each classification.
The following annual, except as otherwise stated, designated business taxes shall be paid to the
city by persons engaging in or managing or transacting the following businesses, occupations ar
profession within the city:
(1) Abstract or title compafzy $ �� 91.16
(2) Accommodatiofas for rent includi�zg siTzale and nzultifamilv
s•esidential lao�nes czpai�tments, rnotels, motor courts, cottages,
hotels, boarditzghouses, etc.
(a) 1 to 2 rental units ��
(b) 3 to 10 rental units ��-94 30.39
(c) 11 to 20 rental units ��} 60.78
(d) 21 to 30 rental units vt�-c 91.16
(e) 31 to 40 rental units
"� 121.55
(� Each additional unit �-�-5 24.31
License must be taken out for all rental units whether used or
unused. (Does not permit dining room without restai�rant license).
(3) Addressing, maili�ag or duplicati�ag 4A�� 42.55
(4) Advertising age�zcy or t3-ade inducement company �9�C 72.93
(5) Agents or agencies:
(a) Collection agency S� 91.16
(b) Credit reporting �9 60.78
(c) Booking agents �:� 60.78
(d) Employment �-r-:p-,� 60.78
(e) Private detective agency(must register with police depat-tment) $�-8-� 91.16
(� Travel agents $��- 91.16
(g) Seciu-ity agency ��:$� 91.16
(h) Mortgage broker $�� 91.16
l. Each additional �34 30.39
2. Stocks and bonds
� 91.16
(i) Other 4�3-� 48.63
(6) Alcoholic beverages, spirits, beef•and wine(under state supervision), n/c
state license required
(7) Ambulance service (not connected with hospital or funeral home) S-1:A4 85.09
(8) Animals
(a) Kermel, state license required ��A4 85.09
(b) Boarding, state license required $-�A4 85.09
(c) Grooming 4�� 42.55
(d) Pet sitting �5:�4 30.39
(Animal breeders must obtain a pernut from the city animal control
office in accordance with section 5-36 of the City of Edgewater
Code of Ordinances)
7
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(c) 21 or more trailer spaces �� 91.16
Sales '^� 151.94
(88) Transportation:
(a) Chauffeurs, taxis, limousines or motor vehicles for hire:
1. 1 to 5 vehicles �:8-3 60.78
2. 6 to 10 vehicles S§:$� 91.16
3. Each additional vehicle �} 6.08
(b) Wrecker service:
1. One vehicle 4$-5� 42.55
2. Each additional vehicle �1 6.08
(89) Tr�uckzng companies ��eight):
(a) Each huck �s34 30.39
(90) Unclassified 3�9 60.78
(91) Utilities '^� 151.94
(92) Vendors, concession ntobile, health permit requu'ed 4�5� 42.55
(931 Warehouse/Distribution one truck 60.78
(al each additional truck 6.08
Sec. 11-8. -Punishment far violation.
If any person is in violation of any provision of this chapter said person shall, in addition to any
penalties herein prescribed, upon conviction thereof, be subject to punishment as provided in
section 11-7.
Sec. 11-9. Certificate of Use required.
a) No person, firm or corporation shall engage in or manage any business,
profession, trade, amusement or industry in the city, without first making application and having
procured a certificate of use for each locarion or premise. Certificates of use shall not be issued
until a new business inspection is completed at the location or premise and found to comply with
all requirements of the code of the city and all applicable laws and regulations.
Whenever any business, profession, occupation, trade, amusement or industty
shall fall into more than one of the classifications or uses contained in the schedule set forth in
Chapter 11, Article 1, Section 11-8, business tax schedule, such occupation, business,profession,
or privilege shall not be required to obtain more than one certificate of use. Each classification
or use shall be indicated on the certificate of use as appropriate.
b) Prior to the issuance of a home occupation certificate of use, an applicant shall be
required to sign an affidavit stating compliance with all matters as may be requu-ed by the Land
Development Code. Any action contraiy to the terms of such affidavit shall be subject to
enforcement against the violator in the manner provided by Florida Statute §162 or §166.0415,
Article X et. seq of the Ciry Code and all other available legal and judicial remedies.
c) Anyone other than a property owner making application for a certificate of use
iuust provide a notarized property owner affidavit. The property owner affidavit makes the
property owner aware that their tenant is applying for a business tax receipt and certificate of
use. This affidavit states that the property owner is aware that if the tenant, for any reason, is
found to be in non-compliance with any City of Edgewater codes, ordinances or laws relating to
18
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#2018-0-23
the tenant's business that they, as the property owner, will be held responsible for any code
enforcement action that may be necessary.
d) In order to obtain a certificate of use, an original fee shall be paid for the putpose
of defraying the costs of all original new business inspections and/or deparhnent approvals. An
annual renewal fee shall be paid to defi•ay the costs of maintenance of the certificate of use.
e) As of tlie effective date of this article, all existing paid home occupations ar
inobile occupations, businesses, professions or privileges shall be considered to have an active
certificate of use and shall not be subject to the original fee however; they will be subject to the
annual renewal fee.
fl The city shall have the right to request reasonable records from any paid business
for ptu-poses of ensuring and confirming continued compliance with representations made to the
city when such business applied to the city for land use or zoning approval.
Sec. 11-9.1 AccomYnodations for rent-Residential.
� Local busi��ess tax f�ecei t re uired: It shall be unlawful for an owner of i•esidential
�, ro ert to rent or lease or offer to rent ar lease throu hout this subsection the terms
�' "rent" and "lease" are s ��
on ous� as are the tei�rns to rent or lease" and "to offer to
�Y; �� rent or lease" therein an residential dwellin or dwellin unit s w _
� �� famil du lex tri lex multi famil a artment condomimum et, un ess a curre t
� ���`�'�►► local business t� recei t and Certificate of Use th
�, co of which is to be available at the structure in wh ch the dwellinssunit b shlocate a
�� � nv
.
T h e r e i s n o r e u i r e m e n t f o r t h e re to be a written lease or an evidence on monet d
,�, pavment to establish a rental arranaemen t A r e n ta l arrangement s hall be presumed to
exist when someone is residin a iesideutial structure who is not the owner of the
�� propertv and someone with an ownershiu interest is also not tesiding u1 said struct�re at
��
� the same time
� Annual ins ectio�z re uaf•ed: Each dwellin unit licensed ermitted for rental must ass
an annual ins ection. The u ose of the annual ins ection shall be to deterniine
com liance with the Citv of Ed�ewater Code of Ordinances
.�--�� _ :
� Special inspection provisions• ��� f
� S ecial �•ovisions or ro erties served b rivate otable water N�ells. Eve
Year as part of the annual rental housin� inspection the local business tax recerot
holder whose ro ert is sub ect to ms ection but not connected to a ublic
otable water su 1 s stem shall rovide to the code enforcement o�cer
evidence that water from the rivate otable water source has been tested and
found sanitarv and notable throu�h a standard and customary bacteriolo ical test
done bv a state certified laboratorv within tlu-ee (3) months of the date of
mspection.
2� Special provisions for nroper•ties served bv an onsite sewage treatme�at and
dasz�osal svstem As part of the annual rental housine inspection the local
busmess tax recei t holder whose ro ert is not connected to a ublic sewa e
19
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_�
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t��eatment and disposal svstem shall provide to the code enforcement officer
written evidence from an authorized contractor that the sewa�e treatment and
disposal svstem has been numped out and no deficiencies exist The sewa�e
treatment and disbosal svstem shall be numped out and inspected ever� ears
� Ri�h.ts of privacl� alad freedom from u�zreasonable search Each local business tax
receipt holder en�aged in the business of renting residential prope shall
undertake to make such property available for reasonable inspection by the code
enforcement officer to determine compliance with the�International Propertv �
.�.-_�, . .
Maintenance Code o . hcable ordinances and the su Iemental_ rovisLQns--=-,
of this�article, provided that the citv shall at all times honor the ri�hts of the local
busmess tax receipt holder and the lessee as provided in this subsection•
i. Insnections reQuired under this subsection shall be made only bv a code
enforcement officer. No law enforcement officer may accompanv a code
inspector unless there is probable cause to believe that the inspector's personal
safetv is at risk durin� the inspection No other nerson may accompany a code
mspector wrthout the consent of the local business tax receipt holder or lessee
ii. The code enforcement officer shall make his or her inspections during
davli�ht hours, unless the code enforcement officer has made an appointment for
another msnection time at the request of the local business tax receipt holder or
lessee.
iii. At the commencement of each inspection the code enforcement officer
shall present credentials and identification and advise the local business tax
receipt holder, lessee, or adult person authorized to admit the code enforcement
officer that an inspection is required under the provisions of this subsection If
need be�the code enforcement officer shall provide the referenced occupant or
other authorized nerson with a copy of this subsection
iv. If the code enforcement officer is denied admittance bv the local business
taY receipt holder or lessee or if the code enforcement officer fails in at least two ,�
2 attempts to complete an inspection of the premises because there was no adult ���'
person on the premises to admit him code enforcement action shall be taken , t
. �-��- �,��3���
v. Notwithstandin� anv other enforcement provisions of chapter 11 of this ��3 ��
Code, whenever the code enforcement officer observes violations code
enforcement action shall be taken.
vi. The citv shall administratively adopt an official rental housin�s ection
forrn, based upon the International Propertv Maintenance Code with a checklist
of items to be noted bv the code enforcement officer This form shall be made
20
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#2018-0-23
available to the nublic Any rental housin inspection shall focus upon, but not �'
� .___ � ��hecklist. -�- � .,_y ,..-� L
. . - .....,..,,._ .... ......_ ^ 4 � ...,�..._.. � .
necessan y be limited to the items set out on suchra
-.-_.__....
� _ � I � L!, (
Sec. 11-10. Defimhons. �'�� � �?�'�i��"' �`' Gr r� ���.�`� � .
e:-
r�iGd�.r%.5['j f✓'• � .
For tlie puipose of tlus article, the following terms, phrases, words and their derivati'ons shall �����' f"'`�"'
have the meanings given herein:
Business shall mean all kinds of vocations, occupations, professions, enterprises,
establishments, and all kinds of activities and matters, together with all devices, machines,
vehicles and appurtenances used therein, any of which are conducted for private profit or benefit,
either directly or indirectly. It shall not include the customary religious, charitable or educational
activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in the
ciry,which institutions are more particularly defined as follows:
a) Religious institutions shall mean churches and ecclesiastical or denominational
organizations, or established physical places for worship in this city at which nonprofit religious
services and activities are regularly conducted and carried on, and shall also mean church
� �,� cemeteries.
;� �� b) Educational institutions shall mean state tax supported or parochial, church and
� �; nonprofit private schools, colleges or universities conducting regular classes and courses of study
` '� required for accreditation by or membership in the southein association of colleges and
v ('�{� secondary schools, department of education or the Florida Council of Independent Schools.
\U ' Nonprofit libraries, art galleries and museums open to the public are defined as educational
?�� � institutions and eligible for exemption.
z� � � Cerrificate of use shall mean the method by which th.e cit -ants a roval for an
� Y � pP Y
� busuiess to occupy any office building, industrial or commercial building, apartrnent building or
�; � hotel, upon inspection of the premises and proof of compliance with all requirements of the Code
� � of the City of Edgewater and all applicable laws and regulations. The term "business" shall
� � include, for purposes of certificate of use only, any nonprofit religious, nonprofit charitable and
'�, � nonprofit education institution.
�� ��. City business tax receipt shall mean the tax paid to the city for the privilege of engaging
in or managing any business, profession or occupation within its jurisdiction. It shall not mean
any fees or taxes paid to any board, commission or officer for pennits, registration, examination
or inspection or any fees which are of a regulatory nature which shall be in addition to and not in
lieu of any city business t�imposed under the provisions of this article.
Classification shall mean the method by which a business or group of businesses are
identified.
Hnme occupation shall mean a business or occupation conducted entirely within a
dwelling unit providing such business or occupation meets the provisions of Article III, Section
21-34.01 of the City of Edgewater Land Development.
Mobile occupation shall mean a business, occupation or trade where the physical
location is a residential dwelling unit, used only for office purposes and whereby the actual
business operation is perfonned someplace other than the dwelling unit providing such mobile
business or occupation meets the provisions of Article III, Section Z1-34.01 of the City of
Edgewater Land Development Code.
Z1
�E��ret�passages are deleted.
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#2018-0-23
New business inspection shall mean the inspection made at the commercial location(s) or
premises in which a business, profession, occupation, tr�ade, amusement or industry is conducted.
The inspection is to ensure compliance with all zoning regulations, Life Safety Code
requirements,proper tenant separations, and all applicable city, county and state regulations.
Person shall mean any individual, fiini, partnership,joint adventure, syndicate or ot}ler
group or combination acting as a unit, association, corporation, estate, trust, business irust,
trustee, executor, administrator, receiver or other fiduciary and shall include the plural as well as
the singular; or any officers, agents, employees, factors, or any kind of personal representatives if
any thereof, in any capacity, acting either for himself, or for any other person, under either
personal appointment or pursuant to law.
Premises shall mean all lands, structures, places, and also the equipment and
apptu-tenances connected or used tlierewith, in any business, and also any personal property
which is either affixed to, or is othervvise used in connection with any such business conducted
on such premises_
P�ofessional shall mean any person engaged in the practice of any profession, business or
occupation regulated by law and requiring a tax issued by the state. However, "professional"
shall not include those persons who are required to obtain a tax under a regulatory statute, but are
prohibited from engaging in a profession, business or occupation unless under the direct
supervision of another person. A professional taxed shall not relieve the person paying the tax
from the payment of any business tax imposed on any business operated by him or her.
Rental Pronertv (f4ccommodations for Rent— Residential) A rental arran�ement shall
be nresumed to exist when someone is residin�m a residential structure who is not the owner of
the pronertv and someone with an ownership uiterest is also not residing in said structure at the
same time. (see Section 11-9 1)
Taxed or taxes shall include respectively the words "permit" or"permittee" or the holder for any
use or period of time of any similar privilege, wherever relevant to any provision of this article or
othei•law or ordinance.
Taxing autho�ity sha11 mean that person designated by the City Manager.
Taxpayer shall mean any person liable for taxes imposed under the provisions of this
article, any agent required to file and pay any taxes imposed hereunder, and the heirs, successors,
assignees and transferees of any such person or agent.
Sec. 11-11. Terms of certificate of use.
a) No certificate of use shall be issued for more than one year, and all certificates
shall be issued by the City Manager or his/her designee, upon payment of the required fee,
beginning July 1 of each year and shall be due and payable on or before September 30th of each
year. Certificates shall expire on September 30th of each succeeding year. In the event that
September 30th falls on a weekend or holiday, the fee shall be due and payable on or before the
first working day following September 30th. .
b) The certificate of use for commercial locations may be hansferred to a new owner
where there is a bona fide sale of the business with no additional fee. Evidence of the sale and
the original certificate of use must be submitted. If the sale of the business involves a change of
business name, classification or use, a new certificate of use shall be required.
c) If a business is moved from one location to another properly zoned location in this
22
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#2018-0-23
city, a new certificate of use shall be required. No certificate of use shall be issued for
commercial locations until a new business inspection is completed at the commercial location or
premises and the location or premises is found to comply with all requirements of the City of
Edgewater Code of Ordinances, Land Development Code and all applicable laws and
regulations.
Sec. 11-11.1. Evidence of engaging in business; responsibility of agent; separate business
tax for each location; approval of uses; separate business tax far each
company.
1) Evidence of engaging in business. The fact that a person represents himself as being
engaged in any business for which a business tax and certificate of use is required for the
transaction of business or the practice of a profession shall be evidence of the liability of such
person to pay a business tax and certificate of use fee, regardless of whether such person actually
h•ansacts any business or practices a profession. Soliciting business, displaying a sign or
advertising, which indicates the conduct of a business or profession at a given location,
advertising a business or profession in the classified section of the telephone directory or city
directory or otlier media shall be sufficient evidence that such person is holding himself out to
the public as being engaged in a business or profession.
2) One act constitutes doing business. For the purpose of this article, any person shall be
deemed to be in business and thus subject to the requirements of this chapter, when he does one
(1) act of:
a) Selling any goods or service;
b) Svliciting business or offering goods or services for sale or hire.
3) Agents responsible for obtainmg business tax. The agents or other representatives of
nonresidents who are doing business in this city shall be personally responsible for compliance
with this article by their principals and of the businesses they represent_
4) Eaclz location to Izave separate business tax. If any person operates any business at more
than one (1) Iocation, each location shall be considered a separate business and a separate
business tax is required unless otherwise provided for herein. '
5) Approval of uses. All activities and uses included within the operation of the business
shall be approved uses in accordance with all applicable codes.
6) Separ-ate business tax for each company. A company shall include each corporation
and/or fictitious name being used for the operation of that business.
Sec. 11-11.2. Administrative Fees; reprint, reinstatement, duplicate fees.
Due to additional services provided by the city depar-tments relating to the issuance of
certificates of use, the city shall administer the following administ�•ative fees in an amount
stipulated below:
a) Reprintfee. Any business/person who holds a business tax receipt and/or
certificate of use and who requests an additional copy of the business tax receipt or certificate of
use shall be charged a$7.00 reprint fee. ��P-� ��,�� �,,,,,��,� -�„�,,�,� ;k
�; ��
b) Reinstaten:ent fee. Any business/person who holds a certificate of use that
results in an expiration,revocation or suspension shall be charged a $35.00 administrative fee for
the reinstatement of the certificate of use in addition to all required annual fees and other
23
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#201 S-O-23
delinquency charges.
Sec. 11-11.3. Duties of licensing authority.
1) The licensing authority shall collect all business taxes and shall issue certificates of use
and business tax receipts in the name of the city to all persons qualified under d1e provisions of
this article and shall:
a) Promulgate and enforce all reasonable rules and regulations necessary to the
operation and enforceinent of this article,with the approval of the city council.
b) Adopt all forms and prescribe the information to be given therein as to character
and other relevant matters for all necessary papers.
c) Require applicants to submit all affidavits and oaths necessary to the
adminish-ation of this article.
d) Submit all applicatioas, in a proper case, to interested city officials for their
endorsements thereon as to compliance by the applicant with all city regulations which they have
the dury of enforcing.
e) Investigate and determine the eligibility of any applicant for a certificate of use
and business tax receipt as prescribed herein.
� Notify any applicant of the acceptance or rejection of his application and, upon
his refusal of any certificate of use and business tax receipt or pennit, at the applicant's request,
state in writing the reasons therefore and deliver them to the applicant.
2) The licensing authority shall perform all functions designated by the Director of
Development Services to ensure enforcement and cany out the provisions of this article.
Sec. 11-11.4. Duties of tax payers.
1) General standard of�co�2duct. Every tax payer under this article shall:
a) Permit all reasonable inspections of his business by public authorities so
authorized by law.
b) Ascertain and at all times comply with all laws and regulations applicable to such
taxed business.
c) Refrain from operating the taxed businesses on premises after expiration of lus
business tax receipt and during the period his certificate of use is revoked or suspended.
2) Display of tax and insignia. Every tax payer under this article shall:
a) Post and maintain such certificate of use and tax upon the taxed premises in a _,
place where it may be seen at all times. –, '="'��°� " ' �: � ��_-- �'�—- ���� - ��-
- .. �, .' ��-., .. '� ' �:�. � ��;� !!b1 1, _:.� ,.� �1l_�� �1
" b) Carry such business tax receipt on his person when he has no taxed business
premises.
c) Not allow any certificate of use, business tax receipt, special permit or insignia to
remain posted, or displayed or used, after the period for which it was issued has expired; or when
it has been suspended or revoked; or for any other reason has become ineffective. The tax payer
shall proinptly return such inoperative certificate of use, business taY receipt, special peiznit or
insignia to the Development 5ervices Director.
d) Not loan, sell, give or assign to any other person or allow any other person to use
or display or to destroy, damage or remove, or to have in his possession, except as autl�orized by
tlie Developinent Services Director or by law any certificate of use, business tax receipt or
24
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#201 S-O-23
insignia which has beeu issued to the tax payer.
Sec. 11-11.5. How tax construed as to professions.
The tax provided by this article for professionals shall be construed to mean that each individual
shall pay the tax herein provided, whether practicing by himself or in partnership or employed by
another.
Sec. 11-11.6. Scope of tax; tax obtained by false statements void ab initio.
1) No business tax receipt issued under the provisions of this article shall protect any person
from prosecution for transacting any business not covered by such t�.
2) Any business tax receipt issued upou any false statement made under oath shall be
considered as void ab initio and shall not protect the holder thereof from prosecution for
transacting business without a t�.
Sec. 11-11.7. Separate violations.
Each day or part of a day that any provision of this article is violated shall constitute a separate _
and distinct offense for which such person or his agents, servants or employees may be
-- - -- -. __-_ ---,. ---- ----___
__ _ __ __ _ _- _..
prosecuted._ -----
Sec. 11-12. Enforcement- Certificate of use.
1) The licensing authority and such other personnel of the city as shall be designated by the
City Manager shall conduct such investigations and inspections as shall be necessary to the
enforcement of this article.
a) No business shall occupy any office building, industrial or commercial building,
apartment building_or_hotel until a certif cate of use is issued by the City. Certificates of use may
_
not be issued until the premises have-'6een inspected-and found to comply with all requu•ements
of tl�e Code of the city. �
b) At time of application for a certificate of use, a fee shall be paid for all new
businesses, change of address, and changes of use, as specified in the City of Edgewater ��,,r� �� �
Bttsiness Tax Schedule. In addition, fees shall be paid to defray the cost of any required ,�j`J . �
.,..�m__...� ��, ��l
inspection(s) and re-inspections as specified in the City of Edgewater Business�Tax�ScheduIe:�"�� t�, ,:
— ------��'c�"�T—I'ie licensing authority shall either revoke or ternporarily suspend �� "
the certificate of use of any owner/applicant where it is determined by the licensing authority ��� ��
that: ,�-
1. The owner/applicant has misrepresented or failed to disclose material
information required by this chapter to be included in the ceitificate of use application form; or
2. The owner/applicant, as part of the owner/applicant's business activity
within the City of Edgewater, is engaged in conduct which is an actual threat to the public health,
welfare or safety; or
3. The owner/applicant is conducting business from preinises which do not
possess a valid and current business tax receipt and/or certificate of use as may be requu•ed by
city or county laws; or
4. Habihtal conduct has occurred at the owner/applicant's premises which
violates city, county or state law; or
25
�1�passages are deleted.
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#201�-0-23
5. The certificate of use issued by the city depended upon the
owner/applicant's compliance with specific provisions of federal, state, City or Volusia County
law and the owner/applicant has violated such specific provision of law; or
6. The owner/applicant has violated any provision of this chapter and has
failed or refused to cease or correct the violation after notification thereof; or
7. The premises have been condemned by the local health authority for
failure to meet sanitation standards or the premises have been condemned by the local authority
because the preinises are unsafe or unfit for human habitation.
The suspension or revocation shall be of the certificate of use in effect at the date of such
suspension or revocation, even though it may have been issued and an owner/applicant otlier
thau the person who held the certificate of use at the time the cause for such suspension or
revocation arose.
No certificate of use shall be suspended under this section for a period of more than twelve (12)
months. No new certificate of use shall be issued to the owner/applicant, or to any other finn in
� �� wluch the owner/applicant or any of its stockholders is interested, for any premise during the
1 � term of such suspension or revocation. At the end of such period of suspension or revocation,
the owner/applicant inay apply for a new certificate of use. '~'
° d) A sus ension,_not exceedin /, �
� .,� .__�-__- __M_�_ __��s�_(6) months shall,be imposed in cases where the �,` .
owner/applicant s violation is shown to be inadvertent and can be promptly corrected by the `��,�y'`'
� .�.�..._,._ _._ ___��
ownerl�a lican�a�revocafiori of the certifi ate of use shall b posed in all other cases � .'-- � �;�-%� '`�
PI��� � 1�
e) If the licensing authority believes that an owner/applicant has engaged or is '-' t�
engaged in conduct watYanting the suspension or revocation of a certificate of use, he shall seive �"'?
� i ' lie owner/applicant b�certified mai_1_or hand delivery,at his business address, a written notice to
''�.,�� oumer/applicant of facts or conduct which warrant the intended action. The notice shall state;:--.
'���� what is required to be done to eliminate the violation if any. , ; '. ;`>.: ' -
��" � If an owner/applicant or permittee fails to comply with any notice issued as
�� provided above, the licensing authority inay cause to have a notice of violation issued and
,�, provide a reasonable time for correction. If not corrected within noticed time, a citation will be
����-' issued. Violator may correct the violation and satisfy the fine or request a hearing befare the
'-`'` `'�� Cihzen Code_Enforcement Board, In the event an owner/applicant fails to comply with the
� � _., ____. _._r.�-----_
` rulmgs of the Code Enforcement Board, the licensing authoriry may order the closing of the
offending business and enforce the order by action of the Edgewater Police Department,
contracted services or other city forces. The cost of the enforcement action shall be placed as a
lien against the owner/applicant's i-eal and personal property. ''�
2) All persons authorized herein to inspect businesses shall have the authori to e�ter with ,� �rt�'�;at
tY _ �.. �, �
ar without wat-r�nt, at all reasonable times, the following premises: -- �""- , -�- ,
r.a_._.__.....,.,_....�..�-�._
a) Those for which a certificate of use is required. h-� 'a'.�.� ��.�-.� = y� �-�• '- � -"��� -- ` ��rt�;�
.,
b) Those for which a certificate of use was issued and which, at the time of ��`'��`��'�
inspection, are operating under such certificate of use; �
c) Those for which the certificate of use has been revoked or suspended.
3) Persons inspecting businesses or premises, as herein authorized, shall 1•eport all violations
of this article or of other laws or,ordi ances to the licensing authority and shall submit such other
, .�
� • � �-.��•,.�. --:.�._L..-..-;+..• 0
n
.�:ll_'l . .-. ' "�-�:�..�'.> ___.. ."_.'_"_-'__._. _....__.
c=:..._�---._.___.---'- ., a='.',.. i� .�.. ✓ �._..a_ . _
_"'�_'
___
.._-� -------- -
� ���, 26
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�
#2018-0-23 r l�,c.t�y, �,'!.,�,<<�-�
�
such crime was cornrnitted within the course of a business activity reg-ulated by this article.
7. The owner/applicant fails to supply to the city the reasonable records requested by
the city for purposes of ensuring and confii�ning continued compliance with representations
inade to the city when such business applied to the city for land use or zoning approval.
b• Prior to the suspension or revocation of a certificate of use under this section, the city
shall notify the owner/applicant of the gounds for such suspension or revocation, and the right
of such owner/applicant to request a hearing. Further, procedures for notices and hearings may
be prescribed by the city by resolution, under authority of this article.
28
��passages are deleted.
Underlined passages are added.
#2018-0-23
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� '� �� As increasing number ot iocaiities nave enactea PRi Prog�ams,a number of strategies
: have emerged to address the above challenges and ensure successful programs.We
�
i highlight a few below.
��� �g�t`����
8������� ������� ������������� @�� ��������� o locality.The most effective
As described above,PRI programs differ from Iocality t eCific concerns
eted to Iocal housing stock characteristics and the sp�� ram shouid `x�
programs are targ roactive code inspections p 9 �
of the community.in taking this approach,p
roups179 In Seattle,for example, �
Ut from diverse stakeholder q >,
be designed with inp artment of Building Inspections to convene a
the city council required the Dep ection Stakeholder Group,which would
ert Licensing and lnsp
ection Ofdinance:eD The
Residential Rental Prop v With the assistance
' ue recommendations for the Rental Regist oaVeo a six�-moPth period,
�; iss - � 5 was carefully
met almost a_dozen_time5 - ut of all represented group
stakeholder group���,_ —
of a professional facilitator and mediator.The inp
documented:B'
' ' e =����� �a'���c��}:���a� �u� 6y�i�9���fi���'�c�e s into
� ������f� ���������� ro rams bring code enforcement offic rams'
inspection p g laint-based prog
Proactive rental housing ht out housing inspections.
a broader cross-section of residents ehaso g�omp
contact with �nspections,allay
��cluding many residents who have not affirmativ e�ocalities
, ate tenants and landlords about ren of n�spect ons,som
�n order to help educ lementatio
ers and nonprofit orqanizations in the implementat�o�o
1` resident concems,and ensure effective imp
, have involved community memb
their programs. -�''
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In Los Angeles,after repeated incidents in which city inspectors were unable to gain
entry into homes for lead inspections,the Healthy Homes Collaborative,an association
of community-based organizations,partnered with the Los Angeles Housing Department
and the L.A.County Department of Public Health to ensure that violations are repaired
, safely.Under the partnership,a member of the collaborative visits selected homes
prior to scheduled city inspections.The�ollaborative representative assists residents
in preparing for inspections by educating residents about lead hazards and lead-safe
work practices,providinq information and referrals about blood lead testing and how to
report unsafe repair work, listing potential defects,and informing residents of their leg�l
' rights.182 Significantly,city inspectors who visited properties that were pre-visited by
collaborative staff have gained entry 80 percent of the time,compared with 20 percent
— _,,,,,�,., , for homes that were not pre-visited,183
,�� � ,,�^` ;
, � �:`��' '4 �'� :i"`'� r
:�
' 9 . �C � `1 �b '
�^ �,�� �� � ���h'Q�° '���` ��^�; `� 5imilarly,with diffi�ult cases,such as those involving hoarding, overcrowding,or potential
�
; �r���` ��'� �p����`�qg��g'y6��,.'���t�, `� ; j displacement, housing inspectors should collaborate with social and legal services
°f� G^��y , '�����.L �+v.lh`��, -�y�§ �'".�as��,��yP�.*,'. ���
� t ,� ,*�e' �`,.'�j�� „ agencies and community organizations,which can assist tenants by helping them access
���, ; 1� �°� P��`.,•t�4,'aY 4+\t..�, r
8 �� ;sM +� Y �-r;ti�}�4 .Fi��c 1 f�4, critical supportive services.
. ,�� { .4 ��, 1��5-
�6 x."� `�x� ,;r ��«.y F' 'yu} t B ��, .
it� +� "r L.r 4
:� ^��mo-m�eea��.F�'A�,,�r�.�w� . �j� �+"��v�-... n:ro
' � ��:��:����.��.. � ` �a.,, E�����a�d� ���be�a�� F�� ��d� �;�a���o�.��d���} ������
`� '"� � ��'�`� As proactive rental inspection programs bring inspectors into wider contact with
�
� �ti.,4 a,,;,�„�.�:;,',�' residents,it is very important that officers be able to interact effectively with a diverse
'` ;.=���' k
� ' population.In tandem with implementing proactive rental inspection programs,localities
� • �„�° can provide training to code enforcement officers to ensure that they are prepared to:
�
h �x.�4�� conduct inspections in a culturally sensitive manner;be attentive to the special concerns
f���, ;� �� �' ��'���.� of particular qroups(e.q.,seniors,undocumented persons);and employ effective
"fY �:
�'��;� � ` � ",. �•° - strategies to overcome language and other communication barriers. In particular,havinq
:A '� , , f 6 pa`�'t�!y 4 tx;'�
` , multilingual inspectors and support staff ensures that all tenants are able to communicate
�� -� 1�W� effectively throughout the inspection process.
� The Boston Inspectional 5ervices Department briefs and trains other city staff who might
� interact with the program,such as the building division, Division heads are briefed on the
' program's budget,staffing,and operations at biweekly meetings.184
,
�r����e ra���a�i���� ���ra����� ��� ������i��� ���„��e� ��� �,;u��@�s°��
��a� �'e������;�
Unlike complaint based-systems,PRI programs affirmatively aim to interface with most
; landlords and tenants.Ensuring that all parties understand the program and their
� obligations under the program helps to ease the transition.
A number of localities have developed programs to help educate landlords and tenants
about the rental inspection program and their obligations;many also provide written
materials and checklists for tenants and landlords on applicable housing code provisions.
Other localities carry out far-reaching publicity campaigns, including billboards,pos_ters
� on bus shelters,1B5 and notices on pro erty t'�"�ax and water bills.'86Los Angeles conducts a
� __.___---_�_�_---_�____ —
. full range of workshops and monthly drop-in sessions to address questions.'B'Sacramento
requires that owners distribute city-approved forms concerning tenants'rights and
i
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;,i iIL����.'.li� I�.�i�l�{;1,! !''i i �; i �n i�q�nil ),, '� � J 1���
. . � t: i� .,t_�±: . . �}.'i .�`,;�v:= i�.�r: : . -.��fris i'_�'.
�` ��i��q�L�b �r
� . .,
� `'
'� responsibilities before the commencement of an ,ae •
� y tenanc .
� mayor's office, Boston's Inspectional Services Departme t ho ds mt nthly andlordr;e
�,�i ., to discuss the rental reqistration program and inspection process.The emina
scheduled in the evenin to encoura e attendance.
g se seminars are
� with a local community college to de9elop an online train�ansas City, KS,staff are H�orking
�; Programs should also work with tenant housing organizatio program for landlords.19�
to ensure that tenants can understand and assert their rights and legal aid orqanizations
' � 6¢�U��a9���6�� ���a�9���s���,�a
� ��€���°,¢�aw
Finally, PRI programs can be more effectively implemented when th
j place complementary programs to addre e locality also puts into
' ,,L ss related housing issues.
� �� Funded relocation:Funded tenant relocation assistance r
� ��'�.
� p ograms hel
displacement resultin from code entorcement efforts doesn't result in housin
; C'� ; �.__ _
� _ p ensure that
�', and homelessness,wn��h have significant he yative health im acts.
��� � g instability
'`a " example, has a Tenant Relocation AssistanCe Program, whi p 192�93�9^Los Angeles,for
assistance from the ro �h entitles a tenant to financial
x P Perty owner to find new housin 19s
provide different levels of fundin g• Often, relocation pro ra �•
' instances, owners ma 9 for tem 9 m•,WIII
Porary and permanent displacement. In some
' y be unable or unwillin to
-or at all. For this reason,and because low-income tenants often lac
9 pay relocation fees to tenants promptly
� : move readily, it is critical that localiti
' es set aside desi nated funds tok aufficient assets to
landlords cannot.Municipal relocation ordinances sometimes allo
P y tenants when
lien on the property to recoup these relocation W the localit to
peyments fro y place a
m the owner.
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01�V `71 1 J
r;;• Financfal assistance for low-tncome landiords to make repa(rs:There are some
:\-'� `;�.
�`� J `�� �s} instances where low-income property owners may be unable to make repairs on rental
,,,
'�� ,� � `�;�' , properties,a situation magnified by the recent mortgage and credit crises.Financial
, � ,
���?° ' � ,�t. assistance for low-income landlords can help ensure that needed repairs get made.
:� � � `r.i
�� �r� �;°� Rent control: As mentioned in the previous section,tenants may be subject to rent
ya� �``,_��' increases after a landlord conducts repairs to brinq a unit into compliance. In some
,'v�-{ �,� localities,where ermitted under state law,rent control laws ma
'' ��v P y protect tenants from
,�'` sharp rent increases by limiting allowable pass-throughs of program fees.For example, in
Los Angeles, landlords are permitted to pass through the registration and inspection fees
onto tenants,but if they do so,they must pass the charges along as prorated monthly fees
so that tenants can absorb the cost over the course of a year.1961n addition,while localities
' with rent control ordinances allow landlords to recoup their capit�l improvement costs
from tenants,they may require that the costs be recouped in a qradual fashion over a
period of time,such as several years.197
' Publlc access to code violatlon information: By providing tenants and the public
with readily available registration status and code violation information about specific
properties, localities can incentivize rental owners to comply with registration
requirements and give the community tools for enforcement as well as critical information.
, Grand Rapids provides online access to its lists of registered properties,allowing tenants
or prospective tenants to easily find out whether properties are registered and whether
registered properties have certificates of compliance19B Boston will maintain an online,
searchable Chronic Offenders Registry that includes a list of landlords who reqularly faii ta
correct problems.199
In an effort to increase prospective tenants'access to rental property information,
Code for America,in collaboration with the City of San Francisco and other industry
stakeholders,developed a reportable,uniform data standard for housing code
violations.zDO By adopting a uniform data standard, 5an Francisco ensures that the data
is available for use in additional applications-the sum effect of which is to increase
' consumer access to housing information.A number of other localities have also
committed to adopting the standard, including Las Veqas, NV; Kansas City,M0; Gary and
Bloomington, IN;Olathe,KS;and Bayside,WI.201
� n i .. �. ,,t ... .r . �. _�Ir.., i: ....� . - . li 'i�. _. i i .'i�i{ .,,'il_ _, ..,
a ��i�ng�L�b''_ . ..., „ _._
Health and housing are tightly connected.To protect residents from an array of housing
related health risks-such as asthma,ailergies, lead poisoning,and injury-localities
must ensure that local housinq stock is well-maintained and in compliance with applicable
; housing and property maintenance codes. Proactive rental inspection programs can
effectively achieve this by:addressing housing conditions before they become severe;
protectinq vulnerable tenants who often fall through the cracks of a complaint-cased
system;and preserving critical housinq stock. At the same time, PRI programs can benefit
landlords and communities by protecting the property values of rental housing and
neighboring homes.
� There are many different ways to design a municipal PRI program.The most effective
programs will be tailored to the characteristics of the local rental housing stock,factor in
on-the-ground political and resource limitations,anticipate potential challenges in adoption
and implementation,and incorporate broad-based strategies to ensure that local rental
housing remains not only safe and healthy, but stable and affordable for all tenants.
�
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`;,Y -���ng�L�b` _. . _ Y��....
; -
Written by Amy Ackerman(Consulting Attorney),with additional writing support
from Linda Galbreth(Senior Staff Attorney and Program Director)and Anne Pearson
(Vice President for Programs)_All affiliated with ChangeLab Solutions.
Reviewed by Emile Jorgensen(Childhood Lead Poisoning Prevention Proqram at the
Chicago Department of Public Health),Jane Malone (National Center for Healthy
Housing), Lindsay Norris Brown (Alameda County Healthy Hornes Department),and Nicole
Thomsen (Environmentai Health Services Division, Public Health-Seattle& King County).
Additional research and support by Meliah Schultzman (Staff Attorney),Rebecca Johnson
(Policy Analyst), Lindsey Zwicker(Law Fellow), Sonya Rifkin (Policy Fellow),and Evan
Sznol (Law Intern).All affiliated with ChangeLab Solutions.
Support for this document was provided by a grant from the Kresge Foundation.
i
,
i
,
_ _ .._...... _.. _ _ _ .. -
ChangeLab Solutions is a nonprofit organization that provides legal information on
matters relating to public health.The legal information in this document does not
constitute legal advice or leqal representation. For legai advice,readers should consult a
lawyer in their state.
O 2014 ChangeLab Solutions
Photos courtesy of FlickrCC/brad.coy(p.16),FlickrCC/bombnomnom,FlickrCC/camknows(p.4),FlickrCC/
FrankPeters(cover),FlickrCC/fredcamino(p.20),FlickrCC/GregBalzer(p.25),FlickrCC/happyskrappy(p.19),
FlickrCC/Mary_Vican(p.17),FlickrCC/NewtownGraflttl(p.26),FlickrCC/ohad(p.9),FlickrCC/FrankPeters,FlickrCC/
susieq3c(p.14),FlickrCC/taberandrew(p.6),FlickrCC/Tom-in-NYC(p.8),FlickrCC/USACE_HO(p.7),FlickrCC/
USDAGov(p.27)and Housing_qardening-morquefile.com(p.24).
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