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Kim Long - Rental Inspection Program These documents were submitted during the 2°d Citizen Cominents Section at the Cotulcil Meeting on January 7, 2019 by Kin Long for distribution to all Council members ,..�. ' , �f��Js�"V `l `l �l�i��'� �a..�-t. ,�f`�•� {i��A�i.�� '`C�—�..--�. ?�. G-L ---, , <;,�,� . � RES�IDENTIAL RENTAL INSPECTION `�'��'�'�� Z �� •r �"`� Code Enforcement Division � •- ,� . , � ��,�^� s � PO Box 100 °`` `" ��'�� 1605 South Ridgewood Ave � �,�'%��"R�°��, <;,,.., Edgewater, Florida 32132 � � � � ` EDGEWATER (3ss)a2a-2aoo Ext.z2�o �� ` . CodeEnforcement@cityofedgewater.org ' `°°r'""� �� RENTAL H�USING 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. � A ► 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 � hazardous conditions. � ; IPMC 302.4 Weeds. Premises and exterior property are mainfained � free from vines, weeds and plant growth in excess of ` 12 inches. � � IPMC 302.5 Rodent harborage. Structures and exterior property are kept free from rodent harborage and infestation. � 1 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 � IPMC 304.1 General. The exterior of the structure(s) is � �—�"''r 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 ltems to be Inspected Violation Found IPMC 304.2 Protective treatment. All exterior surtaces shall be maintained in good condition. Exterior wood surfaces (other than decay-resistant woods) are protected by painting or other protecfive 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 Etems to be Insoected Violation Found IPMC 304.13 Vlrndow, skylight and door frames. Every window, skylight, door and frame will be kept in good repair, sound condition and weather tight. 304.'k3.1 Glazing. All glazing material are kept free from cracks and holes. 304.132 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 IPMC 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. 304.18.2 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 structurally 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 305.2 Structural members. Structural members are maintained structurally sound and are capable of supporting the imposed loads. IPMC 305.3 lnterior 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 supparting 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 to 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 surtace. 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-proof, covered, outside garbage container. EXTERMINATION IPMC 308.1 Infestation. All 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. �PMC 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 LIMITATI�NS LIGHT IPMC 402.1 Habitable spaces. At least one window facing directly to the outside. Min. glazed area of 8% of floor area. VENTlLATION 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 mechanical � 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 items to be Ins ected Violation Found 4�4.42 Access from bedrooms. Bedrooms must not be �he only means of access to ofher 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 wifhout 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, lavatory, water closet and kitchen sink and must be maintained in a sanitary, 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 ofher 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 surtace 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 condition; 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 Violation Found IPMC 505.2 Hose bibs shall be protected by an approved 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 combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly instalfed and maintained on water heaters. SANITARY DRIANAGE SYSTEM IPMC 506.1 General. All plumbing fixtures properly connected to either a public sewer or approved private sewage disposal system. 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 connecfed to approved chimney or vent_ Page 7 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Code Section ltems 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 addifional 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, insufficient 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 outlets. 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 protec#ion. 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 8 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) Code Section Items to be Insnected Violation Found FIRE SAFETY REQUIREME[VTS IPMC 704.2 Smoke alarms. Alarms installed and maintained in group R-2, R-3, R-4, and in dweliings not regulated in Group-R occupancies regardless 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 celiars. 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 provided such wiring has a corramercial 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 commerciaf power source and in existing areas of buildings undergoing alterations or repairs that do not result in the removal 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 of interior finishes. IPMC 704.4 Interconnection. Where multiple smoke alarms are reauired 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/Representative Email Address: Page 10 of 10 Code of Ordinance Section 11-9.1 (Accommodations for rent-Residential) RESIDENTIAL REMTAL INSPECTION CHECKUST !� �" ��.`orcement Division rz'� P�Box 100 r •�, OFF�fR��, �� :`'"^ 16�iSnuthRidgewoodAve. %�0�,4'�O�F-" EDGEWATL'd�> Edgewater,FL32132 ^ � ;-yu 386.d24.2q00 EM.2216 ;�FceF�A.�.Q�' rentzlCu cityofedgewater.org 'y"r'�G;�:;;+�`aZ� Address of inspection: Unit Number: Property Owner/Representative: Date of Inspection: Time: �� Code Enforcement Officer: P F A A N P F 5 I / A A N 5 L A OUTSIDETHEDWEWNG 5 � � � � � Is the property properly identified with 5treet numbers 5 � A Walls.Ceilin¢s and Floors at least 4 inches tall and easily visible from the ❑ � ❑ Are the walls and ceilings properly sealed,free from street?IPM[3043 peeling paint and capable of 6eing mainta(ned in a � ❑ � Are the premises free from weeds or excessive plan[ �nitary conditfon? IPMC 304.2/3053 growth?Is grass maintained at a height of less than �❑❑ Are the iloo�s structurally sountl?IPMC 305.4 12 inches? IPMC 302,4 Are structural members sound and capable of � ❑ � Is all rubb(sh and garbage properly stored and removed supporting imposed laads? IPMC 305.2 on a regular basis7 IPMC30Z.3 ❑ ❑ ❑ Are handrails and guardrails firmly fastened and in � ❑ � Is the exterior(sidi�g,brick and/ar paint)in good good condition?qre the able to support normally candition7 IPMC 304.1 imposed loads7 IPMC 305.5 ❑❑ � Are all accessory strudures(sheds,garage,fences etc,) Electrical Svstems In gootl contlition I IPMC 304.1 ❑ Q � Does every habitable room have at least 2 sepala[e Is the root in good repalr wlth no leaks:+ IPMC 304.7 Working outletsr IPMC 605.2 � ❑ � Are the gutters and/or downspouts in a good state of � ❑ ❑ Do the bathrooms,kitchen,laundry,garage and exterior repair and directing rainwater away from the areas have ground fault clrcuit Interrupter f GFCI) structure±IPMC304,7 outletsl IPMC210.8/210.52 � ❑ � Are the steps,decks,landings and fire escapes ❑ ❑ ❑ Are all switches,outlets and electric fixtures in good tuhdional and in good candition�t IPMC 304.1 Working order? IPMC 605.1 � ❑ � Do all stairs with more than 4 risers have a ❑ Q ❑ Is there at least one elec[rfc luminaire in public halls, handrail on one side7 IPMC 306.1 interior stairv,rays,toilet roams,kitchens,laundry rooms, � ❑ � Do all balconies,porches or landings 3D inches or more boiler rooms and furnace roams? IPMC 605.3 ahove grade have guardrails?IPMC 306.1 e e e Do overhead Iights have proper globe covers in place7 � � � Is the yard and porch free from junk,trash,and Are electrical panei/circuits properly labeled? debris7 IPMC 302.1 Mechan(cal � ❑ � Is the proper[y free of inoperable,junk or unlicensed � �❑ Does each room including bathrooms have adequate vehicles7 IPML302.8 heat?IPMC602.1 � ❑ � Are the foundation and exterior walls well maintained e e e Are clothes dtyers properly vented? IPMC 403.5 with no cracks,breaks are plumb and weatherproof7 Are all mechanical appliances maintained in safe IPMC 304.5/304.6 working conditions�t IPMC 6D3.1 � � � Are structural members free from deterio2tion and �❑ ❑ Are all com6ustion gases vented to the outside? capable oi supporting tleatl antl live loadsl IPMC 304,4 �PMC 603.2 � � � � ❑ � Are applianCe hootls in working conditiont IPMG403.4 Do all windows and doors have tightly fitted insect screens'? IPMC30q.14 Plumbfne INSIDE 7HE DWELLING ❑ � � Do plumbingfixtures have adequate water pressure and Flre Safetv do they operate properlyf IPMC 505.1 ❑ ❑ ❑ e e e Are supply antl drain lines tree ot leaks? IPMC 505.3 Are all smoke detectors hardwired with a battery Are water heaters properly installed and maintained and hackup OR have a 10 year lithium sealed tamper proot battery? IPMC 7043/704.4 not less than 110 �ahrenheit?Are an approved � � � � Are smoke detectors located one in every sleeping �ombination tempera[ure and pressure valve discharge area(not including kitchen and bathroom)IPMC 704.2 Pipe 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 fxtures working praperly? IPMC 504.1 � Q � Is there a fire extinguisher located inside the unit? Is the floor easily maintained in a clean,dry condition7 Doors/Windows �PMC SD3.4 � � � Do the exterior doors have deadbolt locks deslgned to �0 ❑ �s there a door and interior locking device for privacy? he readlly operahle without the need for a key7 �PM��•1 IPMC 304.18/304.18.1/304.18.2 ❑ 0 ❑ ��es each unit have their own shower or bathtub, � ❑ � Are all windows lockable,weather tight and in good lavatory,water closet7 IPMC 502.1 working condition(capable of remaining open without �❑ ❑ �s there an opera6le window or adequate mechanital a means oT sUpportJ7 IPMC 304.5 ventilationl IPMC 403.2 � � � Do the requlred operable wfndows have screens ❑❑ ❑ Are all structures free from Insect and rodent without rips,teafs or holesl IPMC 304,13 intestatfon7 IPMC 302.5 -� rr � ❑ � Are all interior and ex[erior premises free from any .�-;} �" � � � Does every habitable space have an operable atcumulation of rubhlsh or garbaget IPMC 307.1 wlntlow7 IPMC403.1 ❑ ❑ ❑ - ' � � � Are duct systems maintained free of o6struc[ions and � �� ' Are all the exterior doors weather tight and in good capable ot pertorming the required tunction�t IPMC 607,1 �'��` �.i��' working artlert IPMC 304.15 A A A � � � Are there any broken or badly cracked windows? Are there too many people occupying the unit?IPMC 404,5 ��y IPMC 304.13 Is each bedroam accessible independently7 IPMC 46q,q.2-�+�+,,, •V�°;' � Do the Interior doors fit well and are securely attached Does each bedroom have access to at least one water tojambs,headerortracks71PMC305.6 closet and one lavatory without passing through � anotherbedroom? IPMC404,4.3 �❑ � Is there up to date contact information on file wi[h the city7 No[es: Signa[ure of Code Officer: Date: Signature of Owner/Representative: Date: Owner/Representative Email Address: Phone No.: A re-inspedion,to determine compliance,wlll need to he scheduled on or hefore ,� after you have paid the re-inspection fee to schedule your re-Inspection.. Failure to take the corredion adion set forth abolve may�su�lt�in�he z16 '" ��df/�,^ issuanee of a Notite of Violation or Citation,whicF�may include an applicable set civil fine not to exceed$500.00 per day and may result in a hearing before the Special Magisirate.Thank you for helping us promote,protect and improve the health,safetyand/orthe economic welfare of the City. � � *"it is YOUR responsibility to call and schedule the re-inspection before your compliance date" � "` __ � .� '� . , , .�;, er:.� �- ' _ � � � � �1—�—��5�c1�S �` . ..� � �� :s� •.�' �,,� �� ```�,� ��G� ��"" � .� _ ,-- _ _..�.�.� � =�� e l��"`.�` �,�; �J ��o� � l. , �';`�.� ��'��`��"�7!�7��(j' �/" �� (�, � � i-� � Inc.1951 ��'"�y .�'�� 1 G''� w ' • �� December 1, 2018 '�-��.�- _ �; . ��1��,� �� Re. Residential Rental Inspection Program �� j � �� 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 license) 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 h�tp://vvww.citvofed�ewater.or�/f�re/pa�e/accommodations-rental residen�ial. �� Here you can find information on: �� , � 1. Steps for completing the application process. J � 2. Application for required Business Tax Receipt and Certificate of Use. �,,�,L�� J� � 3. How to schedule an inspection with Code Enforcement. �yu�' � .� ,, 4. As well as, frequently asked questions. ` � �l� � � � Sincerely, � ' �,�` r� Bridgette King ��x. , � �� Finance Director �� v�,� � �� u�B� Department of Finance �- P.O. Box 100 m Edgewater,FL 32132-0100 (386)424-2400•Fax(386)424-2469 www.cityofedgewater.org 1 /,�•��; . �.;c,',,%.�' 0 ity of Edgewater Median Hourly Rate by Job f�,�cre Charts ° Min Max . . . . . . . . . p � Meter Reader �� ''" 2 profiles _ ' r $16J2 _ ... ,P "_�� ;�,��sr�n� �� $i 2 $23 ' Line Cook � ;;.�I� ,,,•-,��,:;,- ��.�- � ' ] 1 profile "�' � �`�y . � /' ��. �l� '9"�r.,��: '' r '�.�� l:y,��`;y' B�. I_ $12.65 � 1��v� �'�'"�' � _� S�o $�� Automotive Service Technician / Mechanic 1 profile $18.55 $73 $26 � �r � �� .� -a �x. :-��, ,:J�; �-7( '"'f� k"�4 uF'1 k � .+t�, h�• `� �! �,k`4£ � {t-. ' . " '�t' �"^`,��.. ` �" tr o- ^'�.�a � * � r ( �A �s '� � � �rr�'�-�� s � �� x� �^ r��fi g� s., q �` �g � � � 1, C ` ��`��e � � +r �Y kP4+`��3�$� x �.. . .. .� � �� r �,:'�a ? �, .. ,�y,'"��° '`y� '' �:� � � �,�'4 f��`�d � 4.�i 6 W Y %'. �d.''.�'�ti ��.:� � � 4�� "� L.�-��'"��,A .�.�..� �'.,�i _�'� t <.n. /r�� S`��)dY ��x��'r�Y..7d� 1T3�Y:1�+.ur'v"' � {\`�� h: ��: , ��{J^✓"�" py t�� I ' ...... . h". V y 7 _�.�r.� . W* '� �� 6 �:�`t M '��".� { V �� .�T.••� ('V�� y � ' �� P.L.,4 �''L. �:af� „_,� 1.�.��f..., _ _ �. �.._... �' � : x � � � o , �. r � , , ";�ja ; � �!�;• r� ' ; : ...; ti •. : �p4 f(t3(G''�AS� 1 �� _ e��► — ;� , � . � ` . . �'��w .'�. 4FF�.� . � � t ih. '� . :<a ' �� e�a, � , � ;� � o r ' "�o - 3 a,y '� �� , . . : .. .. -. ". J"r .. .._�... .__ .._,x,_� __.�..�.....�.s_� .._�..._._._.�...i« i E_„_�...._.� C��e �nforcement is � ��rvice prQ�ided �y th� C�ty of Edge�nr�ter t� ens�,�re compliance �rrith City ordir�ances approved by the City Council. Local ordinances reguiate property 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 example — what materials may be used to construct a fence). Local ordinances are created to pror�ote public health, safety and to safeguard property values. These local ordinances also incorporate some State and nationally recognized regulations and standards. The Code Enforcement division is committed to providing an equitable, expeditious, effective and inexpensive method of enforcing the local ordinances approved by our City Caur�ci . The first priority of Code Enforcemen� is to,hel�property owners achieve compliance. Anyone vvho receives a notice from Code Enforcement is encouraged to contact the department as soon as you are notified. The Cifiy of Edgevvater employs two full time Code Enforcement Officers who provide seven day a week services. The officers spend the majority of�heir days in �h� fie(d r�s�onding to complaints ar�d �oing rou#i�e checks �f vario�s neighborhaods Code enforcement is a legal process so it may take time before you see results after contacting Code Enforcement about a viofation. The typical process of ho�r a code enfQrcement issue is handled: � Complaint received and investigated � If pass�ble, o�icer rnakes contact v►iith involved party to affect immediate c�rrection � if officer is un�ble t� make cor�t�ct, a co�r��sy r�otice is ieft at the loc�tion . e If no c�r�ection r�ade, � no�ice �r �6olati�r� is given . � o� st;!! r� cQrrec�i�!� i� �n��, a cit��ion i� issued � ,� hearing �riil be scheduled in fron� of �he C��e Eniar�err�en�t �o�rd ar Spe�iai f�agistrate �,�p.,��,��.�� :� _ `�'�� - � .. � ��s � _ ��,--I� ,,� �;� c��6 � v.�-� G��v� �?G�� c�-, / � ;� �: c��w-��-.5_' �T�r•� �/.�7 C�� — l�- �� G l�/fi.�� - c��-i� t �enefit of Code Enforcement Communities with deteriorating properties may see an increase in crime rates and a decr�ase in property values. Vacant buildings, garbage, ill-cared for lawns, and deteri�rating residences c�ntribute to pQQr communi�y canditio�s. Code enforce�nent officers are peopie that enforce codes, rules and regulations in order to maint�in safe and healthy property conditions. These individuals help maintain and preserve the quality of communities. Code enforcer°�e�fi ��'iice�s play a crucsai role in daily community operations a�d quality of life. Their duties have a direct impact o� property values and community ir�ag�. it is inevitabie �h�t a proper�y wiii age wi�th �fhe progr�ssian 6� �irr�e. By en�orcing propert�r standards and working to keep up with aging, deteriorating prop�rties, the code enforcement ofFicers are able to corr-rba� community imperfections and loss of value. Some struggles that code enforcement officials face incl�sde: , , � . ` �'��( �'�� -- ��`��''��,� � � Vacant buildengs l,K� l -tic� � � Garbage and clutter �U-� �C�'` �:,�� '- � � Unk�m t lawns full of tall rass and weeds � P 9 � Graffiti and property destruction �,� I, ��'� � � �� t.�,�, _�- ,�r �� P �� ,��, Studies reve�l that communities with poor conditions tend to attract more crime. In addition to the increase in crime rafies, the comrr�unity members are faced with a �i�r�i�ica�� arop in properiy valu�s, resulting in di��ieui�ty s�fiirig �i��ir home or in profiting from any possible sales. 9n addition to deterring crime and decreasing property values, coc4e enforcernent officials also maintain the safety and well-being of the communi�y rr�embers by ensuring 'che main��nance c�� ha�itabie property conditians. Sifua�ions such �s hoarding eircur�stances, fire code viol�tions, and unsanitary living cor�ditions can put the health and lives �f residents �t risk. Enforcing ordinances such as fire codes, building codes, and general property standards is crucial and lifesaving. �/ifith irtcreasing fiinancial and housing concerns, the positior� €�f code enforcement officers is even more vital. Foreclosed properties and bankruptcies are on the rese, I making it difficul� for commu�ities to r�anage property conditior��. In some s��ations th� hor�e ov�n��s rn�y destroy �h� horn� �ut o� anger, rest�ltsr�g ir� vacan� ° p�operties full of clutter, tras�, and ever� biohazards. � �' � �� , � � :� � �� / ��- �� , �� , �r-(� 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 elimination 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 responsible 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 ov�rrn rr�ore than one Residential Property in Edgewater? You will be required to have one Business Tax Receipt and a Certificate of Use far 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 more 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 improvements 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 dete��ca�� will be required in each sleeping room, each hallway adjacent to the s��g rooms and at e�ach floor level. 9. Is the property o��er required to obtain permits for minor repair work? Repair work normally requiring permits will still require permits; however, many items usually noted for repairs are exempt from permits. Contact the Building Department at 386.424.2400 E�ct. 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 subject to a Citation and to a hearing before the Special Magistrate. This is a mandatory program for al) 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 fhe 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. 1 b. When will inspect�ons be done? fnspections wi[( b� performed Monday through Friday, between the hours of 9 a.m. and 4 p.m. 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 wili be an additional inspection fee that must be prepaid prior to the re- inspection date. 21. How much 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 will perform all required residential rental inspections. up �rtin ocur� ents � �� ::��1 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 t�.ezi.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. , �� ' � �� "' - �� ; � � ��L � u ��,.� � � � �� 1 - ---------«�``\ 2018 International property maintenance code 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 COMPENSATION 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 1 ! � �� i ;� �' r �� (,_ � �, ;:Wa,G;�%—tZ.�G� �' � �,� � � _�---- ��,� � �)' ORDINANCE NO.2018-0-23 ^� r ��. � AN ORDINANCE AlVIENDING AlVD RESTA�'AING CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS), ARTICLE I (IN GENERAL) IN THIS ENTIRETY; OF THE CODE OF ORDINANCES, CITY OF EI)GEWATER, FI�ORIDA; PROVIDING FOR CONFICTING PROVISIONS, SEVERABILITY AIeTD APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Cotuicil of the City of Edgewater, Florida, has made the following determinations: 1. Chapter 11 (Business Tax Receipts and Business Regulations), Article I (In General) is being ainended 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. W�IEREAS, during the May 7, 2018 City Council Meeting, the City Council had directed staff to draft an ordinance that would implement a Residential Rental Inspection Program and; WI3EItEAS, the puipose 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 1 �t�elc—�e�passages are deleted. Underlined passages are added. #ZOfl8-O-23 and/or owner certifications, identifying and requiring the conection of substandard conditions and; VV�IEREAS, on July 16, 201 S City Council reviewed the draft amendments to Chapter 11 (Business Tax Receipts and Business Regulations), t7iat included the addition of the Residential Rental Inspection Progam, and directed staff to place on the future agenda for Y►� �p Y c ] consideration of adoption_ ��" , �,�� ,�,�Cr'��.% � � , � ;��r's i��'��.ai�..� �;�, �.��";�st_ �� !°v:..� � ��zq�'.� �-��'Er��'�.�:v �=-��, 'T� NO�V THEREFORE, BE IT ElVACTED by the People of the City of Edgewater, Florida: PART A. AMEND AND I2ESTATE CHAPTER 11 (BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS), ARTICLE I (IN GENERAL)IN ITS ENTIRETY, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Chapter 11 (Business Tax Receipts and Business Regulations) is amended and restated pursuant to Exhibit"A", which is attached and incorporated herein. PART�. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or pai-ts thereof in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITy AND AppI,ICAgII,ITY If any portion of this ordinance is for any reason held or declared to be unconstitutional, uioperative, or void, such holding shall 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 applicability to any other person, property or circumstance. PART D. CODIFICATION 2 ��'��passages are deleted. Underlined passages are added. #2018-0-23 �� r� g � V �� / tl Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City .� � �.�--� of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided,however,that Parts B through F shall not be codified. PART E. EFFECTIVE DATE This ordinance shall take effect as of January l, 2019. PART 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 Ignasialc X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary Conroy X 3 �c-�e�passages are deleted. Underlined passages are added. #201 S-O-23 After Motion to approve by Councilman Conroy wit11 Second by Coiuicilwoman Power, the vote on the public hearing/second reading of this ordinance held on September 10, 2018,wa� as follows: AYE NAY Mayor Mike Ignasiak x Cotuicilwoman Clu-istine Power X Councilwoman Amy Vogt X Councilwoman Megan O'Keefe X Councilman Gary Conroy X PASSED AND IDULY ADOPTED this 10`�day of September, 2018. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWr�TER, FI,ORIDA 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 4 c'~��-��r passages are deleted. Underlined passages are added. #2018-0-23 EXHIBIT `�A" CHAPTER 11 BUSINESS TAX RECEIPTS AND BUSINESS REGULATIONS ARTICLE I. IN GENERAL Sec. 11-1. Persons subject to tax. A business ta�c 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 maintains a pernianent business location or branch office within the city for the privilege of engaging in or managing any business within the city. (Z) 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 t� 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 t� 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 ay-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 sha11 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 worlcing 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 tax shall be paid. Business t� 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 ta�c for the first month 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. 5 �1�passages are deleted. Underlined passages are added. #201 S-O-23 (b) Aiiy person who engages or manages any business, occupation or profession without first obtaining a business tatc 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 t1�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 limits; 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 original receipt, any busiuess tax may be transferred fi�om one location to another locatiou in the city upon payment of a trausfer fee of up to ten percent of the annual business tax, but not less than $3.00 nor rnore 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 enor. Sec. 11-5. -Revocation or suspensaon 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 operated in a manner that is not for the best interest, welfare, health, morals and safety of the communiry 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 exempt by state law from securing state and county business tax receipts shall be exempt from secttring 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 �1�-t-k�et�t passages are deleted. Underlined passages are added. #ZO18-O-23 more than one of the classifications contained in this schedule the person engaging therein shall be required to pay the tax required for each classification. The following annual, except as otherwise stated, designated business taYes shall be paid to the city by persons engaging in or managing or transacting the following businesses, occupations or profession within the city: (1) Abstr•act or title compariy $ $Fr$� 91.16 (2) Accommodations for rent including single and multifamilv residential homes, apai�tmefzts, motels, motor courts, cottages, hotels, boardinghouses, 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 3 0 rental units � 91.16 (e) 31 to 40 rental units ' '� 121.55 (� Each additional unit �3:13 24.31 License must be taken out for all rental units whether used or unused. (Does not permit dining room without restattrant license). (3) Addressing, mailiiag or duplicating 48:3� 42.55 (4) Adve��tising agency or trade induceinent company �}:4F 72.93 (5) Agents or agencies: (a) Collection agency �:5� 9116 (b) Credit reporting 77�9 60.78 (c) Booking agents �} 60.78 (d) Employinent �$} 60.78 (e) Private detective agency (must register with police department) $�$�- 91.16 (� Travel agents $�:$i 91.16 (g) Sectuity agency SC�S�- 91.16 (h) Mortgage broker ��i- 91.16 1. Each additional �,�-94 30.39 2. Stocks and bonds $�-8� 91.16 (i) Other �� 48 �3 (6) Alcoholic beverages, spirits, beer and wine(under state supervision), n/c state license required (7) Ambulance service (not connected with hospital or funeral home) $-�-A4 85.09 (8) Animals (a) Kenr�el, state license required �$4 85.09 (b) Boarding, state license required 5�84 85.09 (c) Grooming 4�� 42.55 (d) Pet sitting �34 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 �e��passages are deleted. Underlined passages are added. �, ^��.. =� ;,. .�.�`^ � t f�� _. #2Q18-O-23 '' ' ., . �� F� �'" , J� _.. __ �._: . � ; ,.r��-�,��' i�; `.>R .,��.�;s (c) 21 or more trailer spaces $§:S� 91.16 Sales '^� 151.94 (88) Transportation: (a) Chauffeurs, t�is, limousines or motor vehicles for hire: 1. 1 to 5 vehicles �?-8-9 60.78 2. 6 to 10 vehicles 5�,8� 91.16 3. Each additional vehicle �} 6.08 (b) Wrecker service: l. One vehicle 483-� 42.55 2. Each additional vehicle � 6_08 (89) Tf�ucking companies (fi�eight): (a) Each truck �,$:�94 30.39 (90) Unclassified � 60.78 (91) Utilities '�� 151.94 (92) Vendors, concession mobzle, health permit requu-ed 483-? 42.55 (93� Warehouse/Distribution - one truck 60.78 (al each additional truck 6.08 Sec. 11-8. - Punishment for 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 industiy in the city, without first making application and having procured a certificate of use for each location 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 industry 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 t�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 City Code and all other available legal and judicial remedies. c) Anyone other than a property owner making application for a certificate of use must provide a notarized property owner affidavit, The property owner affidavit makes the property owner aware that their tenant is applying for a business ta�c 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 �-erxg�passages are deleted. Underlined passages are added. #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 purpose 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 or mobile 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 purposes of ensuring and confirming continued compliauce with representations made to the ciry when such business applied to the city for land use or zoning approval. Sec. 11-9.1 Accommodations for rent-Residential. � Local business tax recei t re uired: It shall be unlawful for an owner of residential � probertv to rent or lease oi• offer to rent or lease (throughout this subsection the terms � �, "rent" and "lease" are s on ous� as are the terms "to rent or lease" and "to offer to `�� rent or lease"1 therein anv residential dwelling or dwellin�unit(s� whether sin�le �1 � farrul� duplex tnnlex, multi-fairulv apartment condominium etc unless a current ��\,� local busmess tax recei t and Certificate of Use therefore has been issued b the cit a �, copy of which is to be available at the structure in which the dwelling unit(s) is located .�.; � ;� �` There is no requirement for there to be a written lease or any evidence on monetarv , ,+ �avment to establish a rental arran�ement A rental arrangement shall be presmned to �; exist when someone is residm in a residential struchare who is not the owner of the ,,_� roperty and someone with an ownership interest is also not residing in said struclure at ��' the same time � Aranual inspectio�z reauir•ed: Each dwellin�unit licensed [permittedl for rental must pass an annual mspection The numose of the annual inspection shall be to deterniine compliance with the Ciry of Ed�ewater Code of Ordinances _�-""_. ,_. � C� Sl7ecial in5pection provi5ion5' ` � Special provisions for� properties served b�pf•ivate potable water wells Every year as part of the annual rental housing inspection the local business tax receipt holder whose nropertv is sub�ect to msnection but not connected to a public potable water supplv svstem shall provide to the code enforcement officei evidence that water from the nvate otable water source has been tested aud found sanitarv and potable tlu�ou�h a standard and customary bacteriolo�ical test done bv a state-cerhfied laboratoiv witlun tlu-ee (3) months of the date of mspection. 2� Special provistons {oY I7Y07721'tl2S served bv an onsite sewage treatme�at and dasposal svstem. As part of the annual rental housin inspection the local business tax recei t holder whose ro ert is not connected to a ublic sewa e 19 �-��passages are deleted. _� Underlined passages are added. #2018-0-23 t�-eatment and disnosal svstem shall nrovide to the code enforcement officer written evidence, from an authorized contractor that the sewa�e treatment and disbosal svstem has been pumped out and no deficiencies exist The sewa�e h•eatinent and disposal svstem shall be pumped out and inspected eve„ry 3 vears � RiQI7tS Of pYIVRCI� arad freedom {rom u�zreasonable search Each local business t� receint holder en�a�ed 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��ternational Propertv �� Maintenance Code,�ot e��hcable ordinan�ces an�d the supplemental prov.isions-_---, of this article, provided that the citv shall at all �irnes honor the rights of the local busmess tax receipt holder and the lessee as provided in this subsection• i. Inspections required under this subsection shall be made onlv bv a code enforcement officer. No law enforcement officer may accompanv a code mspector unless there is urobable cause to believe that the inspector's personal safetv is at risk durin� the inspection No other person may accornpanv a code mspector without the consent of the local business tax receipt holder or lessee ii. The code enforcement officer shall make his or her insuections during davli�ht hours, unless the code enforcement officer has made an at�pointment for another inspection 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 taY 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 person with a copy of this subsection iv. If the code enfarcement officer is denied admittance bv the local business t� receint 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 enfot-cement action shall be taken ��ti f' �� _� v. Notwithstandin� anv other enforcement provisions of chapter 11 of this �' ��` Code, whenever the code enforce men t o f ficer o bserves vio la tions co de enforcement action shall be taken. vi. The citv shall administratively adont an official rental housing inspection form, based upon the International Property Maintenance Code with a checklist of items to be noted bv the code enforcement officer This form shall be made 20 �e��passages are deleted. Underlined passages are added. #2018-0-23 available to the nublic Any rental housing inspection shall focus upon, but not �� , � e limited to the items set out on such a�hec�list. � �� 1' �___ . ._ ' �.-,-.-;A..�� ..:.._� � J s necessan y b -� -�_._ - � y � - �t�1 � �� Sec. 11-10. Definittons. s`�`�� '� �'�'�'�� n ��-' � � .- �-��,.�`�°�` .: �.G6dd..i��ac, �<., For the purpose of tlus article, the following terms, phrases, words and their derivati�ns shall ��`� °`"�' 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, eitlier du-ectly or indirectly. It shall not include the customary religious, charitable or educational activities of nonprofit religious, nonprofit charitable and nonprofit educational institutions in the city,which institutious 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 a�•e regularly conducted and carried on, and shall also mean church -� �� cemeteries. �3 ,� b) Educational institutions shall mean state tax supported or parochial, church and � �, nonprofit private schools, colleges ar universities conducting regular classes and courses of study ` '� required for accreditation by ar membership in the southern association of colleges and ti (��, secoiidary schools, department of education or the Florida Council of Independent Schools. ? °' Nonprofit libraries, art galleries and museums open to the public are defined as educational � � institutions and eligible for exemption. �`� � � Certifieate of use shall mean the method b which the cit y y g�-ants approval for any � business to occupy any office building, industrial or commercial building, apartment 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 ,�, j' 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 jtuisdiction. 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 naiure 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. Home oecupation 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 Arricle III, Secrion 21-34.01 of the City of Edgewater Land Development Code. 21 �te-�c�rr-e�tgk passages are deleted. Underlined passages are added. #2018-0-23 New business inspection shall mean the inspection made at the comrnercial location(s) or premises in which a business, profession, occupation, h•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. Pe�•son shall mean any individual, fiim, partnership,joint adventure, syndicate or other group or combination acting as a unit, association, corporation, estate, trust, business trust, 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 inean all lands, structures, places, and also the equipment and appurtenances counected or used therewith, in any business, and also a.ny personal property which is either affixed to, or is otherwise used in connection with any such business conducted on such prernises. PYofessional 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 (l4ccommodalions for Rent— Residential). A renta.l arrangement shall be presutned to exist when someone is residin� in a residential structure who is not the owner of the propertv and someone wrth an ownership iuterest is also not residin� in said structw-e at the same time. (see Section 11-9 1) Taxed or taxes shall include respectively the words "pei7nit" or"permittee" or the holder for a.ny use or period of time of any similar privilege, wherever relevant to any provision of this article or other law or ordinance. Taxing authority shall 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 Mauager 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 transferred 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 bttsiness 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 ��=etrg��passages are deleted. Underlined passages are added. #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 aud certificate of use is required for the t7�ansaction of business or the practice of a profession shall be evidence of the liability of such person to pay a business ta�c and certificate of use fee, regardless of whether such person actually t�•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 du•ectory or city directory or other 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) Soliciting business or offering goods or services for sale or hire. 3) Age�zts responsible for obtaini�zg business tcrx. 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 I�ave separate business tax. If any person operates any business at more tlian one (1) location, 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) Separate busiriess 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 departments relating to the issuance of certificates of use, the city shall administer the followuig administrative fees in an amount stipulated below: a) Reprint fee. 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. ^��'�;�-� �,�� 2,.��.�,�� ;Z,r�,�� b) Reinstatementfee. Any business/person who holds a certific te�of use that resttlts 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 arinual fees and other 23 ��passages are deleted. Underlined passages are added. #2018-0-23 delinquency charges. Sec. 11-11.3. Duties of licensing authority. 1) The licensing authority shall collect all business t�es and shall issue certificates of use and business tax receipts in the name of the city to all persons qualified under the 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 b ven therein as to character and other relevant matters for all necessary papers. c) Require applicants to submit all affidavits and oaths necessary to the administration of this article. d) Submit all applications, 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 duty of enforcing. e) Invesrigate and determine the eligibility of any applicant for a certificate of use and business t�receipt as prescribed herein. fl Norify any applicant of the acceptance or rejection of his application and, upon lus 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 enforceinent and carry out the provisions of this article. Sec. 11-11.4. Duties of tax payers. 1) General stafidard of conduct. 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 a11 times comply with all laws and regulations applicable to such taxed business. c) Refrain from operating the taxed businesses on preLnises 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. -- ; �� , 1 :-t �, .. ._ �� „ , „�,, � ,., ,J�; , � � —'� 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 tax receipt, special permit or insignia to the Development Seivices 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 authorized by the Development Services Director or by law any certificate of use, business tax receipt or 24 �Elc-�e�rgk passages are deleted. Underlined passages are added. #2018-0-23 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 constiued 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. l) 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 tax_ 2) Any business t� receipt issued upon any false statement made lulder oath shall be considered as void ab initio and shall not protect the holder thereof fi�om prosecution for t�•ansacting business without a tax. 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 __-_ -- __,. --- - - -------�_._ ____._ -- - - -- .__ __ prosecute. . _ _ - _ 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_orhotel until a certificate of use is issued by the City. Certificates of use may not be issued until the premises have�been inspected-and found to comply with all requirements of the 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 � ' � Business Tax Schedule. In addition, fees shall be paid to defray the cost of any required � s{J�+� � . ,,__...�_ __�,..�_ ��.____.___.�,,.�.,...�-..._�_ _:__.._----_�____...__ �,�=- inspection(s) and re-inspections as specified in the City of Edgewater Busmess Tax ScheduT�e:�� ` ��; r °—- ----------- � c) ��TTie licensing authority shall either revoke or temporarily suspend �� '�� the certificate of use of any owner/applicant where it is determined by the licensing authority �:�� ;i that: �� l� 1. The owner/applicant has misrepresented or failed to disclose material information required by this chapter to be included in the certificate of use application form; or 2. The owner/applicant, as part of the ov�nier/applicant's business activity within the Ciry 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 required by city or county laws; or 4. Habihial conduct has occurred at the owner/applicant's premises which violates city, county or state law; or 25 �1�passages are deleted. Underlined passages are added. #2018-0-23 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 ovv�7er/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 pretnises 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 odier than 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 (1Z) months. No new certificate of use shall be issued to the owner/applicant, or to any othei-finn in �� t wluch the owner/applicant or any of its stockholders is interested, for any premise during the '` -� term of such suspension or revacation. At the end of such period of suspension or revocation, � 1 the owner/applicant inay apply for a new certificate of use. ,�'` '' � d) A suspension�ot�exceedin�six_(6) months shall be imposed in cases where the i _ �: �<�.,. _..M ._. owner/applicant's violation is shown to be inadvertent and can be promptly,corrected.by the ,,,�°�,�'�' P� ; -_..__ -- _-� _ ___._ ,___.., P �� owner a ic1 an�a revocation of the certificate of use shall be im osed in all^other cases. � - '' e) If the licensing authority believes that an owner/applicant has engaged or is ��R �,�� engaged in conduct wa.t�anting the suspension or revocation of a cerhficate of use, he shall serve �"`'4 � j the owner/applicant by.�ertified mail or hand delivery at_his business address, a written notice to ��j the owner/applicant of facts or conduct which wan•ant the intended action. The notice shall sXate ,.---, �� what is required to be done to eliminate the violation if any. •��, r >'_� -, �`,,-�: ; , ,-,_�! \� " fl If an owner/applicant or permittee fails to comply with any notice issued as ` �^�� provided above, the licensing authority may 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 N,� ` issued. Violator may correct the violation and satisfy the fine or request a hearing before the ,�' e� f _. _. Cihzen Code_Enforceinent 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 real and personal property. ;r'� 2) All persons authorized herein to inspect businesses shall have the author�ity to en,�er�with . , ,� tit};� er without wartant, at all reasonable times the followin .��—_--" , -- �E � �:.�,:._._.�.,. , g premises: ,±. .; .� �'•, =----- 1 a a) Those for which a certificate of use is required. - -' ;::�� ,`� %� ' :�-�'-=' '„ ��4 � `�' , �F' ' :,�r=� b) Those for which a certificate of use was issued and which, at the time of ��`';l,�� 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 report all violations of this article or of other laws or ordinances to the licensing authority and shall submit such other t!, z , � . . > ,,--- � ...._�.:`�7v::� �,,._-L--��'�•......--". ___'—'. ._._. _._..___.._ ____ _ �, �. .,..��- ---__'__.__--. _._. C^..._ —...___„ _"__' `-_.e ----___'__..._'""—'____.. - � �°��"� 26 �t�l�passages are deleted. �tit , J { � =�,_ . ., ; ) Underlined passages are added. .� �;u;,,r=' (:�, =;;�,�,�,'>, ,-�";� reports as the licensing authority sl�all order. Sec. 11-13. Delinquent certificate of use; failure to obtain; penalty. Any person who violates the provisions of this article or otherwise fails to obtain or allows to .�.,, __—.,_--- expire the certificate of,_�.use as required by this article shall be subject to prosecution in the --�--..-,.._-.�.. manner provided by Florida Statutes, Chapter 162 or 166.041 S, and upon conviction, such person shall be subjec�to a fine, imprisonment, or both. �.._--------�...�, Sec. 11-14. Other certificates, taxes and regulations to be in addition to certifcate of use. The provisions of this article are cumulative and in addition to aIl other state, county and city laws which require certificates, taxes or permits, or provide for the collection of certificate, business t�receipt and permit fees, and other charges; and no certificate of use issued hereunder shall exempt the certificate of use holder from any other certificate, taxed, pernut, fee or tax required by law, or compliance with all applicable ordinances, iules and laws. Sec. 11-15. Schedule of certificate of use fees. Certificate of use fees are as follows: Original certificate of use: Residential: $31.50 Cominercial: $52.50 Accommodations for rent-Residential• $75 00 Certificate of use renewal: Residential: $20.00 Commercial: $31.50 Accommodations for rent-Residential: $65.00 Sec. 11-16. Suspension or revocation of certificate of use. a) A certificate of use may be suspended or revoked by the City on the following grounds: 1. The owner/applicant has misrepresented or omitted material facts or information on the certificate of use application; or 2. The owner/applicant, as part of the owner/applicant's business activity, has violated City, county, or state laws for the protection of public health, safety or welfare, and it is determined by the city that the continuation of the business activity would be detrimental to the public health, safety or welfare; or 3. The certificate of use issued depended upon the owner/applicant's complia.nce with specific provisions of city, county or state laws and the owner/applicant has violated sucll specific provisions of law; or 4. The owner/applicant has violated any provision of this article and has failed or refused to cease the violation thereof; or 5. The premises has been condemned by the local health authority for failure to meet sanitation standards or the premises has been condemned by local authority because the premises is unsafe or unfit for htunan habitation; or 6. The owner/applicant has been convicted of a crime involving moral turpitude, and 27 �t#�e�#passages are deleted. Underlined passages are added. #2�1�-0-23 such crime was committed withiu the course of a business activity regulated 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 confiiming continued compliance with representations made 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 grounds 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 authoriry of this article. 28 ��passages are deleted. Underlined passages are added. #2018-O-Z3 ' �,.�*4.. "� T '�' ��Ft x � ��, � ...R� .0,,�{� k r ',�7A�k � . �y,."�'..�'.�"'�_".�^^,r--._•.�-_.--.__ js',`�,� °'i�' � . . . "_ . �_ _.._,-� "'_' �� . , . . . . . ... . . � ¢ . ' . ?,'ii� �.C•.<�:': - ._ �jt]��{�y}�+ � t%.. 1 a+1y� „jt'7"FT �3a. -..:.�4 �. � � . � � { . ., '�. �?,� .-s+yr� y aQ' ��.. �'.. p��7. .�i . . ��•. \ ' b�. , ,,dY-... � ��:. ?�� S� :� 'j� T�+. . \s � �.a�M� '.....�. ', ; - � �� r W. �G� � �X_�.` ` `. t�+ '� , y �� r��1�• . f , i ? "��.�„�;� �d�� '�i � � , +! �+ ��;. j��, � , vTM�� ;� F a = , ,,' i, � �� , � �a�r ;p�ep� �� ;�' � ;„r" �' � E I �:.. "�� i �r'` �� `�*'. ��,�; f 1 � � g , ;� ' . �� y �^ 1"" �4�,� '��?r+... ' ��t I T �. t t �� i..�°'rwr d"f�;�r ` . � � � � � �'} p r r _. 41 ,� � �. !' S,{ "J t ___ 6 {`.�}y'. *xY I/.� 'F '� i i' � �,�� '� �� : '��Yt �ka . � : ! y+ a�r - 't � �y�y �a r� �� Grk� �"' 1� � �1�8�� .� �'��Fx�':�'�� r"� ��g �ai &��`o-�� ; i ? k(� �ip� ��,j� � � r��a ;, ��X� �� "y��C�, �"�� ,?�"`^��r�c. �' _ a ' } !y� ar „��c� �� + rr �?I� � ..� �'n�` � I � r 9 �;y,a';"�»�-`m�"y 4�m ��' ��:��ii.i�n,t x t } "� � � 1�,i.'��T �� ' A� ':;�� .�$Y t.3: .,...�I �M1.�j�t �4_ s„'s. f }( ,`..�. � :.r �..' ..'L.� ��((( �' 'L.� � Qr�„`� , .,5'"� .,�,��R�1 1 E�� .t 1 i.:.w��ry � t ' }t J � ,. -.2 ,� c.::::�..:i� ' , k„� 1 '_x�� ,�„, � �� r � �,,. ��-�' ' ''�� . . '; �� * �.��+�,,w a.:�,. ,.,�.._ ._. �>��' ,u��i°ei�r�b-- '�a�'�.�i�wa'"�"'^:�i c ;.. , �� -� �'t,.��" ri,�;.,�.�� ___, -----�--�..� __...__�_.__�._____ . ., .._._ �� F.:... .�.z,� � � , � �� , � ' � r. u �� , ' . , i ,• � � . � '�\ � As increasing number ot iocaiitie5 nave ena�tea PRi prog�ams, a number of strategies � ,: have emerged to address the above�hallenges and en5ure successful programs.We � i highlight a few below. ��; ��'a��r�a `: �� The most effective ' As described above,PRI pl'0[Jrams differ from locality to locality. eCific concerns � a�e taCgeted to IOC21 hoU5ing stock characteristi nsa edt ons program should '„� program5 roach,proactive code i p , of the community.In taking this app roups"9 In 5eattle,for example, � be designed with input from diverse stakeholder 9 ections to convene a ' artment of Building Insp the city council req��red the Dep which would ert Licensing antl Inspection 5takeholder Group, ection Ordinance1B0 The Residential Rental Prop Y With the assistance ' � ue recommendations for the Rental Registr�aVeo a si�x�-month period, ISS —� stakeholder group met almost a dozen_timeS - ut of all represented groups was carefully ,,�_J- of a professional facilitator and mediator.The inp 1' documented1e, ; ��G��;�eE��@�Pl � m �� s-��aE�� B�a�a ��,g��(� ��6 ��v ro rams bring code enforcement officers into ins ection p g laint-based programs' Proactive rental housin9 P ht out housinq inspections. a broader cross-section of residents eieso 9�omp contact with i�spections,allay including many residents who have not affirmativ e localities , ate tenants and landlords about ren of nspect ons,som In order to he�P educ 1ementatio bers and nonprofit organizations in the imp1ementation o resident concerns,and ensure effective imp , have involved community mem their p�o9rams. -�` ' r�, �- �t',•``' ' - ' ;i G'�.' i' . --' �� :�,�t: _ , -c. • �'•ri_. �_,._._- _ �~� . .".'''� , C�angeLab ,-;;t .e, 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 collaborative representative assists residents in preparing for inspections by educating residents about lead hazards and lead-safe work practices,providing information and referrals about blood lead testing and how to ; report unsafe repair work, listing potential defects,and informing residents of their legil rights782 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 y�,,' r;� for homes that were not pre-visited.'B3 �� ; p; .B� � Y++.,,.�,�""�, �qkrw;q�r. •. , t A"' `C " y �'. i�. .....C�'S F i�'3. �� "Ki � �A " �` ' � t;�'�"�3j�'" ��u��' � `� ? Similarly,with difficult cases,such as those involvi n g h o a r d i n g,o v e r c r o w d i n g,o r p o t e n t i a l , ��.�f� '��';'�r'�`P;, ; ; displacement, housing inspectors should collaborate with social and legal services , � �' ��a� -°�,�;�,r,�:�,,��-�,��;'��« �;; a g e n c i e s a n d c o m m u n i t y o r g a niza tions,w hic h can assist tenants by helping them access .��o- �f y`'. +d'� , ��t i"tic�� `V ��. �'� � �`��.��:��4 ��'�� critical supportive services. ��, � r ^ 4� �� .l.�. ,r �.�y`Y �,�1... .., s:� � .,t�.- -v �;,� . 1 , d�:Xg.'.ti �T � � . y� �� "� .:� n6 �.�ur.,aG �� .�� t..�2� �'°,��1_�, 'u',— ��'�Ff$h�et �f�r�6P��'d� �'�E° �Q�� 1i�us�G°��'f�E�'fPZ� vl:�V�e"' +`�`;r�' ^- `"_�.' '�.I° �: , .�i �� + � ��t � - _ - s..d ,� As proactive rental inspection programs bring inspectors into wider contact with � ° q � -F �,t�, h�•'-� ,'" residents,it is very important that officers be abfe to interact effectively with a diverse µ �"F��73.�.� � � �`h'`<:=� population.In tandem with im lementin p p g � . 9.z� p g proactive rental ins ection ro rams,Iocalities � �;�: can provide training to code enforcement officers to ensure that they are prepared to: s, � ` } =� '�,' , '��'-, � �t'x '�� conduct inspections in a culturally sensitive manner;be attentive to the special concerns ;; , �. . ': � �9 -°i '�� f��• �• of particular groups(e.g.,seniors,undocumented persons);and employ effective '�S� � "'k�+�f.i � ,4 j � � strategies to overcome language and other communication barrlers. In particular,havinq - , �'+ �� t� multilingual inspectors and support staff ensures that all tenants are able to communicate -"� . ,�r.,,;"�-� effectively throughout the inspection process. � The Boston Inspectional Services Department briefs and trains other city staff who might � intera�t with the program,such as the building division. Division heads are briefed on the � program's budget,staffing,and operations at biweekly meetings.184 ; ��i�� ds��i��s ��s��u� ��a� ��a�,a�vr�� F.��6�� ,�;�a�8�5°�� eu� �'��ai:s 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 proqrams 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 pub�icity campaigns,including billboards,posters �__,._.-_._._.______-..___ -— on bus shelters,185 and notices o�roperty tax and water bills.'06Los Angeles conducts a ------__.�.-.._____---�� _..-- : full range of workshops and monthly drop-in sessions to address questions.187 Sacramento requires that owners distribute city-approved forms concerning tenants'rights and I iJ fl�i� ��':{.i� I 1�.4!(i� l.'i t l�, �,I°�i�t! f�l �7J�i�n�.ih��lj.��iy�7�'�I ! �..I r!� � . � . . >_;;��t�.._�l.�'. ;..�.., L L: ; ��iangeL�b� ,�;, � �. .. � �I'S ' responsibilities before the commencement of a , j� mayor s office,Boston's Inspectional Services D partme t ho ds mt nthl p andlo�the to discuss the rental re gistr a t i o n p r o g r a m an d inspection process.These se ' � d�emina , scheduled in the evening to encourage attendance. minars are ��. ' '� � 189.190 ; w i t h a l o c a l community college to develop an online train�a n s a s C i t y, K S,staff are H�orking �; Programs should also work with tenant housinq organizationp n9d le f�r landlords.19� � to ensure that tenants can understand and assert their rights, gal aid orqanizations ��,,'g�/ �'� � ��8��,��a� ��s�a�9�a��,r�o , � ��€��E�� Finally, PRI programs can be more effectively impiemented when the lo , place complementary programs to address related housing issues. cality also puts into � � �� Funded relocatlon:Funded tenant relocation I r�j�� ; displacement resulti�from code CnfOrCefpent effp�-ts d eSn t r SU�tenp ensure that i ��l " ., _�_ �and homeiessness,wr,;cn nave significant negative health im 192,193,19A �� 3�1 �''. housing instability [� ;��' � example,has a Tenant Relocation Assi5ta11Ce Proqram, whichp n itle �os Anqeles,for assistance from t h e p r o p e r t y o w ner to find new housi ,9s s a t e n a n t t o f i naricia l i"' provide different levels of funding for tem orar and ne Often, relocation programS Will instances, owners ma be unable or unwill n to p rmanent displacement. In some Y -�r af all. For this reason,and because low-incorr�e tenants oon fees to tenants promptly ';: move readily, it is critical that localities set aside designated fund ften lack sufficient assets to �� landlords cannot.Municipal relocation ordinanc s to pay tenants when lien on the es sometimes allow the lo�alit to property to recoup these relocation payments fro y place a m the owner. i.:;:.�, � � , . __ , .Mwy,tti�� ;:i+., aw".r, -._. , i . �� , �+.n.,+.,. ��:.: , � .; -_.____... , . �, . . �� . }.,W.�.. . �� ' . '� .,.dµ, . f 5 ?�` � s ' 1'�'^�F`�rt%".;,T . [ � ��/ -+a�y.u� �� _ :: � p.,>�" � . a . � � �.,.� 2 " +�, � T��k )t�.�'.X �: � � `4 � � �r�'aJ�:'�� s' �a I � x°x . �� '°'.;q��: � .':1:': ��i, � ^�' L�a ,. w ; � . � ' � t�.��`t '�4w pj.7_'.�'�n,j' �.,,�,, ��°�ly` � �� . � r � ,. .�re� i�.� �.;� 7 �tG"",� � a,� �� :. . � r a�� . �` ��a� t� . . '��'. .. - � �.». �r;�'.r ��i h�� _� k �.� .,j .. ff �� .. �"y . �� 5;.� �� ao�� Z`,5�`,`m' � i.+ � ,�' 1, � ', t i ( ti""' '.Iy. � � i+y � ..� D �4�� 4 p,2�1a� I g. 4 A qe,��^., . . yp� �w� � T {r�W �'� y a�. {i�.. Y"S""J' X ..� � � h�� X1��, I r1 �� p �.. ry� ��f. f +� N��j ., j � � � �x� ° � , � �'� �' , �� ` � ,._ �.1 � � I � �� _� � F � �!y�� t" y��"`y r�. '�'� ;M��y, �o�,' �x;..� ��a.�( 1 7 � " 'C'Kc� 'ti� I ? � �� r�,�� i�� l4�,lu�d � � t 1 � �� ,�y �f�� 1: : ,� + , � w,�:�a ; �.:7 sq,�, � � � ; p�,� , � �� # ° � ..,v"� 1 �� "#+,N�� ^,Z. .^ � �� ' `k � ... � � �, 1 °��1.},e��"§ Yb.�� '�A,�� b 'Y,�m� � . x � Y��.@ w . G *@P�,�&'d h�Y d 4 km. i�� #�� q' pv��t��'��, a �� ;e �� ¢s �a �ax�w��"� T� �w k 7 r ; � �� .:_-_ ;� �'"� ,�, n a, � �� r� a�xi�'�� a�! � � �� r�r�� . l d s \ r_1 � ' r , `��.�rt��'��Y a' � 4� ;._ f � . , , _ _ ..,. � -- ._ � ."' �`� :ir=�� . j� � � ' , . �`, ;r .., �'_„--,�._ `��c;�rfJr {-�__...__ �_�.. . � .. ._—___. �--,�_ ( 'l . �Fia�geL�b' ... _ .�SW:� F�J � ��i,�� Z7„I �;� ' � �, Financ(al assistance for�ow-Income landlords to make repairs:There are some �,..� ��J .� 't � �` �� instances where low-income property owners may be unable to make repairs on rental �,� ``�� ,�� `�;,,f properties,a situation magnified by the recent mortgage and credit crises.Finan�ial �,4�� ,+t. assistance for low-income landlords can help ensure that needed repairs get made. �' � �� ` Rent control: As mentioned in the previous section,tenants may be subject to rent � �~`,�� increases after a landlord conducts repairs to bring a unit into compliance. In some . ) '�+ `,` ; localities, where permitted under state law,rent control laws may protect tenants from 6��,r�; �''�'� 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 capital 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.79' Public access to code violation information: By provfding 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 compliance19d Boston will maintain an online, searchable Chronic Offenders Registry that includes a list of landlords who regularly faii to 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 Vegas, NV; Kansas City,M0;Gary and Bloomington, IN;Olathe, KS;and Bayside,WI.201 i _. . ,, _.� u. �+iis�,._ !:� ,. .-� . , s(i"'�fr _ i:� . ��,i� ,?l:, __. a ��e�r�g�Lab ;�; , ._ Health and housing are tightly connected.To protect residents from an array of housing related health risks-such as asthma,allergies,lead poisoning,and injury-localities must ensure that local housing stock is weil-maintained and in comptiance with applicable ; housing and property maintenance codes.Proactive rental inspection programs can effectively achieve this by:addressing housing conditions before they become severe; protecting vulnerable tenants who often fall through the cracks of a complaint-cased , system;and preserving critical housing 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-qround 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. � � � _ . , . , , , ._ �, . . '., .�i,,...':� ' !i ��J�:i�.�:J I.11 �...:r': .:il' � i.- ., 3 L`.:. ) � . . . . . . ...�. I i)�lC.. � . � ��1.� ..�il:� _.. .. r _ `��-��:�i�angeLab = -:� .. ,: � 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 Proqrams).All affiliated with ChangeLab Solutions. Reviewed by Emile Jorgensen(Childhood Lead Poisoning Prevention Program at the Chicago Department of Public Health),Jane Malone(National Center for Healthy Housing), Lindsay Norris Brown (Alameda County Healthy Homes Department),and Nicole Thomsen (Environmental 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 ChanqeLab Solutions. Support for this document was provided by a grant from the Kresge Foundation. � 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 legal representation.For legal 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), FllckrCC/Mary_Vican(p.17),FlickrCC/NewtownGraflttl(p.26),Fli�krCC/ohad(p.9),FlickrCC/FrankPeters,FlickrCC/ susieq3c(p.14).FlickrCC/taberandrew(p.6),FlickrCC/Tom-in-NYC(p.8),Fli[krCC/USACE_HO(p.7),FlickrCC/ USDAGov(p.27)and Housing_qardening-morguefile.com(p.24). ,. � (;,.� :r�{_ , ... �. '+ n ,, !�-,. .�c:�� ;r� ��; _. _ ,