Chapter 5.64
RENTAL HOUSING
Sections
5.64.010 Findings.
5.64.020 Definitions.
5.64.030 General license requirement.
5.64.040 Crime-free housing endorsement requirement.
5.64.050 Grounds for denial of business license or crime-free housing endorsement.
5.64.060 Rental housing license suspension or revocation.
5.64.070 Crime-free rental housing program.
5.64.080 Crime-free housing endorsement fee.
5.64.090 Crime-free housing revenue account – Dedication of revenue.
5.64.100 Penalties.
5.64.110 Hearing examiner appeal.
5.64.120 Mandatory review.
5.64.010 Findings.
The recitals set forth in the ordinance codified in this chapter are by this reference incorporated herein as the city council’s findings. [Ord. 1351 § 1, 2004.]
5.64.020 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Certificate of completion” means a written certificate from the city of Des Moines police department issued to the owner/licensee of a rental housing facility or to the owner’s/licensee’s designee who actively manages the rental housing facility attesting that the owner/licensee or designee has successfully completed the city of Des Moines police department’s crime-free rental housing program or has provided evidence, satisfactory to the city of Des Moines chief of police, of successful completion of an equivalent program conducted by a Washington State law enforcement agency.
(3) “Certified crime-free rental housing property” means a rental housing facility that is in total compliance with all of the provisions of this chapter and has received a written certificate from the city of Des Moines police department attesting that:
(a) The rental housing facility has had no police calls for service during the previous year; or
(b) The number of police calls for service to the rental housing facility has been significantly reduced during the previous year.
(4) “Crime-free housing endorsement” means a written certificate or a printed endorsement on the business license attesting that:
(a) The owner/licensee has paid the city of Des Moines crime-free housing endorsement fee in addition to the business license fee;
(b) The owner/licensee or the owner’s/licensee’s designee who actively manages the rental housing facility has completed the requirements of the city of Des Moines crime-free rental housing program; and
(c) The owner/licensee and the rental housing facility are otherwise in compliance with all of the provisions of this chapter.
(5) “Operate rental housing” means creation of a possessory interest in residential real property in another party by a lease, sublease, express or implied rental agreement, or tenancy from period to period, for the purpose of gain or profit.
(6) “Rental housing facility” means rental housing of one or more “rental units” under the same ownership and management on the same or contiguous property.
(7) “Rental unit” means any structure, building or place or part of a structure, building or place suitable for habitation with a separate entrance and exit that is rented by the owner to another and used as a home, residence, or sleeping place by one or more persons, including but not limited to a single-family home, room or apartment, e.g., a house is one rental unit, a duplex is two rental units, a fourplex is four rental units, etc. [Ord. 1351 § 2, 2004.]
5.64.030 General license requirement.
Except for those organizations that are exempt from business license requirements under DMMC 5.04.050, it is unlawful to operate rental housing in the city of Des Moines without a business license issued pursuant to chapter 5.04 DMMC. A separate license is required for each rental housing facility and the licensee shall be the owner of the rental housing facility. [Ord. 1351 § 3, 2004.]
5.64.040 Crime-free housing endorsement requirement.
(1) Beginning January 1, 2005, in addition to the general business license required by chapter 5.04 DMMC it is unlawful to operate rental housing in the city of Des Moines without a crime-free housing endorsement issued pursuant to this chapter.
(2) A separate crime-free housing endorsement is required for each business license for each rental housing facility within the city. [Ord. 1351 § 4, 2004.]
5.64.050 Grounds for denial of business license or crime-free housing endorsement.
No business license or crime-free housing endorsement shall be issued to any applicant:
(1) Who has been convicted, or who employs any management personnel who have been convicted, within the previous one year, of a misdemeanor or gross misdemeanor that relates directly to the operation of rental housing;
(2) Who has been convicted, or who employs any management personnel who have been convicted, within the previous five years, of a felony that relates directly to the operation of rental housing; or
(3) Who has been or who employs any management personnel who have, within the previous two years, been subject to a civil judgment based upon fraud, misrepresentation, violation of the Washington Consumer Protection Act or similar state or federal statute, or any other judgment or cease and desist order relating to business activities. [Ord. 1351 § 5, 2004.]
5.64.060 Rental housing license suspension or revocation.
The city manager or designee may deny, suspend or revoke a business license or the crime-free housing endorsement with cause, including, but not limited to, the following:
(1) Procurement of the license or endorsement by fraud or misrepresentation;
(2) Failure to comply with any of the provisions of this chapter, or any other city ordinance;
(3) Conviction of the owner/licensee, or any of owner’s/licensee’s management personnel, of a crime, or entry against the owner/licensee or owner’s/licensee’s management personnel of a civil judgment or consent decree which bears a direct relationship to the operation of rental housing;
(4) Causing or permitting a public nuisance, as defined in chapter 9.64 DMMC;
(5) Engagement in, permitting, or acquiescing in unlawful activity at the rental housing facility by the owner/licensee or the owner’s/licensee’s designee who actively manages the rental housing facility;
(6) Noncompliance by the owner/licensee or the owner’s/licensee’s designee who actively manages the rental housing facility with any notice and order with regard to a violation of this chapter; or
(7) Continued operation of rental housing that will, for any other reason, result in a substantial danger to the public health, safety or welfare. [Ord. 1351 § 6, 2004.]
5.64.070 Crime-free rental housing program.
(1) The city has established and will continue, through the Des Moines police department, a “crime-free rental housing program” that will be an active coalition of property owners, managers, residents and law enforcement with the goal of reducing crime and improving the quality of life for residents of rental housing. The crime-free rental housing program shall consist of the following three phases:
(a) Phase 1 – Workshop. Property owners, managers and leasing staff will receive a minimum of an eight-hour workshop that will include training on rental applications, rental agreements, tenant screening, evictions, Section 8 housing, working with the police, criminal background checks, drugs in your rentals, and crime prevention through environmental design (CPTED).
(b) Phase 2 – CPTED. The Des Moines police department’s crime-free liaison officer will schedule a “crime prevention through environmental design (CPTED)” walk-through and inspection of the rental housing facility to identify for correction those areas that may pose a security or safety issue.
(c) Phase 3 – Safety Social. A community meeting will be held to inform tenants of the effort of the management team and the police department and how they should participate, to address community specific issues and the crime-free lease addendum, and to present new crime prevention techniques and practices.
(2) Each owner/licensee of a rental housing facility with a crime-free housing endorsement, or the owner’s/licensee’s designee who actively manages the rental housing facility, shall attend and complete, at least every three years, the Des Moines police department’s crime-free rental housing workshop or shall provide evidence, satisfactory to the Des Moines chief of police, of successful completion of an equivalent program conducted by a Washington State law enforcement agency.
(3) The owner/licensee of every rental housing facility within the city, or the owner’s/licensee’s designee who actively manages the rental housing facility, shall, on or before each annual renewal of the rental housing facility’s business license and crime-free housing endorsement:
(a) Schedule and complete the annual CPTED walk-through and inspection of the rental housing facility by the city of Des Moines police department; and
(b) Schedule and conduct the annual community safety social for the rental housing facility.
(4) For those rental housing facilities for which the initial crime-free housing endorsement will be issued on January 1, 2005, each owner/licensee or designee shall complete the crime-free rental housing program on or before December 31, 2005.
(5) After January 1, 2005, any new owner/licensee or designee shall have six months from the date of acquisition of the rental housing facility to complete the crime-free rental housing program.
(6) Upon successful completion of the crime-free rental housing program, the owner/licensee or designee shall receive a “certificate of completion” from the city of Des Moines police department attesting that the owner/licensee or designee has successfully completed the crime-free rental housing program. [Ord. 1351 § 7, 2004.]
5.64.080 Crime-free housing endorsement fee.
(1) The crime-free housing endorsement fee for the business license year starting January 2005 shall be $100.00 per rental unit.
(2) The crime-free housing endorsement fee for the business license years 2006 and thereafter shall be set by the city manager based upon the recommendation of the city of Des Moines police chief, whose recommendation shall be determined by the actual costs of administration of the crime-free rental housing program.
(3) The crime-free housing endorsement fee shall be for the business license year, as set forth in DMMC 5.04.040, and each applicant must pay the full fee for the current license year or any portion thereof during which the applicant has engaged in the operation of rental housing.
(4) The crime-free housing endorsement fee required by this chapter is in addition to the general business license fee required by chapter 5.04 DMMC. [Ord. 1351 § 8, 2004.]
5.64.090 Crime-free housing revenue account – Dedication of revenue.
(1) There is established a “crime-free housing revenue account.”
(2) Revenue generated from crime-free housing endorsement fees shall be dedicated to the administration of the city’s crime-free rental housing program, including all costs and overhead related to the enforcement of all codes to which rental housing facilities are subject. [Ord. 1351 § 9, 2004.]
5.64.100 Penalties.
(1) Beginning on July 1, 2005, for every police service call involving gang, drug or vice related activities or any other serious and significant criminal activity as determined by the chief of police, the owner and tenant of the rental unit requiring the police service call shall be assessed, jointly and severally, the actual costs of the police service call or $50.00, whichever amount is greater.
(2) Any rental housing license or endorsement fee due and unpaid under this chapter, and all penalties and assessments imposed by this chapter may be collected by civil action, which remedy shall be in addition to any and all other existing remedies and penalties.
(3) Operating rental housing within the city without a business license and a crime-free housing endorsement is a class 1 civil infraction. [Ord. 1351 § 10, 2004.]
5.64.110 Hearing examiner appeal.
(1) Any person or business who has been assessed a penalty under this chapter or whose rental housing license or crime-free housing endorsement has been denied, suspended or revoked may appeal to the hearing examiner from such finding by filing a written notice of appeal with the city clerk or designee within 10 calendar days from the time such business was given notice of such denial, suspension or revocation.
(2) Appeals from a penalty assessment or from the denial, suspension or revocation of a rental housing license or endorsement under this chapter will be governed by the provisions of chapter 18.94 DMMC. [Ord. 1351 § 11, 2004.]
5.64.120 Mandatory review.
This chapter shall be brought before the city council for a mandatory review no later than five years after its effective date. [Ord. 1351 § 12, 2004.]