Chapter 8.13
RENTAL PROPERTY PROGRAM

Sections:

8.13.010    Statutory authorization.

8.13.020    Landlord requirement.

8.13.030    Requirements.

8.13.040    Landlord responsibilities.

8.13.050    Inspections.

8.13.060    Other inspections.

8.13.070    Violations.

8.13.080    Exemptions.

8.13.010 Statutory authorization.

The provisions of this chapter shall be deemed to be an exercise of the power of the City of Airway Heights as provided for under Chapter 59.18 RCW and other laws of Washington. (Ord. C-536, 2003)

8.13.020 Landlord requirement.

No landlord shall make available for rent or lease to the public any residential dwelling unit without complying with Chapter 59.18 RCW for each dwelling unit available for rent or lease within the City. (Ord. C-536, 2003)

8.13.030 Requirements.

As a condition for the rental of property in the City of Airway Heights, the landlord shall provide a tenant rental applicant with a written statement of their rights under the Landlord-Tenant Act, Chapter 59.18 RCW. The landlord will comply with the standards of the Uniform Housing Code at the time the dwelling unit was manufactured or built and will not present conditions that endanger or impair the health or safety of a tenant including:

A. Structural members that are insufficient in size or strength to carry imposed loads with safety;

B. Exposure of the occupants to the weather;

C. Plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury;

D. Lack of water, including hot water;

E. Heating or ventilation systems that are not functional or are hazardous;

F. Defective, hazardous, or missing electrical wiring or electrical service;

G. Defective or inadequate exits that increase the risk of injury to occupants; and

H. Violations that increase the risks of fire. (Ord. C-536, 2003)

8.13.040 Landlord responsibilities.

To facilitate the availability of a unit for occupancy by a tenant, the landlord will inspect the unit with each applicant, at the time of application. The inspection by the landlord will include the eight points as outlined in AHMC 8.13.030. The landlord is to retain proof of inspection bearing the tenant’s signature and date, for the duration of the tenancy. Said proof is to be provided to the City or its agent upon written request. The landlord is to provide all new tenants with a written statement of the tenant’s rights as described in Chapter 59.18 RCW. (Ord. C-536, 2003)

8.13.050 Inspections.

The landlord is required to carry out any of the duties imposed by RCW 59.18.060. Upon discovery of a violation, a written notice may be given to the landlord, owner or agent by the Code Enforcement Officer or his representative. If the City of Airway Heights Code Enforcement Officer receives a request from the tenant to conduct an inspection as outlined in RCW 59.18.115, the tenant must first show an attempt to contact the landlord in writing about a violation and have allowed the landlord reasonable time to address the issue in order to initiate the process outlined in this section. If the landlord fails to address and fix the alleged violation, the City shall give the landlord at least 24 hours’ notice of the date and time of inspection and provide the landlord with an opportunity to be present at the time of the inspection. The landlord shall have no power or authority to prohibit entry for the inspection.

Upon a determination by the City that a violation of this chapter has occurred, the City shall issue a notice of violation to the landlord, owner and/or agent. The notice of violation shall state the matter which is not in compliance with this chapter, the date when compliance shall be achieved and the right to request a hearing.

A hearing shall be requested within 14 days from the required date of compliance. Upon receipt of such request, the City shall provide a notice stating the time, location and date of the hearing. The City shall mail this notice, by certified mail, with five-day return receipt requested to the property owner of record as shown in the records of the County Auditor. (Ord. C-536, 2003)

8.13.060 Other inspections.

Nothing herein shall preclude such additional inspections by the landlord or as may be conducted pursuant to the tenant remedy provided by RCW 59.18.115 of the Residential Landlord-Tenant Act; at the request or consent of a tenant, or issued pursuant to a warrant. (Ord. C-536, 2003)

8.13.070 Violations.

A. Any person failing to comply with any provisions of this chapter shall be punished by a fine of not more than $250.00 and shall be guilty of a code infraction. Each such person is guilty of a separate code infraction for each and every day or any portion of a day of which any violation is committed or continued beyond the compliance date. For an identified violation relating to the same subject matter on the property, the City shall not impose nor seek fines which exceed a total of $5,000. Depending upon the nature of the violation and its threat to health and safety, the Hearing Examiner in lieu of or in combination with fines may use as a guideline RCW 59.18.070 for establishing a modified schedule for compliance.

B. Any person who knowingly submits falsified information upon which an inspection is issued shall, in addition to the penalties provided in subsection (A) of this section, be guilty of a gross misdemeanor and shall be punished with a fine of not more than $5,000 or by imprisonment for a period of not more than six months, or both.

C. Any violation of this chapter, including the determination by the City, after an inspection of the dwelling unit, that a condition exists which substantially endangers or impairs the health or safety of a tenant, may, in addition to the penalties provided above, result in the issuance of a notice of civil violation by subject to the penalties as imposed under provisions of this code. (Ord. C-536, 2003)

8.13.080 Exemptions.

The following property types that are exempt from this chapter are hotels, motels, corporate housing, corporate suites, extended stay housing, bed and breakfasts, owner-occupied dwellings, mobile home parks and/or lots where only spaces are rented, as well as the exemptions included in RCW 59.18.360. (Ord. C-536, 2003)