ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SALISBURY TO REQUIRE THE REGISTRATION OF RENTAL DWELLING UNITS AND OWNERS PERMITS; TO PROVIDE FOR COMPLAINT- BASED AND RANDOM INSPECTIONS OF RENTAL DWELLING UNITS; AND TO AUTHORIZE ENFORCEMENT BY CITY OFFICIALS.
WHEREAS, the City Council of the City of Salisbury finds that:
(a) A substantial and increasing number of Salisbury citizens reside in rented premises;
(b) The physical condition of rented residential premises and the use and occupancy thereof affects the quality of life in residential neighborhoods and the value of property generally, and homes in single-family neighborhoods in particular;
(c) Regulation by means of a one-time registration fee per dwelling unit and the requirement of an annual rental business license together with random inspections to monitor and insure compliance with applicable Code requirements will protect the health, safety, and welfare of both the occupants of rental dwelling units as well as the public at large;
(d) Most chronic problem rental dwelling units have the following characteristics in common: lack of maintenance responsibility by landlord, owner-occupants and tenants; deteriorating maintenance and repair conditions; and declining neighborhood property values;
(e) It is appropriate to obtain some of the required funds for said regulation by imposing a one-time rental dwelling unit registration fee and an annual rental business license fee upon owners of rental dwelling units;
(f) The City desires to create a data base for addressing housing complaints and random inspections of rental dwelling units;
(g) The City desires to inspect the outside and inside of rental dwelling units for housing code violations.
NOW, THEREFORE, IT IS ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, that the Salisbury City Code be amended by repealing Ordinance No. 1885, and by adopting a new Chapter 15.26, in regular session, as follows:
CHAPTER 15.26
RENTAL OF RESIDENTIAL PREMISES
15.26.010 Scope.
The provisions of this Chapter govern rental dwelling units within the City of Salisbury.
15.26.020. Definitions.
The following definitions shall be used in the construction and interpretation of this Chapter.
“Dwelling Unit” means a single unit providing living facilities for one or more persons, including permanent provision for living, sleeping and sanitation.
“Rental” means leasing or allowing occupancy or usage of a dwelling unit, either directly or by an agent, in consideration of value, including personal services, paid or tendered to or for the use or benefit of the lessor.
15.26.030. Rental Dwelling Unit Registration.
A. The owner of all rental dwelling units shall register each unit by filing a registration form with the Department of Building, Housing & Zoning. The registration fee for each unit shall be set by resolution of the Council from time-to-time. Registration forms shall be provided by the Department of Building, Housing & Zoning.
B. All registration fees shall be paid at the time the registration form is filed with the Department of Building, Housing & Zoning, unless the owner owns more than one hundred (100) rental dwelling units. The owners of more than one hundred (100) rental dwelling units shall pay the initial registration fee in four (4) equal quarterly installments within twelve (12) months of registration.
C. Initial registration of all existing rental dwelling units in R-5, R-8 and R-10 zones in the City shall be complete by April 30, 2004. Initial registration of all other existing rental dwelling units in the City shall be complete by June 30, 2004.
D. Registration of other rental dwelling units shall occur one (1) month after:
(1) the rental dwelling unit is annexed into the City; or
(2) the rental dwelling unit receives a use and occupancy permit; or
(3) title to the rental dwelling unit is transferred to a new owner; or
(4) the dwelling unit is converted to rental use.
An owner shall notify the City when a rental dwelling unit is converted to non-rental use.
E. Failure to timely register a rental dwelling unit shall result in the issuance of a non-registration fee as adopted by resolution of the Council from time-to-time. If the full amount of fees due to the City is not paid by the owner within thirty (30) days after billing, then the Director of Building, Housing & Zoning shall cause to be recorded in the Finance Department the amount of fees due and owing, and such amount will be carried on the records of the City of Salisbury and shall be collectible in the same manner as real estate taxes are collected.
15.26.040. Annual License for Rental Dwelling Unit Owners.
A. Each legal entity, e.g. individual, partnership, corporation, which owns a majority interest in a rental dwelling unit or units shall obtain a license from the Department of Building, Housing & Zoning on or before May 30, 2004. After that date, a legal entity which receives title to a rental dwelling unit or units shall obtain a license from the Department of Building, Housing & Zoning within thirty (30) days of the date the legal entity receives title to the rental dwelling unit or units.
B. License forms shall be provided by the Department of Building, Housing & Zoning. If inaccurate ownership information is provided to the Department of Building, Housing & Zoning, then the legal entity will be assessed a fee of $50.00.
C. Licenses shall be renewed on an annual basis on or before March 1st of each year. The license fee shall be set by resolution of the Council from time-to-time. If the full amount of any fees due to the City is not paid by the owner within thirty (30) days after billing, then the Director of Building, Housing & Zoning shall cause to be recorded in the Finance Department the amount of fees due and owing, and such amount will be carried on the records of the City of Salisbury and shall be collectible in the same manner as real estate taxes are collected.
D. If the legal entity owning a rental dwelling unit is not domiciled in Wicomico County, Maryland, or within a toll free telephone calling area of Salisbury, Maryland., the legal entity must have a designated agent for service of notice and process by the City, who is either a permanent resident of Wicomico County, Maryland, or within the toll free telephone calling area of Salisbury, Maryland. The agent shall not be a tenant of the owner. The agent must be an individual who is designated in the owner license application form with the City. If such agent shall resign, fail to be qualified to serve as the agent, or cease to serve in that capacity, then the legal entity shall designate another individual as the agent on the owner license application form within thirty (30) days thereafter.
15.26.050. Inspection of License.
Licenses issued under this Chapter shall be made available for inspection upon request by the Department of Building, Housing & Zoning.
15.26.060. Inspection of Premises.
A. After the City receives a complaint about the Code compliance of any rental dwelling unit, the City may inspect the rental dwelling unit. Inspections may also be initiated from inspector observations. The inspection shall occur after notice has been furnished to the owner and occupants of the rental dwelling unit. The notice shall be sent by mail or by affixing the notice to the rental dwelling unit in a conspicuous location. If the City’s inspector shall be denied access to the rental dwelling unit or any part thereof that is appropriate for inspection, the inspector may obtain an administrative search warrant to gain access.
B. In the R-5, R-8 and R-10 zoning districts, the City will perform random mandatory inspection of rental dwelling units. The Department of Building, Housing & Zoning shall implement a procedure for random mandatory inspections.
C. The first inspection of a rental dwelling unit shall be without payment of a fee. The second inspection and any subsequent inspection shall require the payment of a fee by the owner of the rental dwelling unit pursuant to a fee schedule adopted by resolution of the Council from time-to-time. No re-inspection fee will be assessed for the initial re-inspection if all repairs are complete.
D. If the full amount of fees due to the City is not paid by the owner within thirty (30) days after billing, then the Director of Building, Housing & Zoning shall cause to be recorded in the Finance Department the amount of fees due and owing, and such amount will be carried on the records of the City of Salisbury and shall be collectible in the same manner as real estate taxes are collected.
15.26.070. Administrative Search Warrant.
A. An inspector authorized by the City to inspect any rental dwelling unit may apply to a judge of the District Court of Maryland or the Wicomico County Circuit Court for an administrative search warrant to enter and inspect such rental dwelling unit. The application shall be in writing, signed and sworn to by the inspector, and it shall state or identify (i) the rental dwelling unit to be inspected by street address and general description, (ii) the nature, scope and purpose of the inspection, and (iii) one or more dates and approximate times when the inspector proposes to conduct the inspection. In addition, the application shall specify the statutory authority for such inspection and the effort of the inspector (or others) to schedule or conduct the inspection and/or to locate the owner(s), tenant(s), or other person(s) in charge of the rental dwelling unit and any other grounds for issuance of the search warrant.
B. A judge of a court referred to above may issue the search warrant upon finding that: (i) the inspector is authorized to make the inspection, (ii) a reasonable effort has been made to obtain access to the rental dwelling unit to make the inspection, (iii) the owner(s), tenant(s) or other person(s) in charge of the rental dwelling unit have denied or otherwise failed or refused to furnish access to the rental dwelling unit at a reasonable time or for a reasonable period to conduct the inspection, or the inspector (or others) have been unable to locate any such person(s) after making a reasonable effort to do so, and (iv) if conducted in a reasonable manner, the inspection will not intrude unnecessarily on the privacy of such persons.
C. In the case of random comprehensive inspection pursuant to this chapter, the warrant may be issued regardless of whether the inspector (or others) have knowledge or notice of any violation of applicable codes or regulations or there is probable cause to believe that such violation exists or may exist.
D. An administrative search warrant issued under this section shall be executed and returned to the issuing judge or, in his or her absence, to the Clerk of the issuing court within (i) the time specified in the warrant, not to exceed thirty (30) days, or (ii) if no time is specified therein, fifteen (15) days from its date of issuance.
E. This section shall not preclude or affect the power to make prompt inspection without a warrant in emergency situations.
AND BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SALISBURY, that the amendments set forth in this Ordinance shall take effect
from and after the date of its final passage.
THIS ORDINANCE was introduced and read at a meeting of the City Council
of the City of Salisbury held on the 23rd day of February, 2004, and thereafter, a statement of the substance of the Ordinance having been published as required by law, was finally passed by the City Council of the City of Salisbury on the __________ day of March, 2004.
ATTEST:
_________________________ ______________________________
Brenda J. Colegrove Michael P. Dunn,
CITY CLERK PRESIDENT of the Council of the
City of Salisbury
Approved by me this _________
day of ____________, 2004.
____________________________
Barrie P. Tilghman
MAYOR of the City of Salisbury