12. Rental Property License And Registration
RENTAL PROPERTY LICENSE AND REGISTRATION
5-12-1: APPLICATION OF CHAPTER
5-12-3: LICENSE REQUIRED; RENTAL PROPERTY
5-12-4: REGISTRATION REQUIRED; RENTAL DWELLINGS
5-12-5: LICENSE APPLICATION; TERM OF LICENSE AND RENEWAL
5-12-6: APPLICATION REVIEW
5-12-7: LICENSE AND REGISTRATION ADMINISTRATION
5-12-8: LICENSE CANCELLATION, SUSPENSION, NON-RENEWAL, OR REVOCATION
5-12-9: RULES AND REGULATIONS
5-12-1: APPLICATION OF CHAPTER: (3560) Effective January 1, 2011, and for the reasons set forth in Title IX, Chapter 12, of the Westminster Municipal Code, it shall be unlawful for any owner in the City to do either of the following:
(A) Lease for occupancy any rental property or portion thereof without first obtaining a rental property license pursuant to this Chapter; or
(B) Lease for occupancy any rental dwelling or portion thereof without first registering the rental dwelling pursuant to this Chapter.
5-12-2: DEFINITIONS: For purposes of this Chapter and unless the context clearly indicates otherwise, words, terms and phrases shall have the same meaning assigned to them by Title XI, Chapter 12, of the Westminster Municipal Code, the “Rental Property Maintenance Code.”
5-12-3: LICENSE REQUIRED; RENTAL PROPERTY:
(A) Every owner of rental property shall file with the City Manager, acting by and through the Building Division, an application for a rental property license.
(B) A single license may be issued for the entire rental property and all units therein.
(C) A restricted license may be issued or restrictions placed on an existing license for a rental property if there is a portion of the property or certain units that do not comply with the provisions of this Chapter. Restricted licenses shall clearly identify the portion or portions of the rental property or units not in compliance with the provisions of this Chapter, and those portions shall not be rented or occupied until the City, upon reinspection pursuant to Title XI, Chapter 12, of the Westminster Municipal Code, has removed such restriction from the license.
(D) Applications for a license shall be required, and denial, non-renewal, suspension, or revocation of a license shall proceed according to this Chapter. Licensees shall have a duty to report changes as set forth in this Chapter.
5-12-4: REGISTRATION REQUIRED; RENTAL DWELLINGS: (3646)
(A) Every owner of a rental dwelling(s) shall register the rental dwelling(s) with the City Manager, acting by and through the Building Division, according to the application process for licensing outlined in Section 5-12-5, W.M.C., below.
(B) The procedures set forth in Section 5-12-5(A) and (B), Section 5-12-7, and Section 5-12-8, W.M.C., shall apply to registration. However, registration of rental dwellings is performed without the imposition of a fee and no renewal is required.
5-12-5: LICENSE AND REGISTRATION APPLICATION; TERM OF LICENSE; RENEWAL:
(A) APPLICATION: Applications for a rental property license or a rental dwelling registration shall be submitted in writing on forms furnished by the Building Division and shall provide the following information:
(1) The full name, mailing address, telephone numbers and birth date for the property owner, if the property owner is an individual.
(2) The full names, mailing addresses, telephone numbers and birth dates for the property owner(s) if the property is owned by more than one (1) individual.
(3) The full name, mailing address and birth date of at least one (1) officer, manager or director, if the property owner is a business entity.
(4) An affirmation that the application is complete and contains no false, misleading or fraudulent statements.
(5) An affirmation that the applicant is in good standing for any other permits or licenses granted by the City of Westminster.
(6) An affirmation that each unit of the rental property currently complies with the requirements set forth in the Rental Property Maintenance Code, Title XI, Chapter 12, of the Westminster Municipal Code.
(7) The address of all the unit(s), including individual unit numbers.
(8) The number and type of units (one (1) bedroom, two (2) bedrooms, etc.) within the property.
(9) The age of the property, calculated from the date of issuance of the building’s certificate of occupancy.
(10) For every rental property or rental dwelling, an owner or agent shall reside or operate within fifty (50) miles of the property. If an owner does not reside or operate within a fifty (50) mile radius of the property, the owner shall appoint an agent meeting these requirements.
(11) A site plan for or description of the property showing existing site improvements including, but not limited to, structures, parking areas, and landscaping, and specifying the materials used for each improvement.
(12) Disclosure of how many units within the property, if any, constitute qualified income restricted property and proof, satisfactory to the City, of such status.
(B) Notices given to an agent designated by an owner pursuant to this Chapter shall be sufficient to satisfy any requirement of notice to the owner.
(C) TERM: License terms for rental properties shall be as follows:
(1) Rental properties less than six (6) years old shall have a license term of up to the time they turn six (6) years old.
(2) Rental properties between six (6) and twenty (20) years old shall have a license term of every four (4) years.
(3) Rental properties older than twenty (20) years old shall have a license term of every two (2) years.
(4) The term of the initial license shall be determined by the age of the rental property and the existing City inspection schedule, as set forth in Title XI, Chapter 12, of the Westminster Municipal Code. License renewal shall take place at the time of the next regularly scheduled inspection.
(D) The owner or agent shall maintain the license on site and produce it upon request. Posting of the license at the rental property is not required.
(E) RENEWAL: Approximately sixty (60) days prior to the license expiration, the Building Division shall send the owner a notice of renewal. Applications for renewal licenses shall proceed as follows:
(1) Submit a license application as required by Section 5-12-5, W.M.C.
(2) Pay inspection fees as required by Section 5-12-6, W.M.C.
(3) Schedule the rental property inspection with the Building Division.
(4) Upon payment of the inspection fee, completion of the inspection and possible subsequent reinspections, and with the property in full compliance, a license shall be renewed for the term identified in Section 5-12-5(C), W.M.C., unless the Building Division reduces or increases the term of a license as permitted by Title XI, Chapter 12, of the Westminster Municipal Code. No scheduled inspection shall be extended more than two (2) years for any property and no inspection schedule shall exceed six (6) years between inspections.
(5) Renewal of a license may be denied pursuant to Section 5-12-8, W.M.C.
5-12-6: APPLICATION REVIEW:
(A) Applications for rental property license and for rental dwelling registration shall be filed with the Building Division for review and approval or denial by the City Manager or authorized representative.
(B) FEES: Applicants for a new rental property license shall pay a licensing fee of fifty dollars ($50) upon submission of a license application and shall pay a rental inspection fee of forty dollars ($40) per unit, unless the unit is a qualified income restricted property, as addressed below, prior to the next regularly scheduled inspection, which fee amounts may be amended by subsequent resolution of City Council. Registration of rental dwellings is performed without the imposition of a fee and no renewal is required.
(1) The rental inspection fee shall be twenty dollars ($20) per unit of qualified income restricted property, as that term is defined in Section 11-12-3, W.M.C., prior to the next regularly scheduled inspection, which fee amount may be amended by subsequent resolution of City Council.
(2) The burden of establishing that a unit is a qualified income restricted property rests on the owner.
(C) STANDARDS FOR REVIEW AND APPROVAL: A license or registration application may be denied by the Building Division for any of the reasons set forth in Section 5-1-6, W.M.C.
(D) APPEAL RIGHT: The denial of license or registration application may be appealed pursuant to the procedures established in Chapter 1 of this Title V.
(E) TERMS AND CONDITIONS: As a condition of licensing and registration, an owner of rental property or of a rental dwelling shall cooperate in the inspection of the property according to the procedure outlined in Title XI, Chapter 12, of the Westminster Municipal Code.
(F) EFFECTIVE DATE: A rental property license or rental dwelling registration shall be effective as of the date indicated in the notice provided by the City.
5-12-7: LICENSE AND REGISTRATION ADMINISTRATION:
(A) It shall be the duty of each owner of a rental property or a rental dwelling to provide the Building Division with notice of changes as follows:
(1) If an owner or agent legally changes the use of a structure by adding units, the owner or agent shall provide notice of the change to the Building Division no later than sixty (60) days following issuance of the certificate of occupancy for the new units and before any new units are occupied. At the time of giving notice, there shall be no additional fee assessed for the units that were added to the structure; however, when the license is next renewed, the inspection fee will include the additional units.
(2) If an owner reduces the number of units within the rental property or a rental dwelling, the owner or agent shall provide notice of the change to the Building Division no later than sixty (60) days following completion of the change. The owner or agent shall not be entitled to a refund of any fee previously paid.
(3) For newly constructed property, inspections to determine compliance with the provisions of this Chapter and the associated fees are not required prior to issuance of the initial license, if a license application is submitted no later than sixty (60) days following issuance of the certificate of occupancy for the rental property.
(4) The Building Division must be promptly notified, in writing, within thirty (30) days of any changes to the information provided on the license or registration application; except that the Building Division shall be notified in writing within fifteen (15) days after the change of an agent for a property and shall provide the name and mailing address of the new agent.
(B) A license or registration is non-transferable. Within thirty (30) days of the transfer of ownership of a rental property or a rental dwelling, the new owner shall submit a new license or registration application.
(C) VIOLATION AND PENALTY: It shall be unlawful for any person to violate a provision of this Chapter or to obstruct an inspection being conducted pursuant to Title XI, Chapter 12, of the Westminster Municipal Code. Violators shall be subject to the penalties provided by Section 1-8-1, W.M.C., and the procedures set forth in Chapter 1 of this Title V. A separate offense shall be deemed committed upon each day such person is in violation of this Chapter.
5-12-8: LICENSE CANCELLATION, SUSPENSION, NON-RENEWAL, OR REVOCATION:
(A) A license or registration may be cancelled, suspended, revoked or non-renewed as set forth in Chapter 1 of this Title V, and any such adverse action may be appealed pursuant to the procedures established in Chapter 1 of this Title V.
(B) In rental properties containing multiple units, upon issuance of a restricted license according to Section 5-12-3(C), W.M.C., a revocation, suspension, denial or non-renewal may apply to any portion or portions of the property.
(C) In addition to the process set forth in Chapter 1 of this Title V, a license or registration may be summarily suspended for no more than thirty (30) days by the Building Division when required for the immediate protection of the public health, safety and welfare. Notice of the summary suspension shall be given in the manner set forth in Chapter 1 of this Title V, and a hearing thereon before the Special Permit and License Board shall be provided as soon as reasonably possible thereafter.
(D) All hearings before the Special Permit and License Board shall be conducted pursuant to the procedures established for hearings in Chapter 1 of this Title V.
5-12-9: RULES AND REGULATIONS: The City Manager or authorized representative is authorized to promulgate rules and regulations necessary for the implementation of this Chapter.