[Source 5.14] [Source 10.02]
Chapter 5.14 — RENTAL HOUSING SAFETY
Sections:
5.14.010 Findings.
5.14.020 Definitions.
5.14.025 Chapter 5.01 KCC applicable – Conflicts.
5.14.030 Business license required – Penalty.
5.14.040 Business license period – Application and relicensing – Fee.
5.14.060 Business license fee – Increase for code violations.
5.14.070 Denial or revocation of business license – Appeal.
5.14.080 Tenant violations – Criminal conduct on property – Notification to property owner – Property owner responsibilities – Civil infraction.
5.14.090 Civil infractions – Kent municipal court.
5.14.100 Civil infractions – Reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property – Defense.
5.14.110 Safe tenants and rentals program – Establishment – Purpose.
5.14.120 Safe tenants and rentals program – Requirements.
5.14.130 Safe tenants and rentals program – Benefits.
5.14.140 City assistance to landlords.
5.14.150 Rental agreement – Crime-free housing addendum.
5.14.160 Other remedies not waived.
5.14.010 Findings.
The council declares that the citizens of the city of Kent have a right to safe rental housing and that the city should assist rental property owners and managers in order to reduce the occurrence of criminal conduct on rental properties. The council finds that it is a reasonable exercise of its police powers to require rental property owners to take reasonable steps to prevent the use of rental property for criminal purposes, and that rental property owners should be penalized in the event they take no action to discourage crime from reoccurring on their rental properties. The council further finds that a program that provides incentives to property owners who take proactive steps to prevent criminal conduct on rental property will serve the public health, safety, and welfare.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.020 Definitions.
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.
A. Code enforcement officer shall have the same meaning as provided in Chapter 1.04 KCC.
B. Criminal conduct shall mean any criminal act that is defined by the city of Kent, the state of Washington, or the United States as a misdemeanor, gross misdemeanor, felony, or a crime, or is otherwise punishable by a sentence in a correctional facility, jail, or prison, that substantially affects the health and safety of the tenant or other tenants. Gang or gang-related activity, as those terms are defined by RCW 59.18.030, shall also be considered criminal conduct. The term shall also include drug-related activity, the seizure of illegal drugs, and the requirement that a tenant register as a sex offender.
C. Dwelling unit shall mean a unit within rental property further defined as:
1. A structure or that part of a structure which is used as a home, residence, or sleeping place by one (1) person or by two (2) or more persons maintaining a common household, including but not limited to units of rental property, mobile homes as that term is defined in RCW 59.20.030, and manufactured homes as that term is defined in RCW 59.20.030;
2. A single unit providing complete independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; or
3. One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure or on the same property, and containing independent cooking and sleeping facilities.
D. Landlord shall mean the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part and any person designated as a representative of the landlord; any person or business entity such as a corporation, limited liability corporation, partnership, or agency that owns, operates, or manages rental housing or rental property; and in addition means any person designated by the landlord who has authority to sign a lease or rental agreement.
E. Police officer shall mean any general authority, limited authority, or specially commissioned Washington peace officer, or any federal peace officer, as those terms are defined by Chapter 10.93 RCW, as now enacted or hereafter amended.
F. The phrase reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property requires the landlord to report criminal conduct that occurs on the property whenever the commission of criminal conduct on the rental property is suspected, and further requires the landlord to take other steps to prevent the recurrence of crime, which may include, but are not limited to, one of the following:
1. The landlord and onsite managers of the rental property attend and complete the city’s landlord training program or an equivalent training program approved by the city within ninety (90) days from the date the notice pursuant to KCC 5.14.080(B) is issued; or
2. The landlord pursues eviction to judgment of the tenant who is the subject of a notice issued pursuant to KCC 5.14.080(B), and begins the eviction process within thirty (30) days from the date such notice is issued; or
3. In the event the landlord has not previously utilized a crime-free housing addendum, the landlord utilizes a crime-free housing addendum for the tenant who is the subject of a notice issued pursuant to KCC 5.14.080(B) within sixty (60) days from the date the notice pursuant to KCC 5.14.080(B) is issued; or
4. In the event the rental property, through its landlord, is not a participant in the STAR program, the rental property participates in the STAR program within ninety (90) days from the date the notice is issued pursuant to KCC 5.14.080(B); or
5. The landlord requests the city’s assistance pursuant to KCC 5.14.140.
G. Rental agreement or lease shall have the same meaning as the term rental agreement defined in RCW 59.18.030, as now enacted or hereafter amended or recodified.
H. Rental housing or rental property shall mean a rental housing facility of two (2) or more dwelling units that are rented or intended to be rented, are located on a single parcel or lot, and for which a postal address exists or may exist for each individual unit, and the common areas and appurtenances to the rental housing facility, provided, these terms shall also include any mobile home park or manufactured housing community as those terms are defined by RCW 59.20.030 as now enacted or hereafter amended. The terms shall not include the following:
1. A retail, commercial, or industrial rental;
2. A properly registered and licensed nursing home; or
3. A properly registered and licensed assisted living facility.
I. STAR shall mean the safe tenants and rentals program as established in KCC 5.14.110.
J. Tenant shall have the same meaning as the term tenant set forth in RCW 59.18.030 and 59.20.030, as those sections are now enacted or hereafter amended or recodified.
K. Third party background check shall mean a check of a person’s criminal conviction records that is conducted by the Washington State Patrol or another lawfully licensed agency or entity in the business of conducting checks of a person’s criminal conviction records, and which produces for the requesting party a report of the person’s criminal conviction records. The third party background check shall report convictions for state charges from any of the states in the United States and convictions for federal offenses.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.025 Chapter 5.01 KCC applicable – Conflicts.
Chapter 5.01 KCC relating to business licensing shall apply to rental housing and rental property; provided, that in the event there is a conflict between this chapter and Chapter 5.01 KCC, this chapter shall control.
(Ord. No. 4070, § 1, 2-19-13)
5.14.030 Business license required – Penalty.
A. License required. As a condition of operation, each and every rental property within the city limits shall, in accordance with Chapter 5.01 KCC, obtain and maintain a business license. The issuance of a license shall be considered a privilege and not an absolute right of the landlord, and the possession of such license shall not entitle the landlord to a new business license for subsequent years.
B. Penalty for not obtaining license. In addition to the penalties set forth in Chapter 5.01 KCC, there shall be assessed a penalty of $100 per day for each day that a rental property operates without a valid and current business license for the first 10 days of noncompliance with this section, and up to $400 per day for each day in excess of 10 days of noncompliance with this section.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13; Ord. No. 4220, § 6, 11-15-16)
5.14.040 Business license period – Application and relicensing – Fee.
The business licensing period shall run from January 1st through December 31st of each year. Any application for a license required by this chapter shall be accompanied by a fee as established in Chapter 5.01 KCC and any resolution established in accordance with that chapter, as well as any fee required in accordance with KCC 5.14.060, if applicable. Business licensing applications shall comply with the requirements of KCC 5.01.090 and 5.01.110.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13; Ord. No. 4220, § 7, 11-15-16)
5.14.060 Business license fee – Increase for code violations.
A. Rental property shall be maintained in accordance with applicable building codes pursuant to Chapter 14.01 KCC, and shall be free of nuisances, graffiti, litter, rodents, weeds, and junk vehicles in conformance with Chapters 8.01, 8.04, 8.06, 8.07, and 8.08 KCC as now enacted or hereafter amended. The rental property shall be maintained in accordance with all other codes applicable to rental property.
B. If, at the time a landlord applies for a subsequent business license, it is determined that a notice of violation pursuant to Chapter 1.04 KCC was issued relating to the condition of the rental property, and the notice of violation was issued within the calendar year preceding the year for which the new license is required, the rental property shall be assessed an additional business license fee of $1,000, which shall be added to the fee required by Chapter 5.01 KCC; provided, this additional fee shall not be assessed in the event that, prior to the date of application for the business license, either a hearing examiner or a court with jurisdiction has determined that the violation was not committed or the city has determined that the code violation was voluntarily corrected.
C. The additional fee established in subsection (B) of this section shall also apply to the issuance of an initial license if there is good cause to believe that the landlord who owned the property transferred the property to a new landlord in order to avoid the provisions of subsection (B) of this section.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13; Ord. No. 4220, § 8, 11-15-16)
5.14.070 Denial or revocation of business license – Appeal.
A. Denial or revocation of license. A license issued under this chapter may be denied or revoked for the following reasons:
1. Any reason set forth in KCC 5.01.130.
2. The rental property is subject to an order of abatement for a code violation pursuant to Chapter 1.04 KCC or violation of the Revised Code of Washington, and such order of abatement was issued by the city’s hearing examiner or a court with jurisdiction.
B. Process – Appeal. The denial or revocation of a business license required by this chapter shall comply with the business license revocation procedures set forth in Chapter 5.01 KCC. The denial or revocation of a business license required by this chapter may be appealed in conformance with the requirements of Chapter 5.01 KCC.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.080 Tenant violations – Criminal conduct on property – Notification to property owner – Property owner responsibilities – Civil infraction.
A. Landlord responsible. It shall be the responsibility of the landlord to take precautionary measures to reduce the likelihood that the rental property will be used for criminal conduct. In the event a landlord is notified that criminal conduct has occurred on the property, the landlord shall take reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property. Repeated criminal conduct committed by tenants or guests shall result in a civil infraction chargeable to the landlord.
B. Notice of criminal conduct. Upon the occurrence of criminal conduct on the rental property, the police department may cause notice to be sent to the landlord setting forth the date of the occurrence, the location of the occurrence, the nature of the occurrence, and the name of the person who engaged in the occurrence. Notice may be sent whenever the police department has reasonable grounds to believe that criminal conduct has occurred on the rental property. Notice shall be deemed properly delivered when it is either served upon the landlord or a property manager of the rental property, or is delivered by first class mail, postage prepaid, or by certified mail, to the last known address of the landlord or business license applicant as listed in the most recent business license application on file with the city. The issuance of the notice set forth in this subsection shall be a prerequisite to the issuance of a notice of infraction under subsection (C) of this section; provided, the issuance of the civil infraction under subsection (C) of this section shall constitute the notice of the third instance of criminal conduct.
C. Civil infraction. Three (3) instances of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant within any twelve (12) month period shall be deemed a civil infraction chargeable to the landlord; provided, that when the conduct is committed by guests of the tenant, the city need not establish that the criminal conduct was committed by the same guest. Each instance of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant in excess of three (3) instances of criminal conduct in a twelve (12) month period shall be considered an additional infraction chargeable to the landlord.
D. Penalties. The following penalties shall apply:
1. Three (3) instances of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant:
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STAR Participant
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$500
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Non-STAR Participant
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$1,000
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2. For every instance of criminal conduct committed in the same unit or anywhere on the rental property by the same tenant or any guest of the tenant in excess of three (3) instances of criminal conduct within the same twelve (12) month period:
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STAR Participant
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$1,000
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Non-STAR Participant
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$2,000
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(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.090 Civil infractions – Kent municipal court.
A. Jurisdiction. Pursuant to Chapter 3.50 RCW, as now enacted or hereafter amended or recodified, the Kent municipal court shall have jurisdiction to hear violations of KCC 5.14.080.
B. Filing. A civil infraction may be filed when there are reasonable grounds to believe that a violation of KCC 5.14.080 has occurred.
C. Rules of procedure. Except as set forth in this chapter and except as other rules apply, the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) and all local rules and policies as promulgated by the Kent municipal court shall govern infraction proceedings and appeals of infractions filed pursuant to a violation of KCC 5.14.080.
D. Burden of proof. The city shall have the burden of establishing an instance of criminal conduct by a preponderance of the evidence. The entry of a certified order of judgment and sentence, or other certified court document that establishes a conviction or the entry of a deferred prosecution or sentence, or any certified document maintained by the court that contains an entry of a finding of guilt, an admission to the commission of the criminal conduct, and admission to the facts that would establish the commission of the criminal conduct, or an acknowledgement that there are sufficient facts to prove the instance of criminal conduct, shall be sufficient proof of the occurrence of the criminal conduct; provided, that an absence of such court document(s) shall not prohibit the city from establishing that an instance of criminal conduct occurred. Police reports and other documentary evidence shall be admissible as evidence of criminal conduct; provided, that such reports are certified pursuant to RCW 9A.72.085.
E. Costs and assessments. Any costs and assessments as required or permitted by law shall be in addition to any fine or fees owing pursuant to this chapter.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.100 Civil infractions – Reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property – Defense.
It shall be a defense to an infraction filed pursuant to KCC 5.14.080 that, subsequent to an act of criminal conduct, but prior to the issuance of a civil infraction, the landlord took reasonable steps to reduce the likelihood that criminal conduct will reoccur on the property; provided, this defense shall be available on one (1) occasion and shall not be available for repeat violations of KCC 5.14.080.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.110 Safe tenants and rentals program – Establishment – Purpose.
The city hereby establishes the safe tenants and rentals program, hereinafter “STAR.” The purpose of STAR is to encourage landlords to establish the foundation for the provision of safe rental properties to tenants, to avoid the rental of units to those who engage in criminal conduct, to improve the quality of available rental housing in the city, and to protect the public health, safety, and welfare.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.120 Safe tenants and rentals program – Requirements.
A. The STAR program shall be voluntary, and the issuance of a business license shall not be conditioned upon a rental property’s status as a STAR participant.
B. As a condition of participating in the STAR program, landlords shall be required to:
1. Utilize a crime-free housing addendum for the lease of each unit of the rental property as set forth in KCC 5.14.150, which makes criminal conduct on the property a material breach of a covenant of the lease or rental agreement, and enforce the terms of the crime-free housing addendum.
2. As a condition of any rental agreement, reserve the right to expel any person not specified on the rental agreement from the rental property.
3. Perform a third party background check of any manager or other onsite employee.
4. Perform a third party background check of any person who will be employed by the property owner or landlord and who will work on the premises, and provide details of the third party background check procedures to the Kent police department.
5. Perform a third party background check of any tenants, and provide details of the third party background check procedures to the Kent police department.
6. Maintain the property in accordance with applicable building codes pursuant to Chapter 14.01 KCC, and free of nuisances, graffiti, litter, rodents, weeds, and junk vehicles in conformance with Chapters 8.01, 8.04, 8.06, 8.07, and 8.08 KCC as now enacted or hereafter amended.
7. Ensure compliance with RCW 59.18.060 relating to the Residential Landlord-Tenant Act, or RCW 59.20.130 relating to the Manufactured/Mobile Home Landlord Tenant Act, as those sections are now enacted or hereafter amended or recodified.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 3968, § 1, 6-15-10; Ord. No. 4070, § 1, 2-19-13)
5.14.130 Safe tenants and rentals program – Benefits.
STAR certified properties will be provided with the following benefits:
A. An annual certificate signifying the attainment of STAR status.
B. The authority of the rental property to utilize its STAR status in any advertising.
C. All business license fees as required by Chapter 5.01 KCC shall be waived.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.140 City assistance to landlords.
A. When criminal conduct occurs on rental property, or the occurrence of criminal conduct on the rental property is suspected by the landlord, the landlord may request the assistance of the city in taking steps to reduce the likelihood that criminal conduct will reoccur on the property. The city shall assist landlords when such a request is made, and such assistance may include, but not be limited to, the following:
1. Providing the landlord with disclosable information relating to the criminal conduct which has occurred on the property.
2. Having a police officer communicate with the tenant suspected of engaging in the criminal conduct regarding the ramifications of continued criminal conduct.
3. Providing advice to the landlord regarding methods of preventing the reoccurrence of criminal conduct.
4. Providing the landlord with resources available to assist the landlord in pursuing eviction of the tenant.
B. A request for the assistance of the city pursuant to this section shall be considered a “reasonable step to reduce the likelihood that criminal conduct will reoccur on the property” under KCC 5.14.020(F); provided, the following shall apply:
1. The landlord shall cooperate with the city’s assistance and take reasonable measures to implement the suggested methods of the city to reduce the reoccurrence of criminal conduct on the property.
2. A request for assistance shall in no way relieve the landlord of the duty to comply with any section of this chapter.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.150 Rental agreement – Crime-free housing addendum.
In order to obtain STAR level status, the landlord shall, as a condition of any rental agreement, require the tenant to sign a crime-free housing addendum, which shall make it a material term and covenant of the lease or rental agreement that the tenant will not engage in criminal conduct on the property. The crime-free housing addendum shall become a material part of the rental agreement. In the event the crime-free housing addendum is violated by the tenant, the landlord shall take all lawful action to evict the tenant from the rental housing. The crime-free rental housing addendum shall be in substantially the following form:
Crime-Free Housing Addendum
In consideration of the original execution or continuation of the lease or rental agreement relating to the below signed Tenant’s lease or rental of the unit, the Tenant hereby agrees to the following material terms, conditions, and covenants:
1. A Tenant, any member of the Tenant’s household, or a guest or other person affiliated with the Tenant shall not engage in criminal conduct on the property, including any unit rented or leased or the common areas of the property. Criminal conduct shall be defined as any act that is defined by the city of Kent, the state of Washington, or the United States as a misdemeanor, gross misdemeanor, felony, or a crime. Gang or gang-related activity, as those terms are defined by RCW 59.18.030, shall also be considered criminal conduct.
2. The Landlord or property owner, or his or her designee, shall have the right and authority to bar or prohibit any person not specified on the rental agreement from the property, including from the unit, for good cause. Good cause shall include conduct that is, at the sole discretion of the Landlord or his or her designee, criminal conduct, disruptive to tenants of the property or neighboring properties, or destructive to the rental property or neighboring properties.
3. When a person has been barred or prohibited from the property by the Landlord or his or her designee, any attempt by the Tenant to license, allow, invite, fail to exclude, or otherwise permit the person to enter any portion of the property, including the unit rented by the Tenant or the common areas of the property, shall be considered a material violation and breach of the rental agreement or lease, and shall be grounds for termination of the rental agreement or lease.
4. The Tenant shall comply with the terms and conditions of RCW 59.18.130 (residential tenants) or RCW 59.20.080 (manufactured/mobile home tenants), which is incorporated herein by this reference.
5. The Tenant shall not park any inoperable vehicle on the rental property and agrees that the Landlord or his or her designee shall have the right to remove the inoperable vehicle from the property at the Tenant’s expense.
ANY VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE RENTAL AGREEMENT OR LEASE AND SHALL BE GOOD CAUSE FOR THE TERMINATION OF THE TENANT’S RESIDENCY AND SHALL RESULT IN EVICTION; PROVIDED, IF EVICTION WOULD, UNDER NORMAL CIRCUMSTANCES, BE APPROPRIATE AS A RESULT OF CRIMINAL CONDUCT BEING COMMITTED ON THE PROPERTY, THEN, THE TENANT MAY NOT BE EVICTED IF THE TENANT WAS A VICTIM OR DEPENDENT OF THE VICTIM OF THE CRIMINAL CONDUCT WHICH OCCURRED ON THE RENTAL PROPERTY, AND PROVIDED FURTHER THAT THIS ADDENDUM SHALL NOT BE INTERPRETED OR APPLIED CONTRARY TO THE RIGHTS PROVIDED IN RCW 59.18.580.
By signing below, Tenant agrees that this addendum is a reasonable obligation or restriction pursuant to RCW 59.18.140, and that Tenant has a duty to comply with its terms.
In case of conflict between the provisions of this addendum and any other provisions of the rental agreement or lease, the provisions of this addendum shall govern.
This addendum is hereby incorporated into the rental agreement or lease executed or renewed either this day or on a prior occasion between the Landlord and Tenant.
_______________ _________________
Landlord Tenant
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
5.14.160 Other remedies not waived.
The city may use any means available at law or equity to enforce any provision of this chapter, and may, in addition to any other available remedy, seek injunctive relief, declaratory relief, execution of any judgment, or abatement. The city may, at its discretion, refer any fines owing to a collection agency for collection. Nothing in this chapter shall be interpreted to prohibit the city from enforcing any applicable regulation, ordinance, or statute applicable to rental property or landlords.
(Ord. No. 3860, § 1, 9-18-07; Ord. No. 4070, § 1, 2-19-13)
Chapter 10.02 — RENTAL HOUSING REGISTRATION AND INSPECTION PROGAM
Sections:
10.02.010 Purpose.
10.02.020 Applicability – Conflicts.
10.02.030 Definitions.
10.02.040 Scope.
10.02.050 Business license period – Application and relicensing – Fee.
10.02.060 Denial or revocation of business license – Appeal.
10.02.070 Certificates of inspection.
10.02.080 Notice that rental is unlawful when certificate not provided.
10.02.090 Other inspections.
10.02.100 Director is authorized to make rules.
10.02.110 Correction notice prior to enforcement.
10.02.120 Immediate health and safety threats.
10.02.130 Immunity, no warranty by city, and no private right of action.
10.02.140 Notice – Additional penalties.
10.02.150 Consistency with Chapter 59.18 RCW.
10.02.010 Purpose.
The city of Kent finds that the establishment of a rental housing registration and safety inspection program and the continuation of its rental housing business license requirements will protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of rental housing by identifying and requiring correction of substandard housing conditions. By establishing this program, the city intends to prevent conditions of deterioration and blight that would adversely impact the quality of life in Kent.
(Ord. No. 4272, § 1, 3-20-18)
10.02.020 Applicability – Conflicts.
The provisions of this chapter shall apply in addition to the provisions of any other code provision or ordinance. Where there is a conflict, the more restrictive provision shall apply.
(Ord. No. 4272, § 1, 3-20-18)
10.02.030 Definitions.
For the purpose of this chapter, the following words or phrases have the meaning prescribed below:
A. Accessory dwelling unit or ADU means a second, subordinate housing unit that is accessory to a single-family residence, and meets the definition and requirements of KCC 15.02.003 and 15.08.160 for accessory dwellings.
B. Building means a structure having a roof supported by columns or walls used for supporting or sheltering a use of any kind.
C. Building code means all code provisions adopted in and throughout Chapter 14.01 KCC.
D. Business license means a business license as required by Chapter 5.01 KCC.
E. Certificate of inspection means the document signed and dated by a qualified rental housing inspector and submitted to the city as the result of an inspection conducted by a qualified rental housing inspector that certifies that the residential housing units that were inspected comply with the requirements and standards of this chapter.
F. Declaration of compliance means a statement submitted to the city by the owner or the landlord that certifies that, to the best of his or her knowledge, after an onsite review of the conditions of the rental unit, each residential housing unit complies with the requirements and standards of this chapter.
G. Department means the city of Kent economic and community development department.
H. Director means the director of the economic and community development department or the director’s designee.
I. Fire code means all code provisions adopted in and throughout Chapter 13.01 KCC.
J. Landlord means the owner, lessor, or sublessor of the rental unit or the rental property of which it is a part and, in addition, means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.
K. Mobile home means a mobile home or a manufactured home as defined in Chapter 59.20 RCW.
L. Owner has the meaning as defined in RCW 59.18.030.
M. Qualified rental housing inspector and RHI mean a private inspector who possesses at least one of the following credentials and who has been approved by the director as an RHI based on a process developed by the director consistent with the intent of this chapter:
1. American Association of Code Enforcement Property Maintenance and Housing Inspector certification;
2. International Code Council Property Maintenance and Housing Inspector certification;
3. International Code Council Residential Building Code Inspector;
4. Washington State licensed home inspector; or
5. Other acceptable credential the director establishes by rule.
N. Rental property means all residential dwelling units rented or leased on a single parcel of land managed by the same landlord.
O. Rental property complex means all residential dwelling units rented or leased on a contiguous parcel or parcels of land managed by the same landlord as a single rental complex.
P. Rental unit means a residential housing unit occupied or rented by a tenant or available for rent by a tenant.
Q. Residential housing unit means any building or part of a building in the city of Kent that is used or may be used as a home, residence, or sleeping place by one or more persons, including but not limited to single-family residences, accessory dwelling units, duplexes, triplexes, fourplexes, townhouses, multifamily dwellings, apartment buildings, condominiums, and similar living accommodations.
R. Residential rental housing registration means registration required under this chapter.
S. Shelter means a facility with overnight sleeping accommodations, owned, operated, or managed by a nonprofit agency or governmental entity, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless.
T. Single-family residence means a single detached building containing only one residential housing unit that is completely separated by open space on all sides from any other structure, except its own garage or shed.
U. Tenant means a person entitled to occupy a residential housing unit pursuant to a rental agreement or who pays rent for occupancy or possession.
V. Transitional housing means residential housing units owned, operated, or managed by a nonprofit agency or governmental entity in which supportive services are provided to individuals or families that were formerly homeless, with the intent to stabilize them and move them to permanent housing within a period of not more than 24 months.
W. Unit unavailable for rent means a residential housing unit that is not offered or available for rent as a rental unit, and that prior to offering or making the unit available as a rental unit, the owner is required to obtain a residential rental registration for the rental property in which the unit is located and comply with applicable regulations adopted pursuant to this chapter.
(Ord. No. 4272, § 1, 3-20-18)
10.02.040 Scope.
A. Exempt residential housing units. This chapter does not apply to the following residential housing units:
1. Owner-occupied single-family residences;
2. Units unavailable for rent;
3. Housing accommodations in a hotel, motel, or other similar transient lodging;
4. Housing accommodations at an institution, whether public or private, where residence is merely incidental to detention or the provision of medical, religious, educational, recreational, or similar services, including but not limited to correctional facilities, licensed nursing homes, monasteries and convents, and hospitals;
5. Owner-occupied mobile homes or manufactured homes, both as defined in Chapter 59.20 RCW;
6. Shelters and transitional housing; and
7. Rental units that a government unit, agency, or authority owns, operates, or manages, or that are specifically exempted from such a registration requirement by state or federal law or administrative regulation. This exemption does not apply once the governmental ownership, operation, or management is discontinued.
B. Registration required.
1. No person shall make available for rent, or rent, lease, or let to the public, any residential housing unit that is not exempt under subsection (A) of this section without first registering the rental unit with the department.
2. A residential rental housing registration expires on December 31st of the calendar year following registration or renewal.
3. The residential rental housing registration is transferable to any person who has acquired ownership of a registered rental property for the unexpired portion of the one-year term for which it was issued.
4. Application. Application for a residential rental registration shall be made to the city on a form and through a process established by the director. The application shall include a declaration of compliance and such other information as required by the director in order to carry out the intent of this chapter.
5. Renewal. A residential rental registration may be renewed for the ensuing year on or before the date of the expiration of the current registration, by submitting a renewal application on a form and through a process established by the director updating the information contained in the original application.
6. Penalty. Any person who fails to properly register any residential housing unit or fails to submit the required documentation for renewal on or prior to the expiration date of the registration shall be subject to a $50 penalty.
C. License required. As a condition of operation, each and every owner or landlord renting or leasing a residential housing unit within the city limits shall, in accordance with Chapter 5.01 KCC, obtain and maintain a business license. The issuance of such a license shall be considered a privilege and not an absolute right of the landlord, and the possession of such license shall not entitle the landlord to a new business license for subsequent years.
1. Exemptions. Landlords are exempt from the requirement to obtain a business license for the following rental units:
a. Single-family residences;
b. Mobile homes or manufactured homes, both as defined in Chapter 59.20 RCW;
c. Condominiums and townhomes; and
d. All residential housing units exempt from the residential rental housing registration requirements under subsection (A) of this section.
2. Penalty for not obtaining license. In addition to the penalties set forth in Chapter 5.01 KCC, there shall be assessed a penalty of $100 per day for each day that a residential housing unit operates without a valid and current business license for the first 10 days of noncompliance with this chapter, and up to $400 per day for each day in excess of 10 days of noncompliance with this chapter.
3. Display of program information. Information regarding the rental housing and safety inspection program shall be posted on the inside of each residential housing unit or in a common area; provided, that the director may by rule establish one or more alternative or additional methods for conveying the information to tenants.
4. Declaration of compliance. As a condition to the issuance and/or renewal of a business license, an applicant shall provide a valid declaration of compliance addressing each rental unit in the rental property prior to the issuance of a license. A declaration of compliance submitted under this chapter must state that each unit complies with the requirements of this chapter and that there are no conditions presented in the units that endanger or impair the health or safety of a tenant.
(Ord. No. 4272, § 1, 3-20-18)
10.02.050 Business license period – Application and relicensing – Fee.
The business licensing period shall run from January 1st through December 31st of each year. Any application for a license required by this chapter shall be accompanied by a certificate of inspection and a fee as established in Chapter 5.01 KCC and any resolution established in accordance with that chapter. Residential rental housing business licensing applications shall comply with the requirements of KCC 5.01.090 and 5.01.110.
(Ord. No. 4272, § 1, 3-20-18)
10.02.060 Denial or revocation of business license – Appeal.
A. Denial or revocation of license. A residential rental housing business license may be denied or revoked for the following reasons:
1. Failure to obtain a certificate of inspection as required by this chapter;
2. The certificate of inspection or business license was procured by fraud or false representation of fact;
3. The applicant or registration holder has failed to comply with any of the provisions of this chapter;
4. The applicant or registration holder is in default in any fee due to the city under this chapter;
5. Any reason set forth in KCC 5.01.130;
6. The property is subject to a notice of violation for a code violation which has been deemed committed or found to have been committed pursuant to Chapter 1.04 KCC or violation of the Revised Code of Washington.
B. Process – Appeal. The denial or revocation of a residential rental housing business license shall comply with the business license revocation procedures set forth in Chapter 5.01 KCC. The denial or revocation of a business license required by this chapter may be appealed in conformance with the requirements of Chapter 5.01 KCC.
C. If a residential rental housing business license is revoked, or an application for a license is denied, the landlord will be granted a business license only after:
1. Any and all deficiencies on which the revocation or denial was based have been corrected;
2. In the event an inspection has been required, the applicant has provided to the city a valid certificate of inspection that meets the requirements of this chapter; and
3. The applicant pays a license fee as determined by ordinance.
D. Tenant relocation assistance shall be provided as required by RCW 59.18.085, and pursuant to the process set forth therein.
(Ord. No. 4272, § 1, 3-20-18)
10.02.070 Certificates of inspection.
A. All residential rental properties subject to the business license requirements of this chapter must be inspected once every three years by a qualified rental housing inspector and will require a certificate of inspection within a time period established by the director. The property selection process shall be based on a methodology determined by the director that will further the purpose of this chapter.
B. The director is authorized to create and publish a checklist to be used for declarations of compliance and inspections submitted or conducted under this chapter, and is authorized to include additional standards including, but not limited to, those within the building code, fire code, or RCW 59.18.060.
C. All certificates of inspection submitted under this chapter must state that all units subject to inspection have been inspected, and that all units inspected comply with the requirements of the checklist.
D. A certificate of inspection shall be based upon a physical inspection by the qualified rental housing inspector of the residential housing units conducted not more than 90 days prior to the date of the certificate of inspection.
E. The certificate of inspection shall list and show compliance with the minimum standards for each residential housing unit that was inspected using the checklist provided by the city and shall contain such other information as determined by the director to carry out the intent of this chapter.
F. Limitations and conditions on inspection of units for certificate of inspection.
1. The unit selection process shall be based on a methodology determined by the director that will further the purpose of this chapter.
2. The city may only require a certificate of inspection on a rental property no more frequently than once every three years in accordance with RCW 59.18.125.
3. A rental property that has received a certificate of occupancy within the last four years and has had no code violations reported on the property during that period is exempt from inspection.
4. For properties that require an inspection, the owner or landlord must send written notice of the inspection to all units at the rental property. The notice must advise tenants that some of the units at the property will be inspected and that the tenants whose units need repairs or maintenance should send written notification to the landlord as provided in RCW 59.18.070. The notice must also advise tenants that if the landlord fails to adequately respond to the request for repairs or maintenance, the tenants may contact city of Kent officials. A copy of the notice must be provided to the inspector upon request on the day of inspection.
5. If a rental property has 20 or fewer rental units, no more than four rental units at the rental property may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.
6. If a rental property has 21 or more rental units, no more than 20 percent of the units, rounded up to the next whole number, on the rental property, and up to a maximum of 50 units at any one property, may be selected by the city to provide a certificate of inspection as long as the initial inspection reveals that no conditions exist that endanger or impair the health or safety of a tenant.
7. If an owner or landlord is asked to provide a certificate of inspection for a sample of units on the rental property and a selected unit fails the initial inspection, the city may require up to 100 percent of the units on the rental property to provide a certificate of inspection.
8. If a rental property has had conditions that endanger or impair the health or safety of a tenant reported since the last required inspection, the city may require 100 percent of the units on the rental property to provide a certificate of inspection.
9. An inspector conducting an inspection under this chapter may only investigate a rental property as needed to provide a certificate of inspection.
G. Notice to tenants.
1. The landlord shall provide written notification of his or her intent to allow an inspector to enter an individual unit for the purposes of providing the city with a declaration of compliance or certificate of inspection in accordance with RCW 59.18.150(6). The written notice must indicate the date and approximate time of the inspection and the company or person performing the inspection, and that the tenant has the right to see the inspector’s identification before the inspector enters the individual unit. A copy of this notice must be provided to the inspector upon request on or before the day of inspection.
2. A tenant who continues to deny access to his or her unit is subject to the penalties in RCW 59.18.150(8).
(Ord. No. 4272, § 1, 3-20-18)
10.02.080 Notice that rental is unlawful when certificate not provided.
When a certificate of inspection or a declaration of compliance is required for a specified residential housing unit under this chapter and a valid certificate of inspection or declaration of compliance has not been provided to the city, the director is authorized to notify the owner or landlord that until a valid certificate of inspection or declaration of compliance is provided to the city, it is unlawful to rent or to allow a tenant to continue to occupy the residential housing unit. It shall be unlawful to rent or allow a tenant to occupy or continue to occupy such unit.
(Ord. No. 4272, § 1, 3-20-18)
10.02.090 Other inspections.
Nothing in this chapter precludes additional inspections conducted under RCW 59.18.150, Chapter 1.04 KCC, or at the request or consent of a tenant, pursuant to a warrant, or pursuant to the tenant remedy provided by RCW 59.18.115 of the Residential Landlord-Tenant Act.
(Ord. No. 4272, § 1, 3-20-18)
10.02.100 Director is authorized to make rules.
The director is authorized to adopt, publish, and enforce rules and regulations, consistent with this chapter and the standards in this chapter, for the purpose of carrying out the provisions of this chapter and it is unlawful to violate or fail to comply with any such rule or regulation.
(Ord. No. 4272, § 1, 3-20-18)
10.02.110 Correction notice prior to enforcement.
Before the city suspends or revokes a registration or imposes the penalties set forth in this chapter, an attempt shall be made to give the owner or landlord a written notice by personal service or by certified mail, return receipt requested, stating the existence of a violation, that enforcement action is contemplated, and that such person shall have a specified period of time in which to correct the violation.
(Ord. No. 4272, § 1, 3-20-18)
10.02.120 Immediate health and safety threats.
Nothing in this chapter shall limit the city’s ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat.
(Ord. No. 4272, § 1, 3-20-18)
10.02.130 Immunity, no warranty by city, and no private right of action.
The purpose of this chapter is to promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should be specially protected by its terms. Nothing contained in this chapter is intended nor shall be construed to create any liability on the part of the city or its employees for any injury or damage resulting from the failure of an owner, landlord, inspector, or other individual to comply with the provisions of this chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this chapter on the part of the city or its employees. By enacting and undertaking to enforce this chapter, neither the city, its agents or employees, nor the city council warrant or guarantee the safety, fitness, or suitability of any dwelling in the city or any unit inspected under this program. Owners, landlords, and occupants shall take whatever steps they deem appropriate to protect their interest, health, safety, and welfare. Nothing contained in this chapter is intended to create a private right of action.
(Ord. No. 4272, § 1, 3-20-18)
10.02.140 Notice – Additional penalties.
A. Prior to imposing any penalties set forth in this chapter, the city shall provide notice and an opportunity to correct pursuant to Chapter 1.04 KCC.
B. Any person who knowingly submits or assists in the submission of a falsified certificate of inspection, or knowingly submits falsified information upon which a certificate of inspection is issued, is guilty of a gross misdemeanor and must be punished by a fine of not more than $5,000 as provided in RCW 59.18.125.
C. The penalties imposed in this chapter are not exclusive when the acts or omissions constitute a violation of another chapter of the Kent City Code. In addition to all other penalties, remedies, or other enforcement measures established within this chapter, or as otherwise provided by law, the acts or omissions that constitute violations of this chapter may be subject to penalties and enforcement provisions as provided by other chapters of the Kent City Code, and such penalties and enforcement provisions may be imposed as set forth therein. All remedies under this chapter are cumulative unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another. Remedies may be used singly or in combination; in addition, the city of Kent may exercise any rights it has at law or equity.
(Ord. No. 4272, § 1, 3-20-18)
10.02.150 Consistency with Chapter 59.18 RCW.
The provisions of this chapter shall be interpreted in a manner that is consistent with the provisions of Chapter 59.18 RCW.
(Ord. No. 4272, § 1, 3-20-18)
