HomeMy WebLinkAboutOrdinance No. 20329 ORDINANCE NO. 20329
AN ORDINANCE CONCERNING RENTAL HOUSING; ADDING
SECTIONS 8.400 THROUGH 8.440, AND SECTION 8.995 TO THE
EUGENE CODE, 1971; AND PROVIDING A DELAYED ENFORCEMENT
DATE AND SUNSET PROVISION.
The City of Eugene does ordain as follows:
Section 1 Sections 8 400 through 8 440 are added to the Eugene Code, 1971, to
prowde
8.400 Rental Housing - Title. Secbons 8 405 through 8 440 of th~s code
consbtute the "C~ty Rental Housing Code," and may be referred to as such
8.405 Rental Housing - Purpose. The purpose of th~s C~ty Rental Housing Code
~s to prowde m~n~mum hab~tabd~ty cntena to safeguard health, property and
public wellbelng of the owners, occupants and users of rental housing and is
~ntended to supplement rather than confhct w~th the hab~tabd~ty standards of
the State of Oregon Res~denbal Landlord and Tenant Act
8.410 Rental Housing -Applicabilitv.
(1) Except as provided in subsection (2) of this section, the standards
provided in section 8 425 of this code shall apply to all rental housing
(2) The following living arrangements are excluded from the application of
secbons 8 405 through 8 440 of th~s code
(a) Occupancy in transient lodging,
(b) Occupancy in hospitals and other medical facilities,
(c) Occupancy in residential care faclhtles licensed by the State,
(d) Occupancy in institutions providing educational, counsehng,
religious or similar service, but not including residence in off-
campus, non-dormitory housing,
(e) Occupancy in a dwelhng occupied for no more than 90 days by a
purchaser prior to the scheduled closing of a real estate sale or by
a seller following the closing of a sale, as permitted under the
terms of an agreement for sale of a dwelling unit or the property of
which ~t ~s a part,
(f) Occupancy by a member of a fraternal or social organization in a
structure operated for the benefit of the organization,
(g) Occupancy in a dwelhng by a squatter,
(h) Occupancy in a vacation dwelling,
0) Occupancy in a dwelhng by an employee of a landlord whose right
to occupancy is conditional upon employment in and about the
premises,
Ordinance- 1
(j) Occupancy by an owner of a condominium unit or holder of a
proprietary lease ~n a cooperabve, and
(k) Occupancy in premises rented to be used by the occupant
pr~mardy for agncultural purposes
8.415 Rental Housing - Definitions. For purposes of secbons 8 400 through
8 440 of th~s code, the following words and phrases mean
Agent A person authorized to act on behalf of another person
Building code. The currently adopted edition of the State of Oregon
Structural Specialty Code or Oregon Res~denbal Specialty Code
City Manager. The city manager or the manager's designee
Dwelling unit. A building or portion of a building that is used as a home,
residence or sleeping place by one or more persons who maintain a
household For purposes of th~s C~ty Rental Housing Code, where porbons
of a res~denbal budding are occupied under separate rental agreements, but
tenants share eabng, cooking, and/or san~tabon facd~bes, each porbon under
a separate rental agreement shall be considered a dwelhng unit
Habitable room. Any room used for sleeping, hwng, cooking or d~n~ng
purposes, but excluding closets, pantries, bath or to~let rooms, hallways,
laundries, storage spaces, ubhty rooms and s~m~lar spaces
Mechanical code. The current edition of the State of Oregon Mechanical
Specialty Code or Oregon Res~denbal Specialty Code
Plumbing code. The current edition of the State of Oregon Plumbing
Specialty Code or Oregon Res~denbal Specialty Code
Rental agreement. All written or oral agreements concerning the use and
occupancy of a dwelhng unit and premises "Rental agreement" ~ncludes a
lease
Rental housing. A legal dwelling unit which is the subject of a rental
agreement
Transient lodging. A room or suite of rooms which is occupied not as a
principal residence by persons for per~ods of less than 30 consecubve days
8.420 Rental Housing - Dangerous Buildings. Cond~bons which consbtute a
dangerous building and procedures for ababng them are prowded ~n Secbon
8 005(25) of this code
Ordinance - 2
8.425 Rental Housing - Standards
(1) Structural Inteqntv Roofs, floors, walls, foundations and all other
structural components shall be capable of resisting loads prescribed by
the building code ~n effect at the bme of construcbon
(2) Plumblnq Plumbing systems shall be maintained in a safe and sanitary
cond~bon and shall be free of defects, leaks and obstrucbons
(3)Heatlnq
(a) A permanently installed heat source able to provide a room
temperature of 68 degrees Fahrenheit three feet above the floor,
measured ~n the approximate center of the room, ~n all habitable
rooms Portable space heaters shall not be used to achieve
compliance w~th th~s secbon
(b) All heating devices or appliances shall conform to applicable law
at the bme of ~nstallabon
(c) Ventilation for fuel-burning heating appliances shall be as required
by the Mechanical Code at the bme of ~nstallabon
(4) Weatherprooflnq
(a) Roof, exterior walls, windows and doors shall be maintained to
prevent water leakage into living areas which may cause damage
to the structure or ~ts contents or may adversely affect the health
of an occupant
(b) Repairs must be permanent rather than temporary and shall be
through generally accepted construcbon methods
(5) Interpretations
(a) The city manager is empowered to render interpretations of
sections 8 400 through 8 440 of this code
(b) Such interpretations shall be consistent with the purpose of this
code
8.430 Rental Housin.q - Enforcement
(1) Authontv The city manager may enforce all the provisions of sections
8 400 through 8 440 of th~s code
(2) Complaint
(a) A complaint must be in writing and may be filed in person or by
mall or fax
(b) A person who files a complaint must be a party to the current
rental agreement covering the property in question or an agent of
the party
(c)A complaint must include the following
1 Name of person flhng the complaint and, ~f d~fferent, the
name of the affected tenant Complaints may not be
submitted anonymously,
2Name of the owner or the owner's agent,
3Address of the dwelling unit with the alleged violation,
4A complete description of the alleged violation, and
Ordinance - 3
5 A copy of the written notice of the alleged code violation that
has been sent by the tenant to the owner or the owner's
agent
(d) Complaints shall be processed by the city manager The city
manager shall adopt rules pursuant to section 2 019 of this code
that specify the procedure to be followed in processing
complaints Before initiating an investigation under subsection (3)
of this section, the city manager shall
1 Confirm that the complainant has standing to file a
complaint,
2 Confirm that the subject of the complaint could be a
violation of this code,
3 Confirm that the owner or the owner's agent has had ten
days s~nce ma~hng of the written nobce by the tenant to
respond to the complaint, and
4 Provide notice to the owner or the owner's agent of the
complaint per written procedures
(3) Investlqatlons
(a) The city manager shall initiate investigations only after completion
of the process in subsection (2) of this section
(b) The city manager shall conduct an investigation to confirm the
vahd~ty of the complaint
(c) If the city manager determines that the complaint is not valid, the
case shall be closed and all parbes nobfled
(d) If the city manager determines that the complaint is valid, the city
manager shall issue a notice and order pursuant to subsection (5)
of th~s secbon
(4) Inspection and Ri(iht of Entry When it may be necessary to inspect to
enforce the prows~ons of secbons 8 400 through 8 440 of th~s code, the
c~ty manager may enter the budding or premises at reasonable bmes to
~nspect or to perform the dubes ~mposed there~n, prowded that ~f such
budding or premises be occupied that credenbals be presented to the
occupant and entry requested If such building or premises be
unoccupied, the c~ty manager shall first make a reasonable effort to
locate the owner, the owner's agent, or other person hawng charge or
control of the budding or premises and request entry If entry ~s refused
by the owner, the c~ty manager shall have recourse to every remedy
prowded by law to secure entry, ~nclud~ng ~ssuance of adm~mstrabve
search warrants If entry ~s refused by the tenant, the complaint may be
d~sm~ssed and the case closed The c~ty shall prowde nobce to the
owner or owner's agent not less than 24 hours pnor to a scheduled
~nspecbon of the premises ~n order to afford the owner or landlord the
opportunity to be present dunng the ~nspecbon
(5) Notices and Orders
Ordinance - 4
(a) For valid complaints, the city manager shall issue an order to the
owner or the owner's agent The not~ce and order shall ~nclude the
following
1 Address and unit number ~f apphcable,
2 A statement that the c~ty manager has found the premises to
be ~n wolat~on of section 8 425 of th~s code as alleged ~n the
complaint,
3 A description of the wolat~on,
4 A deadhne for completing repairs of ten days, unless the c~ty
manager determines that the necessary repairs cannot be
completed w~th~n the ten day penod If the c~ty manager
makes such a determination, the owner or owner's agent
shall submit a compliance schedule acceptable to the c~ty
w~th~n ten days,
5 A statement adws~ng the owner or the owner's agent that ~f
the required repairs are not completed by the deadhne
stated ~n the not~ce and order, the c~ty manager may
a Issue an administrative c~wl penalty, or ~n~t~ate a
prosecution ~n municipal court, or both, and
b Initiate action to recover all c~ty costs associated w~th
the processing of the complaint, ~nvest~gat~on and the
resolution of the ~ssue
6 A statement that the owner or the owner's agent may appeal
the not~ce and order as specified ~n section 8 435 of th~s
code, and,
7 The date after which a re~nspect~on wdl be scheduled
(b) The city manager shall mall the order, and any amended or
supplemental not~ce and order, to the tenant and to the owner or
the owner's agent by first class ma~l
(6) Failure to Comply Fadure to comply w~th the not~ce and order ~ssued
under subsection (5) of th~s section by the specified date shall
constitute a wolat~on subject to the penalties contained ~n section 8 995
of th~s code
8.435 Rental Housing - Appeals. Any owner or owner's agent upon whom an
order ~s served under section 8 430 of th~s code shall have the right to appeal
w~th~n the t~me and ~n the manner prowded ~n section 2 021 of th~s code The
appeal must include the applicable fee
8.440 Rental Housing - Registration and Fees
(1) All rental housing not excluded under 8 410(2) shall be registered with
the c~ty on a form and ~n a manner to be determined by the c~ty
manager
(2) For the purpose of offsetting the costs to the c~ty associated w~th the
enforcement of th~s code, the c~ty manager, using the process
Ordinance - 5
contained ~n secbon 2 020 of th~s code, shall set an annual fee for each
dwelling unit covered by a rental agreement
(3) The following unit types, while subject to the standards, enforcement
procedures, and other requirements established in sections 8 400
through 8 440 of this code, shall be exempt from the fee payment
requirements
(a) Rentals with a recorded deed restriction requiring the units to be
rented affordably to households at or below 60 percent of the Area
Median Income, and
(b) Rentals that have been approved by the city for an exemption
from property taxes pursuant to sections 2 910 to 2 922 and 2 937
to 2 940 of this code or that are recognized by the city as exempt
from property taxes pursuant to ORS 307 092
(4) The owner or the owner's agent shall be responsible for paying the
annual fee The total annual fee shall be paid for any dwelling unit
which is covered by this Rental Housing Code for any portion of that
calendar year
(5) For each month in which the annual fee is not paid by the date specified
in the written notice of payment, a penalty shall be assessed to the
owner or the owner's agent The amount of the penalty shall be set by
administrative rule by using the process contained in section 2 020 of
this code
(6) The city manager may initiate appropriate action to collect the fees due
All costs associated with these actions, including attorney fees, may be
assessed to the owner or the owner's agent
Section 2. Section 8 995 is added to the Eugene Code, 1971, to provide
8.995 Penalties - Specific.
(1) A person who falls to comply with a notice and order issued under
subsection (5) of section 8 430 of this code shall be subject to
(a) An adm~n~strabve c~wl penalty ~ssued under secbon 2 018 of th~s
code, and/or
(b) A fine imposed by municipal court in an amount not to exceed
$250 per wolabon
(2) Each day that a wolabon exists consbtutes a separate wolabon for
which an add~bonal penalty may be assessed under subsecbon (1) of
th~s secbon
Section 3. The City Recorder, at the request of, or with the concurrence of the
C~ty Attorney, ~s authonzed to adm~n~strabvely correct any reference errors contained
Ordinance - 6
herein or in other provisions of the Eugene Code, 1971, to the provisions added,
amended or repealed herein
Section 4 Sections 8 400 through 8 435 of this Code shall take effect as
provided in Section 32 of the Eugene Charter of 2002, except that the City Manager's
obligation to take enforcement action under Section 8 430 of this Code shall not take
effect until July 1, 2005, or until the City Manager's adoption of an administrative order
declaring that adequate staff is employed to handle enforcement actions, whichever is
earlier The annual fee for the 2005 calendar year shall not be due until 30 days after
the City Manager has adopted an administrative order establishing the amount of the
annual fee, at which time the annual fee shall be due for the entire 2005 calendar year
Section 5 Unless otherwise extended by achon of the C~ty Council, th~s
Ordinance and the provisions of Sections 8 400 through 8 440, and Section 8 995 of the
Eugene Code, 1971 added herein are repealed effective midnight, December 31, 2008
Notwithstanding the pnor sentence, any enforcement achons commenced to enforce
those prows~ons pnor to December 31, 2008 may conhnue to be pursued, and the
prows~ons related to such enforcement achons shall remain ~n effect w~th respect to
those acbons In add~hon, any fees owned to the C~ty under the prows~ons of th~s
Ordinance remain due and owing, and all provisions related to those fees and their
collecbon shall remain ~n effect w~th respect to those fees
Passed by the City Council this Approved by the Mayor this
22nd day of November, 2004. 30th day of November, 2004.
Is~ Mary H. Feldman Is~ James D. Torrev
City Recorder Mayor
Ordinance - 7