Seattle City Council Bills and Ordinances
Information modified on December 11, 2013; retrieved on July 4, 2025 5:30 AM
Ordinance 124312
Introduced as Council Bill 117905
Title | |
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AN ORDINANCE relating to rental registration and inspection; amending the title of Chapter 22.214 and Sections 22.214.010, 22.214.020, 22.214.030, 22.214.040, 22.214.045, 22.214.050, 22.214.060, 22.214.080, and 22.214.085; amending previously non-codified section 16 of Ordinance 124011; and adding new sections 22.214.086 and 22.214.087. |
Description and Background | |
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Current Status: | Passed |
Fiscal Note: | Fiscal Note to Council Bill No. 117905 |
Index Terms: | MUNICIPAL-CODE, AMENDMENT, RENTAL-HOUSING, ADMINISTRATIVE-PROCEDURES |
References: | Ordinance 124011 |
Legislative History | |
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Sponsor: | LICATA | tr>
Date Introduced: | September 9, 2013 |
Committee Referral: | Housing, Human Services, Health, and Culture |
Committee Action Date: | September 25, 2013 |
Committee Recommendation: | Pass |
Committee Vote: | 3 (Licata, Bagshaw, Harrell)-0 |
City Council Action Date: | September 30, 2013 |
City Council Action: | Passed |
City Council Vote: | 6-0 |
Date Delivered to Mayor: | October 1, 2013 |
Date Signed by Mayor: (About the signature date) | October 8, 2013 |
Date Filed with Clerk: | October 8, 2013 |
Signed Copy: | PDF scan of Ordinance No. 124312 |
Text | |
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CITY OF SEATTLE ORDINANCE __________________ COUNCIL BILL __________________ AN ORDINANCE relating to rental registration and inspection; amending the title of Chapter 22.214 and Sections 22.214.010, 22.214.020, 22.214.030, 22.214.040, 22.214.045, 22.214.050, 22.214.060, 22.214.080, and 22.214.085; amending previously non-codified section 16 of Ordinance 14011; and adding new sections 22.214.086 and 22.214.087. WHEREAS, on October 1, 2012, the City Council, by Ordinance 124011, established a rental housing registration and inspection program to protect the health, safety, and welfare of the public; and prevent deterioration and blight conditions that adversely impact the quality of life in the city; and WHEREAS, the City Council directed the Department of Planning and Development to develop the program, including fees to cover the cost of the program and rules for the weighted inspection program, the selection of properties for inspection, and other elements of program administration; and WHEREAS, the Department has been developing fees, rules, and the administrative infrastructure for the program in continued consultation with a stakeholder group; and WHEREAS, the Department in consultation with the stakeholder group has identified proposed changes to the ordinance to clarify council intent, prevent unintended consequences, and reduce program costs through administrative efficiencies; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. The title of Ch. 22.214 of the Seattle Municipal Code, established by Ordinance 124011, is amended as follows:
Chapter 22.214 (( Section 2. Section 22.214.010 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.010 Declaration of purpose
The City Council finds that establishing a Rental (( Section 3. Section 22.214.020 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.020 Definitions For purposes of this Chapter 22.214, the following words or phrases have the meaning prescribed below:
1. "Accessory dwelling unit" or "ADU" means an "Accessory dwelling unit" or a "detached accessory dwelling unit" or "DADU" as defined under "Residential ((
2. "Certificate of Compliance" means the document (( * * *
11. " Housing Unit" means any structure or part of a structure (( * * * Section 4. Section 22.214.030 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.030 Applicability * * *
B. The inspection provisions of this Chapter 22.214 shall apply to rental housing units that are included in this Rental ((
1. Rental housing units that receive funding or subsidies from federal, state, or local government when the rental housing units are inspected by a federal, state, or local governmental entity at least once every five years as a funding or subsidy
requirement; and the ((
2. Rental housing units that receive conventional funding from private or government insured lenders when the rental housing unit is inspected by the lender or lender's agent at least once every five years as a requirement of the loan; and the lender or
lender's agent submits information to the Department within 60 days of (( 3. Accessory dwelling units and detached accessory dwelling units, provided the owner lives in one of the housing units on the property and an "immediate family" member as identified section 22.206.160.C.1.e lives in the other housing unit on the same property. Section 5. Section 22.214.040 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.040 Rental housing registration, compliance declaration, and renewals
A. With the exception of rental housing units identified in (( * * *
3. ((
B. All properties with rental housing units constructed or occupied after January(( * * *
E. The fees for rental housing registration, renewal , ((
F. The new owner of a registered property shall, within 60 days after the sale is closed on a registered property, (( G. An application for a rental housing registration shall be made to the Department on forms provided by the Director. The application shall include, but is not limited to:
1. The address of the property((
((
((
((
((
((
((
(( H. A rental housing registration must be renewed according to the following procedures: 1. A registration renewal application and the renewal fee shall be submitted at least 30 days before the current registration expires;
2. All information required by ((
3. A new declaration as required by (( I. Within 30 days after the Department issues a rental housing registration, a copy of the current registration shall be delivered by the property owner or owner's agent to the tenants in each rental housing unit or shall be posted by the property owner or owner's agent and remain posted in one or more places readily visible to all tenants. A copy of the current registration shall be provided by the property owner or owner's agent to all new tenants at or before the time they take possession of the rental housing unit. J. If any of the information required by section 22.214.040.G changes during the term of a registration, the owner shall update the information within 60 days of the information changing, on a form provided by the Director. Section 6. Section 22.214.045 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.045 Registration denial or revocation A. A rental housing registration may be denied or revoked by the Department as follows: 1. A registration or renewal registration application may be denied for: a. Submitting an incomplete application; or
b. Submitting a (( 2. A rental housing registration may be revoked for:
a. Failing to comply with the minimum standards as required in (( b. Submitting a declaration of compliance or certificate of compliance the owner knows or should have known is false; c. Failing to use a qualified rental housing inspector;
d. Failing to ((
e. Failing to deliver or post the registration as required by (( * * * Section 7. Section 22.214.050 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.050 Inspection and certificate of compliance required
A. The Department shall ((
B. The Department shall ensure that all properties registered under this Chapter 22.214 shall be inspected at least once every ten years, ((
C. If the Department receives a complaint regarding a rental housing unit regulated under this program, the Department shall request that an interior inspection of the rental housing unit identified in the complaint be conducted by a Department
inspector using the general authority, process, and standards of the full Housing and Building Maintenance Code, Chapters 22.200 through 22.208 of the Seattle Municipal Code. If, after inspecting the rental housing unit the Department received the
complaint on, the Department determines the rental housing unit violates the standards in ((
D. If a property subject to this Chapter 22.214 has within two years preceding the adoption of this Chapter been subject to two or more notices of violation or one or more emergency orders of the Director for violating the standards in Chapters 22.200
through 22.208 of the Seattle Municipal Code where enforced compliance was achieved by the Department or the violation upheld in a final court decision, the rental property shall be selected for inspection during 2015 or within the first
year of required inspections , consistent with the provisions of (( E. A certificate of compliance shall be issued by a qualified rental housing inspector, based upon the inspector's physical inspection of the interior and exterior of the rental housing units, and the inspection shall be conducted not more than 60 days prior to the certificate of compliance date.
F. The certificate of compliance that shall be submitted by the property owner or owner's agent within 60 days of receiving notice of a required inspection under this ((
1. Certify (( 2. State the date of the inspection and the name, address, and telephone number of the qualified rental housing inspector who performed the inspection; 3. State the name, address, and telephone number of the property owner or owner's agent; and
4. Contain a ((
G. Inspection of rental housing units for a certificate of compliance according to ((
1. In buildings that contain more than one rental housing unit, a property owner (( a. For buildings containing 20 or fewer rental housing units, a minimum of two units are required to be inspected; or b. For buildings containing more than 20 rental housing units, 15 percent of the rental housing units, rounded up to the nearest whole number, are required to be inspected, up to a maximum of 50 rental housing units in each building.
2. The Department shall ((
3. If a rental housing unit (( H. Notice of inspection to tenants .
1. After the Department selects the rental housing units to be inspected, and the Department has provided written notice to the owner or owner's agent of the units to be inspected, the owner or owner's agent shall, prior to any scheduled inspection,
provide at least (( a. Some or all of the rental housing units will be inspected. If only a sample of the units will be inspected the notice shall identify the rental housing units to be inspected; b. A qualified rental housing inspector will enter the rental housing unit for purposes of performing an inspection according to this Chapter 22.214 ; c. The inspection will occur on a specifically-identified date and at an approximate time, and the name of the company and person performing the inspection; d. A tenant shall not unreasonably withhold consent for the owner or owner's agent to enter the property as provided in RCW 59.18.150; e. The tenant has the right to see the inspector's identification before the inspector enters the rental housing unit; f. At any time a tenant may request, in writing to the owner or owner's agent, that repairs or maintenance actions be undertaken in his or her unit; and g. If the owner or owner's agent fails to adequately respond to the request for repairs or maintenance at any time, the tenant may contact the Department about the rental housing unit's conditions without fear of retaliation or reprisal.
2. The contact information for the Department as well as the right of a tenant to request repairs and maintenance shall be prominently displayed on the notice of inspections provided under this (( * * *
I. A certificate of compliance shall be valid and used for purposes of complying with the inspection provisions of this Chapter 22.214 for five years from the date the certificate is issued, unless the Department determines that ((
J. The Department shall audit (( * * *
L. A weighted checklist based on the standards ((
M. ((
1. The minimum floor area standards for a habitable room contained in (( 2. The minimum sanitation standards contained in the following sections:
a. 22.206.050.A. ((
b. 22.206.050.D. (( c. 22.206.050.E;
d. 22.206.050.F;(( e. 22.206.050.G; and f . If a housing unit shares a kitchen or bathroom, the shared kitchen or bathroom shall be inspected as part of the unit inspection. 3. The minimum structural standards contained in section 22.206.060 ; 4. The minimum sheltering standards contained in section 22.206.070 ;
5. The minimum maintenance standards contained in (( 6. The minimum heating standards contained in section 22.206.090 ; 7. The minimum ventilation standards contained in section 22.206.100 ;
8. The minimum electrical standards contained in ((
9. The minimum standards for Emergency Escape Window and Doors contained in ((
10. The requirements for garbage, rubbish, and debris removal contained in ((
11. The requirements for extermination contained in ((
12. The requirement to provide the required keys and locks contained in ((
13.The requirement to provide and test smoke detectors contained in (( Section 8. Section 22.214.060 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.060 Private qualified rental housing inspector registration A. To register as a private qualified rental housing inspector, each registration applicant shall:
1. Pay to the Director the ((
2. Successfully complete a rental housing inspector training program on the Seattle Housing and Building Maintenance Code, the Rental ((
3. Provide evidence to the Department that the applicant possesses a current City business license issued according to section 5.55.030, and possesses (( * * * Section 9. Section 22.214.080 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows: 22.214.080 Investigation and notice of violation
A. If after an investigation the Director determines that the standards or requirements of this Chapter 22.214 have been violated, the Director may issue a notice of violation to the owners. The notice of violation shall state separately each standard
or requirement violated; shall state what corrective action, if any, is necessary to comply with the standards or requirements; and shall set a reasonable time for compliance that shall generally not be longer than 30 days. The ((
B. When enforcing provisions of this Chapter (( * * * Section 10. Section 22.214.085 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows:
22.214.085 Civil enforcement((
((
((
Section 11. A new Section 22.214.086 of the Seattle Municipal Code, is added as follows: Section 22.214.086 Penalties A. In addition to the remedies available according to Sections 22.214.080 and 22.214.085, and any other remedy available at law or in equity, the following penalties shall be imposed for violating this Chapter 22.214: 1. Any person or entity violating or failing to comply with any requirement of this Chapter 22.214 or rule adopted under this Chapter 22.214 shall be subject to a cumulative civil penalty of $150 per day for the first ten days the violation or failure to comply exists and $500 per day for each day thereafter. A separate violation exists for each day there is a violation of or failure to comply with any requirement of this Chapter 22.214 or rule adopted under this Chapter 22.214. 2. Any person or entity that knowingly submits or assists in submitting a falsified certificate of compliance, or knowingly submits falsified information upon which a certificate of compliance is issued, shall be subject to a penalty of $5,000 in addition to the penalties provided for in subsection 22.214.086.B.1. B. When the Director has issued a notice of violation according to Section 22.214.080, a property owner may, at any time prior to the initiation of a civil enforcement action, appeal to the Director the notice of violation or the penalty imposed. The appeal shall be in writing. C. After receiving an appeal, the Director shall review applicable rental registration information in the Department's records, any additional information received from the property owner, and if needed request clarifying information from the property owner or gather additional information. After completing the review the Director may: 1. Sustain the notice of violation and penalty amount; 2. Withdraw the notice of violation; 3. Continue the review to a date certain for action or receipt of additional information; 4. Modify or amend the notice of violation; or 5. Reduce the penalty amount. D. Reductions in the penalty amount may be granted by the Director when compliance with the provisions of this Chapter 22.214 has been achieved and a property owner can show good cause or factors that mitigate the violation. Factors that may be considered in reducing the penalty include but are not limited to whether the violation was caused by the act or neglect of another; or whether correction of the violation was commenced promptly prior to citation but that full compliance was prevented by a condition or circumstance beyond the control of the person cited. E. Penalties collected as a result of a notice of violation, civil action, or through any other remedy available at law or in equity shall be directed into the Rental Registration and Inspection Ordinance Enforcement Account. Section 12. A new Section 22.214.087 of the Seattle Municipal Code, is added as follows: 22.214.087 Rental Registration and Inspection Ordinance Enforcement Accounting Unit A restricted accounting unit designated as the "Rental Registration and Inspection Ordinance Enforcement Account" is established in the Planning and Development Fund from which account the Director is authorized to pay or reimburse the costs and expenses incurred for notices of violation and civil actions initiated according to Sections 22.214.080 and 22.214.085. Money from the following sources shall be paid into the Rental Registration and Inspection Ordinance Enforcement Account: A. Penalties collected according to Section 22.214.086 for enforcing this Chapter 22.214 according to the notice of violation process described in Section 22.214.080; B. Penalties collected according to Section 22.214.086 for enforcing this Chapter 22.214 when a civil action has been initiated according to Section 22.214.085; C. Other sums that may by ordinance be appropriated to or designated as revenue the account; and D. Other sums that may by gift, bequest or grant be deposited in the account. * * * Section 13. Section 16 of Ordinance 124011 is amended as follows: Section 16. Database. The Department of Planning and Development shall develop and regularly maintain a database, to be made available electronically, posted on the Department's website, and made available for distribution to citizens or outside agencies, of the following program elements.
A. The information disclosed in the required application materials listed in ((
B. The address, name of property owner, and contact information for any property with a registration that is subject to a denial or revocation under ((
C. The date and outcome of any inspection required under ((
D. The information disclosed under the certificate of compliance in (( Section 14. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2013, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2013. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2013. _________________________________ Michael McGinn, Mayor Filed by me this ___ day of _______________________, 2013. _________________________________ Monica Martinez Simmons, City Clerk Jill Vanneman/Lish Whitson LEG: Rental Registration and Inspection Ordinance amendments v5 September 3, 2013 Version #5a |
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