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Seattle City Council Bills and Ordinances

Information retrieved on February 20, 2019 2:03 AM

Council Bill Number: 117905
Ordinance Number: 124312


Title
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.


Status: Passed
Date passed by Full Council: September 30, 2013
Vote: 6-0
Date filed with the City Clerk: October 8, 2013
Date of Mayor's signature: October 8, 2013
(About the signature date)

Date introduced/referred to committee: September 9, 2013
Committee: Housing, Human Services, Health, and Culture
Sponsor: LICATA
Committee Recommendation: Pass
Date of Committee Recommendation: September 25, 2013
Committee Vote: 3 (Licata, Bagshaw, Harrell)-0

Index Terms: MUNICIPAL-CODE, AMENDMENT, RENTAL-HOUSING, ADMINISTRATIVE-PROCEDURES

References/Related Documents: Ordinance 124011

Fiscal Note: Fiscal Note to Council Bill No. 117905

Scan of signed legislation: PDF scan of Ordinance No. 124312


Text

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 (( Rental Housing Registration and Inspection Program )) Rental Registration and Inspection Ordinance

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 (( Housing ))Registration and Inspection (( Program )) Ordinance is necessary 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. This shall be accomplished by requiring rental housing be registered and properly maintained, and that substandard housing conditions be identified and corrected.

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 (( Use )) use " in Section 23.84A.032.

2. "Certificate of Compliance" means the document (( signed and dated )) issued by a (( Qualified Rental Housing Inspector )) qualified rental housing inspector (( that is )) and submitted to the Department (( as the result of an inspection conducted by a Qualified Rental Housing Inspector and )) by a property owner or agent that certifies the rental housing units that were inspected by the qualified rental housing inspector comply with the requirements of this Chapter 22.214 (( and the standards in section 22.214.050.M )).

* * *

11. " Housing Unit" means any structure or part of a structure (( in the city ))that is used or may be used by one or more persons as a home, residence, dwelling, or sleeping place ; (( by one or more persons )) including but not limited to single-family residences, duplexes, triplexes, and four-plexes(( , )) ; multi-family (( dwellings )) units, apartment (( buildings, )) units, (( condominiums )) condominium units, (( rooming houses )) rooming-house units, micro dwelling units, housekeeping units, single room (( occupancies )) occupancy units, and accessory-dwelling units (( , )) ; and any other structure having similar living accommodations.

* * *

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 (( Housing ))Registration and Inspection (( Program )) Ordinance , with the exception of:

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 (( entity, )) rental housing unit owner or agent submits information to the Department within 60 days of (( when the housing unit would otherwise be subject to inspection under this Chapter )) being notified that an inspection is required that demonstrates the periodic federal, state, or local government inspection is substantially equivalent to the inspection required by this Chapter; and

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 (( when the housing unit would otherwise be subject to inspection under this Chapter )) being notified that an inspection is required that demonstrates (( how ))the periodic lender inspection is substantially equivalent to the inspection required by this Chapter; and

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 (( section )) subsection 22.214.030.A, all properties containing rental housing units shall be registered with the Department(( between January 1, 2014 and December 31, 2016; after which )) according to the registration deadlines in this section 22.214.040.A. After the applicable registration deadline, no one shall rent, subrent, lease, sublease, let, or sublet to any person or entity a rental housing unit without first obtaining and holding a current rental housing registration for the property where the rental housing unit is located. The registration shall identify all rental housing units on the property and shall be the only registration required for the rental housing units on the property. For condominiums and cooperatives, the (( "property" )) property required to be registered shall be the individual housing unit being rented and not the entire condominium building (( . )) , cooperative building, or development. If a property owner owns more than one housing unit in a condominium or cooperative building, the owner may submit a single registration application for the units owned in the building. Properties with rental housing units shall be registered according to the following schedule:

* * *

3. (( By December 31, 2016 all properties with one to four rental housing units )) Between January 1, 2015 and December 31, 2016, all properties with one to four rental housing units shall be registered according to a schedule established by Director's rule. The schedule shall include quarterly registration deadlines; and shall be based on dividing the city into registration areas that are, to the degree practicable, balanced geographically and by rough numbers of properties to be registered in each area .

B. All properties with rental housing units constructed or occupied after January(( , )) 1, 2014 shall be registered (( within one year after the first temporary or final Certificate of Occupancy is issued. )) prior to occupancy or according to the registration schedule established in subsection 22.214.040.A, whichever is later.

* * *

E. The fees for rental housing registration, renewal , (( registration, registration transfer, registration ))reinstatement, or for other Rental (( Housing )) Registration and Inspection (( Program )) Ordinance program purposes shall be adopted by amending Chapter 22.900.

F. The new owner of a registered property shall, within 60 days after the sale is closed on a registered property, (( pay a registration transfer fee, ))update the current registration (( application, )) information and post or deliver the updated registration according to (( section )) subsection 22.214.040.I. When property is held in common with multiple owners, the registration shall (( only ))be updated when more than 50 percent of the ownership changes.

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(( as established by the United States Postal Service ));

(( 2. The King County Tax Assessor tax parcel number of the property; ))

(( 3 )) 2 . The name, address, and telephone number of the property owners;

(( 4 )) 3 . The name, address, and telephone number of the registration applicant if different from the property owners;

(( 5 )) 4 . The name, address, and telephone number of the person or entity the tenant is to contact when requesting repairs be made to their rental housing unit, and the contact person's business relationship to the owner;

(( 6 )) 5 . A list of all rental housing units on the property, identified by a means unique to each unit, that are or may be available for rent at any time;

(( 7 )) 6 . A declaration of compliance (( signed by )) from the owner or owner's agent, (( under penalty of perjury, )) declaring that all housing units that are or may be available for rent (( and )) are listed in the registration application and meet or will meet the standards (( in section 22.214.050.M )) in this Chapter 22.214 before the units are rented ; and

(( 8 )) 7 . A statement identifying whether the conditions of the housing units available for rent and listed on the application were established by declaration of the owner or owner's agent, or by physical inspection by a qualified rental housing inspector.

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 (( section )) subsection 22.214.040.G shall be updated as needed; and,

3. A new declaration as required by (( section )) subsection 22.214.040.G.6 shall be submitted.

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 (( certificate )) declaration of compliance the owner knows or should have known is false; and

2. A rental housing registration may be revoked for:

a. Failing to comply with the minimum standards as required in (( section 22.214.050.M )) this Chapter 22.214 ;

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 (( transfer a registration to a new owner )) update and deliver or post registration information as required by (( section )) subsection 22.214.040.F; or

e. Failing to deliver or post the registration as required by (( section )) subsection 22.214.040.I.

* * *

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 (( annually )) periodically select from registered properties containing rental housing units, the properties that shall be inspected by a qualified rental housing inspector for certification of compliance. The property selection process shall be based on a random methodology adopted by rule, and shall include at least ten percent of all registered rental properties per year . (( For newly )) Newly constructed or substantially-altered properties that receive final inspections or a first certificate of occupancy and (( registered under section 22.214.040.B )) register after January 1, 2014(( , the properties )) shall be included in the random property selection process after the date the property registration is required to be renewed for the first time.

B. The Department shall ensure that all properties registered under this Chapter 22.214 shall be inspected at least once every ten years, (( except as provided in sections 22.214.050.C and 22.214.050.D; ))or as otherwise allowed or required by any federal, state, or city code. In addition, at least ten percent of properties whose prior inspections are more than five years old shall be reinspected each year. The Director shall by rule determine the method of selecting properties for reinspection.

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 (( S e ction )) subsection 22.214.050.M and (( would cause )) causes the rental housing unit to fail inspection under this Chapter 22.214, the Director may require that (( all )) any other rental housing units covered under the same registration on the property be inspected (( according to section 22.214.050.G.1.c. and 22.214.050.G.1.d )) following the procedures of this section 22.214.050 for inspection timing, giving notice to tenants, and submitting a certificate of compliance . The inspection of (( all )) any other rental housing units may be conducted by a private qualified rental housing inspector.

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 (( section )) subsections 22.214.050.E(( . )) through (( M )) 22.214.050.M .

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 (( section )) Section 22.214.050 , shall:

1. Certify (( List and show )) compliance with the standards (( contained in )) as required by this Chapter 22.214 (( section 22.214.050.M ))for each rental housing unit that was inspected;

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 (( sworn ))statement that the qualified rental housing inspector personally inspected all rental housing units listed on the certificate of compliance.

G. Inspection of rental housing units for a certificate of compliance according to (( sections )) subsections 22.214.050.A and 22.214.050.B shall be accomplished as follows(( . )) :

1. In buildings that contain more than one rental housing unit, a property owner (( an applicant )) may choose to have all of the rental housing units inspected by a qualified rental housing inspector. If the building has not had (( conditions )) Housing and Building Maintenance Code violations reported to and verified by the Department through enforced compliance or a final court decision (( and the violation )) that would have caused a unit to fail inspection under (( section 22.214.050.M )) this Chapter 22.214 within any preceding 12 months or since the last inspection required by this Chapter 22.214, whichever is the most recent, an applicant may choose to have only a sample of the rental housing units inspected. If the applicant chooses to have a sample of the rental housing units inspected the following requirements shall apply:

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 (( randomly )) select the rental housing units to be inspected under this Section (( 22.214.045 )) 22.214.050 using a methodology adopted by rule.

3. If a rental housing unit (( randomly ))selected by the Department fails the inspection, the Department may require that up to 100 percent of the rental housing units in the building where the unit that failed inspection is located be inspected.

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 (( 48 hours )) two days advance written notice to all tenants residing in all rental housing units on the property advising the tenants that:

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 (( section 22.214.050.I )) subsection 22.214.050.H .

* * *

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 (( a violation of section 22.214.050.M exists for any of the rental housing units listed in the certificate of compliance. If the Department determines that a violation of section 22.214.050.M exists in any )) the certificate is no longer valid because one or more of the rental units listed in the certificate of compliance(( , )) no longer meets the standards as required in this Chapter 22.214. When the Department determines a certificate of compliance is no longer valid, the owner may be required to have all rental housing units on the property inspected by a qualified rental housing inspector, obtain a new certificate of compliance, and pay a new registration fee.

J. The Department shall audit (( inspection reports and ))certificates of compliance prepared by private qualified rental housing inspectors by reviewing (( inspection findings and )) certificates of compliance to determine their completeness and accuracy. (( The Department may as an element of auditing inspection reports and certificates of compliance, inspect any listed rental housing unit for compliance with this Chapter 22.214. )) If the Department determines that a violation of this Chapter 22.214 exists, the owner and qualified rental housing inspector shall be subject to all enforcement and remedial provisions provided for in this Chapter 22.214 .

* * *

L. A weighted checklist based on the standards (( Weighted values that are assigned to each inspection standard )) identified in (( section )) subsection 22.214.050.M shall be adopted by rule and used to determine whether a rental housing unit will pass or fail inspection.

M. (( A qualified rental housing inspector inspecting a rental housing unit for a certificate of compliance under this Chapter 22.214 shall inspect for and certify compliance with the )) The following requirements of the Housing and Building Maintenance Code shall be included in the weighted checklist required by subsection 22.214.050.L and used by a qualified rental housing inspector to determine whether a rental housing unit will pass or fail inspection :

1. The minimum floor area standards for a habitable room contained in (( section )) subsection 22.206.020.A. Section 22.206.020.A shall not apply to single room occupancy units;

2. The minimum sanitation standards contained in the following sections:

a. 22.206.050.A. (( Section )) Subsection 22.206.050.A shall only apply to a single room occupancy unit if the unit has a bathroom as part of the unit;

b. 22.206.050.D. (( Section )) Subsection 22.206.050.D shall only apply to a single room occupancy unit if the unit has a kitchen;

c. 22.206.050.E;

d. 22.206.050.F;(( and ))

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 (( section )) subsection 22.206.080.A;

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 (( section )) subsection 22.206.110.A;

9. The minimum standards for Emergency Escape Window and Doors contained in (( section )) subsection 22.206.130.J;

10. The requirements for garbage, rubbish, and debris removal contained in (( section )) subsection 22.206.160.A.1;

11. The requirements for extermination contained in (( section )) subsection 22.206.160.A.3;

12. The requirement to provide the required keys and locks contained in (( section )) subsection 22.206.160.A.11; and

13.The requirement to provide and test smoke detectors contained in (( section )) subsection 22.206.160.B.4.

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 (( annual )) registration fee as specified in Chapter 22.900;

2. Successfully complete a rental housing inspector training program on the Seattle Housing and Building Maintenance Code, the Rental (( Housing ))Registration and Inspection(( Program )) Ordinance , and program inspection protocols administered by the Director. Each applicant for the training program shall pay to the Director a training fee set by the Director that funds the cost of carrying out the training program; and

3. Provide evidence to the Department that the applicant possesses a current City business license issued according to section 5.55.030, and possesses (( a ))current (( certification according to )) credentials as defined in (( section 22.214.020.1.b )) subsection 22.214.020.9.b.

* * *

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 (( 30-day ))compliance period shall not be extended without a showing that the owner is working in good faith and making substantial progress towards compliance.

B. When enforcing provisions of this Chapter (( related to property registration, as provided for under sections 22.214.040.A, 22.214.040.B, 22.214.040.F, or 22.214.040.G )) 22.214 , the Director may issue warnings prior to issuing notices of violation.

* * *

Section 10. Section 22.214.085 of the Seattle Municipal Code, adopted in Ordinance 124011, is amended as follows:

22.214.085 Civil enforcement(( and penalties ))

(( A. ))In addition to any other remedy authorized by law or equity, civil actions to enforce this Chapter 22.214 shall be brought exclusively in Seattle Municipal Court except as otherwise required by law or court rule. The Director shall request in writing that the City Attorney take enforcement action. The City Attorney shall, with the assistance of the Director, take appropriate action to enforce this Chapter 22.214. In any civil action filed according to this Chapter 22.214, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed. The issuance of the notice of violation is not itself evidence that a violation exists.

(( B. In addition to 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 a violation or failure to comply with any requirement of this Chapter 22.214 or rule adopted under this Chapter 22.214 exists.

2. Any person or entity that knowingly submits or assists in submitting a falsified inspection report or 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 section 22.214.085.B.1.

3. Any property owner who fails to register a property, transfer a registration or renew a registration, as provided for under sections 22.214.040.A, 22.214.040.B, 22.214.040F, or 22.214.040G shall be subject to a penalty of $1,000; except when any property that has 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 penalties of section 22.214.085.B.1 shall apply. ))

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 (( section )) subsection 22.214.040.G , provided that contact information need only be displayed for the person or entity a tenant is to contact when requesting repairs to a rental housing unit be made ;

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 (( section )) subsection 22.214.045;

C. The date and outcome of any inspection required under (( section )) subsection 22.214.050.A; and

D. The information disclosed under the certificate of compliance in (( section )) Subsection 22.214.050.F , provided that contact information need only be displayed for the person or entity a tenant is to contact when requesting repairs to a rental housing unit be made .

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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