2010-26 ORDINANCE NO. 2010-26
AN ORDINANCE AMENDING CHAPTER 10, ARTICLE I, SECTION 10 -5 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA, PERTAINING TO THE
RESIDENTIAL RENTAL INSPECTION PROGRAM
BE IT ORDAINED, by the City Council of the City of Fairfax, Virginia, that Chapter 10,
Article I, Section 10 -5 of the Code of the City of Fairfax, Virginia, pertaining to the
Residential Rental Inspection Program, is hereby amended, as follows:
Sec. 10 -5. Residential rental inspection program
(a) Establishment of rental inspection districts.
A map showing the rental inspection districts described in this section is hereby adopted as a
part of this article, and shall be available for public inspection in the office of code
administration. Said districts are hereinafter referred to collectively as "inspection districts"
and individually as "an inspection district."
(1) [Designation of district.] After holding a duly advertised public hearing, which hearing
shall be in compliance with subsection (a)(4) below, the governing body may designate a
rental inspection district, setting designated boundaries of the district, if the governing body
finds that:
(i) There is a need to protect the public health, safety and welfare of the occupants of dwelling
units inside the designated rental inspection district;
(ii) The residential rental dwelling units within the designated rental inspection district are
either:
a. Blighted or in the process of deteriorating, or
b. In the need of inspection by the building department to prevent deterioration, taking into
account the number, age and condition of residential dwelling rental units inside the proposed
rental inspection district; and
(iii) The inspection of residential rental dwelling units inside the proposed rental inspection
district is necessary to maintain safe, decent and sanitary living conditions for tenants and
other residents living in the proposed rental inspection district.
(2) [Designation of individual dwelling units.] After holding a duly advertised public hearing,
which hearing shall be in compliance with subsection (a)(4) below, the governing body may
designate an individual residential rental dwelling unit outside of a designated residential
district as being subject to the provisions of this section of the Code if the governing body
finds that:
(i) There is a need to protect the public health, welfare and safety of the occupants of that
individual dwelling unit;
(ii) The individual dwelling unit is either:
a. Blighted; or
b. in the process of deteriorating; or
(iii) There is evidence of violations of the building code that affects the safe, decent and
sanitary living conditions for tenants living in such individual dwelling unit.
(3) [Districts designated.] The following districts and individual residential rental dwelling
units have been duly designated as residential rental districts based on the findings of the
governing body pursuant to subsections (a)(1) and (2) herein and shall be subject to the
requirements herein.
(4) [Public hearing required.] Before establishing a rental inspection district, or any
amendment thereto, the governing body of the locality shall hold a public hearing on the
proposed ordinance change. Notice of such hearing shall be published once a week for two
successive weeks in a newspaper published or having general circulation in the city.
(5) Factors for establishing rental inspection districts. After holding a duly advertised public
hearing as required by Code of Virginia § 36- 105.1:1(C)(1), having duly given notice as
required, city council finds that within the inspection districts described in subsection (6)
herein below:
(i) There is a need to protect the public health, safety and welfare of the occupants of dwelling
units inside the designated rental inspection districts;
(ii) The residential rental dwelling units within the designated rental inspection districts are
either:
a. Blighted or in the process of deteriorating; or
b. The residential rental dwelling units are in the need of inspection by the code official to
prevent deterioration, taking into account the number, age and condition of residential
dwelling rental units inside said rental inspection districts; and
(iii) The inspection of residential rental dwelling units inside the rental inspection districts is
necessary to maintain safe, decent and sanitary living conditions for tenants and other
residents living in the rental inspection districts.
(6) Rental inspection districts established. Based upon the findings of city council as set forth
in subsection (5) herein above, the following areas are included and hereby declared to be
rental inspection districts which are subject to the requirements of this article:
East district: Census tracts 3002, 3003, 3005.
West district: Census tracts 3001, 3004.
(b) Notification.
(1) Upon adoption of a rental inspection district or districts, the director of code
administration shall develop a procedure to begin implementation of an inspection program
and shall make reasonable efforts to notify all owners of residential rental units in a
designated rental inspection district or districts and all individual dwelling units not within a
residential inspection district but subject to the rental inspection ordinance of the adoption of
the ordinance, providing information and an explanation of the responsibility of the owner to
notify the code official of any real property of the owner that is located in a residential rental
district and is used for residential rental purposes.
(2) Each owner of a rental dwelling unit in a rental inspection district shall file with the
director of code administration a written notice no later than 60 days after the date on the
notice sent by the code official pursuant to subsection (b)(1) above, that said property is a
residential rental unit. The notice shall be on a form provided by the city and shall include, but
not be limited to, the following information:
(i) The address of the residential rental dwelling unit;
(ii) The number of units;
(iii) The name, home and business addresses and telephone numbers of the owner
(3) It shall be unlawful for any person to knowingly make any false statements in a written
notice sent pursuant to subparagraph (b)(2) above.
(c) Limitations of validity of certificate of compliance.
(1) A certificate of compliance shall be valid until the property ceases to be used as a rental
unit or until the ownership of the property is transferred, whichever occurs first.
(2) In the event ownership of a dwelling or dwelling units subject to this article is transferred,
the new owner shall notify the code official and obtain a new Certificate of Compliance
within 30 calendar days of the date of transfer.
(d) Conditions for issuance of certificate of compliance; inspections of dwelling units; fees.
(1) [Temporary certificate of compliance.] Upon receipt of the written notice pursuant to
subsection (b)(2) above that a property is located in a residential rental district and is used for
residential rental purposes, the director of code administration shall issue a temporary
certificate of compliance. The temporary certificate of compliance shall expire 30 days after
the director of code administration notifies the owner of the property that an initial inspection
is required. It shall be the responsibility of the owner to schedule the inspection within 30
days of receiving notice that an inspection is required. No fee shall be charged for the
issuance of a temporary certificate of compliance.
(2) [Regular certificate of compliance.] The director of code administration shall issue a
regular certificate of compliance after determining that the dwelling unit or units for which
the regular certificate of compliance is sought and the related premises are in compliance with
the provisions of this chapter , all applicable state and local laws and regulations, and that all
required fees have been paid.
(3) [Inspections.] To make such determination, the director of code administration or his
technical assistant shall inspect the dwelling unit, grounds, and accessory structures.
(4) [Inspection fees.] An inspection fee per unit for the initial inspections, follow up
inspections and periodic inspections will be charged in accordance with the fee schedule
adopted by city council.
(5) Multifamily buildings. The initial and periodic inspections of multifamily developments
with more than ten dwelling units shall include only a sampling of dwelling units which
includes not more than ten percent of the total units in the building and no less than two units.
In no event shall a per -unit fee be charged for the inspection of more than ten dwelling units.
If violations of the building code are found, the code official may inspect as many dwelling
units as necessary to enforce the building code and may charge a per unit fee as provided for
in subsection 110- 5d(3).
(6) Director of code administration or his technical assistant may inspect the property or direct
the inspection of the property by other city or county officials if there is a complaint
registered with the city or if the official has other reason to believe that the owner or
occupants of the property are in violation of the provisions of this chapter or that the property
does not comply with applicable state and local regulations.
(e) Failure to pass inspection.
(1) If the code official determines, after inspection, that any dwelling unit or any part of the
premises related thereto fails to comply with the provisions of this chapter , a written notice of
the violation or violations shall be given to the owner. The notice shall specify a date by
which the owner shall remedy the listed violations, at which time a reinspection shall be
conducted. If further reinspections are required after the first inspection, the owner shall pay
an inspection fee for each such reinspection visit to each dwelling unit or any part of the
premises related thereto to be reinspected.
(2) The decision of the code official to disapprove a certificate of compliance may be
appealed to the board of building code appeals by the owner in accordance with the applicable
sections of this Code.
(f) Operation without certificate of compliance. It shall be unlawful for any owner or agent to
rent or lease any vacant dwelling subject to the provisions of this article and allow occupancy
thereof, unless the unit is subject to a valid certificate of compliance.
(g) Suspension of certificate of compliance.
(1) A certificate of compliance once issued may be suspended by the code official when the
official finds that the owner or occupants of the property are in violation of the provisions of
this chapter or that the property does not comply with applicable state and local regulations.
(2) No certificate of compliance shall be suspended unless the code official has served the
owner with a notice specifying the violations and affording the owner er—a reasonable period
of time to correct the violations.
(3) Upon the failure of the owner to comply within the time specified in the notice of
violation, the code official shall suspend the certificate of compliance. If the code official
determines that the violations are of a serious enough nature to warrant immediate repair, the
code official may use the authority granted in section 10 -677 to have the repairs made.
(4) In the event the property owner properly appeals a notice of violation of the property
maintenance code in accordance with section 10 -39, any pending suspension shall be stayed
until the appeal has been completed, unless the notice being appealed is a notice of unsafe
structure or structure unfit for human occupancy or an order for emergency repairs when a
condition is found that presents an immediate danger and such notice is issued in accordance
with section 105.4 of the Virginia Maintenance Code.
(5) A suspended certificate of compliance shall be reinstated after the violation or violations
have been corrected and after reimbursement to the city of any funds expended in abating the
violations.
(h) Display and availability of certificate of compliance required. Every owner must, upon
request of a prospective tenant, show to every prospective tenant before occupancy a valid
certificate of compliance covering the dwelling unit to be rented. Every owner must show to
any tenant, upon demand, a valid certificate of compliance covering the dwelling unit the
tenant occupies.
(i) Penalty for violation of section. Any person violating any provision of this section shall,
upon conviction thereof, be punished by a fine of not more than $50.00.
(j) Enforcement by injunction. Failure, refusal or neglect to comply with any of the provisions
of this section may, in addition to any other remedy provided in this section or in place
thereof, be restrained, prohibited or enjoined by an appropriate proceeding instituted in a court
of competent jurisdiction by the city attorney.
(k) Exemptions from rental inspection ordinance. Upon the initial or periodic inspection of a
residential rental dwelling unit subject to a rental inspection ordinance for compliance with
the building code, provided that there are no violations of the building code that affect the
safe, decent and sanitary living conditions for the tenants of such residential rental dwelling
unit, the building department shall provide, to the owner of such residential rental dwelling
unit, an exemption from the rental inspection ordinance for a minimum of four years. Upon
the sale of a residential rental dwelling unit, the building department may perform a periodic
inspection, subsequent to such sale. If a residential rental dwelling unit has been issued a
certificate of occupancy within the last four years, an exemption shall be granted for a
minimum period of four years from the date of the issuance of the certificate of occupancy by
the building department. If the residential rental dwelling unit becomes in violation of the
building code during the exemption period, the building department may revoke the
exemption previously granted under this section.
(1) Any owner of a residential rental dwelling unit subject to this section may authorize an
agent by written agreement to act on behalf of the owner under this section. If such agent
accepts the agency designation from the owner and written notification is provided to the city,
the city shall be entitled to rely upon such agency designation for those duties of such agent as
provided in the written agreement, until it receives a revocation of the same in writing from
either the owner or the agent. Such agency designation, however, shall not be deemed to
impose any liability upon the agent so designated, and liability for any violation of this
section shall remain with the owner, regardless of any agency designation.
This ordinance shall become effective as provided by law.
INTRODUCED: October 12, 2010
PUBLIC HEARING: October 26, 2010
ENACTED: October 26, 2010
Mayor
//9M
Date
ATTEST:
City Clerk
Votes
Councilwoman Cross Aye
Councilman Drummond Aye
Councilman Greenfield Aye
Councilman Meyer Aye
Councilman Schmidt Aye
Councilman Stombres Aye