19860624 1986-28ORDINANCE NO. 1986=28
AN ORDINANCE REQUIRING CERTIFICATES OF OCCUPANCY FOR RENTAL
USE FOR THE RENTAL OR LEASING OF SINGLE FAMILY DWELLING UNITS IN
THE R-l, R-2, R-3, RT-6 TOWNHOUSE AND RT TOWNHOUSE ZONING DISTRICTS
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that
Chapter 26 of the Fairfax City Code be amended by the addition of Subsections
26-105(d), -109(d), -l13(d), -I17(c), and -123(c), each of which subsections shall read in
its entirety as follows:
"Rental or leasing of single family dwellings for occupancy by person(s) who are
not the owner(s), provided that the property owner shall have obtained a certificate
of occupancy for rental use from the zoning administrator.
(1) Applications for certificates of occupancy for rental use
shall be filed with the zoning administrator, on forms supplied for that
purpose, and shall include the following:
a. A statement by the property owner or manager certi-
fying that the occupants of the dwelling shall constitute a "family," as
defined in 26-#, and that the property complies with all applicable state
and local regulations, including specifically the provisions of Chapters 5,
9, 11, II.01, and 26 of this Code.
b. The name, home and business addresses, and telephone
numbers of the owner and the name, business address and telephone
number of any other person or agency responsible for maintenance and
supervision of the property.
(2) a. The violation ot any provision of this Chapter of failure
to maintain the property in accordance with applicable state and local
regulations shall constitute grounds for the revocation of the certificate
of occupancy for rental use by the zoning administrator.
b. The zoning administrator is authorized to inspect the
property or direct the inspection of the property by other city or county
officials, if he has 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.
c. Upon determination of a violation, the zoning admini-
strator shall send written notice to the property owner and manager
with instructions to correct the violation within ten (10) days of receipt
of the notice. The zoning administrator may extend this period for good
cause following a written request by the owner. If the violation has not
been corrected within the ten-day period or extension, the zoning ad-
ministrator shall issue a notice of revocation of the certificate ot
occupancy for rental use, the revocation being effective thirty days
from receipt of the notice by the property owner or manager.
(3) a. Substantiated reports of conduct by the occupants of a
rented dwelling or their guests in violation of any provision of Chapter
14 of this Code on two or more occasions within any six month period
shall also constitute grounds for the revocation of the certificate of
occupancy for rental use, if the zoning administrator determines that
revocation is necessary to protect the health, safety and welfare of the
residents of the neighborhood.
b. The zoning administrator shall send written notice to
the property owner and manager of each substantiated report. Upon
1~86-28
-2-
(t~) Revocation by the zoning administrator of the certificate of
occupancy for rental use may be appealed to the Board of Zoning Ap-
peals in accordance with the provisions of Section 26-222, et seq., of
this Chapter. The Board shall sustain the decision of the zoning admin-
istrator unless it finds that the provisions of this Section have not been
violated or that all violations have been corrected and provisions made
to assure future compliance."
BE IT FURTHER ORDAINED that the owner of any dwelling unit
subject to the provisions of this ordinance which is currently used for rental
occupancy shall obtain a certificate of occupancy for rental use in accord-
ance with the provisions of this ordinance within 180 days of the date of its
adoption or shall terminate the rental occupancy of such dwelling,
This ordinance shall become effective immediately upon its execution
by the Mayor.
PLANNING COMMISSION HEARING: 3une 16~ 1986
CITY COUNCIL HEARING: 3une 2#~ 1986
ADOPTED: 3une 2#~ 1986
ATTEST: