19980728 1998-27ORDINANCE NO. 1998- 27
AN ORDINANCE TO AMEND CHAPTER 26, ARTICLE I, SECTION 26-2,
ARTICLE II, DIVISION 13, SECTION 103.1, AND ARTICLE XXI, SECTION 26-222
OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA CONCERNING RENTAL
OCCUPANCY PERMITS.
BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Section
26-2, Article I of Chapter 26 of the Code of the City of Fairfax is hereby amended to read in
its entirety as follows:
Sec. 26-2 Enforcement of chapter.
Unless otherwise provided, this chapter shall be enforced by a zoning administrator
appointed by the city manager. No land or structure shall be changed in use and no structure
shall be erected, altered, added to or enlarged or moved, until the zoning administrator shall
have certified that the plans and intended use of the structure and the location thereof are in
conformity with this chapter. The zoning administrator shall not approve any application
when under this chapter prior approval of the planning commission, board of zoning appeals,
board of architectural review or health officer is required, until the approval of such planning
commission, board of zoning appeals, board of architectural review or health officer is
obtained.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia
that Section 26-103. i, Division 13, Article II of Chapter 26 of the Code of the City of Fairfax,
is hereby amended to read in its entirety as follows:
Sec. 26-103.1 Residential rental occupancy permits.
(a) Applicability.
The rental or leasing of residential dwelling units in the zoning districts where permitted,
except rental apartment houses, for occupancy by person(s) who are not the owner(s) of such
dwellings shall be permitted only after the property owner has obtained a certificate of
occupancy for rental use, hereafter referred to as a rental occupancy permit.
(b) Application.
(1) Applications for rental occupancy permits shall be filed by the owner or agent
thereof with the code official designated by the city manager, on forms to be
provided by the City, and shall include the following;
(a)
A statement by the property owner or manager certifying that the occupants of
the dwelling unit shall constitute a "family," as defined in section 26-4, and
that the property complies with all applicable state and local regulations.
including specifically the provisions of chapters 5, 9, 11, 11.01 and 26 0fthe
City Code.
(b)
The name, home and business address, 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. The
owner or agent thereof shall submit applicable revisions to the application if
the information thereon changes subsequent to the initial filing.
(2) The fee for issuance or renewal of a rental occupancy permit, and associated
inspections, shall be established by resolution of the city council, and payment of
such fee shall be made with the filing of the application.
(3) It shall be unlawful for any person knowingly to make any false statements in an
application for a rental occupancy permit.
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(c) Limitations of Validity of Permit
(1)
A rental occupancy permit 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 or the owner's agent shall make application for a new
rental occupancy permit within 30 calendar days of the date of transfer.
(d) Conditions for issuance of permits; inspections of dwelling units; fees.
(1)
Upon the making of an application for a rental occupancy permit, the code official
shall issue the permit after determining that the dwelling unit or units for which
the permit 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.
(2)
To make such determination, the code official shall inspect the dwelling unit,
grounds, and accessory structures. The code official shall perform such inspection
when there is a change in tenancy or ownership, and once every five (5) years if
there is no such change.
(3)
The code official 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 applicant. The
notice shall specify a date by which the applicant shall remedy the listed
violations, at which time a reinspection shall be conducted. If further
reinspections are required after the first inspection, the applicant 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 an application for a rental
occupancy permit may be appealed to the Board of Zoning Appeals by the
applicant in accordance with the applicable sections of this code.
(f) Operation without permit.
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
rental occupancy permit.
(g) Suspension of permit.
(1) A permit 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. A suspended permit shall be reinstated after the violation or violations
have been corrected.
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(2) No permit shall be suspended unless the code official has served the owner or the
owner's agent with a notice specifying the violations and affording the owner or
the agent a reasonable period of time to correct the violations.
(3) Upon the failure of the owner or the owner's agent to comply within the time
specified in the notice of violation, the code official may suspend the permit.
(4) In the.event the property owner or agent properly appeals a notice of violation of
the property maintenance code in accordance with section 5.11 of the City Code,
any pending suspension shall be stayed until the appeal has been completed.
(h) Revocation of permit.
(1)
Substantiated reports of conduct by the occupants of any rented dwelling or their
guests in violation of any provision of chapter 14 of the City Code or any criminal
act in violation of any provision of the Code of Virginia on two (2) or more
occasions within any six-month period shall constitute grounds for the revocation
of the rental occupancy permit if the code official determines that revocation is
necessary to protect the health, safety and welfare of the residents and/or residents
of the neighborhood.
(2)
The code official shall send written notice to the property owner or agent of each
substantiated report of any violation set forth in subsection (h)(1). Upon receipt of
the second such notice within a six-month period, the property owner or agent
shall submit a proposal for assuring that such incidents will not continue on the
subject property. If the property owner or agent should fail to submit a satisfactory
proposal within ten (10) days of receipt of such notice, the code official shall issue
a notice of revocation of the rental occupancy permit, the revocation being
effective thirty (30) days from receipt of the notice by the property owner or agent.
(3)
Revocation of the rental occupancy permit by the code official may be appealed to
the board of zoning appeals in accordance with the provisions of section 26-222 et
seq. of this chapter. The board shall sustain the decision of the code official unless
it finds that the provisions of this section have not been violated or that all of the
violations have been corrected and provisions made to assure future compliance.
(4)
Upon revocation of any rental occupancy permit, no application for a subsequent
rental occupancy permit shall be accepted by the code official for such property
within three (3) months of the date of revocation. In the case of an appeal that is
denied, the date of denial of the appeal by the board of zoning appeals shall
constitute the date of revocation of the permit.
(i) Display and availability of permit required.
Every owner or agent must show to every prospective tenant before occupancy a valid rental
occupancy permit covering the dwelling unit to be rented. Every owner or agent must show
to any tenant, upon demand, a valid rental occupancy permit covering the dwelling unit the
tenant occupies.
(j) Penalty for violation of section.
Any person violating any provision of this section shall, upon conviction thereofi be punished
by a fine of not more than $1,000 or by imprisonment not exceeding six months. In addition,
the court may impose a bond to assure compliance with the provisions of this section for the
next succeeding year.
(k) 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 herein or in place thereof, be restrained, prohibited or
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enjoined by an appropriate proceeding instituted in a court of competent jurisdiction by the
city attorney.
(1) New construction.
The requirement for an inspection fee shall not apply to any building for which a certificate of
occupancy has been issued by the city until one year a~er the issuance of such certificate of
occupancy.
BE IT FURTHER ORDAINED by the City Council of the City of Fairfax, Virginia
that Section 26-222, Article XXI of Chapter 26 of the Code of the City of Fairfax, is hereby
amended to read in its entirety as follows:
Sec. 26-222. Appeals to board.
An appeal to the board may be taken by any person aggrieved or by any officer,
department, board or bureau of the city affected by any decision of the zoning administrator
or any other administrative officer in the administration or enforcement of this chapter or any
ordinance adopted pursuant thereto. Such appeal shall be taken within thirty (30) days after
the decision appealed from by filing with the zoning administrator, and with the board, a
notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith
transmit to the board all the papers constituting the record upon which the action appealed
from was taken. An appeal shall stay all proceedings in furtherance of the action appealed
from unless the zoning administrator certifies to the board that by reason of facts stated in the
certificate a stay would in his opinion cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining order granted by the board or
by a court of record, on application and on notice to the zoning administrator and for good
cause shown.
This ordinance shall become effective as provided by law.
Planning Commission Hearing: May 18, 1998 and June 8, 1998
City Council Hearing:.. July 28, 1998
ADOPTED: July 28, 1998
Attest:
Clerk
The vote to adopt was 3-2, recorded as follows:
Vote:
Councilman Coughlan No
Councilman Greenfield Yes
Councilwoman I_ederer .,Yes
Councilman Petersen Yes
Councilman Rasmussen :---
Councilman Silverthorne No