2008-18
ORDINANCE NO. 2008-18
AN ORDINANCE AlVIENDING CHAPTER 110, ARTICLE II, SECTION 367 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA, REGAR.DING RESIDENTIAL
RENTAL OCCUPANCY PERlVIITS.
NOV\T, BE IT ORDAINED by t:he City Council of the City of Fairfax, Virginia,
'tha1: Chap't::er :110, Art:icle II, Sect:ion 367 of t:he Code 0'- t:he Cit:y 0'- Fairfax is hereby
moved t:o a nc'VV sect:ion designat:ed as Chapter 10 Sect:ion 5 and amended as '-ollo"","s:
Sec_ 10-5. Residential Rental Inspection Program
(a) Establishment of Rental Inspection Districts.
(l)After holding a duly advertised public h.earirrg, Vr.rhich hearing shall be in
compliance V\Tith Section (a)(4) beloVr.r, the goveming body may designate a
rental inspection district, setting designated boundaries of the district, if the
goveming body finds that:
(i) there is a need to protect th.e public health, safety and vvelfare of the
occupants of dV'V"elling units inside the designated rental inspection
district;
(ii) the residential rental dvvelling l..:lnits V\7ithin 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 dV\7elling rental units inside the proposed
rental inspection district; and
(iii) the inspection of residential rental dvvelling 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) After holding a duly advertised public hearing,. vvhich hearing shall be in
compliance vvith Section (a)(4) belovv" the goveming body may designate an
individual residential rental dvvelling unit outside of a designated residential
district as being subject to the provisions of subsection 10-5 of the code if the
goveming body finds that
(i) there is a need to protect the public health, "VVelfare and safety of the
occupants of that individual dV\7elling unit;
(ii) the individual dV\7elling u.nit 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 dV\7elling unit.
(3) 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 subparagraphs (a)(1) and (2) herein and shall be
subject to the requirements herein:
(4) 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 the Code of
Virginia, S 36-105.1:1(C)(1), having duly given notice as required, city council
finds that within the inspection districts described in section (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 section (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
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."
(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 sixty
(60) days after the date on the notice sent by the code official pursuant to
subparagraph (b)(l) 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:
1. The address of the residential rental dwelling unit;
2. The number of units;
3. The name, home and business addresses and telephone numbers of
the owner, and
4. the name, business address and telephone number of any other
person or agency responsible for maintenance and supervision of the
property.
(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 or the owner's agent 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) Upon receipt of the written notice pursuant to subparagraph (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) 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) To make such determination, the Director of Code Administration or his
technical assistant shall inspect the dwelling unit, grounds, and accessory
structures. Such inspection shall be performed when there is a change in
tenancy or ownership, and once every five years if there is no such change.
(4) 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 lO dwelling units shall include only a sampling
of dwelling units which includes not more than lO 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 lO 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 Section 11O-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 ofthe 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 a Certificate of
Compliance may be appealed to the board of Building Code appeals by the
applicant 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 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 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 or agent 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.
(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 or
agent must show to every prospective tenant before occupancy a valid Certificate of
Compliance covering the dwelling unit to be rented. Every owner or agent 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.
G) 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. Ifthe residential rental dwelling unit becomes in violation ofthe Building
Code during the exemption period, the building department may revoke the exemption
previously granted under this section.
This ordinance shall become effective as provided by law.
City Council Public Hearing: September 23,2008
ADOPTED: September 23,2008
B~
/t'/7/~
Date
Attest:
11~
Cl Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilwoman Cross
Councilman Drummond
Councilman Greenfield
Councilman Meyer
Councilman Rasmussen
Councilman Stombres
Aye
Aye
Aye
Aye
Aye
Absent