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Ord 2445 - Habitable Rental HousingCOUNCIL BILL NO. 2739 ORDINANCE NO. 2445 AN ORDINANCE REQUIRING HABITABLE RENTAL HOUSING AND PROVIDING FOR ADMINISTRATION AND ENFORCEMENT. THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Title. This Ordinance shall be known as the "Habitable Rental Housing Ordinance." Section 2. Legislative Findings. A. The City Council finds that a safe, decent place to live is a basic necessity that enables families to meet other basic necessities and save for their future. B. The City Council further finds there are a growing number of residential rental properties within the City, and that many of these properties are in a declining state of maintenance. C. The City Council further finds that inadequate maintenance directly affects the health, life, safety and welfare of the residents of the City of Woodburn and impacts the health and vitality of the surrounding neighborhood and the City as a whole. D. The City Council further finds that it is necessary to adopt this Ordinance so that Rental Housing in the City is maintained in a good, safe, and sanitary condition and does not create a nuisance or blighted conditions to its surroundings. E. The City Council further finds that the adoption of this Ordinance is a reasonable method of insuring suitable housing, safe and viable neighborhoods and a healthy City. Section 3. Purpose. The purpose of this Ordinance is to provide minimum habitability criteria to safeguard health, property and public welfare of the Owners, occupants and users of residential rental buildings. Section 4. State of Oregon Residential Landlord and Tenant Act. This Ordinance is intended to supplement and not conflict with the habitability standards of the Oregon Residential Landlord and Tenant Act. Page 1 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 Section 5. Scope. A. Except as described below, these standards shall apply to Rental Housing located within the City. B. Notwithstanding subsection 5A and consistent with the Oregon Residential Landlord and Tenant Act, the following are exempted from the application of this Ordinance: 1. Hotels, motels and lodging houses; 2. Hospitals and other medical facilities; 3. Nursing care facilities as defined in the Woodburn Development Ordinance; and 4. Group homes and group care facilities as defined in ORS Chapter 443. Section 6. Complaints. Complaints under this Ordinance will be initiated on a form provided by the City containing the following information: A. The name of the Person filing the complaint. B. The name of the Landlord. C. The address of the alleged violation. D. A description of the alleged violation. E. Where the Tenant is the Complainant, a certification that reasonable efforts were made to provide the Landlord with notice of the alleged violation. Section 7. Definitions. For purposes of this Ordinance, the following definitions shall apply: Dwelling Unit. A single unit providing complete independent living facilities for one or more Persons including provisions for living, sleeping, eating, cooking, and sanitation. For purposes of this Ordinance, where portions of a residential building are occupied under separate Rental Agreements, but tenants share eating, cooking, and/or sanitation facilities, each portion under a separate Rental Agreement shall be considered a Dwelling Unit. Page 2 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 Enforcement Officer. A police officer, code enforcement officer or other city official authorized by the City Administrator to enforce this Ordinance. Landlord. The Owner, lessor, or sublessor of a Dwelling Unit or a party acting as an authorized agent of the Owner, lessor or sublessor. Owner includes a mortgagee in possession and means one or more Persons, jointly or severally, in whom is vested: (a) all or part of the legal title to property; or (b) all or part of the beneficial ownership and a right to present use and enjoyment of the premises. Person. Any natural Person, firm, partnership, association or corporation. Rental Agreement. All agreements, written or oral, concerning the use and occupancy of a Dwelling Unit and premises. Rental Housing. A Dwelling Unit which is the subject of a Renta Agreement. Section 8. Maintenance of Dwelling Unit in Habitable Condition. A. A Landlord shall at all times during the tenancy maintain the Dwelling Unit in a habitable condition. For purposes of this section, a Dwelling Unit shall be considered unhabitable if it substantially lacks: 1. Effective waterproofing and weather protection of roof and exterior walls, including windows and doors; 2. Plumbing facilities which conform to applicable law in effect at the time of installation, and maintained in good working order; 3. A water supply approved under applicable law, which is: a. Under the control of the Tenant or Landlord and is capable of producing hot and cold running water; b. Furnished to appropriate fixtures; C. Connected to a sewage disposal system approved under applicable law; and d. Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the Landlord; Page 3 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 4. Adequate heating facilities which conform to applicable law at the time of installation and maintained in good working order; 5. Electrical lighting with wiring and electrical equipment which conform to applicable law at the time of installation and maintained in good working order; 6. Buildings, grounds and appurtenances at the time of the commencement of the Rental Agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the Landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; 7. Except as otherwise provided by local ordinance or by written agreement between the Landlord and the Tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the Rental Agreement, and the Landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal; 8. Floors, walls, ceilings, stairways and railings maintained in good repair; 9. Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the Landlord; 10. Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the Tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the Tenant's testing of the smoke alarm or smoke detector as provided in ORS 90.325 (6); or 11. Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises which the Tenant is entitled under the Rental Agreement to occupy to the exclusion of others and keys for such locks which require keys. Page 4 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 Section 9. Abatement Notice. Whenever a violation of this Ordinance is found to exist within the corporate limits of the city and the Enforcement Officer elects to proceed by abatement, the Enforcement Officer shall give written notice, by a type of mail that requires a signed receipt, to the Landlord of the property upon which the violation exists. Section 10. Abatement. Upon receipt of the notice that a violation exists, the Landlord shall have thirty (30) days to abate the violation. Section 11. Notice Requirements. The notice to abate the violation shall contain the following: A. An order to abate the violation within thirty (30) days; B. The location of the violation; C. A description of what constitutes the violation; D. A statement that if the violation is not abated within the prescribed time, the City will seek civil penalties under this Ordinance; and E. A statement that a Person who is dissatisfied with the abatement notice has the right to judicial review under this Ordinance. Section 12. Request for Judicial Review. The Landlord may file a written request for judicial review in the Woodburn Municipal Court within ten (10) days of the date that the notice to abate was mailed. Section 13. Requirements for Request. The request for judicial review need not be in any particular form, but should substantially comply with the following requirements: A. Be in writing; B. Identify the place and nature of the alleged violation; C. Specify the name and address of the Landlord seeking judicial review; and D. Identify the Enforcement Officer alleging that a violation exists. A copy of the request for judicial review shall be served on the Woodburn City Attorney's office. Page 5 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 Section 14. Scheduling of Judicial Review. A. The judicial review hearing shall be held within ten (10) days after the request for judicial review is made. The day may be postponed by: 1. Agreement of the parties; or 2. Order of the court for good cause. B. After a hearing is scheduled, the court shall promptly notify the parties as to the time and location of the hearing. Section 15. Judicial Review Hearing. At the judicial review hearing the City and the Landlord shall have the right to present evidence and witnesses and to be represented by legal counsel at their own expense. After due consideration of pertinent information and testimony, the court shall make its findings. The findings shall be based on substantial evidence and shall be final. Section 16. Notification of Violation. The Landlord shall be notified by a type of mail that requires a signed receipt postmarked no later than five days after the findings are entered by the court or by personal delivery by a representative of the City. Upon notification of violation, the Landlord shall have 30 days to abate the violation. Section 17. Enforcement. A. Inspection and Right of Entry. Whenever the Enforcement Officer has reasonable cause to suspect a violation of any provision of this Ordinance, the Enforcement Officer may enter on any site or into any structure for the purposes of investigation provided that no premises shall be entered without first attempting to obtain the consent of the Owner or person in control of the premises if other than the Owner. If consent cannot be obtained, the Enforcement Officer shall secure a search warrant before further attempts to gain entry, and shall have recourse to every other remedy provided by law to secure entry. B. Civil Infraction. In addition to, and not in lieu of any other enforcement mechanisms, a violation of any provision of this Ordinance constitutes a Class I Civil Infraction which shall be processed according to the procedures contained in the Woodburn Civil Infraction Ordinance. C. Civil Proceeding Initiated by City Attorney. The City Attorney, after obtaining authorization from the City Council, may initiate a civil proceeding on behalf of the city to enforce the provisions of this Ordinance. This civil proceeding may include, but is not limited to, injunction, mandamus, Page 6 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 abatement, or other appropriate proceedings to prevent, temporarily or permanently enjoin or abate any violations of this Ordinance. Section 18. Prohibition on Retaliatory Conduct by Landlord. No Landlord may terminate a tenancy, increase rent, decrease services or refuse to renew a lease or tenancy because a Tenant has in good faith; A. Filed a complaint under this Ordinance; or B. Requested the Landlord to make repairs to a premises as required by this Ordinance; or C. Provided information or testified in any proceeding involving the enforcement of this Ordinance, Section 19. Separate Offenses. Each day during which a violation of this Ordinance continues shall constitute a separate offense for which a separate penalty may be imposed, Section 20. Severability. If any section, paragraph, subdivision, clause, sentence, or provisions of this Ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of the title, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered, it being the intent of the governing body to enact the remainder of this Ordinance notwithstanding the parts to be declared unconstitutional and invalid. Approved as to form; J City Attorney - �� Date e Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder Mary TeMant City Recorder City of Woodburn, Oregon Page 7 - COUNCIL BILL NO. 2739 ORDINANCE NO. 2445 igl9y, Mayr September Z—,2008 September 10, 2008 September 10, 2008 September 10, 2008