West Columbia SC Monitoring Rental Homes

YOU MUST READ THIS IF YOU OWN RENTALS IN WEST COLUMBIA, SC OR KNOW SOMEONE THAT DOES.................... I PERSONALLY DONT AGREE WITH TOWNS HAVING RIGHT TO COME INTO RENTAL HOMES TO INSPECT THEM.



STATE OF SOUTH CAROLINA

CITY OF WEST COLUMBIA
AN ORDINANCE TO REVISE
TITLE 5, CHAPTER 2
TO ADOPT RENTAL HOUSING REGULATIONS

ORDINANCE TO AMEND THE CITY OF WEST COLUMBIA ORDINANCE TITLE FIVE, CHAPTER 2, TO REGULATE RENTAL HOUSING

WHEREAS, the City Council of West Columbia (the “Council”)desires to regulate residential rental properties, the Council finds it necessary to require owners of residential rental property to obtain a permit for the rental property; and

WHEREAS, the Council has found it necessary to monitor infractions including noise offenses, occupancy, alcohol offenses, and disorderly conduct as well as health, zoning, and property maintenance regulations arising at residential rental properties and to provide a coordinated response to neighbors who are adversely affected by repeated offenses on problem residential properties; and

WHEREAS, the Council intends, through the adoption of this ordinance, to provide additional enforcement tools to protect its residents and effectively deal with problem residential rental properties; and

WHEREAS, the Council finds these goals are met by the attached provisions which regulate residential rental housing throughout the City of West Columbia; and

NOW BE IT THEREFORE ORDAINED that Title Five, Chapter 2, of the City of West Columbia Code of Ordinances be amended to include the attached provisions regarding Rental Housing Regulations.

IT IS FURTHER ORDAINED that these provisions shall take effect immediately upon passage.


Done this ____ day of ______________, 2009

ATTEST.




City Clerk Mayor


First Reading:
Public Hearing: _________________
Second Reading:
Rental Housing Regulations

Section 5-2-120 Definitions.

1. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

(a) Occupant. A “family” as defined by the City of West Columbia Zoning Ordinance.

(b) Owner. Any person, firm, or corporation having a legal or equitable title in the property; or recorded in the official records of the state, county or municipality as holding title.

(c) Residential rental unit. That portion of a “dwelling” as defined by the City of West Columbia Zoning Ordinance for which payment or other consideration is being made to an owner, agent, or manager for the use and occupancy of that portion as a living facility, excluding manufactured homes, hotels, motels, medical or long term care facilities, and bed and breakfast establishments. Whenever the words “rental unit” are stated in this Code, they shall be construed as though they were followed by the words “or any part thereof.”

(d) Absentee landlord. (a) the owner of residential rental units who are shown as the most-recent property owner(s) on the real property tax notice for the then current year issued by the Richland or Lexington County Treasurer’s Office; and, (b) who resides outside of or, if the rental property is managed by or through a business office, and that business office is outside of Richland or Lexington County; or, (c) whose tax notice is addressed to a post office box regardless of the county of residence of the owner.


Section 5-2-121 Rental permit required.

1. No owner, whether a person, firm or corporation, shall operate any residential rental unit as defined in Section 5-2-120 unless that owner holds a current rental permit issued by the City for the residential rental unit named therein.

2. Permits are not transferable from any owner to another.

3. The permitting year shall begin on January 1 and end on December 31. If a permit fee is required, it must be paid by the 30th of April each year. If a permit fee is required, renewals of permits after April 30 will be assessed a late penalty fee of five percent of the unpaid fee per month. For the year 2010, the permitting period shall be as specified by the Building Official.


Section 5-2-122 Application.

1. Applications to operate residential rental units and for renewal thereof shall be on a form provided by the City of West Columbia.

2. The form shall set forth the owner’s name, address, and telephone number, the residential rental unit address, the name of the person, firm, or corporation responsible for the care and maintenance of the building and additional information as outlined on the application for rental housing.

Section 5-2-123 Property owner and the person in charge.

1. A permit will not be issued to an absentee landlord, unless a person in charge is designated. The person in charge must reside in or have an office within a 30-mile radius of the City and be able to act as the agent for the owner. The Building Official shall be notified in writing if there is a change of owner or person in charge within 14 days of the change.

2. The property owner and/or the person in charge shall maintain all residential rental units under their control in compliance with the City codes and is responsible for providing access for the purpose of making inspections necessary to ensure compliance with the City’s ordinances and accepting legal notices or service of process with respect to the rental unit.

3. For every residential rental unit, the owner or person in charge shall be responsible for the repair and maintenance of the common areas of the dwelling and responding to service requests and emergency needs, including entry into units where an emergency appears to exist. Such person or persons shall be situated close enough to the dwelling as to be able to service tenant and emergency calls with reasonable dispatch. The owner shall advise the tenants individually of the names, addresses, and telephone numbers of such owner and/or person in charge.

4. Rental property owner(s) and/or the responsible person in charge, if applicable, shall be solely responsible for insuring compliance with all zoning, nuisance and property maintenance codes. Failure to abate violations after notice shall result in enforcement action against the rental property owner(s) or responsible person in charge if applicable. The City, in addition to or in lieu of issuing a uniform ordinance summons for a violation of this ordinance, may pursue any other remedy permitted by law. The filing of an appeal shall not act as a stay of the City’s right to pursue any other remedies as permitted by law.

Section 5-2-124 Acknowledgement of applicable codes.

The rental property owner(s) and/ or responsible person in charge, if applicable, shall be required at the time of registration to sign a form acknowledging the existence and access to city codes applicable to the rental and maintenance of residential properties and their responsibilities related to said code sections.

Section 5-2-125 Notice procedure.

Notices of violation to registered rental property owner(s) or the responsible person in charge, if applicable, shall be:

(a) In writing and include a description of the property.
(b) Include a descriptive statement of the violation and required corrective action.
(c) State the compliance and applicable appeal period.
(d) Be delivered personally or by first-class mail to the rental property owner(s) or responsible person in charge, if applicable, at the last address furnished as part of the registration process.
(e) The city may elect but is not required to provide supplemental notice by e-mail and/ or facsimile.

Section 5-2-126 Reduction in notice requirements.

The standard notice, appeal and compliance periods stated in all property maintenance codes adopted by the city, including the International Property Maintenance Code, shall be reduced to seven (7) days for registered rental properties. The only exception to this provision shall apply to notices of condemnation proceedings.
Section 5-2-127 Inspections.

The City reserves the right to inspect rental units. Nothing in this section shall preclude the inspection of dwellings.

(a) Basis for inspections. Inspections may be made to obtain and maintain compliance with the standards of this article based upon one of the following:

(1) A complaint received by the building department or forwarded to the building department by another city department, indicating that there is a potential violation of the standards or the provisions of any ordinance adopted by the city;
(2) An observation by the building department or forwarded to the building department by another city department of a violation of the standards or the provisions of any ordinance adopted by the city;
(3) A report or observation of a dwelling unit that is unoccupied and unsecured or a dwelling that is damaged by fire;
(4) The registration, re-registration, and certification of a rental unit as required by this article;
(5) The need to determine compliance with a notice or an order issued by the City;
(6) An observed condition or condition reasonably believed to exist deemed dangerous to human life or public welfare;
(7) Requirements of law where a dwelling is to be demolished by the City or where ownership is to be transferred to the city.

(b) Inspection procedures.

(1) If a basis for inspection is established under subsection (a) of this section, the owner and/or responsible person in charge will be notified in writing by the building department of the desired time and place of the inspection.
(2) In the event that the alleged violation appears to be a clear and imminent threat to human life, safety or public welfare as determined by the building department, the owner and/or responsible person in charge will be contacted to schedule an immediate inspection. If code violations are found to exist, immediate compliance with adopted building, property maintenance, zoning or other applicable codes, will be required.
(3) If the alleged violation is not a clear and imminent threat to human life, safety or public welfare, the owner will have seven (7) calendar days to correct such violation unless otherwise authorized in writing by the city, after which a reinspection or written verification from owner and/or responsible person in charge and complaining party that the violation has been corrected, will be required.

Section 5-2-128 Permit and inspection fees.

The license permit fee, if any, and any fees for inspections shall be set by City Council by ordinance as required by S.C. Code Ann. § 6-1-330. If a permit fee is required, registered property owners shall be billed annually based on registration information on file with the city as of December 31. No reductions in billed fees shall be made as a result of the failure of a property owner or responsible person in charge to update information as required by this chapter.

Section 5-2-129 Penalty.

Violation of this article shall be unlawful and an offense punishable pursuant to the general penalty provision of the Code of Ordinances of the City of West Columbia.

Section 5-2-130 Severability.

The provisions of this article are severable and if by section, sentence, clause, part, or provision thereof shall be held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such decision of the court shall not affect or impair the remaining sections, sentences, clauses, parts, or provisions of this article. It is hereby declared that the intent of the council is that this article would have been adopted as if such illegal, invalid, or unconstitutional section, sentence, clause, part, or provision had not been included herein.