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HomeMy WebLinkAbout6755 ORDINANCE NO. 6755 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO BUSINESS LICENSE REGULATION, REVISING BUSINESS LICENSE INSPECTIONS, MODIFYING RENTAL HOUSING OVERSIGHT, AND ADDING LICENSE REVOCATION CRITERIA, AND AMENDING CHAPTERS 1.20, 5.15 AND 5.22 OF THE AUBURN CITY CODE WHEREAS, the City of Auburn has a strong and positive relationship with most rental property owners and managers within the City; and WHEREAS, to preserve safe and healthy housing for tenants, the City identifies properties that are experiencing higher criminal or code enforcement activity and attempts to assist the owners reduce those incidents; and WHEREAS, where conditions fall below the City's baseline expectation, the City seeks to expand the tools for addressing non-compliant conditions; and WHEREAS, August 12, 2019, City Council requested staff to explore code amendments pertaining to healthy housing; and WHEREAS, revision of the City's code sections relating to inspecting properties and assisting rental properties to reduce criminal and nuisance incident will improve the safety and welfare of Auburn residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 1.20.010 of the Auburn City Code be and the same hereby is amended to read as shown in Exhibit A of this Ordinance. Ordinance No. 6755 December 9, 2019 Page 1 of 3 Section 2. Amendment to City Code. That section 5.15.030 of the Auburn City Code be and the same hereby is amended to read as shown in Exhibit B of this Ordinance. Section 3. Amendment to City Code. That Chapter 5.22 of the Auburn City Code be and the same hereby is amended to read as shown in Exhibit C of this Ordinance. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: DEC 1 6 2019 PASSED: DEC 1 6 2019 APPROVED: DEC 1 6 20T9 Pr _ NANCY BAC ►•, MAYOR Ordinance No. 6755 December 9, 2019 Page 2 of 3 ATTEST: Shawn Campbell, City Clerk APPROVED AS TO FORM: `4 Steven L. Gross, City Attorney Published: o Q-' ��,� �, Ordinance No. 6755 December 9, 2019 Page 3 of 3 Exhibit A—Ordinance No. 6755 Chapter 1.20 RIGHT OF ENTRY FOR INSPECTION Sections: 1.20.010 Right of entry. 1.20.010 Right of entry. (Ord. 2906 § 1, 1976.) Entry into a building or onto property by a city officer, official or employee must be for the following purposes and accomplished in the following manner. A. Authorized Purposes. Any officer. official or employee of the city may enter any building or property during regular city business hours and at other reasonable times for a reasons required by this code or any city ordinance including, 1. To inspect, observe, measure, sample, test, or investigate a building or property in connection with the review of a permit or license application; 2. To assess compliance with any permit, license or approval; 3. To inspect, observe, measure, sample, test, or investigate any condition relating to, or to operate, maintain, or repair any city utility or facility; 4. To perform periodic inspections required by any provision of this code; 5. To investigate when cause exists to believe a violation of this code is being, or has been, committed; or 6. To inspect report conditions.. December 3, 2019 Page 1 of 2 Exhibit A—Ordinance No. 6755 B. Manner of Entry. Prior to entering a building or property, the city officer, or employee shall comply withthe following provisions. 1. The officer, official, or employee shall present city credentials including photo identification to the owner or person who is in control or is responsible for the building, tenancy, or property, and state the reason for entry, and request entry. 2. If the building, tenancy, or property is unoccupied, the official, officer, or employee shall make reasonable effort to locate the owner or other person having chargeor control of the building or property (e.g. a manager, tenant, person having a key or other access device or code) and request entry. 3. Consent to enter a building or property may be obtained by any means, including but not limited to writing, facsimile, telephonic, or in-person consent. In addition, a property owner's application for any permit, license, or approval with respect to an activity in or on a building or property shall be deemed to be consent for city officers, officials, and employees to enter the building or property to perform any inspections, measurements, sampling, or other action required to review and process the application: provided that if the city intends toenter a structure or building, the city shall first contact the owner or occupant and arrange a mutually convenient time for entry. The owner's or occupant's failure to consent to entry or to arrange a mutually convenient time for entry shall be grounds for the city to deny the application for the permit, license, or approval. However, it is not a violation of this chapter to refuse or fail to consent to an entry for inspection for which a warrant is required to be obtained. 4. If entry is refused or if an official officer or employeeis unable to obtain consent, the city shall have recourse to every remedy provided by law to secure entry, including but not limited to application to any court of competent jurisdiction for an administrative search warrant or other remedy. 5. Nothing in this chapter requires a city officer, official or employee to obtain the property owner's consent to (1) an inspection that is conducted while the officer, official, or employee remains on public property, such as a public right-of-way, or on other adjacent property for which consent to entry has been obtained, or(2) enter property in which the city has a written easement for purposes authorized in the easement instrument. 6. Notwithstanding the above provisions, whenever there is a reasonable basis to believe that animmediate inspection or entry is required to protect against an imminent threat of substantial injury to a person(s) or to property, a city officer. official, or employee is authorized to enter in or upon any building or property without first obtaining the owner's consent, or when any other circumstances exist making such entry lawful under the common law. Upon entry madepursuant to this subsection, the city officer, official or employee shall announce their identity at the doorway and again upon entering any areas where occupants are present. December 3, 2019 Page 2 of 2 Exhibit B—Ordinance No. 6755 5.15.030 Inspections—Right of entry. The mayor, or designee, is authorized to make such inspections of the premises and facilities of establishments licensed or required to be licensed under this title of the city code, and to take such action as may be required to enforce the provisions of the business license ordinances or other applicable codes. The mayor may designate any appropriate city employees, including, but not limited to, the code enforcement officers, building inspectors and commissioned police officers, to undertake such inspections. Inspections shall, to the extent possible, be in compliance with : Chapter 1.20. and demand entry and right to inspect. C. If the place of business is unoccupied, said inspector(s) shall first make a reasonable effort 0. No licensee, employee or agent, shall fail or neglect, after proper demand, to admit said . .. _ . '. - - _ _ te. - -. - _ . (Ord. 5754 § 2, 2003.) December 3, 2019 Page 1 of 1 Exhibit C—Ordinance No. 6755 Chapter 5.22 RENTAL HOUSING BUSINESS LICENSE AND STRATEGIES Sections: 5.22.010 Purpose. 5.22.0420 Definitions. 5.22.0230 Business license—Fee. 5.22.0340 Advisory board on rental housing. 5.22.0450 Rental housing business license criteria. 5.22.0455 Additional rental housing business license criteria for multifamily dwelling units. 5.22.057 Inspections 5.22.0560 License application—Required—Form. 5.22.0670 License application—Approval or disapproval procedure. 5.22.0780 License—Display—Nontransferability—Responsibility. 5.22.0690 License—Revocation. 5.22.06100 Employment of law enforcement officers. 5.22.110 Reimbursement for transitional costs. 5.22.120 Violation—Penalty. 5.22.130 Nonexclusive enforcement. 5.22.010 Purpose. This chapter applies to all rental units in the.City of Auburn. The purpose of this Chapter is: A. To protect the health, safety and welfare of the tenants that reside within a rental property. B. To establish standards that protect both landlord and tenant rights. C. To protect the health, safety and welfare of the general public that visit rental properties or that reside at nearby properties. December 3,2019 Page 1 of 12 Exhibit C-Ordinance No. 6755 D. To establish uniform and consistent policies and procedures for the licensing of rental units. E. To establish enforcement procedures that are invoked as a result of violations of Auburn City Code. 5.22.0420 Definitions. The following words and phrases when used in this chapter shall have the meanings set forth below: A. "Department" means the City of Auburn department of community development or successor agency. B. "Director" means the director of the City of Auburn department of community development. AC. "Rental housing owners," as used in this chapter, means the individual(s) and/or business entities owning or having an ownership interest in any rental housing unit(s), or rental manufactured/mobile home park lot(s), within the city of Auburn. BD. "Non-owner managers," as used in this chapter, means any person(s) or business entity hired or engaged for the purpose of providing management services for any rental housing units within the city of Auburn, where the manager(s) has/have no ownership in the rental housing units being managed. GE. "Rental unit' means any dwelling unit, or manufactured/mobile home park lot, in which the home sits on, in the city which is occupied pursuant to a lawful rental agreement, oral or written, express or implied, which is not owned by its occupant(s) as a condominium unit or cooperative unit on the effective date of the ordinance codified in this chapter. For the purposes hereof, "rental housing" and "rental units" shall have the same meaning unless the context clearly indicates otherwise. GF. "Residential unit," as used in this chapter, means a building, manufactured/mobile home or lot, or portion of a building or lot intended to be occupied by one family and containing sleeping, eating, cooking and sanitation facilities as required by this code. EG. "Ongoing criminal activity," as used in this chapter, occurs when: 1. Within any six-month period, the property of a rental housing business which is subject to the licensing requirements of this chapter, and which has up to 10 or fewer rental units, is the location for three or more crimes, as defined by the Revised Code of Washington or the Auburn City Code, as a result of three or more separate factual incidents that have been independently investigated by any law enforcement agency; or 2. Within any 12-month period, the property of a rental housing business which is subject to the licensing requirements of this chapter, and which has more than 10 rental units, is the location for three or more crimes, as defined by the Revised Code of Washington or the Auburn City Code, as a result of three or more separate factual incidents that have been independently investigated by any law enforcement agency. December 3, 2019 Page 2 of 12 Exhibit C—Ordinance No. 6755 H. "e•e e'•= • - -- -- ," "Permitting.a public nuisance that affects public health and safety,"as used in this chapter, occurs when:. 1. Within any six twelve-month period, the property of a rental housing business which is subject to the licensing requirements of this chapter, .•= - - = - ! -• - t1n+ts- is the location for three or more separate factual and independently investigated and confirmed public nuisance violation, as defined by the Auburn City Code, as a result of three or more separate factual incidents that have been til. "Rental housing business," as used in this chapter, means any person, company, association or entity that rents or leases, or makes available for rent or lease, one or more rental units for rent or lease as residential units. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.0330 Business license—Fee. Each rental housing business operating in the city, as defined herein, shall obtain and maintain in good standing a " -• . •-•- - - - • -"City of Auburn Business License issued by the city in accordance with the procedures of this chapter and this title. A. The fee for a rem business license required under this chapter shall be as set forth in the city of Auburn fee schedule. B. The business license fee shall be for the calendar year(January 1st through December 31st), and each applicant for the business license must pay the full business license fee for the current calendar year or portion thereof during which the applicant has engaged in business, regardless of when during the calendar year the license is obtained. a general business license, at no cost, pursuant to Chapters 5.10 and 5.15 ACC. (Ord. 6177 § 1, 2013; Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.0340 Advisory board on rental housing. There is hereby established as an advisory board to the city, to be known as the advisory board on rental housing. The advisory board shall be comprised of interested owners and managers of rental housing units, individuals or organizations that represent tenants,and other interested persons, appointed by the mayor to serve on an as-needed basis. The police-chiefMavor or designee shall serve as an ex officio member of the board. The advisory board shall meet quarterly, or as needed. The advisory board shall act in an advisory capacity and assist the city, as needed, in connection with rental housing related issues in the city and regionally, including but not limited to: December 3, 2019 Page 3 of 12 Exhibit C—Ordinance No. 6755 A. Facilitate cooperation and coordination with the department n rental housing issues; B. Recommend to the city programs and strategies to enhance community awareness of rental housing related issues; C. Recommend approaches for rental housing training programs, including city-argil-police sponsored training; D. Develop networking and strategies for the city police to deal with rental housing issues and develop partnership and support programs, educational programs, landlord or tenant rights, -. -•- -- - _e e--"--, "** _ - - _ " ," property protection and preparation programs;, and other best management practices; E. Coordinate, develop and disseminate procedures for tenant screening, rental housing agreements (including language to include enforcement of rules and protection of facilities and neighborhoods), eviction techniques and strategies; F. Provide ongoing management resources, including regular, periodic meetings, telephone and other response strategies; G. Monitor inappropriate activities by owners, managers and operators of rental housing units, and counsel said owners, managers and operators in reasonable alternatives—such monitoring to be done through the receipt of complaints or by any other legally viable method; H. Promote strong ties and build mutually beneficial relationships between pelice first responders and rental housing operators by teaching methods for recognizing illegal activity, identifying and reporting crimes, knowing and understanding police and code enforcement functions and roles, and limitations, facilitating the exchanging of information with-pollee between first responders and owners/managers, or other agencies as indicated; and- , a- . - - - • --- - - _at ---- - , - - * 41. Develop and/or identify dispute resolution alternatives and similar resources that may be utilized in disputes between the owners, managers and operators of rental housing units and tenants, and others with interests therein; KJ. Recognize and incorporate programs and procedures that identify and reflect cultural influences and sensitivities, and which promote greater understanding of differences in the tenant/community population; .LK. Act as liaison between the rental housing community and the police-department city whenever possible; ML. Partner, on behalf of the city, with other agencies or entities to seek programs and grants to support and enhance rental housing residential stock in the city; and NM. Participate in such other and related roles and functions as requested by the city. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) December 3, 2019 Page 4 of 12 Exhibit C-Ordinance No. 6755 5.22.0450 Rental housing business license criteria performance standards. A. Owners and/or Managers and operators of rental housing businesses shall comply with the criteria performance standards established in this section and chapter in order to maintain their rental housing business license in good standing as required by ACC 5.22.020. The eity department shall identify and communicate with the owners and managers-and-operators of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter. The city department s#all may establish forums for information sharing including 9-1-1 incident dispatch history, and enforcement review, as it deems appropriate, in order to encourage voluntary-compliance with these criteria prior to mandatory escalating enforcement action. _. .. • _ _ . -• - • - - - -t••1 -- 4B„ • • -•_-• - . •: =- _`e_ 'e• '• - .••- -- •-- .•- Owners or their designated property managers shall attend multifamily manager training-programs when such ace is offered by the City of Auburn-mise-clepartment or other city depa4ment local municipality whose curriculum has been previously approved by the director, and the license holder is given written notice to attend. This shall be a one-time requirement. The City of Auburn may require additional attendance at multifamily manager training if: the property is sold; the owner hires new management; there is turnover in staff of existing management company: or as deemed necessary to correct escalating code violations, criminal activity, and other known threats to public health and safety. • • -•-- •- •- e- ''-'e- •-• - e- --- - - - •-`" - C. A property of a rental housing business that meets the definition of Ongoing criminal activity or Permitting a public nuisance that affects public health and safety shall be subject to any and all of the following criteria: 21. Fallowing the city's review of 9-1-1 incident history, the owner may be directed to meet with Auburn Police and/or code enforcement to conduct an in depth crime analysis. Based on this analysis the owner or manager may be required to implement the Mmutually derived crime prevention strategies d identified by Auburn Police and/or code enforcement , and the owner or manager - -: -- -=- - - --e t-•• --• 32. The property owner and/or manager shall continue to comply with Gcity Ddirected Gcrime Pprevention gstrategies in an effort to reduce or eliminat-. •- - -•• • - - of criteria in subsections (A)(1) and (2) of this section is unsuccessful in eliminating recurring criminal or nuisance activity_ -- - -- -- - e. - --- •- ••- . • _ . - -: . The city may also implement a city directed crime prevention strategy whenever a residential unit is the location for any other criminal or nuisance activity not previously identified and which results in an arrest or issuance of a citation whether or not the person arrested or cited is a tenant. Strategies will be reasonably tailored to the particular location and situation and will be consistent with strategies implemented by other municipalities in similar situations; December 3, 2019 Page 5 of 12 Exhibit.C—Ordinance No. 6755 43. Upon implementation of the mutually derived crime prevention strategies, and with a written request, the rental housing business owner or manager shall allow perform an inspection of rental housing property and premises consistent with ACC 5.22.057, and their ability to do so under the requirements of the landlord-tenant statutes of the state of Washington and the Auburn City Code. The city may, with the legally obtained consent of an occupant or owner, or pursuant to a lawfully issued warrant, enter any building, structure or premises in the city to inspect or perform any duty imposed by this code; 54. If after implementation of crime prevention strategies, recurring criminal or nuisance activity continues at any particular location which is subject to the licensing requirements of this chapter - •- •_ • -- -• - - . - • -- -- - • - through (1) of this section has failed to eliminate the recurring criminal or nuisance activity at the location, the rental housing owner may be directed to hire security officers selected by the manager-operator. Voluntary ilmplementation of manager-operator selected security shall stay revocation of the business license so long as the security is effective in eliminating the recurring criminal and/or nuisance activity at said licensed location; 75. In the event that the rental housing business owner does not comply with the criteria corrective actions '• -- --=- .e'- • • = of this section, the city may revoke the rental housing business owner's license. Business license revocation shall be the ultimate resort for enforcement purposes. Business license revocation shall occur as otherwise set out in this chapter. - .. • _ • _ __. _• _ •. - _ _ • _ _ _ __ A e • _ __. _ . Itis envisioned that most problems can be resolved by participation in multifamily manager training and implementation of its recommended practices. Failure to participate in any of the above strategies including subsection B --- - -may subject the licensed/registered party to revocation. Any expense incurred in connection with subsections (A)(2)through (5)of this section will be borne by the licensed/registered party. It is further provided that the "inspection of the residential units of rental housing units," subsection (A)(4)(C)(3) of this section, includes inspection of residential units in the complex for any applicable health, building, fire, housing or life-safety code violations, or other serious violations. GE. The following requirements are established for communal residences as defined in ACC Title 18. December 3, 2019 Page 6 of 12 Exhibit C—Ordinance No. 6755 1. The owner/landlord must provide the following information and any additional information on the rental business license application form at the time of submittal: a. Total number of bedrooms in the rental unit. b. Total number of occupants. 2. The owner/landlord must provide updated information for each of the items outlined in subsection (GE)(1) of this section each year with their rental business license renewal. 3. The owner/landlord must sign a statement that confirms their understanding and acceptance of the conditions and obligations incurred as a landlord. At a minimum, the statement will: a. Outline the landlord's responsibilities for providing a safe living environment for their tenants. b. That structural additions and modifications are to be properly permitted and inspected. c. That garbage and recycling will be properly managed. d. Landscaping and external appearance of the property is properly maintained. de. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130. ef. That noise and other public nuisances, see ACC Title 8, will be monitored and controlled. fg. That annual inspections are required in order to obtain a communal rental housing or City of Auburn business license. gh. That anyone under the age of 18 is subject to the curfew regulations in Chapter 9.10 ACC. i. Communal property owners and managers shall provide a certificate of inspection, pursuant to ACC 5.22.057, to the City prior to the issuance or renewal of an annual business license. The purpose of this inspection is to ensure that any unauthorized structural alterations have not occurred, that there are no life safety concerns, and that occupancy limits have not been exceeded. Failure to provide the annual certificate of inspection shall be cause for the revocation or denial of communal rental housing business license. 4. If the owner/landlord is in violation of the requirements for a communal residence, then the code enforcement actions outlined in Chapter 1.25 ACC will be taken. (Ord. 6477 § 2, 2013; Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) December 3, 2019 Page 7 of 12 Exhibit C—Ordinance No. 6755 5.22.0455 Additional rental housing business license criteria for multifamily dwelling units. In addition to the business license criteria set forth in ACC 5.22.0450, rental housing businesses consisting of multifamily dwelling units shall comply with the following license requirements: A. Property owners, property managers, landlords, and their agents who offer for rent or lease "multifamily dwelling units" as defined in this section may not refuse to rent or lease such a dwelling unit to any residential tenant or prospective residential tenant or otherwise discriminate or retaliate against any residential tenant or prospective residential tenant solely on the basis that the person proposes to pay a portion of the rent from a "source of income" as defined in this section. B. If property owners, property managers, landlords, and/or their agents elect to use a rent to income ratio in the rent calculation process any form of income, such as a rent voucher or subsidy, shall be deducted from the total monthly rent calculation for meeting income criteria in the rental screening process. C. For the purposes hereof, the following definitions shall apply: 1. "Multifamily dwelling units" means housing where two or more separate housing units for residential inhabitants are contained within one building or several buildings within one complex. 2. "Source of income" includes income derived from social security, supplemental security income, other retirement programs, and any federal, state, and local subsidy programs, including housing assistance, public assistance, and general assistance programs. D. The provisions of this section shall not apply if the dwelling unit does not qualify for participation in the tenant's"source of income" program. However,any property owner, manager or agent that refuses to rent a dwelling unit to a person based upon the proposed use of funds from a "source of income" must notify that person in writing of the reasons why the dwelling unit is ineligible for participation in the particular"source of income" program. Refusal to allow a health and safety inspection of the property by a public housing authority or subsidy program inspector shall not be considered a legitimate basis for refusing to rent due to program ineligibility. E. The provisions of this section shall not apply where one portion of a duplex unit is owner occupied. (Ord. 6652 § 1, 2017.) 5.22.057 Inspections A. When required under this chapter, the rental housing owner or manager shall provide a certificate of inspection that documents compliance with the standards of the ACC Title 15. B. Inspections will be conducted in accordance with RCW 59.18.125. C. The certificate of inspection should include, but is not limited to the following items: December 3, 2019 Page 8 of 12 Exhibit C-Ordinance No. 6755 1. Structural members that are insufficient in size or strength to carry imposed loads with. safety; 2. Exposure of the occupants to the weather; 3. Plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury; 4. Lack of water, including hot water; 5. Heating or ventilation systems that are not functional or are hazardous; 6. Defective, hazardous, or missing electrical wiring or electrical service; 7. Defective or inadequate exits that increase the risk of injury to occupants; 8. Violations that increase the risks of fire; or 9. Violations of other applicable codes, rules or regulations. D. Inspectors. The owner or manager shall submit a certificate of inspection based upon the physical inspection of the dwelling units conducted not more than 90 days prior to the date of the certificate of inspection by a qualified inspector as defined in RCW 59.18.030 (25). 5.22.0660 License application-Required-Form. A. Every person required to have a license under the provisions of this chapter shall submit a.n application for such license to the department, mayor. The application shall be a written statement upon a form provided by the business Licence-clerk Director. B. Whenever a license cannot be issued at the time the application for the same is made, the business license clerk department shall issue a receipt to the applicant for the money paid in advance subject to the following conditions: such receipt shall not be construed as the approval of by the : -- "--- - - = department for the issuance of a license, nor shall it entitle or authorize the applicant to open or maintain any business contrary to the provisions of this chapter. (Ord. 5897 § 12, 2005; Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.0670 License application-Approval or disapproval procedure. The issuance of a City of Auburn business license shall be subject to the applicant and/or license holder being compliant with all the corrective actions imposed pursuant to ACC 5.22.050. The issuance and possession of such license shall not imply an automatic issuance or license renewal in subsequent years. The business license clerk department shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall: A. Adopt all forms and prescribe the information required to implement this chapter; December 3, 2019 Page 9 of 12 Exhibit C-Ordinance No. 6755 B. Submit all applications to department heads or designee of the city of Auburn building, fire, planning and police departments; C. Notify any applicant of the acceptance or rejection of his/her application and shall, upon denial of any license, state in writing the reasons therefor, the process for appeal and deliver them to the applicant; D. Deny Any Application for License Upon Written Findings That the Granting Would Violate This Chapter. A violation of this chapter shall be considered to be detrimental to the public peace, health or welfare: 1. Whenever any such license is denied the applicant may within 15 calendar days from date of action file written notice of appeal to the city's hearing examiner. Action of the hearing examiner may be appealed 15 calendar days from date of action to the city council and action of the council shall be conclusive and not subject to review. 2. When the issuance is denied and any action instituted by the applicant to compel its issuance, such applicant shall not engage in the business for which the license was refused unless a license is issued pursuant to a judgment ordering the same. (Ord. 5897 § 13, 2005; Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.0780 License-Display-Nontransferability-Responsibility. A. Upon receipt of the license, the license shall be retained on the premises of the rental housing business owner's principal office or place of business where it may be inspected at any time, or shall be carried, as appropriate. B. No license issued under the provisions of this chapter shall be transferable or assignable. C. The agents or other representatives of nonresidents who are doing business in this city shall be personally responsible for the compliance of their principals and the businesses they represent with this chapter. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.0B90 License-Revocation. A. Any license issued under the provisions of this chapter may be revoked by the mayor or designee --: : :: -- -• --: : : = •: = • _•: : - _• - for any reason if the further operation thereof would be in violation of this chapter and therefore detrimental to public peace, health or welfare. Any license issued under the provisions of this chapter may also be revoked in the following circumstances: 1. The license was obtained through fraud or misrepresentation of fact; 2. The owner or manager has been convicted of a crime, or suffered civil judgment or is the subject of a consent decree which bears a direct relationship to the rental housing business; 3. The owner or manager takes action or contributes to action in violation of the city's zoning codes or development regulations, or commits or permits a public nuisance on the premises licensed pursuant to this chapter; December 3,2019 Page 10 of 12 Exhibit C—Ordinance No. 6755 4. When the owner/manager's inaction or failure to correct an identified threat to public health and safety reasonably puts other tenants or neighboring property owners/occupants at risk. 5. Failure of the owner and/or manager to comply with any or all federal, state and local laws and regulations that bear a direct relationship to the conduct of the business licensed pursuant to this chapter. B. Except in the case of emergency due to significant physical danger to one or more tenants, a notice of intent to revoke the business license shall be mailed to the owner and posted on the premises at least 30 days in advance of the effective date for revocation. In the case of emergency described above the notice of intent to revoke shall be provided to the owner and posted on the premises as early as possible. The premises shall be completely vacated upon the date the revocation becomes effective unless the city determines that there is no imminent physical danger to the tenants. If the city determines that there is no imminent physical danger they may make arrangements with the tenants to continue to reside on the premises for a reasonable amount of time in order to allow time for orderly relocation. Whenever any such license is revoked or notice of impending revocation is sent out, the licensee may within 15 calendar days from date of action file written notice of appeal to the city's hearing examiner. Action of the hearing examiner may be appealed within 15 days from date of action to the city council and action of the council shall be conclusive and not subject to review. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.09100 Employment of law enforcement officers. In the event the owner, operator or manager of the rental housing business secures the services of one or more law enforcement officer(s) to properly enforce the applicable laws, rules and regulations and to maintain order in the rental housing business, pursuant to ACC 5.22.040(A)(6), all expense for such service shall be borne by the rental housing business owner, manager or operator. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) I . o - - V/o4ati©r4 e •• -- -• - . ._ _ ' . - - -- - - =-- - - -- 5882 § 1, 2005; Ord. 5651 § 1; 2002.) 5.22.110 Reimbursement for transitional costs. In the event that a rental housing business is closed by the city or any agency acting on behalf of or in coordination with the city stemming from enforcement of the provisions of this chapter or any applicable criminal code or any health, building, fire, housing or life-safety code, or other serious violations, it shall be a prerequisite condition for the license to be reinstated and/or the rental housing units to be allowed to re-open/available for rental that the operator of the rental housing business reimburse the city for any transitional costs and/or tenant relocation costs December 3, 2019 Page 11 of 12 Exhibit C—Ordinance No. 6755 incurred by the city that are directly attributable to such closure. For the purposes hereof, "transitional costs and/or tenant relocation costs" include but are not limited to tenant travel costs and temporary hotel vouchers or other expenses incurred to procure alternate housing following tenant displacement for a reasonable time to alleviate the impacts of displacement. The amounts of such costs shall be as determined in the discretion of the mayor in consultation with the police-chie#Director and with representatives of agencies engaged in providing social services within the city. It is provided, however, that nothing in this chapter shall preclude the city from seeking and obtaining funds from grants or other sources to cover or help defray the transitional costs, and receipt of such grants or other funds shall not relieve the operators of the rental housing businesses from the reimbursement requirements hereof. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.120 Violation—Penalty. Failure of a rental housing business owner, manager or operator to operate a rental housing business without obtaining or maintaining in good standing a rental-housing City of Auburn business license, as required by this chapter, is punishable in accordance with ACC 5.15.110. (Ord. 6567 §4, 2016; Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) 5.22.130 Nonexclusive enforcement. The city's action to enforce one provision of this chapter or to pursue one avenue of enforcement shall not preclude the city from enforcing any other provision of this chapter and/or from pursuing any other avenue of enforcement, and the mayor or designated city official is entitled to use any methods or processes available under the law to enforce the requirements hereof. (Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002.) December 3, 2019 Page 12 of 12