5.22.050 Rental housing business license performance standards.
A. Owners and/or managers of rental housing businesses shall comply with the 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 department shall identify and communicate with the owners and managers of rental housing businesses, as it deems appropriate, regarding the criteria established in this chapter. The department may establish forums for information sharing including 9-1-1 incident dispatch history, and enforcement review, as it deems appropriate, in order to encourage compliance with these criteria prior to escalating enforcement action.
B. Owners or their designated property managers shall attend multifamily manager training when such is offered by the city of Auburn or other 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 the existing management company; or as deemed necessary to correct escalating code violations, criminal activity, and other known threats to public health and safety.
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:
1. Following 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 mutually derived crime prevention strategies identified by Auburn police and/or code enforcement, and the owner or manager;
2. The property owner and/or manager shall continue to comply with city directed crime prevention strategies in an effort to reduce or eliminate recurring criminal or nuisance activity. 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;
3. Upon implementation of the mutually derived crime prevention strategies, and with a written request, the rental housing business owner or manager shall 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;
4. 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 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. Implementation 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;
5. In the event that the rental housing business owner does not comply with the corrective actions 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.
D. It is 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 of this section may subject the licensed/registered party to revocation. Any expense incurred in connection with 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 (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.
E. The following requirements are established for communal residences as defined in ACC Title 18:
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 (E)(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 are properly maintained.
e. That adequate off-street parking will be provided for all tenants meeting the requirements of ACC 18.31.130.
f. That noise and other public nuisances, see ACC Title 8, will be monitored and controlled.
g. That annual inspections are required in order to obtain a communal rental housing or city of Auburn business license.
h. 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. 6755 § 3 (Exh. C), 2019; Ord. 6477 § 2, 2013; Ord. 5882 § 1, 2005; Ord. 5651 § 1, 2002. Formerly 5.22.040.)