sub 3 for bill 204 chap 825 10-13-15

8/20/2019 Sub 3 for Bill 204 Chap 825 10-13-15

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DL65-635

Substitute Bill No. 3 for

BILL NO. 204 , 2015

ORDINANCE NO. , 2015

Introduced by Councilmember __O’Mara_ ____

AN ORDINANCE

AMENDING TITLE VIII SLCRO 1974 AS AMENDED,“OCCUPATIONS, BUSINESSES AND LICENSING,” BY ENACTING AND ADDING A NEW CHAPTER TO BE KNOWN ASCHAPTER 825, “RESIDENTIAL RENTAL PROPERTY

LICENSING CODE.”

BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. LOUIS COUNTY, MISSOURI,AS FOLLOWS:

SECTION 1. Title VIII SLCRO 1974 as amended, “Occupations,

Businesses and Licensing,” is amended by enacting and adding a new

chapter to be known as Chapter 825, “Residential Rental Property

Licensing Code,” which shall read as follows:

825.100 Short title and definitions.-1. This chapter shall beknown as “Residential Rental Property Licensing Code.” It shall

be effective within the unincorporated parts of St. Louis

County, Missouri.

2. For the purpose of this Code, the following terms, phrasesand words shall have the meanings ascribed to them herein andshall apply in the interpretation and enforcement of this Codeunless otherwise specifically provided:

Director : The Director of the Department of Transportation andPublic Works or the duly appointed designee thereof.

Dwelling : Any building or portion thereof designed or used forresidential living.

Owner : The owner of record of residential rental property,whether an individual, trust, partnership, corporation or otherbusiness entity.

Residential Rental Property : Dwellings, including one-familydwellings, two-family dwellings, attached townhouse dwellingsand multiple-family dwellings having four or less living units

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(other than university-owned housing, college fraternities andsororities, hotels or motels and multi-family dwellings,boarding houses or residential care/assisted living facilitieseach having five or more living units), offered for rent or leaseto any person who otherwise qualifies for an occupancy permit

and who is not the owner of record of said property.

825.200 License applications and exemption declarations.–1.Application for a license required by this Code shall be madeannually by the Owner prior to rental of Residential RentalProperty. The application shall be made on a form to be providedby the Director and shall identify the name, street address andtelephone number of the applicant; the address of each dwellingto be used as Residential Rental Property; the name, streetaddress, and telephone number of each agent, if any, who willbe responsible for each listed property and/or for acceptanceof notice and/or service of process as well as any limitationof each agent’s authority to rent, manage and make expenditures

related to the property; an affirmation that the applicant hasno outstanding fines imposed by the St. Louis County MunicipalCourt; and an affirmation that the premises are in compliancewith the provisions of Chapter 607 SLCRO.

2. Director shall approve license applications which providethe required information unless Director determines that theapplication contains misstatements or the applicant isotherwise not entitled to a license under this code.

3. For later acquired Residential Rental Property by a personor entity possessing a current Residential Rental Propertylicense, prior to permitting any occupancy of, or offering suchproperty for rent or lease, the Owner or designated agent shallcomplete a supplement to application on a form provided by theDirector and verified by the Owner setting out the sameinformation required to be identified pursuant to subsection1 of this section.

4. In the event of any other change of circumstances subsequentto the filing of an application that would result in a change

in the information required by the application, the Owner shallpromptly file an amendment to application on forms provided bythe Director.

5. The Director shall approve exemption requests forResidential Rental Property to be occupied by either a personrelated to the Owner of the property within the second degreeof consanguinity, or, in the event the Owner is a business

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entity, then to an individual with an ownership interest in suchbusiness entity, upon satisfactory proof of same by the personor entity seeking an exemption. An Owner desiring an exemptionto the requirement of a residential rental license shall filea verified application on forms provided by the Director,

setting forth the name, street address, telephone number of theowner of record of such Residential Rental Property; the nameof the principal occupant(s) of the property; and an explanationof the basis for exemption. An exemption granted by the Directorshall remain valid and need not be renewed unless thecircumstances meriting the exemption as described in thedeclaration change or cease; provided however, the Director mayperiodically request verification of the qualifications for theexemption status.

825.250 Approval of application.-Unless and until the annualapplication is filed by the Owner, and all outstanding finesimposed by the St. Louis County Municipal Court are paid in full,no residential rental license shall be approved for such Owner.

825.300 Rules. The Director may issue such rules and regulationsas the Director deems necessary to implement the provisions ofthis Code and the policies contained herein. Any such rulesand regulations shall be consistent with this code, shall befiled with the Administrative Director, and will only beeffective upon approval by the County Council.

825.400 Suspension and revocation.–1. The Director may suspend

or revoke a license approved pursuant to this Code upon thegrounds specified in this section. Provided, that the Directorshall not suspend or revoke any license based on activitiesconnected with or related to incidents of domestic violence,including the making of emergency 911 calls relating to suchincidents. Notice of the suspension or revocation shall beprovided in writing and served upon the Owner by meansreasonably calculated to provide actual notice to the Owner.

i. A license may be suspended as to any property subjectto the requirements of this chapter if the property is found

by the Director to be out of compliance with Chapter 1110, SLCRO,the Property Maintenance Code, and corrections are not made tobring the property back into compliance within thirty (30) daysfrom the date of notice of non-compliance; however, the periodfor corrections may be extended by the Director if the Directordetermines that the license holder is moving forward asexpeditiously as possible to correct all violations.

ii. A license may be suspended if an Owner makes material

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false statements on a license application or declaration forexemption.

iii. A license may be suspended if the Owner isdetermined to be delinquent in the payment of anyoutstanding rental property maintenance fines imposed by

the St. Louis County Municipal Court.iv. A license may be revoked if the Owner has more thantwo (2) license suspensions in any twelve (12) month timeframe.

v. A license may be revoked or suspended if an Owner doesnot obtain an occupancy, re-occupancy, and pre-occupancy permitbefore the dwelling is occupied as provided in Chapter 1110SLCRO, “The Property Maintenance Code.”

2. i The Director may provide written notice to the Ownerof Residential Rental Property licensed under this Code thatan occupant thereof, subsequent to the effective date of thisordinance, and during the tenancy, was convicted of, or pledguilty to, a felony charge related to the following acts, whichoccurred on the licensed premises:

a. illegal sale, manufacture, storing, possession,distribution or use of narcotics or other controlled substancesor precursors;

b. illegal sale, manufacture, storing, possession,distribution or use of drug paraphernalia or precursors;

c. illegal sale, storing, possession, use or distributionof a firearm, weapon or explosive device, or other violationof law related to use or possession of the same;

d. prostitution;

e. illegal gambling;f. illegal sale, distribution and consumption of alcoholic

beverages.

ii Within 30 days of receipt of such notice from the Director,the Owner shall initiate eviction proceedings against theoccupant who is the subject of the notice described insubsection 2 of this section, and shall thereafter diligentlypursue such proceedings. Proof thereof shall be provided bythe Owner upon demand of the Director. An Owner who fails tobegin eviction proceedings with regard to such occupant or

occupants within 30 days of receipt of the Director’s notice,or who fails diligently to pursue such eviction proceedings,shall be subject to license suspension or revocation.

3. An Owner whose license has been suspended or revoked may notapply for reinstatement until the Residential Rental Propertyrelated to the cause of the suspension or revocation is returnedto compliance with this Code.

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4. i. An Owner whose license has been suspended or revoked formaking material misrepresentations on a license application ordeclaration for exemption shall not enter into a subsequentrental or lease agreement with any person until the suspension

or revocation has been lifted or a new license has been issued.An Owner whose license has been suspended or revoked withrespect to violations or fines relating to particular premisesshall not enter into a subsequent rental or lease agreement forthose premises with any person until the suspension orrevocation has been lifted or a new license has been issued.

ii. An Owner whose license has been suspended or revoked formaking material misrepresentations on a license application ordeclaration for exemption shall not allow any person to occupylicensed premises after the suspension or revocation iseffective. An Owner whose license has been suspended or revokedwith respect to violations or fines relating to particularpremises shall, within 10 days of the effective date of thesuspension or revocation, correct such violations and pay suchfines. For purposes of this subsection, a suspension orrevocation is effective ten days after it is issued if no appealis filed, or 10 days after appeals are exhausted.

5. An owner whose license has been suspended or revoked mayappeal the suspension or revocation in writing to the Directorwithin 10 working days of notification of suspension orrevocation. The Director shall hold a contested hearing as soon

as reasonably practicable and shall issue written findings offact and conclusions of law not later than 10 days followingconclusion of the hearing.

825.500 Penalties. 1. Every person or entity convicted of aviolation of any of the provisions of this chapter shall befined not more than One Thousand Dollars ($1,000.00) orimprisoned in the St. Louis County Jail for not more than oneyear, or be punished by both such fine and imprisonment.

2. Each day in which a person or entity allows occupancy of

residential rental property in violation of any provision ofthis chapter shall constitute a separate violation.

825.600 Applicability of Property Maintenance Code.- Nothingherein shall be construed as replacing or permitting violationof any provision of Chapter 1110 SLCRO, “The PropertyMaintenance Code,” including all requirements therein

pertaining to occupancy permits.

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SECTION 2. This ordinance shall become effective December 31,2015.

ADOPTED:CHAIR, COUNTY COUNCIL

APPROVED:COUNTY EXECUTIVE

ATTEST:ADMINISTRATIVE DIRECTOR

APPROVED AS TO LEGAL FORM:

__________________________COUNTY COUNSELOR

sub 3 for bill 204 chap 825 10-13-15

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