A.
The goal of the City of Florissant Residential Rental Housing Program
is to create a crime-free housing program and increase the quality
of life of residents by partnering the City with owners, landlords
and managing agents to decrease the incidents of public safety/nuisance/code
violations and criminal activity in rental properties.
B.
This program will collect current and accurate information identifying
existing rental properties, owners, landlords, and managing agents
in the City of Florissant. This information shall be used by the Police
Department and the Department of Public Works to perform their respective
duties.
C.
It is not the intent of this Article and it shall not be construed
or enforced in any manner which would affect the tenancy of a tenant
whose only involvement in an incident has been as the victim of a
crime.
[1]
Editor's Note: Former Article XVII, Residential Rental Real Estate, consisting of Sections 605.453 through 605.466, which derive from CC 1990 §§14-800 — 14-805; Ord. No. 5997, 8-25-1997; Ord. No. 7623 §1, 8-29-2009; Ord. No. 7889 §§1 — 2, 7-11-2012; Ord. No. 8243 §§1 — 2, 7-11-2016; Ord. No. 8248 §1, 7-25-2016, was repealed and replaced with Sections 605.453 through 605.461.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
For the purpose of this Article, the following terms, phrases
and words shall have the meanings given herein and shall apply in
the interpretation and enforcement of this Chapter unless otherwise
specifically stated:
Any building or portion thereof which is designed or used
for dwelling purposes.
A building or portion thereof which is designed or used for
residential dwelling by a single-family unit; (i.e., a single-family
house is one (1) dwelling unit, a duplex constitutes two (2) dwelling
units, a four-family constitutes four (4) dwelling units, a multi-dwelling
constitutes multiple dwelling units).
A detached building designed for or occupied by two (2) families
living independently of each other.
A building or portion thereof used or designed as a residence
for three (3) or more families living independently of each other
and doing their own cooking in said building, including apartments,
apartment hotels and group houses.
A detached building designed for or occupied exclusively
by one (1) family.
The owner of record of residential rental property, whether
an individual(s), trust, partnership or corporation.
Includes, but not be limited to, lewd and lascivious behavior, loud music and/or noises (Section 210.595), failure to maintain property (Section 213.030, Ch. 510), graffiti (Section 210.351), garbage/rubbish/litter (Sections 220.010, 213.020), tall weeds and grass (Section 213.030), property having physical conditions that threaten a person's health/safety/welfare (Section 510.020), having a dangerous building and/or conditions that threaten the physical health of a person (Sections 213.010 and 515.070), rodent and insect infestation (Section 213.030), having derelict vehicles and/or equipment (Section 213.030), having flammable and/or hazardous materials which may endanger public safety (Section 213.030), unlicensed or inoperable vehicle(s) not contained within an enclosed area (Section 395.020 and 395.030), and obstructing surface storm water drainage (Section 535.040).
Dwellings, duplex dwellings, multiple dwellings and one-family
dwellings occupied by or offered for rent, lease or occupancy to any
person(s), who otherwise qualify for an occupancy permit, who are
not the owners of record of said property, excluding bed and breakfast
establishments, lodging establishments and private clubs where lodging
is furnished to members.
[Ord. No. 8705, 7-26-2021]
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
A.
License Required. A license is required for each residential rental
property located within the City, and no person shall permit occupancy
of or offer for rent/lease, without a residential rental license issued
pursuant to this Article, any residential rental property within the
City of Florissant to any person(s), as principal occupant(s), who
are not the record owner(s) of the property or approved as exempt
occupants under provisions of this Article.
B.
Exemption. No residential rental license shall be required for non-owner
occupancy of residential property where the principal occupant(s)
of the residential property are beneficial owner(s) of the property
or are related to the owner of the residential property within the
second degree of consanguinity. An exemption to the requirement for
a residential rental license for a particular parcel of residential
rental property shall be established by filing with the Director of
Public Works, on forms prescribed thereby, a declaration setting forth
the name, street address, telephone number and a copy of identification
of the owner of record of such residential rental property, signed
thereby and the name of the principal occupant of the property and
the basis for an exemption. Such exemption shall remain valid and
need not be renewed unless the circumstances of exemption change or
cease, but the Director of Public Works may periodically request verification
of continuing qualifications for exemption status.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
A.
Application for a license required by Section 605.455 shall be filed annually by the owner, landlord or managing agent in the office of Public Works by the earlier of:
1.
January 31 of each calendar year for all residential rental
property owned on January 1 of that year, or
2.
For later acquired residential rental property, prior to permitting
any occupancy of or any offering thereof for rent/lease by the owner
to the Director of Public Works, shall set forth the name, street
address, telephone number and a copy of identification of the owner
of record of such residential property, signed thereby and shall list
by street address each and every parcel of residential rental property
owned by that owner that is located in the City of Florissant.
B.
If the owner of said residential rental property wishes to designate
an agent to be responsible for said property and to accept notices
and process, then the owner of record shall designate said agent in
the application together with the agent's name, street address and
telephone number and the extent of the agent's authority to rent,
manage and make expenditures of said property. The owner, property
manager or authorized representative must reside within fifty (50)
miles of the City of Florissant. A post office box, e-mail address,
mailing address, or long distance toll free (e.g., eight hundred (800))
numbers shall not be deemed sufficient to meet the provisions of this
Article.
C.
In the event of any change of circumstances subsequent to the filing
of an application that would result in a change in the information
required by the application, the owner shall promptly file an amendment
of such application on forms as specified by the Director of Public
Works.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
A.
All applicants shall have and maintain a crime free housing certificate
from the City of Florissant, as administered by the Florissant Police
Department or from another City, meeting all the criteria of the nationally
accepted Crime Free Housing Program. The Chief of Police may issue
such rules and regulations as deemed necessary to administer the Crime
Free Housing Program for the City of Florissant, which shall be given
at no charge.
B.
All owners, landlords, or managing agents are encouraged to conduct
a US Comprehensive Background Search on all prospective tenants and
occupants age eighteen (18) and over prior to executing a lease or
rental agreement. The search may go back seven (7) years including
all known addresses, and should also check nationally recognized sex
offender registration websites. The owner, landlord or managing agent
may conduct this search, or may have a reputable agency conduct this
search at their own expense, and the owner, landlord and managing
agent are encouraged to refer to HUD, Guidance on Application for
Fair Housing Act Standards to the use of criminal records by providers
of housing and real estate related transactions or similar materials.
C.
All owners, landlords and managing agents are encouraged to have
the crime free rental agreement addendum completed and signed by the
owner/landlord/managing agent and the tenants/occupants of age eighteen
(18) or older prior to the issuance of an occupancy permit.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
The annual fee for each calendar year or portion thereof for
the license required by this Article shall be fifty dollars ($50.00)
per owner per each residential dwelling unit in the City of Florissant
due and payable at the time of application. License renewals are due
by the end of January of each year. A delinquency fee, calculated
at the rate of two dollars ($2.00) for each month after January 31
or portion thereof, shall be assessed for late payment of an application
fee but may be waived by the Director of Public Works for good cause
shown. However, license renewals may not be processed if the property
has outstanding violations.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
Unless and until the annual application is filed by the owner,
together with all necessary accompanying documents, and all fees due
hereunder are paid in full and all outstanding fines imposed by the
Florissant Municipal Court for any housing or Building Code violations
by such owner are paid in full, no residential rental license shall
be issued to such owner nor shall any new occupancy permit be issued
for the occupancy of any parcel of residential rental property of
such owner. Failure to obtain and maintain a valid residential rental
license shall constitute grounds for the revocation or cancellation
of all outstanding occupancy permits issued for any parcels of residential
rental property of such owner associated with said rental license.
No new occupancy permit shall be required if the occupancy remains
the same for any parcel of residential rental property purchased or
obtained.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
The Director of Public Works may issue such rules and regulations
as deemed necessary to implement this Article and the policies contained
herein.
[Ord. No. 8267 §1, 10-10-2016; Ord. No. 8375, 12-11-2017; Ord. No.
8526, 7-8-2019]
A.
The residential rental license applicable to the residential rental
property may be suspended or revoked by the Director of Public Works
or designee following written notice to the owner and occupant(s)
under the following conditions:
1.
A license may be suspended if the residential rental property
is found to be out of compliance with property maintenance codes on
more than three (3) occasions within six (6) months and corrections
are not being made to bring the property back into compliance within
a reasonable period of time from the date of notice(s) of non-compliance.
2.
A license may be suspended if an owner is found to have made
materially false statement(s) on their application or failed to report
a change of occupancy on the property listed on the license in question.
3.
A license may be suspended or revoked if within a twelve-month
period the owner and occupant have been notified of three (3) or more
acts of conduct by the tenants, or other persons on the property who
claim to reside on the property but are not listed on the occupancy
permit, which constitute a disturbance or public nuisance to neighbors
or the neighborhood; destruction of property; or a danger to the public
health, safety or welfare of the surrounding properties.
4.
A license may be suspended or revoked if any member of the household,
guest or another person under the resident's control commits any of
the following criminal activities, if it is determined that the household
member, guest or another person under the resident's control has committed
such activities, regardless of whether such person has been convicted
of any such activity, and no enforcement action will be commenced
against an individual who was a victim in whole or in part of the
incident(s) that formed the basis of the suspension or revocation
of the license:
a.
A felony crime under Federal or State laws on or in the immediate
vicinity of the residence;
b.
A Class A misdemeanor under Federal, State or local laws or
in the immediate vicinity of the premises;
c.
Any criminal activity that threatens the health or safety of,
or the right to peaceful enjoyment of the premises by other residents;
d.
Any criminal activity that threatens the health or safety of,
or the right to peaceful enjoyment of their residents or persons residing
in the immediate vicinity of the premises;
e.
Any violent criminal activity at or in the immediate vicinity
of the premises;
f.
Any drug-related criminal activity on or in the immediate vicinity
of the premises;
g.
Any abuse of drugs or alcohol that threatens health, safety
or right to peaceful enjoyment of other residents on the premises
or persons residing in the immediate vicinity of the premises;
5.
A license may be revoked if the owner has more than two (2)
suspensions of their license in any twelve-month timeframe.
6.
As a matter of public health and safety, a license may be suspended
or revoked in the event that the landlord, property owner or tenant
using water, gas, electric, sanitary sewer service or solid waste
collection service fails to restore these utility services within
fourteen (14) calendar days after receiving notice from the City that
the utility service provider is stopping service.
B.
Any appeal of a suspension or revocation must be made, in writing,
to the Director of Public Works or their designee and received by
the Director of Public Works or their designee within ten (10) working
days of notification of suspension or revocation. The submission of
an appeal will stay the suspension or revocation pending the holding
of a hearing before a three (3) person panel consisting of a member
of the Florissant City Council appointed by the Mayor, a resident
of the City of Florissant appointed by the Mayor and an owner of residential
rental property located within the City of Florissant who has been
appointed by the Mayor, and the issuance of written findings and conclusions
by the panel. Such hearing shall be held within a reasonable period
of time following receipt of the appeal and written findings and conclusions
will be issued within ten (10) days of such hearing.
C.
Once a license has been suspended, the owner may apply for reinstatement
provided that the residential rental property is in full compliance
with all applicable codes, and the suspension has been reasonably
resolved, and landlord pays one hundred dollars ($100.00) for the
re-inspection of the residential rental property that was the subject
of the suspension and for the reinstatement of the residential rental
license.
D.
Once a license has been revoked, the owner may apply for reinstatement
provided that the residential rental property is in full compliance
with applicable codes and the circumstances giving rise to the revocation
have been reasonably resolved, a re-inspection of the residential
rental property that was the subject of the revocation is completed
and found to be in compliance, and the owner pays two hundred dollars
($200.00) for the re-inspection of the residential rental property
that was the subject to the revocation and for the reinstatement of
the residential rental license.
[Ord. No. 8705, 7-26-2021]
Short term rentals or vacation rentals are prohibited in all
residential zoning districts, except for a bed and breakfast establishment,
lodging establishment and private clubs where lodging is furnished
to members.
