[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-21-2004 by Ord. No. 04-01]
A.
Purpose. The purpose and intent of this chapter are
to ensure public health, safety, and welfare insofar as they are affected
by the continued occupancy and maintenance of dwellings operated for
lease to the public. The health, safety, and welfare of the occupants
of the dwellings are of the utmost importance to the City, as is the
general community character in which these dwelling units are located.
[Amended 12-15-2008 by Ord. No. 08-07; 2-18-2014 by Ord. No.
14-01]
B.
Each person, partnership, corporation or other artificial entity who or which rents or offers to rent any apartment, house, or other dwelling unit shall obtain a license and pay an annual license fee as set forth in Chapter 180, Municipal Fees, for each such apartment, house, or dwelling unit. No person, partnership, corporation, or other artificial entity shall rent or offer to rent any apartment, house, or other dwelling unit within the City without a license and paying the annual license fee. A rental dwelling unit is any apartment, house, or other dwelling unit occupied or available for occupancy by one or more persons, other than the owner of record, under a rental agreement, implied or written, with or without compensation, whether the rental dwelling be a multiple dwelling, single-family detached, single-family attached, or single-family semi-detached.
[Amended 2-18-2014 by Ord. No. 14-01]
C.
All persons applying for a rental dwelling license, and all persons
administering, managing, or controlling the operation of any rental
dwelling unit, must attend a crime-free housing seminar, approved
by the Harrington Police Department, within 12 months of issuance
of the license. Thereafter, each rental license holder and each rental
property manager must attend a refresher seminar every three years.
Documentation shall be submitted to the City Clerk and kept on file
within the department.
[Added 3-18-2013 by Ord.
No. 13-03; amended 11-17-2014 by Ord. No. 14-16]
(1)
Certified property managers, licensed real estate agents, State of
Delaware agencies, and professional companies whose main business
is managing properties for rent, such as apartment complexes, are
exempt from the requirement to attend a crime-free housing seminar
except under the following circumstances:
(a)
When a rental license has been suspended in accordance with § 314-2B(1), the licensed property owner and/or property manager shall attend the crime-free housing seminar prior to reinstatement of the suspended rental dwelling permit.
(b)
If the tenant, any member of the tenant's household, any
guest, or other person associated with the tenant has engaged in criminal
activity on or within 500 feet of the leased premises on three or
more occasions within a twelve-month period, the property owner and/or
the property manager shall attend the crime-free housing seminar.
D.
All residential leases shall be in writing and shall include a crime-free
lease addendum, signed by the property owner and tenant, in the following
form:
[Added 3-18-2013 by Ord. No. 13-03]
|
In addition to all other terms of the lease, landlord and tenant
agree as follows:
|
(1)
The tenant, any member of the tenant's household, any guest,
or any other person associated with the tenant on or within 500 feet
of the leased premises:
(a)
Shall not engage in criminal activity, including drug-related
criminal activity, on or within 500 feet of the leased premises. "Drug-related
criminal activity" means the illegal manufacture, sale, distribution,
use, or possession of any illegal or controlled substance defined
by Title 16.
(b)
Shall not engage in any act intended to facilitate criminal
activity.
(c)
Shall not permit the dwelling unit to be used for or to facilitate
any criminal activity.
(2)
Any activity prohibited by this agreement shall constitute a substantial
violation of the lease, material noncompliance with the lease, and
grounds for termination of tenancy and eviction.
E.
The City shall provide a template crime-free lease addendum.
[Added 3-18-2013 by Ord. No. 13-03]
F.
A copy of the signed lease, including the crime-free lease addendum,
shall be submitted to the City upon the request of the City Manager.
[Added 3-18-2013 by Ord. No. 13-03]
G.
Eviction required.
[Added 3-18-2013 by Ord. No. 13-03]
(1)
If the tenant, any member of the tenant's household, any guest
or other person associated with the tenant engages in criminal activity
on three or more occasions within a twelve-month period, the property
owner or property manager shall begin the process to terminate tenancy.
(2)
Upon notification by the Chief of Police that termination of tenancy is required in accordance with Subsection G(1), the City Manager shall notify the property owner and property manager that he or she has 30 days to initiate the eviction or otherwise terminate the tenancy. Such notice shall be sent by certified mail to the property owner and property manager if a property manager is on record with the City.
H.
In the context of federally subsidized housing units, this article
does not provide for superseding any lease provisions or rules or
regulations required or permitted by federal law, federal regulations,
guidelines, or policy.
[Added 11-17-2014 by Ord.
No. 14-16]
[Added 3-18-2013 by Ord. No. 13-03]
Tenants of a rental dwelling, all members of the tenant's
household, any guest or other person associated with the tenant shall
not engage in criminal activity on the leased premises or within 500
feet of the lot on which the rental dwelling is situated. For the
purposes of this article, "criminal activity" means any crime classified
by applicable law as a felony or a class A misdemeanor in addition
to the following offenses: noise violations, drug offenses, offensive
touching, menacing, vehicular assault, sexual harassment, indecent
exposure, graffiti, criminal mischief, trespassing, criminal trespassing,
crime against a vulnerable adult, unlawfully dealing with a child,
disorderly conduct, malicious interference with emergency communications,
public intoxication, loitering, criminal nuisance, obstructing of
public passage, lewdness, prostitution, patronizing a prostitute,
unlawfully dealing with a dangerous weapon, or unlawfully dealing
with a switchblade knife.
[Amended 3-18-2013 by Ord. No. 13-03]
A.
The City Manager, and/or his/her designee, shall, unless specifically
provided otherwise, supervise the enforcement of this article and
have authority to grant, deny or revoke licenses.
B.
The following actions may be grounds for suspension of the rental
license in accordance with this article:
(1)
The failure of the property owner to initiate and prosecute with
effect eviction proceedings following notification by the City that
the terms of the crime-free housing lease addendum have been violated;
or
(2)
The failure of the property owner and/or property manager to attend
the required crime free housing seminar.
The City Manager and/or his/her designee shall:
A.
Collect all license fees, issue licenses and maintain
all license records in the name of the City to all qualified persons.
B.
Promulgate and enforce all reasonable rules and regulations
necessary to the operation and enforcement of this article.
C.
Adopt all forms and prescribe the information to be
given therein as to character and other relevant matter for all necessary
papers.
D.
Require applicants to submit all affidavits and oaths
necessary to the administration of this article.
E.
Submit all applications, in a proper case, to interested
City officials for their endorsements thereon as to compliance by
the applicant with all City articles which they have the duty of enforcing.
F.
Investigate and determine the eligibility of any applicant
for a license pursuant to this article, if required.
G.
Notify any applicant of the acceptance or rejection
of his/her application and, upon the refusal of any license or permit
and at the applicant's request, state in writing the reasons therefor
and deliver them to the applicant.
H.
Keep all information furnished or secured under the
authority of this article in strict confidence. The information shall
not be subject to public inspection and shall be kept so that its
contents shall not become known except to the persons charged with
the administration of this article.
Whenever a license cannot be issued at the time
the application for it is made, the City Manager and/or his/her designee
shall issue a receipt to the applicant for the money paid in advance.
The receipt shall not be construed as the approval of the City Manager
and/or his/her designee for the issuance of a license, nor shall it
entitle or authorize the applicant to rent or offer to rent any apartment,
house, or other dwelling unit contrary to the provisions of this article.
A.
Every applicant for a license under the provisions
of this article shall make an application for such license upon forms
provided by the City Manager and/or his/her designee which shall include
the following information:
(1)
The name and business address of the licensee.
(2)
A statement that the applicant has complied and will
continue to comply with all the ordinances of the City. The application
shall be verified by the oath or affirmation of the individual licensee
or of one member of a partnership, firm or association, or of the
president, secretary or a director of a corporation applying for a
license.
B.
The proper license fee shall accompany the application.
[Amended 11-19-2012 by Ord. No. 12-25]
A.
Upon proper application, payment of the prescribed fee, and satisfactory
rental unit inspection, a license shall be issued to each such applicant,
signed by the City Manager and/or his/her designee. Each such license
shall be valid and effective from the first day of January of each
year, or the date of issuance, to the last day of December of the
same year. A record of all licenses issued and licensee fees paid
shall be maintained at the City Hall.
[Amended 6-2-2014 by Ord. No. 14-11]
A.
The City Manager and/or his/her designee shall, upon
disapproving any application submitted under the provisions of this
article, refund all fees paid in advance by the applicant pursuant
to the application, less a reasonable application processing charge,
provided the applicant is not otherwise indebted to the City, in which
case the fees shall be applied to the City-owned debts.
B.
When the issuance of a license is denied and any action
is instituted by the applicant to compel its issuance, the applicant
shall not rent or offer to rent any apartment, house, or other dwelling
unit for which the license was refused unless a license is issued
to him/her pursuant to a judgment ordering it.
[Amended 6-2-2014 by Ord. No. 14-11]
If the license fee is not paid within 30 days of being due, the owner shall be in violation of this chapter. If the inspection is not scheduled to be completed within 90 days of submitting an application for a rental license, the owner shall be in violation of this chapter. The owner shall be assessed a fine as set forth in Chapter 180, Municipal Fees, for each month the rental property remains occupied by a tenant without a license.
A.
The amount of any unpaid fee, the payment of which
is required pursuant to this article, shall constitute a debt due
the City.
B.
The City Solicitor shall, at the direction of the
City Manager and/or his/her designee, institute civil suit in the
name of the City to recover any unpaid fee.
C.
No civil judgment or any act by the City Solicitor,
the City Manager and/or his/her designee or the violating licensee
shall bar or prevent a criminal prosecution for each violation of
this article.
A license shall be obtained in the manner prescribed
in this article for each apartment, house, or other dwelling unit.
[Amended 12-15-2008 by Ord. No. 08-07]
A duplicate license or special permit shall be issued by the City Manager and/or his/her designee to replace any license previously issued which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to that fact and payment to the City Manager of a fee as set forth in Chapter 180, Municipal Fees.
The individuals composing any partnership, firm
or association and the president and directors of any corporation,
and each of them, shall be personally liable for the license fees
herein prescribed for such partnership, firm, association or corporation
and subject to prosecution for the renting or offering to rent of
any apartment, house, or other dwelling unit by such partnership,
firm, association or corporation in the City without the license herein
required.
A.
The applicant for the renewal of a license shall submit
an application for that license to the City Manager and/or his/her
designee.
B.
The application shall:
(1)
Be a written statement upon forms provided by the
City Manager and/or his/her designee; the form shall include an affirmation
by the applicant.
[Amended 11-19-2012 by Ord. No. 12-25]
(2)
Require the disclosure of any information concerning
the applicant's demeanor and the conduct and operation of the applicant's
business during the preceding licensing period as is reasonably necessary
to the determination by the City Manager and/or his/her designee of
the applicant's eligibility for a renewal license and to a possible
adjustment of the license fee.
Each license granted under this article shall
be for the sole use and benefit of the person to whom it is issued
and shall not be transferable. In case of the death of any individual
licensee, his/her personal representative shall succeed to all rights
thereunder until the expiration of the license.
Every person holding a license issued pursuant
hereto shall expose such license in a conspicuous manner in the principal
office of his/her place of business.
Every licensee under this article shall:
A.
Ascertain and at all times comply with all laws and
regulations applicable to the licensed business.
B.
Avoid all forbidden, improper, or other practices
or conditions which do or may affect the public health, morals or
welfare. Comply with all property maintenance, zoning, and other codes.
[Amended 11-19-2012 by Ord. No. 12-25]
C.
Refrain from renting or offering to rent any apartment,
house, or other dwelling unit after expiration of his/her license
and during the period his/her license is revoked or suspended.
A.
The City Manager and/or the designee shall make or
have made all investigations reasonably necessary to the enforcement
of this article.
[Amended 11-19-2012 by Ord. No. 12-25]
B.
The City Manager and/or his/her designee shall have
the authority to order the inspection of licensee's rental units by
all City officials having duties to perform with reference to the
licensees or rental units. Such City official shall notify a licensee
of an intended inspection at least 10 calendar days prior to the inspection
unless the tenant has requested the inspection or there exists an
urgent issue concerning health or safety. Upon request of the City
Manager, and/or his/her designee, the owner of the rental unit, or
his/her authorized rental agent, must be present at the time of the
inspection.
[Amended 11-19-2012 by Ord. No. 12-25]
C.
All rental units shall be inspected annually.
[Amended 6-2-2014 by Ord. No. 14-11]
D.
Persons inspecting licensee's rental units shall report
all violations of this article to the City Manager and/or his/her
designee and shall submit any other reports that the City Manager
and/or his/her designee shall order.
E.
Inspections must be scheduled to be completed by the owner of the rental unit, and/or his/her authorized rental agent, with the City Manager, and/or his/her designee, within 90 days of submitting an application for a rental license or the rental license will not be issued and the owner of the rental unit shall be fined as established in Chapter 180, Municipal Fees.
[Added 11-19-2012 by Ord. No. 12-25; 6-2-2014 by Ord. No. 14-11]
A.
Generally.
(1)
When a City inspector has reported a violation of
any article by a holder of a license or any of his/her employees,
the City Manager and/or his/her designee shall issue a provisional
order to the licensee.
(2)
The provisional order shall require compliance within
five days of service on the affected person.
B.
Hearing on provisional order. Upon written request
by a person served with a provisional order pursuant to the provisions
of this article, the City Manager and/or his/her designee shall hold
a hearing on the alleged violation; a notice of hearing shall be served
in the manner required herein.
C.
Service of notices and orders. Provisional orders
and all other notices issued pursuant to this article shall be in
writing, shall be personally served and shall apprise the licensee
of his/her specific violations. In the absence of the licensee or
his/her agent or employee, a copy of the notice shall be affixed to
some structure on the premises. Should any other permitted method
of service of notice fail, then sending the notice to the affected
person's last known address shall constitute service.
D.
Authority of City Manager and/or his/her designee
to modify orders. Upon written application or on his/her own motion,
the City Manager and/or his/her designee shall have the authority,
in a proper case, to extend the time for compliance, to grant a new
hearing date and to change, modify or rescind any recommendation or
order.
A.
Upon the failure or refusal of the licensee to comply
with the provisional order or with any order made after an opportunity
for a hearing pursuant to this article, the City Manager and/or his/her
designee shall make the provisional order final.
B.
The City Manager and/or his/her designee shall have
the authority to suspend or revoke a license upon making and declaring
a provisional order final.
C.
Upon revocation or suspension, no refund of any portion
of the license fee shall be made to the licensee, and he/she shall
immediately cease renting or offering to rent any apartment, house,
or other dwelling unit in the City.
A.
When the conduct of any licensee, agent or employee
is so inimicable to the public health, safety and general welfare
as to constitute a nuisance and thus give rise to an emergency, the
City Manager and/or his/her designee shall have the authority to summarily
order the rental unit vacated and suspend the license.
B.
Unless waived in writing within 10 days after he/she
has acted summarily, the City Manager and/or his/her designee shall
conduct a special hearing for the action in respect to the summary
order as may be therein determined. Notice of the hearing shall be
given the affected person in the manner prescribed herein.
A.
Any person aggrieved by any decision of the City Manager
and/or his/her designee after a hearing conducted pursuant to this
article shall have the right to appeal to the City Council by filing
a written appeal with the City Council within 30 days following the
effective date of the action or decision complained of. The appeal
shall set out a copy of the order or decision appealed from and shall
include a statement of the facts relied upon to avoid the order.
B.
The City Council shall fix a time and place for hearing
the appeal and shall serve a written notice upon the person requesting
the appeal, informing such person of the hearing. The City Council
shall also give notice to the City Manager and/or his/her designee,
who shall be entitled to appear and defend the order. The findings
of the City Council shall be final and conclusive and shall be served
upon the person who requested the appeal.
