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POINT SYSTEM FOR REGULATION OF LANDLORD PERMITS (B)
Ordinance No. 0-03-13
An ordinance of the City of Gainesville, Florida, creating and adding subsection 14.5-1(e) to the Code of Ordinances providing for certain certifications by an applicant for a landlord permit regarding action to terminate a lease; amending subsection 14.5.2(e) of the Code of Ordinances by creating a point system for the regulation of landlord permits, amending the list of ordinance violations that can lead to permit revocation; and making modifications to the notice and hearing process; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing effective dates.
recommendation
The City Commission adopt the proposed ordinance.
explanation
The City Commission, at its meeting of March 24, 2003 authorized the City Attorney's office to prepare and advertise the necessary ordinance creating a point system for the regulation of landlord permits.
This ordinance implements a point system, somewhat analogous to the system used for traffic citations, for violations of certain ordinances. Accumulation of points could lead to revocation of the landlord permit.
Highlights of the point system are:
* One or more points will be assessed for warnings given on different days and for any adjudications or payments of fines for violation of certain city ordinances at a rental property.
* Points will be accrued during each year from August 1 to the following July 31.
* After 3 points are levied, written warnings are provided to the landlord or agent.
* If 6 or more points are levied, against a rental property, a hearing will be scheduled to determine whether the landlord permit should be revoked for a certain period of time, up to 6 months. The ordinance also requires each applicant for a landlord permit to certify to the city:
*that all tenants will receive a copy of the state law controlling residential tenancies and the city ordinance on landlord permits and the city-supplied pamphlet on guidelines for rentals in residential neighborhoods; and
*that the owner will diligently pursue all lawful remedies under state law to terminate the lease after receiving notice from the city that the rental unit has accumulated three or more points.
The point system would commence on August 1, 2003. This date will allow landlords the opportunity to notify their tenants of this ordinance and to comply with its provisions. Landlords would be required to immediately provide tenants with copies of the state law on residential tenancies, the city's ordinance and the city-supplied pamphlet.
fiscal note
City Attorney's Office must retain a hearing officer in FY 2003-2004 Budget. Estimated amount: $10,000.