Sterling rental property inspections expected to begin this fall

A delay in finalizing an inspection checklist and the scheduling process will buy Sterling landlords a little more time before inspection notices begin arriving for their rental properties.

The inspections are part of an ordinance that the Sterling City Council approved earlier this year and created the city of Sterling Residential Rental Housing Code. The code includes both a rental property registry and an inspection program aimed at holding owners and tenants accountable for substandard living conditions in rental properties throughout the city.

Sterling Building and Zoning Superintendent Amanda Schmidt said inspections originally were expected to begin after June 1. However, the inspection checklist and scheduling process still are being finalized, and she now expects inspections to begin later this year, hopefully by the fall.

Inspections will be conducted by former Sterling code enforcement officer Matt Reglin, who Schmidt said is working to compile a list of all known rental properties throughout the city.

“We’ve had some property owners reach out and ask [if we’re] behind to get things set up,” Schmidt said. “But we’re just not to that point yet. We’re still getting our ducks in a row and getting everything ready so that [Reglin] can go out and do those inspections.”

Part of that process is finalizing the inspection checklist. Under the new ordinance, a rental property now will be declared substandard if it fails to meet the minimum standards set by the 2021 International Property Maintenance Code, including any updates or changes.

Schmidt said several local landlords have agreed to let Reglin conduct “practice inspections” of their properties to help finalize the inspection checklist.

“We give them our checklist and then come through and do the inspection,” Schmidt said. “Then, we have a very open and honest conversation about what went well and what still needs some work. We want to have good, solid communication with the landlords and the tenants to make things as smooth as possible.”

After incorporating feedback to finalize the checklist, Schmidt said Reglin will send the finalized list and registration notices to landlords, providing instructions on how to register their properties by a still-to-be-determined deadline. Once that date passes, he will begin scheduling inspections.

“He will also be conducting some educational outreach,” Schmidt said. “Whether it be making up flyers, doing Facebook posts, reaching out to the individual landlords that we know of ... having those conversations and going to meetings like the landlords association and those types of things. We want communication to flow so that people can ask questions.”

But even after the registry is complete, Schmidt said, she is realistic about the initial outcome.

“Getting through every rental this year or in a calendar year isn’t going to happen,” Schmidt said. “We’re focused on starting the program and working out some of the bugs because there’s always room to improve things.”

Once the program and inspections are fully underway, Schmidt said, information such as inspection reports, compliance rates and issued fines will be made available to the public.

The rental housing code

Under the new ordinance, owners will have to register their rental properties with the city and provide their contact information and pertinent information about those properties.

Owners who live at least 50 miles outside of the city also will have to provide contact information for a designated agent at least 18 years old who lives or maintains a physical office within 50 miles of the city to receive notices of code violations and/or receive process in any court or administrative enforcement proceeding on behalf of the owner.

Owners will have to register their rental units on or before the date the unit is leased and pay an annual registration fee. Units already under lease will have 180 days from the date the ordinance was adopted to register, and failing to register on time could result in late fees.

Registration fees are good from May 1 to the following April 30, and cover one inspection and one reinspection per unit, with an additional $25 fee for each extra reinspection if the owner fails to provide access for a scheduled reinspection.

According to the code, owners are responsible for their properties’ general maintenance, including promptly addressing any interior or exterior repairs, pest infestations and substandard conditions.

Vacant rental units cannot be rented unless they are clean, sanitary and fit for human occupancy. Owners also must provide adequate garbage containers and trash-removal services for those premises, and maintain the safe and sanitary conditions of common areas in any multiple-family dwellings other than duplexes.

Tenants are responsible for maintaining clean, safe and sanitary living conditions in their rental unit, including keeping the unit in good condition, properly disposing of trash and avoiding any damage to the property. They also are expected to act in a way that does not disturb their neighbors or create conditions that could be considered a nuisance under local laws and ordinances.

Anyone found in violation of the code can be fined $100 to $750 for each day the violation continues. Each day a violation continues is treated as a separate offense. Intentionally submitting false information on a registration form can result in an additional fine of $50 to $750.

Rental inspections

Rental units will undergo an initial inspection, with subsequent inspections to follow depending on initial findings. However, if the unit is occupied, the tenant has the right to refuse the initial inspection, and the owner can refuse if the unit is unoccupied. The city still could inspect units with alleged violations by obtaining an administrative warrant, or if the owner or occupants request one.

If the owner or tenant refuses an inspection, according to the ordinance, “in support of an application for an administrative warrant, the city may offer and request that the court consider the following factors, along with such other matters that the court deems relevant, in its determination as to whether a warrant should be issued,” including:

• eyewitness reports of violations
• citizen complaints
• permanent resident complaints
• plain-view violation or violations
• violations apparent from city records or from other reliable sources
• deterioration of the property, including but not limited to observed exterior violations or conditions demonstrating or suggesting inadequate overall property maintenance
• the age of the property
• the nature of any reported or plain-view violation, including but not limited to potential effects on the health or safety of occupants or the public
• conditions of similar properties in the area
• whether any prior inspections have been conducted and, if so, the amount of time elapsed since any prior inspection

Inspection notices will include the time and date of inspection, the name and agency of those conducting the inspection, the purpose of the inspection, and information on the owner and occupant’s right to object to it, and owners will be notified before the inspection date.

A certificate of occupancy will be issued if a property passes inspection and complies with all city codes, and the registration and fees are completed.

Owners will be notified of any violations found during the inspection and be given time to fix the issues. If those violations are corrected by the specified time, the certificate will be issued, but if not, the city can take action to enforce compliance, including preventing occupancy of the rental unit.

Following inspection, rental units will be graded and receive one of the following classifications:

• Class A: The residential rental unit is in excellent condition and has no violations of applicable city codes requiring reinspection. These units would be inspected every four years.
• Class B: The residential rental unit has minor violations of applicable city codes requiring reinspection, but the violations do not pose an immediate threat of danger to the life, health and safety of the occupants of the unit. These units would be reinspected every two years.
• Class C: The residential rental unit has multiple or significant violations of applicable city codes requiring reinspection, but the violations do not pose an immediate threat of danger to the life, health or safety of the occupants of the unit. These units would be reinspected yearly.
• Class D: The residential rental unit has serious health and safety violations that pose a threat to the health and safety of the occupants or of the public. The building official/inspector shall not issue a conditional certificate of occupancy and may issue a condemnation order. These units would be inspected again in 60 days, and occupancy would not be allowed.

Rental units of newly built properties will not be inspected again for five years after a certificate of occupancy is issued unless a complaint is made about the property.

Exempt property types include owner-occupied, single-family homes and portions of owner-occupied multifamily buildings, licensed nursing home facilities, hotels, motels and other lodging that rents for 30 days or less, not including short-term rentals such as Airbnb. Properties owned by government agencies or public housing authorities also are exempt, provided they are subject to inspection by other agencies.

City officials are proposing a “rough budget” for the rental inspection program, including $76,009 for personnel pay and $70,050 for materials and services, which include a truck for the rental inspector, two desktop computers, a computer dock for the truck and an iWorQ software module to help manage the program.

Schmidt said any fees generated by the program will be used to cover its costs, with any remaining expenses financed through the city’s general fund.