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HomeMy WebLinkAboutORD 3326 1` � �� , : - -� t . j � � f •� +�i � �, i ''`� �,: Lt . , ' ' ,. � i � � ' , 4 * . . ' , . _ _ .. . + . � - . CIT`.Z 0�' P.�t�TOr�, T�JASHI��Gi011� . , , . , I OP,DI?1Ai10E N0, 3326 AN ORDIIIANCE OF THE CTTY �F P.EI�TOI1, WASHINt;TON � � . DECLI�P,Ii3G A I�OUSING Ei9EP.GENCY �ND IT'[POSZT�IG A . PSOR.f�T�RII.1i"I QZZ T��� COl`dVERSIQ�� UF RL''�3T�I.� Ui3ZTS . TO C0��170I'IIi1Il71'ZS, AND PROVIDING �'E23ALTIES FOR � VIOLATIOTdS WHEREAS, the vacancy rate far ren�al. units in �he Ci�y o.� I � Ren�on is bet�aeen ane and two percent; and . � I�7�iEREAS, projections indica�e no increase in the vacancy � � rate in the �'oreseeable future; an� I C . . � � TdHEREAS, there has been been a substantial increase in the � I i � number and percentage of rental u.n.i�s converted to condarniniizms in I the past eighteen months; and ` . i � WHEREAS, there has been a substan�ial increase i�. �he nurnber I an.d �ercentage o� condominium declara�ians �'iled in the last six � � , months ; anu , � I WH�REEIS, the conversion of rental units to condorniniums reduce� the n.umb�r of available ren�al units in a rental �arket with I I ' • � I � an extremely low vacanc;r rate; and � - � � ' ' � Tn1HEiZE.�S, the conversion a� rental units to condominiums is i . causing severe hardship for tenan�s , es�eciall� the elderly and those I wit�� 10�� and maderate incomes who are displaced b� conversion of � their apar�ments ta condominiums , and who are least able ta cone �oith I the housin�; shor�age; and CdHER�AS, in some cases �Genants are enterinp; in�o rental agree�nen�s only to find within a �e�a days that� the ren�al �u?�it has been converted ta a condaminiun and their tenanc� is bein� termiziated; an d � � LJ��E�AS, many purchasers af candominium un.its calzich have been converted from rental units are not � familiar with t�ie unique as�ects I � � � of t�ze construc�a.on. of candomi.ni.ums and the characteristics of i candoxnin.ium ac�ryershi�; and . t , ° r . . . ',< - . , , � . �, .� , � . . , �_ , . _ • � , r r � , - : . . . _ .... .. .... ._.,""_.....,..-.._.-y . ` . ': , ' ` •� , � , ,s� � . WHEREAS, purchasers of condominium converted units are investing th.eir financial resources into a form of home ownership which is uniquely subject to the danger of c�estruction by fire, and he installation of ade ua te fire alarm and there is a grave need for t Q protection systems ; and WHEREAS , it is necessary to review these problems in order to devise adequate regulations to alleviate such hardship; and WHEREAS , it is anticipated that there will be attempts to convert rental units to condominiums during the review period so as to avoid the impending regulations ; and WHEREAS, this rush to convert existing rental units to condominiums wi11 have a detrimental effect on an already czitical situation, thus diminishing the effectivness of any regulatory scheme devised; and WHEREAS , it is the intention of the City Council of the City � of Renton to provide a moratorium period in which to carefully develop and adopt regulations governing the conversion of rental units to condominiums , and to end such moratorium period as soon as such regulations are adopted; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON WASHINGTON, AS FOLLOWS : SECTION I : Definitions : The following terms used in this Ordinance shall have the meaning set forth below: (a) Condominiur:i Building means a building in which the owner of one or more dwelling units is entitled to the exclusive ownership and possession of his or her unit and has the common ri�ht to share, with other unit owners , the common area and facilities , or which is governed by the Horizontal Property Regimes Act (RCW 64. 32) . (b) Condominium Conversion means the filing of a declaration of condominiur_m as provided by the Horizontal Property Regimes Act (RCW 64.32) on a building which prior to July 2 , 1979 contained one or more rental units . , � .' � � � ' . � . I i (c) Condominium Unit shall mean a single unit in a Condominium Building. (d) Offer for Sale shall mean any advertisement, inducement, solicitation, or attempt to encourage any person to purchase an indentifiable condominium unit . (e) Owner means the person or persons who have title to or a beneficial interest in any existing building designed or intended to be used for human habitation. (f) Person includes any individual , corporation, partnership, association, trustee or other legal entity. (g) Rental Unit means any dwelling unit as defined in RCti�� 59 . 18 .030 (1) which has been occupied sinCe July 2 , 1979 , under a rental agreement, express or implied. (h) Sale shall mean the acceptance of an offer to purchase , a rental or condominium unit provided that the sale of an entire building sha11 not be considered a sale for the purpose of this Ordinance. (i) Tenant means any person occupying or holding possession of a building or any portion thereof for purposes of habitation pursuant to a lease or rental agreement. SECTION II : From the effective date of this Ordinance until october l , 1979 , it shall be unlawful for any person to convert a rental unit to a condominium, or to sell or offer for sale any rental unit or conc�ominium unit w�here such rental unit was rented as of July 2, 1979 . SECTION III : Exception: The requirements of Section II of this Ordinance shall not apply to (a) condominium units or rental units which have not been occupied by a tenant since July 2 , 1979 , , or (b) rental units where an owner can show, with clear, cogent and I convincing evidence, that (1) the units have been sold or offered for � • , � ' � , • , �� � '. sale as condominium units prior to July 2 , 1979 , or (2) that he or she prior to Ju1y 2 , 1979 , incurred significant financial obligations with the intention of ineetin� such ob�.igations with the proceeds of the sale of the units , and the provisions of this Ordinance will prevent him or her from meeting such obligations ; or (3) con�.ominium units or rental units which are offered for sale and sold to the tenant occupying such unit on July 2, 1979. SECTION IV: Penalty: Commission of the act made unlawful by Section II of this Ordinance shall constitute a violation subject to the provisions of Section 204 of the Uniform Housing Code (Title 4, Chapter 9 of the Code of General Ordinances of �he City of Renton. , Any person convicted thereof may be punished by a civil fine or forfeiture not to exceed Five Hundred Dollars ($500.00) . Each day' s violation sha11 constitute a separate offense SECTION V : Effective Date. The City Council finds that the conditions set forth in the "WHEREAS ' clauses above, which are incorporated h.erein by reference, are true and correct in all respects , and that in view of the conditions cited above that ir is therefore necessary for the preservation of public peace, health, and safety that regulation of the conversion of rental units to condominiums be immediately implemented and that this Ordinance take effect without delay. By reason of the facts set forth in this Section an emergency is declared to exist. This Ordinance shal�. take effect and be in force and effect upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this 2nd day of July, " 1979 . � � . � De ores A. Mead, C y Clerk APPROVED BY THE MAYOR this 2n� day of July, 1979 . ����ti�,��1�', CuT-�' � �� I Appro ed as to form: Charles /,d. Delaurenti, Mayor 'I C��,(� r (/ Zr�v� Lawrence J. Wa�`ren, City Attorney Date of Publication: July 6, 1979