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HomeMy WebLinkAboutORD 3365CITY OF PENTON, WASHINGTON ORDINANCE NO. 3365 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, EXTENDING THE MORATORIUM ON THE CONVERSION OF RENTAL UNITS TO CONDOMINIUMS AND PROVIDING FOR PENALTIES FOR VIOLATIONS WHEREAS the City Council advises that the conditions existing as of the enactment of Ordinance No. 3326 as more particularly specified in the"Whereas" clauses of that Ordinance still exist requiring the extension of such a moratorium period during the development and adoption of regulations governing the conversion of rental units to condominiums, 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) Condominium 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 right 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 condominium as provided by the Horizontal Property Regimes Act (RCW64.32) on a building which prior to July 2, 1979 contained one or more rental units. (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 RCW 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 shall 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 for a period of thirty (30) days, 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 condominium unit where 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 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 July 2, 1979, incurred significant financial obliga- tions with -the intention of meeting such obligations 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) condominium 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 the 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 shall constitute a separate offense. SECTION V: This Ordinance shall take effect and be in force and effect upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this 8th day of October, 1979. APPROVED BY THE MAYOR this 8th Approved as to form: Lawrence J. W ren, City Attorney Date of Publication: October 12, 1979 Delores A. Mead, Cit -Clerk day of October, 1979. ;O�Od 4 • ole ."o Wim+ Barbara Y -S inpoch, Mayor.Pro==tern