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Ordinance NO. 975
REXBURG RESIDENTIAL RENTAL REGISTRATION CODE
AN ORDINANCE ESTABLISHING DEFINITIONS; ESTABLISHING BUSINESS
REGISTRATION REQUIREMENTS; STATING THE PURPOSE OF THE ORDINANCE;
DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING FOR PENALTIES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
WHEREAS, the City Council for the City of Rexburg has determined that a significant
number of residential rental uses exist within the City Limits; and
WHEREAS, the City of Rexburg has adopted numerous Ordinances in the past intended to
regulate such residential rental uses relative to health, safety and welfare; and
WHEREAS, the aforementioned residential rental properties are of numerous types, sizes
and legal designations; and
WHEREAS, the City desires to provide for the orderly identifying and tracking of the
various residential rental properties within the City Limits; and
WHEREAS, it appears to the Mayor and City Council of the City of Rexburg, Idaho, that a
registration of all such residential rental properties would be in the best interests of the community
and the citizens of the City of Rexburg;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF REXBURG, AS FOLLOWS:
SECTION I. Purpose: The purpose of this Ordinance is to promote the peace, health,
safety, welfare and tranquility of the community and citizens of the City of Rexburg by identifying
all residential rental properties within the City and registering such, and ensuring equal and
comprehensive enforcement of existing City rules and regulations. Furthermore, this Ordinance
shall provide for a means of tracking the physical facilities associated with each properties in order
to maintain consistency from year to year.
SECTION H. Regulations: Within the City Limits of Rexburg, the following rules and
regulations shall apply to all residential rental properties as defined in this Ordinance:
GENERAL PROVISIONS
RR.01.010 Citation. This compilation and revision of the general ordinances of the city constitutes
the official code of the general ordinances of the city of Rexburg. The ordinance may be cited as the
"Rexburg Residential Rental Registration Code."
RR.01.020 It is declared to be the intention of the mayor and the city council that the sections,
paragraphs, sentences, clauses and words of this code are severable, and if any word, clause,
sentence, paragraph or section of this code shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining words, clauses, sentences, paragraphs and sections of this code, since the same would
have been enacted by the mayor and the city council without the incorporation in this code of any
such unconstitutional word, clause, sentence, paragraph or section.
RR.01.030 Title, chapter and section headings. Title, chapter and section headings contained in
this code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning
or intent of the provisions of any title, chapter or section hereof.
RR.01.40 Provisions Considered As continuations of existing ordinances. The provisions
appearing in this ordinance, so far as they are the same as those of ordinances existing at the
effective date of this code, shall be considered as continuations thereof and not as new enactments.
RR.01.050 Effective date. This ordinance shall become effective "April 01, 2007" upon
publication after the passage of this ordinance by the Rexburg City Council.
RR.01.060 Constitutionality. If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining portions of this code. The council declares that it would have passed this
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ORDINANCE NO. 975
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code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or
unconstitutional, and if for any reason this code shall be declared invalid or unconstitutional, then
the original ordinance or ordinances shall be in full force and effect.
RESIDENTIAL RENTAL REGISTRATION
RR.02.010 Generally. The following words and phrases, when used in this chapter, shall have the
following meanings respectively ascribed to them in this section.
RR.02.020 Apartment or residential rental unit. "Apartment', "Apartment house" or
""residential rental unit"' means a dwelling unit or suite of rooms that are designed to be occupied
for living purposes, rented on a monthly or longer basis.
RR.02.020 City. "City" means the city of Rexburg, Madison County, state of Idaho.
RR.02.030 Employee. 'Employee," for the purposes of this chapter, means any person employed
by a Business including active owners, managers, active partners and agents, also including sales
persons and all persons engaged in or associated directly with the management and operation of the
property concerned. The intention is to include as "employees" all persons hired by, or working for
the property involved, and to include owners and proprietors within the designation. In case of part
-time employees, the number of full -time equivalent employees will be determined by dividing the
total number of hours worked by all part -time employees by two thousand eighty.
RR.02.040 Hotel, motel, roominghouse or lodginghouse. "Hotel," "motel," "roominghouse," or
"lodginghouse" means any building or buildings containing guest rooms intended to be rented or
hired out for sleeping purposes for periods less than thirty (30) consecutive days.
RR.02.050 Mayor. "Mayor" means the mayor of the city.
RR.02.060 Nonprofit organization. "Nonprofit organization" means any religious, charitable,
social, educational, or civic group which does not distribute profits or dividends to the members
thereof and where profit is not their object.
RR.02.070 Office. "Office" means a room or building in which a person transacts his business or
carries on his stated occupation.
RR.02.080 Person. "Person" means a corporation, partnership, company, association, or society as
well as a natural person and the agents and representatives thereof.
RR.02.090 Residential Rental. "Residential Rental' means a dwelling unit or suite of rooms that
are designed to be occupied for living purpose, rented on a monthly or longer basis.
RR.02.100 Temporary premises. "Temporary premises" means any hotel, roominghouse,
storeroom, building, or any part of any building whatsoever, tent, vacant lot, freight station, railroad
car, motor truck, trailer or other vehicle or any public or quasi -public place temporarily occupied
for the purpose of transacting business.
RR.02.110 Trailer court or mobile home park. "Trailer court" or "mobile home park" means a
tract of land providing two or more mobile home lots for lease or rent to the general public.
RR.02.120 Year. "Year," for general city business registration purposes, means a period of time of
twelve months commencing each year on January I st and ending the last day of December of the
same year.
REGISTRATION PROVISIONS GENERALLY
RR.03.010 Registration - -Required. For the protection and general welfare of the inhabitants of
the city, every Residential Rental in excess uinue reu aT unit peF-parce} operated within the city
comes within the police power of the city, and no person shall engage in the operation of a
Residential Rental, Apartment House or Apartment without first registering unless exempt under
this Ordinance or exempted by state law. The charge for such registration shall be as fixed in
Section RR.03.030 unless otherwise provided in this code. Money received from registration shall
be used to defray the expense of issuing the registration and the physical facilities review,
regulation and control of Residential Rental, Apartment House or Apartment within the city. This
registration requirement is intended to apply to all entities operating a Residential Rental,
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ORDINANCE NO. 975 -2-
Apartment House or Apartment within the city unless the entity is otherwise expressly excluded in
this chapter from this requirement.
RR.03.020 Registration -Application -Issuance procedure.
The city clerk shall be charged with the collection of all Residential Rental, Apartment House or
Apartment registration fees required by the city. The city clerk shall provide an application form in
substantially the same format as addendum "A" to this Ordinance for the purpose of facilitating
registration. As directed by the city clerk, each applicant for registration shall file with the city clerk
an application in writing on the form provided for such registration application.
RR.03.030 Registration -Fees -Schedule. The schedule of fees for registration of a Residential
Rental, Apartment House or Apartment shall be set forth in the Busruess Reerst�Fee
Schedule, and may be amended from time to time by Resolution of the Rexburg City Council in
accordance with applicable State laws.
RR.03.040 Registration - -Fees - -Refund. If an application for a registration is denied, the fee
that accompanied the application shall be returned to the applicant in its entirety except for fees
associated with inspection in aid of granting or rejecting the registration.
RR.03.050 Registration - -Term—Proration. All business registrations shall be annual, unless
otherwise specified. All applicants for registration shall pay the annual fee irrespective of the point
in the year at which the registration is sought.
RR.03.060 Registration - -Separate Registration Required. A registration shall be obtained for
each individually identifiable location, irrespective of ownership.
RR.03.070 Business - -Change of ownership. Whenever a Residential Rental, Apartment House
or Apartment changes ownership, the new owner shall report such change to the city clerk so that
the registration may be transferred.
RR.03.080 Interpretation of provisions - -Unlawful business. The registration provisions of this
chapter shall not be construed to grant permission to carry on or conduct any unlawful business, or
to operate any Residential Rental, Apartment House or Apartment in an unlawful manner, or to
grant immunity to any entity from lawful regulation and control, or to authorize the violation of any
zoning ordinance, regulation, or restriction.
RR.03.090 Right to refuse or revoke registration. Whenever the council deems it in the public
interest, it may, by resolution adopted by a majority vote of the members of the council and
approved by the mayor, refuse to authorize the issuance of any registration provided for in this
chapter, the council may also, upon a majority vote of members of the council and approved by the
mayor, revoke any registration issued under this chapter if deemed in the public interest to do so.
RR04.010 Parking Space Management. Each Residential Rental, Apartment House or
Apartment must inventory all approved parking spaces, and issue contractual obligations relative to
all such parking spaces. No agreements for tenancy shall be executed on behalf of the owner,
operator or their agents, relative to a Residential Rental, Apartment House or Apartment without
affirmatively designating whether the same has a parking space available.
RR04.020 Parking Space Restrictions. All designation of available parking as referenced in
Section RR.040.010 above must have an approved parking space associated with the designation
such that if all designated tenants were to park a vehicle there would be adequate spaces. No
allowance for absenteeism shall be allowed. For each agreement containing an affirmative
designation of parking space, there must be a space.
RR.040.030 Non -Parking Agreements. Any agreement for tenancy in a Residential Rental,
Apartment House or Apartment which is not specifically designated as a "Parking Space"
agreement, there must be an affirmative statement notifying the parties to the agreement that there
is no overnight, on site parking provided in connection with the agreement.
SECTION III. Owner Responsibility: Any owner, employer or other person in charge of
a Residential Rental, Apartment House or Apartment, shall be responsible for insuring to the best of
their ability that all provisions of this Ordinance are complied with.
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SECTION IV. Penalties:
(A) Any person who violates a provision of this chapter shall be guilty of a misdemeanor,
and shall be subject to fines or by imprisonment, or by both such fine and imprisonment consistent
with Idaho Code, Section 18-113, as amended.
(B) Upon a second conviction within a three year period, the person shall be guilty of a
misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined no
less than One Hundred Dollars ($100.00) in conjunction with any other sentence or costs deemed
appropriate by the Court.
(C) Upon a third or greater conviction within a three year period, the person shall be guilty
of a misdemeanor and punished pursuant to Idaho Code, Section 18-113, as amended, and be fined
no less than Two Hundred and Fifty Dollars ($250.00) in conjunction with any other sentence or
costs deemed appropriate by the Court.
SECTION V. This ordinance shall be in full force and effect from and after its passage,
II and due publication.
PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this 31sT day of
ATTEST:
Blair D. Kay, City Clerk
STATE OF IDAHO
)ss.
County of Madison
C Fry`'_
Shawn Larsen, Mayor
I, Blair D. Kay, City Clerk of the City of Rexburg, Idaho, do hereby certify: That the
above and foregoing is a full, true and correct copy of the Ordinance entitled:
AN ORDINANCE ESTABLISHING BUSINESS DEFINITIONS; ESTABLISHING
BUSINESS REGISTRATION REQUIREMENTS; STATING THE PURPOSE OF THE
ORDINANCE; DEFINING TERMS; PROVIDING FOR ENFORCEMENT; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING FOR PENALTIES; REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND
PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.
Passed by the City Council and approved by the Mayor this 31" day of January. 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City
of Rexburg, Idaho, this 31" day of January, 2007.
January 31, 2007
ORDINANCE NO. 975
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Blair D. Kay, City Clerk
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