The City of Dayton (“City”) has enacted a Residential Rental License and Safety Inspection Program ordinance, effective on January 1, 2023.

Under this ordinance, anyone who owns or operates rental property in the City must register each rental dwelling unit with the City and pay an annual Rental Property Inspection License fee of $40 per unit by April 15 of each year. See the Rental Property License Inspection registration form.  A landlord also must pay annual business license taxes on this rental property income under Section 110.03(A)(2) of the Dayton Code of Ordinances. See the Rental Property Occupational License registration form.

You may request a rental inspection by calling the Dayton Code Enforcement at 859-292-5269. Otherwise, the City will reach out to you regarding future inspection dates. Click here to view the Residential Rental License and Safety Inspection Program ordinance in its entirety.

These applications must be completed and the fees associated with them paid to the Dayton City Clerk, 514 Sixth Avenue, Dayton, Ky. 41074 before April 15, 2023.

 

Overview of the City of Dayton Residential Rental License and Safety Inspection Program

(“Residential Rental License Ordinance”)
(Effective January 1, 2023)

 

  • Every individual or entity that owns or operates residential rental property in the City of Dayton must register this property with the City for inspections.
    • This is done by completing an application provided by the City’s Clerk’s Office and paying an annual Rental Inspection License fee.
    • The annual fee is $40 for each rental dwelling unit in the city.
      • Payment is due at the City Clerk’s Office on April 15 of each year.
  • Every owner or operator of a residential rental dwelling in the city must obtain a City Rental Occupational License every year and pay annual business license taxes on this rental property under Section 110.03(A)(2) of the Dayton Code of Ordinances.
  • The City will not issue either a Rental Inspection License or Rental Occupational License to a property owner who owes past taxes, fines, fees, or other obligations to the City.
  • Residential property owners/operators must maintain all rental dwelling units in a clean and sanitary manner and the city may cite them for their failure to do so.
  • Residential rental property must comply with all city and state ordinances, including applicable building, fire, and property-maintenance codes.
  • Common areas, shared entrances, stairways, and public areas, including sidewalks, curbs, and grassy areas contiguous to the rental property, must be maintained in a safe condition free of patent defects, trash and debris, and dangerous conditions.
  • Rental property owners who do not reside in Kentucky must designate, in writing, the name and address of an agent who physically located in Kentucky who can represent the owner regarding issues arising at rental dwellings.
  • City inspectors are authorized to inspect residential rental property for the following reasons:
    • In response to a complaint of an alleged violation of the Residential Rental License Ordinance or other city and state laws and regulations;
    • When an inspector has a valid reason to believe a violation of the ordinance or other laws and regulations has been or is being committed; and
    • As part of a proactive rental inspection program established by the city.
  • The city may obtain an administrative search warrant to gain access to rental property to inspect the property if the owner refuses to allow an inspection and such refusal is subject to pre-compliance review.
  • Rental property owners/operators cannot retaliate against a tenant for lodging a complaint about his or her rental property.
  • The city may issue a notice of violation or citation to a property owner who fails to comply with the terms of the Residential Rental License Ordinance and/or fails to maintain the rental property in a safe and sanitary condition.
    • A violation of the Residential Rental License Ordinance is subject to a civil fine of not less than $50 per day but not more than $100 a day for the first 30 days of the violation.
    • If a violation remains uncorrected for more than 30 days, then the civil fine may be increased to not less than $100 per day but not more than $250 a day.
    • The city also may recover its costs incurred in abating a violation, including any reasonable attorney fees, court costs, and interest.
    • The city shall possess a lien on a rental dwelling for all fines, penalties, charges, attorney fees, court costs, interest, and other reasonable costs associated with enforcing the ordinance.
    • Any person who is delinquent in paying the annual rental license fee one month after it is due date is subject to a lien in the amount of $250 for each rental unit that is not registered with the city.
  • A property owner may appeal a citation to the City’s Code Enforcement Board, with further appeal to the Campbell District Court.