Per City of Omaha Ordinance number 41767: A significant portion of residential rental properties within the city are not being properly maintained as required under this code (Sec. 48-201.a.1) and because residential rental properties pose unique problems for the enforcement of property maintenance rules. Due to the transitory nature and inexperience of tenants, tenants reluctance or fear to complain about housing conditions; lack of attention by non-complying owners; and difficulties in identifying , and holding accountable owners or local representatives of owners (Sec. 48-201.a.2).
January 1st, 2020.
It shall be unlawful for any person to violate any provision of this ordinance. Violations of this ordinance may be prosecuted pursuant to section 48-53, or pursuant to any other criminal or civil process provided by law or equity. Per Section 48-53: Any person who knowingly fails to comply with a section of this code or with a notice of violation or ordered served in accordance with this code for a period of at least 90 days after such service shall be deemed guilty of a misdemeanor and be punished as provided in Section 1-10 of the Omaha Municipal Code. The filing or pendency of an appeal under this code shall not stay the criminal prosecution of any violation. If the notice of violation is not complied with, the code official may also, in addition to the penalties set out in Section 1-10 of this Code, institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Section 1-10 states: Whenever in this Code or in any ordinances of the city, an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to perform any such act shall be punished by a fine or not exceeding $500.00, or by imprisonment not to exceed six months, or both such fine and imprisonment in the discretion of the court.
Yes. All rental properties within the corporate limits of the city or within the city’s three-mile extraterritorial jurisdiction.
If the rental property to be inspected is a single-family or duplex rental dwelling, all such single-family and duplex rental dwellings shall be inspected. If a rental property to be inspected contains multi-family or apartment rental dwelling units, the code official may inspect a sample of at least 15% of such rental dwelling units. If in the event that more than 20% of the multi-family or apartment rental dwelling units actually inspected are found to have any code violations, then all of the remaining rental dwelling units on the rental property will be inspected.
Yes. The cost of inspections under this ordinance are: 1.) $125.00 for each annual inspection or ten-year inspection of each separate rental dwelling or rental dwelling unit under this article, and 2.) $125.00 for each failure of the property owner or property manager to appear or allow entry at a rental property or dwelling for an inspection duly scheduled under this section, or to reschedule a missed scheduled inspection within seven calendar days of the scheduled date, unless such failure to inspect was due to the tenant’s refusal to consent.
A Rental Property means a lot or other parcel of real property with a separate and distinct number or other designation. A Rental Property may contain one or more Rental Dwellings leased or available for lease for occupancy. A Rental Dwelling means one or more rooms for lease in an enclosed structure arranged, designed, or intended for use as a residence or living quarters. Examples of this are: A Rental Dwelling is an individual apartment within a building of an apartment community. The total combined buildings, outbuildings, and exterior lands of the apartment community constitute the Rental Property.
The code official shall schedule the first required annual inspection of a rental property as soon as is practical. The code official shall thereafter schedule annual and ten-year inspections as required by this section. At least fourteen days advance written notice of the date and time of an inspection shall be provided to the property owner and tenant
As with all City of Omaha Property Maintenance Code violations, the owner of the property, or their managers or representatives, are responsible for the maintenance of the property and any violations of the code that are discovered during inspections shall constitute a code violation at the Rental Property and will count negatively during the inspection. If any code violation is found during an inspection under this article, the code official shall issue to the property owner a notice of violation and any other appropriate order under chapter 48 of this Code. The property owner shall be required to remedy the code violation within the time period set forth in the notice of violation.
No...The rental registration is a newly adopted city ordinance that applies to all rental properties in the City of Omaha and its 3-mile jurisdicational boundary (within Douglas County). See Map for Boundaries