Chapter 16.20 ELK GROVE HOUSING CODE

This chapter shall be known as the “Elk Grove housing code,” and may be cited as such. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

A. The City is under a State mandate to have a program to enforce the provisions of the State Housing Law. Unsafe housing is a community blight often associated with unlawful activity. While the cost of enforcement is significant, the result of failing to abate substandard housing has more adverse and far reaching consequences such as loss of housing and displaced individuals.

B. Studies show that complaint initiated enforcement actions are sufficient to provide the essential level of abatement of substandard housing conditions needed by this community. An increased level of service which includes routine inspections of rental housing units has been determined to be cost prohibitive at this time, but may be incorporated in the future if the need is demonstrated and necessary funding is secured.

C. Having determined the appropriate level of service to be provided by a housing code enforcement program, it is also determined that those persons who violate the State Housing Law should bear the greatest practical share of the costs of operating such a program through enforcement fees and penalties. However, the establishment of such a program requires revenue to fund its implementation costs and to fund the difference between the ongoing costs of such a program and the revenue collected from violators through enforcement fees and penalties. The source of this revenue must be reliable if such a program is to achieve its objectives. Collection of enforcement fees and penalties is inherently unreliable as a funding source, and therefore cannot be relied upon either to establish the initial operating revenue for such a program or to fully support its ongoing operational costs.

D. It is therefore necessary to levy a housing stock conservation fee for the purpose of generating the revenue required to fund the implementation and ongoing operating costs of such a program. The housing stock conservation fee will be adjusted annually for the purpose of maintaining an adequate housing code enforcement fund balance, including prudent reserves. The housing stock conservation fee is a supplemental funding source for this program, intended to make up for any actual or forecast deficiencies in total program costs not generated from the collection of enforcement fees and penalties from violators.

In the City of Elk Grove, substandard housing has caused health risks to its occupants and those who reside in the surrounding neighborhood. Additionally, substandard housing has significantly contributed to neighborhood blight. As a result, substandard housing is a nuisance that threatens the health and welfare of many members of the Elk Grove community.

To eliminate this nuisance it is imperative to establish enforceable minimum standards for residential buildings. The purpose of this chapter is to establish such standards for maintaining all residential buildings in the City and thereby safeguard the life, limb, health, property, safety, and welfare of the public. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.015 Findings.

The City Council finds as follows:

A. It is imperative to establish enforceable minimum standards for residential buildings and to provide a program for enforcing these standards which is self-supporting.

B. Complaint initiated enforcement actions are sufficient to provide the essential level of abatement of substandard housing conditions needed by this community.

C. Violators of the State Housing Law must bear the largest feasible share of the cost of housing code enforcement.

D. Rental property owners derive a substantial benefit from a housing code enforcement program and should therefore contribute to a portion of program costs.

E. Residents of rental property also benefit from a housing code enforcement program and should therefore contribute to program costs indirectly through the cost of renting such housing.

F. It is necessary to establish an operating fund, which is separate from the City’s general fund, for the purpose of implementing a housing code enforcement program and operating it on an ongoing basis. It is necessary that this source of funds be predictable and reliable for the efficient and continued operation of such a program. The imposition of a housing stock conservation fee is an appropriate means to accomplish this purpose.

G. It is recognized that the majority of rental housing property owners comply with the State Housing Law and applicable City ordinances, and that only a relatively small percentage violate these laws. And while it is the intent of this chapter that this group of violators should pay for as much of the cost of a housing code enforcement program as is practical and feasible, it is also recognized that the collection of enforcement fees and penalties from violators can be a protracted and costly process, and that reliance thereupon as the sole source to fund such a program is inherently speculative and unrealistic. Therefore, while the primary source of revenue for this housing code enforcement program is intended to come from the collection of enforcement fees and penalties from violators, in their absence, the housing stock conservation fee is intended to make up program cost deficiencies. The reliance of such a program on the City’s general fund for its cost of operation shall be minimized to the greatest extent possible.

H. This chapter satisfies the City’s legal obligations under the State Housing Law. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.020 Scope.

The provisions of this chapter shall apply to all new and existing buildings or portions thereof used, or designed or intended to be used, for human habitation. This chapter is not an exclusive regulation of housing within the City of Elk Grove. It shall supplement, be accumulative with, and be in addition to any and all regulatory ordinances and State or Federal law existing or hereafter enacted by the City, the State or Federal government or any other legal entity that may have jurisdiction. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article I. Definitions

16.20.100 Definitions.

For purposes of this chapter, the following definitions shall apply:

A. Reserved.

B. “B” Definitions.

1. “Building” shall mean a structure or part thereof.

2. “Building Code” is the Uniform Building Code adopted pursuant to EGMC Chapter 16.04.

C. “C” Definitions.

1. “Clerk” means the City Clerk, or his or her designated representative.

2. “Complaint” means notification by any person, lodged with the Code Enforcement Division of the City of Elk Grove, of a violation or a suspected violation of the housing code or this chapter.

D. “D” Definitions.

1. “Demolish” means to destroy a building and to remove all debris and waste materials from the lot on which the building stood.

2. “Department” means the Development Services Department of the City of Elk Grove.

3. “Director” shall mean the City Manager of the City of Elk Grove or his or her designated representatives.

4. “Displaced.” A tenant is “displaced,” within the meaning of this chapter, if the tenant is ordered to move out of a rented dwelling unit or structure by an order to vacate issued by the City.

5. “Dwelling” shall mean any building or structure or part thereof used and occupied for human habitation or intended to be so used, and includes any garages or other accessory buildings belonging thereto, including those which are rented or leased for any term or duration, type or tenure.

6. “Dwelling unit” shall mean any room or group of rooms located within a dwelling and forming a single unit with the facilities which are used or intended to be used for living, sleeping, cooking, or eating.

E. “E” Definitions.

1. “Electrical Code” is the National Electrical Code as adopted and as modified by the City of Elk Grove Electrical Code set forth in EGMC Chapter 16.28.

2. “Enforcement” means diligent effort to secure compliance or abatement, including review of plans and permit applications, response to complaints, citation of violations, and other legal process. Except as otherwise provided in this chapter, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and efforts to secure compliance as to such existing buildings.

F. “F” Definitions.

1. “Fire Chief” shall mean the Fire Chief of the Cosumnes Community Services District Fire Department.

2. “Fire Code” is the Uniform Fire Code adopted pursuant to EGMC Chapter 17.04.

G. Reserved.

H. “H” Definitions.

1. “Hearing Officer” means an active member of the Bar of the State of California appointed by the City Manager to hear matters as provided for and described in this chapter. The Hearing Officer shall also serve as the housing appeals board as that term is used in the State Housing Law.

2. “Housing code” means this chapter and includes the Building Code, the Electrical Code, the Mechanical Code, the Plumbing Code and the State Housing Law.

3. “Housing code enforcement fund” means the housing code enforcement fund established by this chapter.

4. “Housing stock conservation fee” means the fee assessed under this chapter for each rental dwelling unit.

I. Reserved.

J. Reserved.

K. Reserved.

L. “L” Definitions.

1. “Landlord” means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any dwelling, or the agent, representative, or successor of any of the foregoing.

M. “M” Definitions.

1. “Mechanical Code” is the Uniform Mechanical Code adopted pursuant to EGMC Chapter 16.32.

N. Reserved.

O. “O” Definitions.

1. “Occupant” shall mean any person over one (1) year of age living, sleeping, cooking, or eating in, or having actual possession of a dwelling unit.

2. “Occupied” shall mean any actions associated with living in or occupying a property including, but not limited to, sleeping, cooking, eating, bathing, and dressing.

3. “Order to vacate” means a written notice served by an authorized City official on the owner and posted on the affected property declaring that, due to failure to repair or maintain, the dwelling shall be vacated.

4. “Owner” means the owner of fee title to a dwelling unit.

P. “P” Definitions.

1. “Parties in interest” shall mean all persons, businesses, partnerships, and corporations who have a mortgage or other interest of public record in a dwelling or dwelling unit, or who are in possession thereof.

2. “Plumbing Code” is the Uniform Plumbing Code adopted pursuant to EGMC Chapter 16.24.

3. “Program” means the housing code enforcement program created under this chapter.

4. “Proof of compliance” means documentation, on such form and in such manner as the Director may provide, that the deficiencies noted in the order or citation issued by the City have been corrected.

5. “Public record” shall mean deeds, mortgages and other instruments of record relating to land titles and recorded by the Sacramento County Clerk-Recorder.

Q. Reserved.

R. “R” Definitions.

1. “REAP” means the rent escrow account program provided by this chapter.

2. “REAP account” means the account established by this chapter, of that name, which shall be established and maintained by the Finance Director of the City either as an account or a fund, and may, for the purpose of accounting records, any audits thereof and any reports or statements with respect thereto, be treated either as an account or a fund; but all such records with respect to any such fund shall at all times be maintained in accordance with sound accounting practice.

3. “Repair and demolition fund” means the fund established by this chapter, of that name, which shall be established and maintained by the Finance Director of the City either as an account or a fund, and may, for the purpose of accounting records, any audits thereof and any reports or statements with respect thereto, be treated either as an account or a fund; all such records with respect to any such fund shall at all times be maintained in accordance with sound accounting practice.

4. “Rental dwelling unit” means a dwelling unit rented for any tenure, type or price.

S. “S” Definitions.

1. “State Housing Law” means Division 13, Part 1.5 of the Health and Safety Code (commencing at Section 17913) and Article I (commencing at Section 1) of Chapter 1, Title 25 of the California Code of Regulation.

2. “Substandard dwelling” shall have the same meaning as substandard building as set forth in Section 17920.3 of the Health and Safety Code, or any successor statute.

T. “T” Definitions.

1. “Tenant” means the individual or individuals occupying a rental dwelling unit.

U. “U” Definitions.

1. “Untenantable Rental Dwelling Unit.” A rental dwelling unit shall be deemed “untenantable,” for the purposes of this chapter, if it or the common area of the dwelling, structure, or premises in which it is located is the subject of a housing code citation or order pursuant to this chapter and substantially lacks any of the affirmative standard characteristics set forth in Section 1941.1 of the Civil Code.

2. “Utilities” means electrical, sewer, natural gas and water services provided by the local service provider or provided under other means as approved by finalized permit with the Elk Grove Building and Safety Inspection Department.

V. “V” Definitions.

1. “Vacation date” means the date by which a tenant is required to vacate a rental dwelling unit, pursuant to an order by an authorized City official.

W. Reserved.

X. Reserved.

Y. Reserved.

Z. Reserved. [Ord. 24-2015 §7 (Exh. E), eff. 2-12-2016; Ord. 4-2012 §1, eff. 4-27-2012; Ord. 8-2010 §1, eff. 5-14-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article II. Violations and Penalties

16.20.200 Violations.

A. Existence of a Substandard Dwelling. All dwellings, or portions thereof, shall be maintained, repaired or reconstructed in accordance with the housing code. Any dwelling, or portion thereof, which has become a substandard dwelling as defined herein is declared to be a nuisance and a misdemeanor and shall be abated through correction, repair, reconstruction or demolition in accordance with applicable provisions of this chapter.

B. Rent or Lease of Substandard Dwelling. It shall be unlawful and a violation of this code for the owner(s) or parties in interest of any dwelling, or portion thereof, that is a substandard dwelling to rent or lease, or to offer for rent or lease the substandard dwelling, or any portion thereof. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

C. Failure to Obey Notice and Order. It shall be unlawful and a violation of this code for any owner to fail or refuse to comply with the terms and provisions stated in any notice and order issued under this chapter. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

D. Rental without Inspection. It shall be unlawful and a violation of this code for any owner or party in interest to rent to another person a vacant dwelling unit which is the subject of a pending enforcement action under this chapter, until such dwelling unit has been inspected by the City for housing code compliance, and has passed such inspection, and written evidence thereof has been received. For purposes of this section, a dwelling unit is the subject of a pending enforcement action under this chapter if all repairs and work required by a notice and order previously issued, amended, or supplemented by the City concerning such dwelling unit have not been completed with all required building permit inspections finalized. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

E. Any residential dwelling shall be considered substandard and uninhabitable should the dwelling not possess an operable connection to all utilities. It shall be unlawful for any substandard dwelling as defined here to be occupied until operable utility connections have been established.

F. Removing Notice and Order without Inspection. It shall be unlawful and a violation of this code for any individual to remove a notice to vacate attached to the structure of a vacant dwelling unit which is the subject of a pending enforcement action under this chapter, until such dwelling unit has been inspected by the City for housing code compliance, and has passed such inspection, and written evidence thereof has been received. For purposes of this section, a dwelling unit is the subject of a pending enforcement action under this chapter if all repairs and work required by a notice and order previously issued, amended, or supplemented by the City concerning such dwelling unit have not been completed with all required building permit inspections finalized. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

G. Removing Boards. It shall be unlawful and a violation of this code for any person to remove, deface or destroy any boards placed by the Director pursuant to EGMC Chapter 16.23 without prior written permission of the Director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18. [Ord. 8-2010 §2, eff. 5-14-2010; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.220 Penalties and costs of enforcement.

A. Any person violating this code may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

B. Fines. The City may seek, in addition to all other remedies available at law, criminal sanctions, contempt and other penalties provided for under Chapter 6, Division 1.5 (commencing at Section 17995) of the Health and Safety Code.

C. Administrative Civil Penalties.

1. Imposition. In addition to any other remedies provided by this code or State law, there is hereby imposed an administrative civil penalty of up to Five Thousand and no/100ths ($5,000.00) Dollars for each violation of this chapter. Notice of any administrative civil penalty shall be served and proof of service shall be made in the same manner as provided in EGMC Section 16.20.405(D). The notice shall provide that any administrative civil penalty imposed shall be administratively reviewed by a Hearing Officer before it is enforced. When violation of this chapter pertains to a continuing violation of building, plumbing, or electrical issues that do not create an immediate danger to health or safety, as determined by the Director, or designee, the violator shall be provided with a reasonable time to correct or otherwise remedy the violation prior to imposition of the penalty. The Director, or designee, shall determine and notify the violator of the time within which the violator must correct or remedy the violation. That notice shall provide that an administrative civil penalty will be imposed if the continuing violation is not remedied or corrected within the time stated.

2. Administrative Review. Enforcement of the administrative civil penalty imposed by the Director, or designee, shall be by written order issued by the Hearing Officer following notice and an opportunity for hearing. Procedures concerning notice, conduct of the hearing, and service shall be as provided herein. The order of the Hearing Officer concerning the administrative civil penalty shall be in writing resolving the essential issues raised and confirming, amending or rejecting the administrative civil penalty imposed by the Director, or designee. In reaching a decision concerning any administrative civil penalty, the Hearing Officer shall be guided by factors including, but not limited to: the danger to public health, safety and welfare represented by the violation, recidivism, and any economic benefit associated with noncompliance.

3. Judicial Review. The manner of contesting the final order of the Hearing Officer concerning any administrative civil penalty is governed by Section 53069.4 of the Government Code, or any successor provision thereto. Service of the notice of appeal authorized by Section 53069.4 of the Government Code upon the City shall be served upon the City Clerk.

D. Separate Offense for Each Day of Violation/Continuing Violation. Each person violating this chapter shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter or a failure to comply with any regulation adopted pursuant to EGMC Section 16.20.330 is committed, continued, or permitted by any such person. Any violation which persists for more than one (1) day is deemed a continuing violation for the purpose of this chapter.

E. Payment of Costs of Enforcement/Collection. In addition to any penalty, sanction, fine or imprisonment, each person who violates the provisions of this chapter, or who is convicted of any violation of any provision of this chapter, or who fails to comply with any regulation adopted pursuant to EGMC Section 16.20.330, shall be required to pay any and all expenses of enforcement including those costs necessary to bring the dwelling, building or portion thereof into compliance with this chapter and any regulation adopted pursuant to EGMC Section 16.20.330. In addition to all remedies herein contained, the City may pursue all reasonable and legal means in collecting those sums authorized and due.

F. Attorneys’ Fees. Pursuant to Section 25845 of the Government Code, attorneys’ fees may be recovered by the prevailing party. However, in no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article III. Administration and Enforcement

16.20.300 Enforcement.

The City of Elk Grove Development Services Department is hereby authorized and directed to administer and enforce the housing code, all of the provisions set forth in this chapter, and all regulations approved and adopted by the City Council as provided in EGMC Section 16.20.330. For such purposes, the Director shall have the powers of a law enforcement officer. [Ord. 24-2015 §7 (Exh. E), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.330 Regulations.

The Director may present to the City Council for approval and adoption those regulations which seem consistent with the purposes, intent, and express terms of this chapter as he or she deems necessary to implement such purposes, intent, and express terms. No regulation or amendments thereto shall be enforced or become effective until thirty (30) days following the date on which the proposed regulation or amendment has been approved by the City Council and filed with the Clerk. The Director shall have the power to render interpretations of this chapter and its regulations in order to clarify the application of its provisions. Such interpretations shall be in conformity with the intent and purpose of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.340 Authority to enter and inspect.

A. The Director, subject to the consent given by an occupant who reasonably appears to be at least sixteen (16) years of age, has authority to enter and inspect any dwelling or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of this chapter and any regulation adopted pursuant to EGMC Section 16.20.330. In the event consent of the occupant is not available, the Director may obtain an inspection warrant pursuant to the provisions set forth in the Code of Civil Procedure (commencing at Section 1822.50).

B. The owner, authorized agent of any owner, or any of the parties in interest of any dwelling, or portion thereof, may enter the dwelling, subject to the consent of the occupant, whenever necessary to carry out any instructions, or perform any work required to be done pursuant to this chapter and any regulation adopted pursuant to EGMC Section 16.20.330.

C. Subject to the provisions of Section 1822.50, et seq., of the Code of Civil Procedure concerning inspection warrants, no person authorized by this section to enter dwellings shall enter any dwelling between the hours of 6:00 p.m. of any day and 8:00 a.m. of the succeeding day without the consent of the occupants of the dwelling. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.350 Substandard housing.

In addition to the conditions described in EGMC Section 16.20.200 constituting a substandard dwelling, a building will be considered a substandard dwelling if one (1) or more of the following conditions or defects are present in any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof:

A. Inadequate sanitation which shall include, but not be limited to, the following:

1. Lack of or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

2. Lack of or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

3. Lack of or improper kitchen sink.

4. Lack of hot and cold running water to plumbing fixtures in a hotel.

5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

6. Lack of adequate heating in accordance with the latest edition of the California Building Code.

7. Lack of, or improper operation of, required ventilating equipment in accordance with the latest edition of the California Building Code.

8. Lack of minimum amounts of natural light and ventilation required in accordance with the latest edition of the California Building Code.

9. Room and space dimensions less than required in accordance with the latest edition of the California Building Code.

10. Lack of required electrical lighting as required by EGMC Section 16.20.200.

11. Excessive dampness of habitable rooms.

12. Infestation of insects, vermin, or rodents.

13. General dilapidation.

14. Lack of connection to functional sewage disposal system as required by EGMC Section 16.20.200.

15. Lack of adequate garbage and rubbish storage and removal as required by EGMC Title 30.

B. Structural hazards which shall include, but not be limited to, the following:

1. Deteriorated or inadequate foundations.

2. Defective or deteriorated flooring or floor supports.

3. Flooring or floor supports of insufficient size to carry imposed loads with safety.

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

6. Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

7. Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

8. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

C. Electrical wiring that does not conform with all applicable laws in effect at the time of installation and/or is not maintained in good, safe and properly working condition.

D. Hazardous plumbing, which shall include, but is not limited to the following:

1. Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal;

2. Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition; and

3. Any other plumbing condition which is sanitarily unsafe to any person who may occupy the building.

E. Mechanically operated equipment, which shall include, but not be limited to, appliances, appliance venting, duct and ventilation systems, and HVAC systems that does not conform to all applicable laws in effect at the time of installation and/or is not currently in good and safe working condition to establish the minimum acceptable level of safety to protect life and property from the potential dangers associated with the installation and operation of mechanical operated equipment associated with a dwelling.

F. Faulty weather protection, which shall include, but not be limited to, the following:

1. Deteriorated, crumbling, or loose plaster.

2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

4. Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

G. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of a fire or explosion.

H. Those premises on which a significant accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and/or similar materials or conditions exist constituting a fire, health, or safety hazard.

I. All buildings or portions thereof not provided with adequate exit facilities as required by the California Building Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

J. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies. [Ord. 4-2012 §2, eff. 4-27-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article IV. Enforcement Proceedings

16.20.400 Notice and order.

A. Commencement of Proceedings. Whenever the Director has inspected or caused to be inspected any dwelling, and has determined that a violation of this chapter exists, the same being declared to be a public nuisance, the Director shall institute any appropriate action or proceedings to abate the violation by repair, rehabilitation, vacation or demolition of the building consistent with the procedures established herein or otherwise available by law.

B. Notice and Order. The Director shall issue a notice and order directed to the owner(s) of the dwelling as shown in the public record, and to all parties in interest. The notice and order shall contain:

1. Address. The street address and assessor’s parcel number or such other legal description sufficient for identification of the premises upon which the dwelling is located.

2. Nature of Violation. A statement that the Director has found the dwelling or portion thereof to be substandard and a brief factual description of each and every condition found to render the dwelling or portion thereof substandard as defined in this chapter.

3. Action Required. A statement of the action required to be taken as determined by the Director. The statement of the action required may advise as follows:

a. Repair. If the Director has determined that a dwelling must be repaired, then the Director shall order the dwelling or portion thereof to be repaired, that all required permits be secured therefor, and that the repair work shall actually commence within thirty (30) days from the date of the order, and shall be completed within such time as the Director shall determine is reasonable under all of the circumstances, including the purposes and intent for enactment of this chapter.

b. Choice between Repair and Demolition. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the Director shall require that the building be brought into compliance with this chapter according to a reasonable and feasible schedule for expeditious repair. If the owner chooses to demolish the dwelling, all required permits for demolition must be secured within thirty (30) days from the date of the order and the demolition completed within such time as the Director shall determine is reasonable under all of the circumstances, including the purposes and intent for enactment of this chapter. If the owner fails to make a timely choice, fails to repair on schedule, or selects an option which cannot be completed in a reasonable time, as determined by the Director, for any reason, the City may itself institute abatement actions, including demolition if it determines repair is not economically feasible, and may thereafter seek to recover all costs thereby incurred from the owner which may become a lien against the subject property as a special assessment collectable in the same manner as City taxes.

c. Vacation. If the Director has determined that the building or portion thereof is in such condition as to make it immediately dangerous to the life, health, property or safety of its occupants, the public or adjacent property, the order shall require that the building or portion thereof shall be vacated within a time certain from the date of the order as determined by the Director to be reasonable under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent for enactment of this chapter.

d. Securing Against Entry. If the building is to be vacated, the Director shall require also that the building or portion thereof be boarded and fenced against entry as provided in EGMC Chapter 16.23. The specifications for the boarding of vacant properties, dated August 1987, issued by the United States Department of Housing and Urban Development, or such other similar plans and specifications for boarding vacant properties as may be promulgated by State or Federal agencies and are designed to adequately protect against entry without creating any unreasonable risk to the life, health, property, safety, or welfare of the public shall be followed.

e. Eliminate Risk of Hazardous Material. If, following an inspection of a building or any portion thereof, the Director determines, in writing, that there is reasonable cause to believe that, because of the presence of friable asbestos or other hazardous material, there is a serious risk to the life, health, property, safety, or welfare of its occupants, the public, or the adjacent neighborhood, then the Director may order the owner of the building or the portion thereof to take all steps necessary to eliminate the risk within a time certain from the date of the order as determined by the Director to be reasonable under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent for enactment of this chapter. To confirm the elimination of the risk, the owner of the building or portion thereof shall, at his or her expense and within the same time certain as established in the order, obtain the services of a qualified health professional acceptable to the Director to perform a comprehensive site assessment and prepare a written report to the Director detailing the absence of the risk.

4. Time Requirement to Commence Required Work. Statements advising that if any required repair or demolition work is not commenced within the time specified, the Director may, if warranted, order the building vacated and posted to prevent further occupancy until the work is completed, and may proceed to cause the work to be done and charge the costs thereof against the property or to its owner, or both.

5. Possible Sanctions for Noncompliance. Statements advising that if all required actions are not completed in accordance with the order and in compliance with the housing code, any or all of the following remedies may be employed:

a. Assessment of reinspection fees as described in Article XI of this chapter;

b. Enjoin owner from collecting rents, encumbering or transferring the property;

c. Assessment of all costs of enforcement and abatement as a lien against the property, including costs for: inspections, repair, boarding and fencing, vacation, demolition, appointment of a receiver and all costs and fees of the receiver including the receiver’s power to encumber the property, relocating the occupants for up to one hundred twenty (120) days, and reasonable attorneys’ fees and costs;

d. Civil contempt orders ranging in civil penalties up to Two Thousand Five Hundred and no/100ths ($2,500.00) Dollars per violation in certain instances, and up to Six Thousand and no/100ths ($6,000.00) Dollars per violation in other instances;

e. Criminal misdemeanor and/or infraction convictions ranging in criminal fines up to One Thousand and no/100ths ($1,000.00) Dollars and six (6) months in jail per violation in certain instances, and up to Five Thousand and no/100ths ($5,000.00) Dollars and twelve (12) months in jail per violation in other instances;

f. Inability to deduct from State taxes expenses for interest, taxes, depreciation or amortization associated with the building; and

g. Certain other injunctive and legal relief as may be warranted under the particular circumstances presented.

6. Repealed by Ord. 28-2011.

7. Repealed by Ord. 28-2011.

8. Repealed by Ord. 28-2011.

9. Repealed by Ord. 28-2011.

10. Repealed by Ord. 28-2011.

11. Lien for All Costs of Abatement. A statement that upon completion of all repairs or demolition the Director may present all costs of enforcement, including costs of repair or demolition ordered under this chapter, to the City Council for review and confirmation and possible assessment as a lien against the subject property as provided under EGMC Section 16.20.750 concerning recovery of costs of repair or demotion.

12. Possible Sanctions for Noncompliance. A statement advising that if all required actions are not completed in accordance with the order and in compliance with the housing code, any or all of the following remedies may be employed:

a. Assessment of reinspection fees as described in Article XI of this chapter;

b. Enjoin owner from collecting rents, encumbering or transferring the property;

f. Inability to deduct from State taxes, expenses for interest, taxes, depreciation or amortization associated with the building; and

g. Such other injunctive and legal relief as may be warranted under the particular circumstances presented. [Ord. 28-2011 §1, eff. 11-25-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.405 Service of notice and order.

A. Parties Entitled to Service. The notice and order, and any amended or supplemental notice and order, shall be served upon the owner, the occupant(s) and every party in interest as well as posted on the property, and one (1) copy thereof shall be served on each of the following if known to the Director or disclosed from the public record:

1. The holder of any mortgage or deed of trust or other lien or encumbrance of record;

2. The owner or holder of any lease of record; and

3. The holder of any other estate or legal interest of record in or to the building or portion thereof or the land on which it is located.

B. Effect of Failure to Serve Notice. The failure of the Director to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served, or relieve any such person from any duty or obligation imposed on him or her by the provisions of this section or by law.

C. Method of Service.

1. Address Known. Service of the notice and order shall be made on all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his address as it appears on the last equalized assessment roll of the City or as known to the Director. Service shall be effective for all purposes upon receipt if personally served, or within five (5) days of mailing as herein provided.

2. Address Unknown. If no address of any such person so appears or is known to the Director, then a copy of the notice and order shall be mailed, addressed to such person, to the address of the building or portion thereof involved in the proceedings. The failure of any such person to receive such notice and order shall not affect the validity of any proceedings taken under this section or by law.

D. Proof of Service. Proof of service of the notice and order shall be certified at the time of service by a written declaration under penalty of perjury executed by the person(s) effecting service, declaring the time, date, and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.410 Notice of pending enforcement action.

A. Notice of Pending Enforcement Action. If compliance with an order is not had within the time specified therein or any extension authorized by the Director, and no appeal has been properly and timely filed, the Director shall file in the office of the Sacramento County Clerk-Recorder a notice describing the property and certifying that: 1) the dwelling or portion thereof is a nuisance as defined in this chapter; and 2) the owner has been so notified.

B. Certificate of Abatement. Whenever the repairs ordered shall thereafter have been completed or the dwelling demolished so that it no longer exists as a nuisance on the property described in the certificate, the Director shall file a new certificate with the Sacramento County Clerk-Recorder certifying that the dwelling or portion thereof has been repaired, or demolished, and that the dwelling or portion thereof is no longer a nuisance, whichever is appropriate under the circumstances. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.420 Repair or demolition.

A. Owner’s Choice. Upon issuance of a notice and order, the owner shall have the choice of repairing or demolishing the dwelling or portion thereof at issue. However, if the owner chooses to repair the dwelling, the Director shall require that the dwelling be brought into compliance according to a reasonable and feasible schedule for expeditious repair.

B. City’s Authority to Act. Where the Director determines in light of the purpose and intent of this chapter that the violations of this chapter are extensive and of such a nature that the health and safety of the occupants or the public is substantially endangered, the City itself may cause the vacation of the dwelling, repair, demolish or institute any other appropriate action or proceeding if any of the following occur:

1. The repair work is not done as scheduled.

2. The owner does not make a timely choice of repair or demolition.

3. The owner selects an option which cannot be completed within a reasonable period of time, as determined by the Director, for any reason, including, but not limited to, an outstanding judicial or administrative order.

C. Preferences. In deciding whether to require vacation of the dwelling or to repair as necessary, the Director shall give preference to the repair of the dwelling whenever it is economically feasible to do so, without having to repair more than seventy-five (75%) percent of the dwelling, as determined by the Director, and shall give full consideration to the needs for housing in the City’s housing element.

If the Director has determined that it is not economically feasible to repair the building or portion thereof, and that the dwelling must be demolished, then the Director shall require the dwelling to be vacated within such time (not to exceed thirty (30) days from the date of the order) as the Director shall determine is reasonable under all of the circumstances including the purposes and intent for enactment of this chapter; all required permits for demolition be secured within thirty (30) days from the date of the order; and that the demolition be completed within such time as the Director shall determine is reasonable under all of the circumstances including the purposes and intent for enactment of this chapter. The economical feasibility to repair shall be determined as follows:

1. On the basis of a written appraisal of the dwelling performed by a qualified appraiser establishing its fair market value in its condition at the time of the notice and order issued under this chapter and its fair market value if repaired so as to meet the standards set forth in this chapter; and

2. On the basis of a written estimate prepared by a licensed general contractor detailing the repairs required to be made and the cost of the repairs.

Notice of the Director’s determination to demolish the dwelling or portions thereof shall be given to the owner and all parties in interest upon the Director’s determination that it is not economically feasible to repair the dwelling along with the notice of right to appeal such determination as provided under Article V of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.430 Administrative hearings – Generally.

A. At the time set for hearing, the Hearing Officer shall proceed to hear the testimony of the Director, the owner, any real party in interest, and other competent persons respecting the condition of the premises and other relevant facts concerning the matter. The Hearing Officer shall follow the rules of procedure for conducting hearings established by this code and shall render all decisions and findings in writing which shall then be served on all parties as herein provided.

B. Continuances. The Hearing Officer may, upon the request of the owner, any party in interest or the City, grant continuances from time to time for good cause shown, or upon his or her motion. A granted continuance shall in no way diminish the responsibility of the owner and/or parties in interest for maintaining the premises, nor affect other requirements of this code regarding time for challenging any decision made or actions taken. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.435 Record of oral evidence at hearing.

The proceedings at the hearing may be reported by a tape recorder. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party’s own expense. It shall be the responsibility of the Hearing Officer to certify the record of the hearing. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.440 Continuances.

The Hearing Officer may, upon request of the owner, a party in interest, or the Director, grant continuances from time to time for good cause shown, or upon his or her own motion. Any continuance granted shall in no way diminish the responsibility of the owner and/or parties in interest for maintaining the premises, nor affect other requirements of this code regarding time for challenging any decisions made or actions taken. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.445 Oaths – Certification.

The Hearing Officer or certified shorthand reporter shall administer the oath or affirmation. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.450 Evidence rules.

Section 11513, subsections (a), (b) and (c) of the Government Code of the State of California as presently written or hereinafter amended shall apply to hearings conducted under this code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.455 Rights of parties.

Each party may represent themselves, or be represented by anyone of their choice. Each party may appear at the hearing and offer evidence in this matter and cross examine witnesses. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.460 Official notice.

In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this State. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.465 Inspection of premises.

The Hearing Officer may inspect the premises involved in the hearing prior to, during or after the hearing; provided, that:

A. Notice of such inspection shall be given to the parties before the inspection is made;

B. The parties are given an opportunity to be present during the inspection; and

C. The Hearing Officer shall state for the record during the hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.

D. Each party then shall have a right to rebut or explain the matters so stated by the Hearing Officer either for the record during the hearing or by filing a written statement after the hearing for inclusion in the hearing record. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.470 Form and contents of decision – Finality of decision.

A. Form. The decision of the Hearing Officer shall be in writing, shall contain findings of fact and a determination of the issues presented, and shall be issued no later than thirty (30) days from the date of the hearing, unless the time is waived by the parties.

B. Possible Orders. If it is shown by a preponderance of the evidence that the condition of the premises constitutes a public nuisance the decision shall require the owner to commence abatement of the nuisance not later than fifteen (15) days after the issuance of the decision, and that the abatement be completed within such time as specified by the Hearing Officer, or in the alternative, within the time designated by the Director. If the building, structure or premises is lawfully occupied, and abatement of the nuisance may not be safely accomplished under the circumstances as a result of such occupancy, the occupants may be ordered to vacate the premises under terms reasonable under the circumstances presented. The Hearing Officer may order such remedies as are reasonable under the circumstances for the protection of the public or affected property, and as are otherwise authorized by law or in equity, including the following: The owner shall be responsible for satisfying all relocation benefits, as may be required by law. The premises may be ordered fenced and boarded against entry. Regular patrol of the premises to ensure the integrity of such boarding and fencing measures may be ordered. (It is not the intent of this code to allow boarding and fencing of premises to substitute for abatement of the public nuisance; such actions are to be merely interim measures, lasting only so long as is necessary to protect the public and property until full abatement may be accomplished.) The Hearing Officer may order other measures which are reasonable and necessary for the protection of the public or property under the circumstances. The Hearing Officer’s decision shall inform the owner that if the nuisance is not abated within the time and in the manner specified, the nuisance may be abated by the City, without further notice or consent of the owner or any party in interest, in such manner as may be ordered by the Hearing Officer, and the expense thereof, including all costs of enforcement, and relocation benefits required to be paid by the City as a result of the owner’s failure to do so, may be made a lien on the subject property.

C. Time for Challenging Decision. The decision shall also inform the parties that the time within which one must file a challenge to the decision is governed by EGMC Chapter 1.06, as the same may be amended from time to time.

D. Decision Final. The decision of the Hearing Officer shall be final when signed and issued by the Hearing Officer and served as herein provided. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.475 Service of the Hearing Officer’s decision.

Upon issuance of the Hearing Officer’s decision, the Director shall serve a copy on the owner and all parties in interest in the same manner as set forth in EGMC Section 16.20.405(A) and shall post a copy thereof conspicuously on the premises involved. Proof of service and posting of the Hearing Officer’s decision shall be effected in the same manner as set forth in EGMC Section 16.20.405(D). [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.480 Challenge to decision of Hearing Officer.

Any challenge to the decision of the Hearing Officer and preparation of a record of the administrative proceeding shall be governed by the provisions of EGMC Chapter 1.06, as presently written or hereinafter amended. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.485 Notice to vacate.

If the Director has determined that the dwelling or portion thereof is in such a condition as to make it immediately dangerous to the life, health, property or safety of its occupants, the public or adjacent property, the Director shall order that the dwelling, or portion thereof, shall be vacated within a time certain from the date of the order as determined reasonable by the Director under all of the circumstances, including the safety of the occupants and the public, as well as the purposes and intent of this chapter. Conditions that would cause a determination that the dwelling is immediately dangerous include, but are not limited to, violations of EGMC Section 16.20.200 and/or 16.20.350. The Director shall give notice of this order as provided in EGMC Section 16.20.400(B) concerning method of service and shall post such order as herein described.

The Director shall not require the vacating of a dwelling unless the Director concurrently requires expeditious demolition or repair to comply with the housing code. Expeditious repair or demolition may be required when conditions exist that violate EGMC Section 16.20.200 and/or 16.20.350.

A. Posting. Every notice to vacate shall, in addition to being served as provided in EGMC Section 16.20.400(B), be posted at or upon each exit of the dwelling and shall be in substantially the following form:

UNSAFE TO OCCUPY

This building located at __________________________________________ has been found to be in violation of the California Health and Safety Code, section 17920.3 and Elk Grove Municipal Code Section 16.20.200(E), and is hereby declared to be SUBSTANDARD and UNINHABITABLE. It is unlawful to occupy or allow occupancy of this building without inspection by the City of Elk Grove Code Enforcement Division.

REASON FOR POSTING: ______________________________

It is a misdemeanor to occupy this building (EGMC 16.20.200(E) 16.20.100(O)) or to remove or deface this notice per Elk Grove Municipal Code Section 16.20.485(C) and Penal Code section 616. For more information, contact the officer listed below.


________________________		916 687-3023		___________
Officer		Telephone		Date

B. Securing. Whenever the Director determines that a substandard dwelling constitutes an immediate threat to the public health or safety, the Director may secure the structure in accordance with the provisions in EGMC Chapter 16.23.

C. Compliance. Whenever such notice is posted, or a structure boarded pursuant to EGMC Chapter 16.23, the Director shall include a notification thereof in the notice and order issued by him or her under EGMC Section 16.20.400(B) reciting the existence of an immediate danger requiring the need to keep the premises unoccupied and specifying the conditions which cause the immediate danger. No person shall remain in or enter any dwelling which has been so posted, except that the entry may be made to repair, demolish or remove such dwelling under a proper permit issued by the Director. No person shall remove or deface any such notice after it is posted until the required repairs or demolition have been completed and approved by the Director as meeting the housing code and the other applicable standards of this chapter. No person shall remove or deface any boards without the prior written permission of the Director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18. [Ord. 4-2012 §3, eff. 4-27-2012; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.490 Notice to occupants.

Notwithstanding any provision herein to the contrary, occupants of a dwelling which is the subject of a notice and order issued under this chapter shall be provided notice of any violation described therein, including any decision by the Director or the City to vacate, repair or demolish, and the issuance of a building permit or demolition permit following issuance of such notice and order by the Director.

The notice described hereinabove may be provided either by first class mail to each affected dwelling unit, or by posting a copy of the document in a prominent place on the affected dwelling at the discretion of the Director. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.495 Nonexclusive remedies.

The remedies provided in this chapter are cumulative and shall be in addition to any other remedies provided by law. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article V. Appeal

16.20.500 General.

Notwithstanding any other provision of this chapter, any person served with a notice and order issued pursuant to EGMC Section 16.20.400 may appeal the notice and order pursuant to EGMC Chapter 1.11. [Ord. 28-2013 §14, eff. 2-7-2014; Ord. 28-2011 §3, eff. 11-25-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.560 Appeal hearings.

Repealed by Ord. 28-2011. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.570 Effect of failure to appeal.

Repealed by Ord. 28-2011. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.580 Costs on appeal.

Repealed by Ord. 28-2011. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article VI. Enforcement of the Order of the City Council or the Director

16.20.600 Compliance.

A. General. After any order of the City Council or the Director made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey such order. Any such person who fails to comply with any such order may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

B. Failure to Obey. If, after any order of the City Council or the Director made pursuant to this chapter has become final, the person(s) to whom such order is directed shall fail, neglect or refuse to obey such order, the Director may cause such person(s) to be prosecuted under this code, or the Director may institute any appropriate action or proceeding to prevent, restrain, correct or abate the violation or nuisance.

C. Failure to Commence Work. Whenever the required repair or demolition is not commenced within thirty (30) days after any notice and order issued under this chapter becomes final:

1. If the Director has determined that the dwelling or portion thereof is in such a condition as to make it immediately dangerous to the life, health, property or safety of its occupants, the public or adjacent property, the Director may cause the dwelling or portion thereof described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

UNSAFE BUILDING

DO NOT ENTER OR OCCUPY

You will be subject to criminal prosecution if you occupy this building, remove boards, and/or to remove or deface this notice.

Director

Development Services Department, City of Elk Grove

2. In addition to posting the notice described in subsection (C)(1) of this section, the Director may board up the structure in accordance with the provisions in EGMC Chapter 16.23.

3. No person shall occupy any dwelling, or portion thereof, which has been posted and/or boarded as specified in this section. No person shall occupy such dwelling or remove or deface any such notice so posted until the repair or demolition has been completed and approved by the Director as meeting the housing code and the standards of this chapter. No person shall remove any boards placed by the Director without the prior written permission of the Director. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

D. Interference with Repair or Demolition Work Prohibited. No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized City representative or with any person who owns or holds any estate or interest in any dwelling which has been ordered repaired, vacated or demolished under the provisions of this chapter; or with any person to whom such building has been lawfully sold pursuant to the provisions of this chapter, whenever such officer, employee, contractor or City authorized representative, person having an estate or interest in such dwelling, or purchaser is engaged in the work of repairing, vacating, or demolishing any such dwelling or portion thereof pursuant to the provisions of this chapter or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this chapter. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in EGMC Chapter 16.18.

E. Extension of Time to Perform Work. Upon receipt of an application from the person required to conform to the order and an agreement by such person that he or she will comply with the order if allowed additional time, the Director may, in his or her discretion, grant an extension of time, not to exceed an additional sixty (60) days, within which to complete said repair or demolition; provided, that the Director determines, in writing, that such an extension of time will not create or perpetuate a situation immediately dangerous to the life, limb, health, property, safety, or welfare of the occupants, the public or the adjacent property. The Director’s authority to extend time is limited to the physical repair, rehabilitation or demolition of the dwelling and will not in any way affect the time to appeal his or her notice and order, determination or action.

F. Notice of Completion – Inspection. Once the repair or demolition has been completed by the person required to conform to the order, that person shall advise the Director in writing of the completion of the repair or demolition, whichever is appropriate. The Director shall then reinspect the premises to determine compliance with the order. A fee for this reinspection may be charged to the person required to conform to the order by the Director. The amount of this reinspection fee shall be established by this chapter, and may be amended from time to time by resolution of the City Council. [Ord. 24-2015 §7 (Exh. E), eff. 2-12-2016; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article VII. Abatement of Nuisances

16.20.700 Other remedies.

A. Remedies Cumulative. All of the remedies in this chapter and as provided by law shall be cumulative.

B. Repair and Demolition. In addition to the penalties set forth in Article II of this chapter, the Director may cause the dwelling, or portion thereof, to be repaired or demolished to the extent necessary to correct the conditions as set forth in the notice and order in accordance with the procedures for enforcement set forth in this chapter. The Director may require any unrepaired property that is vacant and accessible to be secured by boarding and fencing, pursuant to EGMC Chapter 16.23. If, in the Director’s determination, based upon the enforcement procedures established in this chapter, the dwelling is to be demolished, the Director may cause the dwelling to be demolished or sold and then demolished and the materials, rubble and debris therefrom sold, removed and the lot cleaned. Any such repair, demolition or securing work shall be accomplished and the costs thereof paid and recovered in the manner hereafter provided in this article. The Director may cause the work to be accomplished by City personnel, or by private contract under the direction of the Director, or the Director may employ such architectural and engineering assistance on a contract basis as the Director may deem reasonably necessary. If the work is accomplished by private contract, the Director shall be entitled to recover as costs of enforcement and abatement a fee for contract administration as set and modified by the City Council from time to time. Any surplus realized from the sale of the dwelling or the materials, rubble and debris resulting from the demolition of the dwelling, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person(s) lawfully entitled thereto. Nothing herein shall obligate the City to arrange for or sell the dwelling, the material or rubble, or any other property as a result of enforcing the provisions of this chapter, and if the City does so sell such property the proceeds realized therefrom shall be deemed reasonable under the circumstances.

C. Rent Escrow Account Program. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may establish a rent escrow account program as set forth in this chapter.

D. Recovery of Costs of Enforcement and Abatement. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may establish a program to recover all costs, including attorneys’ fees, of enforcement and abatement as set forth in this chapter.

E. Recovery of Civil Penalties. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek such civil penalties and other relief as may be awarded under the provisions of the unfair competition laws commencing at Section 17200 of the Business and Professions Code.

F. Franchise Tax Board Deduction Denial. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek a court order that the owner not claim any deduction with respect to State taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with the provisions of Section 17980.7(b) of the Health and Safety Code and Sections 17274 and 24436.5 of the Revenue and Taxation Code.

G. Appointment of Receiver. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek a court order appointing a receiver to do those tasks and have the powers set forth in Section 17980.7(c) of the Health and Safety Code.

H. Payment of Relocation Costs. In addition to those remedies provided in this chapter, and any other remedies provided by law, the City may seek a court order requiring the owner to pay reasonable relocation benefits to each lawful tenant as set forth in Section 17980.7(d) of the Health and Safety Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.710 Repair and demolition fund.

A. General. The City’s cost of any board-up, fencing, repair or demolition shall be paid from a separate repair and demolition fund which is hereby established as a separate revolving fund under the control of the Director. Payments shall be made from the repair and demolition fund upon the demand of the Director solely to defray the costs which may be incurred in doing or causing to be done the necessary work of board-up, fencing, repair or demolition pursuant to this chapter for enforcing and abating violations and nuisances.

B. Maintenance of Fund. The City Council may at any time transfer to the repair and demolition fund, out of any money in the housing code enforcement fund also created by this chapter, such sums as it, in its sole discretion, may deem appropriate in order to implement the performance of the work of repair or demolition. All funds collected under this chapter shall be paid to the Finance Director who shall deposit same to the housing code enforcement fund.

C. Recovery of Costs from Owner(s). Pursuant to the procedures set forth in this chapter, the costs of all enforcement and abatement, including costs of repair or demolition undertaken pursuant to this chapter may be made a special assessment against the property involved, or may be made a personal obligation of the property owner(s), or both, as the City Council shall determine is appropriate under procedures herein established. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.750 Recovery of costs of enforcement.

A. Account of Expense, Filing of Report. When proceedings under this chapter result in the correction of a violation of this code or in a final judgment that a violation exists subsequent to the date specified in any notice issued pursuant to the provisions of this code, costs of such proceedings incurred by the City may be assessed against the property. Such costs may include, but not by way of limitation, those incurred in inspecting property, publication, mailing and posting of notices, conducting hearings, processing appeals and pursuing any judicial action and attorneys’ fees. It is the purpose of this section to allow the assessment against property of costs of proceedings if a violation is corrected in any manner.

Pursuant to Section 38773.1 of the Government Code and Section 17980.8 of the Health and Safety Code, the Director shall keep an account of the administrative and other costs of abatement, and shall submit to the City Council for confirmation an itemized written report showing such costs and their proposed assessment to the respective properties. The report shall be filed with the City Clerk not later than fifteen (15) days in advance of the confirmation hearing required below.

B. Notice of Hearing. Upon receipt of the report, the City Clerk shall schedule a public hearing to receive protests and confirm the report. A statement of the proposed assessment and notice of the time, date and place of the hearing, together with reference to the report on file with the City Clerk, shall be mailed to the owner or owners of each parcel of property proposed to be assessed shown on the last equalized assessment roll available on the date of mailing of the notice or any other address or addresses ascertained to be more accurate. The notice shall be posted on the property. Notice shall also be served on anyone known to be in possession of the property by certified mail, postage prepaid. Such notice shall be mailed not later than fifteen (15) days in advance of the hearing. Notice of the time, date and place of the public hearing by the City Council shall be published once (1) in a newspaper of general circulation published within the City. With respect to each property proposed to be assessed for which the name of the owner or owners is not shown on the last equalized assessment roll or no address for an owner is shown on the last equalized assessment roll, the notice shall show the name or names of the owner or owners, if such name or names are shown on the last equalized assessment roll, the assessor’s parcel number, the street address of the property, if the property has an address and the address is known to the Director, the name of the street or road upon which such property abuts, if the property abuts upon a street or road, the amount of the proposed assessment and reference to the report on file with the City Clerk. Such publication shall be made not later than fifteen (15) days in advance of the hearing.

C. Hearing on Report. At the time fixed for receiving and considering the report, the City Council shall conduct a public hearing and shall receive and consider any objections from members of the general public or property owners liable to be assessed for the abatement. Written protests or objections shall specify the date, hour and description of the subject property under hearing. The City Council may continue the hearing and delegate to the City Manager or his designee the responsibility of hearing individual protests and submitting a recommendation with respect thereto; provided, that the City Council provides an opportunity for individual consideration of each project upon receipt of the recommendation by the City Manager or his designee. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution.

1. Personal Obligation. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders the charge to be a personal obligation of each owner of the property involved, then it shall direct the City of Elk Grove Finance Department to collect the amount of the charge on behalf of the City of Elk Grove by use of all appropriate legal remedies.

2. Special Assessment. If, after the hearing at which each owner shall have the opportunity to address the issue, the City Council orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien on the property. [Ord. 7-2011 §1, eff. 3-25-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.755 Costs – Assessments.

A. If the costs as confirmed are not paid within thirty (30) days of the date of mailing of the notice or date of publication pursuant to EGMC Section 16.20.750, and the City Council has ordered that such costs be assessed against the property, the costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code, and shall be transmitted to the Finance Director for collection and shall be subject to the same penalties and the same procedures and sale in case of delinquency as provided for ad valorem taxes.

B. If, subsequent to the mailing of the notice of violation and prior to transmittal of the notice of unpaid costs to the Finance Director for collection as set forth in subsection (A) of this section, the property subject to the notice of violation is sold, or title otherwise transferred to a bona fide purchaser, said costs shall be the responsibility of the owner of record as of the date said notice of violation was placed in the United States postal system or posted on the property.

C. In addition to assessing the unpaid costs as provided in subsection (A) of this section, the Finance Director or his designated representative may pursue any remedy provided by law for collection of the unpaid costs. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.760 Treble costs.

Pursuant to Section 25845.5 of the Government Code, upon entry of a second (2nd) or subsequent civil or criminal judgment within a two (2) year period finding that an owner is responsible for a condition that may be abated pursuant to Section 25845 of the Government Code, except conditions abated pursuant to Section 17980 of the Health and Safety Code, a court may order the owner to pay treble the costs of abatement. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article VIII. Housing Code Enforcement Fund

16.20.800 Establishment and definition.

There is hereby created in the City Treasury a City of Elk Grove housing code enforcement fund. The housing code enforcement fund shall be an interest-bearing special revenue fund. The housing code enforcement fund shall receive all monies collected pursuant to this chapter to the extent permitted by State law. The housing code enforcement fund may receive monies from other sources. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.805 Purposes of limitations.

Monies deposited in the housing code enforcement fund shall be used to enforce the housing code and provisions of this chapter. Monies placed in this housing code enforcement fund shall be held until disbursed as provided in this article and shall be used to pay the reasonable and necessary expenses of operating the program enforcing the housing code and the provisions of this chapter, and for no other purpose. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.810 Administration.

This housing code enforcement fund shall be administered by the City Manager who shall have the authority to manage the housing code enforcement fund consistent with this chapter and to prescribe procedures to carry out its purposes, subject to approval by City Council resolution. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.815 Use and disbursement of monies in the fund.

Monies in the housing code enforcement fund shall be used exclusively for the reasonable and necessary expenses of operating the program and enforcing the housing code and the provisions of this chapter consistent with the City budget adopted by the City Council. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.820 Annual evaluation.

A. Commencing one (1) year after the effective date of the ordinance codified in this chapter, and annually thereafter, the City Manager shall report to the City Council on the status of the program.

B. The report shall include:

1. A statement of income to the housing code enforcement fund from all sources and a statement of all expenses and disbursements, and other uses of the housing code enforcement fund;

2. A statement of the number of complaints received and a statement of the number of dwelling units against which enforcement action was initiated during that year;

3. An evaluation of the efficiency and effectiveness of this chapter in enforcing the housing code; and

4. Recommendations for any changes to this chapter necessary to carry out its purposes, including any transfer of funds to the repair and demolition fund and adjustments necessary to the housing stock conservation fee. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article IX. (Reserved)

Article X. Rent Escrow Account Program

16.20.1000 Title.

This article shall be known as the rent escrow account program of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1001 General.

A. Purpose. It is the purpose of the provisions of this article to provide a just, equitable and practical method, to be cumulative to and in addition to any other remedy available at law, or pursuant to this chapter to encourage compliance by landlords with respect to the maintenance and repair of dwellings, or portions thereof.

B. Scope. The provisions of this article shall apply to all dwelling units in all existing dwellings which consist of or contain one (1) or more rental dwelling units.

C. Role of the Director. The Director shall be responsible for carrying out the provisions of this article.

D. Other Provisions of the Elk Grove Municipal Code Unaffected Hereby. The provisions of this article shall not be deemed to repeal by implication any other provision of this chapter or this code, and the adoption hereof shall not be deemed to affect or diminish the power or authority of an officer or employee of the City to condemn, demolish, or repair any building or structure erected or maintained in violation of any provision of said code. The application of the provisions of this article shall not be construed as constituting ownership, operation, or management by the City of any building.

E. Cumulative Nature of Remedies and Penalties. Unless otherwise expressly provided, the remedies and penalties provided by this article are cumulative to each other and to any other remedies or penalties available under law. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1003 Pre-review procedures.

A. Referral to Hearing Officer. The Director may determine whether any building contains any untenantable dwelling unit within ten (10) days after the expiration of the period allowed for compliance with an order or citation issued by the Director where there has not been such compliance, or within ninety (90) days after the date such order or citation was issued, whichever first occurs.

The determination by the Director shall be in writing and shall contain the street address of the property, a description of the uncorrected deficiencies, the names and addresses of the landlord, any interested parties, any tenants as shown on the records of the Director, the apartment number or address of each untenantable dwelling unit, and any other information as required by such regulations as the City Council may promulgate. The Director shall specify that noncompliance with the citation or order appears to render the building or a portion thereof untenantable. In any appeal, a determination by the Director shall not be invalidated solely because required information is not included, or is inaccurate or incomplete.

B. Notice of Eligibility. Within ten (10) business days after making such determination, the Director shall give to the landlord, tenants, any interested parties and any other person who has requested such notification in writing, a notice of eligibility to place the building into REAP.

The notice of eligibility shall provide written notification to the landlord of the eligibility of the dwelling for placement into REAP and shall list the street address of the property, a description of the uncorrected deficiencies, and the apartment number or address of each untenantable dwelling unit. The notice of eligibility shall specify a date and time, not less than fourteen (14) and not more than thirty (30) days from the date of the notice, at which the landlord may appear for a formal conference before the Director. The notice of eligibility shall also state that if the building is placed into REAP, the City shall establish an escrow account for the deposit of monthly rent payments, with a nonrefundable administrative fee of Fifty and no/100ths ($50.00) Dollars per individual rent payment.

C. Manner of Giving Notice. The notice described in this section shall be given in writing and may be given either by personal delivery thereof to the landlord or by deposit in the United States Mail in a sealed envelope, first class postage prepaid, addressed to the landlord at the address known to the Director, or as shown on the last equalized assessment roll if not known. Service by mail shall be deemed to have been completed at the time of deposit in the United States Mail. The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken thereunder. Proof of giving any such notice may be made by a declaration signed under penalty of perjury by any employee of the City which shows service in conformity with this section.

D. Formal Conference. At the formal conference the landlord may demonstrate that the deficiencies have been corrected, that the landlord has obtained the necessary permits and has substantially commenced the work necessary to abate the deficiencies, or that the dwelling does not come within the scope of this article. Prior to the date specified in the notice of eligibility, the landlord, in lieu of or in addition to the personal appearance provided for in this subsection, may submit to the Director written information upon a form and with the number of copies prescribed by the Director. Such submissions shall be accompanied by a declaration stating that the information is true and correct. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1004 REAP acceptance procedure.

A. Final Determination. Within ten (10) days after the formal conference or the date set for the formal conference when no formal conference is held, the Director shall issue and serve upon all parties entitled to notice a final determination as hereinafter described.

B. Final Determination Process. The Director shall review each dwelling with respect to its suitability for inclusion in REAP. At the completion of the review process, the Director shall select one (1) of the following three (3) options:

1. Acceptance. If the Director determines that a dwelling meets each of the findings set forth in subsection (C) of this section, then the Director shall determine to accept the dwelling into REAP.

2. Rejection. If the Director determines that a dwelling does not meet all of the findings set forth in subsection (C) of this section, then the Director may determine to reject a dwelling for inclusion into REAP. The final determination shall state the reasons for the rejection and shall state that such rejection does not relieve the landlord of criminal or civil liability under any other provisions of the law, and, where appropriate, that the dwelling may be placed into REAP at a future date.

3. Suspension of Consideration. If the Director determines that a dwelling does not meet all of the findings set forth in subsection (C) of this section because work has commenced or has been completed to correct the deficiencies, and the Director has not yet issued proof of compliance, then the Director may determine to suspend consideration of the dwelling. However, the Director shall specify a date, not later than the time reasonably necessary for the landlord or interested party to complete the work and obtain the proof of compliance, at which time the Director shall reconsider the eligibility of the building for REAP.

Upon such determination of suspension, the Director shall notify the landlord, any interested parties, any tenants known to the Director, any other persons who requested notice in writing, and any other occupants of the dwelling that the building is not included in REAP at that time. The final determination shall state the reasons for the suspension and shall state that such suspension does not relieve the landlord of criminal or civil liability under any other provisions of the law. The notice shall also specify the date that the Director will reconsider the eligibility of the building for REAP unless the Director is provided with proof of compliance prior to such date.

C. Findings. In determining whether a dwelling should be included in REAP, the Director shall find that each of the following factors exists:

1. The dwelling contains one (1) or more untenantable dwelling units as the result of the deficiencies noted in the citation or order; and

2. The landlord has refused or has consistently failed to correct the deficiencies.

D. Notice of Preliminary Acceptance. Within ten (10) business days of the acceptance by the Director of a building into REAP, the Director shall mail notification of the preliminary acceptance to all parties in interest, to SMUD, to PG&E, and to the occupants of each untenantable rental dwelling unit, and any other person who has requested such notice in writing.

The notice of preliminary acceptance shall state that the dwelling, subject to the final approval of a Hearing Officer, has been accepted into REAP and shall state the following:

1. The street address of the dwelling;

2. A description of the uncorrected deficiencies;

3. Which dwelling units in the building are eligible for payment into the REAP escrow account;

4. The proposed date upon or after which an escrow account shall be established into which tenants of untenantable rental dwelling units may deposit their rent in lieu of payment to the landlord;

5. That a nonrefundable administrative fee of Fifty and no/100ths ($50.00) Dollars per participating dwelling unit per monthly rent payment shall be collected by the City from the escrow account;

6. The date, if no appeal is filed, on which the Hearing Officer will consider whether to approve the acceptance of the building into REAP;

7. The right of the landlord or other interested party to appeal the determination of the Director pursuant to the provisions of Article V of this chapter.

E. Hearing Officer Approval of Acceptance.

1. A Hearing Officer, by order, may accept a dwelling into REAP, adopting the determination of the Director where no appeal is filed, and finding that each of the factors set forth in subsection (C) of this section exists. The action of the Hearing Officer accepting a dwelling into REAP shall be final, except as provided in subsection (E)(2) of this section.

2. The Hearing Officer may, at any time, upon the application of the Director, rescind the order of acceptance if the Hearing Officer finds that the order is no longer necessary.

F. Notice of Acceptance. Within ten (10) business days of the acceptance by the Hearing Officer of a dwelling into REAP, the Director shall mail notification of the acceptance to the parties in interest.

The notice of acceptance shall state that the dwelling has been accepted into REAP and shall state the following:

1. The street address of the property;

2. A description of the uncorrected deficiencies;

3. Which rental dwelling units in the dwelling are eligible for payment into the REAP escrow account;

4. The date upon or after which an escrow account shall be established into which tenants of untenantable rental dwelling units may deposit their rent in lieu of payment of the landlord; and

5. That a nonrefundable administrative fee of Fifty and no/100ths ($50.00) Dollars per participating rental dwelling unit per monthly rent payment shall be collected by the City from the escrow account.

G. Service of Notices. The notice of preliminary acceptance and the notice of acceptance shall be sent to each landlord and interested party both by certified mail, postage prepaid, return receipt requested, and by first class mail, postage prepaid, at the address or addresses of such person as it appears on the last equalized assessment roll of the City or as known to the Director. Service on other persons entitled to a notice may be sent by first class mail, postage prepaid. In addition, a copy of the notice of preliminary acceptance or the notice of acceptance shall be posted in a conspicuous place upon the dwelling involved. The failure of any landlord or other person to receive such notice shall not affect in any manner the validity of any proceedings taken thereunder.

H. Declaration of Service. The Director, upon giving notices as provided in this section, shall make a declaration under penalty of perjury certifying to the date and manner in which such notice was given. Any receipt card which may have been returned to the Director in acknowledgment of the receipt of such notice by certified mail shall also be filed with the declaration.

I. Recording. At the time that the Director gives the notice described in subsection (D) of this section, the Director shall file and record with the Sacramento County Clerk-Recorder a certificate describing the real property and stating that the subject building has been placed in REAP and that the owner thereof has been so notified. After the building has been removed from REAP, the Director shall file and record with the Sacramento County Clerk-Recorder a certificate terminating the above-recorded status of the subject building. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1005 Application for release of funds.

A. At any time during a dwelling’s participation in REAP, a landlord, any interested party, a tenant, and any creditor, including any utility, contractor, or sub-contractor, whose debt arose from the purchase, repair, maintenance, or operation of the building may apply to the Director for a release of funds from the escrow account. The Director shall review such applications and, where the landlord concurs, may order the release of funds from the escrow account where it has been demonstrated to the satisfaction of the Director that such release is necessary to prevent a significant diminution of an essential service to the building, including utilities, or is necessary for the correction of the deficiencies noted. Where specifically ordered by a court, the Director shall order the release of funds from the escrow account irrespective of concurrence by the landlord.

B. The Director shall deny the application where he or she determines that the application for payment of the debt is intended, in whole or in part, to circumvent the provisions of this article. A debt incurred subsequent to notice to such creditor that the dwelling is under consideration for or had been selected for participation in REAP shall be presumed, subject to rebuttal, to be for the purpose of circumventing the provisions of this article.

C. At any time during a dwelling’s participation in REAP, a tenant may apply to the Director for a release of funds from the escrow account for purposes described herein. The Director shall review such applications and, where the landlord concurs, or fails to object within a reasonable time as determined by the Director, may order the release of funds from the escrow account. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1006 Duties of the Director.

The Director shall have the following duties:

A. Determination of Interested Parties. In addition to any interested parties known to the Director, the list of interested parties shall include all persons appearing to hold an interest of record with the Sacramento County Clerk-Recorder concerning the subject property, of whatever type.

B. Contact with Tenants. The Director may contact the tenants of any dwelling during or after review. Such contact may be in person or by mail or both. The Director may contract with other persons or organizations to carry out this activity. During such contact, the tenants shall be informed of the principal provisions of REAP, of the mechanism for voluntary payment into the escrow account by tenants of untenantable rental dwelling units where the dwelling is accepted into REAP, and of their legal rights with respect to eviction under the provisions of this article.

The specific responses of tenants and any information in a form which is identifiable to any individual tenant shall not be a public record and shall not be disclosed to the landlord, any interested party, or the general public.

C. REAP Trust Fund. The Finance Director shall establish in the City Treasury and the Director shall maintain an interest-bearing REAP trust fund under the control of the Director in accordance with the provisions of this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1007 Appeals.

A. Appeal. The appeal provisions set forth in Article V of this chapter shall apply to all appeals taken under the REAP program. Failure to appeal in accordance with the provisions therein set forth shall constitute a waiver of any right to an administrative hearing and determination of the matter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1008 Escrow account.

A. Within ten (10) business days after the order accepting a dwelling into REAP becomes final, the Director shall establish as part of the REAP trust fund an account for such dwelling into which tenants of untenantable rental dwelling units of such dwelling may deposit rent payments. The Director shall mail notification to all such tenants of the existence of the account, including an explanation of how payments may be deposited into the account. The Director shall provide a receipt to each tenant making a deposit. The Director shall provide, at least once (1) a month, a periodic report to the landlord and the tenants concerning the activity in such account. The records of such account shall be reasonably available to the landlord or any interested party, or their representatives, in accordance with such regulations, including the provision for payment of reasonable fees, as the City Council from time to time may promulgate.

B. The gross amount of payment made into the account by or on behalf of a tenant shall be deemed as a payment in the same amount to the landlord, including, but not limited to, for the purpose of determining whether a tenant has paid rent. In any action by a landlord to recover possession of a dwelling unit, the tenant may raise the fact of payments into REAP as an affirmative defense in the same manner as if such payments had been made to and accepted by the landlord.

C. A landlord may bring an action to recover possession of a dwelling unit that has been accepted into the REAP program only upon one (1) or more of the following grounds:

1. The tenant has failed to pay rent into REAP or to the landlord.

2. The tenant has violated a lawful obligation or covenant of the tenancy and failed to cure such violation after having received written notice thereof from the landlord.

3. The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the dwelling unit or to the appurtenances thereof, or to the common areas of the complex containing the dwelling unit or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or any adjacent building.

4. The tenant is using or permitting a dwelling unit to be used for any illegal purpose. The term “illegal purpose” as used in this subsection includes, but is not limited to, the conviction of a tenant for possession or sale of illegal drugs from the dwelling units.

5. The tenant has refused the landlord reasonable entry pursuant to Section 1954 of the Civil Code.

D. Prior to or at the same time as the written notice of termination described in Section 1946 of the Civil Code, or the three (3) days’ notice described in Sections 1161 and 1161a of the Code of Civil Procedure is served on the tenant of a dwelling unit, the landlord shall serve on the tenant a written notice setting forth the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason. This notice shall be given in the manner prescribed by Section 1162 of the Code of Civil Procedure.

E. If the landlord is seeking to recover possession of a dwelling unit in retaliation against the tenant for exercising his or her rights under this article, or because of his or her complaint to an appropriate agency as to the tenantability of a dwelling unit, then the landlord may not recover possession of a dwelling unit in any action or proceeding or cause the tenant to quit involuntarily.

F. In any action by a landlord to recover possession of a dwelling unit, the tenant may raise as an affirmative defense any of the provisions set forth in subsections (B) through (E) of this section. Violation of subsections (B) through (E) of this section shall not constitute a misdemeanor.

G. The Clerk shall deduct a nonrefundable administrative fee of Fifty and no/100ths ($50.00) Dollars for each individual rent payment made into the REAP account. Only one (1) such fee shall be deducted for each rental dwelling unit for each month. When collected, such fee shall be deposited into the housing code enforcement fund.

H. The funds paid into the REAP escrow account shall only be expended on the following items:

1. The nonrefundable administrative fee provided under subsection (G) of this section.

2. Funds returned to the landlord where the landlord has provided the Director with proof of compliance that the deficiencies have been corrected.

3. Funds paid in accordance with a court order.

4. Funds paid to the landlord, an interested party, tenant, creditor, utility, or other person or entity pursuant to an order of the Director.

5. Funds paid in accordance with and pursuant to such regulations as the City Council may promulgate. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1009 Removal from regulation.

A. Request for Removal. The landlord or any interested party may apply to the Director for an order removing a dwelling from REAP on the grounds that the deficiencies noted in the citation or order have been corrected and that continued placement in REAP is not necessary to ensure continued compliance by the landlord with respect to required maintenance of the dwelling. A request to terminate the payment of rents into a REAP escrow account may be made at any time. A request to remove a building from regulation pursuant to this article may only be made after the expiration of twelve (12) months from the date the deficiencies noted in the citation of order were corrected.

B. Director’s Decision. The Director shall review the request to remove a building from REAP, and take such other steps or actions as may to the Director seem appropriate under the circumstances to determine whether removal of the building from REAP is warranted. The Director shall issue an order granting or denying the request within thirty (30) days of its receipt. A copy of the Director’s order shall be served upon all interested parties by mail. The order of the Director shall be appealable under those provisions as set forth in Article V of this chapter. The landlord shall be bound by the determination of the Director as to the existence or correction of deficiencies.

C. Notice of Removal. Once the order to remove a dwelling from the REAP program has become final, notice thereof shall be given to all interested parties by the Clerk in the same manner as for service of notice of eligibility as set forth in this article.

D. Closing REAP Trust Account. Once the order removing a dwelling from REAP has become final, and after all claims against the REAP trust account have been settled, the remaining balance, including interest, if any, shall be disbursed to the party entitled to receive same and the REAP trust account shall be closed. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1010 Disallowance of rent increases.

The landlord shall not increase the rent for any rental dwelling unit included in REAP during such time as the dwelling unit or units remain in the REAP program, except that, for a dwelling unit which is voluntarily vacated by all of the tenants after all of the deficiencies noted in the citation or order have been corrected, the landlord may increase the rent to any amount upon re-rental of the dwelling unit. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article XI. Rental Housing Enforcement Fees*

* The following constitute the fees payable to the Director by the owner of a building covered by this chapter.

16.20.1100 Reinspection fee.

Following issuance of a notice and order for a violation of the provisions of this chapter, upon reinspection of a dwelling to determine whether corrective action has been satisfactorily completed, and upon a determination that corrective action has been successfully completed by the time of such reinspection, there shall be a reinspection fee levied against the owner(s) in the amount of Two Hundred Fifty-Three and no/100ths ($253.00) Dollars. There shall be no reinspection fee charged for an inspection caused by any complaint if no violation is discovered. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1105 Notice and order fee.

Where a violation continues to exist following the first (1st) reinspection as provided herein, there shall be a notice and order fee levied against the owner(s) in the amount of Five Hundred Ten and no/100ths ($510.00) Dollars. Reinspections occurring thereafter to determine whether corrective action has been satisfactorily completed shall be charged to the owner(s) in the amount of the reinspection fee described above for each subsequent inspection required to determine compliance with this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1110 Building permit fee.

Where issuance of a building permit is required under the building code in order to complete work required by a notice and order which has been issued under this chapter, such permit shall be obtained from the Director, and the fee therefor shall be paid to the Director in the same amount as would be applicable under the fee schedule for building permits then in use by the Public Works Department of the City. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1115 Building permit surcharge.

Where a building permit is required under the building code to complete work required by a notice and order issued under this chapter, there shall be imposed, in addition to the building permit fee, a building permit surcharge of Seventy-Eight and no/100ths ($78.00) Dollars. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1120 Hourly rate.

Where the Director finds that additional costs of enforcement are not otherwise recovered by the fees levied by this chapter in association with a dwelling found to constitute a violation, the additional costs of enforcement shall be levied at the hourly rate of Two Hundred Fifty-Three and no/100ths ($253.00) Dollars, rounded to the nearest hour for each City official involved. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1125 Contract administration fee.

For all private contracts entered by the Director for work authorized under this chapter, in addition to the contract price there shall also be authorized as an additional cost of enforcement charged to the owner(s) fifteen (15%) percent of the contract price as a contract administration fee. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1130 Small claims collection fee.

For any amounts due and unpaid, and which are referred to the Finance Department for collection under this chapter, a fee of One Hundred Fifty and no/100ths ($150.00) Dollars shall be levied to cover costs of small claims court filing and administration. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1135 Appeal fee.

Repealed by Ord. 28-2011. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1140 Late fee.

If a fee has not been received by the date upon which it is due under this chapter there shall be imposed a late fee of twenty-five (25%) percent per annum of the fee. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1145 Notice fee.

The owner may be charged for the City’s postage or mileage costs for sending or posting notices required to be given pursuant to this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

16.20.1150 Closing fee.

In every instance in which a notice and order is issued and served there shall be a fee of Two Hundred Fifty-Three and no/100ths ($253.00) Dollars charged to cover costs of administration and completion of the documentation associated with concluding the enforcement activity. This fee shall be levied at the conclusion of the case. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]

Article XII. Rental Housing Registration

16.20.1200 Rental housing registration fee requirement.

No rental property less than sixteen (16) rental dwelling units shall be occupied by a tenant unless there has been paid to the Department the rental housing registration fee for such rental dwelling unit. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1204 Payment of a rental housing registration fee as a condition to rental.

There is hereby established, levied, and imposed for each residential rental property within the City which is operated as a rental dwelling unit, as defined by this chapter, an annual rental housing registration fee. For each such rental property, the owner shall pay the rental housing registration fee to the Finance Department in an amount established pursuant to this chapter. Should an owner or registered property manager of a rental property complete a certified education program, as determined by the City Manager, their registration fee would be in perpetuity only ending when the contact information changes or the property changes ownership. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1207 Rental housing registration fee.

The rental housing registration fee is payable upon registering a rental property of less than sixteen (16) units. The registration will be good for three (3) years, unless the owner has completed the education requirements set out in EGMC Section 16.20.1220, or whenever the information contained in the registry becomes invalid. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1211 Billing procedure.

A. The rental housing registration fee shall be paid for the registration of the property by the owner of record. All charges for the rental housing registration fee shall be payable by the owner of record of any such parcel having “rental dwelling units,” as shown upon the county assessor’s roll, to the successor in interest to such person, such person’s designee, or to any person requesting that such charges be billed to him or her; but in all cases the owner shall be liable for the charges. The rental housing registration fee may be collected directly by the Finance Department.

B. Adjustments to a rental housing registration fee bill may be made when appropriate. Any amount paid in excess of the actual computed charge shall be refunded. Any deficiency in the amount paid against the actual computed charge shall be added to the charge for the succeeding billing. No deficiencies or refunds shall be made for a period of more than three (3) years prior to the date that the Finance Department determines that a billing discrepancy exists. An application requesting an adjustment of billing and stating grounds for an adjustment of refund shall be made in writing to the Finance Department or the Department’s designee. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1214 Rental housing registration fee – Established.

The rental housing registration fee shall be established by the City Council by resolution. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1218 Rental housing registration requirement.

A. Property Required to Register. It shall be unlawful for any person or persons to rent or lease, regardless of receiving compensation for such rental or lease, a residential property of sixteen (16) or fewer rental dwelling units without registering that property with the City. Property owners shall obtain registration forms from the public counters at City Hall or via the City’s website.

B. Registration Information Required. The following information shall be included in every registration:

1. Name and contact information of at least one (1) property title owner;

2. Name and contact information of property manager, if different from owner;

3. Property address or addresses;

4. Number of residential rental units at each address listed;

5. Number of buildings at each address listed; and

6. Name, address and phone number to contact in case of emergency or for purposes of some necessary action by the City. The name or business identified as an emergency contact shall have the authority to act as the owner in cases of emergency or for purposes of allowing the City Manager to inspect the residential rental property.

C. Notification of any change to the information required by the registration form, such as a transfer of ownership or change in emergency contact information, shall be required and submitted to the City in writing within thirty (30) days of such change. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1220 Residential rental property education.

A. Owners of residential rental properties who choose to participate in a certified rental property education program will have their rental housing registration extended from three (3) years to an indefinite period of time that ends only when the information contained in the initial registration becomes invalid or when the property changes ownership.

B. For residential rental properties with severe and/or repeat violations, as determined by the City Manager, the City shall require the residential property owners and/or their property managers to attend a residential rental property management education program.

C. The education program shall include, but is not limited to, the following:

1. The rights and responsibilities of residential rental property owners, property managers, agents of owners and tenants;

2. Proper procedures for conducting interior and exterior rental property inspections;

3. Rental property maintenance laws and regulations; and

4. The City’s code enforcement process.

D. The residential rental property management education program will be administered by the City or another qualified agency as determined by the City.

E. Failure to attend the required education program will result in a disqualification for perpetual registration per EGMC Section 16.20.1207. [Ord. 24-2009 §3, eff. 3-12-2010]

16.20.1227 Enforcement.

Each failure to comply with any provision of this chapter or any regulation promulgated under this chapter is unlawful and constitutes a public nuisance and shall be enforced in accordance with procedures set out in EGMC Chapters 1.04 and 16.18. [Ord. 24-2009 §3, eff. 3-12-2010]