Chapter 16.21
CITY OF ELK GROVE HOTEL/MOTEL COMPLIANCE ASSURANCE PROGRAM
Sections:
16.21.050 Authority to enter and inspect.
16.21.010 Title.
This chapter shall be known as the “City of Elk Grove hotel/motel compliance assurance program,” 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]
16.21.020 Purpose.
A. It is the intent of the City Council in adopting this chapter to establish a compliance assurance program providing for periodic inspections of all hotels and motels in the City of Elk Grove for violations of the State Housing Law (Section 17910, et seq., of the Health and Safety Code), the City of Elk Grove housing code (EGMC Chapter 16.20), and the City of Elk Grove dangerous buildings code (EGMC Chapter 16.22). The City Council finds that it is important to identify violations at hotel and motel establishments and refer the violations to the City of Elk Grove Development Services Department or other local code enforcement programs for potential enforcement action before they escalate into blighted properties.
B. The provisions of this chapter are to be supplementary, cumulative, and complementary to all of the provisions of this code, State law, Federal law, and any law cognizable at common law, or in equity, and nothing herein shall be read, interpreted or construed in any manner so as to limit any existing right or power of the City of Elk Grove to inspect hotels and motels for violations of the State housing law, the City of Elk Grove housing code, or the City of Elk Grove dangerous buildings code or to take any enforcement action related thereto. [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]
16.21.030 Application.
The provisions of this chapter shall apply generally to all new and existing hotels and motels located in 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]
16.21.040 Definitions.
For the purposes of this chapter, the following definitions shall apply:
A. “Department” means the Development Services Department of the City of Elk Grove.
B. “Director” means the Development Services Director of the Development Services Department of the City of Elk Grove or his or her designated representatives.
C. “Hotel/motel” means any building or structure containing five (5) or more rooms intended or designated to be used, or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests. Rent may be paid in money, goods, or services. [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]
16.21.050 Authority to enter and inspect.
A. Inspections. To the extent authorized by law, the Director may enter any hotel/motel at reasonable times to make inspections authorized by local ordinance or State law. The Director is authorized to make such inspections as may be necessary or appropriate to enforce the provisions of this code, including, without limitation, inspection of all buildings, structures or premises within the scope of this code.
B. Right of Entry. The Director may enter the hotel/motel at reasonable times to perform inspections provided for in this chapter; provided, that credentials be presented to the management of the hotel/motel and entry requested. If entry is refused, the Director shall have recourse to all remedies provided by law to secure entry, including without limitation the provisions of Section 1822.50, et seq., of the Code of Civil Procedure relating to inspection warrants. The Director shall not enter any hotel/motel pursuant to this section 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 management of the hotel/motel, and shall not enter any hotel/motel in the absence of management without a proper written order executed and issued by a court of competent 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]
16.21.060 Inspections.
A. The Director shall conduct periodic inspections of all hotels/motels located in the City for violations of the State Housing Law (Section 17910, et seq., of the Health and Safety Code and Title 25, Chapter 1, of the California Code of Regulations), the City of Elk Grove housing code (EGMC Chapter 16.20), and the City of Elk Grove dangerous buildings code (EGMC Chapter 16.22). The inspectors shall complete an inspection report for each facility inspected and provide a copy of the report to the facility’s manager or other local code enforcement programs.
B. All exterior and public areas may be inspected, including, without limitation, hallways, laundries, lobbies, dining areas, fire extinguishers, and trash collection areas.
C. All kitchen and food preparation areas may be inspected.
D. A sufficient number of guest rooms chosen at random shall be inspected so that the inspector may determine that a substandard housing condition or public health nuisance either is or is not likely to be in existence.
E. In the event that any violation or violations of the State Housing Code, the City of Elk Grove housing code, or the City of Elk Grove dangerous buildings code are discovered during any inspection, the violation(s) shall be noted on the inspection report and shall state that the matter is being referred to the local code enforcement program for appropriate enforcement action. A referral will be made to the local enforcement programs for enforcement action if the inspection reveals:
1. Violation(s) of imminent danger to the public health or safety. Imminent danger to the public health or safety includes, but is not limited to, exposed hazardous or unsafe electrical wiring, surfacing sewage discharge, unsafe water supply, and rodent and/or insect infestation.
2. A substantial number of general maintenance violations. General maintenance violations include, but are not limited to, deteriorated interior floors, walls, and ceiling, lack of paint or protective weather covering, broken windows or doors, and accumulation of junk and/or other debris. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]