CHAPTER 11.52
RESIDENTIAL RENTAL UNIT INSPECTION PROGRAM
SECTION:
11.52.010: Findings And Purpose
11.52.040: Registration Required
11.52.050: Periodic Inspection
11.52.060: Certificate Of Compliance Required; Expiration And Renewal
11.52.070: Notice Of Inspection
11.52.100: Payment Of Registration And Inspection Fees
11.52.110: Voluntary Inspection Requests; Complaints
11.52.120: Immediate Health And Safety Threats
11.52.130: Notice Of Violation
11.52.140: Change Of Ownership Notification
11.52.150: Notice Requirements For Caretaker Of Apartments
11.52.160: Violation, Enforcement And Penalties
11.52.170: Appeal Of Denial Of Certificate Of Compliance
11.52.180: Administrative Regulations
11.52.190: Annual Review And Report To City Council
11.52.010 FINDINGS AND PURPOSE:
A. The city council finds that the city contains substandard and unsanitary residential buildings and dwelling units that have physical conditions and characteristics that violate state housing and technical codes, rendering them unfit or unsafe for human occupancy and making them detrimental to or jeopardizing the health, safety and welfare of their occupants and the public.
B. The city council finds that by adopting a residential rental unit inspection program requiring the inspection of residential rental dwelling units, including hotels and motels, the city may more efficiently and economically remedy the existence of, or prevent the development of, dangerous substandard or unsanitary residential rental dwelling units and hotel and motel rooms within the city, an effort necessary to prevent deterioration of the city’s housing stock and blight in such housing that could adversely affect economic conditions and the quality of life in the city.
C. In accordance with the holding of the California supreme court in the case of Apartment Association Of Los Angeles County, Inc., v. City Of Los Angeles (2001) 24 Cal. 4th 830, registration and inspection fees included in this chapter that are imposed by public agencies to recover the cost of providing services, are imposed on specified property uses rather than on property ownership per se and are neither fees imposed as an incident of property ownership nor property related services that have a direct relationship to property ownership and thus are exempt from section 3 of article XIIID of the California constitution. (Ord. 2009-58, 10-19-2009)
11.52.020 DEFINITIONS:
As used in this chapter, the following definitions shall have the meanings ascribed to them in this section:
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APPLICABLE LAWS: |
All of the city’s housing laws and code, including, but not limited to, applicable provisions of state law, the California building code, the uniform housing code, the uniform code for the abatement of dangerous buildings, and Health and Safety Code sections 17910-17995. |
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CERTIFICATE OF COMPLIANCE: |
The certificate(s) issued evidencing compliance with the requirements of this chapter. |
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CODE ENFORCEMENT OFFICER: |
The individual employed by the city to conduct inspections and to take such actions as may be required by the provisions of this chapter for the purpose of enforcing certain prescribed provisions of the code and all applicable statutes, rules, codes and regulations. |
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DEFICIENCY: |
Any failure of a unit subject to this chapter to comply with applicable laws. |
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MAJOR VIOLATION: |
Any one or more of the following violations: |
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A. Heating system not fully operational at any time between October and May of the following year. |
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B. Hazardous code violations, including any one or more of the following: |
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1. Exposed electrical wiring; |
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2. Collapsed ceiling or walls caused by water leakage; |
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3. Sewage leakage into walls, floors or onto the ground; |
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4. Structural damage resulting in the building being determined by the building official to be unsafe; |
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5. Fire alarm system not fully operational; |
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6. Firewalls damaged or not maintained. |
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NEW CONSTRUCTION: |
Those units issued a certificate of occupancy within the preceding six (6) months. |
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OCCUPANT: |
The person or persons having a right of present possession of the affected property, other than the owner, including, without limitation, tenant(s), subtenant(s), lessee(s), sublessee(s), or assignee(s), or any authorized agent of any such person(s) or owner(s). |
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OWNER: |
The owner of record as shown on the last equalized assessment roll of the county or as otherwise may be known to the code enforcement officer. If there is more than one owner, the term includes all of the owners. For purposes of providing notice to an owner of any action or proceeding under this chapter, "owner" includes the actual owner of record, or such owner’s agent, employee or other legal representative if such agent, employee or representative is authorized by the owner to receive such notice. |
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RESIDENTIAL DWELLING: |
A single-family home, duplex, multi-family dwelling, hotel, motel or other similar living accommodations. |
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UNIT: |
A residential dwelling occupied by or intended for occupancy by other than the owner of the unit, located within the city. |
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UNIT UNAVAILABLE FOR RENT: |
A residential dwelling whose owner has filed with the code enforcement officer a statement, signed under penalty of perjury in accordance with administrative regulations adopted pursuant to this chapter, providing that such residential dwelling is not offered or available for rent as a unit, and that prior to offering or making available such residential dwelling for rent as a unit, the owner will apply for a certificate of compliance, as required by this chapter. (Ord. 2009-58, 10-19-2009) |
11.52.030 SCOPE:
The provisions of this chapter shall apply to all units, except however, that the provisions of this chapter shall not apply to:
A. Owner or manager occupied units;
B. Units that are owned, operated or managed by a government agency other than the city or which are exempt from municipal regulation pursuant to state or federal law or regulations, but only so long as such government ownership, operation or management or exemption from municipal regulation continues in effect;
C. Units unavailable for rent;
D. A residential care facility for persons with chronic life threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety Code;
E. A residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the Health and Safety Code; or
F. A hospice or a home health agency, licensed pursuant to chapter 8 of division 2 of the Health and Safety Code. (Ord. 2009-58, 10-19-2009)
11.52.040 REGISTRATION REQUIRED:
Every owner carrying on the business of operating rental units within the city is subject to the requirements of this chapter. All owners shall register their unit(s) with the code enforcement officer within six (6) months of the effective date of this chapter or within sixty (60) days of a property being converted to a "unit" as defined by this chapter. (Ord. 2009-58, 10-19-2009)
11.52.050 PERIODIC INSPECTION:
A. Compliance With Laws: The code enforcement officer shall inspect all units once every three (3) years for compliance with applicable laws and require inspections by other city departments and/or Monterey County enforcement agencies as may be authorized by state law, unless a major violation is found during an inspection, or a violation is not corrected within thirty (30) days from the date of the notice of violation, in which case such unit may be inspected each year, subject to the limitations of this chapter.
B. Initial Inspection: Within twenty (20) calendar days of registering a unit, the code enforcement officer shall cause the unit or units specified in the registration documents to be inspected by a code enforcement officer.
C. Reinspection: A unit that exhibits a deficiency or deficiencies shall be subject to reinspections. (Ord. 2009-58, 10-19-2009)
11.52.060 CERTIFICATE OF COMPLIANCE REQUIRED; EXPIRATION AND RENEWAL:
A. Certificate Of Compliance: A certificate of compliance shall be issued for each unit upon completion of the following:
1. The unit has been inspected and approved by the code enforcement officer;
2. Any existing code violations have been corrected and/or repaired and any required permits have been obtained;
3. A current, complete registration application is on file with the community development director;
4. All registration and inspection fees have been paid in full.
Owners of all units subject to this chapter shall have and maintain a valid and current certificate of compliance.
B. Content: Certificates of compliance issued pursuant to this chapter shall specify: the date of issuance, the legal use and occupancy of the unit, the unit address, the name of the unit owner to whom the certificate of compliance is issued, and that the unit complies with all applicable laws, so far as could be determined by the inspection.
C. No Guarantee: Issuance of a certificate of compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with city housing and property maintenance standards, and the occupant of any unit shall not rely on the certificate of compliance as such a guarantee or warranty. The certificate of compliance shall contain a notice to this effect. The city shall not assume any liability to any person by reason of the inspections required by this chapter or the issuance of a certificate of compliance.
D. Expiration: Certificates of compliance shall be valid until the earlier of the next July 1 of the third year following the date of issuance of such certificate or revocation of such certificate pursuant to this chapter.
E. Renewal: The owner of a unit subject to this chapter shall apply for a certificate of compliance and pay all required fees not less than thirty (30) days prior to the scheduled expiration of a certificate of compliance. The owner of the unit shall reregister and meet all requirements and pay all fees for a new certificate of compliance. Upon reregistration, the unit shall be inspected pursuant to the provisions of this section. If the unit complies with the provisions of this section, a certificate of compliance shall be issued. (Ord. 2009-58, 10-19-2009)
11.52.070 NOTICE OF INSPECTION:
The code enforcement officer shall give a minimum of ten (10) calendar days’ advance written notice of the date and time of the inspection. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice shall be sent to owner by U.S. mail, first class, postage prepaid, at the address listed on the registration form filed with the city. The code enforcement officer shall post a notice at the unit to inform all occupants of the inspection. The notice shall also be sent via U.S. mail, first class, postage prepaid, to the occupant(s) of the unit, at the unit address. (Ord. 2009-58, 10-19-2009)
11.52.080 CONSENT OF OWNER:
Owners shall make every effort to make unit(s) subject to this chapter available to the city for inspection. If owner and/or occupant does not consent to entry by the city for purposes of this chapter, the code enforcement officer may not force or otherwise attempt to gain entry except in accordance with a valid inspection warrant issued in accordance with California Civil Procedure section 1822.50 et seq. (Ord. 2009-58, 10-19-2009)
11.52.090 CANCELLATIONS:
Inspection cancellations initiated by the owner or occupant must be made at least forty eight (48) hours in advance. All cancellations made with less than forty eight (48) hours’ advance notice shall be subject to a cancellation fee imposed on the owner/occupant established by the city council pursuant to this chapter. (Ord. 2009-58, 10-19-2009)
11.52.100 PAYMENT OF REGISTRATION AND INSPECTION FEES:
Payment for the unit registration and inspection fees shall be received before an inspection is performed. The registration fee shall be deemed to cover the cost of the code enforcement officer’s first inspection of the unit. All registration, inspection and reinspection fees shall be established by a resolution of the city council and set forth in the city’s regular fee schedule. Fees included in this chapter will be used to finance the cost of inspection and enforcement related only to this chapter. (Ord. 2009-58, 10-19-2009)
11.52.110 VOLUNTARY INSPECTION REQUESTS; COMPLAINTS:
A. Voluntary Inspection Requests: Nothing in this chapter shall be construed to prohibit an owner or occupant from voluntarily requesting an inspection pursuant to this chapter to determine whether a unit complies with applicable laws, even though such inspection may not be required pursuant to this chapter. Such voluntary inspection requests shall be subject to all of the provisions of this chapter, including, but not limited to, the provisions governing applications and fees.
B. Complaints: Upon receipt of a complaint of violation(s) of any applicable laws, the city shall inspect the pertinent unit(s) and/or area(s) of the property. All violations shall be corrected and reinspected within the time specified in the notice of violation. Where a violation is confirmed as the result of a complaint, said complaint shall be subject to all of the provisions of this chapter, including, but not limited to, the provisions governing applications and fees. The city retains the discretion to respond only to complaints it determines to be reasonable and within the purview of this chapter. (Ord. 2009-58, 10-19-2009)
11.52.120 IMMEDIATE HEALTH AND SAFETY THREATS:
Nothing in this chapter shall limit the city’s ability to inspect properties and issue citations for property related conditions that may constitute an immediate health or safety threat. (Ord. 2009-58, 10-19-2009)
11.52.130 NOTICE OF VIOLATION:
A. Issuance Of Notice: If an inspection of a unit or its premises conducted pursuant to this chapter reveals any violations of applicable laws, the city shall issue a notice of violation, containing the following information:
1. A reasonably detailed description of the violation so that the owner may correct the problem.
2. Date, time.
B. Service Of Notice: The notice of violation shall be mailed to the owner at the address listed on the registration form filed with the code enforcement officer. The violation must be cured within thirty (30) days of the date of the notice of violation. If, upon reinspection the violation remains, the city may seek any remedies permitted by law and this code, including obtaining an inspection warrant pursuant to California Code of Civil Procedure section 1822.50. (Ord. 2009-58, 10-19-2009)
11.52.140 CHANGE OF OWNERSHIP NOTIFICATION:
When ownership of a unit changes, the previous owner shall notify the code enforcement officer within thirty (30) days of the change in the ownership. Failure to notify the code enforcement officer shall result in immediate expiration of the certificate of compliance. (Ord. 2009-58, 10-19-2009)
11.52.150 NOTICE REQUIREMENTS FOR CARETAKER OF APARTMENTS:
A. Notice Posted: Regardless of the number of units in an apartment complex, the owner shall post in a conspicuous public place on the premises of the apartment complex, a notice containing the name, address and telephone number of the resident caretaker or resident owner who is responsible for management of the apartment, or of the nonresident owner or nonresident owner’s agent who is responsible for the management of the apartment.
B. Caretaker Responsible: At any apartment complex with sixteen (16) or more units, a caretaker employed by the owner shall reside upon the apartment premises and shall be responsible for management of the apartment, unless the owner resides upon the premises and has assumed such management responsibility. Alternatively, at any apartment complex with sixteen (16) or more dwelling units, there shall be a designated caretaker’s office which shall be staffed between the hours of eight o’clock (8:00) A.M. and five o’clock (5:00) P.M. Monday through Friday by the owner or caretaker employed by the owner and responsible for management of the apartment complex, and there shall be posted a telephone number for the owner or owner’s agent, to which a telephone complaint may be made during all other hours, and a response to which shall be made within a reasonable time period. (Ord. 2009-58, 10-19-2009)
11.52.160 VIOLATION, ENFORCEMENT AND PENALTIES:
Failure to comply with the regulations of this chapter shall constitute a violation of this code and may be enforced in any combination as permitted by law and this code. Violations of this chapter shall be treated as a strict liability offense regardless of intent. Each day a violation exists shall constitute a separate violation. (Ord. 2009-58, 10-19-2009)
11.52.170 APPEAL OF DENIAL OF CERTIFICATE OF COMPLIANCE:
A. An owner denied a certificate of compliance may appeal this decision by submitting a written request for an appeal hearing to the city manager within twenty one (21) days from the date of denial of the certificate of compliance.
B. Failure to timely submit a written request for an appeal hearing constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.
C. Enforcement of the requirement to maintain a certificate of compliance shall be stayed during the pendency of a timely filed appeal, unless the city obtains an order from a court of competent jurisdiction authorizing the abatement of such conditions subject to the city’s code enforcement efforts.
D. The owner’s timely appeal shall be heard by the city manager or his designee. Such hearing shall occur not less than fifteen (15) days nor more than sixty (60) days from the date the request for an appeal hearing was filed, unless the city determines that the matter is urgent or that good cause exists for an extension of time, in which case the hearing date may be shortened or extended, as warranted by the circumstances.
E. When the request for an appeal hearing is filed, the city clerk shall set the time and place for the hearing, pursuant to subsection D of this section, and shall serve a notice of hearing either personally or by United States mail, first class postage prepaid, to the appellant at the address on the request for appeal hearing. If the code enforcement officer submits a written report concerning the decision to deny the certificate of compliance to the city manager for his/her consideration at the hearing, such report shall be served on the appellant at least five (5) days prior to the date of the hearing.
F. At the time set forth in the notice of hearing, the city manager or his designee, shall conduct a hearing on the decision not to issue a certificate of compliance. Evidence presented by the code enforcement officer or other official of the city tending to show the owner failed to comply with the requirements of subsection 11.52.060A of this chapter shall establish a prima facie case that denial of the certificate of compliance was warranted. The burden of proof shall then be on the owner to refute such evidence. The standard to be applied for meeting such burden shall be a preponderance of the evidence.
G. The city manager or his/her designee shall consider written or oral testimony or other evidence regarding compliance with subsection 11.52.060A of this chapter presented by the owner, the occupant, any officer, employee, or agent of the city, and any other interested party. Evidence offered during a hearing must be credible and relevant in the estimation of the city manager or his/her designee, but formal rules governing the presentation and consideration of evidence shall not apply.
H. The city manager or his/her designee shall conduct the hearing, order the presentation of evidence, and make any rulings necessary to address procedural issues presented during the course of the hearing.
I. After receiving all of the evidence presented, the city manager or his/her designee may then deliberate and consider what action, if any, should be taken, or may adjourn the hearing and take the matter under consideration.
J. Within thirty (30) days of conclusion of the hearing, the city manager or his designee shall issue a decision regarding the issues presented during the course of the hearing. If the city manager or his designee finds that no violation specified in subsection 11.52.060A of this chapter occurred or that the violation(s) listed in subsection 11.52.060A of this chapter was corrected within the specified time period, the city manager shall direct the code enforcement officer to issue the owner a certificate of compliance. If the city manager finds that there was a violation or the violation was not corrected within the specified time, the city manager shall uphold the decision of the code enforcement officer denying the certificate of compliance. The decision of the city manager shall be considered a final administrative decision. (Ord. 2009-58, 10-19-2009)
11.52.180 ADMINISTRATIVE REGULATIONS:
The code enforcement officer is authorized and directed to promulgate administrative regulations pertaining to the implementation and enforcement of this chapter. (Ord. 2009-58, 10-19-2009)
11.52.190 ANNUAL REVIEW AND REPORT TO CITY COUNCIL:
The code enforcement officer shall conduct an annual review of the residential rental unit inspection program and shall submit an annual report of the program’s effectiveness to the city council. (Ord. 2009-58, 10-19-2009)