Chapter 6. Housing Code

Sec. 9-6.01 Administration.

These regulations shall be known as the “Housing Code,” and may be so cited.

This Code is one of the technical codes of Building Regulations administered under Title 9, Chapter 1 of the Hercules Municipal Code. (Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.02 Adoption by Reference.

The Uniform Housing Code as published by the International Code Council, as modified by the State of California and published in the California Code of Regulations, Title 25, Housing and Community Development, Division 1, Chapter 1, is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter. (Ord. 500 § 6, 2017)

Sec. 9-6.03 Copies on File.

One (1) copy of the California Housing Code as adopted by Section 9-6.02 is on file in the office the Chief Building Official for inspection by the public. (Ord. 434 § 6 (part), 2007: Ord. 382 § 6 (part), 2003: Ord. 335 Div. VI (part), 1996: Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.04 Substandard Buildings.

All buildings or portions thereof which are determined to be substandard as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in Uniform Housing Code Sections 1101 through 1104. (Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.05 Permits Required.

No building or structure regulated by this Code shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from the Building Official in the manner and according to the applicable conditions prescribed in Chapter 1 of the Uniform Building Code. (Ord. 335 Div. VI (part), 1996: Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.06 Definition of Nuisance.

(Repealed by Ordinance No. 434)

Sec. 9-6.07 Unapproved Shelter.

Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness. (Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.08 Unsafe Building.

Any building or portion thereof which is determined to be an unsafe building in accordance with Section 102 of the Uniform Building Code; or any building or portion thereof, including any dwelling unit, guest room 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 shall be deemed and hereby is declared to be a substandard building. (Ord. 335 Div. VI (part), 1996: Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.09 Inadequate Sanitation.

(Repealed by Ordinance No. 434)

Sec. 9-6.10 Structural Hazards.

(Repealed by Ordinance No. 434)

Sec. 9-6.11 Nuisance.

Any nuisance as defined in Section 9-6.06. (Ord. 335 Div. VI (part), 1996: Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.12 Improper Occupancy.

All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies. (Ord. 324 Div. 7 (part), 1994)

Sec. 9-6.13 Short Title.

This Chapter shall be cited as the “Residential Health and Safety and Neighborhood Preservation Ordinance.” (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.14 Definitions.

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:

(a) “Applicable laws” means and includes, but is not limited to, the City’s Housing Code, the City Zoning Ordinance, other City ordinances, and other laws or regulations relating to the health or safety of City residents or the public.

(b) “Building Official” means the City of Hercules Chief Building Official.

(c) “Certificate of Compliance” means the certificates issued evidencing compliance with the requirements of this Chapter.

(d) “City” means the City of Hercules, California.

(e) “Deficiency” means any failure by a rental unit subject to this Chapter to comply with applicable laws.

(f) “Occupant” means an individual, partnership, corporation or association or any other form of business entity or ownership or agent of any of them lawfully residing in a rental unit.

(g) “Unit” means a dwelling unit within the City including single- and multiple-family residences, hotels and motels, and similar living accommodations.

(h) “Owner” means the owner of record of a unit as shown on the last equalized assessment roll or such owner’s authorized agent.

(i) “Rental unit” means a unit occupied by or intended for occupancy by other than the owner of the unit.

(j) “Yard” shall mean the front, side, and rear setbacks of a property. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.15 Applicability.

Except as hereinafter provided, not less than once every two (2) years every owner of a residential rental unit within the City shall cause each residential rental unit he or she owns to be inspected for compliance with all applicable laws. The owner may demonstrate compliance with this Chapter by either obtaining a Certificate of Compliance from the Chief Building Official or by providing the Chief Building Official with a valid Section 8 Certificate and Proof of Inspection. All provisions of this Chapter shall apply to such residential rental units. Units that are owned, operated or managed by a government agency other than the City which are exempt from municipal regulation by state or federal law or regulation shall not be required to comply with this Section as long as such government ownership, operation, management or exemption by state or federal law or regulation remains in effect. (Ord. 460 § 1 (part), 2010: Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.16 Certificate of Compliance Requirement.

At least once every two (2) years, owners of residential rental units must file a written application with the Chief Building Official and obtain a valid Certificate of Compliance for each residential rental unit owned by that owner. Applications for Certificates of Compliance may be obtained from the City’s Chief Building Official. To be considered for approval, applications for Certificates of Compliance must be complete and include the then-current application fee. (Ord. 460 § 1 (part), 2010: Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.17 Inspection.

Within twenty (20) working days of the date upon which a completed application for a Certificate of Compliance is submitted to the Building Official, the Building Official shall cause the residential rental unit or residential rental units specified in the application to be inspected. The Building Official shall issue a Certificate of Compliance for residential rental units that comply with applicable laws. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.18 Certificate of Compliance Contents.

Certificates of Compliance issued pursuant to this Chapter shall specify: the date of issuance, the legal use and occupancy of the residential rental unit, the residential rental unit address, the name of the residential rental unit owner to whom the certificate is issued, and a finding that the residential rental unit complies with applicable laws as far as could be determined by the inspection. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.19 Validity of Certificates of Compliance.

Certificates of Compliance issued pursuant to this Chapter shall remain valid for two (2) years from the date of issuance. (Ord. 460 § 1 (part), 2010: Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.20 Deficiencies.

Within ten (10) business days after the inspection of a residential rental unit, the Building Official shall provide the owner with written notice of each deficiency disclosed by that inspection. The owner shall remedy each such deficiency within thirty (30) calendar days after the City provides the owner such written notice. Certificates of Compliance shall not be issued until every deficiency in the inspected residential rental unit is corrected. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.21 Inspection Consent.

Owners are responsible for making residential rental units available for inspection by the Building Official or his/her designee. If owners or non-owner occupants do not consent to entry into a residential rental unit for inspection by the Building Official or his/her designee, the Building Official may not force or otherwise attempt to gain entry except in accordance with a valid warrant issued in accordance with Section 1822.50 and following the California Code of Civil Procedure. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.22 Administrative Regulations.

The Building Official is authorized and directed to promulgate administrative regulations pertaining to the implementation and enforcement of this Chapter. Such administrative regulations shall not take effect unless and until they are approved by a resolution duly adopted by the City Council following a public hearing thereon. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.23 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 residential rental unit complies with applicable laws, even though such inspection may not be required by 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. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.24 Penalties.

Violations of the provisions of this Chapter shall be deemed infractions. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)

Sec. 9-6.25 Appeal.

Any person aggrieved by a determination concerning a Certificate of Compliance application under this Chapter may appeal to the Hearing Officer using the procedures and paying the fees prescribed in Sections 4-10.22 through 4-10.25 of this Code, as amended from time to time. The Hearing Officer’s decision shall be final and binding and shall constitute the exhaustion of all required administrative remedies. Once the Hearing Officer issues a decision, there shall be no further appeal to City Management or to the City Council. (Ord. 409 § 1 (part), 2005: Ord. 380 § 1 (part), 2003)