Chapter 15.52
RESIDENTIAL RENTAL ENHANCEMENT PROGRAM1
Sections:
15.52.030 Maintenance of records.
15.52.040 Residential rental enhancement program certification application.
15.52.060 Change of ownership.
15.52.070 Right of entry for inspection by owner.
15.52.080 Self-certification inspection procedures.
15.52.090 Business license certificate required.
15.52.100 Business license renewal.
15.52.110 Revocation of a business license certificate.
15.52.120 Appeal to the city council.
15.52.130 Notice required if property is no longer used as a residential rental.
15.52.140 Nuisance, injunction, and other remedies available and nonexclusive.
15.52.010 Definitions.
A. “Application” means a residential rental enhancement application.
B. “Board” means the planning commission of the city of Highland.
C. “Boarding unit” means a dwelling unit where lodging is provided with or without means for compensation, for seven or more persons, such that it is required to be licensed as a social care facility.
D. “Business license certificate” means a business license certificate issued by the city’s finance department for a residential rental unit.
E. “City” means the city of Highland.
F. “Director” means the community development director for the city of Highland.
G. “Granny flat” means a residential occupancy of an accessory dwelling unit located on the same parcel as the principal dwelling unit which is occupied by one or two adults, who have reached the age of 60, and are dependents of the residents of the primary unit, or are court-appointed conservatees of a resident of the principal unit, or are members of a very low income household as specified in Section 50105 of the California Health and Safety Code and are related to the residents of the principal unit by birth, marriage, or adoption. For the purposes of this section, “dependent” means a related individual who is dependent upon the resident of the principal unit for financial support or health care. An individual will be determined to be a financial dependent if claimed by the resident of the primary unit as a dependent on his or her federal or state income tax return. An individual will be determined to be a dependent for health care reasons if he or she is considered blind or disabled as defined in Section 1614 (a) of Title XVI of the Social Security Act.
H. “Inspector” means the building official, or code compliance officer, or designees for the city of Highland responsible for conducting the residential rental unit inspection.
I. “Occupant” means any person who occupies a unit, as a tenant or permittee of the owner, but not an owner-occupied unit.
J. “Owner” means the record owner of the residential rental unit.
K. “Owner-occupied” means a residential unit which is solely occupied by the owner.
L. “Person” means an individual, partnership, corporation or association or the rental agent of any of the foregoing.
M. “Permittee” is person who has the owner’s permission to occupy a residential rental unit but who does not pay rent, lease or sublease the residential rental unit, or provide other financial consideration (including, but not limited to the payment of utilities).
N. “Residential rental unit” means any attached or detached single family, two-family or multi-family residential building, which is not owner-occupied, and that is available for rent, lease, sub-lease, or other financial compensation. A residential rental unit consists of any residential dwelling unit of one or more rooms designed for nontransient living and sleeping purposes, containing a kitchen or a food preparation area, one or more bathrooms and any other living areas for use solely by the occupant or occupants. (Ord. 440 § 15, 2019; Ord. 412 § 1, 2016)
15.52.020 Exemptions.
A. The requirements of this chapter shall not apply to the following:
1. Boarding houses.
2. Granny flats.
3. Hospitals, convalescent care facilities, and nursing homes.
4. Mobilehomes within mobilehome parks.
5. Owner-occupied units.
6. Units occupied by an owner’s family member who does not provide any form of financial compensation to the owner for living in the unit. (Ord. 412 § 1, 2016)
15.52.030 Maintenance of records.
All records, files and documents pertaining to the residential rental enhancement program, except business licenses, shall be maintained by the code enforcement division and made available to the public as allowed or required by state law or city ordinance. (Ord. 412 § 1, 2016)
15.52.040 Residential rental enhancement program certification application.
No person shall hereafter occupy, allow to be occupied or let to another person for occupancy any residential rental unit within the city for which a completed application has not been properly filed with the code enforcement division of the city as required herein. The application shall be made upon forms furnished by the finance department of the city for such purpose and shall be filed within 30 calendar days following the date of notice that an application is due is sent by the city or the date the residential rental unit is occupied, whichever is earlier and shall specifically require the following minimum information:
A. Name, address and phone number of the owner.
B. Name, address and phone number of the designated local property manager if the owner lives outside of the city.
C. The street address of the residential rental unit.
D. The number and types of units within the residential rental unit (e.g., dwelling units or sleeping rooms).
E. A completed self-certification checklist as set forth in HMC 15.52.080. (Ord. 412 § 1, 2016)
15.52.050 Application fee.
An application fee shall be paid concurrently with the filing of an application in an amount established by resolution of the city council. (Ord. 412 § 1, 2016)
15.52.060 Change of ownership.
Within 30 days of change or transfer of ownership of the residential rental unit, the new owner shall file a new application, including a new self-certification checklist, along with fees as established by resolution of the city council. (Ord. 412 § 1, 2016)
15.52.070 Right of entry for inspection by owner.
This chapter contemplates a self-certification inspection process conducted by the owner of a residential rental unit. As provided herein, the owner is required to make both exterior and interior inspections of the residential rental unit which is subject to the terms of this chapter. The owner shall utilize the provisions of Civil Code Section 1954 to make an interior inspection of the residential rental unit as required by this chapter. (Ord. 412 § 1, 2016)
15.52.080 Self-certification inspection procedures.
A. The director shall prepare self-certification inspection checklist to be used by the owner. The self-certification inspection checklist will certify that health and safety, building code and fire code violations do not exist on the residential rental unit. The self-certification inspection checklist shall be attached to the application and shall be signed and submitted by the owner at the time the application is submitted. The city shall not issue a business license if a completed self-certification checklist is not included with the application.
B. Upon receipt of a completed application the director shall cause each residential rental unit which is not exempted from the provisions of this chapter to be photographed from the public right-of-way and inspected from the public right-of-way to determine compliance with applicable city and state codes relating to zoning, building, health, safety and property maintenance. Said photography and inspection shall be conducted by the city within two weeks of the receipt of a complete application.
C. If upon receipt of a completed application, self-certification checklist and subsequent right-of-way inspection as noted above in subsection B of this section, the residential rental unit is found to be in compliance with said codes and ordinances, the director shall approve the issuance of a business license certificate.
D. If upon a right-of-way inspection as noted in subsection B of this section violations of one or more provisions of applicable city codes and ordinances and/or state law are noted, the city shall provide written notice of such violations to the owner, local property manager, and to each affected residential rental unit within 15 working days following the inspection or within a reasonable time thereafter. The notice of violation shall include a reinspection date before which such violations shall be corrected and information that the lessor cannot retaliate against a lessee pursuant to Section 1942.5 of the California Civil Code. All violations must be corrected within 30 days of receipt of notice of violation, or as may otherwise be approved or required by the director. If the violations are corrected within the 30-day period, the director shall authorize the issuance of a business license certificate for the residential rental unit.
E. If the violations have not been corrected by the date of the reinspection, the director shall not authorize the issuance of a business license certificate and an administrative citation shall be issued in the manner described in HMC 2.56.050. The city may take any action necessary to enforce compliance with applicable city codes and ordinances and state law. If such uncorrected violations do not pose an immediate threat to the health, safety and welfare of the occupants, the director may, in his or her discretion, authorize the occupancy of the residential rental units for a period not to exceed 90 days. If the residential rental unit which has been cited is vacant at the time the violations are cited, it may not be occupied until such time as the violations have been corrected.
F. Any owner or local property manager aggrieved by the determination of the director may appeal to the board. Said appeal must be in writing and must be filed not more than 10 calendar days following the service of the administrative citation. The appeal shall be submitted to the city clerk on the appropriate forms with the appropriate fee established by resolution of the city council, and shall specify the basis for the appeal. The appellant shall be provided with an opportunity to testify before the board. The appeal shall be set for hearing before the board within 90 days of receipt of a completed appeal application by the city. Following determination of the matter by the board, the appellant shall be notified of the decision of the board, which shall also be mailed to each affected residential rental unit. The decision of the board shall be final unless appealed to the city council in accordance with the procedure described in HMC 15.52.120. (Ord. 412 § 1, 2016)
15.52.090 Business license certificate required.
A. Subject to the exemptions provided in HMC 15.52.020, no person shall occupy, rent, let or let for occupancy or permit occupancy of any residential rental unit subject to this chapter without having a valid, current business license certificate required herein for that residential rental unit.
B. The business license certificate issued pursuant to HMC 15.52.080(C) shall expire one year from the date of issuance.
C. The business license certificate at a minimum shall provide the following information:
1. Date of issuance.
2. Legal use of the residential rental unit.
3. Address of the residential rental unit.
4. The owner’s name and address, and the name and address of any local property manager or agent of the owner to be contacted in case of emergency or for repair authorization.
5. Date of expiration of business license certificate.
6. That “the residential rental unit has been self-certified. A business license certificate is not a warranty or guarantee that there are no defects in the residential rental unit, nor shall the city be held responsible for defects on the property.”
D. The owner or occupant of any residential rental unit subject to this chapter may request that the city conduct both an interior and exterior inspection of said residential rental unit(s) therein at any time. If the city is unable to obtain consent from the occupant to inspect the interior of the residential rental unit, the city may seek a court order to conduct such an inspection. Inspections other than those required pursuant to the terms of this chapter shall be a building and safety special inspection made at the expense of the requesting owner.
E. The city may conduct additional inspections prior to expiration of a business license certificate, if the city reasonably believes that a violation exists on the residential rental unit. Such inspections may be based upon, but are not limited to, receipt of complaints from occupants, local agencies, or other third parties. The city shall provide notice of the inspection and follow the inspection procedures set forth in subsection D of this section.
F. Upon the request of an existing or prospective tenant, the owner or the owner’s agent or local property manager shall produce the business license certificate. (Ord. 412 § 1, 2016)
15.52.100 Business license renewal.
The owner must pay a business license renewal fee each year. The owner or local property manager must also file a new application, concurrently with a self-certification form, if any of the information contained in the initial application has changed. (Ord. 412 § 1, 2016)
15.52.110 Revocation of a business license certificate.
A. If the city determines that violations exist on the residential rental unit, the city shall issue an administrative citation and notify the owner in writing that their business license certificate may be revoked if the violations are not corrected within 30 days of receipt of an administrative citation, or such other time that may be required by the director. The city shall follow the process set forth in HMC 5.04.360 for revoking business licenses.
B. Nothing in this chapter shall prevent an owner from reapplying for a new business license certificate; provided, that the owner is current on all fees, files a new application pursuant to HMC 15.52.040, and completes a new self-certification form pursuant to the requirements of HMC 15.52.080. (Ord. 412 § 1, 2016)
15.52.120 Appeal to the city council.
Any person aggrieved by the determination of the board may appeal to the city council. Said appeal must be in writing, filed not more than 10 calendar days following the service of the board’s notice of determination on the owner. The appeal shall be submitted to the city clerk on the appropriate forms with the appropriate fee established by resolution of the city council, and shall specify the basis for the appeal. The aggrieved person shall be provided with an opportunity to testify before the city council. The appeal shall be set for hearing before the city council within 90 days of receipt of a completed appeal application by the city. Following determination of the matter by the city council, the appellant shall be notified of the decision of the city council, which shall also be mailed to each affected residential rental unit and posted in a conspicuous location on the residential rental unit. The decision of the city council shall be final. (Ord. 412 § 1, 2016)
15.52.130 Notice required if property is no longer used as a residential rental.
If the owner ceases to use the property as a residential rental, the owner is required to notify the city in writing within 30 days from the date that the property ceases to be used as a residential rental. (Ord. 412 § 1, 2016)
15.52.140 Nuisance, injunction, and other remedies available and nonexclusive.
A. It shall be considered a public nuisance to occupy, allow to be occupied or maintain any residential rental unit which fails to comply with state and local laws as they relate to housing standards, property maintenance, building codes, local zoning or other state and city codes and ordinances.
B. Any violation of this chapter is hereby declared to be a public nuisance subject to recovery of nuisance abatement expenses as set forth in HMC 8.28.020. Pursuant to California Health and Safety Code Section 17980(f), the city may charge the owner for any postage or mileage costs related to any violations.
C. The remedies provided in this chapter are nonexclusive, and nothing herein shall prevent the enforcement of violations which are the subject of this chapter by any other civil, criminal or administrative remedy available by law; and nothing in this chapter shall limit or otherwise affect the rights of the city, the director, or any other duly authorized city employee or agent to bring civil, criminal and/or administrative enforcement actions, undertaken individually or in conjunction with other remedies, to enforce violations of the state or city codes and ordinances which are the subject of this chapter.
D. Nothing in this chapter shall prevent the city, its authorized officials, employees and agents from taking action under any other city code, including, but not limited to, fire codes, zoning codes or other health and safety codes, for violations thereof, to seek injunctive relief or criminal prosecution of such violations in accordance with the terms and conditions of the particular ordinance or code under which the city would proceed against the owner, local property manager or occupant of any residential rental unit covered by this residential rental enhancement program.
E. In addition to the remedies and penalties set forth herein, the city in its sole discretion, may also refer any qualifying property to the State Franchise Tax Board Substandard Housing Program to disallow income tax deductions claimed for interest, taxes, amortization, and depreciation related to substandard housing. (Ord. 412 § 1, 2016)
Prior legislation: Ords. 244 and 370.