Chapter 16.20 HOUSING CODE

This chapter shall be known as the Rancho Cordova housing code and may be cited as such. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 7, 1999; SCC 0934 § 4, 1993].

A. 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 the loss of housing and displacement of individuals.

B. The purpose of this chapter is to proactively identify blighted and deteriorated rental housing stock and to ensure the rehabilitation and prevention of rental housing that does not meet applicable building code and housing code standards, Rancho Cordova Municipal Code standards, or is not safe to occupy, and further, to preserve and enhance the quality of life for residents of the city living in rental property.

C. It is important that the city not only enforce on a complaint-initiated basis, but also conduct routine residential rental property inspections in order to better address and reduce substandard housing in the city. It is important to conduct routine inspections on residential rental property due to the inherent problems associated with property owners not living in the rental units.

D. 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 payment of 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.

E. It is therefore necessary to levy a rental housing code compliance fee for the purpose of generating the revenue required to fund the implementation and ongoing operating costs of such a program. The rental housing code compliance fee may be adjusted annually, as necessary, for the purpose of ensuring adequate funding for the program. The rental housing code compliance 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.

F. In the city of Rancho Cordova, substandard rental housing has caused health and safety risks to its occupants and those who reside in the surrounding neighborhood. Additionally, substandard rental 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 community.

G. 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 life, limb, health, property, safety, and welfare of the public. [Ord. 26-2007 § 2; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4]

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 combined with routine residential rental property inspections are necessary to provide the essential level of abatement of substandard housing conditions within Rancho Cordova to promote public health, safety, and welfare. City staff has observed, in performing their duties, that generally the most egregious violations of health, safety, and building codes occur in rental housing units and therefore it is most efficient and effective to require periodic inspections of residential rental units rather than all housing units in the city.

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 compliance 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 rental housing code compliance 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 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 rental housing code compliance 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. 19-2012 § 1; Ord. 26-2007 § 3; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

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 Rancho Cordova. 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

Article I. Definitions

16.20.100 Definitions.

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

“Building” means a structure or part thereof.

“Building code” means the International Building Code adopted pursuant to Chapter 16.04 RCMC.

“City” means the city of Rancho Cordova.

“City manager” means the city manager of the city of Rancho Cordova, or his or her designated representatives.

“Clerk” means the city clerk of the city of Rancho Cordova, or his or her designated representative.

“Complaint” means notification by any person, lodged with the code enforcement division of the neighborhood services division, of a violation or a suspected violation of the housing code or this chapter.

“Council” means the city council of the city of Rancho Cordova.

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

“Department” means the city’s neighborhood services division.

“Director” means the director of the city’s neighborhood services division.

“Displaced” means if a tenant is ordered to move out of a rented dwelling unit or structure by an order to vacate issued by the city.

“Dwelling” means 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.

“Dwelling unit” means 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.

“Electrical code” means the National Electrical Code as adopted and as modified by the city of Rancho Cordova electrical code set forth in Chapter 16.28 RCMC.

“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, in an effort to secure compliance as to such existing buildings.

“Fire code” means the International Fire Code adopted pursuant to Chapter 17.04 RCMC.

“Fiscal year” means the year beginning July 1st and ending June 30th.

“Hearing officer” means an active member of the bar of the state of California, or any otherwise qualified individual or board, 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.

“Housing code” means this chapter and includes the building code, the electrical code, the mechanical code, the plumbing code and the state housing law.

“Inspection” means the act of examining areas within the exterior and interior of a residential rental unit for purposes of identifying compliance with state and local building and housing codes and regulations.

“Landlord” or “rental owner” 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.

“Mechanical code” means the Uniform Mechanical Code adopted pursuant to Chapter 16.32 RCMC.

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

“Order to vacate” is 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.

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

“Parties in interest” means 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.

“Plumbing code” means the Uniform Plumbing Code adopted pursuant to Chapter 16.24 RCMC.

“Problem properties revolving fund” means the fund established by this chapter, of that name, which shall be maintained by the city of Rancho Cordova finance director either as an account or a fund, and may, for the purpose of accounting records, make any audits thereof and any reports or statements with respect thereto. All such records with respect to any such fund shall at all times be maintained in accordance with sound accounting practice.

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

“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.

“Public record” means deeds, mortgages and other instruments of record relating to land titles and recorded by the Sacramento County recorder.

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

“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, make any audits thereof and any reports or statements with respect thereto. All such records with respect to any such fund shall at all times be maintained in accordance with sound accounting practices.

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

“Rental housing code compliance fee” means the fee assessed under this chapter for each rental dwelling unit.

“Responsible fire chief” means the chief of the fire protection district, special district, or any other municipal or public corporation or district which is authorized by law to provide fire protection and prevention services at issue.

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

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

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

“Untenantable rental dwelling unit” or “uninhabitable rental dwelling unit” means a rental dwelling unit 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.

“Vacation date” or “vacate 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. [Ord. 38-2007 § 1 (Exh. 1(J)); Ord. 26-2007 § 4; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

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 RCMC 16.18.205.

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 RCMC 16.18.205.

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 finaled. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in RCMC 16.18.205.

E. 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 finaled. Any person violating this subsection may be charged with either an infraction or misdemeanor offense as provided in RCMC 16.18.205.

F. 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 Chapter 16.23 RCMC 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 RCMC 16.18.205. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1125 § 3, 1999; SCC 1090 § 1, 1997; SCC 1059 § 1, 1996; SCC 0934 § 4, 1993].

16.20.220 Penalties and costs of enforcement.

A. Any person violating this chapter may be charged with either an infraction or misdemeanor offense as provided in RCMC 16.18.205.

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 the Rancho Cordova Municipal Code or state law, there is hereby imposed an administrative civil penalty of up to $5,000 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 RCMC 16.20.405(C) and (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 clerk of the city council.

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 RCMC 16.20.330 is committed, continued, or permitted by any such person. Any violation which persists for more than one day is deemed a continuing violation for the purposes 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 RCMC 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 RCMC 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 38773 et seq. 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. [Revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1125 § 4, 1999; SCC 1066 § 9, 1997; SCC 1030 § 1, 1996; SCC 0934 § 4, 1993].

16.20.221 Fees.

Unless a fee amount is specifically provided within this title, the city council shall from time to time establish fees for services provided under this title by resolution, and where appropriate grant the city manager the authority to review and adjust such fees when necessary to cover the cost of enforcement of this chapter. [Ord. 19-2012 § 2].

Article III. Administration and Enforcement

16.20.300 Enforcement.

The Rancho Cordova neighborhood services division 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 board as provided in RCMC 16.20.330. For such purposes, the director shall have the powers of a law enforcement officer. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1075 § 3, 1997; SCC 0934 § 4, 1993].

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 30 calendar 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 18 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 RCMC 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 RCMC 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. 3-2023 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.350 Substandard dwellings.

All dwellings or portions thereof which are determined to be substandard are hereby declared to be public nuisances and shall be abated by repair, demolition or vacation in accordance with the procedure specified in Article IV of this chapter, or in any other manner provided by law. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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. The notice and order shall contain the specific codes being violated.

3. Action Required. A statement of the action required to be taken as determined by the director. 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 within such time as the director determines 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 30 days from the date of the order, and that the demolition be completed within such time as the director determines 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 that the building, or portion thereof, be boarded and fenced against entry as provided in Chapter 16.23 RCMC. The latest specification for the boarding of vacant properties issued by the United States Department of Housing and Urban Development shall be followed, or such other similar plans and specifications for boarding vacant properties as may be promulgated by the 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.

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. 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;

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, and reasonable attorneys’ fees and costs;

d. Penalties including, but not limited to, civil contempt orders, civil penalties, criminal misdemeanor and/or infraction convictions including fines and jail time in certain instances;

e. Inability to deduct from state taxes, expenses for interest, taxes, depreciation or amortization associated with the building, pursuant to Section 17274(a) of the California Revenue and Taxation Code; and

f. Such other injunctive and legal relief as may be warranted under the particular circumstances presented.

6. Lien for All Costs of Abatement. Statement advising 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 RCMC 16.20.750 concerning recovery of costs of repair or demolition.

C. Service of Notice. The notice and order and all notices required to be given by this section shall be served on the responsible party either by personal service, by first class mail, or by certified mail, return receipt requested. Additionally, a copy of the notice and order shall be conspicuously posted at the property which is the subject of the violation.

D. Failure to Receive Notice. The failure of a person to receive a required notice shall not affect the validity of any proceedings taken under this section. [Ord. 26-2007 § 5; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

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 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 county or as known to the director. Service shall be effective for all purposes upon receipt if personally served, or within five 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 10, 1999].

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 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 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 11, 1999].

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 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 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 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 VI of this chapter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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. The director shall give notice of this order as provided in RCMC 16.20.400(C) 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.

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

UNSAFE BUILDING

DO NOT ENTER OR OCCUPY

It is a misdemeanor to occupy this building, remove boards, and/or to remove or deface this notice.

____________________________

Director

Neighborhood Services Division, City of Rancho Cordova

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 Chapter 16.23 RCMC.

C. Compliance. Whenever such notice is posted, or a structure boarded pursuant to Chapter 16.23 RCMC, the director shall include a notification thereof in the notice and order issued by him or her under RCMC 16.20.400(C), 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 RCMC 16.18.205. [Revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 23, 1999].

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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 24, 1999].

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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 25, 1999].

Article V. Appeal

16.20.500 General.

A. Form of Appeal. Any person entitled to service under RCMC 16.20.400(C) may appeal from any notice and order, determination or any action of the director under this chapter by filing at the office of the clerk an appeal fee established by resolution of the city council and a written appeal. The appeal shall not be deemed filed until payment of the appeal fee has been received; provided, however, by regulation adopted pursuant to RCMC 16.20.330 setting forth the standards and procedure, the appeal fee required hereby may be waived on the basis of financial hardship. The written appeal shall contain:

1. The names of all appellants participating in the appeal.

2. A brief statement setting forth the legal interest of each of the appellants in the building or land described in the notice and order, determination or action.

3. A brief statement in ordinary and concise language of the specific order, determination or action protested, together with any material facts claimed to support the contentions of the appellant(s).

4. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order, determination or action should be reversed, modified or otherwise set aside.

5. The signature of each party named as an appellant and their official mailing address(es).

6. The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.

B. Time and Filing. To be timely, the appeal fee, or basis for waiver of the appeal fee if a regulation providing therefor has been adopted, and written appeal shall be filed within 15 days from the date of the service of such order, determination or action of the director; provided, however, that if the dwelling or portion thereof is in such condition as to make it immediately dangerous to the life, health, property, safety, or welfare of the occupants, public, or adjacent property, and it is ordered vacated, and it is posted in accordance with RCMC 16.20.485(A) concerning posting of a notice to vacate, to be timely such appeal shall be filed within five days from the date of the service of the order, determination or action of the director. Only those persons who have timely filed an appeal may join or be joined in an appeal herein. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.560 Appeal hearings.

A. Appointment of Hearing Officers. The city council shall appoint active members of the State Bar of California, or any otherwise qualified individual or board, to serve as hearing officers for appeals brought under this chapter. The hearing officer appointed herein shall, where appropriate or necessary, serve as the housing appeals board as that term is used in the state housing law.

B. Processing of Appeal. Upon receipt of any appeal and appeal fee filed pursuant to this article, the clerk of the neighborhood services division shall immediately transmit a copy of the written appeal to a person appointed pursuant to this article to serve as a hearing officer.

C. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the copy of the written appeal, the following shall occur:

1. Date. The hearing officer shall fix a date, time, and place for the hearing of the appeal. Such date shall be within 15 days of the filing of the appeal and payment of the appeal fee.

2. Notice. At least five days prior to the date of the hearing, the neighborhood services division shall give written notice of the time and place of the hearing to each appellant by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, certified postage prepaid, return receipt requested, addressed to each appellant at his or her address shown on the appeal. Notice shall be effective upon personal delivery or five days after mailing.

D. Subpoena. The hearing officer of the appeal for which the attendance of a witness is required may issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed.

1. This power shall be exercised and enforced in the same manner as the similar power granted to the city council in Chapter 3 (commencing with Section 37104) of Part 2, Division 3 of the Government Code, except that such power shall extend only to matters within this chapter.

2. Reasonable fees and expenses may be provided for by city council resolution for any or all such witnesses regardless of which party subpoenaed them.

3. Subpoenas shall be signed by the appropriate hearing officer. The issuance and service of any subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness, the reasons for the needed testimony and the materiality thereof in detail to the issues involved. The issuance of a subpoena duces tecum shall be obtained upon the filing of an affidavit therefor which specifies the exact items sought to be produced, and the materiality thereof in detail to the issues involved and state that the witness has the desired things in his or her possession or under his or her control. A subpoena need not be issued when the affidavit is defective in any particular manner.

4. Any person who refuses to attend any hearing or to produce material evidence in his or her possession, or under his or her control, as required without lawful excuse by any subpoena served upon such person as provided for therein, shall be guilty of a misdemeanor.

E. Conduct of Hearing. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the type of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Hearsay evidence may be admitted for purposes of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now, or hereafter, recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.

1. Record. A record of the entire hearing proceeding shall be made by either a certified court reporter or any other means of permanent recording determined to be appropriate by the hearing officer. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established and revised from time to time by the city council.

2. Scope. Only those matters or issues specifically raised by the appellant(s) in the written appeal shall be considered in the hearing on appeal.

3. Oaths and Certification. In any proceedings under this chapter, the city council or the hearing officer has the power to administer oaths and affirmations and to certify official acts.

4. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

5. Rights of Parties. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues of the hearing even though the matter was not raised in the direct examination, to impeach any witness regardless of which party first called him or her to testify, to present rebuttal evidence and to represent himself or herself or to be represented by anyone of his or her choice who is lawfully permitted to do so. No appellant shall be required to testify without his or her consent.

6. Official Notice. Official notice of any facts which may be judicially noticed by the courts of this state may be taken in reaching a decision. The hearing officer may inspect any building or premises involved in the appeal during the course of the appeal process; provided, that (a) notice of such inspection 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 states for the record upon completion of the inspection the material facts observed and conclusions drawn therefrom. Each party shall then have the right to rebut or explain the matters so stated by the hearing officer.

F. Decision. After considering the testimony and evidence presented at the hearing, the hearing officer shall issue a written decision. The hearing officer shall state the reasons for the decision and shall send a copy of the decision to the person that requested the hearing and to the enforcement officer by certified mail, postage prepaid, return receipt requested. The decision of the hearing officer shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. The decision of the hearing officer is final and may not be appealed.

G. Stay of Order Pending Appeal. Except for vacation orders or emergency action required to protect the health and safety of the occupants or the public, enforcement of any notice and order, determination, or action of the director issued under this chapter shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

H. Right to Judicial Review. A person aggrieved by the hearing officer’s decision may obtain review of the decision by filing a lawsuit with the superior court in Sacramento County within 90 days after service of the final decision in accordance with the timelines and provisions set forth in Section 1094.6 of the California Code of Civil Procedure. [Ord. 38-2007 § 1 (Exh. 1(J)); Ord. 26-2007 § 7; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

16.20.570 Effect of failure to appeal.

Failure of any person to properly appeal, including making payment of the appeal fee in accordance with the provisions of this article, shall constitute a waiver of his or her right to an administrative hearing and adjudication of the notice and order, determination, or action, or any portion thereof. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.580 Costs on appeal.

The city may be awarded its costs, including attorneys’ fees, in defending against an unsuccessful appeal brought without substantial merit, which costs may be charged jointly and severally against the appellants and recovered as costs of enforcement as provided herein. Such an award must be based upon a finding supported by a preponderance of the evidence that the appeal was without substantial merit or was taken for the sole purpose of delay. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1066 § 10, 1997; SCC 0934 § 4, 1993].

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

16.20.600 Compliance.

A. General. After any order of the hearing officer or the director made pursuant to this chapter becomes 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 RCMC 16.18.205.

B. Failure to Obey. If, after any order of the hearing officer or the director made pursuant to this chapter has become final, the person(s) to whom such order is directed fails, neglects or refuses 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 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

Neighborhood Services Division, City of Rancho Cordova

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 Chapter 16.23 RCMC.

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 RCMC 16.18.205.

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 RCMC 16.18.205.

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 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 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. [Revised during 2008 codification; Ord. 26-2007 §§ 8, 9; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1125 § 7, 1999; SCC 1090 § 3, 1997; SCC 1075 § 5, 1997; SCC 0934 § 4, 1993].

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 Chapter 16.23 RCMC. 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 RCMC 1.01.200, the city may use all legal remedies to recover all costs, including attorney’s fees, enforcement and abatement costs and fees 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 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 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. 27-2014 § 7; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 26, 1999; SCC 1125 § 8, 1999; SCC 1066 § 11, 1997; SCC 0934 § 4, 1993].

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 Rancho Cordova treasurer, 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.750 Recovery of costs of enforcement.

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 the Rancho Cordova Municipal Code, costs of such proceedings incurred by the city may be assessed against the subject property as a lien or special assessment, pursuant to RCMC 1.01.200. 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. [Ord. 27-2014 § 8; revised during 2008 codification; Ord. 38-2007 § 1 (Exh. 1(A), (J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 27, 1999; SCC 0934 § 4, 1993].

16.20.755 Costs – Assessments.

Repealed by Ord. 27-2014. [Ord. 38-2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1146 § 28, 1999].

16.20.760 Treble costs.

Pursuant to Section 38773.7 of the Government Code, upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner is responsible for a condition that may be abated pursuant to Section 38773 et seq. 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. 38-2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

Article VIII. Housing Code Enforcement Fund

16.20.800 Establishment and definition.

Repealed by Ord. 10-2020. [Ord. 38-2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.805 Purposes of limitations.

Repealed by Ord. 10-2020. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.810 Administration.

Repealed by Ord. 10-2020. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.815 Use and disbursement of monies in the fund.

Repealed by Ord. 10-2020. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.820 Annual evaluation.

Repealed by Ord. 10-2020. [Ord. 38-2007 § 1 (Exh. 1(A)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

Article IX. Rental Housing Code Compliance Fee Requirement

16.20.900 Rental housing code compliance fee requirement.

No rental dwelling unit shall be occupied by a tenant unless there has been paid to the department the annual rental housing code compliance fee for such rental dwelling unit. [Ord. 26-2007 § 10; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

16.20.905 Payment of a rental housing code compliance fee as a condition to rental.

There is hereby established, levied, and imposed for each dwelling unit within the city which is operated as a rental dwelling unit, as defined by this chapter, an annual rental housing code compliance fee. For each such rental dwelling unit, the owner shall pay the rental housing code compliance fee to the finance department in an amount established pursuant to this chapter. [Ord. 26-2007 § 10; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4].

16.20.910 Rental housing code compliance fee.

The rental housing code compliance fee is payable annually at a time designated by the finance director. [Ord. 26-2007 § 10; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4]

16.20.915 Billing procedure.

A. The rental housing code compliance fee shall be billed for the fiscal year period to the owner of record to be payable annually at a time designated by the finance director. All charges for the rental housing code compliance fee shall be billed to 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 code compliance fee may be billed directly by the finance department.

B. Adjustments to a rental housing code compliance 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 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. 26-2007 § 10].

16.20.950 Determination of rental housing code compliance fee.

The city manager shall annually review the financial condition of the program for the purpose of making a recommendation to the city council as to whether the rental housing code compliance fee should be adjusted for the next fiscal year, and if so, by what amount. This recommendation shall be presented to the city council at the same time as the city manager’s annual evaluation of the program. The city manager shall take into consideration in this review and recommendation process the receipts deposited in the housing code enforcement fund during the preceding fiscal year from all sources, including, but not limited to, the rental housing code compliance fees and recovered costs, fines, enforcement and penalties, and the present balance of the fund in light of maintaining prudent reserves for the next fiscal year’s operating expenses. [Ord. 26-2007 § 10; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4]

Article X. Rent Escrow Account Program

16.20.1000 Title.

This article shall be known as the rent escrow account program. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 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 Rancho Cordova Municipal Code Unaffected Hereby. The provisions of this article shall not be deemed to repeal by implication any other provision of this chapter or of the Rancho Cordova Municipal 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 Rancho Cordova Municipal 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.1003 Prereview procedures.

A. Referral to Hearing Officer. The director may determine whether any building contains any untenantable dwelling unit within 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 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 10 working 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 14 and not more than 30 calendar 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 $50.00 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.1004 REAP acceptance procedure.

A. Final Determination. Within 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 of the following three 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 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 10 working 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 $50.00 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; and

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 10 working 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 $50.00 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 county 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 county 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 county recorder a certificate terminating the above-recorded status of the subject building. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 subcontractor, 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 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 department 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. 38-2007 § 1 (Exh. 1(J)); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.1007 Appeals.

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 hearings and determination of the matter. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.1008 Escrow account.

A. Within 10 working 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 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 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 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), (C), (D) and (E) of this section. Violation of subsections (B), (C), (D) and (E) of this section shall not constitute a misdemeanor.

G. The clerk shall deduct a nonrefundable administrative fee of $50.00 for each individual rent payment made into the REAP account. Only one 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. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 ground 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 12 months from the date the deficiencies noted in the citation or 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 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 a party entitled to receive same and the REAP trust account shall be closed. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 rerental of the dwelling unit. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

Article XI. Rental Housing Enforcement Fees*

* The following sections constitute the categories of fees payable to the director by the owner of a building or residential rental unit subject to the rental housing inspection program within Article XII of this chapter. Such fees shall be set by resolution of the city council and may be adjusted periodically by the city manager to cover the cost of the services provided under this chapter.

16.20.1100 Reinspection and rescheduling fees.

A. Following issuance of a notice and order (pursuant to RCMC 16.20.400) for a violation of the provisions of this chapter, upon the first 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 no fee levied against the owner(s). There shall be no reinspection fee charged for an inspection caused by any complaint if no violation is discovered.

B. Following issuance of a notice and order (pursuant to RCMC 16.20.400) for a violation of the provisions of this chapter, upon the first reinspection of a dwelling to determine whether corrective action has been satisfactorily completed, and upon a determination that corrective action has not been successfully completed by the time of such reinspection, there may be a fee levied against the owner(s) in the amount set by resolution of the city council.

C. Upon all subsequent reinspections, fees shall be levied against dwelling unit owners for previously noticed violations which have not been corrected by the time of such subsequent reinspections. Such fees shall be set by resolution of the city council.

D. An owner or his/her designee may reschedule an inspection by giving notice to the neighborhood services division manager or his/her designee at least five calendar days prior to a scheduled inspection date. An inspection may only be rescheduled to a date within 21 calendar days of the previously scheduled inspection date. Rescheduling an inspection for any particular residential rental property inspection subject to the rental housing inspection program more than once within any 12-month period, or with less than five calendar days’ notice, shall result in the imposition of a rescheduling fee. Such rescheduling fees shall be set by resolution of the city council. An owner or his/her designee shall not be charged a rescheduling fee for any particular inspection when the reason an inspection must be rescheduled is due to an occupant’s failure to provide access or refusal to provide consent to inspect the residential unit; provided, that the owner or his/her designee has used good faith efforts and legal notice to obtain such consent or secure such access pursuant to RCMC 16.20.1200. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 4; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1032 § 1, 1996; SCC 0934 § 4, 1993].

16.20.1105 Notice and order fee.

Repealed by Ord. 19-2012. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1032 § 2, 1996; SCC 0934 § 4, 1993].

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. 10-2020 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 in the amount set by resolution of the city council. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 6; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 to be set by resolution of the city council, rounded to the nearest hour for each city official involved. Such hourly rate may also be applied to fees under RCMC 16.20.1100, where there is more than one uncorrected violation found. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 7; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1059 § 2, 1996; SCC 0934 § 4, 1993].

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) 15 percent of the contract price as a contract administration fee. [Ord. 10-2020 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 set by resolution of the city council shall be levied to cover costs of small claims court filing and administration. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 8; revised during 2008 codification; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.1135 Appeal fee.

The fee for all appeals taken under this chapter shall be set by resolution of the city council. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 9; Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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 25 percent per annum of the fee. [Ord. 10-2020 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

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. 10-2020 § 3 (Exh. A); Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 0934 § 4, 1993].

16.20.1150 Closing fee.

Repealed by Ord. 19-2012. [Ord. 21-2003 §§ 2, 4; Ord. 20-2003 §§ 2, 4; SCC 1032 § 3, 1996].

Article XII. Rental Housing Inspection Program

16.20.1200 Periodic inspections.

A. The director and his or her designees may periodically inspect residential rental property in the city. Entry for inspection shall be as the result of consent from the owner or occupant, or as the result of a warrant, pursuant to RCMC 16.20.1205. Notwithstanding the foregoing, it shall be the responsibility and liability of the owner or his/her designee to obtain the consent of the occupants to inspect the subject residential rental property or otherwise obtain legal access to the subject property or rental units pursuant to the terms of the applicable lease.

B. If, upon the periodic inspection of a residential rental property, violations of applicable laws or ordinances are determined to exist, the director shall enforce the violation pursuant to this chapter.

C. Tenants of residential rental property may request an inspection of their individual units in order to ensure that the property complies with applicable state law, the California Building Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings and the Rancho Cordova Municipal Code. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 11; Ord. 26-2007 § 11].

16.20.1205 Notification of inspections – Inspection procedure.

A. A letter of intent to inspect a residential rental property shall be mailed to the rental owner or his or her designee stating the date and time of inspection. Additionally, a notice will be posted on the property by the city. Such notification shall give a minimum of 14 days’ notice and include a description of areas that will be inspected. The property may be inspected at an earlier date than noticed, upon the consent of the rental owner or his or her designee and contingent upon consent of any legal occupant or tenant.

B. Owners shall provide access to all required areas of the rental property for inspection within the time period specified in the notice of inspection. If the rental unit is legally occupied by a tenant or other occupant, the owner shall notify the tenant or occupant and request that the tenant or occupant allow entry into the unit by the city for the inspection. It shall be the responsibility of the owner to notify the individual tenants of the inspection and make every good-faith effort to facilitate access to the property to be inspected.

C. In the event the owner, his or her designee, or tenant or occupant in possession of the property to be inspected refuses access to the property, the inspector shall have recourse to every remedy provided by law to secure lawful entry and inspect the premises, including but not limited to securing an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57. The inspector shall provide notice that a warrant has been issued to both the owner/operator and the tenant or occupant at least 24 hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary under the circumstances shown.

D. Notwithstanding the foregoing, if the inspector has reasonable cause to believe that the residential rental dwelling unit is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the inspector shall have the right to immediately enter and inspect the premises and may use any reasonable means required to effect the entry and make an inspection.

E. Should an inspection need to be canceled or rescheduled, the rental owner or his or her designee shall be notified at least 24 hours prior to the scheduled inspection date. It shall be the responsibility of the rental owner to notify any tenants or occupants of a cancellation.

F. Formal Notice and Order. A formal report of the inspection results shall be mailed to the rental owner or his or her designee within 10 days of the completion of an inspection. The formal report shall include the results of the inspection. If violations are present, the director or his or her designee shall also mail and post a formal notice and order, pursuant to RCMC 16.20.400, indicating the violations, proper remedy for violations, the scheduled reinspection date and time, and any reinspection fees and costs that have been assessed.

G. Report of Inspection. Rental owners shall provide the formal report of the inspection results specified in subsection (F) of this section to tenants or occupants upon the request of tenants or occupants.

H. New Violations. Violations that were not noted on the initial inspection report but are discovered during the reinspection due to subsequent damage or deterioration shall be subject to correction. [Ord. 10-2020 § 3 (Exh. A); Ord. 19-2012 § 12; Ord. 26-2007 § 11].

16.20.1210 Exemptions.

A. Newly Constructed Buildings. Newly constructed buildings shall be exempt from this chapter for a period of five years. The exemption period shall begin to run on the date the building department issues a certificate of occupancy. [Ord. 10-2020 § 3 (Exh. A); Ord. 26-2007 § 11].

16.20.1215 Rental housing registration requirement.

A. Property Required to Register. Every residential rental property located within the city shall be registered. Rental owners shall obtain registration forms from the neighborhood services office.

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

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

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

3. Property address or addresses;

4. Type of dwelling (i.e., single-family, duplex, apartment community);

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

6. Number of buildings at each address listed;

7. Name, address and phone number to contact in case of emergency or for purposes of some necessary action by the city. The name or businesses identified as an emergency contact shall have the authority to act as the owner in cases of emergency or for purposes of allowing the director to inspect the residential rental property and/or units within the property; and

8. A valid, unexpired and unrevoked Rancho Cordova rental registration number for each residential rental property subject to the rental housing registration requirements as required by subsection (A) of this section.

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 60 calendar days of such change.

D. Use of Registration Information. All information contained on the registration form shall only be used by the city for issues related to the condition and inspection of the rental property. The information shall not be used for public dissemination. [Ord. 10-2020 § 3 (Exh. A); Ord. 26-2007 § 11].

16.20.1220 Rental housing education.

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

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

1. The rights and responsibilities of residential rental 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.

C. The rental housing management education program will be administered by the city or another qualified agency as determined by the city. Rental housing owners will be responsible for any fees associated with attending such classes.

D. Failure to attend a required education program will result in a violation of this chapter and be subject to RCMC 16.20.220. [Ord. 10-2020 § 3 (Exh. A); Ord. 26-2007 § 11].