Chapter 5.62
NONOWNER OCCUPIED PROPERTY INSPECTION PROGRAM
Sections:
5.62.050 Annual inspection fee.
5.62.060 Inspections authorized—Compliance with applicable codes and standards.
5.62.070 Exterior building and site maintenance standards.
5.62.080 Interior maintenance standards.
5.62.100 Inspection procedure.
5.62.110 Report of inspection.
5.62.140 Good neighbor investment commitment.
5.62.160 Civil action—Receivership.
5.62.010 Purpose.
The purpose of this chapter is to identify substandard residential nonowner occupied property and to ensure rehabilitation or elimination of residential nonowner occupied properties that do not meet minimum building and housing code standards, exterior maintenance standards, or are not safe to occupy.
It is the intention of the city council to establish a program whereby the exteriors of residential nonowner occupied dwelling units can be inspected on a regular basis and certified as meeting minimum standards. The city endeavors to target its efforts to properties where violations exist and are a habitual condition of the property without unduly burdening responsible and prudent property owners. (Ord. 13-02 § 1 (part))
5.62.020 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
A. “Applicable codes and standards” shall mean those minimum standards governing residential rental property as contained in the San Jacinto Municipal Code, California Housing Code, California Building Code, California Fire Code, California Health and Safety Code, or the California Code of Regulations.
B. “City” shall mean the city of San Jacinto.
C. “Code enforcement” means city personnel responsible for enforcement of applicable municipal and building codes and standards. Also referred to as “code enforcement officer” and “officer.”
D. “Dwelling unit” shall have the meaning the term has in the California Building Code.
E. “Inspection fee” means a fee set forth from time to time by resolution of the city council, not to exceed the estimated reasonable cost of administering this program.
F. “Landscaping” means areas defined as the general landscape area, rights-of-way and detention or pond areas.
G. “Maintenance standards” means standards which govern the physical appearance and condition of both the exterior and interior areas of dwelling units.
H. “Nonowner occupied property” means a residential dwelling unit wherein the owner gives to another the temporary possession and use of property and the owner does not reside.
I. “Occupant” means any person who occupies a dwelling unit, as a tenant or permittee of the owner.
J. “Owner” means any individual, partnership, association, limited liability company, trust, or corporation who has title to a residential dwelling unit. “Owner” and “property owner” have the same meaning and may be used interchangeably and shall mean the owner or owners of record of real property as shown on the latest equalized tax assessment roll of Riverside County or as known to the city.
K. “Owner occupied property” means a residential dwelling unit, which is occupied by the owner.
L. “Real property” or “property” have the same meaning and may be used interchangeably, and shall mean the lot or parcel of land for which the owner has legal ownership or exercises custody or control thereof, including but not limited to any dwelling unit located thereon. For properties with more than one dwelling unit, the entire complex shall constitute one “property.” (Ord. 13-02 § 1 (part))
5.62.030 Scope.
The provisions of this chapter shall apply to all existing residential nonowner occupied property, including parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs and spas.
Code enforcement officers will conduct the initial and subsequent inspections. (Ord. 13-02 § 1 (part))
5.62.040 Exemptions.
A. Newly constructed residential buildings shall be exempt from this chapter for a period of two years. The exemption period shall begin on the date a certificate of occupancy is issued. Should a code enforcement complaint be received about newly constructed building or if a city code enforcement officer otherwise becomes aware of a potential code violation, then such building shall cease to be exempt from this chapter and the city shall be entitled to exercise any and all remedies available to the city to correct such complaint or violation.
B. Condominium units of which the ownership consists of the interior only, shall be exempt from this chapter.
C. Hotels, motels, bed and breakfasts, and other similar, short-term occupancies are specifically excluded from the provisions of this chapter.
D. Mobile home parks are specifically excluded from the provisions of this chapter. (Ord. 13-02 § 1 (part))
5.62.050 Annual inspection fee.
Property owners with buildings subject to inspection shall pay a fee in the amount set forth from time to time by resolution of the city council. The fee will be used solely to finance the cost of the inspection and the administration of this program. Should the property owner fail to pay the required fee, the city is authorized to recover it, plus accrued interest and penalties, utilizing any remedies provided by law including nuisance abatement or municipal tax lien procedures established by ordinance or state law.
At all times, the city shall retain the authority to investigate and address any violation of the applicable codes and standards. (Ord. 13-02 § 1 (part))
5.62.060 Inspections authorized—Compliance with applicable codes and standards.
Code enforcement is authorized to conduct an annual exterior inspection of residential nonowner occupied properties located within the city to identify violations of all applicable codes and standards.
Structures and premises that do not comply with the provisions of the applicable codes and standards must be altered or repaired to obtain the required level of compliance or demolished. (Ord. 13-02 § 1 (part))
5.62.070 Exterior building and site maintenance standards.
Residential nonowner occupied properties shall meet the exterior building and property maintenance standards contained in the applicable codes and standards. (Ord. 13-02 § 1 (part))
5.62.080 Interior maintenance standards.
Residential nonowner occupied properties shall meet the interior maintenance standards as defined in the applicable codes and standards. (Ord. 13-02 § 1 (part))
5.62.090 Notice.
Notice under this chapter may be provided by any of the following means:
A. Notice served upon an owner by regular mail, to the mailing address indicated on the last equalized assessment roll of the Riverside County assessor’s office or as known to the city.
B. Notice served upon an occupant by regular mail, to the occupant’s last known address.
The service of notice shall be prima facie evidence that the intended recipient noticed has knowledge of, and has permitted, nuisance activity at or upon the property. (Ord. 13-02 § 1 (part))
5.62.100 Inspection procedure.
A. After seven days following the service of notice under this chapter, the exterior of the buildings at each residential nonowner occupied property may be inspected. The property owner or occupant may request a scheduled inspection in advance of this notice.
B. For properties of sixteen (16) dwelling units or more, code enforcement may but need not contact the property owner or an agent to set an appointment for the inspection.
C. If the code enforcement officer has reason to believe that an interior inspection is warranted, notice shall be provided to the occupant and property owner stating an approximate date and time for the interior inspection.
D. If the occupant or property owner refuses permission for the code enforcement officer to access the interior of the dwelling unit, the city attorney is authorized to seek from a court of competent jurisdiction any warrant necessary to conduct the inspection.
E. At the invitation of an occupant of the property, city code enforcement officers may enter the dwelling unit for a scheduled or unscheduled inspection. (Ord. 13-02 § 1 (part))
5.62.110 Report of inspection.
Upon completion of the inspection, the code enforcement officer shall send a written report of inspection, via regular mail, to both the owner and occupant. The report of inspection shall contain an itemization of the violation(s) and set a period of time for correction ranging from twenty-four (24) hours to up to sixty (60) days. (Ord. 13-02 § 1 (part))
5.62.120 Reinspection fee.
Upon inspection or in the report of inspection, the code enforcement officer may instruct the property owner to perform work, take action, or refrain from action to ensure compliance with the applicable codes and standards. If the officer discovers upon reinspection that the work, action, or inaction requested was not performed, the owner shall be charged a reinspection fee to the extent set forth from time to time by resolution of the city council. Should the owner fail to pay the required fee, the city is authorized to recover the amount of the fee plus accrued interest and penalties utilizing any remedies provided by law. (Ord. 13-02 § 1 (part))
5.62.130 Violations.
Whenever the code enforcement officer determines that a violation of this chapter exists, the officer is authorized to follow procedures established for the abatement of nuisances, including those contained in Chapter 8.44.
Reinspections may be conducted to verify that the violations identified on the initial inspection have been corrected. Any violations that were not noted on the initial inspection report, but are discovered on the reinspection, shall be subject to correction. (Ord. 13-02 § 1 (part))
5.62.140 Good neighbor investment commitment.
Owners may enlist in the good neighbor investment commitment (GNIC) program. By enlisting in the GNIC program, a property owner may request that a city code enforcement officer conduct an inspection of the property prior to the start of each rental agreement affecting the property. The city code enforcement officer shall then provide the owner with a report detailing all code violations and identifying all recent police activity at the property. Property owners who enlist in the GNIC program shall pay a fee in the amount set forth from time to time by resolution of the city council for the provision of these reports. Property owners of newly constructed buildings may enlist in the GNIC program. (Ord. 13-02 § 1 (part))
5.62.150 Enforcement.
Each violation that continues after the set date for correction shall be subject to an administrative citation as follows: (A) a fine not exceeding one hundred dollars ($100.00) for a first violation; (B) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same code within one year; and (C) a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same code within one year.
The failure of any property owner to pay fines assessed by administrative citation, within the specified time, may result in the city’s pursuit of all legal remedies available to recover amount of the fine, penalties, and associated costs. Any person who fails to pay to the city any fine imposed pursuant to this chapter on or before the date that fine is due also shall be liable for the payment of late payment charges in the amount of twenty-five dollars ($25.00) per citation, plus interest at the maximum rate permitted by law.
Further, the city intends to utilize the provisions of California Revenue and Taxation Code Sections 17274 and 24436.5 to encourage the elimination of substandard conditions in residential nonowner occupied properties. Said section provides for the disallowance of state income tax interest, depreciation, taxes, or amortization deductions that are derived from the ownership of rental housing that is not in compliance. The city is also authorized to use the remedies set forth in the applicable codes and standards.
If after the city has pursued all available options under the law and the property still has not been brought into full compliance with applicable codes and standards, the city is authorized to use reasonable means to abate the nuisance and seek recovery from the property owner. (Ord. 13-02 § 1 (part))
5.62.160 Civil action—Receivership.
The city may petition the superior court for the appointment of a receiver over a substandard property if the property owner has failed to comply with the terms of a notice or order to repair issued by the city.
The petition may seek to authorize the receiver to rehabilitate the property, borrow funds as necessary to pay for the rehabilitation and other receivership costs, and secure any incurred debt with a recorded super-priority lien on the property.
The petition may seek a preliminary injunction that would order the property owner and other interested parties to immediately turn over possession of the property to the receiver, prohibit the owner and other interested parties from collecting income from the property, interfering with the receiver, or encumbering the property during the receivership.
The petition may seek to prohibit existing mortgages from undertaking foreclosure proceedings against the property during the receivership. (Ord. 13-02 § 1 (part))
5.62.170 Appeal process.
Any person desiring to appeal an administrative citation issued by the code enforcement officer may appeal through the process established in Section 1.28.070. (Ord. 13-02 § 1 (part))