Chapter 15.52
RESIDENTIAL HEALTH AND SAFETY ORDINANCE*
Sections:
15.52.030 Certificate required for occupancy.
15.52.040 Resale certificate of compliance—Transfer of residential unit.
15.52.050 Resale certificate of compliance—Contents and duration.
15.52.060 Temporary resale certificate of compliance.
15.52.070 Temporary resale certificate of compliance—Contents and duration.
15.52.080 Rental certificate of compliance—Nonowner-occupied unit.
15.52.090 Noncompliance with existing codes—Correction of violations.
15.52.100 Rental certificate of compliance—Contents and duration.
15.52.110 Fees established by council resolution.
15.52.120 Availability of property for inspection.
15.52.140 Enforcement and implementation of regulations.
15.52.150 Code violations—Tenant’s right to request inspection.
15.52.160 Violation—Enforcement.
* Prior ordinance history: Ords. 86-013, 92-002, 01-005 and 04-002.
15.52.010 Short title.
This chapter shall be cited as “The residential health and safety ordinance.” (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006)
15.52.020 Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
“Administrator” means the building official for the city.
“Buyer” means the buyer or transferee, or authorized agent, who has entered into a real estate transaction agreement with the owner.
“Change in use” means to occupy a unit for other than a residence in accordance with the zoning code for the city.
“City” means the city of San Pablo, California.
“Extended stay” means those motels and hotels that advertise and are typically occupied by individuals for over thirty days.
“Inspector” means a qualified individual who has been deputized to perform inspections for the city.
“Nonowner-occupied” means any unit whose most recent occupant was not the owner.
“Occupant” means any person who occupies a unit whether as an owner, tenant or permittee of the owner.
“Owner” means the owner of record as shown on the last equalized assessment roll or the authorized agent of the owner.
“Person” means an individual, partnership, corporation or association, or rental agent of any of the foregoing.
“Representative” means an individual who has been authorized to represent the owner such as a property manager or is in lawful control of the property.
“Unit” means a dwelling unit in a single-family, two-family, or multiple-family residence building, including accessory dwelling units, extended-stay motels and hotels, boardinghouses, and similar living accommodations. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006)
15.52.030 Certificate required for occupancy.
No person shall occupy, change the use of or sell, exchange, rent, lease or otherwise permit any nonowner-occupied unit more than three years from the original construction date, or any owner-occupied unit more than ten years from the original construction date, to be occupied until a resale certificate of compliance, rental certificate of compliance, or temporary resale certificate of compliance is issued by the administrator, as provided in this chapter. Failure to obtain any certificate required by this chapter or any other violation of this chapter shall constitute a violation of local codes dealing with health, safety or building within the meaning of California Revenue and Taxation Code Sections 17274 and 24436.5, which do not allow a tax deduction for substandard housing. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006)
15.52.040 Resale certificate of compliance—Transfer of residential unit.
A. When a residential single-family, owner-occupied unit more than ten years old, or a residential nonowner-occupied unit more than three years old, is being sold, transferred, assigned, by operation of law or otherwise, the owner shall file with the administrator a written application for resale certificate of compliance on a form to be prescribed by the administrator, accompanied by the fee therefor, unless as exempted under subsection C of this section.
B. Within five working days after the application is received the owner shall request an inspection and the administrator shall cause an inspection of the property to be made for compliance with the city’s codes so as to remove or mitigate potential threats to the health and safety of the occupants or future occupants. Units that are being sold and in escrow will have first priority to be inspected. If the unit is not determined to be unsafe in accordance to the California Building Codes, the administrator shall issue a resale certificate of compliance.
C. If a residential unit has a current, valid rental certificate of compliance, and has not been sold, transferred, assigned, by operation of law or otherwise, within the past twelve months, then a resale certificate of compliance is not needed. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006)
15.52.050 Resale certificate of compliance—Contents and duration.
A. The resale certificate of compliance shall state:
1. The date of issuance;
2. The length of time the certificate shall be considered current;
3. The legal use and occupancy of the unit;
4. The address of the building;
5. The name of the person to whom it is issued; and
6. The certification that the unit complies with the provisions of applicable codes and ordinances.
B. The resale certificate of compliance shall expire upon the completion of sale, transfer, or assignment; or twelve months from the date of issuance; whichever is earlier.
C. If a residential single-family, owner-occupied unit is under ten years of age or a nonowner-occupied unit is under three years of age, the administrator shall issue a letter of exemption in lieu of a resale certificate of compliance upon request of the owner. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.042)
15.52.060 Temporary resale certificate of compliance.
A. If the owner cannot complete all work needed to remove or mitigate potential threats to the health and safety of the occupants or future occupants as specified in Section 15.52.040(B) before the anticipated date of close of escrow, the buyer may file with the administrator a written application for a temporary resale certificate of compliance. Upon approval of the application and issuance of a temporary resale certificate of compliance by the administrator to the buyer, the buyer shall assume all obligations of the owner as specified in Sections 15.52.040(B) and 15.52.070, and shall comply with the city’s codes so as to remove or mitigate the potential threats to the health and safety of the occupants or future occupants.
B. If the potential threats to health and safety are not remedied before the close of escrow, the unit shall remain unoccupied until occupancy is allowed by the building official.
C. If the unit remains unoccupied or the remaining violations are not deemed an immediate hazard to the occupants as determined by the city, the required permit shall be obtained within fifteen days of the close of escrow and the work will follow the permit timeline in accordance with current applicable codes and department polices. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.044)
15.52.070 Temporary resale certificate of compliance—Contents and duration.
A. The temporary resale certificate of compliance shall state:
1. The date of issuance;
2. The length of time the certificate shall be considered current;
3. The legal use and occupancy of the unit;
4. The address of the building; and
5. The name of the person to whom it is issued.
B. All temporary resale certificates of compliance shall be signed by the buyer and notarized. The notarized certificate and applicable documents will be recorded on the property until full compliance is achieved.
C. The temporary resale certificate of compliance shall expire upon the completion of all work needed to remove or mitigate potential threats to the health and safety of the occupants or future occupants as specified in Section 15.52.040(B), or sixty days from close of escrow, whichever occurs sooner. In a case-by-case basis, the administrator may grant extensions; the extension shall be requested in writing and specify a valid reason for the request.
D. It is a violation of this chapter and a public nuisance to rent, lease, or sublet a unit that does not have a valid temporary certificate of compliance or rental certificate of compliance. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.046)
15.52.080 Rental certificate of compliance—Nonowner-occupied unit.
A. All nonowner-occupied units more than three years old shall require a rental certificate of compliance, unless as exempted under subsection B of this section. When a unit has not previously had a rental certificate of compliance or when the period indicated on the current rental certificate of compliance has less than thirty days to expiration the owner shall file with the administrator a written application for a rental certificate of compliance on a form to be prescribed by the administrator, accompanied by the fee.
B. If a residential nonowner-occupied unit is under three years old, the administrator shall issue a letter of exemption in lieu of a certificate of compliance upon request of the owner.
C. If the residential unit has been sold, transferred, assigned, by operation of law or otherwise, within the past twelve months, and a valid resale certificate of compliance or temporary resale certificate of compliance was issued, then a rental certificate of compliance is not required for twelve months after the close of escrow, or until the expiration date of a valid rental certificate of compliance, whichever is later.
D. Within a reasonable time, not to exceed thirty days, after the application is received, the owner shall request an inspection and the administration shall cause an inspection of the unit to be made for compliance with health and safety codes. If the unit is found to be in compliance with the code and ordinances, the administrator shall issue a rental certificate of compliance. If the unit is not found to comply, then Section 15.52.090 applies. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.050)
15.52.090 Noncompliance with existing codes—Correction of violations.
A. Where an inspection discloses that the property contains code violations that threaten the health and safety of current or future occupants, the administrator shall give written notice of each violation to the owner within five days of inspection completion. Each violation in meeting a code requirement may be deemed a demerit as set forth in Section 15.52.100 and administrative procedures.
B. No resale certificate of compliance or rental certificate of compliance shall be issued to the owner until all health and safety violations are corrected.
C. If the owner fails to correct all such violations within six months after the original application was filed, a new application and fee shall be required. If a temporary resale certificate of compliance was issued and the new owner fails to correct all such violations within sixty days after the close of escrow, a new application and fee shall be required. The acceptance of such new application shall not waive the city’s right to proceed with any civil or criminal remedy for previous failures to comply with this chapter. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.070)
15.52.100 Rental certificate of compliance—Contents and duration.
A. The rental certificate of compliance shall state:
1. The date of issuance;
2. The length of time the certificate shall be considered current;
3. The legal use and occupancy of the unit;
4. The address of the building;
5. The name of the person to whom it is issued; and
6. The certification that the unit complies with the provisions of applicable codes and ordinances.
B. Rental certificates of compliance for nonowner-occupied units shall be good for periods of twelve, twenty-four, thirty-six, forty-eight and sixty months, depending on the number of demerits a property receives at time of original inspection. The following schedule of demerit points has been established by the administrator to determine the duration of the rental certificates of compliance as follows:
1. Single Family/Condominium/Townhouse.
|
Less than 8 points |
5 years |
|
Between 8—14 |
4 years |
|
Between 15—21 |
3 years |
|
Between 22—28 |
2 years |
|
More than 29 points |
1 year |
2. Multiple Units.*
|
Less than 8 points |
5 years** |
|
Between 8-14 |
4 years** |
|
Between 15-21 |
3 years** |
|
Between 22-28 |
2 years** |
|
More than 29 points |
1 year** |
* A parcel with more than one unit is considered a multiple unit.
** Multiple units are evaluated by using the average of all points for the units and adding the points for the common areas.
For example: A duplex that has twelve demerits on unit A, six demerits on unit B and two on the common area (everything outside of the living units), the average of the two units is nine and we add the two demerits from the common area for a total of eleven demerits. Based on the breakdown above, this property should have a certificate of compliance for four years.
C. The rental certificate of compliance shall be void upon a change of the use of property, or upon expiration.
D. If a residential nonowner-occupied unit is under three years old, the administrator shall issue a letter of exemption in lieu of a certificate of compliance upon request of the owner. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.060)
15.52.110 Fees established by council resolution.
All applicable fees shall be as established by resolution of the city council. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.080)
15.52.120 Availability of property for inspection.
A. The owner shall be responsible for payment and scheduling of the inspection. The initial fees shall include one initial inspection and one reinspection.
B. The owner shall be responsible for making the property available for inspection by the city by being present or by having a representative present at the time of inspection. If, due to an unforeseen circumstance, the inspection needs to be rescheduled, the owner or representative shall cancel the inspection at least forty-eight hours in advance in order to avoid a cancellation fee.
C. Should access to any unit be denied by the tenant because of illness, law or any other verifiable, legitimate reason, the owner shall reschedule the inspection at no cost to the owner.
D. If an inspection is scheduled and entry is thereafter refused or cannot be obtained, 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/representative and the tenant or occupant at least twenty-four hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary under the circumstances shown. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.090)
15.52.130 Appeals.
A. Any person aggrieved by the determination of the administrator under this chapter related to violations of the building code may appeal as described in Chapter 15.04.
B. Any person aggrieved by the determination of the administrator under this chapter related to non-building code violations of the municipal code or to general nuisance violations may appeal as described in Chapter 8.02. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.100)
15.52.140 Enforcement and implementation of regulations.
The administrator may promulgate written rules and regulations pertaining to the enforcement, interpretation, and implementation of this chapter. Nothing in this chapter shall prevent the administrator, in emergency situations, from taking such temporary action within the spirit and intent of this chapter and adopted rules and regulations. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.110)
15.52.150 Code violations—Tenant’s right to request inspection.
A tenant may request an inspection because of a suspected code violation, which has previously been reported in writing to the owner and/or their representative. The tenant must fill out a request for inspection form, which will be provided by the city, and the inspection will be performed at no cost to the owner. If the inspection discloses that the property is not in compliance with the code and ordinances and a current, valid certificate of compliance exists, such certificate of compliance shall become invalid until such time as all deficiencies are corrected. In such cases, the provisions of Section 15.52.090 shall be followed. The administrator’s determination of noncompliance may be appealed as provided for in Sections 15.04.020 and 15.52.130. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.120)
15.52.160 Violation—Enforcement.
A. Violation of any provision of this chapter shall constitute an infraction, unless otherwise indicated, and subject to enforcement pursuant to Chapter 1.08.
B. Violation of any provision of this chapter may be enforced through an administrative citation as set forth in Chapter 1.10.
C. Violations of any provision of this chapter are deemed a public nuisance and may be enforced pursuant to Chapters 1.08 and 8.02.
D. In addition to the remedies set forth above, the city may pursue civil actions in the California courts to enforce this chapter and seek costs, fines and penalties. (Ord. 2022-001 § 1, 2022; Ord. 06-016 § 1 (part), 2006. Formerly 15.52.130)