CHAPTER 23. ENFORCEMENT OF THE EMPLOYEE HOUSING ACT

ARTICLE 1. GENERAL PROVISIONS

7-23-1000 ASSUMPTION OF AUTHORITY:

Pursuant to California Health and Safety Code section 17050, Title 25 of the California Code of Regulations sections 620 and 621, and the notice given by Tulare County Board of Supervisors Resolution No. 93-1380 to the California Department of Housing and Community Development, the County of Tulare does hereby assume responsibility for enforcement in the unincorporated areas of Tulare County of the Employee Housing Act (hereinafter referred to as the "Act"), California Health and Safety Code section 17000 et seq., as amended from time to time, and the State regulations (hereinafter referred to as the "Regulations"), propounded pursuant thereto.

7-23-1005 ENFORCEMENT:

The provisions and requirements of the Act, as amended from time to time, and all Regulations propounded thereto, except as herein provided, are hereby incorporated by reference into this Chapter as though set out in full and shall be enforced accordingly. The Planning and Development Director of the County of Tulare shall be responsible for administration and enforcement of the provisions of this Chapter.

7-23-1010 VALIDITY:

The Board of Supervisors hereby declares that should any section, paragraph, sentence or word of this Chapter or of the Act or Regulations be declared for any reason to be invalid, it is the intent of the Board of Supervisors that it would have adopted all other portions of this Chapter, the Act or the Regulations independent of the elimination from this Chapter, the Act or the Regulations of any portion as may be declared invalid.

ARTICLE 3. PERMITS

7-23-1060 PERMIT: WHEN REQUIRED:

Any person who proposes to operate employee housing as defined by the Act, the Regulations or this Chapter shall, prior to commencing such operations, obtain a permit in compliance with the Act, the Regulations and this Chapter.

7-23-1065 PERMIT: SAME:

Any permits issued by the California Department of Housing and Community Development prior to July 1, 1994, to the extent that the person holding such permit, is in compliance with the Act, the Regulations and this Chapter, shall be deemed valid and in effect and shall continue in effect in accordance with the provisions of the Act, the Regulations and this Chapter. To the extent that the person holding such permit is operating employee housing in violation of the Act, the Regulations and this Chapter, such operations shall be subject to enforcement actions by the County pursuant to the provisions of the Act, the Regulations and this Chapter.

7-23-1070 PERMIT: SAME:

Any person operating employee housing on or after July 1, 1994, without a permit as required by the Act, the Regulations and this Chapter shall be subject to enforcement actions by the County pursuant to the provisions of the Act, the Regulations and this Chapter.

7-23-1075 PERMIT APPLICATION:

(a)    Applications for the permits required by the Act, the Regulations and this Chapter shall be made to the Planning and Development Director. Such applications shall be on the forms furnished by the Planning and Development Department and shall provide all information pertaining to the operation of employee housing required by the Act, the Regulations and this Chapter and such additional information as may be required by the Planning and Development Director. Every application shall be signed by the owner and operator of the employee housing or their/his/ her/its authorized agent. Every agent shall submit evidence of authorization as may be required by the Planning and Development Director.

(b)    In addition to the foregoing, the Planning and Development Director or his/her designee may require such other and further information relevant to the employee housing as he/she may deem necessary to determine whether the application for permit should be denied or approved and a permit issued.

(c)    Each application for a permit shall be accompanied by the fees fixed by this Chapter.

7-23-1080 PROCEDURE FOR PROCESSING PERMITS:

Permits shall be processed, approved and issued by the Planning and Development Director or his/her designee in accordance with the Act, the Regulations and this Chapter. Prior to approving and issuing a permit hereunder, the Planning and Development Director or his/her designee shall determine that the employee housing and the property and facilities therefore comply with the following:

(a)    All provisions of the Act and the Regulations.

(b)    All provisions of the Subdivision Map Act, Government Code section 66410 et. seq. and the provisions of Chapter 1 (commencing with section 7-01-1000) of Part VII of this Ordinance Code.

(c)    All provisions of the Tulare County Ordinance No. 352 as amended from time to time, the provisions of any interim zoning ordinances, and provisions of Chapter 15 (commencing with section 7-15-1000) and of Chapter 19 (commencing with section 7-19-1000) of Part VII of this Ordinance Code.

(d)    All other requirements or any other provisions of State law or this Ordinance Code which are enforced by the Planning and Development Department or its Director.

ARTICLE 5. FEES

7-23-1130 FEES:

All permits and inspection fees shall be collected in full in advance before the issuance or renewal of the corresponding permit. Such fees are hereby established in accordance with section 54985 of the Government Code of the State of California, as follows:

(a)    Fees for a permit to operate employee housing shall be determined as follows:

(1)    Issuance fee of $100.

(2)    Permit to operate fee of $12.00 for each employee the operator intends to house where such housing is supplied by the operator, and $12.00 for each lot or site provided for parking of mobilehomes or recreational vehicles by employees.

(3)    Amended permit fee of $20.00 for any transfer of ownership or possession.

(4)    Amended permit fee of $20.00 and fees specified in this section for any increase in the number of employees to be housed and additional lots or sites provided for parking of mobilehomes or recreational vehicles by employees.

(b)    Fees for an exemption shall be determined as follows:

(1)    Issuance fee of $35.00.

(2)    An exemption fee of $20.00 for any transfer of ownership or possession.

(3)    Amended exemption fee of $20.00 for any transfer of ownership or possession.

(4)    Amended permit fee of $20.00 and fees specified in this section for any increase in the number of permanent housing units.

(c)    An application for a multi-year permit to operate shall be accompanied by the same fees as established for a permit to operate in subsection (a) of this section.

(d)    The fees for a permit to operate or an exemption shall be considered as inspection fees for the initial inspection of employee housing. When a reinspection is required, pursuant to section 642 of the Regulations, the operator shall pay a reinspection fee for each such reinspection as follows:

(1)    Sixty Dollars ($60.00) for the first hour.

(2)    Thirty Dollars ($30.00) for each additional 30 minutes or fractional part thereof.

(e)    Requests for technical service as provided in section 645 of the Regulations shall be submitted to the department in writing and accompanied by the technical service fee. The fees shall be determined as follows:

(1)    Sixty Dollars ($60.00) for the first hour.

(2)    Thirty Dollars ($30.00) for each additional 30 minutes or fractional part thereof.

(f)    Certificates of Non-Operation filed pursuant to section 17037.5 of the Health and Safety Code shall be accompanied by a $100.00 filing fee.

(g)    Any person operating or maintaining employee housing without first having obtained a permit to operate shall pay double the fees described for the permit to operate the employee housing.

(h)    Any person found for a second or subsequent time within five year period to be operating or maintaining employee housing without first having obtained a permit to operate shall pay 10 times the fees prescribed for the permit to operate the employee housing set forth in subsection (a) of this section. The two or more violations referenced in this paragraph may be with regard either to the same enforcement agency or to two or more different enforcement agencies.

(Amended by Ord. No. 3184, effective 6-7-97.)

ARTICLE 7. APPEALS

7-23-1180 APPEALS:

Except as otherwise provided by the Act or the Regulations, any final finding, determination or decision made pursuant to the Act, the Regulations or this Chapter by the Planning and Development Director or his/her designee may be appealed in writing to the Board of Supervisors of Tulare County pursuant to section 165 of this Ordinance Code. At the time of filing the appeal, the appellant shall pay a fee of One Hundred and Fifty Dollars ($150) to the Planning and Development Director to defray the expenses incidental to the proceedings.

ARTICLE 9. VIOLATIONS: REMEDIES

7-23-1230 VIOLATIONS:

It shall be unlawful for any person to operate employee housing contrary to or in disregard of any provisions of the Act, the Regulations and this Chapter. Any person in violation of the Act, the Regulations or this Chapter shall be deemed guilty of a separate offense for each provision violated and for each and every day, or portion thereof, during which any violation of any such provision is committed, continued or allowed.

7-23-1235 VIOLATIONS: REMEDIES:

In addition to the penalties imposed and remedies allowed under the Act and Regulations for violation of the Act or Regulations, the operation of any employee housing in violation of the Act, the Regulations or this Chapter shall constitute a public nuisance.