Chapter 8.40 — RESIDENTIAL RENTAL DWELLING UNIT INSPECTION AND

MAINTENANCE PROGRAM

Sections:

8.40.010 Purpose and Findings

8.40.020 Definitions

8.40.030 Scope

8.40.040 Residential Rental Dwelling Unit Inspection Program Registration

8.40.050 Residential Rental Dwelling Unit Inspection Program Initial Phase

8.40.060 Residential Rental Dwelling Unit Inspection Program Fees and Penalties

8.40.070 Inspections

8.40.080 Local Contact Representative

8.40.090 Self-Certification Program

8.40.100 Refusal to Permit Inspection

8.40.110 Retaliatory Eviction

8.40.120 Change of Ownership

8.40.130 Regulations Nonexclusive

8.40.140 Appeals

8.40.150 Conflicts

A. The City Council of the City of Adelanto recognizes that the preservation of existing rental housing stock is of tremendous importance as is ensuring future rental housing stock. Rental housing provides needed, affordable housing for many and is a valuable asset that must be preserved and maintained. The City has a significant interest in ensuring that rental housing remains a desirable housing option for its citizens.

B. Over time rental housing often deteriorates because of intentional and unintentional neglect by property owners, managers and tenants. This deterioration often results in substandard conditions that adversely affect the economic values of neighboring structures, and that are hazardous to the public health and safety. In many cases, property owners choose not to make the necessary repairs because of cost, and tenants do not report the deficiencies out of lack of knowledge or because they fear being evicted for doing so.

C. The public interest demands that all rental housing properties comply with the minimum standards regarding the health and safety

of the public. The most effective way to seek universal compliance with the minimum standards is through routine periodic inspections of all rental housing properties. Accordingly, it is the intent of the Adelanto City Council to enact the provisions of this chapter as the basis for establishing a rental housing inspection program aimed at securing City-wide compliance of rental housing properties with minimum standards. City-wide compliance will prevent blight and ensure that all persons who live in rental housing units are provided decent, safe and sanitary housing.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

As used in this chapter, the following terms and phrases are defined as follows:

A. "Building, housing and sanitation codes or ordinances" shall refer to: the current adopted codes specified in Title 14 of the Adelanto Municipal Code, the California Fire Code and International Fire Code, all as modified, adopted and codified in the Adelanto Municipal Code. The phrase "building, housing and sanitation codes or ordinances" shall also refer to the City of Adelanto Zoning Ordinances as codified at Title 17 of the Adelanto Municipal Code, the City of Adelanto Subdivision Ordinances as codified at Title 16 of the Adelanto Municipal Code, and all provisions of California statutory law and the Adelanto Municipal Code pertaining to property- related sanitation, health, safety and nuisance, as well as state regulations promulgated pursuant to California statutory law, for which the City has enforcement authority.

B. "Director" shall refer to the City's City Manager or his/her designee.

C. "Owner" shall mean any person who owns one (1) or more residential rental dwelling units.

D. "Person" means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. The terms "person," "owner," "operator," and "landlord" may herein be used interchangeably.

E. "Residential rental dwelling unit" shall mean a building or portion of a building that is rented or leased to tenants for residential purposes on a non-transient basis (when one (1) or more tenants reside on the property or rent or lease the property for thirty (30) consecutive days or longer) and which is owned in whole or in part by a landlord. This shall include but not be limited to single-family residences, duplexes, triplexes, apartment houses, townhouse dwellings, condominiums, boarding houses, lodging houses, rooming houses, single room occupancy units, small ownership units, hotel and motel units, sober living facilities, and dormitories in the City of Adelanto.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

A. The provisions of this Chapter shall apply to all owners of one (1) or more residential rental dwelling units located within the City of Adelanto.

B. The provisions of this Chapter shall not apply to: legal accessory dwelling units, rooms rented to single individuals in an owner- occupier single family residence, or hotel or motel units subject to the transient occupancy tax ordinance codified at Chapter 3.40 of the Adelanto Municipal Code.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15; Am. Ord. 543, Section 2, 2/24/16.]

A. Each owner or operator, on behalf of the owner, shall initially register for the residential rental dwelling unit inspection program on a form provided by the City's Code Compliance Department. Initial registration of residential rental dwelling units which are subject to this Chapter shall be due within sixty (60) days of the effective date of this Ordinance. Registration of residential rental dwelling units which become subject to this Chapter after the effective date of this Chapter shall be due within sixty (60) days of the date that the residential rental dwelling unit was acquired or converted into a residential rental dwelling unit.

B. All registrations shall be subject to verification by the Director. All information on said registrations shall be submitted under penalty of perjury. Any person who makes a false statement in the registration or submits false information in connection with a registration shall be guilty of an infraction.

C. Each owner or operator, on behalf of the owner, may apply for the Residential Rental Dwelling Unit Inspection and Maintenance Self-Certification Program ("Self-Certification Program") after completing an initial inspection on a form provided by the City's Code Compliance Department.

D. Each owner shall obtain a City Business License and pay the required fee required of Hotels, Motels, and Other Rental Units pursuant to Adelanto Municipal Code Chapter 5.04.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

During the initial phase of the Residential Rental Dwelling Unit Inspection Program, every residential dwelling unit shall be inspected by City inspectors ("Program Initial Phase"). The City will endeavor to inspect every residential dwelling unit within the first year after this Chapter goes into effect or as soon as possible thereafter. During the Program Initial Phase all other provisions of this Chapter, including but not limited to registration requirements and Program fees will be in effect. The Self-Certification Program will only be available for residential dwelling units that successfully complete an initial inspection.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

A. Each annual registration for the residential rental dwelling unit inspection program shall be accompanied by a non-refundable fee in the amount established by Resolution of the City Council. The fee shall be used to defray the costs of the administration and enforcement of this Chapter.

B. If a residential rental dwelling unit is approved in the Self-Certification Program an annual self-certification fee in the amount established by Resolution of the City Council will be required. The fee shall be used to defray the costs of the administration and enforcement of the Program. If a residential rental dwelling unit is not approved in the Self-Certification Program an annual inspection fee for an annual inspection in the amount established by resolution of the City Council will be required. The annual inspection fee includes the cost of the annual inspection and one compliance re-inspection, if necessary. If the owner fails to correct any found violations by the first compliance re-inspection, the owner shall pay a re-inspection fee for the second and subsequent compliance re-inspections in the amount established by Resolution of the City Council. All fees are non-refundable.

C. The annual residential rental dwelling unit program fee shall be levied for the calendar year and each applicant must pay the full fee for the calendar year upon submission of the application for that year's residential rental dwelling unit registration. For residential rental dwelling units which become subject to this Chapter after July 1 of the calendar year, program fees shall be reduced by one-half.

D. The residential rental dwelling unit program fee required by this Chapter is in addition to and not in lieu of any general business license fee or tax that might be required by Chapter 5.04 of this Code.

E. Penalties.

1. Failure to Pay Annual Fee. In addition to any remedies the City may elect to pursue pursuant to the provisions of this Code for

failure to pay the annual residential rental dwelling unit program fee when due, the Director shall add a penalty of twenty (20) percent of the permit fee on the first day of the month following the due date and ten (10) percent for each month thereafter while the fee remains unpaid, provided that the amount of the penalty shall not exceed fifty (50) percent of the amount of the fee due.

2. Failure to Register. If an owner fails to register for the residential rental dwelling unit inspection program as required by this

Chapter the fee due shall be that amount due and payable from the first date when the person engaged in the residential rental business in the City after the effective date of this Chapter, together with the penalty prescribed in subsection E.1. Additionally, the Director may choose to refuse to establish water service for residential rental dwelling units that fail to register under this Chapter. For residential rental dwelling units that fail to register and already have water service, the Director may choose to terminate water service in accordance with applicable law.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

A. In accordance with the requirements of this Section the City shall be authorized to periodically conduct an inspection of residential rental dwelling units to assure compliance with all applicable building, housing and sanitation codes and ordinances. Owners shall provide access to all required areas of a residential rental property for inspection within twenty-one (21) calendar days of an inspection request from the City's Planning and Community Development Department. This time period may be extended upon the approval of the Director or his or her designee. If the residential rental dwelling 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 the inspection. The owner shall not be in violation of this Section if the tenant or occupant refuses to allow the inspection. In the event that the tenant or occupant refuse to allow access for inspection, the City may exercise any legitimate authority to obtain access including, but not limited to, a court order or search warrant. Notwithstanding the foregoing, the designated public safety officials of the City, may enter the subject property if exigent circumstances exist, as detemined by the public safety officials, without a court order or search warrant.

B. Frequency of Inspections.

1. Initial Inspections and Subsequent Inspections.

a. It is the intent of the City that all residential rental dwelling units subject to this Chapter as of the effective date of this Chapter

will receive an initial inspection and subsequently an annual inspection, subject to the twenty-one (21) day notice required by subsection A., provided that residential dwelling units who register for the Self-Certification Program after completing the initial inspection will not require annual inspections.

b. Well-maintained properties eligible to participate in the Self-Certification Program will have reduced inspections as outlined in

Section 8.40.090 for a period of five (5) years as long as the residential rental dwelling units' condition do not deteriorate during that time to the extent that the property would no longer meet the Self-Certification eligibility standards.

c. Any residential rental dwelling unit which becomes subject to this Chapter after the first year of the program shall receive an

inspection within ninety (90) days of the date of registration. After successfully completing this initial inspection, the residential rental dwelling unit shall become eligible for Self-Certification Program.

2. Subsequent Inspections.

a. If during the inspection or any subsequent inspection there are building, housing or sanitation code or ordinance violations, or

permit violations, on the property which prevent the City inspector from issuing a rental housing inspection certification one or more re- inspections of the property may be required before a rental housing inspection certification is issued.

C. Code Enforcement. When during an inspection, a building, housing or sanitation code or ordinance violation is noted, as a courtesy prior to undertaking formal code enforcement action, the City inspector shall document the violation, advise the owner or operator of the violation and of the action which must be undertaken and completed in order to remedy the violation and schedule a re- inspection to verify correction of the violation. If upon re-inspection the violation has not been corrected, the City inspector may report the violation for code enforcement pursuant to the provisions of this Code. If upon receipt of the courtesy notice from the City inspector, the owner or operator advises that he or she will not proceed to correct the violation, the violation shall then be immediately reported for code enforcement.

D. Rental Housing Inspection Certification. Upon the successful completion of an inspection, subsequent inspection or re-inspection of the residential rental dwelling unit establishing that the property and its occupancy are in compliance with all applicable building, housing and sanitation code or ordinance requirements, the City shall issue to the owner or operator a rental housing inspection certification verifying code/ordinance compliance and specifying a one (1) or, for properties which qualify for the Self-Certification Program, a five (5) year time period during which the certification will remain valid and during which the residential rental dwelling unit shall not be subject to a subsequent inspection. Notwithstanding the foregoing a rental housing inspection certification shall not preclude code enforcement or investigation on the property if during the rental housing inspection certification period a code violation on the property is reported to the City or otherwise observed by the City on the property.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15; Am. Ord. 543, Section 2, 2/24/16.]

A. All owners of a residential rental dwelling unit shall designate a local contact representative with full authority to act on behalf of the owner for all purposes under this chapter, including the communication and acceptance of service of all notices from the City, the scheduling of inspections, and point of contact to remedy any violations. The owner of the residential rental dwelling unit may act as the local contact representative.

B. A local contact representative must establish and maintain a residence or business address within one hundred (100) miles of the residential rental dwelling unit. This requirement applies to all owners, including but not limited to individuals, corporations, and financial institutions.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

A. Well-maintained properties with no existing violations of building, housing and sanitation codes or ordinances or no past violations of building, housing and sanitation codes or ordinances within the past three (3) year period and that successfully complete an initial inspection by City inspectors may qualify to participate in the Residential Rental Dwelling Unit Inspection and Maintenance Self- Certification Program ("Self- Certification Program").

B. For qualifying participants, the number of inspections will be limited to twenty (20) percent of the total units on each property or limited to an inspection of one-unit total in residential rental dwelling units consisting of three (3) units, including multiple single family dwellings at separate locations, not more often than once every five (5) years, provided the residential rental dwelling units' conditions do not deteriorate during that time to the extent that the property would no longer meet the property eligibility standards. If violations are found, more or all of the owner's units may be inspected. The owner shall be required to pay an annual non-refundable Self- Certification Fee and conduct an annual self-inspection of each residential rental dwelling unit as discussed below.

C. Upon receipt of the request to participate in the Self-Certification Program, the Director shall determine if the residential rental dwelling units have not had any code violations over the past three (3) years. If the application qualifies the owner or operator, on behalf of the owner, shall pay the Self-Certification Program annual non-refundable fee and the Director shall schedule the reduced inspections as outlined in B. above for the next five (5) years.

D. In order to maintain eligibility in the Self-Certification Program, the owner or operator, on behalf of the owner, shall conduct an annual self-inspection of all the residential rental dwelling units, including exterior conditions and site conditions, and certify under penalty of perjury that the conditions at the property achieve the minimum standards listed on the Self-Certification Program Checklist. All information on said Self-Certification Checklist shall be submitted under penalty of perjury. Any person who makes a false statement in the Self-Certification Checklist or submits false information in connection with a Self-Certification Checklist shall be guilty of an infraction. The owner shall not be in violation of this section if the tenant or occupant refuses to allow the Self-Certification inspection by the owner. The owner shall provide the City a signed statement from the tenant/occupant that the inspection was refused. If the tenant refuses to sign the statement, the owner shall provide proof, under penalty of perjury, that a request to inspect was served and it was not permitted by the tenant.

E. If the Director determines that a residential rental dwelling unit is not eligible to participate in the Self-Certification Program, then all the residential rental dwelling units on a same property shall be inspected and the owner shall be assessed the full annual inspection fee established by resolution of the City Council.

F. Each owner or operator, on behalf of the owner, shall be required to maintain a copy of the annual signed and dated Self- Certification Program Checklist for each unit for the five (5) year period and provide said list within seventy-two (72) hours upon request of the Director or his/her designee. Failure to maintain complete signed checklists may result in disqualification from the Self-Certification Program for all rental properties of that owner for a period of up to three (3) years. A copy of the annual signed and dated Self- Certification Program Checklist shall be provided to the tenant(s) of each residential rental dwelling unit inspected within five (5) working days upon request of the tenant(s).

G. Nothing in the Self-Certification Program shall be construed or interpreted as limiting the City's authority to investigate and compel the abatement of any building, housing and sanitation codes or ordinance violations.

H. Any property that participates in the Self-Certification Program may be removed from the program for three (3) years, at any time if that property fails to meet all of the interior and exterior standards designated on the Self-Certification Program Checklist or fails to meet building, housing and sanitation codes or ordinances as defined in this Chapter. Each owner or operator, on behalf of the owner, will be given reasonable time by the Director to correct the violations and remain in the Self-Certification Program. This time period could be thirty (30) to ninety (90) days, however for immediate life safety violations the time lines will be less to address the urgency of the situation. Upon removal from the program, the difference between the Self-Certification Program fee and full annual program fee shall be due and payable.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

A. 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/operator and the tenant or occupant at least twenty-four (24) hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary under the circumstances shown.

B. 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.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

It shall be unlawful for a landlord to recover possession of a residential rental dwelling unit in retaliation against a tenant for exercising his or her right to file a complaint with the City advising that a building, housing or sanitation code or ordinance violation or permit violation may exist on the property.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

When ownership of a residential rental dwelling unit changes, either the prior owner shall notify the Director of this event prior to the consummation of the sale or recordation of an instrument of conveyance with the San Bernardino County Recorder's office or the new owner within sixty (60) days after consummation of the sale or recordation of an instrument of conveyance with the San Bernardino County Recorder's office. If the Director is not so notified, the existing rental housing inspection certification for the residential rental dwelling unit shall automatically terminate and be null and void. The new owner will not have to pay the program fees until the following calendar year provided all fees were paid by for the residential rental dwelling unit.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

The provisions of this Chapter regulating residential rental dwelling unit are not intended to be exclusive and compliance with this Chapter shall not excuse noncompliance with any other applicable provision, requirement, or regulation of this Code or any applicable state and federal law. Nothing in this Chapter shall limit or preclude inspection conducted by the Fire Department inspectors for compliance with Fire Codes.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

A. Any appeal of a decision by a City inspector or other City official that a residential rental dwelling unit is in violation of a building, housing or sanitation codes or ordinances is appealable pursuant to the procedures set forth in this subsection. The appeal must be in writing and filed within ten (10) calendar days from the date of the decision with the appeal fee established by resolution of the City Council. The appeal shall specifically identify the decision which is the subject of that appeal and the reasons why, in the appellant's opinion, the decision is clearly erroneous. Failure of the Director to receive a timely notice of appeal constitutes a waiver of the right to contest any such decision. In this event, the decision is final and binding. Appeals under this subsection shall be heard as follows:

1. The City shall set the date and time for the administrative hearing not less than seven (7) calendar days and not more than

ninety (90) calendar days from the date the notice of appeal is filed and in the event a fine is being appealed, the fine is deposited with the City, provided, however, that no hearing to contest an administrative fine shall be held unless the full penalty amount has been deposited in advance. The administrative hearing will be conducted by the City Manager or his/her designee. If the responsible party fails to attend the scheduled hearing, the hearing will proceed without the responsible party; and he or she will be deemed to have waived his or her right to an administrative hearing.

2. Upon the conclusion of the hearing, the Hearing Officer shall, on the basis of the evidence presented at the hearing, determine

whether the decision should be upheld, or whether the decision was clearly erroneous and therefore should be modified or reversed. The determination of the Hearing Officer shall be final.

3. A copy of the Hearing Officer's decision shall be served upon the owner or operator of the residential rental dwelling unit by

United States mail or by personal delivery within ten (10) days.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

If the provisions, requirements, or regulations of this Chapter conflict with or contravene any other provision, requirement, or regulation of this Code, the provisions, requirements, or regulations of this Chapter shall prevail as to all matters and questions arising out of the subject matter of this Chapter.

[Ord. No. 534, 5/13/15; Am. Ord. 536, Section 1, 10/28/15.]

CHAPTER 8.50

[Repealed]