Antioch Municipal Code Art. 2 General Provisions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMUNITY DEVELOPMENT DIRECTOR. The Director of Community Development or his or her designee.

PROPERTY OWNER. A person, persons, corporation, partnership, limited liability company, or any other entity holding fee title to the subject real property. If more than one person or entity owns the subject real property, "property owner" refers to each person or entity holding any portion of the fee interest in the property, and the property owners' obligations in this chapter are joint and several as to each property owner.

RENTAL DWELLING UNIT. Any building or portion of a building in the city that contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, which is hired, rented or leased by a person within the meaning of Cal. Civ. Code § 1940. A "rental dwelling unit" includes a single family dwelling, either attached or detached, or a unit in a multifamily or multipurpose dwelling, or a unit in a condominium or cooperative housing project, or any room or group of rooms located within a dwelling and forming a single unit with facilities that are used or intended to be used for living, sleeping, cooking or eating. The definition of “rental dwelling unit” applies to any dwelling space that is actually used or available for residential purposes whether or not the residential use is legally permitted.

SUBSTANDARD CONDITION. A rental dwelling unit or its premises that is:

(1) Not in compliance with the California Building Standards Codes as adopted in Title 8 of this Code, including the building, electrical, plumbing, and mechanical codes; the Uniform Housing Code as adopted in Title 8 of this Code; Cal. Civ. Code § 1941 et. seq.; the State Housing Law (Cal. Health and Safety Code § 17910 et seq.); or the exterior maintenance standards and site maintenance standards established by Title 5, Chapter 1 of this Code.

(2) Unsafe to occupy pursuant to the Uniform Housing Code, as modified; or

(3) In violation of any provision of this Municipal Code, including but not limited to this Chapter, Chapter 10 of Title 4, "Abandoned, Wrecked, Dismantled or Inoperative Vehicles," Chapter 1 of Title 5, "Property Maintenance" and Chapter 3 of Title 6, "Solid Waste and Rubbish."

(Ord. 1099-C-S, passed 8-14-07)

(A) This chapter applies to all existing rental dwelling units, as defined in this chapter, except as set forth in § 5-20.203. This chapter also applies to the premises on which these units are located, including parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.

(B) The provisions of this chapter are supplementary and complementary to other provisions of this code and applicable state and local regulations and statutes. Nothing in this chapter may be construed to limit any existing right of the City of Antioch to abate nuisances or to enforce any provisions of applicable law, statute, or this code, including provisions of uniform codes adopted by reference in this code. These provisions include, but are not limited to, the California Building Standards Codes as adopted in Title 8 of this code, including the building, electrical, plumbing, and mechanical codes and the State Housing Law (Cal. Health and Safety Code § 17910 et seq).

(Ord. 1099-C-S, passed 8-14-07)

(A) All mobile homes, manufactured homes, recreational vehicles, and other dwelling units located in a mobile home park are exempt from this chapter.

(B) Hotels and motels are exempt from this chapter. This exception does not apply to residential hotels as defined in Cal. Health and Safety Code § 50519(b)(1).

(C) Units that are unavailable for rent as indicated by a statement that the property owner has submitted to the Community Development Director that the Rental Dwelling Unit is not offered or available for rent and that prior to offering or making available the unit as a rental dwelling unit, the property owner will notify the city and submit an enrollment package and associated initial inspection. Property owner shall sign such statement under penalty of perjury.

(D) Housing accommodations which a government unit, agency or authority owns, operates, or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation. This exception shall not apply once the governmental ownership, operation, or management regulation is discontinued. This exemption shall not apply to privately owned residential housing units that have a portion or all of the rent paid through a government subsidized housing program.

(E) Newly constructed buildings containing more than four rental units for a period of five years commencing on the date the Building Official issues a certificate of occupancy for the first unit on the property unless complaints are received in which case the property would immediately be subject to this chapter and lose its exemption. A similar grace period is not established for single-family rental units.

(Ord. 1099-C-S, passed 8-14-07)

This chapter is administered and enforced as deemed necessary by the Community Development Director. The Community Development Director may establish procedures implementing this chapter.

(Ord. 1099-C-S, passed 8-14-07)

Every property owner of a rental dwelling unit is required to complete and submit the registration packet that will be mailed to the property owner at the last known address as it appears on equalized tax assessment rolls of the county. Failure to submit completed registration within 30 days shall be a violation of Municipal Code.

(Ord. 1099-C-S, passed 8-14-07)