Big Bear Lake Municipal Code Art. I General Provisions

The purpose of this chapter is to provide regulations for the maintenance, sanitation, ventilation, use, occupancy and safety of apartment houses, hotels and motels in the city, in order to promote, protect and secure the public health, safety and general welfare.

(Ord. 82-72 § 1(part), 1982)

It is the intent of this chapter to provide regulation for the maintenance, sanitation, ventilation, use, occupancy and safety of apartment houses, hotels or motels, that equal or exceed all applicable state laws. It is declared that in an instance where the provisions of this chapter do not encompass all of the state regulations insofar as the limits of this chapter apply, such regulations are included and required for conformance as part of this chapter.

(Ord. 82-72 § 1(part), 1982)

The provisions of the California Health and Safety Code, Division 13, Part 1.5 and the California Administrative Code, Title 8, Chapter 9, Articles 7 and 8 and the applicable articles pursuant thereto are hereby adopted as a part of this code and are incorporated herein by reference. It shall be the duty of the city department of public health to enforce all provisions of the laws pertaining to the certificate of occupancy, permits to operate, maintenance, sanitation, ventilation, use, occupancy or safety of all apartment houses, hotels or motels.

(Ord. 82-72 § 1(part), 1982)

Except as otherwise provided in this section, all terms used in this chapter which are defined in the California Health and Safety Code, Division 13, Part 1.5 and the California Administrative Code, Title 8, Chapter 9, Articles 7 and 8 and applicable articles adopted pursuant thereto are used in this division as so defined unless from the context thereof, it clearly appears that a different meaning is intended.

The following words shall have the following meanings:

A. "Apartment" means a dwelling unit as defined in this section.

B. "Apartment house" means any building or portion thereof containing three or more apartments or dwelling units as defined in this section.

C. "Auto court" and "resort" means any area, place or tract of land where two or more single-family dwellings, or a building containing two or more apartments designed, used or intended wholly or in part for the accommodation of transients, are located and offered for hire, rent or lease by any person, firm or corporation.

D. "Dwelling unit" means one or more habitable rooms which are occupied or which are intended to be or designed to be occupied by one family with facilities for living, sleeping, eating and cooking.

E. "Hotel" means any structure, or any portion of a structure, including any lodging house, rooming house, dormitory, Turkish bath, bachelor hotel, studio hotel, public club or private club, containing six or more guestrooms and which is occupied or is intended or designed for occupation by six or more guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention or other building in which human beings are housed and detained under legal restraint.

F. "May" is permissive.

G. "Motel" means a building or buildings each containing six or more guestrooms or apartments or combinations thereof, each of which has a separate individual entrance leading directly from the outside and is designed, used and intended wholly or in part, for the accommodation of transients. Motel also includes any auto court and resort.

H. "Shall" is mandatory.

(Ord. 82-72 § 1(part), 1982)

Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by imprisonment in the city jail for a period of not more than six months, or by a fine of not more than one thousand dollars or less than two hundred fifty dollars, or by both such fine and imprisonment; provided, that no suspension of sentence or probation shall be granted to any such violator unless it is included in the terms thereof that the violator shall comply with the provisions which he has been convicted of violating and shall abate and correct the illegal conditions of which he has been convicted. The conviction and punishment of any violator shall not relieve him of liability to be compelled in appropriate civil or criminal proceedings to correct prohibited conditions. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as herein provided.

(Ord. 82-72 § 1(part), 1982)