Brentwood Municipal Code Ch. 8.44 Rental Property Inspection

The purpose of this chapter is to establish a periodic and proactive rental property inspection program for residential housing so as to protect the public health, safety, and welfare by ensuring the proper maintenance of such housing; by identifying and requiring correction of substandard housing conditions; and by preventing conditions of deterioration and blight that could adversely affect economic conditions and the quality of life in the city.

(Ord. 858 § 1, 2008)

For purposes of this chapter, the following words and phrases shall have the meanings set forth below:

"Applicable laws"

mean the provisions of this code, the provisions of any code adopted by reference by this code; permits issued by the city; conditions of development approval; or ordinances and regulations adopted by the city.

"City"

means the city of Brentwood, California.

"Deficiency"

means any failure of a rental property subject to this chapter to comply with applicable laws.

"Enforcement officer"

means a code enforcement officer or other city employee designated under Section 1.16.060 of this code to issue notices of violations and administrative citations for violations of applicable laws.

"Rental property"

means a residential dwelling within the city occupied by or intended for occupancy by a person other than the owner of record as shown on the last equalized assessment roll.

"Responsible party"

means any person or persons who has ownership or control of the rental property and shall include any of the following:

The person or persons who own (as shown on the last equalized assessment roll) the property where the violations exist;

The person or persons in charge of the property where the violation exists;

The person or persons using the property when the violation exists;

If any of the persons in subsections 1 through 3 of this section are minors, the parent or guardian of such minor; and

If the person or persons is a business entity, the manager or on-site supervisor where the violation exists, the owner, partner, corporate officer or business entity itself.

(Ord. 858 § 1, 2008; Ord. 1065, 12/12/2023)

A. The provisions of this chapter shall apply to all rental properties except those enumerated in subsection C of this section.

B. The provisions of this chapter are supplementary and complementary to other provisions of this code. Nothing in this chapter shall be construed to limit any existing right of the city to inspect rental properties and enforce violations on a more frequent basis than the time periods set forth herein.

C. The following are exempt from the provisions of this chapter:

1. Those rental properties which are exempt from municipal regulation pursuant to state or federal law or regulations, but only so long as such government ownership, operation or management or exemption from municipal regulation continues in effect;

2. All mobile homes, manufactured homes, recreational vehicles and other dwelling units located in a mobile home park;

3. Hotels and motels.

(Ord. 858 § 1, 2008)

The enforcement officer shall cause the exterior of each rental property to be inspected at least once every two years to ensure compliance with all applicable laws.

(Ord. 858 § 1, 2008)

The enforcement officer shall provide the responsible party with written notice of deficiencies noted during the inspection and/or reinspection of the rental property.

(Ord. 858 § 1, 2008)

A rental property that exhibits a deficiency or deficiencies shall be subject to re-inspections to ensure that all deficiencies are corrected.

(Ord. 858 § 1, 2008)

If any rental property is found unsafe to occupy, the costs and expenses of relocation of any tenant from that property shall be the responsibility of the property owner.

(Ord. 858 § 1, 2008)

Failure of a responsible party to comply with the written notice of deficiencies may result in the issuance of administrative citations; abatement of any nuisances; criminal and/or civil penalties; recordation of a notice of pending action; the provisions of Revenue and Taxation Code Sections 17274 and 24436.5; and/or any other enforcement method permitted by law.

(Ord. 858 § 1, 2008)

The city manager is authorized and directed to promulgate administrative procedures pertaining to the implementation and enforcement of this chapter.

(Ord. 858 § 1, 2008)

The provisions of this chapter shall be reviewed by the city council three years after its effective date in order to determine the effectiveness of its provisions and its impact on the city general fund. At that time, the city council shall determine whether to continue, amend or repeal this chapter.

(Ord. 858 § 1, 2008)