Citrus Heights Municipal Code Div. 3 Property Maintenance

In addition to any other condition constituting a nuisance, it shall be unlawful and a nuisance for any person owning, occupying, leasing or having charge or possession of any property in the city to maintain or allow to be maintained on such property any of the following conditions:

(1) The exterior accumulation of weeds, rank growths, dirt, litter, rubbish or debris which is visible from a public or private street, sidewalk or right-of-way.

(2) Broken, abandoned or discarded furniture or other household equipment, appliances, or fixtures, packing boxes, lumber, junk, trash, rubbish, or other materials or debris, which are visible from a public or private street, sidewalk or right-of-way, including the dumping, spillage or storage of solids or liquids which adversely affect the aesthetic or olfactory nature of the area.

(3) Buildings, fences or other structures; the exterior walls; or windows, which are visible from a public or private street, sidewalk or right-of-way, containing graffiti or other inscribed material or which are cracked, broken, leaning, fallen, decayed, deteriorated or defaced.

(4) Neglected or improperly maintained landscaping, visible from a public or private street, sidewalk or right-of-way, including but not limited to dead, debris laden, weed infested or overgrown vegetation, such as trees, shrubs, hedges, grass and ground covers; vegetation dying as a result of physical damage, disease, insect infestation or lack of water; or the removal or failure to maintain in good condition any landscaping required as a condition to any permit or development approved or included in the project plans or application, without city approval. However, the provision as to dead or dying vegetation due to lack of water shall not to be enforced during a drought year, as determined by the city. Neglected, improperly maintained, and overgrown landscaping and/or vegetation for purposes of this subsection includes but is not limited to a lawn area with 50 percent or more of its area exceeding 12 inches in height.

(5) Buildings for human use or occupancy that are boarded by voluntary action of the owner or as a result of enforcement activity by the city, which are not rehabilitated within 90 days after the building is boarded.

(6) Buildings designed for human use or occupancy that stand vacant for more than 90 consecutive days, unless the director finds in writing that any of the following applies:

a. The building is the subject of an active building permit for repair or rehabilitation and the owner is progressing diligently to complete the repair or rehabilitation.

b. The building meets all codes; does not contribute to blight; is ready for occupancy; and is actively being offered for sale, lease, or rent.

c. The building does not contribute to and is not likely to contribute to blight because the owner is actively maintaining and monitoring the building so that it does not contribute to blight. Active maintenance and monitoring shall include:

1. Maintenance of landscaping and plant materials in good condition.

2. Maintenance of the exterior of the building, including but not limited to paint and finishes, in good condition.

3. Regular removal of all exterior trash, debris and graffiti.

4. Maintenance of the building in continuing compliance with all applicable codes and regulations.

5. Prevention of criminal activity on the property, including but not limited to use and sale of controlled substances, prostitution and criminal street gang activity.

(7) Where visible from a private or public street, sidewalk or right-of-way, the exterior storage or maintenance of parts or machinery of any type or description unless specifically authorized by a city license or permit; building materials or merchandise unless specifically authorized by use permit; or construction equipment or garbage bins except while excavation, construction or demolition operations covered by an active building permit or other city permit are in progress on the subject or adjoining property. However, division 4 of this article shall apply to situations involving such nuisances and the abatement thereof.

(8) The exterior storage of five or more used tires or the storage of any number of used tires in a manner that allows any accumulation of water or creates a fire hazard.

(9) The parking or storage of any vehicle, boat, trailer, camper, motor home or other mobile equipment, whether or not motorized, or portions or parts and components thereof, on property used or zoned for residential purposes, if either:

a. Located on any front lawn, front yard or street side yard; provided, however, that such parking or storage of a legally registered and operable vehicle, boat, trailer, camper, or motor home shall be allowed in front or side street yards on required parking spaces or on paved driveways leading directly from approved and permitted curb cuts to required garages, carports or other required off-street parking spaces, if such vehicle, boat, trailer, camper or motor home is located totally on private property and does not extend into or block any public right-of-way; or

b. Located in any side or rear yard so as to prevent a three-foot-wide continuous fire accessway from the front of the property.

(10) The use of any trailer, camper or motor home for residential occupancy except on property zoned for mobile home parks or camping.

(11) Any unmounted camper shell visible from a public street, sidewalk or right-of-way.

(12) Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious or potentially injurious to the public health, safety and welfare or to adjacent properties.

(13) Obstruction or encroachment upon any public property, including but not limited to any public street, sidewalk, highway, right-of-way, and park or building, without prior city consent. Such obstructions or encroachments include but are not limited to overgrown trees and shrubs, building materials, merchandise or other personal property, and buildings or portions of buildings or structures protruding onto public property.

(14) Use of property in a residential district for the purpose of performing major vehicle repair.

(15) Use of property in a residential district for the purpose of performing minor vehicle repair or maintenance where any of the following conditions exists:

a. The repair is conducted on vehicles registered to persons not currently residing on the property;

b. The repair is conducted outside of a fully enclosed structure and results in a vehicle being inoperable for more than 24 hours; or

c. For a profit, except where such use constitutes a legal nonconforming use pursuant to the city zoning code.

(16) Maintenance of any combustible material or substance which, because of its quantity, concentration or physical, chemical or infectious characteristics, may either cause or substantially contribute to an increase in mortality or serious illness or pose a significant present or potential hazard to human health or the environment if improperly managed.

(17) Any condition recognized in law or in equity as constituting a public nuisance.

(18) Any condition constituting a "substandard building" under Health and Safety Code § 17920.3.

(19) Any condition constituting a "dangerous building" under section 302 of the Uniform Code for the Abatement of Dangerous Buildings (dangerous buildings code) as adopted by the city; provided, however, that the dangerous buildings code shall apply to the abatement of "dangerous buildings."

(20) The making or continuing or causing to be made and continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of the neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(21) The illegal sale of controlled substances and/or other illegal drugs and/or substances which creates a public nuisance as defined in Civil Code §§ 3479 and 3480 and Health and Safety Code § 11570.

(22) The illegal use of controlled substances and/or other illegal drugs and/or substances or substances injurious to health which create a public nuisance as defined in Civil Code §§ 3479 and 3480 and Health and Safety Code § 11570.

(23) The frequent gathering, or coming and going, of people who have an intent to purchase or use illegal drugs and/or controlled substances on the premises.

(24) The occurrence of prostitution, as defined in Penal Code §§ 11225 and 11230.

(25) The unlawful activities of a criminal street gang, as defined in Penal Code §§ 186.22, 186.22a and 186.25 and Health and Safety Code § 11570.

(26) The firing or discharging of a firearm by any person on any premises within the city, except as otherwise authorized by law.

(27) The existence of any property condition which is unlawful or declared to be a public nuisance pursuant to any other section in the Citrus Heights Code. This subsection shall be construed to place an affirmative duty on property owners and occupants to maintain their property in conformity with all applicable codes. The city shall have the power to require property owners and occupants to bring their property into compliance with applicable codes, regardless of whether or not the building is occupied.

(Ord. No. 2002-04, § 2(16B.05.01), 5-8-2002)

(a) It shall be unlawful and a violation of this article for any person to construct, enlarge, alter, repair, move, improve, remove, or convert or demolish, equip, use or occupy or maintain any building or structure deemed to be in violation of this division or cause or allow such to be done in violation of this division or contrary to any notice, order, permit or entitlement issued by the director or the building official.

(b) A person shall be charged with a separate offense for each day during any portion of which such person commits, continues, maintains, or permits a violation of this division.

(Ord. No. 2002-04, § 2(16B.05.02), 5-8-2002)

(a) Responsibility of owner. When the director determines that a residential building must be vacated and is not habitable or is in such a condition as to declare it imminently dangerous to life, limb, health, property or safety of its tenants, the general public or adjacent property, the property owner will be responsible for the following:

(1) Paying costs associated with the relocation of affected tenants. These costs will include one of the following:

a. The immediate payment by cashier's check or money order of two months' fair market value rent for a comparable residential rental dwelling, that is safe and legal, without pending enforcement action, to be paid directly to the property owner/manager of the relocation dwelling. The property owner is also responsible for reasonable moving and storage costs; or

b. Other arrangements of equal benefit as the arrangements set forth in subsection (a)(1)a of this section, which are agreeable to the tenant as evidenced by a written agreement between the tenant and property owner and executed by the tenant and property owner. Such an agreement shall, at a minimum, contain each of the following components:

1. The names of the tenants of the dwelling being vacated and the name of the adult person designated as the head of household;

2. The specific address of the dwelling, including a unit number, which the tenant must vacate;

3. A statement of the amount of the relocation payment or other benefit conferred on the tenant;

4. If the tenant will not receive a relocation payment, an express statement of waiver from each affected tenant; and

5. The address to which the tenant will relocate.

(2) Establishing proof of compliance. The property owner shall provide to the director a copy of the cashier's check or money order necessary for relocation and receipt signed by the new property owner/manager or, in the alternative, a copy of the signed agreement between the property owner and tenant evidencing an alternative arrangement pursuant to this section. The property owner shall provide the required documents to the director within five days of the date the tenant vacates the property.

(b) Exceptions. The property owner is not required to provide relocation if, based upon written documentation submitted by the property owner, the director finds in writing that:

(1) The tenant is in default of rent at the time the dwelling is to be vacated;

(2) The tenant refuses to vacate after timely payment of the relocation benefit;

(3) The tenant has caused or substantially contributed to the conditions giving rise to the need for abatement; or

(4) The building becomes unsafe or hazardous due to recent events that are beyond the control of the property owner, and the owner's action or inaction did not contribute to the impact on the building.

(c) Failure to perform. If the property owner is responsible for relocation and fails to comply with the conditions outlined in this section, a certificate of nuisance and/or a lien for the actual costs of relocation and enforcement actions will be assessed against the property.

(Ord. No. 2002-04, § 2(16B.05.017), 5-8-2002)

Violations of this division are hereby declared to be infractions; however, notwithstanding any other section of this article or state law, any such violation may, in the discretion of the prosecuting attorney, be charged and prosecuted as a misdemeanor. A conviction of an infraction shall only be punishable by fine as provided in section 1-21. Any person convicted of a misdemeanor shall be punishable as provided in section 1-21.

(Ord. No. 2002-04, § 2(16B.05.018), 5-8-2002)

The director is authorized to issue a notice of administrative violation under the circumstances more fully described in division 2, subdivision II, of this article.

(Ord. No. 2002-04, § 2(16B.05.019), 5-8-2002)

The director is authorized to record a certificate of nuisance against any property on which a public nuisance exists declaring the existence of the nuisance and describing it and noticing the pendency of the action or proceeding to abate the nuisance. When such a certificate has been recorded and the nuisance is later abated, a notice shall be recorded declaring the nuisance abated.

(Ord. No. 2002-04, § 2(16B.05.020), 5-8-2002)

Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this division, except for conditions abated pursuant to Health and Safety Code § 17980, a court may order the owner to pay treble the costs of the abatement, as authorized by Government Code § 38773.7. Costs of abatement shall include without limitation by reason of enumeration all administrative costs of the city.

(Ord. No. 2002-04, § 2(16B.05.021), 5-8-2002)

Under this division, the director may seek such civil penalties and other relief as may be awarded under the unfair competition laws, Business and Professions Code § 17200 et seq.

(Ord. No. 2002-04, § 2(16B.05.022), 5-8-2002)

Under this division, the director may seek a court order that the owner not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation or amortization paid in association with the cited dwelling in accordance with Health and Safety Code § 17980.7(b) and Revenue and Taxation Code §§ 17274 and 24436.5.

(Ord. No. 2002-04, § 2(16B.05.023), 5-8-2002)

Under the state housing law, a person convicted of maintaining a substandard building two or more times within a five-year period may be punished by a fine not exceeding $5,000.00 and imprisonment not exceeding six months. Under certain circumstances, a repeat offender may be punished by imprisonment of not less than six months and not more than one year.

(Ord. No. 2002-04, § 2(16B.05.024), 5-8-2002)

Notwithstanding any other section of this division to the contrary, whenever it is determined that a public nuisance as defined by this division is so imminently dangerous to life or other property that such condition must be immediately corrected or isolated, the director may institute the following procedures:

(1) Notice. The director shall attempt to make contact through a personal interview with the property owner or the person, if any, occupying or otherwise in real or apparent charge and control the building or property at issue. If contact is made, the director shall notify such person of the danger involved and require that such condition be immediately removed, repaired or isolated so as to preclude harm to any person or property.

(2) Abatement. If the director is unable to make contact as required by this section or if the appropriate persons after notification by the director do not take action as specified by such official within 72 hours, or a lesser period if deemed necessary, the director may, with the approval of the city manager, take all steps necessary to remove or isolate such imminently dangerous condition, with the use of city forces or a contractor retained pursuant to this division; provided, however, that summary abatement shall be limited solely to those matters which are imminently dangerous to life or other property, and additional abatement, if necessary, shall utilize this subdivision.

(3) Recovery of costs. The director shall keep an itemized account of the costs incurred by the city in removing or isolating such condition, including but not limited to administrative costs and relocation costs, if any, paid by the city. Such costs may be recovered to the same extent and in the same manner that abatement costs are recovered pursuant to sections 50-237 and 50-238.

(Ord. No. 2002-04, § 2(16B.05.03), 5-8-2002)

The director may initiate abatement proceedings if conditions in violation of this division are found to exist. The abatement process is initiated by giving the property owner advance notice of the abatement proceedings. The director shall issue a written notice to abate (notice), which shall contain a statement of the action required of the owner. The action required may be as follows:

(1) Repair. If the director determines that a dwelling or building must be repaired, the notice shall order the dwelling, building or portion thereof to be repaired, that all required permits be secured therefor, and the repair work shall be completed within the time specified on the notice or within such time that the director shall determine is reasonable under all the circumstances.

(2) Repair or demolish. The owner shall have the choice between repairing or demolishing. However, if the owner chooses to repair, the director shall require that the building be brought into compliance with this division according to a written, reasonable and feasible schedule for expeditious repair. If the owner chooses to demolish the building, all required permits for demolition must be secured within the time specified on the notice and the demolition to be completed within such time as the director shall determine is reasonable under all circumstances. In deciding whether to abate the nuisance by requiring repair or vacation of the building, the city shall:

a. Give preference to repair whenever it is economically feasible without having to repair more than 75 percent of the building; and

b. Consider the need for housing as set forth in the city's housing element.

(3) Vacation of property. If the director has determined that the dwelling, building or portion thereof is in such condition as to make it imminently dangerous to the life, health, property, or safety of its occupants, the public or adjacent property, the notice shall require that the dwelling, building or portion thereof shall be vacated within a time specified on the notice, as determined by the director to be reasonable under all of the circumstances. The director shall not require the vacating of the building unless the director concurrently requires expeditious demolition or repair to comply with this division.

(4) Boarding against entry. If an offending dwelling or building is vacant, open and accessible, the director shall require the property owner to board the building or portion thereof, and that it remain secured against entry. If a condition exists to the extent that the building or portion thereof cannot be boarded, the director may require other remedies to secure the property against entry. This action shall occur in accordance with the specifications for the boarding of open and accessible properties issued by the United States Department of Housing and Urban Development or such similar plans and specifications for boarding open and accessible properties in a manner designed to adequately protect against entry without creating any unreasonable risks to the life, health, property, safety, or welfare of the public.

(5) Eliminate risk of hazardous materials. If, following an inspection of a building or any portion thereof, the director determines that there is reasonable cause to believe that, because of the presence of friable asbestos or other hazardous material as defined by the Health and Safety Code, there is a serious risk to the life, health, property, safety, or welfare of its occupants, the general public, or the adjacent neighborhood, the director may order the owner to take all steps necessary to eliminate the risk within the time specified on the notice. To confirm the elimination of the risk, the owner of the building or portion thereof shall, at his or her expense and within the same time certain as established in the notice, obtain the services of a qualified health professional acceptable to the director to perform a comprehensive site assessment and prepare a written report to the director confirming that a health risk no longer exists.

(6) Securing unimproved real property. Whenever the director determines that any unimproved real property is used for the dumping or disposal of any object or material in a manner that violates this division or other section of the city Code, the director may order the owner to do any or all of the following to secure the property against further disposal or dumping:

a. Erect fencing and locking gates to the city's specifications;

b. Install barricades to the city's specifications; or

c. Establish security patrols at regular intervals to ensure the integrity of any required fences and locking gates.

(Ord. No. 2002-04, § 2(16B.05.04), 5-8-2002)

(a) Generally. Whenever the director finds any property to contain a public nuisance as declared by this division, he or she shall notify the owner of such property in writing by issuing a notice to abate (notice) in a form developed by the director. The notice shall state the conditions that constitute the public nuisance and shall order the owner to abate the conditions within 30 days after the date of service of notice. The notice may provide for a shorter period of time in which to abate the public nuisance if:

(1) The condition which constitutes the public nuisance is not one which makes the property substandard housing as defined by Health and Safety Code § 17920.3; or

(2) Prior notices to abate the same condition have been sent within 90 days prior to the most recently issued notice and the condition has not been abated.

(b) Substandard housing. Whenever the condition which constitutes a nuisance is a substandard residential building, as defined by Health and Safety Code § 17920.3, the notice shall be sent not only to the owner, but also to any mortgagee or beneficiary under any deed of trust of public record. The notice shall state the conditions which render the building unfit for human habitation and shall order the building or the affected portion of it vacated and further order that it be either repaired or demolished within 30 days after the date of the notice. If the director determines that the conditions can be corrected or abated by repair, the notice shall state the required repairs. If such building is encumbered by a mortgage or deed of trust of public record and the owner does not comply with the notice on or before the expiration of 30 days after its mailing and posting, the mortgagee or beneficiary may, within 15 days after the expiration of the 30-day period, comply with the requirements of the notice, in which event the cost to the mortgagee or beneficiary in so doing shall be added to and become a part of the lien secured by the mortgage or deed of trust and shall be payable as provided by title 25 of the Code of California Regulations, section 54.

(c) Manner of giving notice. The manner of giving notice shall be in accordance with the following:

(1) Generally. The notice shall be delivered to the owner of the property at the address for the owner shown on the last equalized assessment roll of the county. The notice shall be delivered by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice to the owner. The names and addresses of owners appearing on the assessment roll shall be conclusively deemed to be the proper persons and addresses for the purpose of mailing such notices. The director, in his or her discretion, may but shall not be required to provide additional notice by:

a. Posting a copy of the notice conspicuously on the property or parts thereof to be abated;

b. Delivering, by mail, certified or otherwise, or personal delivery additional copies of the notice to any known occupants of the property; and/or

c. Any other notice procedure deemed appropriate by the director and reasonably calculated to provide actual notice to the intended recipient.

Such additional notice shall not impact the conclusive effect of the notice given to the owner of the property as provided in this subsection.

(2) Substandard housing. Whenever the condition which constitutes a public nuisance also renders a building substandard, as defined by Health and Safety Code § 17920.3, at least one copy of the notice shall be posted conspicuously on the building alleged to be substandard, and an additional copy shall be delivered by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice to the owner as the person's name and address appear on the last equalized assessment roll and to any mortgagee or beneficiary on any note or deed of trust of record. If the address of a mortgagee or beneficiary is unknown, that fact shall be stated on the copy so mailed, and the notice shall be sent to the mortgagee or beneficiary addressed to him or her in the county.

(3) Notice to vacate. If the director orders that a building or portion be vacated, the director shall post at or upon the front entrance of the building a notice in substantially the following form:

DO NOT ENTER UNSAFE TO OCCUPY IT IS A MISDEMEANOR TO OCCUPY THIS BUILDING, OR TO REMOVE OR DEFACE THIS NOTICE

[OFFICER] NEIGHBORHOOD ENHANCEMENT PROGRAM CITY OF CITRUS HEIGHTS

(4) Affidavits. The person sending such notice to abate shall file an affidavit under penalty of perjury with the city clerk certifying the time, date and manner in which notice was given and shall also file with the city clerk any receipt card returned in acknowledgment of the notice. The affidavit shall be maintained in the files of the neighborhood enhancement program, which shall be accessible to the city clerk.

(d) Effect of failure to serve or failure to receive notice. The failure of the director to serve any person with a notice to abate, or any other notices required in this division to be served, shall not invalidate any proceedings under this division as to any other persons duly served or relieve any such person from any duty or obligation imposed on him or her by this division. The failure of any person served pursuant to this division to actually receive, read, and/or review any such notices and/or orders shall not affect the validity of any proceedings taken under this division.

(e) Effect of appearance in administrative proceedings. Any person who appears, either personally or by representative, in any administrative proceedings pursuant to this division waives any defects in the service of any notice under this division unless such alleged defect in notice is the sole basis for contesting the validity of any proceedings taken under this division. If a person appears and contests only defects in notice, pursuant to this subsection, and the reviewing administrative officer or body determines notice to be sufficient and in compliance with this division, the person contesting notice, at his or her request, shall be entitled to a continuance of the hearing of not more than 30 days in order to prepare for a hearing on the merits.

(Ord. No. 2002-04, § 2(16B.05.05), 5-8-2002)

(a) Tenants in a residential building shall be provided a copy of any notice served under this division concerning any violation which affects the health and safety of the occupants and which violates Civil Code § 1941.1, any order declaring the property to be substandard, the city's decision to repair or demolish, or the issuance of a building or demolition permit following the abatement order. Copies may be provided either by first class mail to each affected residential unit or, at the discretion of the director, by posting a copy in a prominent place on the property.

(b) The failure of a tenant to receive the notice to abate or other notices required by this division shall not affect in any manner the validity of any proceeding taken under this division.

(Ord. No. 2002-04, § 2(16B.05.06), 5-8-2002)

If the owner fails, neglects or refuses to comply with the notice to abate as provided in this division, the director shall serve the owner with an order to show cause, which shall order such person to either abate the conditions specified in the notice to abate within the time determined by the director and specified in the order or to appear before a hearing officer, at a stated date, time and place, not less than seven days from the date of the order, to show cause, if any, why the conditions should not be abated by the city at the owner's expense. The order to show cause shall be served, and an affidavit filed with the city clerk, in the manner specified in section 50-183.

(Ord. No. 2002-04, § 2(16B.05.07), 5-8-2002)

The order to show cause issued pursuant to this subdivision shall be in substantially the following form:

NOTICE TO ABATE NUISANCE AND ORDER TO SHOW CAUSE

Hearing Date: _____

Time: _____

Location: _____

An initial determination has been made that there exists upon the building, structure, lot or property located at _______, Citrus Heights, California, condition(s) constituting a public nuisance(s) under Section _____, Subdivision(s) _______ of the Citrus Heights Code.

The conditions constituting the nuisance are _______.

The methods of abatement available are _______.

You have previously received a written Notice to Abate dated ________ requiring you to abate these conditions and have failed to do so.

YOU ARE HEREBY ORDERED to either:

(a) ABATE THE ABOVE CONDITION(S) by repairing, replacing, removing, destroying or otherwise remedying the condition(s) to the satisfaction of the undersigned Code Enforcement Officer within _____ days of the date of this Order;

OR, alternatively,

(b) TO APPEAR AND SHOW CAUSE, if any, before the Hearing Officer at _______ located at _______, Citrus Heights, CA _______, on _______ at _____ o'clock _______.m., why these condition(s) should not be abated by the City and the expenses of doing so be charged to you as a personal debt and/or made a special assessment and lien upon the property.

All persons having an interest in said matters are notified to attend the hearing, and their testimony and evidence will be given due consideration.

WARNING!

(a) If you do not either abate the conditions or attend the hearing, you will have waived your right to a hearing regarding the existence of the nuisance. In that case, the City will abate the nuisance and the expenses of doing so will be made a special assessment and lien upon the property. In addition, you may be cited for violations of the Citrus Heights Code and subject to fines.

(b) Once the City abates vehicles or other property, they may be destroyed or otherwise disposed of as provided by law.

(c) In accordance with Revenue and Taxation Code §§ 17274 and 24436.5, a tax deduction may not be allowed for interest, taxes, depreciation or amortization paid or incurred in the taxable year if these conditions are not abated.

Dated: _____

The portion of the heading entitled "Notice to Abate Nuisance and Order to Show Cause" shall be in letters not less than three-fourths inch in height.

(Ord. No. 2002-04, § 2(16B.05.08), 5-8-2002; Ord. No. 2016-004, § 3, 6-23-2016)

The hearing on the order to show cause issued pursuant to this division shall be conducted by a hearing officer. The hearing officer is authorized to take testimony and in the course of so doing is authorized to administer oaths or affirmations pursuant to Code of Civil Procedure § 2093. Hearings need not be conducted according to the technical rules relating to evidence and witnesses. However, the person to whom the order to show cause was directed shall have the right to present testimony and documentary and physical evidence on his or her behalf and shall have the right to cross examine any witnesses and rebut any evidence presented against him or her. The director shall have the burden of proving the existence of a public nuisance, or other violations alleged, by a preponderance of the evidence.

(Ord. No. 2002-04, § 2(16B.05.09), 5-8-2002)

Under this division, failure of the owner or responsible party to either abate the conditions specified in the order to show cause or to appear at the hearing on the order to show cause after notice has been served shall be deemed a waiver of the right to a hearing and an admission by such owner or responsible party of the existence of the nuisance conditions as specified. If an owner fails to appear, the hearing officer shall proceed to consider the evidence as presented by the director. Notwithstanding anything in this division to the contrary, there shall be no right to appeal a decision and/or an order of abatement issued following such failure to appear.

(Ord. No. 2002-04, § 2(16B.05.010), 5-8-2002)

Under this division, the hearing officer shall have discretion to, and in the furtherance of justice may, relieve any person of any decision or order of abatement entered as a result of a person's failure to appear at a hearing upon a written finding, based on evidence submitted by the person seeking such relief, that the failure to appear was the result of mistake, surprise, inadvertence or excusable neglect. Any application for such relief shall be submitted to the hearing officer by the person seeking such relief no later than seven days after the date of any decision or order of abatement issued following a person's failure to appear at the hearing. After the passage of seven days after the date of any such decision or order of abatement issued after a person's failure to appear, the hearing officer shall have no power or authority to grant the person relief from any such decision or order of abatement pursuant to this section or otherwise. A timely request for relief under this section shall be scheduled for a hearing by the hearing officer no later than 30 days after the application for relief. If relief from the decision or order of abatement is granted pursuant to this section, the hearing officer shall schedule and hold a hearing on the merits no later than 30 days after the granting of such relief.

(Ord. No. 2002-04, § 2(16B.05.011), 5-8-2002)

Upon the conclusion of the hearing on the order to show cause held pursuant to this subdivision, the hearing officer shall determine whether the activity or the property, or any part thereof, as maintained, constitutes a public nuisance. If the hearing officer finds that a public nuisance does not exist, the hearing officer shall dismiss the proceedings. If the hearing officer finds that a public nuisance does exist and that there is sufficient cause to order the abatement of the public nuisance, the hearing officer shall issue an order of abatement, which shall contain findings of fact and shall direct and order the public nuisance abated within the time and in the manner set forth in the order. If the hearing officer consists of more than one individual, the determinations made pursuant to this section shall be made by majority vote. Except in the circumstance when an order of abatement has been issued following a person's failure to appear at a hearing, and where no relief to such person has been granted pursuant to section 50-213, the order of abatement shall include notification of the right to appeal and shall be served in the manner set forth in section 50-183.

(Ord. No. 2002-04, § 2(16B.05.012), 5-8-2002)

(a) The hearing officer's decision and any order of abatement issued by the hearing officer pursuant to this division may be appealed in writing to the appeals board by any interested person, by filing with the city clerk a written appeal. This appeal must be filed no later than seven days after the date of service of the hearing officer's decision and must contain the following information:

(1) A specific identification of the property which is the subject of the nuisance abatement proceeding.

(2) A caption reading: "Appeal of [name of appellant(s)]."

(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the order of abatement.

(4) A statement in ordinary and concise language of the specific order or action protested, together with the contentions of the appellant and any material facts supporting the contentions of the appellant.

(5) The address of each person appealing.

(6) The signatures of all parties named as appellants.

(7) The verification of at least one appellant as to the truth of the matter stated in the appeal.

(b) An appeal shall be deemed filed upon receipt by the city clerk's office and the payment of any appeal fee, which may be established by resolution of the city council. The city clerk shall set a date on which the appeals board shall hear the appeal, which shall be no later than 30 business days from the date the appeal was filed. Written notice of the time and place of the appeal hearing shall be given at least ten days prior to the date of the hearing to each appellant and to all interested persons, either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof by certified U.S. mail, postage prepaid and return receipt requested; U.S. mail delivery confirmation; U.S. mail signature confirmation; or such other delivery method that is reasonably calculated to provide actual notice to the intended recipient at the address shown on the appeal. Mailed service of the notice shall be deemed complete at the time of deposit in the U.S. mail. Continuances of the hearing may be granted for good cause in the sole discretion of the appeals board.

(c) The failure to file an appeal to the appeals board, pursuant to this division, shall render the decision and any order of abatement of the hearing officer final and conclusive, shall be deemed a failure to exhaust administrative remedies, and shall act as a complete bar to any legal proceeding challenging the city's abatement of the public nuisance.

(d) At the time of the appeal hearing, the appeals board shall permit any interested person to present written or oral arguments relating to the appeal based upon the record presented at the hearing on the order to show cause. The appeals board shall not permit the introduction of any further evidence unless a showing is made by the offering party that the evidence could not reasonably have been presented to the hearing officer at the time and place of the prior hearing. Additionally, the appeals board may permit the presentation of evidence if the evidence is reasonably calculated to show that there has been substantial change in the condition of the property since the time of the prior hearing. Thereafter, based upon the prior administrative record, the evidence that may be presented pursuant to this section, and the written or oral arguments of interested persons, the appeals board shall determine whether the property, in its then condition, constitutes a public nuisance within the meaning of this division.

(e) If the appeals board finds such nuisance conditions do not exist, it shall dismiss the proceeding. If the appeals board finds that a public nuisance exists, it shall issue an order of abatement requiring the abatement thereof. The order of abatement shall take the form of a written decision briefly setting forth the findings of facts relied upon in making the order, the conditions constituting the nuisance, the manner in which the nuisance may be abated, and the date by which the nuisance must be abated.

(f) The decision and any order of abatement of the appeals board shall be final and conclusive on the date it is issued. The decision shall be served in the manner set forth in section 50-183. The decision shall include notification that any action to judicially review the decision and order of abatement must be commenced not later than 90 days following the date of the decision and order of abatement, pursuant to Code of Civil Procedure § 1094.6.

(Ord. No. 2002-04, § 2(16B.05.013), 5-8-2002)

(a) If a nuisance is not completely abated by the owner in the time and manner set forth in any final order of abatement, the nuisance shall be abated by city forces or by private contractors retained by the city for this purpose. Subject to applicable state and/or federal law, entry upon the property to which the order of abatement relates is expressly authorized for such purposes.

(b) No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of the city whenever such person is engaged in the abatement work authorized or directed pursuant to this division or is performing any necessary act preliminary to or incidental to such work.

(Ord. No. 2002-04, § 2(16B.05.014), 5-8-2002)

(a) The director shall keep an itemized account of the costs incurred in the abatement of any nuisance under this division and any fee, cost, or charge incurred as described in Government Code § 54988. All costs incurred by the city, including incidental expenses, of abating the nuisance, whether abated by city forces, the owner, or otherwise, shall become a civil debt of the owner and other responsible parties and shall be billed to the owner and become due and payable 45 days after notice thereof. The term "incidental expenses" shall include but not be limited to personnel costs, both direct and indirect; attorneys' fees; costs incurred in documenting the nuisance; the actual expenses and costs of the city in inspecting property and work, in preparation of notices, specifications, and contracts and in reinspecting property; the costs of printing and mailing the notices required under this division; and any administrative or recording costs charged by the county recorder.

(b) The notice of the billed costs shall be mailed by certified mail to the last known address of the owner of the property. The notice shall advise the owner that, if payment is not received within the time specified, the director will request that the city council consider the costs at an upcoming city council meeting, of which notice will be provided to the owner pursuant to section 50-238, which meeting may result in the entire unpaid amounts due becoming a personal debt of the owner, that a special assessment be made against the owner's property, and that the amounts be made a lien on the owner's property, all as provided by this article or other applicable law.

(c) The prevailing party in any action or administrative proceeding to abate a nuisance may recover reasonable attorneys' fees.

(d) Any surplus realized from the sale of the building or recovered materials, over and above the cost of demolition and of cleaning the lot, shall be paid to the person lawfully entitled to such payment. The city is not under obligation to arrange for the sale of the building or any of the recovered materials. If the city does sell such property, the resulting proceeds shall be deemed reasonable under the circumstances.

(Ord. No. 2002-04, § 2(16B.05.015), 5-8-2002)

(a) Record of cost of abatement. If payment is not received within 45 days of the invoice date, as provided in section 50-237, the director shall render an itemized report in writing to the city clerk showing the costs of abatement. Any such report may include the abatement costs for any number of properties and abatements, whether or not such properties are contiguous.

(b) Notice of hearing. The city council shall consider the abatement cost report at a regular or special meeting. Notice of the date, time and place that the city council will consider the report, together with a copy of the report, shall be served on the property owner in the manner set forth in section 50-183 not less than ten days prior to the hearing. The notice shall contain a description of the property sufficient to reasonably identify it and shall specify that the city council will hear any objections or protests which may be raised by any person liable to be assessed for the abatement costs. Notice of the hearing shall also be published once, at least ten days prior to the hearing date, in a newspaper of general circulation published in the city or as allowed by Government Code § 6042. Proof of service and publication of such notice shall be filed with the city clerk.

(c) Hearing and proceedings. At the time and place fixed for receiving and considering the report, the city council shall consider the evidence, consisting of the report of such cost of abatement, together with any objections or protests. The city council may make such revision, correction or modification in the report as it may deem just, after which, by motion, the report as submitted, or as revised, corrected or modified, shall be confirmed. The decision of the city council on all protests and objections, if any, shall be final and conclusive.

(d) Assessment lien. The total cost for abating such nuisance, as confirmed by the city council by resolution, shall constitute a personal debt and a special assessment against the parcel of land to which it relates, and, upon recordation in the office of the county recorder of a notice of lien and the city council resolution, as so made and confirmed, shall constitute a lien on the property. After confirmation of the report, a copy thereof shall be transmitted to the tax collector for the city, whereupon it shall be the duty of the tax collector to add the amount of the assessment to the next regular bills of taxes levied against the respective lots and parcels of land for municipal purposes. Thereafter the amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment.

(e) Notice of special assessment and lien. The notice of special assessment and lien for recordation shall be in a form substantially as follows:

NOTICE OF SPECIAL ASSESSMENT AND LIEN (Claim of City of Citrus Heights)

Pursuant to the authority vested by the provisions of the Citrus Heights Neighborhood Enhancement Code and Government Code § 38771 et seq., the [Director/Code Enforcement Officer] of the City of Citrus Heights did on or about the _____ day of ________ ___, cause the property or condition hereinafter described to be rehabilitated or the building, structure or condition on the property to be repaired, demolished or removed in order to abate a public nuisance on said real property; and the City Council of the City of Citrus Heights did on the _____ day of ________ ___, assess the cost of such abatement upon the real property hereinafter described; that amount has not been paid nor any part thereof; and the City of Citrus Heights does hereby claim a special assessment and lien on such rehabilitation, repair, or demolition in the amount of said assessment, to wit: the sum of $_____. This sum shall be a special assessment and lien upon said real property until it has been paid in full and discharged of record.

The real property hereinabove mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Citrus Heights, County of Sacramento, State of California, and particularly described as follows:

(description, including Assessor Parcel Number)

The condition, which was abated, is described as follows:

(description)

Dated this _____ day of ________ ___.

(Ord. No. 2002-04, § 2(16B.05.016), 5-8-2002; Ord. No. 2016-004, § 3, 6-23-2016)

This subdivision shall be known as the "rental housing inspection program," may be cited as such, and is referenced herein as "the program."

(Ord. No. 2018-007, § 1, 11-8-2018)

The purpose of the program is to proactively identify blighted, deteriorated, or substandard rental housing units, to ensure the rehabilitation and prevention of substandard and/or unsafe rental housing, to preserve and enhance the quality of life for city residents living in or near rental housing properties, and to support such other activities which are consistent herewith.

(Ord. No. 2018-007, § 1, 11-8-2018)

This subdivision is enacted pursuant to the city's general authority to protect health, safety, and welfare.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) Over 88 percent of all housing stock in the city was built prior to 1990. Over 50 percent of all housing units in the city is rental properties. For such older properties, many critical components such as siding/stucco, heating and air conditioning units, roofs and windows are at or nearing their useful life. Failures of these critical components can lead to mold and other problematic issues.

(b) Over time, rental housing can and does deteriorate because of intentional and unintentional neglect by property owners, managers and tenants. This deterioration frequently results in substandard conditions that adversely affect the economic values of neighboring properties and that may be hazardous to the public health and safety of the tenants and neighboring properties. 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 out of concern as to retaliation.

(c) It is in the public interest that all rental housing complies with minimum standards regarding public health and safety. The most effective way to obtain compliance with these minimum standards is through routine periodic inspections of all rental housing. Routine inspections are also important in that property owners often do not live in proximity to the rental housing which they own. Furthermore, a rental housing program that relies only on complaints, as opposed to routine inspections, will not adequately evaluate or assure compliance by all rental housing with these 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. 2018-007, § 1, 11-8-2018)

The Citrus Heights City Council hereby establishes a rental housing inspection program consistent with the findings hereof and to meet the purpose of this chapter.

This chapter is not the exclusive regulation of housing within the city. This chapter, and the program established hereby, shall supplement, be accumulative with and be in addition to any and all regulatory ordinances and state or federal law existing or hereafter enacted by the city, the state or federal government or any other legal entity that may have jurisdiction. None of the provisions contained in this subdivision shall prohibit, condition or otherwise limit any other action, such as inspections, conducted pursuant to any other provision of the city Municipal Code or other applicable law.

This subdivision shall be liberally construed to further its purposes.

(Ord. No. 2018-007, § 1, 11-8-2018)

For the purpose of this subdivision, the following terms, phrases and words shall have the meanings set forth below:

City means the City of Citrus Heights.

City Manager means the city manager of the city.

Director means the city employee authorized by the city manager to supervise the rental housing inspection program, or his or her designee.

Engage in the business of rental housing means renting or offering to rent a rental housing unit.

Inspector means any city representative authorized by the city manager or the director to conduct inspections in accordance with the provisions hereof.

Owner means the owner of record, as listed on the county tax roll, of the specific rental housing unit(s).

Rent means to grant the possession or enjoyment of, in exchange for money or any other consideration.

Rental housing inspection unit means the department or division of the city designated by the city manager to administer the provisions of the program.

Rental housing property means a parcel of real property, as shown on the latest equalized tax assessment roll as maintained by the Sacramento County Tax Assessor, upon which a rental housing unit is maintained. "Rental housing property" shall also include those areas associated with such property, including, but not limited to, parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.

Rental housing unit means a single residential unit that is being rented, or is intended to be rented. Examples of rental housing units included within the program are apartment units, condominiums, duplexes and single-family houses. The program does not include units used for transient lodging such as dormitories; group homes; rooming or boarding houses; or hotels, motels, or similar short-term lodging.

Substandard living condition has the same meaning as "substandard building" as set forth in Health and Safety Code Section 17920.3, or any successor statute.

Tenant means the individual or individuals occupying a rental housing unit.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) The following rental housing units shall be exempt from the requirements of this subdivision:

(1) A rental housing unit that is subject to routine periodic inspections by another government agency, and the frequency and scope of the inspections are to the satisfaction of the director; or

(2) A rental housing unit that, within the past five years, has been newly constructed and either has been issued a certificate of occupancy or has passed final inspection by the city. For purposes of this subdivision, a unit has been newly constructed if the city determines that 50 percent or more of the unit has been constructed or replaced within a one-year period. The determination of whether the construction or replacement is at least 50 percent may be based on the linear length of all existing walls, square footage of the rental housing unit and/or the building in which the unit is located, percentage of altered construction, actual construction valuation, or any combination of these factors, as determined by the director.

(b) A rental housing unit that is determined to be exempt pursuant to subsection (a) of this section shall become subject to the requirements of this subdivision if the city becomes aware of a substandard living condition and the substandard condition is verified by an inspector.

(Ord. No. 2018-007, § 1, 11-8-2018)

To fund the program, the city hereby establishes an operating fund, which is separate from the city's general fund, for the purpose of implementing and operating the program. It is necessary that the source of funds be predictable and reliable for the efficient and continued operation of the program.

The following types of fees are established and imposed pursuant to the provisions of this subdivision to fund the program. The city council shall set the amount of each specified fee by resolution, as may be amended from time to time.

(a) Annual registration fee. The city will bill an annual registration fee, by calendar year, on a tiered structure based on the number of rental housing units per rental housing property as follows:

(1) One rental housing unit.

(2) Two to four rental housing units.

(3) Five or more rental housing units.

(b) Rental housing stock fee. The housing stock will be billed on a calendar year basis through Sacramento County's Consolidated Utility Billing System (CUBS), or such other mechanism as may be determined by the city from time to time, on a tiered structure based on the number of rental housing units per rental housing property as follows:

(1) One to four rental housing units.

(2) Five to 99 rental housing units.

(3) One hundred or more rental housing units.

(c) Re-scheduling fee. A fee is established for the administrative costs of re-scheduling an inspection that is cancelled by the owner or representative thereof in violation of this subdivision.

(d) Re-inspection fee. A fee is established for an additional inspection required by the director pursuant to this subdivision.

(e) Late fee. If a fee has not been received by the date upon which it is due under this subdivision, there shall be imposed a late fee and/or penalty.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) It shall be unlawful for any person to offer for rent one or more rental housing units, unless:

(1) Each rental housing unit is registered with the city; and

(2) The annual registration fee and housing stock fee for the rental property is paid annually for each rental housing unit.

(b) A rental housing property is registered with the city when the owner of the rental housing property submits the following to the director:

(1) A completed registration form, provided by the city, that contains the following:

a. Description of the rental housing property, including, but not limited to, the street address, assessor parcel number, and the type of dwelling (i.e., single-family, duplex, condominium, apartment);

b. Name, phone number, and address of at least one owner, listed on title, of the rental housing property or if title is held in the name of an entity, the name, phone number, and address of a person authorized to act on behalf of the entity;

c. Name, phone number, and address of property manager (if any), if different from owner;

d. Name and address of agent for service of notices and/or process if the owner's or property manager's address is not within California;

e. Number of residential rental units at each address listed;

f. Number of buildings at each address listed; and

g. Any other information as reasonably required by the director;

(2) The annual registration fee; and

(3) Any outstanding fees that were previously imposed pursuant to this subdivision or by the city relating to the rental housing property.

(c) Registration shall be valid for a period of one year or until one of the following circumstances occurs, whichever is sooner:

(1) The owner fails to notify the rental housing inspection unit of any change in the information submitted pursuant to subsection (b) of the section, within 30 days of such change; or

(2) The owner fails to pay the annual registration fee and/or housing stock fee.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) All rental housing properties and rental housing units are subject to routine interior and exterior periodic inspection by the city as provided herein to determine compliance with the applicable provisions of this subdivision. No rental housing property shall be subject to an inspection on more than a triennial basis unless an inspection is required because the city reasonably believes that the property may be in violation of applicable laws or ordinances, including this subdivision. Entry for inspection shall be as a result of consent, exigent circumstances, or execution of a warrant secured pursuant to applicable law.

(b) If, upon the periodic inspection of a rental housing property, no violations of applicable laws or ordinances are determined to exist, the city shall issue a certificate of compliance for the property, which shall be valid for three years.

(c) The city will endeavor to inspect the interiors of all rental housing unit interiors of rental housing properties with 15 or fewer rental housing units.

(d) If there are more than 15 rental housing units on a single rental housing property, the city's inspection shall include all common areas, and a random sampling of no less than five percent of rental housing unit interiors. At least one rental housing unit interior on each rental housing property shall be inspected. If the inspector determines that one or more violations exist on the rental housing property, the inspector may conduct an inspection of additional units up to 100 percent of the rental housing units.

(e) The owner or local contact representative, or designee thereof, shall be present at the rental housing property at the time of the inspection. The time of the inspection shall be the time indicated in the notice issued pursuant to this subdivision, or the time that the inspection was properly re-scheduled in accordance with this subdivision. Violation of this subsection may result in the imposition of a re-scheduling fee.

(f) The city shall have the option of inspecting the exterior of all rental housing unit properties on an annual basis.

(g) A tenant of a rental housing unit may request an inspection of the tenant's individual unit in order to ensure that the property complies with applicable state and local laws and regulations, including this subdivision.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) The director shall provide written notice of the date and time of any inspection to be conducted pursuant to this subdivision, by mailing such notice at least 30 calendar days prior to the date of the inspection. Notice shall be mailed to the owner and the local contact representative at their last known address(es), as provided to the city. In the case of multiple owners of the same property, notice to any one of the property owners is sufficient notice.

(b) The director shall also mail a copy of the inspection notice to the rental housing units to be inspected.

(c) It shall be the responsibility of the property owner, property manager, or other responsible person to make every effort to facilitate access to the rental housing unit and/or rental housing property to be inspected.

(Ord. No. 2018-007, § 1, 11-8-2018)

An inspection may be rescheduled once, at no cost, by the owner or local contact representative by giving notice to the rental housing inspection unit at least seven calendar days prior to the scheduled inspection date. An inspection may only be rescheduled to a date within 21 calendar days of the previously scheduled inspection date. Rescheduling an inspection more than once or with less than seven calendar days' notice may result in the imposition of a re-scheduling fee.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) If a tenant refuses the periodic inspection and there are no known substandard living conditions, the city will not conduct the inspection. The inspector will document the refusal and provide written notification to the property owner.

(b) If a property owner refuses the periodic inspection, but the tenant desires the inspection to occur, the inspector will inspect the rental housing unit.

(c) If consent to enter any rental housing property or any rental housing unit is refused or otherwise cannot be obtained and the inspector has reasonable cause to believe a substandard living condition exists, the director may seek an inspection warrant from a court of competent jurisdiction.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) Notice of violation. Whenever an inspector determines that a violation of this subdivision exists, the inspector shall give notice of the violation and an order to correct to the property owner or his/her designee and the tenant. The notice shall be in writing and describe with reasonable detail the violation so that the property owner or his/her designee has the opportunity to correct the violation(s).

(b) Time for correction. The notice shall provide a reasonable amount of time for correction, ranging from 24 hours to 120 days, depending on the severity of the violation. The property owner or his/her designee may request an extension of time in writing, which may be granted if the director determines that substantial progress is being made to correct the violation(s).

(c) Service of notice. Notice shall be served personally to the property owner or his/her designee, or if the property owner is not present, notice shall be left on the premises and mailed to the property owner at the address on record with the city. Such notice shall be effective five days after mailing,

(d) Report of inspection. Upon completion of the rental property inspection, the inspector shall provide written notice of the results of the inspection on site with the property owner, his/her designee, tenant, or post such notice on the property. The notice shall contain itemization of any violation(s) and set a period of time for correction ranging from 24 hours to 120 days.

(e) Formal notice of inspection results. A formal report of the inspection results shall be mailed to the property owner or his/her designee within ten days of the completion of the inspection. Such formal report shall include the results of the inspection and, if necessary, the period of time for correction, the scheduled re-inspection date and time, and any re-inspection fees and costs.

(f) Re-inspections. Re-inspections shall be conducted to verify that violations identified on the initial inspection have been corrected. The property owner or his/her designee shall be responsible for scheduling required re-inspections. If the director determines upon re-inspection that the corrective action(s) requested was/were not performed, the owner of the property shall be charged a re-inspection fee prior to the next inspection consistent with this subdivision.

(g) Violations that were not noted on the initial inspection report, but are discovered on the re-inspection due to subsequent damage or deterioration, shall be subject to correction.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) If, during an inspection conducted pursuant to this subdivision, an inspector determines that the rental housing unit or rental housing property is in violation of this subdivision or any other applicable law or regulation, and the owner fails to correct the identified violation(s) within the stated time, the director may require an additional periodic inspection of the rental housing unit or rental housing property in accordance with this subdivision to ensure continued compliance. A re-inspection fee shall be imposed for the additional periodic inspection required pursuant to this provision.

(b) In addition to requiring an additional periodic inspection pursuant to subsection (a), above, the city may commence enforcement action in accordance with any provisions of the city Municipal Code.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) A rental housing property may be placed in the self-certification program if all of the following circumstances exist:

(1) If, after the last inspection conducted pursuant to this subdivision, the inspector determines that either no violations exist on the rental housing property or minor violations were corrected in the amount of time provided in this subdivision;

(2) Neither the rental housing property nor the owner has not been the subject of a verified code enforcement investigation by the city within the last five years;

(3) The owner or local contact representative is in compliance with all applicable provisions of this subdivision; and

(4) The owner is not delinquent on any payment to the city of fees, penalties, taxes, or any other monies related to the rental housing unit property.

(5) The owner or his/her designee has completed within the last five years an educational class for "conducting effective property inspections" through the California Apartment Association or other class approved by the director, as evidenced by a valid certificate of completion.

(b) A rental housing property may be removed from the self-certification program if any of the following circumstances occurs:

(1) The rental housing property is in violation of this code or any other applicable law, even if the violations have been corrected.

(2) Any of the circumstances set forth in subsection (a) of this section cease to exist.

(Ord. No. 2018-007, § 1, 11-8-2018)

(a) Owners of rental housing properties that are in the self-certification program, or their designees, shall certify each and every rental housing unit on the property at least once every three years and upon each change of tenancy. Self-certification shall be accomplished in the manner set forth below:

(1) Inspect each rental housing unit for compliance with the requirements of the self-certification form provided by the city;

(2) Upon the knowledge of needed repairs, immediately make the repairs to the rental housing unit that are necessary to achieve compliance with the requirements set forth in the self-certification form;

(3) Complete the self-certification form; and

(4) Provide a copy of the completed self-certification form to the occupants of the corresponding rental housing unit and the rental housing inspection unit.

(b) If any rental housing unit cannot be self-certified because necessary repairs cannot be made, the owner shall immediately notify the director.

(c) The rental housing inspection unit will inspect a minimum of ten percent of all rental housing units in the self-certification program. These inspections can include the interior and exterior of the rental housing units and all associated necessary paperwork for the self-certification program.

(d) The rental housing property's local contact representative shall retain all completed self-certification forms for at least six years and produce them to any inspector upon request.

(Ord. No. 2018-007, § 1, 11-8-2018)

If after a notice of violation and order to correct has been issued, a property owner fails to correct the violation, the city may pursue any and all remedies allowed by law.

(Ord. No. 2018-007, § 1, 11-8-2018)

If any rental housing unit is found to be unsafe to occupy, the costs and the expenses of relocation of any tenant(s) from that property shall be the responsibility of the property owner as provided by law.

(Ord. No. 2018-007, § 1, 11-8-2018)