Dana Point Municipal Code Ch. 6.16 Residential Housing Occupancy Standards — Overcrowding

The City Council of the City of Dana Point finds and determines that:

(a) Decent, safe and sanitary housing is a necessity of life.

(b) Overcrowding any building used for residential purposes endangers life, limb, health, property, safety, and welfare of the public and the occupants thereof.

(c) Overcrowding dwelling accommodations accelerates deterioration caused by overuse of facilities in residential units and contributes to parking and traffic congestion and air and noise pollution.

(d) Overcrowding residential dwellings beyond the anticipated occupancy as approved by the building permit process unduly taxes and overburdens public facilities, public services, and the supporting infrastructure, both public and private, including without limitation schools, libraries, police services, fire protection services, sewer and waste facilities, water services, parks, health care facilities, streets and highways, and parking facilities.

(e) Overcrowding buildings used for residential purposes leads to the dilapidation of the City's housing stock, and the general deterioration of the neighborhood in which such overcrowding exists.

(Added by Ord. No. 92-01, 1/28/92)

The City Council finds and determines that its planning and budgeting processes for capital improvements and maintenance of existing infrastructure are thwarted by overcrowding of residential dwellings.

(Added by Ord. No. 92-01, 1/28/92)

It is the purpose and intent of this Chapter to protect the public health, safety, and welfare; to maintain the integrity of the City's residential areas; to improve the quality of life for its residents; to prevent the deterioration of neighborhoods; to promote the stability of property values; and to impose restrictions upon those activities that would detract from the neighborhood and adversely affect the quality of life of all residents of the City.

(Added by Ord. No. 92-01, 1/28/92)

Unless the provision or context otherwise requires, the definitions in this Article govern the construction of this Chapter.

"Bedroom"

means an enclosed space within a dwelling unit designed or intended for the purpose of sleeping and which contains at least one closet for the storage of clothes and other personal effects. A room or other enclosed area is not a bedroom, or habitable for sleeping purposes, unless it has a permanent door permitting complete closure and separation by the door from any and all kitchen and bathroom areas.

(Added by Ord. No. 92-01, 1/28/92)

"Dwelling unit"

means a building or portion thereof which is actually used, or which is designed or intended to be used, for residential purposes.

(Added by Ord. No. 92-01, 1/28/92)

"Guest"

means an individual who occupies a dwelling unit for not more than 14 consecutive days, nor more than 30 days in any calendar year. In no event shall the total combined days that all guests occupy the unit exceed 60 days per calendar year.

(Added by Ord. No. 92-01, 1/28/92)

"Habitable net floor space"

means the total number of square feet of floor space in a dwelling unit based upon the actual interior dimensions excluding all stairwells, halls, closets, bathrooms, kitchens, laundry rooms, furnace rooms, pantries, utility rooms, foyers, corridors, storage spaces, and similar enclosed floor space not designed or intended to be used for living, sleeping, or dining purposes.

(Added by Ord. No. 92-01, 1/28/92)

"Kitchen"

means any room or other enclosed area intended to be used for the storage or preparation of foods as approved by the building permit process, and containing any of the following equipment: sink or other device for dishwashing, stove or other device for cooking, refrigerator or other device for cool storage of food, cabinets or shelves for storage of equipment and utensils, and counter or table for food preparation.

(Added by Ord. No. 92-01, 1/28/92)

"Occupant"

means a natural person residing or using a dwelling unit as his or her place of abode, but does not include a guest.

"Overcrowd," "overcrowding," or "overcrowded"

means any occupancy of a dwelling unit that exceeds either the maximum residential housing occupancy standards set by this Chapter or any lesser residential housing occupancy standards set by the owner of a building containing a dwelling unit.

"Owner"

means a natural or unnatural person, including a lessor or sublessor, having any ownership right, title, or interest in or to the building containing a dwelling unit.

(Added by Ord. No. 92-01, 1/28/92)

(a) A dwelling unit may not be overcrowded. A dwelling unit in which there exist any of the following is deemed to be overcrowded:

(i) There is less than 120 square feet of habitable net floor space for each occupant in the dwelling unit, or there are fewer bedrooms than are required to accommodate the occupants in the dwelling unit at a ratio of two persons per bedroom plus one additional person per dwelling unit, whichever permits the greater number of occupants.

(ii) The number of occupants in the dwelling unit exceeds six per bathroom.

(iii) The number of occupants in the dwelling unit exceeds the structural occupancy standards specified in the Uniform Housing Code.

(b) Occupancy of an efficiency dwelling unit by not more than two persons shall not constitute a violation of Paragraphs (1), (2), or (4) of Subdivision (a) of this Section if the efficiency dwelling unit has all of the following:

(i) At least 220 square feet of habitable net floor space.

(ii) A separate closet.

(iii) A sink or other device for dishwashing, a stove or other device for cooking, and a refrigerator or other device for cool storage of food.

(iv) A separate bathroom containing a water closet, lavatory and bathtub or shower.

(c) Occupancy by a child less than six months of age, provided such child was born to a legal occupant of the dwelling unit during such occupancy, shall not constitute a violation of Paragraphs (1), (2), or (4) of Subdivision (a) of this Section.

(Added by Ord. No. 92-01, 1/28/92)

(a) It is unlawful to overcrowd a dwelling unit. A person is deemed to have overcrowded a dwelling unit if there exist any of the following:

(i) There is less than 120 square feet of habitable net floor space for each occupant in the dwelling unit, or there are fewer bedrooms than are required to accommodate the occupants in the dwelling unit at a ratio of two persons per bedroom plus one additional person per dwelling unit, whichever permits the greater number of occupants.

(ii) The number of occupants in the dwelling unit exceeds six per bathroom.

(iii) The number of occupants in the dwelling unit exceeds the structural occupancy standards specified in the Uniform Housing Code.

(b) Occupancy of an efficiency dwelling unit by not more than two persons shall not constitute a violation of Paragraphs (1), (2), or (4) of Subdivision (a) of this Section if the efficiency dwelling unit has all of the following:

(i) At least 220 square feet of habitable net floor space.

(ii) A separate closet.

(iii) A sink or other device for dishwashing, a stove or other device for cooking, and a refrigerator or other device for cool storage of food.

(iv) A separate bathroom containing a water closet, lavatory and bathtub or shower.

(c) Occupancy by a child less than six months of age, provided such child was born to a legal occupant of the dwelling unit during such occupancy, shall not constitute a violation of Paragraphs (1), (2), or (4) of Subdivision (a) of this Section.

(Added by Ord. No. 92-01, 1/28/92)

(a) It is unlawful to permit overcrowding of a dwelling unit. A person is deemed to have permitted overcrowding of a dwelling unit if there exist any of the following:

(i) There is less than 120 square feet of habitable net floor space for each occupant in the dwelling unit, or there are fewer bedrooms than are required to accommodate the occupants in the dwelling unit at a ratio of two persons per bedroom plus one additional person per dwelling unit, whichever permits the greater number of occupants.

(ii) The number of otherwise lawful occupants in the dwelling unit exceeds six per bathroom.

(iii) The number of otherwise lawful occupants in the dwelling unit exceeds the structural occupancy standards specified in the Uniform Housing Code.

(b) Occupancy of an efficiency dwelling unit by not more than two persons shall not constitute a violation of Paragraphs (1), (2), or (4) of Subdivision (a) of this Section if the efficiency dwelling unit has all of the following:

(i) At least 220 square feet of habitable net floor space.

(ii) A separate closet.

(iii) A sink or other device for dishwashing, a stove or other device for cooking, and a refrigerator or other device for cool storage of food.

(iv) A separate bathroom containing a water closet, lavatory and bathtub or shower.

(c) Occupancy by a child less than six months of age, provided such child was born to a legal occupant of the dwelling unit during such occupancy, shall not constitute a violation of Paragraphs (1), (2), or (4) of Subdivision (a) of this Section.

(Added by Ord. No. 92-01, 1/28/92)

Nothing in this Chapter shall be construed to limit, restrict or otherwise affect in any manner the right of an owner to set specific limits on the number of occupants in a dwelling unit so long as those limits are less than or do not exceed the maximum occupancy limits specified in this Chapter.

(Added by Ord. No. 92-01, 1/28/92)

(a) Any notice concerning a violation of this Chapter shall be served by the enforcement agency on the owner of the building containing the offending dwelling unit and, if the owner is not an inhabitant of the offending dwelling unit, upon the occupants of the dwelling unit which is in violation of this Chapter. If the owner is not an inhabitant of the offending dwelling unit, the notice shall also require the owner and the occupants of the offending dwelling unit to furnish to the enforcement agency within 14 days of service of the notice copies of any written agreement or other document relating to the occupancy of that dwelling unit. Responsibility for the violation shall be determined as follows:

(i) If the owner of a building containing a dwelling unit which is in violation of this Ordinance is an inhabitant of that dwelling unit, the owner is presumed to be responsible for the violation.

(ii) If the owner of a building containing a dwelling unit which is in violation of this Ordinance is not an inhabitant of that dwelling unit, the owner is presumed to be responsible for the violation if he or she has received any compensation of any kind from any occupant in excess of the number of occupants authorized by this Ordinance. Acceptance of rent or lease payments by an owner not in excess of that stated in a written agreement shall not constitute any authorization expressed or implied to exceed the number of permitted occupants as stated in the written agreement or this Chapter.

(iii) If the owner of a building containing a dwelling unit which is in violation of this Chapter is not an inhabitant of that dwelling unit, the owner is presumed to be responsible for the violation in the absence of a written agreement, or if the written agreement and other documents do not provide for the number of occupants, or if the written agreement or other documents approve or authorize, directly or indirectly, a number of occupants in violation of this Chapter.

(iv) If the owner of a building containing a dwelling unit which is in violation of this Chapter is not an inhabitant of that dwelling unit, and if the written agreement or other documents specifically provide for the number of occupants and that number of occupants is not in violation of this Chapter, it is presumed that the occupants are responsible for the violation. The owner of the property shall be provided a copy of any citation or notice to the occupants, and shall be kept informed by the enforcement agency of any enforcement actions against the occupants. Notwithstanding the foregoing, the owner of the property may be found by the enforcement agency to be responsible for a particular violation where the circumstances, including but not limited to repetitive violations at the same property, demonstrate a pattern of conduct on the part of the owner to violate the provisions of this Ordinance.

(b) The presumptions established by this Section are presumptions affecting the burden of producing evidence. Acceptance of rent or lease payments by an owner not in excess of that stated in a written agreement shall not constitute any authorization expressed or implied to exceed the number of permitted occupants as stated in the written rental agreement or this Chapter.

(Added by Ord. No. 92-01, 1/28/92)

If the owner of a building containing a dwelling unit which is in violation of this Chapter has commenced, or does commence within 15 days following receipt of a notice concerning any violations, any action to reduce the number of occupants in the offending dwelling unit to a legally prescribed number, any independent enforcement by the enforcement agency shall be held in abeyance pending the result of such action. If the owner is successful in the action, the enforcement agency shall not pursue the matter any further. If the owner fails to pursue the action with reasonable diligence, the enforcement agency may pursue enforcement of the matter with such remedy as may be available to it.

(Added by Ord. No. 92-01, 1/28/92)

A dwelling unit which is in violation of this Chapter is a nuisance.

(Added by Ord. No. 92-01, 1/28/92)

Any building containing a dwelling unit which is in violation of this Chapter may be deemed by the enforcement agency to be a substandard building within the meaning of Section 17920.3 of the Health and Safety Code if the overcrowded condition exists to such an extent that it severely endangers the life, limb, health, property, safety, or welfare of the public or the occupants of the building.

(Added by Ord. No. 92-01, 1/28/92)

Violation of this Chapter is an infraction, subject to punishment in accordance with Section 1.01.220(b) of this Code.

(Added by Ord. No. 92-01, 1/28/92)