Duarte Municipal Code Ch. 5.66 Motel Occupancy

The city council finds as follows:

(a) There exists within the city a pattern whereby persons are taking up long-term residency in motel units which are not suited for such occupancy.

(b) Such occupancy results in overcrowding, unsanitary conditions, inadequacy of sanitary facilities, cooking in units which are not equipped for cooking for long-term residents, inadequate off-street parking, inadequate recreational facilities, drug trafficking and prostitution.

(Ord. 613 § 1 (part), 1986)

For purposes of this chapter, the following terms shall have the definitions indicated:

A. "Hardship" means personal circumstances of motel occupants which would cause serious and adverse consequences to such occupants if they were forced to summarily vacate a motel unit. "Hardship" does not include the inability of a motel occupant to financially afford conventional living accommodations.

(Ord. 613 § 1 (part), 1986)

B. "Motel" shall have the meaning ascribed to that word in Section 19.08.266.

C. "Operator" means any person engaged in the management or operation of motel units within the city.

(Ord. 613 § 1 (part), 1986)

No owner or operator of a motel shall allow any person to occupy a motel unit, or a combination of motel units within the same motel complex, for more than thirty consecutive days. Occupancy which is not interrupted by an interval of at least thirty days shall be deemed consecutive.

(Ord. 613 § 1 (part), 1986)

By filing the affidavit of hardship described in this section, the operator shall obtain an extension of an additional thirty days of occupancy for any occupant. In order to obtain such an extension, the operator shall file with the city manager an affidavit under penalty of perjury certifying that a hardship would be caused to the occupant if the extension were not granted, and specifying the facts which constitute the hardship. Upon his receipt and review of the affidavit of hardship, the city manager shall review the affidavit and may cancel the extension if he finds that the facts alleged do not constitute a hardship within the meaning of this chapter. At no time shall hardship extensions be in effect for more than fifteen percent of the total number of units in the motel complex. Upon application, the city manager may approve hardship extensions in excess of the fifteen percent figure, to a maximum of twenty-five percent, if he finds that hardship exists, within the meaning of this chapter, with respect to the occupants of more than fifteen percent of the total number of units in the applying motel complex.

(Ord. 613 § 1 (part), 1986)

Within fifteen days from the effective date of this chapter, the operator shall file with the city manager an initial report, verified under penalty of perjury, on a form to be supplied by the city manager, containing the following information with respect to each unit in the motel complex:

(a) The number of bedrooms;

(b) Whether or not the unit is kitchen-equipped;

(c) If kitchen-equipped, a description of the kitchen facilities;

(d) The square footage.

The initial report shall also disclose the number of off-street parking spaces available on the premises.

(Ord. 613 § 1 (part), 1986)

Within ten calendar days from the end of each calendar month, the operator shall file with the city manager a report, verified under penalty of perjury, on a form to be supplied by the city manager, containing such information with respect to each motel unit under his operation as the city manager may reasonably require in order to effect or monitor compliance with the provisions of this chapter.

Failure to file the report required by this section in a timely manner shall constitute a separate misdemeanor violation.

(Ord. 613 § 1 (part), 1986)

Motels with forty units or more shall be exempt from filing a monthly occupancy report. Instead, the owner or operator shall file a bi-annual report, verified under penalty of perjury, on a form to be supplied by the city manager, containing such information with respect to each motel unit in the motel complex as the city manager may reasonably require in order to effect or monitor compliance with the provisions of this chapter.

Failure to file the report required by this section in a timely manner shall constitute a separate misdemeanor violation.

(Ord. 637 § 1, 1988)

The operator shall allow authorized representatives of the city to inspect the books and records of the motel during reasonable business hours for the purpose of determining compliance with the provisions of this chapter.

(Ord. 613 § 1 (part), 1986)

Notwithstanding anything to the contrary contained in this chapter, no motel unit shall be occupied at any time by more than four persons.

(Ord. 613 § 1 (part), 1986)

This chapter does not authorize any person to fail to meet standards of health established by any applicable ordinance or law or regulation, nor does this chapter authorize cooking in units which are not equipped with kitchen facilities.

(Ord. 613 § 1 (part), 1986)