Elk Grove Municipal Code Art. I Purpose

This chapter shall be known as the “Elk Grove housing code,” and may be cited as such.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)

A. The City is under a State mandate to have a program to enforce the provisions of the State Housing Law. Unsafe housing is a community blight often associated with unlawful activity. While the cost of enforcement is significant, the result of failing to abate substandard housing has more adverse and far reaching consequences such as loss of housing and displaced individuals.

B. Studies show that complaint initiated enforcement actions are sufficient to provide the essential level of abatement of substandard housing conditions needed by this community. An increased level of service which includes routine inspections of rental housing units has been determined to be cost prohibitive at this time, but may be incorporated in the future if the need is demonstrated and necessary funding is secured.

C. Having determined the appropriate level of service to be provided by a housing code enforcement program, it is also determined that those persons who violate the State Housing Law should bear the greatest practical share of the costs of operating such a program through enforcement fees and penalties. However, the establishment of such a program requires revenue to fund its implementation costs and to fund the difference between the ongoing costs of such a program and the revenue collected from violators through enforcement fees and penalties. The source of this revenue must be reliable if such a program is to achieve its objectives. Collection of enforcement fees and penalties is inherently unreliable as a funding source, and therefore cannot be relied upon either to establish the initial operating revenue for such a program or to fully support its ongoing operational costs.

D. It is therefore necessary to levy a housing stock conservation fee for the purpose of generating the revenue required to fund the implementation and ongoing operating costs of such a program. The housing stock conservation fee will be adjusted annually for the purpose of maintaining an adequate housing code enforcement fund balance, including prudent reserves. The housing stock conservation fee is a supplemental funding source for this program, intended to make up for any actual or forecast deficiencies in total program costs not generated from the collection of enforcement fees and penalties from violators.

In the City of Elk Grove, substandard housing has caused health risks to its occupants and those who reside in the surrounding neighborhood. Additionally, substandard housing has significantly contributed to neighborhood blight. As a result, substandard housing is a nuisance that threatens the health and welfare of many members of the Elk Grove community.

To eliminate this nuisance it is imperative to establish enforceable minimum standards for residential buildings. The purpose of this chapter is to establish such standards for maintaining all residential buildings in the City and thereby safeguard the life, limb, health, property, safety, and welfare of the public.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)

The City Council finds as follows:

A. It is imperative to establish enforceable minimum standards for residential buildings and to provide a program for enforcing these standards which is self-supporting.

B. Complaint initiated enforcement actions are sufficient to provide the essential level of abatement of substandard housing conditions needed by this community.

C. Violators of the State Housing Law must bear the largest feasible share of the cost of housing code enforcement.

D. Rental property owners derive a substantial benefit from a housing code enforcement program and should therefore contribute to a portion of program costs.

E. Residents of rental property also benefit from a housing code enforcement program and should therefore contribute to program costs indirectly through the cost of renting such housing.

F. It is necessary to establish an operating fund, which is separate from the City’s general fund, for the purpose of implementing a housing code enforcement program and operating it on an ongoing basis. It is necessary that this source of funds be predictable and reliable for the efficient and continued operation of such a program. The imposition of a housing stock conservation fee is an appropriate means to accomplish this purpose.

G. It is recognized that the majority of rental housing property owners comply with the State Housing Law and applicable City ordinances, and that only a relatively small percentage violate these laws. And while it is the intent of this chapter that this group of violators should pay for as much of the cost of a housing code enforcement program as is practical and feasible, it is also recognized that the collection of enforcement fees and penalties from violators can be a protracted and costly process, and that reliance thereupon as the sole source to fund such a program is inherently speculative and unrealistic. Therefore, while the primary source of revenue for this housing code enforcement program is intended to come from the collection of enforcement fees and penalties from violators, in their absence, the housing stock conservation fee is intended to make up program cost deficiencies. The reliance of such a program on the City’s general fund for its cost of operation shall be minimized to the greatest extent possible.

H. This chapter satisfies the City’s legal obligations under the State Housing Law.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)

The provisions of this chapter shall apply to all new and existing buildings or portions thereof used, or designed or intended to be used, for human habitation. This chapter is not an exclusive regulation of housing within the City of Elk Grove. It 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.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009)