Elk Grove Municipal Code Art. III Administration and Enforcement

The City of Elk Grove Community Development Department is hereby authorized and directed to administer and enforce the housing code, all of the provisions set forth in this chapter, and all regulations approved and adopted by the City Council as provided in EGMC Section 16.20.330. For such purposes, the Director shall have the powers of a law enforcement officer.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 24-2015 § 7 (Exh. E), eff. 2-12-2016; Ord. 13-2025 § 3 (Exh. F), eff. 7-25-2025)

The Director may present to the City Council for approval and adoption those regulations which seem consistent with the purposes, intent, and express terms of this chapter as he or she deems necessary to implement such purposes, intent, and express terms. No regulation or amendments thereto shall be enforced or become effective until thirty (30) days following the date on which the proposed regulation or amendment has been approved by the City Council and filed with the Clerk. The Director shall have the power to render interpretations of this chapter and its regulations in order to clarify the application of its provisions. Such interpretations shall be in conformity with the intent and purpose of this chapter.

(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 Director, subject to the consent given by an occupant who reasonably appears to be at least sixteen (16) years of age, has authority to enter and inspect any dwelling or premises whenever necessary to secure compliance with, or prevent a violation of, any provision of this chapter and any regulation adopted pursuant to EGMC Section 16.20.330. In the event consent of the occupant is not available, the Director may obtain an inspection warrant pursuant to the provisions set forth in the Code of Civil Procedure (commencing at Section 1822.50).

B. The owner, authorized agent of any owner, or any of the parties in interest of any dwelling, or portion thereof, may enter the dwelling, subject to the consent of the occupant, whenever necessary to carry out any instructions, or perform any work required to be done pursuant to this chapter and any regulation adopted pursuant to EGMC Section 16.20.330.

C. Subject to the provisions of Section 1822.50, et seq., of the Code of Civil Procedure concerning inspection warrants, no person authorized by this section to enter dwellings shall enter any dwelling between the hours of 6:00 p.m. of any day and 8:00 a.m. of the succeeding day without the consent of the occupants of the dwelling.

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

In addition to the conditions described in EGMC Section 16.20.200 constituting a substandard dwelling, a building will be considered a substandard dwelling if one (1) or more of the following conditions or defects are present in any building or portion thereof including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof:

A. Inadequate sanitation which shall include, but not be limited to, the following:

1. Lack of or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

2. Lack of or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

3. Lack of or improper kitchen sink.

4. Lack of hot and cold running water to plumbing fixtures in a hotel.

5. Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

6. Lack of adequate heating in accordance with the latest edition of the California Building Code.

7. Lack of, or improper operation of, required ventilating equipment in accordance with the latest edition of the California Building Code.

8. Lack of minimum amounts of natural light and ventilation required in accordance with the latest edition of the California Building Code.

9. Room and space dimensions less than required in accordance with the latest edition of the California Building Code.

10. Lack of required electrical lighting as required by EGMC Section 16.20.200.

11. Excessive dampness of habitable rooms.

12. Infestation of insects, vermin, or rodents.

13. General dilapidation.

14. Lack of connection to functional sewage disposal system as required by EGMC Section 16.20.200.

15. Lack of adequate garbage and rubbish storage and removal as required by EGMC Title 30.

B. Structural hazards which shall include, but not be limited to, the following:

1. Deteriorated or inadequate foundations.

2. Defective or deteriorated flooring or floor supports.

3. Flooring or floor supports of insufficient size to carry imposed loads with safety.

4. Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.

5. Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.

6. Members of ceilings, roofs, ceilings and roof supports, or other horizontal members which sag, split, or buckle due to defective material or deterioration.

7. Members of ceiling, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

8. Fireplaces or chimneys which list, bulge, or settle due to defective material or deterioration.

9. Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

C. Electrical wiring that does not conform with all applicable laws in effect at the time of installation and/or is not maintained in good, safe and properly working condition.

D. Hazardous plumbing, which shall include, but is not limited to the following:

1. Any trap which is defective, unprotected against siphonage and back-pressure by vent pipe or does not have a functional sanitary trap seal;

2. Any plumbing fixture or other waste-discharging receptacle or device which is not supplied with sufficient water for flushing to maintain it in a clean condition; and

3. Any other plumbing condition which is sanitarily unsafe to any person who may occupy the building.

E. Mechanically operated equipment, which shall include, but not be limited to, appliances, appliance venting, duct and ventilation systems, and HVAC systems that does not conform to all applicable laws in effect at the time of installation and/or is not currently in good and safe working condition to establish the minimum acceptable level of safety to protect life and property from the potential dangers associated with the installation and operation of mechanical operated equipment associated with a dwelling.

F. Faulty weather protection, which shall include, but not be limited to, the following:

1. Deteriorated, crumbling, or loose plaster.

2. Deteriorated or ineffective waterproofing of exterior walls, roof, foundations, or floors, including broken windows or doors.

3. Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

4. Broken, rotted, split, or buckled exterior wall coverings or roof coverings.

G. Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of a fire or explosion.

H. Those premises on which a significant accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and/or similar materials or conditions exist constituting a fire, health, or safety hazard.

I. All buildings or portions thereof not provided with adequate exit facilities as required by the California Building Code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy. When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.

J. All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.

(Ord. 2000-1 § 1, eff. 7-1-2000; Ord. 2000-14A § 1, eff. 10-25-2000; Ord. 7-2009 § 3, eff. 5-1-2009; Ord. 4-2012 § 2, eff. 4-27-2012)