Guadalupe Municipal Code Ch. 8.40 Rent Prohibited for Unsafe Buildings

Due to the acute housing shortage that exists in the City and elsewhere, great difficulty is encountered in abating unsafe buildings within the City due to refusal of persons to leave the unsafe premises, and the continued benefitting of the owner by the rent income derived from unsafe premises. Tenants of such premises have certain constitutional rights which prevent their summary eviction and, even though suitable facilities for tenants of unsafe buildings may be found elsewhere, the owners of the same refuse to evict tenants and are capable of finding new tenants for such unsafe premises. The purpose of this chapter is to prevent the owners of such unsafe premises from capitalizing on their own wrongdoing, and to encourage the owners to promptly comply with an order declaring a building dangerous, substandard, damaged or unsafe.

(Ord. 223 §1, 1982)

The provisions of this chapter shall be applicable to all buildings being used for human habitation for which an order has become final under the provisions of the City building ordinances, which require the repair, vacation or demolition of such buildings, whether the order has become final prior to the adoption of the ordinance codified in this chapter, or becomes final subsequent to the adoption of such ordinance.

(Ord. 223 §3, 1982)

A. After an order of the City Building Official or the City Council becomes final that determines that a building is dangerous, substandard or unsafe for human habitation in the City, it is unlawful:

1. For any person, directly or indirectly, to pay any rent, perform any services or give anything of value whatsoever for the privilege of continuing to reside in, use or occupy for any purpose of human use, occupation or habitation of any such premises; and

2. For any person, firm or corporation to receive any rent, accept any services or receive anything of value whatsoever for the human use, occupation or habitation of any such premises;

3. For any person, after notice, to continue to reside in, use or occupy such premises; provided, however, this subsection A3 shall not prevent the owner nor the City from demolishing such premises, nor the owner from renovating the same so long as they are not continued to be used in any way for human habitation.

B. The provisions of this section shall be enforced by injunction by courts of competent jurisdiction.

(Ord. 223 §2, 1982)