Hawaiian Gardens Municipal Code Ch. 16.06 Residential Rental Inspection

No persons shall rent, lease, occupy or otherwise permit any unit which is hereafter vacated by the previous occupant thereof to be reoccupied until such unit is registered with and inspected by the City Department of Planning and Community Development or provided with a certificate of exemption.

(Ord. 401 § 2, 1993)

No persons shall supply, provide or arrange for the provision of utilities, including water, electricity and gas, for any unit which has been vacated by its prior occupants unless such unit has been registered as required in this chapter and the owner presents proof of registration and inspection or proof of exemption to the utility company.

(Ord. 401 § 2, 1993)

The owner of every unit shall, prior to renting or reoccupying a unit, obtain a registration and inspection certificate from the Director filing a written application on a form to be prescribed by the Director and payment of registration and inspection fee. The fee shall be set by separate resolution of the City Council in accordance with applicable State law.

(Ord. 401 § 2, 1993)

The Director shall cause each unit to be inspected upon release of a unit or upon change of tenants or upon any complaint by the public, owner or tenant. The Director shall inspect the unit for compliance with applicable sections of State and local codes relating to zoning, building, health and safety, and property maintenance.

(Ord. 401 § 2, 1993)

Where violations are found, the property owner shall reimburse the City for all costs incurred by the City for obtaining compliance.

(Ord. 401 § 2, 1993)

A. The registration certificate shall expire upon re-lease of the unit or upon any change of tenants, or upon change of property ownership, whichever occurs first.

B. The registration certificate shall state:

1. The date of issue;

2. The legal use of the property;

3. The address of the property;

4. The property owner's name and address;

5. A registration number;

6. A notice that it will expire upon re-lease of the unit, or upon any change of tenants, or upon any change of property ownership, should any of these events occur;

7. Any other pertinent information.

(Ord. 401 § 2, 1993)

Exemptions to the provisions of this chapter include:

A. Owner-occupied dwellings;

B. Mobile home parks which have been issued a certificate of exemption;

C. Reconnection of utilities turned off by the utility for lack of payment.

(Ord. 401 § 2, 1993)

Any person aggrieved by the determination of the Review Board under this chapter may appeal to the City Council. The appeal must be filed in writing within seven days after the notification to the aggrieved person of the decision being appealed. The appeal must be in writing and must state with specificity the reason why the Board's decision is being contested. The City Council may hold a hearing with the aggrieved party or only review the written statements. The Review Board shall issue a written report to the City Council on the appeal within 30 days of the receipt of the written appeal. The aggrieved person shall be notified in writing of the City Council decision on the appeal.

(Ord. 401 § 2, 1993)

Any violation of any section of this chapter is a misdemeanor, punishable in accordance with Chapter 1.12.

(Ord. 401 § 2, 1993)

The City finds that it is a public nuisance to have or maintain any rental property, which, upon inspection, fails to comply with State and local laws as they relate to housing standards, health standards, property maintenance, building codes or local zoning requirements, or which contains substandard conditions as set forth in this chapter. The owner shall correct any violations of law discovered during the inspection when directed to do so by the Director.

(Ord. 401 § 2, 1993)

The issuance of the certificate or report provided for by this chapter is not a representation by the City that the subject property, or its present use, is or is not, in compliance with the law. Further, pursuant to the immunities granted by California Government Code Sections 815, 815(b), 818.2 and 818.4, neither the enactment of this chapter nor the preparation of and delivery of any report or certificate required hereunder shall impose a liability upon the City for any errors or omissions contained in the report or certificate, nor the failure to inspect, nor shall the City bear any liability not otherwise imposed by law.

(Ord. 401 § 2, 1993)