Indian Wells Municipal Code Ch. 8.12 ENFORCEMENT OF State HOUSING LAW

Note: For regulations governing business licenses and regulations, see Title 5 of this Code.

The purpose of this Chapter is to provide for the enforcement of that portion of the State Housing Law (California Health and Safety Code, Section 17910 et seq. entitled "Regulation of Buildings Used for Human Habitation") which regulates the maintenance, sanitation, ventilation, use and occupancy of apartment houses, hotels and motels in the City and to require a fee therefor, in order to promote, protect and secure the public health, safety and general welfare.

(Ord. 49 § 1, 1969)

Pursuant to Health and Safety Code Section 17964, the Environmental Control Officer of the City is designated as an officer charged with the responsibility of enforcement of that portion of Division 13, Part 1.5 of the Health and Safety Code (Section 17910 et seq.) and any applicable California Administrative Code regulations adopted pursuant thereto, which regulates the maintenance, sanitation, ventilation, use and occupancy of apartment houses, hotels and motels.

(Ord. 49 § 2, 1969)

All terms used in this Chapter shall have the meaning ascribed to them in the Health and Safety Code and the California Administrative Code, except that the term "motel" shall have the same meaning as the word "hotel" until such time as the word "motel" is defined in the code or codes.

(Ord. 49 § 3, 1969)

In addition to the certificate of occupancy required pursuant to the California Administrative Code, no person shall operate, or permit the use of, an apartment house, hotel or motel in the City unless he holds a current, unrevoked annual permit issued by the City. Applications shall be made to the Environmental Control Officer upon the forms provided by the Health Department, which shall be accompanied by the appropriate fee. Upon receipt of a completed application, the Environmental Control Officer shall cause an inspection to be made of the facility, and shall issue a permit therefor if it is found to be in conformity with all applicable requirements.

(a) Fees. The fee for a permit to operate an apartment house, hotel or motel shall be a sum equal to $2 for each apartment house unit, hotel unit, or motel unit, provided that a permit for an apartment house, hotel or motel, shall not be less than $10 per year. All fees shall be paid in advance and no portion shall be rebated or refunded;

(b) Term of Permits. Permits shall expire on June 30th following issuance and must be renewed within 30 days following the expiration date. Permit fees for apartment houses, hotels and motels beginning operation during the permit year shall be prorated on a monthly basis and all such permits shall expire June 30th;

(c) Penalty Fee for Failure to Renew Permit. Every person having a permit who fails to renew the permit within the prescribed time shall in addition to the required fee, pay a penalty fee in the amount of 25% of the required fee;

(d) Fees for Supplemental Permits. Fees for supplemental permits issued for units added after issuance of the regular permit shall be prorated on a monthly basis and the expiration date of the supplemental permit shall be the same as the expiration date of the regular permit;

(e) Transfer of Ownership. Upon transfer of ownership or possession of an apartment house, hotel or motel that is operating under an existing valid permit, a request for transfer of the permit to operate shall be made, which shall be accompanied by a current certificate of occupancy issued as prescribed in the California Administrative Code. Failure to apply for a transfer of permit upon change of ownership or possession, within 30 days of such transfer, shall require payment of a fee equal to 25% of the original permit fee;

(f) Posting of Permit. Every permit shall be kept posted in a conspicuous place in the office of each apartment house, hotel or motel for which it is issued.

(Ord. 49 § 4, 1969)