Indio Municipal Code Ch. 125 Residential Rental Inspection Program

[Ord. 1830, 2-4-2026]

(A) The City Council finds that:

(1) A significant percentage of the City of Indio's housing stock is held as rental property, and a portion of that stock exhibits substandard and unsafe conditions that threaten the public health, safety, and welfare.

(2) The Code Enforcement Division has documented numerous complaints of habitability violations, including but not limited to inoperative mechanical systems, trash and debris, and inadequate sanitation.

(3) Article XI, § 7 of the California Constitution confers upon cities the police power to protect public health, safety, and welfare.

(4) The Council finds the program established by this chapter is necessary to proactively identify and abate substandard rental conditions, reduce blight, and protect tenants and neighboring property owners.

(B) It is therefore the purpose of this chapter to establish a proactive Residential Rental Inspection Program ("Program") that supplements complaint-based code enforcement by requiring registration of rental properties, periodic inspections, correction of deficiencies, and cost-recovery mechanisms, all consistent with State and Federal law.

[Ord. 1830, 2-4-2026]

For purposes of this chapter, the following definitions apply:

APPLICABLE LAWS

Means the California Building Standards Code (Title 24), the California Residential Code, the California Housing Law (Cal. Health & Safety Code § 17910 et seq.), the City of Indio Municipal Code, Unified Development Code, and any other State or Federal statute, regulation, or ordinance governing health, safety, or habitability.

CITY

Means the City of Indio, California.

DEFICIENCY

Means any condition in, on, or about a Rental Property that violates an Applicable Law.

DIRECTOR

Means the City Manager or the City Manager's designee.

ENFORCEMENT OFFICER

Means a code enforcement officer or other employee designated by the Director to administer and enforce this chapter.

PROPERTY OWNER

Means any person or entity holding title to or having control of a Rental Property.

RENTAL PROPERTY

Means any building, structure, or portion thereof that is rented or leased for residential purposes, including detached single-family dwellings, multifamily buildings, condominiums, cooperative housing projects, accessory dwelling units, and junior accessory dwelling units.

[Ord. 1830, 2-4-2026]

The following dwelling units are exempt from this chapter:

(A) Mobile homes, manufactured homes, recreational vehicles, and other dwelling units located within a mobile-home park regulated under the Mobilehome Parks Act.

(B) Hotels, motels, and other transient-lodging facilities subject to the California Hotel and Motel Fire Safety Act.

(C) Dwelling units that are not available for rent, provided the Property Owner has filed a sworn statement with the Director declaring such status and agrees to register the unit prior to any subsequent rental.

[Ord. 1830, 2-4-2026]

(A) Registration Requirement. Every Property Owner of a non-exempt Rental Property shall register the property with the City on or before March 1 of each calendar year on a form approved by the Director and shall pay the Program fee established by City Council resolution.

(B) Registration Contents. Registration shall include:

(1) Current Property Owner and local property-manager contact information;

(2) A signed affidavit certifying the Rental Property's compliance with Applicable Laws; and

(3) Payment of the registration fee.

(C) Failure to register constitutes a violation of this chapter and is subject to enforcement pursuant to Section 125.08.

[Ord. 1830, 2-4-2026]

Every Property Owner shall:

(A) Maintain the Rental Property and its appurtenant areas free of Deficiencies;

(B) Correct any Deficiencies identified during an inspection within the time specified on the notice of violation; and

(C) Remain responsible for compliance regardless of any private agreement with a tenant, agent, or contractor.

[Ord. 1830, 2-4-2026]

(A) Program Inspections. The Director shall establish an inspection schedule that provides for periodic inspections of Rental Properties, which may include annual inspections of higher-risk properties and less frequent inspections of properties with a history of compliance, based on objective risk criteria adopted by the Director.

(B) Scope of Inspection. Absent consent or a warrant obtained pursuant to Subsection (C) of this section, inspections shall be limited to exterior and other areas observable without entry into dwelling units. Interior inspections may occur upon (1) consent of the occupant or Property Owner, or (2) issuance of an administrative inspection warrant.

(C) Consent and Warrant Procedure.

(1) If entry is refused, the Enforcement Officer shall request voluntary consent from the tenant and Property Owner.

(2) If consent is not obtained, the Enforcement Officer may seek an administrative inspection warrant pursuant to Code of Civil Procedure §§ 1822.50-1822.59.

(D) Re-inspections may be conducted to verify correction of Deficiencies and may be subject to a re-inspection fee reflecting the City's actual cost of providing the service.

(E) Complaint-Based Inspections required under state law shall be conducted without charge to the complainant.

[Ord. 1830, 2-4-2026]

(A) Notice of Violation. If the Enforcement Officer identifies a Deficiency, the Officer shall issue a written Notice of Violation that includes (1) a description of the Deficiency, (2) the Applicable Law violated, (3) a reasonable time to correct, and (4) a statement of the right to appeal.

(B) Appeal Rights. Any person issued a Notice of Violation or administrative citation may appeal to an independent Hearing Officer by filing a written appeal and paying any required appeal fee within fifteen (15) days of service.

(C) Hearing and Decision. The Hearing Officer shall conduct a hearing consistent with Chapter 12 of the Municipal Code and issue a written decision supported by substantial evidence. The decision shall be final, subject to judicial review under Code of Civil Procedure § 1094.5.

[Ord. 1830, 2-4-2026]

(A) Enforcement Authority. This chapter shall be enforced by any peace officer or other person authorized to enforce the Indio Municipal Code.

(B) Administrative Citation. A violation of this chapter shall be punishable by an administrative fine as follows:

(1) One hundred dollars ($100) for a first violation within any 12-month period;

(2) Two hundred dollars ($200) for a second violation within the same 12-month period; and

(3) Five hundred dollars ($500) for each additional violation within the same 12-month period.

(C) Each separate instance and each day during which a violation continues shall constitute a separate violation.

(D) Other Remedies. The City may pursue any available legal or equitable remedy, including but not limited to civil and criminal enforcement, and suspension or revocation of City permits and licenses. Any violation of this chapter shall be filed as an infraction.

(E) Regulations. The Director may adopt rules and regulations and approve forms to implement and enforce this chapter.

[Ord. 1830, 2-4-2026]

(A) The Director shall administer and enforce this chapter and may adopt administrative guidelines consistent with its provisions.

(B) The Director may designate Enforcement Officers and retain third-party inspectors as necessary to implement the Program.

(C) The Director shall maintain records of inspections, warrants, notices, and enforcement actions for the time periods specified in the City's adopted records retention schedule.

[Ord. 1830, 2-4-2026]

Program fees, re-inspection fees, and appeal fees shall be established by resolution of the City Council.

[Ord. 1830, 2-4-2026]

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter.