La Mesa Municipal Code Ch. 19.04 Apartment Houses and Hotels

For the purpose of this chapter, the words "hotel" and "apartment house," unless otherwise herein specified, shall have the following meaning:

HOTEL means any structure, or any portion of a structure, including any lodging house, rooming house, dormitory, turkish bath, bachelor hotel, studio hotel, public club, or private club, containing six or more guest rooms and which is occupied, or is intended or designed for occupation, by six or more guests, whether rent is paid in money, goods, labor or otherwise. It does not include any jail, hospital, asylum, sanitarium, orphanage, prison, detention, or other building in which human beings are housed and detained under legal restraint.

APARTMENT HOUSE means any structure more than one story in height, or any portion of any such structure occupied, or designed, built or rented for occupation, as a home by three or more families, each living in a separate apartment and cooking within the structure.

(Ord. 2051, § 1, Feb. 10, 1976; San Diego County Ord. 447 NS (part), as adopted by Ord. 447; Dec. 9, 1952)

The county surveyor and road commissioner, in addition to his other duties, is hereby designated as the officer to enforce, and is charged with the enforcement of the provisions of the state housing act, Division 13, Part 1, health and safety code, pertaining to the regulating, the erection, construction, alteration and maintenance of buildings in the city of La Mesa.

(San Diego County Ord. 447 NS (part), as adopted by Ord. 447; December 9, 1952)

The health officer of the county of San Diego*, in addition to his other duties, is hereby designated as the officer to enforce, and is charged with the enforcement of the provisions of the state housing act pertaining to sanitation, ventilation, use or occupancy of apartment houses and hotels within the city of La Mesa.

(San Diego County Ord. 447 NS (part), as adopted by Ord. 447; December 9, 1952)

* The county health officer being designated, by Ordinance 447 of the city of La Mesa, as the health officer for the city of La Mesa.

It is the duty of said health officer to inspect all hotels and apartment houses as often as request therefor shall be made or whenever said health officer shall deem it necessary, and in any event as often as once in each year.

(San Diego County Ord. 1158 NS (part), as adopted by Ord. 447; December 9, 1952)

It is unlawful to occupy, or to permit to be occupied, any apartment house or hotel as such premises are defined in that certain act of the Legislature of the state of California, known as the state housing act, now or hereafter erected, constructed, reconstructed, altered, converted or moved, as the case may be, or any portion thereof, for human habitation until the issuance of a permit by the health officer for the county of San Diego therefor.

(San Diego County Ord. 447 NS (part), as adopted by Ord. 447; December 9, 1952)

Every applicant for such permit shall file with the health department of the county of San Diego a written application which shall state the name and address of the applicant, a description of the property wherein or whereon it is proposed to conduct such hotel or apartment house, and such other information as the board of health of the county of San Diego by regulation may require.

Every applicant for such permit shall, at the time of making such application, deposit with and pay to the clerk designated by the board of health to receive such applications the annual inspection fee hereafter in this chapter established.

(San Diego County Ord. 447 NS (part), as adopted by Ord. 447; December 9, 1952)

Upon the filing of application, accompanied by the fee herein required, it shall be the duty of the health officer of the county of San Diego to investigate the matter set forth in such application, and the sanitary conditions in and about the place wherein or whereon it is proposed to conduct the business mentioned in the application and whether said place conforms to the requirements of the county of San Diego, and with the rules and regulations of the board of health of the county of San Diego, and unless it shall appear to the satisfaction of the health officer that such place conforms to the requirements of this chapter, and is a proper and suitable place for such business, such application shall be denied.

(San Diego County Ord. 447 NS (part), as adopted by Ord. 447; December 9, 1952)

A permit shall be granted only on the express condition that it shall be subject to revocation or suspension by said health department upon a showing satisfactory to said health department of the violation by the holder of such permit, his employee, servant or agent, or any other person acting with his consent, or under his authority of any provision of any ordinance of the county of San Diego, or any law of the state of California, or any rule of the board of health of the county of San Diego, pertaining to establishments subject to regulation and enforcement of the provisions of the state housing act, health and safety code.

(San Diego County Ord. 447 NS (part), as adopted by Ord. 447; December 9, 1952)

A permit for which application is made, under the provisions of this chapter, may be granted at any time during this year; but all permits granted hereunder shall expire on the thirty-first day of December of the year in which the same are granted.

(San Diego County Ord. 447 NS § 7 (part), as adopted by Ord. 447, as amended by Ord. 658; October 25, 1955)

All permits issued to any person shall not be transferable to any other person or from one location to another location.

(San Diego County Ord. 447 NS § 7 (part), as adopted by Ord. 447, as amended by Ord. 658; October 25, 1955)

Every person applying for a permit required by this chapter shall, at the time of making application for such permit, pay an annual inspection fee established by the county of San Diego.

In the event application is not made and the fee not paid within the time prescribed in Sections 19.04.140 or 19.04.160, "Penalties" shall be imposed as prescribed in said sections.

For the purpose of this section a "unit" shall mean each apartment in an apartment house, each sleeping room in a hotel, and each apartment and each hotel sleeping room in a building containing both apartments and hotel sleeping rooms.

Separate apartment house buildings and separate hotel buildings, or combination thereof located upon a single parcel of land or contiguous parcels of land under the same ownership shall be treated as one apartment house or hotel for the purpose of computing the fee prescribed by this section.

(Ord. 2299; September 23, 1982, as amended by Ord. 2371, § 26; August 28, 1984)

In any case where the applicant has failed for a period of thirty days to file the application and obtain the required permit or license, there shall be added to and collected with the required fee a penalty established by the county of San Diego. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this chapter or any ordinance or prosecution for violation of this chapter or any ordinance.

(Ord. 2051, § 3; February 10, 1976, San Diego County Ord. 447 NS § 7 (part), as adopted by Ord. 447, as amended by Ord. 658; October 25, 1955, Ord. 2371, § 27; August 28, 1984)

Repealed by Ord. 2051, § 6; February 10, 1976.

A permit or license issued pursuant to this division shall expire on the thirty-first day of December of the year for which it is issued and each such permit of license shall be renewed annually. Application for the renewal shall be made to the health department. At the time the application is made there shall be paid to the Health Department the required annual fee, which fee is due and payable January 1st of each year. The annual fee, if unpaid, is delinquent January 31st at 5:00 p.m. following the date it is due, and thereafter a penalty equal to ten percent of the annual fee shall be added thereto and shall be collected at the time application for renewal is made.

If the annual fee and penalty is not paid prior to the end of February of the year in which due, there shall be added to and collected with the annual fee an additional penalty equal to ten percent of the annual fee for each month or fraction of a month (commencing with the month of March) during which the annual fee or any penalty continues to remain unpaid; provided, however, in no event shall the total penalty added to the annual fee pursuant to this section be more than sixty (60) percent of the annual fee. The imposition of or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by this chapter or any ordinance.

(Ord. 2051, § 4, Feb. 10, 1976; San Diego County Ord. 447 NS § 7.1 (part), as adopted by Ord. 447 and amended by Ord. 658, October 25, 1955)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty dollars ($20), nor more than five hundred dollars ($500), or by imprisonment in the County Jail for a period of not less than five days nor more than six months, or by both such fine and imprisonment.

(Ord. 2051, § 5, Feb. 10, 1976; San Diego County Ord. 447 § 7.1 (part), added by Ord. 658, Oct. 25, 1955)

Repealed.

(Ord. 2051, § 6, Feb. 10, 1976)