Lancaster Municipal Code Ch. 5.40 Rental Housing Business License and Preservation Inspection Program

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*Prior ordinance history: Ord. 822.

This chapter shall be known as the rental housing business license and preservation inspection program of the city of Lancaster, may be cited as such, and will be referred to herein as "this chapter."

(Ord. 869 § 1 Exh. A (part), 2007)

The existence of substandard and unsanitary residential rental properties and residential rental units, the physical conditions and characteristics of which violate applicable state housing, county and local codes and render them unfit or unsafe for human occupancy and habitation, threatens the physical, social, and economic stability of sound residential buildings and areas, and their supporting neighborhood facilities and institutions; necessitates disproportionate expenditures of public funds for remedial action; impairs the efficient and economical exercise of governmental power and functions; and destroys the amenity of residential areas and neighborhoods and the community as a whole. It has been statistically demonstrated that areas with rental housing facilities are responsible for a disproportionate share of police calls for service.

The disproportionate demand upon police services necessitates a disproportionate expenditure of public funds for such properties and impairs the property value of these properties and the surrounding neighborhoods as well as community as a whole.

It is the purpose of this chapter to implement a crime free rental housing program ("LANCAP") to provide a stable, more satisfied tenant base; increase demand for rental units with a reputation for active management; lower maintenance and repair costs; increase property values, and improve the personal safety for tenants, landlords, and managers.

It is also the purpose of this chapter to identify the existence of substandard and unsanitary residential rental properties and rental units and to cause the owner thereof to cure such defects.

For these reasons, it is in the public interest for the protection of the health and safety of the people of Lancaster to protect and promote the existence of sound and wholesome residential rental properties and residential rental units by the adoption of regulations for participants in LANCAP training and the periodic inspection of such structures.

(Ord. 869 § 1 Exh. A (part), 2007)

A. The provisions of this chapter shall apply to all residential rental properties in the city of Lancaster and all accessory uses thereon, including parking lots, driveways, landscaping, accessory structures, fences, walls, interior and exterior common areas, swimming pools, hot tubs, and spas. This chapter shall not apply to:

1. Housing accommodations in hotels, motels, inns, or tourist homes. This exception does not apply to single room occupancy hotels.

2. Housing accommodations in any hospital; state licensed group homes; convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facility; asylum; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school of occupancy by its students.

3. Mobilehomes, or mobilehome parks, or recreational vehicles as defined in Section 799.24 of the California Civil Code, or recreational vehicle parks.

4. Housing accommodations in any group home defined in Chapter 5.44 of this title, except to the extent provided in Chapter 5.44.

B. The provisions of this chapter are supplementary and complementary to the Applicable Codes. Nothing in this chapter may be construed to: (i) excuse or modify any requirement or obligation in the Applicable Codes or in any other laws or regulations, (ii) waive, limit or modify any prohibition thereof, or, (iii) limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute, or this code, in any manner allowed by law.

(Ord. 869 § 1 Exh. A (part), 2007)

Rental housing operators shall comply with federal fair housing laws and grant persons with disabilities the ability to make reasonable accommodation requests for equal opportunity use and enjoyment of a dwelling. The rental housing operator shall not refuse residency to persons with disabilities, or place conditions on their residency, on the basis of those persons requiring reasonable accommodation.

(Ord. No. 971, § 1, 10-25-2011)

For purposes of this chapter, the following words and phrases have the following meanings:

"Annual LANCAP recertification" shall have the meaning attributed to such term in Section 5.40.070 of this chapter.

"Applicable Codes" means and includes all state statutes and regulations, county codes of the Lancaster Municipal Code (hereafter the "code") that pertain to the condition, habitability and safety of residential rental units, as defined in this chapter. Applicable Codes include, without limitation, the State Housing Law (CA Health and Safety Code, Sections 17910 et seq.); the Los Angeles County Public Health Ordinance No. 7583 as adopted pursuant to Section 8.08.010 of this code; Chapters 8.28 (Property Maintenance) and 8.30 (Residential Landscaping Installation and Maintenance) of this code, as well as pertinent chapters of Title 15 (Buildings and Construction) of this code.

"Building inspector" means an inspector who shall possess all statutorily mandated certifications to enforce state building and construction codes.

"Building official" who shall possess all statutorily mandated certifications to enforce state building and construction codes.

"Business" means and includes all activities engaged in with the object of gain, benefit, or advantage, directly or indirectly, from the operation of rental housing.

"Certificate of rental inspection compliance" means a certificate issued by the director for residential rental properties, certifying compliance with this chapter and Applicable Codes.

"City manager" means the city manager of the city of Lancaster, or his or her designated representatives.

"Code enforcement officer" who is designated by the city manager to enforce Applicable Codes.

"Complaint" means a complaint described in Section 5.40.110 of this chapter.

"Director" means the director of housing and neighborhood revitalization, or his or her designee.

"Dwelling unit" means a structure or a separate and distinct part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.

"Housing and property maintenance standards" means and includes those that are established by, or set forth in, the Applicable Codes.

"Inspection frequency" means the length of time between required inspections as provided in Section 5.40.100 of this code.

"LANCAP" means the Lancaster community appreciation program.

"LANCAP certification" means the licensee's successful completion of all three phases of the LANCAP crime free rental housing program.

"LANCAP certified property" means a residential rental property certified to meet the requirements of the city's LANCAP program.

"License year" means the twelve (12) month period commencing on the first day of the calendar month next following the issuance of the rental housing business license.

"Major violation" means any one or more of the following violations:

1. Heating, air condition, mechanical or plumbing systems not fully operational at any time.

2. Hazardous code violations, including any one or more of the following:

a. Exposed electrical wiring;

b. Collapsed ceiling or walls caused by water leakage;

c. Water, gas or sewage leakage into walls, floors or onto the ground;

d. Structural damage resulting in the building being determined by the building inspector to be unsafe;

e. Fire alarm system not fully operational;

f. Firewalls damaged or not maintained.

"Noncompliance with notice and order" means that the owner, his authorized agent, or other responsible party does not make required repairs as provided in notice and order from the city manager in a timely manner with all required city approvals, permits and inspections.

"Notice and order" means the notice and order to repair violations issued pursuant to Section 5.04.080(B) of this chapter.

"Operator" means a person who operates or manages a residential rental property.

"Other violations" means any violation of law other than those defined as a major violation in this chapter.

"Owner" means and includes any person having legal title to, or who leases, rents, occupies or has charge, control or possession of, any real property in the city, including all persons shown as owners on the last equalized assessment roll of the Los Angeles County Assessor's office. Owners include persons with powers of attorney, executors of estates, trustees, or who are court appointed administrators, conservators, guardians or receivers.

"Person," as used in this chapter, means and includes any individual, partnership of any kind, corporation, limited liability company, association, joint venture or other organization or entity, however formed, as well as trustees, heirs, executors, administrators, or assigns, or any combination of such persons. "Person" also includes any public entity or agency that acts as an owner in the city.

"Phase 1" means the Phase 1 LANCAP crime free rental housing training session.

"Phase 1 certificate" means the certificate issued upon licensee's attendance and successful completion of a Phase 1 LANCAP crime free rental housing training session.

"Phase 2" means compliance with the LANCAP crime prevention through environmental design (C.P.T.E.D.) recommendations.

"Phase 2 certificate" means the certificate issued upon licensee's compliance with LANCAP crime prevention through environmental design (C.P.T.E.D.) recommendations.

"Phase 3" means the hosting of a rental community crime prevention training session at licensee's property (or such other place designated by the city manager or his designee).

"Phase 3 certificate" means the certificate issued upon hosting a rental community crime prevention training session at the licensee's property (or such other place designated by the city manager).

"Repair request form" means a two-part city-approved form that the owner of a property must provide to all tenants. The form shall indicate the address the form is to be delivered to for repair requests and an area for the manager or owner to sign the receipt of the repair request. The owner shall provide a copy of the request to the tenant.

"Residential rental property" means a parcel of real property upon which a residential rental unit is located.

"Residential rental unit" means a rented or leased residential dwelling unit within a single-family or multi-residential building. A "residential rental unit" includes a single-family dwelling, or a unit in a multifamily or multipurpose dwelling, or a unit in a condominium or cooperative housing project, or any room or group of rooms located within a dwelling and forming a single unit with facilities that are used or intended to be used for living, sleeping, cooking or eating and which is hired, rented or leased by a person within the meaning of California Civil Code Section 1940. The definition of residential rental unit applies to single room occupancy hotels but does not apply to any other hotels, motels, or bed and breakfast facilities. For purposes of this definition, a state licensed group home and an unlicensed group home occupying a single-family home shall be treated as a single residential rental unit.

"Violation" means either a major violation or other violation.

(Ord. 869 § 1 Exh. A (part), 2007)

A. No person shall operate a residential rental property in the city without securing and maintaining a current rental housing business license as required by this chapter.

B. Each owner or operator, on behalf of the owner, shall submit an application for rental housing business license on a form provided by the director. Applications shall be subject to verification by the director. Any person who makes a false statement in the application shall be guilty of a misdemeanor.

1. Contents of Application. The application shall contain or be accompanied by the following information:

a. The type of ownership of the proposed residential rental property, i.e., whether by individual, partnership, corporation, or otherwise;

b. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation and the names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent of the stock of that corporation. If one or more of the officers, directors, or stockholders is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

c. If the applicant is a partnership, the application shall set forth the name and residence of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

d. If the applicant is a limited liability company, the application shall set forth the name of the company exactly as shown in its articles of organization or operating agreement, together with the names and residence addresses of each of its officers, directors, and each member along with a description of the relative interests of each member. If one or more of the officers, directors, or members is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;

e. If the applicant is the operator, then the application shall set forth or attach the information required by subsections (B)(1)(b) through (B)(1)(d) of this section with respect to the owner and shall be accompanied by evidence satisfactory to the director that the operator is authorized by the owner to submit the application;

f. The address of the residential rental property;

g. The name, address and telephone number for the operator or designated responsible person for the premises and any other person designated to be contacted in the event of emergency at the premises;

h. A description of any other business operated or to be operated at the same premises;

i. Authorization for the city, its employees and agents to seek information and conduct an investigation, including, but not limited to, a criminal background check, to verify the information contained within the application;

j. Authorization for the city, its employees and agents to inspect the property in accordance with this chapter;

k. After the initial inspection provided for in Section 5.40.080 of this chapter, the application shall be accompanied by a copy of the current certificate of rental inspection compliance;

l. With respect to any residential rental property with sixteen (16) or more residential rental units, on or after January 1, 2008, the application shall be accompanied by copy of the current LANCAP certification;

m. Such other identification and information as the director may require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

2. Processing of Application. The director shall determine whether the applicant has submitted a complete application for a rental housing business license within twenty (20) days of its submission. An application is complete if it has been fully and properly completed in accordance with this section and the nonrefundable fee required pursuant to Section 5.40.060 of this chapter has been tendered. If the director determines that the applicant has not submitted a complete application, the director shall promptly notify the applicant of such fact. The applicant may request to withdraw the application in order to provide additional time to complete the required information. However, if the applicant withdraws the application, the review period ends, and the completed application will be processed as a new submittal. Upon determination by the director that a complete application has been submitted, the director shall issue or deny the issuance of the rental housing business license within twenty (20) days of such determination.

3. Extension of Time. The director may extend the time for filing an application required pursuant to this chapter for good cause, for a period not exceeding thirty (30) days, and may waive any penalty that would otherwise accrue thereon.

C. Annually, on or about July 1st of each year the director shall forward to the Los Angeles County Community Development Commission, a list of property addresses and name of the owners with respect to all properties for which a rental housing business license has been issued in accordance herewith. The director shall also notify to the Los Angeles County Community Development Commission of the revocation of any rental housing business license.

(Ord. 869 § 1 Exh. A (part), 2007)

A. The application for a rental housing business license including any renewal thereof shall be accompanied by a nonrefundable fee in an amount established by a resolution of the city council. The rental housing business license fee shall be used to defray the costs of processing, training and enforcement.

B. The rental housing business license fee shall be for the license year and each applicant must pay the full fee for the license year upon submission of the application for the rental housing business license.

C. A separate residential rental inspection fee in the amount established by resolution of the city council shall be paid initially within six months of the effective date of the ordinance codified in this chapter or upon receipt of a request to inspect pursuant to Section 5.040.080 of this chapter, whichever comes first and thereafter upon receipt of the request to inspect pursuant to Section 5.40.080. The residential rental inspection fee shall be used to defray the costs of investigation, inspection, reporting, processing and enforcement.

D. The rental housing business license and the fee required by this chapter is in lieu of, and not in addition to, the general business license fee required by Chapter 5.04 of this title for the operation of rental housing. Any rental housing operator who holds a valid business license on the effective date of the ordinance codified in this chapter to the extent it is applicable to the operation of rental housing shall be entitled to a credit for the full amount of the business license fee paid pursuant to Chapter 5.04. This credit shall not apply to any person who operates a business separate from the operation of rental housing.

E. Penalty.

1. Failure to Pay Fee. For failure to apply a license fee when due, the finance director shall add a penalty of twenty (20) percent of the license fee on the first date of the month following the due date and ten (10) percent of each month thereafter while the fee remains unpaid, provided that the amount of the penalty shall not exceed fifty (50) percent of the amount of the license fee due.

2. Failure to Obtain License. If a person fails to obtain a license, the license fee due shall be that amount due and payable from the first date when the person engaged in business in the city, together with the penalty described in subsection (E)(1) of this section.

(Ord. 869 § 1 Exh. A (part), 2007)

A. There is established the LANCAP crime free rental housing program which shall consist of a three-phase certification process to address crime in rental housing areas. The city manager or his designee may establish guidelines for implementation of the LANCAP crime free rental housing program which shall include, but not be limited to, criteria for determining the satisfactory completion of each phase of the LANCAP program.

B. The owner or the operator, on behalf of the owner, of any residential rental property with sixteen (16) or more residential rental units shall obtain the LANCAP certification not later than December 31, 2007 and shall thereafter maintain an annual LANCAP recertification.

C. After completion of all three phases of the LANCAP crime free rental housing program and receipt of the LANCAP certification, in order to maintain LANCAP certification, on or about the anniversary of issuance of the LANCAP certification and annually thereafter, the licensee shall have its property inspected by a LANCAP official for continued compliance with the crime free rental housing program in accordance with the guidelines established pursuant to this section (the "annual LANCAP recertification"). Such inspection is in addition to and not in lieu of the inspection required by Section 5.40.080 of this chapter. In the event that any management staff are replaced, the new manager(s) must schedule a Phase 1 training session within thirty (30) days of commencement of duties in order to maintain the LANCAP certification and submit proof of completion to the director.

D. The owners or operators of residential rental property with fewer than sixteen (16) residential rental units are encouraged but are not required to complete Phase 1 of the LANCAP program.

(Ord. 869 § 1 Exh. A (part), 2007)

A. Owners shall allow the city to conduct an inspection of their residential rental properties for compliance with all applicable codes and the city's housing and property maintenance standards. Owners shall provide access to all requested areas of a residential rental property for inspection within ten (10) calendar days of the director's request. The director, in his or her discretion, may include inspections by other city departments and/or Los Angeles County enforcement agencies, including, but not limited to, the county health department and fire department.

B. Upon completion of the inspection, if no violations are identified, the director shall proceed with the issuance of a certificate of rental inspection compliance in accordance with and upon satisfaction of the requirements of Section 5.40.090 of this chapter. If one or more violations are identified, then the director shall issue a notice and order to the owner describing the violation and setting forth a time within which such violations shall be corrected. The owner shall pay a re-inspection fee in an account established by resolution of the city council for each re-inspection following the issuance of notice of violation. All violations shall be corrected within thirty (30) days with all city required permits, approvals and inspections.

C. Residential rental properties shall be inspected initially not later than March 23, 2010. Thereafter, residential rental properties shall be inspected in accordance with the frequency schedule set forth in Section 5.40.100 of this chapter.

(Ord. 869 § 1 Exh. A (part), 2007)

A. After the initial inspection, owners of all residential rental units shall obtain and maintain a valid and current certificate of rental inspection compliance at all times. From and after the date of the initial inspection, all residential rental units that do not have a certificate of rental inspection compliance, and their owners, shall be in violation of this chapter.

B. A certificate of rental inspection compliance shall be issued for all residential rental units only upon completion of the following:

(1) The residential rental unit has been fully inspected and approved by the director.

(2) Any existing violations have been corrected and/or repaired with all required permits, approvals and inspections.

(3) Residential rental properties with sixteen (16) or more residential rental units shall have a sign showing owner or management company name, address, and phone number posted in the on-site manager unit or management office, if any, which shall be identified by a notice at the front entrance to the property and shall be posted in a manner approved by the director.

C. Issuance of a certificate of rental inspection compliance shall not constitute a guarantee or warranty of the habitability or complete compliance with the city's housing and property maintenance standards or with the applicable codes, and the occupant of any residential rental unit shall not rely on the certificate of rental inspection compliance as such a guarantee or warranty. The certificate of rental inspection compliance shall contain a notice to this effect. The city shall not assume any liability to any person by reason of the inspections required by this chapter or the issuance of a certificate of rental inspection compliance. Certificates of rental inspection compliance shall expire on the expiration date shown on the certificate and shall be renewed prior to such date. The director shall determine the expiration date of certificates of rental inspection compliance and an inspection frequency schedule based on the schedule set forth in Section 5.04.100 of this chapter.

D. The director shall maintain a current listing of all residential rental properties for which a certificate of residential inspection compliance has been issued. The director shall provide a copy of the list, not less often than quarterly, to the community development commission of Los Angeles County or any other entity responsible for administering the Section 8, Housing program.

(Ord. 869 § 1 Exh. A (part), 2007)

A. The owner shall make available all residential rental units for inspection within ten (10) calendar days of the director's request in accordance with the schedule set forth in this section. The director, in his or her discretion, may require inspections by other city departments and/or Los Angeles County enforcement agencies, including, but not limited to, the county health department and fire department.

B. Residential rental properties shall be inspected in accordance with the following schedule:

1. Major violation found: one year from the date of issuance of the certificate of rental inspection compliance.

2. Other violations found but all violation corrections fully completed within thirty (30) days after notice by code enforcement officer: three years from the date of issuance of the certificate of rental inspection compliance.

3. Other violations found but all violation corrections not fully completed within thirty (30) days after notice and order: two years from the date of issuance of the certificate of rental inspection compliance.

4. Within the time determined by the director upon receipt of a complaint described in Section 5.40.110 of this chapter.

(Ord. 869 § 1 Exh. A (part), 2007)

Upon receipt of a complaint of violations of the housing and property maintenance standards, the code enforcement officer shall inspect the pertinent unit(s) and/or area(s) of the residential rental property. All violations shall be fully corrected with all city required permits, approvals and inspections and re-inspected within the time specified on the notice and order of the code enforcement officer in order to maintain a current certificate of rental inspection compliance for a residential rental property. Noncompliance with a notice and order of the code enforcement officer shall automatically terminate the certificate of rental inspection compliance and render it null and void.

(Ord. 869 § 1 Exh. A (part), 2007)

A. This chapter is not intended to, and shall not be construed to limit, in any way, the remedies available to the city to prosecute persons for violations of law or to abate public nuisances. The city may, notwithstanding the existence or nonexistence of a certificate of rental inspection compliance, proceed at any time with any remedy permitted by law or equity to address violations of law or of this chapter.

B. Upon termination or expiration of a certificate of rental inspection compliance, the director shall not re-issue a new certificate of rental inspection compliance until all of the following conditions are met:

1. All violations have been fully abated with all required city permits, approvals and inspections;

2. All civil fines, as well as all investigative and inspection costs and fees incurred by the city in connection with a violation on premises or within structures that are regulated by this chapter, have been paid to the city;

3. Re-inspection shall be completed by a code enforcement officer for all residential rental units on the residential rental property.

(Ord. 869 § 1 Exh. A (part), 2007)

When ownership of a residential rental property changes, either the new owner or the prior owner shall notify the director of this event on a city approved form on or prior to the consummation of the sale or recordation of an instrument of conveyance with the Los Angeles County Recorder's office, whichever is earlier. If the director is not so notified, the existing certificate of rental inspection compliance shall automatically terminate and be null and void. The new owner shall apply for and obtain a rental housing business license as required by Section 5.40.050 of this chapter on or prior to the change of ownership. All property sign postings, that are required by this chapter, shall be updated within fifteen (15) calendar days following the change of ownership.

(Ord. 869 § 1 Exh. A (part), 2007)

If, after a notice and order to correct, a property owner fails to correct a violation of the applicable codes within the time allowed, the city may seek code compliance by any remedy allowed under this code or any other remedy allowed by law.

(Ord. 869 § 1 Exh. A (part), 2007)

A. If the premises are occupied, the director shall, before entering a residential rental unit, first present proper credentials to the occupant and request entry explaining his reasons;

B. If the premises are unoccupied, the director shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and request entry, explaining the reasons;

C. If entry is refused or cannot be obtained, the director shall have recourse to every remedy provided by law to secure lawful entry and inspect the premises, including but not limited to securing an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57. The director shall provide notice that a warrant has been issued to both the owner and the occupant at least twenty-four (24) hours before the warrant is executed, unless the judge finds that immediate execution is reasonably necessary in the circumstances shown;

D. Notwithstanding the foregoing, if the director has reasonable cause to believe that the residential rental property or residential rental unit is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the public health or safety, the director shall have the right to immediately enter and inspect the premises and may use any reasonable means required to effect the entry and make an inspection.

(Ord. 869 § 1 Exh. A (part), 2007)

It is unlawful for a property owner to recover possession of a residential rental unit in retaliation against a tenant for exercising his or her right to file a complaint with the city that a code violation may exist. In any action by or against a tenant, evidence of the exercise by the tenant of his or her right under Section 1942.5 of the California Civil Code occurring within six months of the alleged retaliation shall create a presumption that the property owner's conduct was in retaliation for the tenant's exercise of rights under this code.

(Ord. 869 § 1 Exh. A (part), 2007)

The director shall revoke a rental housing business license, in addition to any other basis provided by this code, upon determination that any of the following conditions exist:

A. Failure to operate in a manner consistent with the application;

B. Violation of any rule, regulation or section of this chapter by the owner or operator of the residential rental property;

C. The owner or operator has been made a material false, misleading, or fraudulent statement or omission of fact to the city, or engaged in fraud, in the application for permit or while operating the residential rental property;

D. A certificate of rental inspection compliance has not been issued or renewed in accordance with this chapter with respect to the residential rental property;

E. The occurrence of a public nuisance at the or emanating from the residential rental property;

F. Conviction of any crime related to the use of the residential rental property by the operator or the illegal use, sale or distribution by the operator of drugs, controlled substances or alcohol;

G. Violation of any provisions of the Lancaster Municipal Code.

(Ord. 869 § 1 Exh. A (part), 2007)

A. An applicant for a rental housing business license regulated by the provisions of this chapter whose application for such rental housing business license has been denied may not reapply for such rental housing business license for a period of one year from the date such notice of denial was issued.

B. A holder of a rental housing business license regulated by the provisions of this chapter whose rental housing business license has been canceled, revoked, or invalidated may not reapply for such rental housing business license for a period of one year from the date such revocation, cancellation, or invalidation became final.

(Ord. 869 § 1 Exh. A (part), 2007)

Any residential rental property operated, conducted, or maintained contrary to the provisions, requirements, and regulations of the code shall be, and the same is declared to be harmful to the public health and safety, unlawful and a public nuisance, and the city may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal, and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such residential rental property establishments and restrain and enjoin any person from operating, conducting, or maintaining a residential rental property establishment contrary to the provisions, requirements, or regulations of the Lancaster Municipal Code.

(Ord. 869 § 1 Exh. A (part), 2007)

A. A prevailing party in any judicial action, administrative proceeding, or special proceeding, to abate or to cause the abatement of a public nuisance as defined in Section 5.40.190 of this chapter, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney's fees in accordance with the following subsections:

1. Attorney's fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for, and on behalf of, the city, elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney's fees in favor of any person or the city.

2. The city is the prevailing party when an administrative or judicial determination is made or affirmed by which a person is found to be responsible for one or more conditions or activities that constitute a public nuisance as defined by Section 5.40.190 of this chapter. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged, in that action or proceeding, to constitute a public nuisance. An administrative or judicial determination that results in findings of responsibility and nonresponsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance, shall nevertheless result in the city being the prevailing party.

B. Provided the city has made an election to seek attorney's fees, an award of attorney's fees to a person shall not exceed the amount of reasonable attorney's fees incurred by the city in that action or proceeding.

(Ord. 869 § 1 Exh. A (part), 2007)

The provisions of this chapter regulating residential rental property are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other applicable provision, requirement, or regulation of the code or other laws.

(Ord. 869 § 1 Exh. A (part), 2007)

Notwithstanding the provisions of Title 2 of this code, any appeal of a decision of the city manager or the director must be filed within ten (10) calendar days from the date of the decision. Failure of the city clerk to receive a timely notice of appeal constitutes a waiver of the right to contest any decision hereunder. In this event, the decision is final and binding. Appeals under this chapter shall be heard as follows:

A. The hearing shall be conducted by the city manager or his duly authorized designee who shall act as hearing officer; and who shall herein be referred to as the "hearing officer" who shall consider all relevant evidence including, but not limited to, applicable staff reports, objections or protests relative to the decision. Such hearing may be continued from time to time.

B. Upon the conclusion of said public hearing, the hearing officer shall, on the basis of the evidence presented at such hearing, determine whether the decision should be upheld, modified or reversed. The determination of the hearing officer shall be final and conclusive.

C. A copy of the hearing officer's decision shall be served upon the owner of the property by United States mail or by personal delivery. In addition, a copy of the order shall be posted in a conspicuous place on the property.

(Ord. 869 § 1 Exh. A (part), 2007)

If the provisions, requirements, or regulations of this chapter conflict with or contravene any other provision, requirement, or regulation of the code, the provisions, requirements, or regulations of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 869 § 1 Exh. A (part), 2007)