Marin County Municipal Code Ch. 7.32 Hotels and Motels

Apartment house. The term "apartment house," as referred to in this chapter, means any building or buildings located on one parcel of property or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied, or which is occupied, as the home or residence of three or more families living independently of each other in dwelling units as defined in this chapter.

Auto courts, hotels, motels and resorts. The term "auto court, hotel, motel or resort," as referred to in this chapter, means any building, or buildings, located on one parcel of property or portion thereof, containing six or more guest rooms, as defined in this chapter, intended or designed to be used or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests, whether rent is paid in money, goods, labor or otherwise.

Dwelling units and guest rooms. The term "dwelling units" or "guest rooms," as referred to in this chapter, means a suite of one or more habitable rooms which are occupied or which are intended or designed to be occupied by one family with facilities for living and/or sleeping, and/or eating and/or cooking.

Health officer. The term "health officer," as referred to in this chapter means the Health Officer of Marin County or his authorized representative.

Person. The term "person," as referred to in this chapter, means an individual, firm, corporation, partnership, club, association or organization.

Remodel. The term "remodel," as referred to in this chapter, means to substantially alter the physical premises.

(Ord. 3130 § 1 (part), 1993: Ord. 1463 § 9 (part), 1965)

It shall be unlawful for any person to construct or remodel any auto court, apartment house, hotel, motel and/or resort within the unincorporated area of Marin County without first submitting an application to and obtaining the approval of the Marin County Health Department. All applications for anticipated construction or remodeling shall be submitted with detailed plans and specifications of the proposed auto court, apartment house, hotel, motel or resort.

(Ord. 3130 § 1 (part), 1993: Ord. 1463 § 9 (part), 1965)

(a) Required. It shall be unlawful for any person to own or operate an auto court, apartment house, motel or resort within the unincorporated area of Marin County without a valid permit issued by the county health officer.

No permit to operate a hotel or apartment house shall be issued until all of the provisions of this chapter and of Division 13 of the California Health and Safety Code and all rules and regulations promulgated thereunder pertaining to the maintenance, sanitation, ventilation, use or occupancy of an auto court, motel or resort shall be issued until all of the provisions of Section 5.20.010 of this Code have been complied with.

(b) Expiration. Such permit shall expire on the annual renewal date and not transferable upon change of ownership.

Inspections under this chapter shall be based upon provisions of Division 13 of the California Health and Safety Code, rules and regulations promulgated thereunder, and Section 5.20.010 of this Code.

(Ord. 3229 § 2, 1996; Ord. 3130 § 1 (part), 1993: Ord. 2370 § 4, 1978; Ord. 1463 § 9 (part), 1965)

A permit may be immediately suspended by the health officer for a violation of any provision of this chapter when, in his opinion, the danger to public health is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for a hearing before the health officer within at least forty-eight hours of the time of suspension. After the hearing a reasonable time shall be allowed by the health officer for correction of the violation.

If, in the opinion of the health officer, the danger to public health is not so imminent, immediate and threatening as not to admit of delay, the health officer shall notify the holder of the health officer's intention to suspend the permit within a specified period of time if the condition is not corrected. No such suspension shall take effect, however, until the holder has been given an opportunity for a hearing before the health officer.

During that period of suspension and/or correction, the auto court, apartment house, hotel, motel or resort, or any portion thereof, may be ordered closed or inoperable if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with health and sanitary requirements is obtained. If compliance is not obtained at the end of the time allowed, the permit shall then be revoked.

(Ord. 3130 § 1 (part), 1993: Ord. 1463 § 9 (part), 1965)

(a) Application. All applications for permits shall be on a form supplied by the department of health services and shall be accompanied by such fees as are established by the board of supervisors by resolution.

(b) Renewal. The fee for renewal of the permit shall be the same as the annual fee.

(c) In the event that an auto court, apartment house, motel or resort is operated without first obtaining a permit, then the applicant shall pay environmental health services cost recovery fees.

(d) Delinquency. In the event that application for renewal is not made within one calendar month of the date of expiration, a delinquency charge of twenty percent of the fee shall be assessed. For every calendar month of delinquency, an additional twenty percent of the fee shall be assessed.

(e) Penalty. Conditions requiring additional inspections due to noncompliance with applicable statutes/regulations will incur additional environmental health services cost recovery fees as provided in the fee schedule in effect at the time of noncompliance.

(Ord. 3248 § 5, 1997; Ord. 3152 § 1, 1993; Ord. 3130 § 1 (part), 1993: Ord. 2370 § 5, 1978; Ord. 1968 § 2, 1973; Ord. 1754 § 5, 1970; Ord. 1463 § 9 (part), 1965)

(Ord. No. 3563, § II(exh. A), 2011)

Any person who violates the provisions of this chapter is guilty of a misdemeanor. Except where other penalties are specified, each offense may be punishable by a fine of not less than one hundred dollars, nor more than one thousand dollars or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 3130 § 1 (part), 1993: Ord. 1463 § 9 (part), 1965)