Mountain View Municipal Code Div. 2 Hotel, Motel and Multiple-Family Housing Inspection

A hotel, motel and multi-family housing inspection program is hereby established for the City of Mountain View, and all hotels, motels and multi-family housing shall be inspected periodically as set forth in this article.

(Ord. No. 4.94, 3/8/94; Ord. No. 18.94, 11/9/94.)

a. It is the goal of this program that each multi-family housing structure be inspected at least once every five (5) years, except that properties which are inspected by the city pursuant to this provision and are found to have no serious violations of the City Code on the premises, hereinafter referred to as "exempt properties," may be inspected at least once every eight (8) years. Exempt properties shall be required to self-certify in a manner prescribed by the city that they have no City Code violations on the premises at least every two (2) years. Upon a change in ownership, exempt properties shall be subject to inspection by the city. This section shall not prohibit the city from inspecting exempt properties more frequently if City Code violations are observed or reported, if the self-certification is not completed in a timely manner or if the property poses a high risk of fire.

b. It is the goal of this program that each hotel and motel be inspected initially within two (2) years of the adoption of this section, to provide a preliminary assessment and determination of whether the structure should be included in the limited targeted inspection program, based on the following criteria:

1. The percentage of rooms rented for a period of one (1) week or longer, as indicated by competent evidence, including but not limited to the records maintained pursuant to the city's transient occupancy tax records maintained by the hotel or motel operator; and

2. Evidence of significant violations of building, housing and fire codes, including the California Building Code, the Uniform Housing Code, the California Fire Code or other Mountain View City Code regulations affecting the health, safety, welfare and condition of the facility.

c. Notwithstanding subsections a and b of this section, properties which pose a high risk of fire, as defined by the city's fire department, may be subject to more frequent inspections in order to reduce fire risk.

(Ord. No. 4.94, 3/8/94; Ord. No. 18.94, 11/9/94; Ord. No. 7.96, 8/27/96; Ord. No. 10.07, 11/27/07.)

Inspections shall be carried out by authorized city personnel who shall properly identify themselves upon request of property owners, managers, tenants or their authorized agents. Entry for inspection purposes may be made only with the consent of the owner, occupant or person in control of the premises to be inspected or by authority of an inspection warrant issued pursuant to Sec. 1822.50 et seq. of the Code of Civil Procedure or a search warrant or under exigent circumstances. An inspection warrant may be issued only upon cause, as defined in Sec. 1822.52 of the Code of Civil Procedure and shall be supported by an affidavit containing either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent.

(Ord. No. 4.94, 3/8/94; Ord. No. 18.94, 11/9/94.)

Inspections conducted pursuant to this article shall note any of the following criteria:

a. Deteriorated or inadequate foundations not capable of safely supporting the imposed loads;

b. Defective or deteriorated flooring or floor supports of insufficient size to carry imposed loads with safety;

c. Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration, including crumbling or loose plaster;

d. Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or which are of insufficient size to safely carry imposed loads;

e. Fireplaces or chimneys which list, bulge or settle due to defective materials, are of insufficient size or strength to carry the imposed loads with safety, or which are cracked or deteriorated so as to permit the escape of combustion products of flame into the building;

f. An electrical service of sufficient capacity to supply the electrical loads being used;

g. An electrical service, conductors, appliances or equipment which is unsafe due to damage, deterioration, or improper installation or use;

h. Lack of a potable water source on the premises or leaking water distribution system;

i. Lack of operational water closet, lavatory, bathtub, shower or kitchen sink, where required;

j. Lack of hot and cold running water to plumbing fixtures;

k. Lack of, damaged or inoperative water heater, including venting, safety pilot and pressure temperature relief valve;

l. Lack of connection to required sewage disposal system or leaking drainage piping, sewer or private disposal system;

m. Lack of heating system capable of maintaining a temperature of seventy (70) degrees in all habitable rooms;

n. Gas heating equipment not provided with an automatic safety pilot or damaged or deteriorated heating equipment, including vents or installations with insufficient clearance to combustible materials;

o. Excessive dampness of habitable rooms;

p. Infestation of insects, vermin or rodents;

q. Lack of adequate garbage and rubbish storage and removal facilities, including accumulations of weeds, vegetation, junk, dead organic matter, debris, garbage, stagnant water, combustible materials, or similar health and safety hazards on the lot;

r. Deteriorated or ineffective waterproofing of exterior walls, roof, foundation or floors, including broken windows or doors;

s. Lack of, or blocked, required exits and exit-ways;

t. Lack of, damaged or deteriorated required fire protection equipment or construction;

u. Damaged exit stairways and stair or balcony railings;

v. Open holes, pits, abandoned cesspools or wells or similar hazards on the premises;

w. Illegal construction or zoning violations;

x. Lack of required lighting in corridors and exit stairs;

y. Lack of swimming pool fencing;

z. Unsanitary swimming pool, sauna bath, hot tub or the like;

aa. Lack of, damaged or inoperative fire doors, door closers, panic hardware or fire escapes;

bb. Lack of required ventilation for parking garages;

cc. Damaged or unapproved elevators;

dd. Recreation buildings which do not comply with assembly building safety requirements;

ee. Violation of other provisions of the Mountain View City Code.

Any violation of the foregoing criteria shall be corrected when such violation, either individually or in conjunction with other violations, is of a severity which endangers the life, health, safety or welfare of the public or of the building occupants.

(Ord. No. 4.94, 3/8/94; Ord. No. 18.94, 11/9/94.)

The inspector shall inspect the common areas of a hotel, motel or multi-family structure, but he/she is not required to inspect all individual rental and/or dwelling units in the structure. The inspector shall inspect all unoccupied rental and/or dwelling units and shall inspect as many of the occupied rental and/or dwelling units as he/she deems proper based upon the age and condition of the structure.

(Ord. No. 4.94, 3/8/94; Ord. No. 18.94, 11/9/94.)

After completion of the inspection and the correction of all violations, the property shall be issued a certificate of code compliance indicating compliance with the provisions of this article as of the date of such certificate.

(Ord. No. 4.94, 3/8/94.)

Any building or structure having a condition or defect requiring correction under Sec. 25.58 of the City Code shall constitute a dangerous building as that term is used in Chapter 8, Article V, and it shall be subject to the procedures for repair or other correction or abatement applicable to a dangerous building as set forth in Chapter 8, Article V of this code.

(Ord. No. 4.94, 3/8/94.)

The provisions of this article provide an additional inspection procedure and criteria supplemental to other inspection procedures of the city and shall not limit nor affect the enforceability of any other laws, ordinances or regulations of the city.

(Ord. No. 4.94, 3/8/94.)