Needles Municipal Code Art. 6 VIA Housing Code (CA)

6-19 Adopted By Reference; Where Filed 6-20 Residential Rental Property Inspection Program 6-21 - 6-25 (Reserved)

6-19 Adopted By Reference; Where Filed

2022 and subsequent editions of the International Residential Code of the California Building Standards of which not less than three copies have been filed for use and examination by the public in the office of the city clerk, is hereby adopted by reference, without publication in the manner provided by Needles City Charter Section 523

(Ord. No. 71-AC, § 1(b); Ord. No. 98-AC, § 1 (part); Ord. No. 141-AC, § 1(b); Ord. No. 175-AC, § 1(b); Ord. No. 246-AC, § 1 (part) and (b); Ord. No. 313-AC, § 1 (part), (b); Ord. No. 422-AC, § 1(a).)

HISTORY Amended by Ord. 667-AC on 10/8/2024 6-20 Residential Rental Property Inspection Program 6-20.010 Purpose 6-20.020 Scope 6-20.030 Periodic Inspections 6-20.040 Notification Of Need To Inspect - Inspection Procedure 6-20.050 Self-Certification Program 6-20.060 Rebuttable Presumption 6-20.070 Annual Inspection Fee 6-20.080 Certificate Of Habitability Requirements 6-20.090 Exemptions 6-20.100 Violations 6-20.110 Enforcement 6-20.120 Relocation Of Tenants

6-20.010 Purpose

The purpose of this program is to proactively identify blighted and deteriorated housing stock and to ensure the rehabilitation or elimination of housing that does not meet minimum building code and housing code standards, or is not safe to occupy, and further, to preserve and enhance the quality of life for residents of the city living in residential rental property.

6-20.020 Scope

This chapter shall apply to all residential rental property. This includes, but is not limited to, single-family residences, duplexes, condominiums and apartment houses.

6-20.030 Periodic Inspections

The City Manager or his/her designee may periodically inspect every residential rental property in the City and in the event that an inspection is required because the City reasonably believes that the property may be in violation of applicable laws or ordinances. Entry for inspection shall be as a result of either consent or execution of a warrant secured pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52.
If, upon the initial inspection of a residential rental property, no violations of applicable laws or ordinances are determined to exist, the property shall be determined suitable for habitation for a period of one year, or three years if the property has not had any previous code enforcement-related violations and becomes a participant in the self-certification program.

Tenants of residential rental property may request an inspection of their individual units in order to ensure that the property complies with applicable state law, the International Property Maintenance Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings and the Needles Municipal Code. Payment of the inspection fee shall be the responsibility of the tenant, and must be paid prior to any inspection.

6-20.040 Notification Of Need To Inspect - Inspection Procedure

A notice and application shall be mailed to the property owner or his/her designee notifying them of their responsibility as an owner of residential rental property. Notice to the owner shall be mailed by first class mail to the owner’s last known address as it appears in the County’s tax records or City business license records, and to the attention of the tenant of the rental property to be inspected.
1. It shall be the responsibility of the property owner to complete the application and return it for registration of the property within 30 days of receiving the notice to inspect. Once received an inspection date will be provided to the owner and tenant of the rental property to be inspected within 30 days of receipt of the application. A business license is also required to be processed for anyone who has more than two Long Term Residential Rentals in Needles. Applications for a business license for the purpose of Long Term Residential Rentals can be found on the City’s website or obtained through the City Clerk’s Office.
2. In the event that an inspection is required by the building official, and the property owner, his/her designee or tenant in possession of the property to be inspected, refuses access to said property, the City Attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place.
3. Should an inspection need to be canceled or rescheduled, the property owner of his/her designee shall be notified at least 24 hours prior to the scheduled inspection date.

6-20.050 Self-Certification Program

1. Well-maintained residential rental properties with not outstanding violations of applicable state law,
the International Property Maintenance Code, the Uniform Housing Code, the Uniform Code for the
Abatement of Dangerous Buildings and the Needles Municipal Code may qualify to participate in the
residential rental property inspection self-certification program (“self-certification program”).
Qualifying properties will not be subject to inspections for a period of two years, after the initial
inspection has occurred; provided that the conditions do not deteriorate during that time to the point
where the property would no longer meet eligibility standards for self-certification program
participation, or that no violations or complaints have been received by the Code Enforcement Dept.
during that time.
2. To qualify for the second/third year self-certification program, a property owner of his/her designee
must:
1. Have passed the inspection without any corrections the first year of inspection.
2. Conduct a self-inspection of all rental units including interior, exterior and site conditions 30
days prior to the one-year anniversary of the first year initial inspection. Certify that conditions at
the property achieve the standards listed on the residential rental property inspection self-
certification program’s checklist, as follows:

1. Roof covering watertight and secure 16. Water heater vented with seismic straps and
adequate combustion air

Smoke detectors installed in all sleeping rooms and hallways adjacent to sleeping rooms 3. No unpermitted garage conversions 4. GFCI electrical receptacles operate correctly (if equipped) kitchen and bath 5. Exterior premises clean and maintained 6. Wall and floor coverings in good repair Sanitary w/no tripping hazards 7. Electrical cover plates installed 8. Windows operative and secure Screens (if supplied) intact 9. Kitchen appliances in good repair with all seals, gaskets, knobs and controls 10. All painted surfaces in good condition 11. Minimum 1 toilet, sink, tub/shower 12. All habitable rooms properly heated 13. Exits clear 14. Halls, stairwells & exits well lighted 15. Elect. Panels accessible & labeled 17. One occupiable room minimum 120 sq. fit (10 x 12) excluding kitchen 18. Sewer line is free of blockages 19. Accessory structures (over 120 sq. ft) are permitted and are not occupied 20. Sinks, bathtubs & showers are water-tight drain properly w/no leaks 21. Door hardware functional w/security locks @ ext. doors 22. Foundation vent screens intact 23. Hot and Cold running water 24. Window bars at sleeping rooms have operable quick acting mechanisms 25. Electrical fixtures and service in good condition 26. Exterior premises clean and maintained 27. No permanent extension cords 28. Electrical and gas meters accessible 29. NO infestation of rodents or insects 30. Functional Heaters 31. Other
Complete the self-certification program application; 4. Pay the registration fee and the appropriate unit inspection fee in the amount set by Council resolution from time to time, initially set at 1/2 hour at fully burdened rate.
Upon receipt of the request to participate in the self-certification program and payment of the appropriate fees, the city will review current records for possible outstanding code violations, expired construction permits, and complete an inspection of the exterior of all structures which face the street. If an interior inspection is deemed necessary, the property owner of his/her designee must notify the individual tenants of any inspection and make every effort to facilitate access to the property for inspection by the City of Needles. If the City Manager or his/her designee determines that the property is qualified to participate in the self-certification program, the property owner will pay the reduced annual registration fee for the second and third years. Recertification will be required every three years.
If the City Manager or his/her designee determines that the property is ineligible to participate in the self-certification program, then the residential rental property shall be subject to inspection and the property owner shall be assessed the non-self-certified fee as well as appropriate unit fees in an amount to be set by Council resolution from time to time.
At all times, the City of Needles shall retain the authority to investigate and address any violation of applicable state law, the International Property Maintenance Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings and the Needles Municipal Code and International Building Code.
Any property that participates in the self-certification program may be removed from the program at any time if it fails to meet any of the standards listed on the residential rental property inspection self- certification checklist.

6-20.060 Rebuttable Presumption

For the purpose of this chapter, if the property tax bill or City water/sanitation utility bill for a property is mailed to an address other than the property/site address, it shall be a rebuttable presumption that the property is a rental property. This presumption can be rebutted by the owner of record by providing reasonable documentation to the City that the property is owner occupied or is not being used, actively or not, for rental income.

6-20.070 Annual Inspection Fee

Owners of all properties subject to the residential rental property inspection program shall pay in the first year of participation in the program an initial registration fee, in an amount to be set by Council resolution, initially set at $122 per street address. In addition, a fee will be charged for the on-site inspection, in an amount to be set by Council resolution, initially set at $40 for single family units and duplexes; $104 for inspection of between 3-10 units; and $13.12 for each additional unit above 10.

Thereafter, for the following two years property owners who qualify to participate in the self-certificate program, shall pay a registration fee based upon the ability to self-certify, in an amount to be set by Council by resolution. Thereafter, the following year the owner of residential rental property shall once again complete the registration form, complete the self-certification checklist, and pay the initial registration fee, in an amount set by the Council by resolution. 2. Upon transfer or sale of residential rental property, the seller shall provide written notification to the City Building Dept. that the property has been transferred or sold. If the rental inspection program registration is planned to be transferred, the notification letter shall be accompanied by a completed application with the transferee’s information and payment of $25 for processing. 3. Any fees established pursuant to this chapter which are more than 30 days delinquent shall constitute an assessment against the property for which the fees were billed. Such delinquent fees shall be a lien on the property. The City Manager or his/her designee shall notify the property owner of the affected residential rental property not less than 30 days prior to notifying the county that a lien will be placed on the property, and shall state the amount then owned. If full payment is not received within 30 days after said notice, the City Manager or his/her designee shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the property.

6-20.080 Certificate Of Habitability Requirements

Certificate of Habitability shall be required as a condition of providing new utility service to any rental property or as a condition of transferring service to a new owner, new renter or billing name. A Certificate of Habitability is required prior to any tenant taking possession of a rental unit. EXCEPTION: Units that have a valid permit (as defined by City of Needles Zoning Ordinance or adopted building codes) pulled for repair, renovations or additions may be granted a temporary extension to satisfy the inspection requirement and the Certificate of Habitability. Temporary Certificates of Habitability will only be issued after approval of scope of work, reasonable time schedule for completion and in the opinion of the Building Official unit can be occupied safely.

6-20.090 Exemptions

Newly Constructed Buildings. Newly constructed buildings shall be exempt from this chapter for a period of five years. The exemption period shall begin on the date the buildings dept. issues a certificate of occupancy.
1. Subsidized Residential Rental Buildings. Those properties where the rents and tenant incomes on 100 percent of the units (excluding the manager’s unit) are restricted by federal, state or local governmental programs and the restricting agency inspects each unit at least annually shall be exempt from this chapter.

6-20.100 Violations

Notice of Violation. Whenever the City Manager or his/her designee determines that a violation of this chapter exists, the City Manager or his/her designee shall give notice of violation and an order to correct to the property owner or his/her designee. The notice shall be in writing and shall describe with reasonable detail the violation so that the property owner or his/her designee has the opportunity to correct said violation.
Time for Correction. The notice shall provide a reasonable time for correction, ranging from 24 hours to up to 30 days, depending on the severity of the violation. The property owner or his/her designee may request an extension of time, which may be granted if the City Manager or his/her designee determines that substantial progress is being made to correct the violation.
Service of Notice. Notice shall be served as documented in the Needles Municipal Code. If the property owner or his/her designee is not present, notice shall be posted on the premises and mailed to the property owner at the address shown on the county records. Such notice shall be effective upon mailing.
Report of Inspection. Depending upon the type of inspection performed, the City Manager or his/her designee may leave written notice of the results of the inspection on site with the property manager, his/her designee, tenant, or post such notice on the premises. Reports which include violations and require action on the part of the property owner or his/her designee will include and itemization of any violation(s) and set a period of time for correction ranging from 24 hours to up to 30 days.
Reinspections. Reinspections shall be conducted to verify that violations identified have been corrected. The property owner or his/her designee shall be responsible for scheduling required reinspections. If the City Manager or his/her designee discovers upon reinspection that the work or action requested was not performed, the owner of the property shall be charged a reinspection fee. The reinspection fee shall be paid prior to a reinspection and the cost shall be the same as the original inspection.
Violations that were not noted on the initial inspection report, but are discovered upon reinspection due to subsequent damage, deteriorations, lack of access, or oversight, shall be subject to correction.

6-20.110 Enforcement

If, after a notice of violation and order to correct has bee issued, a property owner fails to correct the violations, the City may pursue any and all remedies allowed by law. Further, the City intends to utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing. Said section provides for the disallowance for state income tax purposes of interest, depreciation, taxes or amortization deductions, which are derived from the ownership of rental housing which is in violation of the law.

6-20.120 Relocation Of Tenants

If any residential rental property is found to be unsafe to occupy, the costs and expenses of relocation of any tenant or tenants form the property shall be the responsibility of the property owner as provided by law.

6-21 - 6-25 (Reserved)