Chapter 8.03 — HOTEL, MOTEL AND ROOMING HOUSE OPERATING STANDARDS

These regulations shall be known as hotel, motel and rooming house operating standards.

(Ord. 12136 § 2 (part), 1999)

The general purpose of these regulations are to promote the health, safety, comfort, convenience, prosperity, and general welfare by requiring that businesses that offer shelter to visitors, transient guests, and other residents provide a minimum level of cleanliness, quality, and security.

(Ord. 12136 § 2 (part), 1999)

These provisions shall apply to businesses such as hotels, motels, and rooming houses which provide shelter, furniture, linens, and housekeeping services, etc. within the guest room(s) and throughout the property. These provisions shall not apply to permanent residential facilities wherein the owner is responsible for providing the shelter, but does not provide furniture, linens, or housekeeping services or with residential care facilities as defined in Oakland Planning Code (OPC) Section 17.10.210.

(Ord. 12136 § 2 (part), 1999)

For the purposes of this Chapter certain words and phrases are defined, and certain provisions shall be construed, as herein set out unless it shall be apparent from the context that they have a different meaning:

"Hotel" means any facility as defined in Oakland Municipal Code (O.M.C.) Section 4.24.020. "Rooming house" means any rooming house residential facility as defined in Section 17.10.690 that houses a permanent residential activity (OPC Section 17.10.110) or semi-transient residential activity (OPC Section 17.10.120)

(Ord. 12136 § 2 (part), 1999)

A.

Room Rates. Room rates shall be posted in a prominent location in the guest rooms. Posting room rates in the reception area is strongly encouraged. Guests shall not be charged in excess of posted rates. A range of rates is acceptable.

B.

Management Accessibility. A property management representative shall be accessible, in person or by telephone, on a twenty-four (24) hour basis. (Also see O.M.C. Section 5.34.051.)

C.

Guest Complaints. The telephone number and address for the City Building Official shall be posted in a prominent location in the guest rooms. Posting in the reception area is strongly encouraged.

(Ord. 12136 § 2 (part), 1999)

A.

Other Records and Hotel Facilities Subject to Inspection, Review and Audit. Upon a showing of probable cause therefor by the Director of Finance or his or her designee, or by any police officer, code compliance, fire or zoning inspector of the City, the City Attorney shall issue an administrative subpoena compelling the inspection of rooms and facilities, and/or the production of guest registers and other records necessary to determine compliance with all applicable regulations, including but not limited to building, fire, health, occupancy, and blight codes, and to verify collection and payment to the City of all taxes owed.

B.

Independent Agency Inspections. The City shall conduct annual or bi-annual inspections of all businesses subject to the regulations specified in this Chapter. The City Manager or designee is authorized to promulgate administrative regulations to allow the acceptance of satisfactory ratings conferred by recognized, independent agencies in lieu of a City inspection, provided that the independent inspection is based upon performance and facility standards equal to or in excess of the standards commemorated in this Chapter.

(Ord. 12136 § 2 (part), 1999)

A.

Guest Room Locks. On or after September 10, 1999, the following is required:

Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit. The dead bolt lock shall be installed in accordance with the manufacturer's specifications and shall comply with applicable state and local codes including, but not limited to, those provisions relating to fire and life safety and accessibility for the disabled. When in the locked position, the bolt shall extend a minimum of 13/16 of an inch in length beyond the strike edge of the door and protrude into the doorjamb.

This section shall not apply to horizontal sliding doors. Existing dead bolts of at least one-half inch in length shall satisfy the requirements of this section.

Existing locks with a thumb-turn deadlock that have a strike plate attached to the doorjamb and a latch bolt that is held in a vertical position by a guard bolt, a plunger, or an auxiliary mechanism shall also satisfy the requirements of this section. These locks, however, shall be replaced with a dead bolt at least 13/16 of an inch in length the first time after July 1, 1999 that the lock requires repair or replacement.

B.

Viewports. Each door shall have a viewport or window convenient to the door. Properties with fire resistive construction rated ("fire rated") doors, at the time of the adoption of the ordinance codified in this Chapter, are exempt from this provision to the extent that installing a viewport would negatively affect the fire rating.

C.

Connecting Doors. Each door connecting two guest units that share a common wall shall be equipped with a functional deadbolt lock.

D.

Window Locks. All windows designed to be opened shall have an operable window security or locking device. Louvered windows, casement windows, and all windows more than twelve (12) feet vertically from the ground are excluded from this subdivision, except where the window is within eight (8) feet horizontally of a roof or any other platform area.

E.

Exit Doors. See Section 15.08.240 of the Oakland Municipal Code.

(Ord. 12136 § 2 (part), 1999)

(Also see Chapter 15.08 "Housing Code")

A.

Mattress Condition/Cleanliness. Mattresses shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary, nondefective condition (e.g., without broken springs, indentations, sags, etc.).

B.

Linen Condition/Cleanliness. Where provided by management, linens shall be free of stains, holes, rips or odors in excess of normal wear and tear and shall be cleaned at change of occupancy or at least once a week when occupancy does not change. Linens shall be cleaned in hot water at least 43°C (110°F) for a minimum of twenty-five (25) minutes.

C.

Bathroom Condition/Cleanliness. Bathroom fixtures (e.g., toilet, bathtub, sink, mirror) shall be maintained without significant cracks, chips, or stains. Floors shall be washed with hot water and a sanitizer at change of occupancy or at least once a week when occupancy does not change. Daily cleaning schedules shall be maintained in the manager's office.

D.

Carpet Condition/Cleanliness. Carpeting shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary, nondefective condition.

B.

Floor Condition/Cleanliness. Floor surfaces shall be made of nonabsorbent material. All surfaces and tile grouting shall be maintained without cracks, rips or missing elements.

F.

Wall Condition/Cleanliness. Wall surfaces shall be maintained without spots, stains, flakes, chips, holes, etc. and maintained in a clean and sanitary condition.

G.

Mold/Mildew. All surfaces, including carpeting and flooring, and fixtures shall be free from mold, mildew or bubbling conditions.

H.

Plumbing. See O.M.C. Chapter 15.04.

I.

Electrical Equipment. For the purposes of this section, electrical equipment shall include furniture items installed by management, including televisions, lamps, etc. See O.M.C. Section 15.08.270.

J.

Water Leakage/Water Stains. All fixtures shall be maintained without leaks or drips. Water damage shall be immediately repaired.

K.

Furniture Condition. All furniture items provided by management shall be maintained in proper working order.

L.

Condition of Shades/Draperies/Blinds. Shades, draperies, blinds, etc. shall be free of stains, holes, rips or odors in excess of normal wear and tear, and maintained in a sanitary, nondefective condition.

M.

Vector Control. The premises shall be kept clean in every part and free from garbage, rubbish, rodents, vermin and other offensive matter.

(Ord. 12136 § 2 (part), 1999)

A.

Privacy. Privacy coverings such as shades, draperies or blinds shall be appropriately hung to cover all windows.

B.

Room Light. An active, fully functional light switch shall be located at the tnain entry to the guest unit.

C.

Bathroom Fixtures. Private bathrooms shall have a functioning water closet (e.g., toilet), lavatory (e.g., sink), shower receptor and/or bathtub. This should not be constrned to prevent a sink from being placed in a guest room that does not have full bathroom facilities.

D.

Shared Bathroom Facilities. Guests in facilities with shared bathrooms shall have access to a functioning water closet (e.g., toilet), lavatory (e.g., sink), shower receptor and/or bathtub. Showering or bathing areas shall be able to be securely locked from the inside. Separate facilities shall be provided for men and women or the facilities shall be able to be locked for individual use. Signs shall be posted indicating that "Children under 12 years of age who use this shared bathroom should be accompanied by an adult at all times."

E.

Hot/Cold Water. Hot and cold running water shall be provided for all plumbing facilities.

F.

Telephone Rates. Telephone rates shall be posted in every room that has a private phone and be adhered to by management.

G.

Emergency Telephone Access. Guests shall have twenty-four (24) hour emergency access to a telephone (a payphone is adequate) on the property. However, such telephone shall not be made generally available to the public so as to become a public nuisance.

H.

Clothes Storage. Space shall be provided in good working order for hanging clothes and/or storing personal belongings.

(Ord. 12136 § 2 (part), 1999)

A.

Windows. Exterior window glass shall be without cracks, chips or holes.

B.

Exterior Lighting. The exterior of the property, including adjacent public sidewalks and parking lots under the control of the operator, shall be illuminated during all hours of darkness during which the property is open for business in a manner so that persons standing in those areas at night are identifiable from the street. However, the required illumination shall be placed so as to minimize interference with the quiet enjoyment of nearby residents of their property.

C.

Painting. See O.M.C. Chapter 8.24 "Property Blight."

D.

Landscaping. All areas on the property designated for landscaping, i.e., lawns, planter beds, and other unsurfaced locations, shall be maintained with properly trimmed living plant materials and without collecting litter or debris.

E.

Directional Signs. Directional signs shall be posted as appropriate to ensure that emergency personnel can find guest rooms in a timely manner.

F.

Exterior Trash/Garbage Storage. All containers used for the storage of trash, garbage, or recycled materials and placed on the exterior of the building(s) shall be maintained in a locked and screened enclosure. Also See O.M.C. Chapter 8.24 "Property Blight" and O.M.C. Section 15.08.230.

(Ord. 12136 § 2 (part), 1999)

A.

Elevators. Guest service elevators need to be fully functional and pass appropriate agency inspections. The name and telephone of the inspection agency shall be posted in all of the elevators. Elevators shall be operational on a twenty-four (24) hour-a-day basis (as of January 1, 2000).

B.

Hallway Lighting. Any lobby area or other public space shall be maintained in a sanitary condition, free of garbage or debris.

(Ord. 12136 § 2 (part), 1999)

A.

Nuisance Activity. The operation of the property shall not result in repeated nuisance activities on the property or contribute to nuisance activities in close proximity to the property, including but not limited to disturbance of the peace, illegal drug activity, prostitution, public drunkenness, drinking in public other than at a licensed facility, harassment of passers by, gambling, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

B.

Graffiti. All graffiti shall be removed on a continuous basis within forty-eight (48) hours of application.

C.

Litter. Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking lots under control of the operator. These areas shall be swept or cleaned, either mechanically or manually, on a weekly basis to control debris.

(Ord. 12136 § 2 (part), 1999)

Whenever any provisions of this Chapter and any other provision of law, whether set forth in this code, or in any other law, ordinance, or resolution of any kind, imposes overlapping or contradictory regulations, or contains restrictions covering any same subject matter, that provision which is more restrictive or imposes higher standards shall control, except as otherwise expressly provided in these regulations.

(Ord. 12136 § 2 (part), 1999)

Each violation of this Chapter shall constitute a separate offense.

(Ord. 12136 § 2 (part), 1999)

Any violation of this article may be prosecuted as a misdemeanor, may be charged as a civil penalty or an infraction, or may be pursued as a violation of the Chapter 17.157 Deemed Approved Hotel Regulations. Additionally, the use of the property may be encumbered, as authorized by the Oakland Municipal Code, Chapter 1, Articles 6, 7 and 8. Enforcement action specifically authorized by this article may be utilized in conjunction with, or in addition to, any other statutory, code, administrative or regulatory procedure applicable to the regulation of buildings, structures, or property. In addition, nothing in this article shall be interpreted to preclude or limit the City from seeking injunctive or other judicial relief.

(Ord. 12136 § 2 (part), 1999)

A.

Any condition which is reasonably believed to be imminently dangerous to the life, limb, health or safety of the occupants of the property or to the public, upon reasonable notice provided the owner or responsible person, may be immediately abated by the Fire Marshal and/or the Building Official or their designees.

B.

Actions taken to abate imminently dangerous conditions may include, but are not limited to, repair or removal of the condition creating the danger and/or the restriction from use of occupancy of the property on which the dangerous condition exists or any other abatement action determined by the Fire Marshal or Building Official to be necessary. In the event use of occupancy is restricted, the owner or his or her agent shall discontinue the use within the time prescribed by the Fire Marshal or Building Official after receipt of such notice.

C.

If entry onto property and access to rooms or units constituting an imminently dangerous condition in violation of this article is denied the Building Official and/or the Fire Marshal by the owner of the property or his or her agent, the Building Official and/or the Fire Marshal may seek a court order and/or inspection and abatement warrant from a court of competent jurisdiction to authorize the immediate abatement of the imminently dangerous conditions.

(Ord. 12136 § 2 (part), 1999)

Costs for any abatement performed by, or on behalf of, the City, including the cost of extraordinary police services provided, shall be recoverable by the City.

Costs incurred in relocating occupants of the property shall be recovered by the City pursuant to the provisions of Chapter 15.08 Oakland Housing Code and the provisions of the City's relocation assistance program.

(Ord. 12136 § 2 (part), 1999)