Oroville Municipal Code Ch. 15.68 Inspection of Multifamily Dwellings

The purpose of this chapter is to 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, exterior maintenance standards, and site maintenance standards, or is not safe to occupy and further to preserve and enhance the quality of life for residents of the city living in multifamily dwelling units.

(Ord. 1726 § 1)

The provisions of this chapter shall apply to all residential rental properties with 2 or more dwelling units on the same lot, the land, buildings, or structures appurtenant thereto. The provisions shall not apply to:

A. Owner-occupied units.

B. Housing accommodations in hotels, motels, inns, or tourist homes. This exception does not apply to residential hotels as defined in California Health and Safety Code Section 50519(b)(1).

C. A dwelling unit in a condominium or nonprofit stock cooperative.

D. Housing accommodations in any hospital; state license community care facility; 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 elementary school for occupancy by its students.

E. Housing accommodations owned or operated by a government agency. This exception shall not apply once the governmental ownership, operation, or management regulation is terminated.

F. Mobile homes or mobile home parks, or recreational vehicles as defined in California Civil Code Section 799.24, or recreational vehicle parks.

G. Vacant properties.

(Ord. 1726 § 1)

All residential rental properties regulated by the provisions of this chapter shall be subject to regular inspection by the director of community development and public works, who shall be referred as "director," or an authorized representative. An inspection may also be based on a complaint.

(Ord. 1726 § 1)

A. The director or authorized representative shall give 24-hour written notice to the owner and to the tenants of the date and time of the periodic inspection. The director or authorized representative may provide written notice to the tenants by mail or by the posting of the official notice in the public area of the premises. Prior notice to inspect shall not be required if the inspection is to determine whether a violation of this chapter exists which poses a threat to public health or safety.

B. The director or authorized representative shall provide written notice to the occupant in each unit inspected pursuant to this chapter which, at a minimum, states that an inspection occurred and provides the address and telephone number where be provided by leaving it in the unit, by posting it at the premises, or by mailing it to the occupant by first class mail.

(Ord. 1726 § 1)

A. Whenever it is necessary to make an inspection to enforce any of the provisions of this chapter or other applicable law, or whenever the director or authorized representative has reasonable cause to believe that there exists in any building or dwelling unit any violation of the provisions of this chapter or other applicable law, or any condition which makes the building or dwelling units hazardous, unsafe or dangerous, the director or authorized representative is hereby authorized to enter the premises at any reasonable time to inspect it and perform any duty imposed upon the director or authorized representative by this chapter or other applicable law.

B. This authority shall be subject to the following limitations:

1. If the premises is occupied, the director or authorized representative shall first present proper credentials to the occupant and request entry explaining his or her reason; and

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

(Ord. 1726 § 1)

A. The director or authorized representative shall re-inspect the building after the time specified in the notice and order has passed to determine whether a violation has been corrected. If it has not been corrected, then the director or authorized representative may take any other enforcement action he or she deems appropriate.

B. Any notices or orders required to be served on the owner or landlord under this chapter may be served at the last known address of the person cited as that address appears in the last equalized assessment roll.

(Ord. 1726 § 1)

A. The frequency with which a building is inspected shall be determined by the director or an authorized representative based on its physical condition.

B. Except as specified otherwise in this chapter, the director or an authorized representative will make every effort to conduct a periodic inspection, once every 3 years, of the common areas and all buildings and dwelling units regulated under this chapter if one of the following occurs:

1. The fire department observes activity on site during their annual fire inspection program which constitutes a nuisance per Title 9 of the Oroville Municipal Code, substandard housing, hazardous conditions, or any other condition which is a violation of the City of Oroville Municipal Code and/or California Building Standards Code.

2. A violation of the City of Oroville Municipal Code and/or California Building Standards Code is observed related to the multifamily property.

3. The structures consist of 2- or 3-dwelling unit multifamily properties.

(Ord. 1726 § 1)

Each owner of a property subject to inspection under this chapter shall pay to the city a regulatory fee per year in accordance with the city's fee schedule. The fee schedule shall be established by council resolution. The fee shall be used to finance the cost of inspection and enforcement by the city. If an owner fails to pay the required fee, the city shall recover it, plus accrued interest, utilizing any remedies provided by law, including nuisance abatement or municipal lien procedures established by city ordinance or state law.

(Ord. 1726 § 1)

A. If, upon inspection, the director or an authorized representative discovers one or more violation of the California Building Standards Code or any city code provision, the director or an authorized representative shall cause to be issued a notice and order pursuant to Health and Safety Code Sections 17980 and 17980.6.

B. It is unlawful for any person to remove, alter, deface, tamper with or alter the visibility of any notice or order posted at the premises pursuant to this chapter. If any posting is removed or tampered with, it shall be the responsibility of the owner or the owner's agent to replace promptly the notice or order.

C. Whenever the director or authorized representative determines by inspection that any existing building or dwelling unit is in violation of any city ordinance or state law, the director or authorized representative shall order the violation corrected. If the director or authorized representative determines that the building or dwelling unit is substandard pursuant to California Health and Safety Code Section 17920.3, then the order shall declare the building or dwelling unit to be substandard pursuant to that section. The order shall be served on the owner by first class mail. A copy of the order shall be provided to each affected residential unit in the manner prescribed by subdivision (a) of California Health and Safety Codes Section 17980.6.

D. Except as provided otherwise in this chapter, the order shall give the owner no more than 30 days to correct the violation.

E. If the violation poses a serious risk to the health or safety of the occupants or the public, the director or an authorized representative shall order the condition to be abated effective immediately. No extension of time shall be granted except by the director or an authorized representative or his/her designee.

(Ord. 1726 § 1)

Violation of this chapter shall constitute an infraction punishable by a fine as provided in California Government Code Section 36900.

(Ord. 1726 § 1)