Article XXVII — SAFE HOMES SAFE FAMILIES REPEAT OFFENDER

PROGRAM

SEC. 14-102. PURPOSE.

The purpose of this chapter is to protect the health and safety of all residential property dwellers in the city by establishing the safe homes safe families repeat offender program.

(Ord. No. 2945)

SEC. 14-103. DEFINITIONS.

(A) CODE OFFICIAL - The code compliance manager or his/her designee.

(B) DANGEROUS - An imminent danger is present, or the conditions are able or likely to cause physical harm or injury to someone in the environment.

(C) DWELLING UNIT - A residential unit providing complete, independent living facilities, including permanent provisions for living, sleeping, eating, and cooking.

(D) EMERGENCY CONDITIONS - Include, but are not limited to, fire, natural disaster, flood, collapse, hazard, burst pipes, lack of working utilities, or other condition that requires an immediate response to prevent harm to the property, the tenants of the property, or the public.

(E) HABITABILITY - Conditions, including, but not limited to, hot water, electric service, heating, electrical hazards and infestation, that impair the quality of life for the tenant.

(F) NOTICE OF VIOLATION - A written notice that a violation of the city code exists.

(G) PROGRAM - The safe homes safe families repeat offender program.

(H) REPEAT OFFENDER - A responsible person who has three or more confirmed code enforcement violations within three years for conditions that are dangerous or impair habitability at the same location; or at least three separate confirmed code enforcement violations within three years at different locations under common ownership; or unresolved violations pending three years or more.

(I) RESPONSIBLE PERSON - A responsible person as defined in section 7-51(J) of the city code.

(Ord. No. 2945)

SEC. 14-104. REPEAT OFFENDER REGISTRATION.

(A) Registration into the program is required under this chapter if any the following conditions are met:

(1)  Three or more separate confirmed code enforcement violations for conditions that are dangerous or impair habitability are issued at the same property within a

period of consecutive three years; or

(2)  Three or more separate confirmed code enforcement violations for conditions that are dangerous or impair habitability and are issued at different properties

owned by the same responsible person; or

(3) A confirmed code enforcement violation for any condition that is dangerous or impairs habitability is issued at the property, and the violation remains unresolved

for at least three years.

(B) The code official shall notify the repeat offender by written notice that the property is enrolled in the program.

(C) All units within a multi-unit complex that have addresses registered in the program shall be subject to inclusion in the program.

(Ord. No. 2945)

SEC. 14-105. APPEAL OF REGISTRATION.

(A) A repeat offender having an objection to registration under this chapter shall file with the city clerk a written request for an appeal before a hearing officer within 15 days of receiving a notice from the code official.

(B) On receiving a request for an appeal hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice to the repeat offender of the date, time and place of hearing.

(Ord. No. 2945)

SEC. 14-106. INSPECTIONS.

(A) Once a property has been identified by the code official for enrollment in the program, the responsible person shall be required to attend an initial meeting with the code official.

(B) Following the initial meeting, the code official shall register the property into the program.

(C) Once a property is registered into the program, the code official shall perform an initial inspection of the registered property.

(D) Following the initial inspection, the code official may issue a notice of violation or citation to the responsible person. The notice shall provide a reasonable time, not to exceed an initial 30 days, to make repairs or cure health and safety violations. Extensions may be granted by the code official or his/her designee for good cause.

(E) The registered property shall be subjected to mandatory yearly inspections which shall include inspection fees established by city council resolution.

(F) If one or more significant or dangerous violations are found during an inspection of a registered property, the code official shall investigate the status of other properties in the city held by the same responsible person and determine if violations exist at the other properties. If the code official determines that violations exist at the other properties, an action may be brought to collectively address multiple properties of the same responsible person.

(G) Properties registered in the program are subject to double civil citation fine amounts, not to exceed $1,000 per violation.

(H) After re-inspection and finding all repairs have not been completed, or all health and safety violations have not been cured, the city attorney shall decide the proper course of action, including obtaining a court appointed receiver to take control of the property.

(I) If an inspected property is determined not be a candidate for the program, it may be assigned to the code enforcement division to conduct an inspection and pursue traditional code enforcement channels.

(J) A responsible person may refuse consent to an inspection conducted by the code official. If consent is refused, the code official may seek an administrative inspection warrant pursuant to Cal. Code of Civil Procedure, Sections 1822.50 et seq.

(Ord. No. 2945, 3031)

SEC. 14-107. REGISTRATION PERIOD.

The property shall remain registered in the program until the property has successfully undergone two consecutive inspections, no less than 12 months apart, without violations established by the code official.

If within 90 days following the sale of a registered property, the property becomes compliant, the property shall be removed from the program.

(Ord. No. 2945)