Pinole Municipal Code Ch. 8.30 Residential Health and Safety Rental Inspection Program

This chapter shall be cited as the “Residential Health and Safety Rental Inspection Ordinance.”

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The City Council finds that the establishment of a periodic housing inspection program for rental units is necessary to protect the public health, safety, and welfare by ensuring the proper maintenance of such housing, including but not limited to balcony structures, by identifying and requiring correction of substandard and legally non-compliant housing conditions, and by preventing conditions of deterioration and blight that could adversely affect economic conditions and the quality of life in the City.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The following words and phrases, whenever used in this chapter shall be construed as defined in this section:

A. APPLICABLE LAWS. Includes, but is not limited to, the City's Housing Code, the City Zoning Ordinance, other City ordinances, and other laws or regulations relating to the health or safety of City residents or the public.

B. BUILDING OFFICIAL. The City of Pinole Building Official.

C. BALCONY. A horizontal platform extending from the exterior wall of a building, accessible from the building’s interior, and not directly accessible from the ground. A balcony is typically not covered by a roof or building overhang or enclosed on more than two (2) sides by walls. However, railings shall not be considered enclosures. The definition of balcony does not include “decks” and shall be consistent with the definition of balcony in the California Building Code.

D. CERTIFICATE OF COMPLIANCE. The certificates issued evidencing compliance with the requirements of this chapter.

E. CITY. The City of Pinole, California.

F. DEFICIENCY. Any failure by a unit subject to this chapter to comply with applicable laws.

G. OCCUPANT. Individual, partnership, corporation or association or agent of any of them lawfully residing in a unit.

H. UNIT. A dwelling unit within the City, including single-family homes, duplexes, and multi-family dwellings, motels, hotels and similar living accommodations.

I. OWNER. The owner of record as shown on the last equalized assessment roll or such owner's authorized agent.

J. RENTAL UNIT. A unit occupied by or intended for occupancy by other than the owner of the unit.

K. UNIT UNAVAILABLE FOR RENT. A unit whose owner has filed with the Building Official a statement signed under penalty of perjury in accordance with administrative regulations adopted pursuant to this chapter which statement provides that such unit is not offered or available for rent as a rental unit, and that prior to offering or making available such unit for rent as a rental unit, the owner will apply for a certificate of compliance for such unit pursuant to this chapter and any applicable administrative regulations adopted pursuant to this chapter.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The provisions of this chapter shall apply to all rental units, except, however, that the provisions of this chapter shall not apply to:

A. Owner or manager-occupied rental units.

B. Units that are owned, operated or managed by a government agency other than the City or which are exempt from municipal regulation pursuant to state or federal law or regulations, but only so long as such government ownership, operation or management or exemption from municipal regulation continues in effect.

C. Units unavailable for rent.

D. Residential facility that serves six (6) or fewer persons as defined in the California Health and Safety Code Section 1566.3.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Every owner carrying on the business of operating rental units in the City is subject to this chapter. Failure to comply with this chapter (including failure to return the application for certificate of compliance within thirty (30) days of receipt) constitutes a violation of the Pinole Municipal Code and will be subject to any fees or citations as outlined per Chapter 8.25 Administrative Citations and Penalties, as well as any other remedies available to the City. Each day that a violation exists constitutes a separate violation.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007)

Every owner of rental units carrying on the business of operating rental units subject to this chapter or on whose behalf the business of operating such rental units is carried out must comply with the business license requirements of Title 5 of the Pinole Municipal Code, including, but not limited to, the business license tax requirements prescribed in that title.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

One business license is required per rental property. If a rental property owner owns multiple rental properties, he/she shall obtain one (1) business license per property.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007)

Owners of units, including rental units, subject to this chapter must file a written application with the building official and obtain a valid certificate of compliance for each rental unit prior to applying for a business license pursuant to Title 5 of this code. Applications for certificates of compliance may be obtained from the City Building Division. To be considered for approval applications for certificates of compliance must be complete in accordance with this chapter and any applicable regulations adopted pursuant to this chapter and include the current fee specified in regulations adopted pursuant to this chapter.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Within twenty (20) working days of the time an application for Certificate of Compliance submitted to the Building Official is complete in accordance with this chapter, the Building Official shall cause the unit or units specified in the application to be inspected. The Building Official shall issue a Certificate of Compliance for units that comply with applicable laws. For units with a balcony, or balcony structure, the unit owner must have an inspection performed by a licensed general contractor, structural pest control licensee, licensed architect, or licensed engineer prior to the issuance of a certificate of compliance. If repairs are required, the licensed professional who performed the inspection may not also perform the repair.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Payment for the rental inspection program shall be received before a rental inspection will be performed.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007)

Nothing contained herein shall prevent or restrict the authority of the City's code enforcement officials to inspect any apartment, house or hotel, or the premises thereof, in response to a citizen complaint alleging code violations or other violations of law at such an apartment, house or hotel, and to pursue all code enforcement remedies permissible under this code or other laws following such a complaint-based inspection of an apartment, house or hotel.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007- 06 § 1, 2007; Ord. 2006-01 §1, 2006)

Every owner of a rental unit located within the City shall permit the City's periodic inspection of the apartment, house and hotel, and the property on which such unit is located, following notice from the city. The building inspector, or his or her designee, shall cause each unit to be inspected once every three (3) years to ensure compliance with all applicable City ordinances or other laws relating to housing, including the substandard housing provisions of the Housing Code contained in Chapter 15.16 of this Code. The Building Inspector shall inform the unit owner if a periodic balcony inspection will be required by a licensed general contractor, structural pest control licensee, licensed architect, or licensed engineer.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

A unit that exhibits a deficiency or deficiencies shall be subject to re-inspections as set forth in the administrative regulations adopted pursuant to Section 8.30.170 of Chapter 8.30.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The building inspector, or his or her designee, shall give a minimum of thirty (30) days advance written notice of the date and time of the periodic inspection to the owner of the unit and to the occupants thereof. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the unit's owner and occupants shall be mailed by first class mail to the owner's last known address as it appears in the records of the county assessor and to the unit's occupants.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Inspection cancellations must be made at least forty-eight (48) hours in advance. All cancellations made with less than forty-eight (48) hours advance notice shall be subject to a cancellation fee of one hundred and two dollars and twenty-five cents ($102.25) per inspection per cancelled unit.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007)

Owners shall make every effort to make units available for city inspection. If owners or non-owner occupants do not consent to City entry for inspection pursuant to this chapter, the building official may not force or otherwise attempt to gain entry except in accordance with an valid inspection warrant issued in accordance with Section 1822.50 and following of the California Code of Civil Procedure.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Certificates of compliance issued pursuant to this chapter shall specify: the date of issuance, the legal use and occupancy of the unit, the unit address, the name of the unit owner to whom the certificate is issued, and that the unit complies with applicable laws so far as could be determined by inspection. Certificates of compliance issued pursuant to this chapter shall also include a copy of the inspection report provided by a licensed general contractor, structural pest control licensee, licensed architect, or licensed engineer retained by the unit owner to conduct the balcony inspection in accordance with Section 8.30.070 of Chapter 8.30.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Applications for certificates of compliance are valid for ninety (90) days from the time the application is complete in accordance with this chapter, or a longer time approved by the building official in accordance with administrative regulations adopted pursuant to this chapter. Owners that fail to correct deficiencies within ninety days of the time the application is complete in accordance with this chapter, or within a longer time approved by the Building Official in accordance with this chapter must reapply. Such reapplications must satisfy all requirements of this chapter applicable to new applications, including payment of the current fee. Certificates of compliance issued pursuant to this chapter shall remain valid for three years from the date of issuance.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The building official shall provide the owner with written notice of each deficiency disclosed by inspection pursuant to this chapter, including but not limited to deficiencies identified in the balcony inspection report provided by a licensed general contractor, structural pest control licensee, licensed architect, or licensed engineer retained by the unit owner to conduct the balcony inspection in accordance with Section 8.30.070 of Chapter 8.30. Certificates of compliance may not be issued until all deficiencies disclosed by inspection pursuant to this chapter are corrected. Unit owners shall be subject to re-inspections and re-inspection fees as set forth in the administrative regulations adopted pursuant to Section 8.30.170 of Chapter 8.30.

(Ord. 2007-06 § 1, 2007; Ord. 2006-01 § 1, 2006)

The Building Official or his or her designee shall provide the owner with written notice of the property’s deficiencies after the initial inspection. If an owner of a building, subject to inspection, fails to correct the property’s deficiencies within the sixty (60) days allowed under Section 8.30.160 of the rental inspection program ordinance, the owner shall be required to pay the initial inspection fee plus a penalty. The additional penalty will be issued to those who fail or refuse to comply with the city rental inspection ordinance. The penalty shall be calculated in accordance with the Master Fee schedule.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007)

If an inspection of a unit or its premises, conducted pursuant to this chapter, reveals any violations of applicable city ordinances or other laws relating to such rental units, including the substandard housing provisions of the Housing Code contained in Chapter 15.22 of the Pinole Municipal Code, the violation must be cured within sixty (60) days. If the violation remains upon re-inspection, the city's code enforcement officials may seek any remedies permitted by law, including obtaining an inspection warrant pursuant to Section 1822.50 and following of the California Code of Civil Procedure, denial or revocation of a business license pursuant to Title 5 of the Pinole Municipal Code, abatement proceedings pursuant to Chapter 8.24 of the Pinole Municipal Code, as well as other civil or criminal proceedings.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The Building Official is authorized and directed to promulgate administrative regulations pertaining to the implementation and enforcement of this chapter. Such administrative regulations shall not take effect unless and until they are approved by a resolution duly adopted by the City Council following a public hearing thereon.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Nothing in this chapter shall be construed to prohibit an owner or occupant from voluntarily requesting an inspection pursuant to this chapter to determine whether a unit complies with applicable laws, even though such inspection may not be required pursuant to this chapter. Such voluntary inspection requests shall be subject to all of the provisions of this chapter, including, but not limited to, the provisions governing applications and fees.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Violations of the provisions of this chapter shall be deemed infractions.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Any person aggrieved by the determination concerning a certificate of compliance application under this chapter may appeal to the Board of Appeals in accordance with applicable provisions of Chapter 8.24 of the Pinole Municipal Code.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

The City Manager or designee shall conduct a periodic review of the residential health and safety rental inspection program and shall submit a periodic report of the program's effectiveness to the City Council.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)

Nothing in this chapter shall limit the City's ability to inspect properties and issue citations for property-related conditions that may constitute an immediate health or safety threat.

(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)