Rialto Municipal Code Ch. 15.60 Multiunit Property Maintenance Inspections

Footnotes:

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Prior ordinance history: Ords. 1217 and 1336.

The legislature has delegated to local building, housing, health, police, and fire departments the authority to enforce local building standards under Health and Safety Code Sections 17960, 17961, 17962, and 17980. The purpose and intent of this chapter is to provide a system of regulation for the maintenance, sanitation, ventilation, use, occupancy, and safety of multiunit residential structures in the city for the public health, safety and general welfare. In accordance with the provisions of the Uniform Housing Code, it is not the intent of this chapter to require mandatory retrofit of existing units built, constructed or installed according to such code requirements in effect at the time the building, structure, or units were built, constructed or installed, if such units have been maintained in a good and safe manner, unless the retrofitting is otherwise required by state or local law.

Also, the intent of this chapter is to detect and remedy code violations and substandard conditions in multiunit residential structures that constitute an immediate hazard or present a clear and present threat to human life, limb, health, property, safety, or general welfare of the public or the occupants thereof. Recognizing that the serious dilapidation or deterioration of any single dwelling unit can lead to the rapid deterioration of an entire neighborhood, this chapter specifies the enforcement procedures to be utilized by the city in satisfying its obligation to oversee full compliance with the registration program by owners of all multiunit residential structures.

Finally, pursuant to the specific legislative finding in California Health and Safety Code Section 17998(d) that "local government with a higher percentage of lower income households with families, living in older, overcrowded housing stock, exacerbated by the neglect of absentee landlords, bear a disproportionate code enforcement cost and responsibility compared with more affluent communities," this chapter is being enacted to ensure (1) full compliance with the inspection and registration program of all multiunit residential structures as required by this chapter; and (2) authorization of a fee that defrays the cost of maintaining the inspection and registration program in an amount not to exceed the amount reasonably required to enforce the provisions of this chapter, as established by California Health and Safety Code Section 17951(c).

(Ord. 1360 § 1 (part), 2004)

The police chief of the city or his/her designee and/or code enforcement shall enforce the provisions of this chapter.

(Ord. 1360 § 1 (part), 2004)

Except as otherwise provided in this chapter, terms and words used in this chapter are defined as listed in the California Health and Safety Code, Division 13, Part 1.5, Section 17920, et seq.; and the California Code of Regulations, Title 25, Chapter 1, Article 1 and Article 2, and the applicable articles adopted pursuant thereto, and the following words are defined as follows:

"Apartment" or "apartment house" means a rental dwelling unit.

"Biennial certificate of inspection" means a permit issued to an owner of a multiunit residential structure which signifies that, at the time of issuance, the multiunit residential structure met the requirements of human occupancy.

"City" means the City of Rialto, or its authorized agent.

"Code enforcement" means the division under the control of the police chief responsible for enforcing the state and local laws of California.

"Dwelling unit" means any building, or portion thereof, including a manufactured home or portion thereof, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building Code for not more than one family, including domestic employees of such family.

"Group home facility" refers to any of the community care facilities authorized to be licensed pursuant to California Health and Safety Code Section 1500 et seq.

"Motel," "hotel" or "lodging house" means a building or buildings each containing one or more guest rooms or dwelling units, or combination thereof, designed, used and intended wholly, or in part, for the accommodation of transients, but not a rental dwelling unit. This term does not include a jail, hospital, asylum, sanitarium, orphanage, prison, or other buildings in which human beings are housed and detained under legal restraint.

"Multiunit residential structure" means an apartment or apartment house, motel, hotel, lodging house or group home facility, and any common areas associated therewith.

"Occupant" means any person who occupies a dwelling unit, whether as an owner, or tenant, subtenant or permittee of the owner.

"Owner" means that person or entity, including the duly appointed agent of the owner, holding a vested interest in a given property and appearing as the legal owner of record on the most current deed recorded in the San Bernardino county recorder's office on the day of the inspection or reinspection.

"Person" means an individual, partnership, limited partnership, corporation, association, or public entity or corporation.

"Police chief" means the police chief of the city, or his/her designee.

"Premise" means and includes all buildings located on contiguous parcels of land under common ownership.

"Rental dwelling unit" means a dwelling unit in a multiunit residential structure, which is held out for, or is rented, leased, subleased, or otherwise permitted to be occupied by other than the owner, and shall not include a dwelling unit intended for accommodation of transients.

(Ord. 1360 § 1 (part), 2004)

A. No person or entity shall permit to be occupied a rental dwelling unit, or operate a motel, hotel, or lodging house without possession of an unexpired, unrevoked, unsuspended biennial inspection certificate for each structure and payment of the requisite fee to the city, as set forth by council resolution.

B. Unless an owner is in good standing by possessing a biennial certificate of inspection, or a certificate of exemption as provided by Section 15.60.100 of this chapter, the owner of every building or structure containing two or more rental dwelling units shall register such building or structure, and each rental dwelling unit therein, with code enforcement on or before the last business day in December; or upon the issuance of a certificate of occupancy for such building or structure shall immediately register the building or structure with code enforcement.

C. Each biennial inspection certificate shall expire in accordance with Section 15.60.060 of this chapter.

D. In addition to the registration requirements of subsection B of this section, no person shall rent, lease, occupy or otherwise permit any rental dwelling unit that has been vacated by the previous occupant to be reoccupied until such unit has been registered pursuant to the application process described in Section 15.60.050, or otherwise provided with a certificate of exemption.

E. Any rental dwelling unit that has been vacated by its prior occupants shall be registered pursuant to the application process described in Section 15.60.050 and the owner shall present proof of such registration or, in the alternative, proof of exemption from registration to the utility company prior to any connection of utilities, including water, electricity and gas.

F. The fees required pursuant to Section 15.60.150 shall be paid to business licensing in the finance department prior to the issuance of the biennial inspection certificate. Upon receiving the requisite payment, business licensing shall provide the owner with a copy of the receipt of payment and the application for registering the property with code enforcement. No biennial inspection certificate shall be issued until the property has been duly registered and a member of code enforcement has inspected the premises and issued a certificate of clearance signed by the inspecting officer.

(Ord. 1360 § 1 (part), 2004)

Registration shall be accomplished by filing with code enforcement a completed application form and paying the fee required pursuant to Section 15.60.150.

After the application form has been properly filed and the requisite fee paid, a code enforcement officer shall inspect each rental dwelling unit to determine whether such unit complies with all applicable city codes, ordinances, the Uniform Building Code, the Uniform Fire Code, State Housing Law (Health and Safety Code Section 17920.3), and other applicable state laws and regulations, including Health and Safety Code Section 1500 et seq. At the designated time of the property inspection, and completely at the officer's discretion, code enforcement may request the assistance of a building inspector to assist with the inspection of the unit. If the unit is determined to be in compliance, code enforcement shall immediately issue a certificate of clearance and, thereafter, shall cause the biennial inspection certificate to be issued. Upon receipt by the owner, the biennial inspection certificate shall at all times be posted in plain view in the manager's office of any multiunit residential structure consisting of two or more units. Failure to post such biennial inspection certificate is a separate violation of this chapter.

(Ord. 1360 § 1 (part), 2004)

Any owner who fails to timely apply for the biennial registration and inspection certificate as required by this chapter shall pay a late registration administrative processing fee of ten percent of the application fee as determined by Section 15.60.150 for each month, or part thereof, following the date the application was due. Upon a showing of good cause, the city may waive or abate any portion of such penalty.

(Ord. 1360 § 1 (part), 2004)

A. The biennial inspection certificate shall contain the following:

1. The date of issuance;

2. The lawful use of the property;

3. The address of the property;

4. The property owner's name, address and telephone number;

5. The owner's duly authorized agent, if any, and his/her/its name, address and telephone number;

6. The registration number;

7. The expiration date;

8. The signature of the issuing officer;

9. The amount of the fee paid;

10. Any other pertinent information.

B. The biennial inspection certificate issued pursuant to this chapter shall expire two years following issuance, or upon change of property ownership.

(Ord. 1360 § 1 (part), 2004)

Code enforcement shall be responsible for the biennial exterior inspection of each structure registered pursuant to this chapter. Multiunit residential structures shall be inspected at least once every two years.

Nothing contained in this chapter shall prevent an owner, tenant, or permittee from voluntarily requesting an inspection at any time for the purpose of determining whether the premises or dwelling unit complies with this chapter. A fee for such inspection shall be fixed pursuant to Section 15.60.150.

(Ord. 1360 § 1 (part), 2004)

During the course of the biennial exterior inspection, or at any other exterior inspection, code enforcement shall have the right to make an interior inspection of any unit if evidence of possible interior defects is observed or an extreme state of exterior dilapidation exists. In the performance of its duties, code enforcement shall, upon presentation of proper credentials, have the right to enter at reasonable times any building structure, premises, or dwelling unit in the city to perform any duty imposed upon it by this chapter.

Nothing in this chapter shall prohibit an interior inspection of any dwelling unit if the owner or legal occupant grants entry to the dwelling unit. However, no entry shall be made by the police chief, his/her designee, or code enforcement without permission from the owner or occupant, or without the issuance of a warrant as provided for by the California Code of Civil Procedure Section 1822.50 et seq. The interior inspection shall be performed at reasonable times during daylight hours, except in the event of an emergency.

(Ord. 1360 § 1 (part), 2004)

It shall be considered a public nuisance and unlawful to construct, alter, convert, maintain, permit occupancy, or otherwise use for human occupation, any multiunit residential structure or similar facility which fails to comply with state and local laws that relate to housing standards, property maintenance, building and fire codes or local zoning requirements. The police chief shall have the authority to require correction of any and all deficiencies identified in a property inspection through the use of all available remedies, including those found in California Civil Code Section 3491.

(Ord. 1360 § 1 (part), 2004)

If the inspection reveals a violation of housing standards, property maintenance ordinances, building and fire codes, or local zoning requirements, the property owner shall be provided with a written notice describing the violation, its location, a demand for its correction and a reasonable time period to allow for correcting the violation. Thereafter, code enforcement shall reinspect the building, structure, unit(s) or premises to ascertain that the violation has been corrected, as required. No biennial inspection certificate shall issue until all noticed violations are corrected. A reinspection fee shall be charged to cover all costs incurred by the city for obtaining such compliance.

In the event an owner fails to correct the noticed violations within three months of the written notice of violation, any application previously filed to obtain a biennial inspection certificate shall lapse, and the owner will be required to submit a new application and fee. Any failure to correct conditions that pose an immediate threat to human limb, life, health and safety, may result in condemnation of the building, structure, premises, or dwelling unit, as provided for by law, or the application of other remedies, such as summary abatement.

The owner shall be notified of the date and time of any reinspection and shall be responsible for making the unit available for reinspection by the city. If the reinspection involves the interior inspection of a rental dwelling unit, the owner shall be notified of the date and time of the reinspection and shall be requested to obtain the occupant's permission to enter the unit for reinspection by the city. If the occupant denies code enforcement access to the unit to allow for the reinspection, code enforcement shall obtain a warrant, as provided for by the California Code of Civil Procedure Section 1822.50 et seq.

(Ord. 1360 § 1 (part), 2004)

At least ten calendar days prior to any inspection or reinspection, code enforcement shall mail, by first class postage prepaid, a notice setting forth the following:

A. The address or other identification of the property to be inspected;

B. The date of the inspection;

C. A range of time, not to exceed four hours, during which time the inspection will be made;

D. All inspections will be scheduled between eight a.m. and five p.m., Monday through Saturday, inclusive, or at such time as the owner, agent or occupant may consent.

(Ord. 1360 § 1 (part), 2004)

All owner-occupied dwelling units shall be issued a certificate of exemption upon request and confirmation of ownership as shown on a real property records report, as described in Article 6.5 (commencing with Section 387.80) of Chapter 10, Part 2, Division 3, Title 4 of the California Government Code. No fee shall be charged for the certificate of exemption issued in conjunction with a real property records report.

(Ord. 1360 § 1 (part), 2004)

Upon determination by the police chief that any multiunit residential structure inspected and/or reinspected pursuant to this chapter complies with all applicable state fire marshal standards and other regulations of the state fire marshal, the police chief shall cause to be issued to the owner of the multiunit residential structure a certificate of compliance with the state fire marshal standards.

Upon determination that the building does not comply with the state fire marshal standards, the police chief shall cause a reinspection to occur pursuant to Section 15.60.080 of this chapter. If any owner shall fail or refuse to cure any violation of the state fire marshal standards within the time required by the written notice of violation issued pursuant to Section 15.60.080, then the police chief shall refer the matter to the city attorney for prosecution, and provide notice to the owner or agent, as shown on the application, mailed first class postage prepaid, stating the continuing violation and that the matter has been forwarded to the city attorney for prosecution.

(Ord. 1360 § 1 (part), 2004)

Any person aggrieved by the determination of the police chief or code enforcement under this chapter may appeal the determination to the city administrator or his/her designee. The appeal must be filed in writing on a form provided by code enforcement. The appeal must be filed not later than fifteen days from the date of determination. The appeal must set forth the specific reason for the appeal and the basis upon which such determination is contested. Within thirty days after the receipt of the written notification of appeal, the city administrator or his/her designee shall conduct an informal hearing and issue a written decision. The aggrieved person shall be notified of the city administrator's decision by a written statement of decision which shall be mailed to the aggrieved party by first class mail, postage prepaid, including a copy of an affidavit of mailing. The decision becomes final on the date of mailing. Thereafter, the aggrieved party may bring a special proceeding for review of the administrative decision pursuant to California Code of Civil Procedure Section 1094.5 which must be filed with the court not later than the ninetieth day following the date on which the decision becomes final.

(Ord. 1360 § 1 (part), 2004)

Any person who violates any provision of this chapter is deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than two hundred fifty dollars or more than one thousand dollars, or by imprisonment for a period not to exceed six months, or by both fine and imprisonment. Each day that a violation exists constitutes a new violation for purposes of prosecution under this chapter.

(Ord. 1360 § 1 (part), 2004)

The city may enforce this chapter by civil or administrative actions, in addition to, or in conjunction with, the criminal provisions contained in this chapter. Enforcement by the city under the provisions contained in this chapter shall not relieve the property owner of the obligation to comply with the provisions of this chapter. In any action filed by the city attorney to foreclose a lien to collect its administrative costs and penalties against any multiunit residential structure assessed pursuant to this chapter, the city shall be entitled to its attorney's fees and costs.

(Ord. 1360 § 1 (part), 2004)

The city council may adopt, and amend, from time to time, by resolution, a schedule of fees required under this chapter, pursuant to California Government Code Section 66016.

(Ord. 1360 § 1 (part), 2004)

If any section, subsection, sentence, clause, phrase or a portion thereof of this chapter is for any reason held or declared to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such decision shall not affect the validity of the remaining portions of this chapter not so invalidated or declared unconstitutional, and they shall remain in full force and effect.

(Ord. 1360 § 1 (part), 2004)

This chapter shall become effective thirty days from and after its passage and adoption.

(Ord. 1360 § 1 (part), 2004)