San Bernardino County Municipal Code Art. 1 Regulations of Buildings Used for Human Habitation

It is the purpose and intent of this Article to provide regulation for the maintenance, sanitation, ventilation, use, occupancy, and safety of rental dwelling units, hotels, and motels within this jurisdiction for the public health, safety, and general welfare. It is hereby declared that in any instance where the provisions of this Article do not encompass all of the State regulations pertaining to the subject of this Article, such regulations are included herein and incorporated by reference.

(Ord. 3105, passed - -1986)

Pursuant to the authority in Chapter 1 of this Environmental Health Code (E.H. Code); the Health and Safety Code Division 13, Part 1.5, and the Administrative Code Title 25, Chapter 1, and the applicable articles pursuant thereto and as otherwise provided by law, the Department of Environmental Health Services (DEHS) of the County of San Bernardino shall enforce the provisions of this Article within this jurisdiction, except as otherwise provided by this Board or Council.

(Ord. 3105, passed - -1986)

Except where otherwise provided by this jurisdiction, and herein, DEHS shall include all provisions of Chapters 1, 2, and 3 of this E. H. Code in enforcing this Article.

(Ord. 3105, passed - -1986)

Definitions herein shall supplement all definitions in Chapters 1 and 3 of this E. H. Code and the development code of this jurisdiction. Except as otherwise provided in this Section, all terms used in this Article which are defined in the Health and Safety Code Division 13, Part 1.5 and the Administrative Code Title 25, Division 1, Chapter 1, and the applicable articles adopted pursuant thereto, are used in this Article as so defined, unless from the context thereof, it clearly appears that a different meaning is intended.

APARTMENT. A dwelling unit which is rented or offered for rent as a residence and shall not include a dwelling unit intended for the accommodation of transients.

APARTMENT HOUSE. Any building or portion thereof containing three or more apartments or dwelling units.

DWELLING UNIT. One or more habitable rooms which are occupied or which are intended to be, or designed to be, occupied by one family with facilities for living, sleeping, eating and cooking.

GUEST ROOM. Any room or suite of rooms designed, used, and intended for the accommodation of a person, family, or party.

HOTEL. Any structure, or any portion of a structure, including any lodging house, boarding house, rooming house, dormitory, Turkish bath, bachelor hotel, studio hotel, public club, or private club, containing three or more resident guest rooms and which is occupied or is intended or designed for occupation by three or more guests, whether rent is paid in money, goods, labor, or otherwise. It does not include any jail, hospital asylum, sanitarium, orphanage, prison, or other building in which human beings are housed and detained under legal restraint.

MOTEL. A building or buildings each containing one or more guest rooms or dwelling units or combinations thereof designed, used, and intended wholly or in part, for the accommodation of transients. MOTEL also includes any auto court, resort, and “bed and breakfast” lodging.

MULTIPLE APARTMENTS. Three or more apartments located on the same premises and/or parcel.

PREMISES. Include all buildings located on contiguous parcels of land under common ownership.

(Ord. 3105, passed - -1986)

No person or entity shall allow the occupancy of any multiple apartment units, apartment house, hotel, motel, or similar operation, without possessing an unexpired, unrevoked, unsuspended certificate of occupancy (C of O) from DEHS for each operation or premises, and paying fees to DEHS as provided by the San Bernardino County Code Schedule of Fees.

(a) A new C of O is required when:

(1) The occupancy classification of a building or portion thereof is changed;

(2) The number of apartments, guest rooms, or dwelling units is changed;

(3) The ownership of the multiple apartments, apartment house, hotel, or motel is changed;

(4) The C of O has expired or has been revoked.

(Ord. 3105, passed - -1986)

Upon the failure of the owner or operator to make application for a C of O within 60 days of notification by DEHS concerning occupied premises, DEHS may charge a late processing fee equal to the original fee.

(Ord. 3105, passed - -1986)

Prior to the issuance of the C of O, DEHS shall inspect each premise to assure compliance with the provision of this Article. When it is determined that the premises are in substantial compliance with the provisions of this Article, the C of O shall be issued. Should DEHS find substantial violations of this Article which render the premises or any portion thereof substandard, the C of O shall be withheld.

(Ord. 3105, passed - -1986)

Whenever DEHS determined that any premises, or portion thereof, for which a C of O has been issued, has become substandard, the C of O shall be revoked.

(Ord. 3105, passed - -1986)

No person or entity shall allow the operation of a hotel, motel, auto court, resort, “bed and breakfast” lodging facility, or similar facility without possessing an unexpired, unrevoked, unsuspended permit for each facility and paying fees to DEHS in those amounts set forth in the San Bernardino County Code Schedule of Fees.

(Ord. 3105, passed - -1986)

Permits issued pursuant to this Chapter expire the December 31 following issuance and such permit shall be renewed and all fees paid within 30 days following the expiration date.

(Ord. 3105, passed - -1986)

Fees of supplemental permits issued for guest rooms, dormitories, and dwelling units added after the issuance of the original permit shall be paid as prorated by DEHS on a monthly basis and the expiration date of supplemental permits shall be the same as the expiration date of the original permit.

(Ord. 3105, passed - -1986)

It shall be unlawful for any person to violate any provision of this Article. Except as provided herein, all administrative procedures, enforcement, remedies, and penalties of Chapters 1, 2, and 3 of this E.H. Code shall apply to this Article, and are in addition to all others provided by law.

§§ 33.1014—1019 (Reserved).