Chapter 9 — ENFORCEMENT OF STATE HOUSING LAW

The Director of Environmental Health, in addition to their other duties, is hereby designated as the officer to enforce and is charged with the enforcement of the provisions of the State Housing Law pertaining to sanitation, ventilation, use or occupancy of apartment houses, dwellings and hotels within the unincorporated territory of the County.

(Amended by Ord. No. 2260 (N.S.), effective 9-12-61; amended by Ord. No. 5726 (N.S.), effective 5-8-80; amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9662 (N.S.), effective 8-14-04; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10709 (N.S.), effective 1-15- 21; amended by Ord. 10927 (N.S.), effective 1-10-25)

(Amended by Ord. No. 2260 (N.S.), effective 9-12-61; amended by Ord. No. 5726 (N.S.), effective 5-8-80; amended by Ord. No. 7309 (N.S.), effective 7-2-87; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; repealed by Ord. No. 9273, effective 12-15-00)

For the purpose of this chapter, unless otherwise specified, the following word or words shall have the following meaning:

APARTMENT HOUSE means any building or portion thereof which contains three or more dwelling units. Separate apartment house buildings located upon a single parcel of land or contiguous parcels of land or under the same ownership shall be treated as one apartment house for the purpose of computing the fee prescribed by Section 65.107(b).

CO-LOCATED RENTAL UNIT means any other rental unit on the same premises and under the same ownership or

management as an apartment house.

DIRECTOR means the Director of Environmental Health.

DWELLING UNIT shall mean each apartment in an apartment house and each sleeping room in a hotel, and each apartment and each hotel sleeping room in a building, containing both apartments and hotel sleeping rooms which contains living facilities, including provisions for sleeping, eating, cooking, and sanitation, for not more than one family and for the purpose of Chapter 1, Division 9, Title 6 includes rented residences.

GUEST means any person hiring or occupying a room for living or sleeping purposes.

GUEST ROOM means any room or rooms used or intended to be used by a guest for sleeping purposes.

HOTEL means any building, or set of buildings located on the same or contiguous premises and under the same ownership or management, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. Separate hotel buildings located upon a single parcel of land or contiguous parcels of land or under the same ownership shall be treated as hotel for the purpose of computing the fee prescribed by Section 65.107(b).

(Added by Ord. No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1- 10-25)

It shall be unlawful to occupy, or to permit to be occupied, any apartment house or hotel or co- located rental unit now or hereafter erected, constructed, reconstructed, altered, converted or moved, as the case may be, or any portion thereof, for human habitation without an annual permit therefor issued by the Director.

(Added by Ord No. 9273 (N.S.), effective 12-15-00; amended by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 9859 (N.S.), effective 6-15-07, operative 7-1-07; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. 10927 (N.S.), effective 1-10-25)

The health permit required by this chapter shall be applied for and issued as prescribed inTitle 6, Division 5 of this Code. Every person applying for a health permit shall pay the fee set forth in Title 6, Division 5, Section 65.107 of this Code.

(Added by Ord No. 9273 (N.S.), effective 12-15-00; amended by Ord. 10927 (N.S.), effective 1-10-25)

Except as provided in subsection (b), any person violating any provision of this chapter shall be deemed guilty of an infraction.

(a) A person convicted of a third or subsequent violation of this chapter within two years from the date of the first conviction shall be deemed guilty of a misdemeanor.

(b) Each day on which a violation occurs or continues shall constitute a separate offense.

(Added by Ord No. 9273 (N.S.), effective 12-15-00; amended by Ord. 10927 (N.S.), effective 1-10-25)

(a) The County shall recover the cost of the Director's enforcement activities when they are otherwise not regulated by a permit as a health regulated business. The County shall also recover any reasonable costs that it may incur in connection with the collection of such fees.

(b) The fee shall be assessed when the Director has issued an official inspection report requiring correction of a condition found to exist.

(c) The fee shall be determined by the enforcement effort made to obtain correction. The fee shall be assessed at the approved hourly rate as specified in Section 65.107.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. 10927 (N.S.), effective 1-10-25)

(a) The County shall recover the cost of the Director's investigation and enforcement activities for lead hazards when they are related to sample collection, laboratory costs, and abatement project oversight. The County shall also recover any reasonable costs that it may incur in connection with the collection of such fees.

(b) The fee shall be determined by the enforcement effort made to obtain correction and shall also be in addition to any permit issued for a health regulated business. The fee shall be assessed to the property owner at the approved hourly rate as specified in Section 65.107(m) of this code, and for all laboratory costs associated with sampling and analysis.

(Added by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. 10927 (N.S.), effective 1-10-25)