San Jose Municipal Code Part 8 Residential Occupancy Permit

A. The provisions of this Part 8 shall apply to any building which is used for any of the following purposes, as defined or used in Title 20 of the San José Municipal Code:

1. Apartment houses;

2. Emergency residential shelters;

3. Guesthouses;

4. Motels/hotels;

5. Residential care facilities for seven or more persons;

6. Residential service facilities; and

7. Fraternity houses and sorority houses.

(Prior code § 5512.8; Ords. 20659, 22632.)

Title 20 of the San José Municipal Code was amended by Ordinance No. 22631, effective November 12, 1987, to create a new use category entitled "guesthouses." Structures in lawful use as boarding houses and lodging houses as of said date became legal nonconforming uses pursuant to Chapter 20.150 of this Code. Such boarding houses and lodging houses shall be deemed to be guesthouses for the purposes of Section 17.20.500 of this title.

(Ord. 22632.)

A. No person shall maintain, occupy, or permit the occupation of any building, housing, or unit for which a residential occupancy permit is required until that permit has been issued.

B. No person shall maintain, occupy or permit the occupation of any building for which a residential occupancy permit is required unless there is a current and valid residential occupancy permit in force and effect.

(Ord. 22632.)

A. The owner or the agent of the owner of any building which is used for any of the purposes specified in Section 17.20.500 shall obtain a residential occupancy permit from the director of neighborhood preservation.

B. A residential occupancy permit shall be obtained prior to the time:

1. The use is commenced;

2. The structure or use is converted to another applicable occupancy or use;

3. The structure or use is expanded.

C. The permit shall be renewed annually as provided in Section 17.20.590.

(Prior code § 5512.1; Ords. 20659, 22632.)

A. The applicant shall file an application for a residential occupancy permit or permit renewal with the director of neighborhood preservation by providing the following information:

1. A complete written application for the residential occupancy permit on the form provided by the director, including the name and address of the owner of the building, structure, or unit, a valid smoke detector certificate, and a completed self-inspection certificate in the form provided by the department of neighborhood preservation.

2. Any necessary certificate of completion issued by the building official of the city;

3. Evidence that the applicant is in compliance with or is exempt from the requirements of the transient occupancy tax set forth in Chapter 4.72 of this Code. If the occupancy is a new occupancy, the applicant shall file with the director evidence of compliance with the transient occupancy tax requirements within sixty days of the issuance of the residential occupancy permit; and

4. Evidence that the applicant is in compliance with the requirements of the business tax set forth in Chapter 4.76 of this Code.

B. The applicant for any permit or renewal permit shall pay the fee for the residential occupancy permit as set forth in the schedule of fees established by resolution of council.

(Prior code § 5512.2; Ords. 20659, 21033, 21049, 21183, 21295, 22632.)

Each building subject to this chapter shall be in compliance with all of the provisions of the state housing law and this Code which are applicable to the proposed use of the building including, but not limited to, provisions relating to construction, maintenance, sanitation, ventilation, use and occupancy of the building, zoning, and fire.

(Ord. 22632.)

A. Upon receipt of the application and prior to the issuance of the residential occupancy permit, the director of the department of neighborhood preservation may cause the building to be inspected to determine if the building is in compliance with the provisions of this chapter and other applicable provisions of this Code and state law.

B. The building shall be subject to inspection at any time after the issuance of a residential occupancy permit to determine if the building is maintained in compliance with the provisions of this chapter.

C. All inspections shall be performed in accordance with Chapter 17.02 of this Code.

D. Should any inspection reveal noncompliance with any of the provisions of this Code or of the state housing law pertaining to the maintenance, sanitation, ventilation, use or occupancy of guesthouses, hotels, and apartment houses, and should reinspection be needed to determine compliance, the cost of any such reinspection, shall be billed to the owner or lessee in the amount set forth in the schedule of fees established by resolution of the city council.

(Ord. 22632.)

No residential occupancy permit shall be issued or renewed if:

A. The application or any required documentation is incomplete;

B. The application or any required documentation contains false information;

C. The building is found not to comply with this chapter; and/or

D. The applicant has failed to pay any required fees.

(Ord. 22632.)

A. The permit holder shall remain responsible for compliance with the provisions of this chapter until the permit is transferred, or a termination of the occupancy occurs. Failure to renew a permit does not relieve the permitholder of this responsibility.

B. A residential occupancy permit is transferable to any person who is entitled to apply for the permit. A residential occupancy permit may be transferred under the following circumstances:

1. When the director receives a request for the transfer of the permit on a form provided by the director; and

2. When the permitholder and the building are in full compliance with the provisions of this chapter; and

3. When the required transfer fee has been paid in an amount as set forth in the schedule of fees established by resolution of the city council.

C. For the purposes of this chapter, a termination of occupancy requires the following:

1. Notice by the permitholder to the director that the occupancy is being terminated;

2. The conversion of the use to another use described in Section 17.20.500. Any such conversion shall require a new residential occupancy permit 111 accordance with the provisions of this Code; or

3. A discontinuation of the use with no conversion to any other such use, described in Section 17.20.500.

(Ord. 22632.)

The permit holder shall be responsible for the following:

A. Compliance with the provisions of this chapter until the permit is transferred or any applicable occupancy is terminated;

B. Notices required by this chapter; and

C. Annual renewal of the residential occupancy permit.

(Ord. 22632.)

A. The permitholder shall annually renew the residential occupancy permit. Application for renewal shall include the following:

1. Submission of an annual self-inspection certificate to the department of neighborhood preservation;

2. Submission of any evidence or certificates required pursuant to Section 17.20.530 or at the request of the department of neighborhood preservation for the purpose of determining continued compliance with this chapter;

3. The name and address of the permitholder or of an agent of the permitholder upon whom process can be served; and

4. Payment of any fees required pursuant to this chapter.

B. A permit for which any required fee has not been paid results in a permit which is not current or in full force and effect. Any building which does not have a valid permit in full force and effect shall not be used for any occupancy specified in this chapter. The permitholder shall restrict such building from use or occupancy within thirty days of the failure to pay such required fee.

(Ord. 22632.)

The following notices shall be filed with the director containing the following information when applicable:

A. Any change of the name or address of the permitholder or agent of the permitholder within thirty days of any such change.

B. Information regarding any transfer of ownership shall be filed within thirty days of the transfer of ownership of the building. The name and address of the owner to whom the building was transferred shall be provided.

C. Upon the death of the permitholder, the executor or administrator of the estate shall file a notice stating the fact of the permitholder's death and the name and address of the person who has succeeded to the property. Such notice shall be filed within thirty days of the probate of the will or within ninety days of the death of the permitholder, whichever is first.

(Ord. 22632.)

A. The owner of a building for which a residential occupancy permit is required shall pay the application fee required pursuant to Section 17.20.530, the annual renewal fees required pursuant to Section 17.20.590, any reinstatement permit fees required pursuant to Section 17.20.670, and any inspection fees required pursuant to Section 17.20.550 as such fees are set forth in the schedule of fees established by resolution of council.

B. In the event payment has not been received after thirty days from the date the notice to pay was mailed, an additional penalty assessment, pursuant to the schedule of fees as adopted by resolution of the city council, shall be added to the required residential occupancy permit fee.

C. Failure to pay the fee required pursuant to this chapter shall not excuse the permitholder from the responsibility of ensuring compliance with the other provisions of this chapter.

(Prior code § 5512.7; Ords. 20659, 21033, 21049, 21295, 22632.)

The residential occupancy permit shall be issued for a one year period commencing on the date of the issuance of the permit unless earlier revoked.

(Prior code § 5512.3; Ords. 20659, 22632.)

The person to whom the residential occupancy permit is issued shall display it in a conspicuous place in the building to which it pertains so that it may readily be seen by the residents of the building and any representative of the city with authority to enforce the provisions of this chapter.

(Prior code § 5512.4; Ords. 20659, 22632.)

A residential occupancy permit may be revoked for any of the following causes:

A. Fraud, willful misrepresentation, or any willful inaccurate or false statement in any materials submitted in the application for a new permit, renewal of an existing permit or in the information required to be submitted pursuant to the chapter;

B. Failure to submit any information required for a new permit or renewal;

C. Failure to pay any fees required pursuant to this chapter;

D. Failure to comply with any provision of this Code as specified in Section 17.20.540; or

E. The creation or maintenance of any public nuisance as defined by Section 17.20.910 of this Code.

(Ord. 22632.)

A. Whenever it is determined that revocation of the permit is necessary, the director of neighborhood preservation shall issue by mail a notice of intent to revoke to the permitholder.

B. The notice of intent to revoke shall contain the following information:

1. The street address of the building which is the subject of the residential occupancy permit, the residential occupancy permit number, and the name of the permitholder to whom the residential occupancy permit was issued;

2. A statement of the reasons for the intended revocation;

3. A statement that the permitholder may protest the intended revocation of the residential occupancy permit in accordance with Part 2 of Chapter 17.02, and specifying the time, date and place of the hearing on the intended revocation; and

4. A statement advising that failure to appear at such hearing constitutes a failure to exhaust the administrative remedies available to the permitholder.

(Ord. 22632.)

Any project of the intended revocation of a residential occupancy permit shall be in accordance with Part 2 of Chapter 17.02, except that:

A. The notice of intent to revoke shall be in the form specified in Section 17.20.650; and B. Service of such notice is required only for the permitholder as disclosed on the records of the department of neighborhood preservation.

(Ord. 22632.)

Any

permit which has been revoked may be reinstated upon compliance with the following:

A. The permitholder applies for a reinstated permit in accordance with Section 17.20.530;

B. The building is inspected pursuant to Section 17.20.550;

C. The permitholder appears before the commission designated in Section 17.02.160 and demonstrates to the satisfaction of the commission and the commission finds that:

1. The conditions which resulted in the revocation of the permit have been corrected; and

2. The building is in compliance with all provisions of this chapter: and

D. Any fee for reinstatement of the permit and any other required fees have been paid.

(Ord. 22632.)

The director of neighborhood preservation may order the restriction from use or occupancy of any building which is occupied in violation of this part. Such restriction from use or occupancy shall be in accordance with Part 5 of Chapter 17.02.

(Ord. 22632.)