Tehachapi Municipal Code Ch. 8.72 Residential Rental Property Inspection Requirements

The purpose of this chapter is to safeguard and preserve the housing stock of adequate, safe and sanitary residential rental properties within the city and to protect persons entering or residing in them by providing for a comprehensive system of inspection of residential rental properties and, through such inspections, identify and require the correction of substandard conditions. Additionally, the council finds that the safety of rental properties is increased through the participation of owners, tenants, the city, and the community.

The intent of this chapter is to identify blighted and deteriorated rental properties and to ensure the rehabilitation or elimination of rental properties that do not meet minimum building and housing code standards, exterior maintenance standards, site maintenance standards, are being used for criminal activity, or are not safe to occupy. It is further intended to preserve and enhance the quality of life for residents of the city residing in rental properties. Owners of these types of properties will be required to maintain these units in accordance with applicable housing, building and property maintenance standards as adopted by the city.

(Ord. No. 25-04-782, § 2, 10-20-2025)

A. The provisions of this chapter shall apply to all residential rental properties within the city. Not only does this chapter apply to both the interior and exterior of all residential rental properties, but it also applies to the premises on which the residential rental property is located, including, but not limited to all yards, curtilage, parking lots, driveways, landscaped areas, accessory structures, fences, walls, swimming pools, hot tubs and spas.

B. The provisions of this chapter are supplementary and complementary to other provisions of this Code and applicable laws. Nothing in this chapter may be construed to limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute or this Code, including provisions of the International Property Maintenance Codes or Uniform Codes adopted by reference in the city's municipal code.

C. All owners of existing rental properties shall register each rental property within sixty days of the effective date of this chapter and to then bring each rental property into compliance with all provisions of this chapter. All new rental property (rental units established after the effective date of this chapter) is automatically subject to the requirements and procedures of this chapter.

(Ord. No. 25-04-782, § 2, 10-20-2025)

For the purpose of this chapter, unless otherwise apparent from their context, the following terms and phrases used in this chapter shall have the meanings hereinafter designated. The definitions in this chapter are included for reference purposes only and are not intended to narrow the scope of definitions set forth in federal or state laws or regulations.

A. "Business tax certificate" means a city business tax certificate that is issued to the owner for each rental property after the owner has applied for the business tax certificate pursuant to the procedures set forth herein and Chapter 5.08 and successfully complied with all other applicable laws, including payment of all applicable fees.

B. "City" means the city of Tehachapi.

C. "Inspector" means the city's building inspector, chief of police, their designees, or person designated by the city manager, which shall all have complete authority to enforce all provisions of this chapter.

D. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental property.

E. "Owner" means any person having legal title to real property, including all individuals, partner, joint venture, stock owner, persons in care of the rental property as shown as owners on the last equalized assessment roll of the Kern County Assessor's Office, or an owner's authorized representative. If more than one person or an entity owns the rental property, owner refers to each person or entity holding any kind of ownership interest in the rental property, and the owners' obligations in this chapter are joint and several as to each property owner.

F. "Owner's authorized representative" means a person, agent, property owner or property management company with respect to a rental property who has the legal authority to act upon the owner's behalf with respect to the rental property.

G. "Rental property" means any single or multi-family zoned parcel used for occupancy by a person(s) other than the owner of the unit and is occupied or intended to be occupied for rental purposes. This definition includes both the interior and exterior of the structure, and the entire legal property upon which the structure exists, including, but not limited to all yards, parking lots, driveways, landscaped area, accessory structures, fences, walls, swimming pools, hot tubs and spas. For the purpose of this chapter, the following types of dwelling units or facilities are not considered rental property.

1. Conventional hotels or motels;

2. Accommodations in any hospital, extended care facility, residential care facility, convalescent home, nonprofit home for the aged, or dormitory that is owned and operated by an educational institution; and,

3. Mobile home parks.

H. "Substandard condition" or "substandard dwelling" means any condition which is defined as constituting a substandard building or dwelling as defined by California Health and Safety Code Section 17920.3 et seq. or as defined by the California Building Code.

(Ord. No. 25-04-782, § 2, 10-20-2025)

For the purposes of this chapter, if a property tax bill, water or utility bill for a property is mailed to an address other than the property's address, it shall be a rebuttable presumption that the property is a rental property. This presumption can be rebutted by the owner of record by providing reasonable documentation to the city sustaining that the property is owner occupied or is not being used, actively or not, for rental income.

(Ord. No. 25-04-782, § 2, 10-20-2025)

For each individual rental property, every owner shall be required to complete and comply with the following provisions:

A. Registration of Rental Property. It shall be the responsibility of all owners of rental property within the city to register each rental property with the development services department and submit the registration/processing fee for each rental property.

B. Business Tax Certificate. Every owner of a rental property shall be required to obtain a business tax certificate for each rental property, pursuant to the provisions of this chapter and Chapter 5.08 of this Code, as may be amended. A business tax certificate for each rental property shall be issued after the owner has registered the rental property and submitted all fees. Proof of registration and payment of all applicable fees shall be provided as part of the business tax certificate application.

C. Business Tax Certificate Renewal. Renewal of the business tax certificate shall be issued after the owner has complied with all applicable laws, including payment of all applicable fees. The business tax certificate shall not be transferable upon a change of ownership of the rental property. Upon property ownership change, the business tax certificate issued to the prior property owner shall be null and void and such business tax certificate file shall be closed. A business tax certificate will not be renewed if the rental property has an active code enforcement case.

(Ord. No. 25-04-782, § 2, 10-20-2025)

A. For purposes of this chapter, all owners of rental property may designate a local authorized representative, who shall have full authority to act on behalf of the owner for all purposes under this chapter, including the acceptance of service of all notices from the city.

B. Any designated local authorized representative must establish and maintain, at all times, a working telephone number and a residence or business address within fifty miles of any of his or her designated rental properties. The owner's authorized representative must be accessible to the city through the provided telephone number at all times: twenty-four hours a day, seven days a week.

C. If any of the information provided pursuant to paragraphs A or B above changes, the owner must notify the city within five calendar days of the change. Failure to notify the city is a violation of this code and subject to all enforcement provisions.

(Ord. No. 25-04-782, § 2, 10-20-2025)

All owners of rental property subject to this chapter shall pay a registration/processing fee on a pre-determined schedule in the amount set forth in the master fee schedule (resolution establishing fees and charges for various municipal services). The fee will be used to finance the cost of processing, maintaining current ownership, property information, and program records by city staff. If the owner fails to pay the required fee, the city may recover it, plus accrued interest and penalties, utilizing all remedies provided by law, including placing a special assessment lien against the residential rental dwelling unit. This fee is known as the "registration/processing" fee.

(Ord. No. 25-04-782, § 2, 10-20-2025)

A. All rental property shall be maintained by the owner or the owner's authorized representative to require that tenants shall not engage in illegal, nuisance, or criminal activity on the premises of the rental property. The owner or the owner's authorized representative must make a good-faith effort to deter tenants from engaging in illegal, nuisance, or criminal activity on the premises of the rental property.

B. It is unlawful for the owner or the owner's authorized representative to allow any tenant to occupy a rental property in violation of any provision of this chapter.

C. Tenants, any members of a tenant's household, a guest, or other person under the tenant's control or otherwise on the rental property for a purpose related to the tenant shall not:

1. Engage in any nuisance activity as defined in Civil Code Sections 3479 and 3480, or under Title 8 of this Code, any criminal activity, including drug-related criminal activity, on the Rental Property. "Drug-related Criminal Activity" means the illegal manufacture, sale, use, possession, distribution, or possession with the intent to manufacture, sell, distribute, or use of a controlled substance as defined in Section 201 of the Controlled Substances Act (21 U.S.C. 802);

2. Engage in any act intended to facilitate nuisance or criminal activity on the rental property;

3. Use, permit, or facilitate the rental property to be used for, nuisance or criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest;

4. Engage in the unlawful manufacturing, selling, using, storing, keeping, distributing or otherwise giving away of a controlled substance as defined in Health & Safety Code Section 11350 et seq., at any locations in or near the rental property; or,

5. Engage in any illegal activity at the rental property, including, but not limited to, the unlawful conversions of residential structures for the growth, sale and distribution of marijuana, prostitution as described in Penal Code Section 647(b), criminal street gang activity as defined in Penal Code Section 186.20 et seq., assault and battery as defined in Penal Code Sections 240 and 242, burglary as prohibited in Penal Code Section 459; the unlawful use and discharge of firearms as prohibited in Penal Code Section 246.3, sexual offenses as prohibited in Penal Code Sections 272 and 288, or any breach of the lease agreement that otherwise jeopardizes the health, safety and welfare of the tenants or surrounding community or may involve imminent or actual property damage to the rental property.

D. Subject to the requirements of Chapter 5.04 the chief of police or their designee may request the revocation, suspension or denial of the business tax certificate issued for a rental property upon concluding that criminal activity is ongoing at the rental property.

(Ord. No. 25-04-782, § 2, 10-20-2025)

A. Additional Inspections. Nothing contained in this chapter shall prevent or restrict the city's authority to conduct additional inspections of rental property or inspect any rental property in response to a complaint alleging code violations or violations of any other applicable laws, or to pursue all remedies available under this Code or applicable laws.

B. Complaint Based Inspections Required. Additional inspections of any rental property may occur on a complaint basis and as determined by the inspector. Upon receipt of a complaint from a tenant, occupant, an agent of a tenant, resident, occupant, neighbor, or other citizen regarding a potential violation of Health and Safety Code Section 17920.10 pertaining to lead hazards or regarding a building being substandard pursuant to Health and Safety Code Section 17920.3 the Inspector shall:

1. Notice Pending Inspection. The owner or local contact representative is responsible for obtaining the consent of the tenant of the rental property for the inspector's entry to inspect the unit. If the owner or tenant does not consent to the entry for inspection, the inspector is authorized to seek an inspection warrant from a court of competent jurisdiction. if a tenant or occupant of a rental property refuses to allow the inspection, the owner is not in violation of this section. If the inspector has reasonable cause to believe that the rental property is so hazardous, unsafe, or dangerous as to require immediate inspection to safeguard the public health or safety, the inspector shall have the right to immediately enter and inspect the premises and may use any reasonable means required to effect the entry and make an inspection

2. Inspect. Inspect the rental property or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that may be a violation of Health and Safety Code Section 17920.10 pertaining to lead hazards or that may be substandard pursuant to Health and Safety Code Section 17920.3.

3. Document and Report. Document any violations of Health and Safety Code Section 17920.10 that would be discovered based upon a reasonably competent and diligently visual inspection of the rental property and identify any building or portion thereof intended for human occupancy, including any dwelling unit, guestroom, or suite of rooms, or the premises on which it is located, that is determined to be substandard pursuant to Section 17920.3, as applicable. If no violations are observed, no report will be issued. If violations are observed, the inspector must issue a report outlining each violation and remedial action and schedule a re-inspection of the rental property to verify correction of the violations. A free certified copy of the inspection report shall be provided:

(i) To the complaining tenant, resident, occupant, or their agent;

(ii) All potentially affected tenants in other rental property if the inspection reveals conditions that may potentially affect other rental property or units; and,

(iii) To the property owner, property manager, or their authorized representative.

4. Inspection of additional potentially affected rental property units. If the inspection reveals a condition that may potentially affect multiple tenants, residents, or other rental property, the inspector may conduct an additional inspection of any rental property, after providing the notice described in paragraph 1, as applicable. The inspector must reasonably attempt to inspect additional rental property units, at least rental property units that are adjacent to, above, and below the affected rental property and shall have the authority to conduct a building-wide inspection if serve violations are observed as determined by the inspector. The inspector may assess various factors to establish whether additional rental property may be reasonably impacted including, but not limited to:

(i) The extent and seriousness of the previous or current violations observed and any reasonably anticipated effect on the tenants;

(ii) The history of the rental property during the past three years, including whether the rental property has been the subject of orders issued by other agencies concerning health and safety violations or involvement in nuisance abatement actions;

(iii) The age of the rental property;

(iv) The record in the past three years of the persons or entities who own, manage, or control the rental property with respect to health or safety violations at the premises or other properties and whether the violations have been subject to enforcement action;

(v) Whether the rental property is subject to delinquent fees imposed under this chapter;

(vi) Whether there are tax defaults on the rental property;

(vii) If the rental property is master-metered then, whether there are any delinquent utility bills in excess of two months; and,

(viii) Any other criteria determined by the inspector to be indicative of the existence of health or safety violations.

5. Fees. The city council shall establish an inspection fee, the amount of which shall be set by city council resolution, to cover the city's cost incurred in inspecting a rental property unit. Units subject to inspections shall pay the inspection fee, except that a fee shall not be collected from the owner for any complaint based inspection unless the inspection reveals one or more material violations of Health and Safety Code Section 17920.10 or deems and declares the Rental Property Substandard pursuant to Health and Safety Code Section 17920.3.

(Ord. No. 25-04-782, § 2, 10-20-2025)

Should an owner fail to timely pay the annual business tax certificate, inspection fee, any cost recovery fee or administrative fine related to the enforcement of and compliance with this chapter, the amount unpaid shall become a debt to the city and may be enforced in accordance with Title 1 of this Code.

(Ord. No. 25-04-782, § 2, 10-20-2025)

If any rental property is found to be unsafe to occupy, or is unfit to occupy pursuant to Health and Safety Code Section 17920.3, or the unit is posted by the building inspector with an order not to enter or occupy as authorized by the California Code of Regulations, Title 24, or the Uniform Code for Abatement of Dangerous Buildings, the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner pursuant to applicable state and federal law.

(Ord. No. 25-04-782, § 2, 10-20-2025)

It is unlawful for an owner or the owner's authorized representative to recover possession of a rental property or take any act against a tenant, including, but not limited to, unlawful harassment in violation of Civil Code Section 1942.5 in retaliation against a tenant for exercising his or her rights pursuant to state or local law.

(Ord. No. 25-04-782, § 2, 10-20-2025)

A. To enforce the provisions of this chapter, in addition to the remedies available to the city under this chapter, the city may proceed with all remedies available under this Code to compel compliance, including, but not limited to, issuing administrative citations, abatement proceedings, civil action, civil injunction and/or criminal prosecution, or any combination of remedies.

B. Any violation of this chapter shall be considered a public nuisance and subject to abatement procedures as set forth in Title 8 of this Code. The recovery of attorneys' fees is authorized for the city's nuisance abatement efforts as provided in Section 1.20.010.H of this Code.

C. All remedies prescribed under this chapter shall be cumulative and may be used in conjunction with or in lieu or each other remedy.

(Ord. No. 25-04-782, § 2, 10-20-2025)