Tulare Municipal Code Ch. 4.80 Residential Rental Inspection

These regulations shall be known as the Residential Rental Inspection Ordinance of the City of Tulare, may be cited as such, and will be referred herein as "this code."

(Ord. 07-26, passed 12-18-2007)

The purpose of this code is to safeguard the stock of decent, safe, and sanitary rental housing units within the city and to protect persons entering, including property owners residing or owning rental units by providing for inspection of rental housing units and the common areas when certain indicators as set forth in § 4.80.050(C), show that violations of the city Housing and Building Codes and Zoning Ordinance may exist in a unit pursuant to a systemic city-wide inspection program.

(Ord. 07-26, passed 12-18-2007)

The provisions of this code shall apply to all rental housing units and to all hotel and motel units as herein defined.

(Ord. 07-26, passed 12-18-2007)

General. For the purpose of this code, certain words, phrases and terms, and their derivatives shall be construed as specified herein. Words, phrases and terms used in this code, but not specifically defined herein, shall have the meanings stated therefor in the Building Code and Housing Code of the City of Tulare with the Building Code controlling should there be a conflict. Where not defined in this code or in the Building or Housing Codes of the City of Tulare, such words, phrases and terms shall have the meaning generally prescribed by dictionary definition.

ENFORCEMENT OFFICIAL. The Building Official or his/her designee authorized to administer the provisions of this code.

HEARING OFFICER. The City Manager or his/her designee authorized to conduct hearings pursuant to this code.

HOTEL AND MOTEL. A hotel or motel of common ownership on a single parcel is any structure or group of attached or detached structures containing six or more guest rooms intended or designed to be used, or which are used, rented or leased to be occupied, or which are occupied for sleeping purposes by guests. For the purpose of this definition, COMMON OWNERSHIP shall be deemed to exist whenever a single individual or entity has any kind of ownership interest whether as an individual, partner, joint venturer, stock owner, or some other capacity.

IMMINENT HAZARD. All buildings or portions thereof which are determined after inspection by the Building Official to be unsafe, substandard, or dangerous as defined in the most currently adopted building and accessory code, including the Uniform Code for the Abatement of Dangerous Buildings, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal as specified in the building abatement ordinance.

RENTAL HOUSING UNIT.

(1) Any residential dwelling in a single structure, or in a group of attached or detached structures containing one or more such dwelling units on the same parcel of land under common ownership that:

(a) Contains one or more rooms with a single kitchen designed for living and sleeping purposes as an independent housekeeping unit, and

(b) Is occupied or intended to be occupied on a rental basis. For the purposes of this section, the following types of dwelling units or facilities are not considered rental housing units:

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

2. Accommodations in a non- profit cooperative that is owned, occupied, and controlled by a majority of the residents.

(2) For purpose of this section, common ownership shall be deemed to exist whenever a single individual or entity has any kind of ownership interest whether as an individual, partner, joint venturer, stock owner, or some other capacity.

OWNER. Any person owning rental property as shown on the last equalized assessment roll for city taxes or his/her designee.

(Ord. 07-26, passed 12-18-2007)

(A) Administration. The Building Official, or his/her designee, hereinafter known as the Enforcement Official, is authorized to administer the provisions of this code.

(B) Mandatory inspection program.

(1) The city hereby institutes a systemic code enforcement program that will ensure that residential rental units, hotels, and motels are inspected over time. The program will include mandatory inspection of all units in the city.

(2) The mandatory inspection program is part of the city’s overall effort to encourage conservation of existing rental housing units, motels and hotels and insure that any prior conditions of approval from the Planning Commission or City Council are being maintained. Owners of these types of structures will be required to maintain these units to current Housing and Building Code standards. Owners and managers shall allow for the inspection of these units. If an owner or manager refuses to permit an inspection, the Enforcement Official is authorized to procure an inspection warrant.

(3) Owners and managers are required to maintain rental units as approved by the Planning Commission through a design review or conditional use permit entitlement. All conditions or approval are to be maintained as approved by the Planning Commission unless otherwise changed by the Planning Commission.

(4) Inspection services will not be provided if eviction proceedings have been initiated.

(C) Cause for inspections. A rental housing unit, motel, or hotel shall be inspected for violations of the Building and Housing Codes or the zoning ordinance of the city as part of the mandatory inspection program or whenever information from the following sources indicates that a pertinent code violation may exist therein:

(1) Complaints from the occupant of a rental housing, motel or hotel unit that a code violation may exist;

(2) Records maintained by the Enforcement Official which were established during previous apartment inspection programs and which reflect the prior existence of code violations and/or the absence of correction of such violations;

(3) Direct referrals for inspection from other city officials with code enforcement responsibility or from officials of a federal, state, or local agency, or from officials with a public or private utility; or

(4) Reports that the exterior condition of rental housing, motel, or hotel unit reflects the existence of code violations.

(D) Notice to tenants. Owners of rental units covered under the provisions of this code shall be required to provide notice of the availability of the residential rental inspection program and its complaint procedures to each tenant upon execution of a lease or rental agreement. Such notice shall be in a form set forth by the city and made available to each owner of rental housing by the city.

(E) Retaliation. No landlord may retaliate against a tenant for exercising his or her right under this code to file a complaint with the city that a code violation may exist. In any action by or against the tenant, evidence of the exercise by the tenant of his/her right under of Cal. Civil Code § 1942.5 occurring within six months of the alleged retaliation shall create a presumption that the landlord's conduct was in retaliation for the tenant's exercise of rights under this code.

(F) Entry.

(1) Upon presentation of proper credentials, the Enforcement Official, after having obtained the consent of the owner or occupant, may enter any rental housing or motel or hotel unit at reasonable times during daylight hours to perform any inspection required by this code.

(2) Except in emergency situations the Enforcement Official shall not enter any rental housing, motel or hotel unit without the consent of the owner or occupant thereof unless an inspection warrant therefore has been obtained and issued in the manner provided by the Code of Civil Procedure of the State of California.

(G) Correction notice. Whenever the Enforcement Official determines that a rental property is being maintained in violation of one or more of the provisions of the Housing or Building Code, the Enforcement Official shall give written notice to the owner of said property stating the section(s) being violated. The notice shall set forth a reasonable time limit for the owner to correct the condition, which except in emergency situations, shall be no less than ten calendar days from the date of the notice, and which may also set forth suggested methods of correcting the violation(s). The notice shall direct the property owner either to correct the violation(s) or request an Administrative Hearing to show cause why the condition(s) does not constitute a violation(s).

(H) Administrative hearing. Any owner may file a written request with the Enforcement Official for an administrative hearing within the time limit set forth in correction notice. The purpose of an administrative hearing is to allow the owner to dispute the factual findings of the violation(s). If a hearing is requested it shall be at the time fixed for the administrative hearing, the Hearing Officer shall hear and consider all relevant evidence, objections, or protests offered on behalf of the owner which show why the condition should not be corrected. The Hearing Officer may also consider rebuttal evidence offered by the city. If, at the conclusion of the hearing, based upon the record, the Hearing Officer is satisfied that the violation exists and concludes that it should be corrected, he/she shall issue a written decision setting forth his/her finding and shall cause the same to be served upon the owner and/or the owner's representative attending the hearing. All hearings pursuant to this section, shall provide written notice to the property owner five days in advance of any such hearing. In addition, written notice may be given to any tenant by regular mail or posting at the subject site. Any notice shall give the date, time, place and reason for such a hearing.

(I) Enforcement; report to Franchise Tax Board. The Enforcement Official shall take appropriate action to cause the correction, repair, or abatement of violations that are found as a result of any inspection required by this code. In addition to employing the applicable enforcement measures that are or may hereafter be provided by law, including but not limited to the enforcement provisions of the Building Code of the city, the Housing Code of the city, and Chapter 4.44 (Abatement of Dangerous Buildings) of the Municipal Code, the Enforcement Official shall comply with the provisions of Cal. Revenue and Taxation Code §§ 17274 and 24436.5(c).

(J) Notices. The first notice informing a property owner of a mandatory inspection or the date and time of an administrative hearing shall be by certified mail, return receipt requested. All other notices shall be by first class mail or certified mail. Service will be made to the owner's address as it appears on the last equalized assessment roll or as known to the Enforcement Official. Service shall be deemed complete at the time notice is personally served, transmitted or deposited in the mail. The failure of any person to receive notice properly given shall not affect the validity of any proceedings hereunder.

(Ord. 07-26, passed 12-18-2007)

The annual fees and penalty charges for any inspection or re-inspection performed pursuant to the provisions of this code shall be established from time to time by resolution of the City Council. Payment of such fees shall be made by owner of the rental housing, hotel or motel unit upon demand by the city.

(Ord. 07-26, passed 12-18-2007)

(A) Report on fees/penalty charges. The Enforcement Official shall keep an itemized account of the fees and penalty charges incurred in administering the provisions of this code and submit a billing therefor to the owner of the rental housing, motel, or hotel unit as the owner's name and address appear on the last equalized assessment roll of Tulare County or as is known to the Enforcement Official. Once a year the Enforcement Official shall prepare and file with the City Clerk, a report specifying the date and nature of the inspections performed, the amount of unpaid program and other fees and penalty charges imposed in the prior year, and the names and addresses of the owner of the rental housing , hotel or motel unit, and any mortgagee or beneficiary under a deed of trust to the property, as such names and addresses appear on the last equalized assessment roll of Tulare County or as known to the Enforcement Official.

(B) Notice of hearing on report. Upon receipt of the report of the Enforcement Official the City Clerk shall fix a time, date, and place for hearing the report and any protests or objections thereto. The City Clerk shall cause notice of the hearing to be published once in a newspaper of general circulation in the city, and served by mail, postage prepaid, addressed to the owner of the property as the owner's name and address appear on the last equalized assessment roll of Tulare County, if such so appear, or as known to the City Clerk. Notice shall also be given by mail to any other person noted in the report as the name and address of such person appears on the last equalized assessment roll of Tulare County, if such so appear or as known to the City Clerk. Such notice shall be given at least ten days prior to the date set for hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the Enforcement Official's report, together with any objections or protests which may be filed by any person interested in or affected by the proposed fee.

(C) Hearing on report. At the time and place of said hearing, the City Council shall hear and pass upon the report of the Enforcement Official together with any objections or protests hereto. The Council may make such revision, correction, or modification in the report or the fees charged as it may deem just; and when the Council is satisfied with the correctness of the fees charged, the report (as submitted or as revised, corrected, or modified) together with the fees charged shall be confirmed or rejected. The decision of the City Council on the report and the fees charged, and on all protests or objections, shall be final and conclusive.

(D) Collection on tax roll.

(1) After confirmation of the fees charged, the same shall become a special assessment against the property affected.

(2) A copy of the assessment shall be given to the City Finance Director, who may receive payment thereon until a list of unpaid assessments shall have been sent annually to the County Auditor for effecting collection on the tax roll at the time and in the manner of ordinary municipal taxes. The descriptions of the property reported shall be those used for the same property on the County Assessor's map books for the current year. All laws and ordinances applicable to the levy, collection, and enforcement of city taxes are hereby made applicable to the assessment hereby imposed, and the lien of said assessment shall have priority of the taxes with which it is collected.

(E) Annual report of enforcement official. The Enforcement Official shall prepare a report each year concerning the administration of this code. The annual report shall describe the number of units inspected, whether the inspection was mandatory or complaint generated, the nature of violations observed, enforcement measures taken, and the status of all billings for fees that have been made. The Enforcement Official shall submit the annual report to the City Manager each calendar year at such a time that it may be submitted to the City Council with the proposed city budget for the following fiscal year.

(Ord. 07-26, passed 12-18-2007)