Victorville Municipal Code Art. 15 Commercial Rental Property Inspection Requirements

The purpose of this Article is to identify developed Commercial Rental Properties within the City and to enhance the quality of life for residents, consumers, and local businesses. These licensing requirements are intended to require all Commercial Rental Property Owners to consistently meet applicable code requirements, including those in this Title 16 ("Development Code") relating to property maintenance within shopping center properties or business parks containing one or more Commercial Buildings; to maintain clean, secure, and well-kept exterior areas; and to ensure that tenants of Commercial Rental Property also comply with such applicable code requirements. These licensing requirements seek to ensure that Commercial Rental Properties do not create public nuisances that may be detrimental to the public health, safety, or welfare of the community.

(Ord. No. 2466, § 6, 4-7-26)

(a) The provisions of this Article shall apply to all Commercial Rental Property within the City, together with the exterior of Commercial Buildings located on such Commercial Rental Property and the premises surrounding such Commercial Buildings, including but not limited to: all landscape areas, parking lots, primary and accessory structures, grease interceptors, signage, trash enclosures, and fences and walls.

(b) The provisions of this Article are supplementary and complementary to other provisions of Applicable Law, as that term is hereinafter defined. Nothing in this Article shall be construed to limit any existing right of the City to abate nuisances or to enforce any provisions of such Applicable Law.

(Ord. No. 2466, § 6, 4-7-26)

For the purpose of this Article, unless otherwise apparent from their context, certain words and phrases used in this Article shall have the meanings hereinafter designated. The definitions in this Section are intended to define the terms used in this Article in relation to the rental inspection requirements.

(a) "Applicable Law" means this Development Code, including without limitation the International Property Maintenance Codes adopted by reference therein; all other titles of the Victorville Municipal Code; and any other applicable statutes, laws, regulations, or codes enforceable by the City relating to buildings, land use, nuisance, and property maintenance.

(b) "City Manager" means and includes the City Manager of the City of Victorville and/or his/her authorized designee(s).

(c) "Commercial Buildings" means structures that are primarily used for business and entrepreneurial or commerce activities rather than for residential or dwelling purposes, including without limitation structures used for retail, office space, manufacturing, industrial, warehouse, medical, services, or hospitality uses. "Commercial Buildings" include nonconforming residential structures such as those located in commercial zones which have been converted to businesses.

(d) "Commercial Rental Business License" means the City business license issued to a Property Owner after a Commercial Rental Property has successfully passed a Commercial Rental Property inspection performed by City enforcement personnel and is in compliance with all other Applicable Laws, including payment of all applicable fees.

(e) "Commercial Rental Property" or "Commercial Rental Properties" means real property and any Commercial Buildings located thereon that is leased or rented out to, or is intended to be leased or rented out to businesses, individuals, or organizations for commercial purposes, either for profit or not, including but not limited to: retail, office space, manufacturing, warehouse, industrial, medical, professional, or other, services, and hospitality uses. For purposes of this Article, the following are not considered Commercial Rental Property:

(1) Conventional hotels or motels.

(2) Agricultural Land.

(3) Any government-owned developed or undeveloped property or building.

(4) Vacant undeveloped land.

(5) Conforming residential structures on property in residential zones.

(6) Mobile Home Parks.

(f) "Commercial Tenant" or "Tenant" means any person who occupies a Commercial Building on a Commercial Rental Property, whether as a tenant, licensee, or permittee of the Owner.

(g) "Local Authorized Representative" means a person, agent, property management company, or other individual or entity who has the legal authority to act upon the Property Owner's behalf with respect to a Commercial Rental Property and whose residence or place of business is located not greater than eighty-five (85) miles by road from the Commercial Rental Properties for which the Property Owner has given such representative the legal authority to act.

(h) "Owner" or "Property Owner" means any person having legal title to Commercial Rental Property, including all individuals, business entities, partners, joint venturers, or stock owners of the Commercial Rental Property who are shown as owners on the last equalized assessment roll of the San Bernardino County Assessor's Office. If more than one person or an entity owns the Commercial Rental Property, the terms "Owner" or "Property Owner" refer to each person or entity holding any kind of ownership interest in the Commercial Rental Property, and the obligations imposed upon Property Owners by this Article are joint and several as to each Property Owner.

(Ord. No. 2466, § 6, 4-7-26)

For purposes of this Article, if a property tax bill, water, sanitation, or other utility bill for a commercial property is mailed to an address other than that of the property itself, there shall be a rebuttable presumption that the property is a Commercial Rental Property. This presumption can be rebutted if the owner of record provides reasonable documentation to the City substantiating that the commercial property is solely owner occupied, including proof of an active City business license issued solely to the owner of the commercial property.

(Ord. No. 2466, § 6, 4-7-26)

(a) Every Owner of a Commercial Rental Property shall be required to obtain from the City a Commercial Rental Business License for each Commercial Rental Property. A Commercial Rental Business License shall be issued only after the Commercial Rental Property has passed an initial inspection as provided for in Section 16-6.15.070 of this Article, and the Property Owner has complied with all other Applicable Law, including the payment of fees.

(b) The annual regulatory Commercial Rental Business License fee will be set from time to time by City Council resolution in an amount not to exceed the reasonable regulatory costs of conducting the property inspections required by this Article.

(c) The Commercial Rental Business License shall not be transferable upon a change of property ownership. Upon property ownership change, the Commercial Rental Business License issued to the prior property owner shall be null and void and such Commercial Rental Business License file shall be closed.

(d) Once issued, a Commercial Rental Business License is subject to annual renewal thereafter, provided business license renewal fees are paid and the Commercial Rental Property passes an annual renewal inspection. A Rental Business License must be renewed timely, as the Rental Business License file will be closed ninety (90) days after the license expiration date.

(Ord. No. 2466, § 6, 4-7-26)

(a) All Owners of Commercial Rental Property may designate a Local Authorized Representative with full authority to act on behalf of the owner for all purposes under this Article, 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 email address. A Local Authorized Representative shall be accessible to the City through the provided telephone number between the hours of 7 a.m. and 6 p.m., seven (7) days a week.

(Ord. No. 2466, § 6, 4-7-26)

(a) All Commercial Rental Property located in the City shall be subject to an initial inspection upon submittal of a Commercial Rental Business License application to the City, and an annual inspection upon renewal of said license thereafter. These inspections are conducted by the City Manager for the purpose of verifying that Commercial Rental Properties are maintained in accordance with their approved site plans and are in compliance with all Applicable Law.

(b) The Property Owner, Tenant, or Local Authorized Representative need not be present during any inspections required by this Article, so long as the areas to be inspected can be viewed from the public right of way. Should any inspections require the City to enter a Commercial Rental Property, if agreed upon between the City and the Property Owner or Local Authorized Representative, neither the Property Owner, Tenant, nor the Local Authorized Representative need be present during any such inspection(s), provided that the areas to be inspected are made accessible to the City. Such agreement shall be made in writing upon the submittal of an initial Commercial Rental Business License application or upon renewal thereof.

(c) The City Manager shall conduct an exterior site inspection of each Commercial Rental Property prior to the initial issuance of a Commercial Rental Business License and prior to the annual issuance of a renewal of such license. The scope of the inspection shall include, but is not limited to:

(1) Exterior property maintenance including parking lots, trash receptacles, shopping cart containment, signs and sign monuments, and site cleanliness;

(2) Landscape maintenance in accordance with this Development Code;

(3) Land use such as off-street parking requirements, storage of inoperative vehicles and accessory structure and uses related to unpermitted business; and

(4) Maintenance and upkeep of the primary structure such as windows, paint/stucco, weather protection, roof and other architectural features and accessory structures.

(d) Commercial Rental Business License Initial Application Inspections. A Commercial Rental Property for which an Owner has submitted an initial Rental Business License application shall undergo one initial compliance inspection conducted within thirty (30) days after the submittal of a Commercial Rental Business License application, and one compliance re-inspection to be conducted no sooner than thirty (30) days after a failed initial compliance inspection. Any violation found after the compliance re-inspection shall be subject to the penalties and enforcement provisions of Section 16-6.01.100 of this Development Code.

(e) Commercial Rental Business License Annual Renewal Inspections. A Commercial Rental Property for which an Owner is seeking renewal of the Commercial Rental Business License shall undergo one compliance inspection conducted within thirty (30) days prior to the business license expiration, and one compliance re-inspection to be conducted no sooner than thirty (30) days after a failed annual renewal inspection. Any violation found after the compliance re-inspection shall be subject to the penalties and enforcement provisions in Section 16-6.01.100 of this Development Code.

(f) Notice of Annual Commercial Rental Business License Renewal Inspection.

(1) At least thirty (30) days prior to the expiration of a Commercial Rental Business License, the Development Department will mail a license renewal notice and an exterior inspection checklist to the Property Owner and the Local Authorized Representative (if any) notifying the Property Owner of the following:

(i) The Property Owner's requirement to renew the annual Commercial Rental Business License; and

(ii) Notice that the City Manager will inspect the exterior area of the Commercial Rental Property within thirty (30) days from the date of the Rental Business License renewal notice.

(2) Said notice will be mailed by first class mail to the Owner at the Owner's last known address as it appears in the City's business license records. In the case of multiple Owners of the same Commercial Rental Property, notice to any one of the Property Owners shall be deemed sufficient notice.

(3) In those cases when entry upon a Commercial Rental Property is required to conduct an exterior inspection, should an Owner, a Local Authorized Representative, or Tenant in possession of the Commercial Rental Property refuse to allow such access, the City Manager, the City Code Enforcement Official or his/her designee, and the City Attorney may use all legal remedies to ensure that an inspection is conducted as required by this Article.

(4) In those cases when entry upon a Commercial Rental Property is required to conduct an exterior inspection, if the City is unable to obtain the consent of the Owner, the Local Authorized Representative (if any), or the Tenant, the City shall withhold the Owner's Commercial Rental Business License until the inspection is conducted.

(g) After completion of the initial Commercial Rental Business License application inspection or the annual Commercial Rental Business License renewal inspection, if the Commercial Rental Property fails the inspection due to having violation(s) on the property, the City shall send a written report to the Owner or the Local Authorized Representative (if any) by mail. The report shall contain:

(1) An itemization of any violation(s) of Applicable Law identified during the inspection;

(2) The period of time given for correcting each of the identified violations;

(3) Notice that the City will re-inspect the Commercial Rental Property at the end of the period of time for correction; and

(4) A statement indicating that if the violations identified in the report are found by the City Manager during the Commercial Rental Property re-inspection to not have been corrected, the City will not issue the Commercial Rental Business License and may pursue any available legal remedies, including but not limited to, those provided under Section 16-6.01.100 of this Development Code to abate said violations.

(h) After completion of a failed initial Commercial Rental Business License application re- inspection, or a failed annual renewal Rental Business License re-inspection, a report listing the violations shall be provided to the Property Owner and the Tenant, which report shall reflect the failed re-inspection, and the matter shall be remedied in accordance with Section 16-6.01.100.

(i) If no violations are found following an initial or annual renewal inspection or re-inspection, the report shall so state, and the City shall issue the Commercial Rental Business License to the Owner. All inspection reports shall be available as a public record upon request.

(Ord. No. 2466, § 6, 4-7-26)

(a) If the residence or place of business of an Owner of a Commercial Rental Property is located more than eighty-five (85) miles by road from said Commercial Rental Property, such Owner must retain a Local Authorized Representative licensed to do business in the City to inspect the Commercial Rental Property on a monthly basis to determine if the property is in compliance with the requirements of this Article. If the Local Authorized Representative determines the property is not in compliance with this Article or any other Applicable Law, it is the Local Authorized Representative's duty to notify the Property Owner and bring, or cause the Property Owner to bring, the property into compliance.

(b) The Property Owner or the Local Authorized Representative shall further correct or cause the abatement of any unlawful condition existing on a Commercial Rental Property upon receiving a notice of violation from the City. Nothing in this Article relieves the Property Owner from the need to obtain approvals, permits, and/or licenses as otherwise required by Applicable Law.

(Ord. No. 2466, § 6, 4-7-26)

(a) Whenever the City Manager determines that a violation of this Article exists, a Code Enforcement Officer shall issue a written notice of violation in the form of a Commercial Rental Property inspection report and provide an order to correct the violation(s) located at the Commercial Rental Property. The notice shall be provided: (1) by mail to the Owner or Local Authorized Representative (if any), and (2) either by mail or hand delivery to the Tenant, or by posting said notice on the front door of the Commercial Building occupied by the Tenant. Said notice shall specify and describe with reasonable detail each violation so that the Property Owner has the opportunity to identify and correct all violations specified. Any person who fails to comply with any provisions of this Article after receiving written notice of the violation(s) and has been given a minimum of thirty (30) days to correct such violation(s) shall be deemed to be in violation of this Article.

(b) A violation of this Article shall be enforced in accordance with Section 16-6.01.100 of this Development Code. The Development Department may also take action to suspend or revoke the Commercial Rental Business License issued to the Property Owner if the Property Owner has failed to correct any or all violations.

(c) Any Commercial Rental Property which has been subjected to enforcement actions under Section 16-6.01.100 of this Development Code and which remains out of compliance with Applicable Law shall be considered a public nuisance and subject to the abatement procedures set forth in Chapter 6, Article 4 of this Development Code.

(Ord. No. 2466, § 6, 4-7-26)

Nothing contained in this Article shall prevent or restrict the City's authority to inspect any Commercial Rental Property in response to a complaint alleging violations of Applicable Law, or to pursue any remedies available under such Applicable Law.

(Ord. No. 2466, § 6, 4-7-26)

Should a Commercial Rental Property Owner fail to timely pay the annual Commercial Rental Business License fee, any cost recovery fee, or administrative fine related to the enforcement of and compliance with this Article, such unpaid fees or fines shall constitute a debt to the City, enforceable in accordance with Section 16-7.05.080 of this Development Code.

(Ord. No. 2466, § 6, 4-7-26)