Visalia Municipal Code Ch. 15.44 Housing Standards

It is unlawful for any person, firm or corporation to maintain property, including structures, in a condition detrimental to public health, safety and general welfare; or in a condition of deterioration or disrepair which could cause damage to proximal properties or improvements. (Prior code § 7918)

Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have their respective meanings assigned to them in the following definitions:

"Abate" means to repair or replace, remove, destroy or otherwise remedy the condition in question by such means and in such manner and to such an extent as the enforcement officer deems necessary to conform with state housing law, or this chapter if applicable, as is necessary in the interest of the general health, safety and welfare of the community.

"Abatement standards" means those minimum requirements set forth in the state housing law and the standards set forth herein by which property shall be abated and maintained in order to comply with said laws.

"Displaced" means a tenant is displaced, or ordered to move out of a rental complex by an order to vacate.

"Enforcement officer" means the city planner of the city and shall include any official or officials in the department duly appointed by said city planner or the city manager to administer the provisions of this chapter.

"Housing quality standards" means the existence of any buildings or structures which are structurally unsafe or which constitute a fire hazard or which otherwise adversely affect the health, safety or well being of a human life, or which in relation to existing use constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire or disaster damage, rodent infestation, or abandonment, as defined in Section 17920.3 of the California Health and Safety Code.

"Notice and order to vacate" means a written notice sent by an authorized city official to the owner and posted on the affected property declaring that, due to failure to repair or maintain, the individual dwelling unit or rental complex shall be vacated.

"Owner" means the owner of the rental unit(s) at the time an order to vacate is issued, as shown on the last equalized assessment roll, and any successor in interest.

"Premises" means any apartment houses, hotels, motels, and dwellings, and buildings and structures accessory thereto. This shall also include mobile and manufactured homes.

"Public nuisance" means any of the following conditions:

1. Maintaining premises as to permit the same to become unsightly or in such condition of deterioration or disrepair that the condition causes damage to proximal properties or improvements; or

2. The existence of any garbage, rubbish or waste materials upon any premises contrary to the provisions of Chapter 8.28 pertaining to health and sanitation; or

3. The existence of any buildings which are abandoned or boarded up or partially destroyed; or broken down or discarded furniture, equipment, waste materials, toys or other debris in front yards; including automobiles which are parked in areas other than areas specifically designed for use as driveways; or any illegally parked, inoperative or abandoned vehicles as defined in Chapter 10.32 of the Visalia Municipal Code; or overgrown vegetation visible to the public; or garbage cans strewn over the yards and visible from the street; or unfinished buildings not under active construction; or dead trees, weed and debris; or packing boxes stored in yards and visible to the public; or deliberate neglect of premises to spite neighbors or influence zone changes; or

4. Any condition as defined in the Uniform Housing Code, Chapter 4, Definitions for Nuisance, or any condition as defined in the Uniform Code for the Abatement of Dangerous Buildings, Chapter 3, Definitions for Dangerous Buildings or any drug-related nuisance as defined in Section 15.44.250 of this Chapter.

Nothing contained in the definitions above shall be construed to be in conflict with the State Housing Law, Health and Safety Code, Section 17910 et seq.

5. Any other activity defined as a public nuisance in the Visalia Municipal Code and the abatement of which by this chapter is not specifically preempted by state law.

"Responsible person" means the owner of any premises and/or any agent, lessee or other person occupying or having charge or control of the same.

"Tenant" means any resident of an affected rental unit who is a tenant as that term is used in Chapter 2 of Title 5 of Part 4 of the California Civil Code (1940, et. seq.).

"Vacate date" means the date by which a tenant is required to vacate a unit or structure, pursuant to an order to vacate. (Ord. 9605 § 31 (part), 1996: prior code § 7919)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the city planner, or designee (hereinafter referred to as "city planner" or "enforcement officer"). In the enforcement of this chapter, the city planner or designee may enter upon private or public property to examine such properties and to abate or cause the abatement of properties or premises declared to be a nuisance pursuant to the provisions of the chapter. (Ord. 9605 § 31 (part), 1996: prior code § 7920)

A. All premises declared to be public nuisances shall be abated by rehabilitation, demolition, removal or repair, pursuant to the procedures set forth in this code.

B. With the exception of substandard buildings, as defined in Health and Safety Code Section 17920.3, which are subject to the abatement actions provided for under Health and Safety Code Sections 17980 through 17990, whenever an enforcement officer shall determine that any conditions constituting a public nuisance as defined in Section 15.44.030 of this code exist upon any premises within the city, the enforcement officer may require or provide for the abatement thereof pursuant to this chapter and may make the cost of such abatement a lien on the real property or premises in question. Such cost may include relocation cost, associated with tenant(s) being vacated; administrative costs for overseeing the abatement; inspection fees; storage cost of items being removed from the premises; and other costs directly or indirectly associated with the cost of abatement of the conditions constituting a public nuisance. (Prior code § 7921)

A. The enforcement officer is authorized and directed to declare, through an administrative enforcement order issued pursuant to Chapter 1.13 of this Municipal Code or through such other process as may be authorized by law, that the existence of any of the conditions set forth in Section 15.44.010 or in the definition of “Public Nuisance” contained in Section 15.44.020 constitute a public nuisance and direct the responsible person to abate any such conditions set forth in Section 15.44.010 which may exist on said person's property at his or her expense. The responsible person may appear before the enforcement officer for a hearing at an arranged time and place to show cause why such conditions should not be abated by the city at such person's expense.

B. Notice of an administrative enforcement order issued pursuant to this Chapter shall be made in the time and in the manner as set forth in Chapter 1.13 of the Municipal Code. Such notice shall, in addition those elements set forth in Section 1.13.060 (B) of this Municipal Code, include the following:

NOTICE IS HEREBY GIVEN, that on the (date) pursuant to Section 15.44.010 of the Municipal Code of the City of Visalia, the City Planner and/or Enforcement Officer of the City of Visalia declares that the following conditions exist on said property which are in violation of Section 15.44.010 of the Municipal Code. Said conditions constitute a public nuisance and such nuisance must be abated by the repair, rehabilitation, demolition or removal of said conditions within thirty (30) days of the date first noted above:

Conditions to be Abated in Violation of Section 15.44.010:

Restructure, repair or removal of said conditions must becompleted and maintained by the day of , as approved by the enforcement officer.

Failure to abate said conditions by the date specified above shallresult in the City acquiring jurisdiction to abate the conditions at the owner's expense pursuant to Section 15.44.050 of the Visalia Municipal Code and additional administrative penalties may be incurred.

All property owners or responsible persons who wish to object to the proposed abatement of the conditions cited in this notice are hereby notified that they have the right to attend an appeal hearing as set forth elsewhere herein.

Any costs incurred for such abatement, including but not limited to relocation of displaced tenants, storage of materials and supplies, attorney's fees, inspection fees, administrative costs, and other related costs, will constitute a special assessment on the property. The cost of abating such nuisance shall include a per parcel charge to cover the costs of administering this Article. MUNICIPAL CODE SECTION 15.44.110 PROVIDES THAT AFTER THE ASSESSMENT IS MADE AND CONFIRMED; IT IS A LIEN ON THE PROPERTY.

Any property owner, or other responsible person, who, after notification by the Enforcement Officer, fails to abate a condition as set forth in Section 15.44.030 shall become liable for the expenses of persons involved in the abatement of said nuisance, including injury to City employees or contractors for work performed which is determined to have been caused by or attributed to said conditions. This shall also include necessary police assistance in the abatement of said nuisances. Such expenses shall become a lien on the property.

THE FAILURE OF ANY OWNER OR OTHER PERSON TO RECEIVE THIS NOTICE SHALL NOT AFFECT THE ENFORCEMENT OF THIS ORDINANCE.

C. A notice containing the above provisions shall satisfy the requirements of Municipal Code Section 15.44.060.

(Ord. 2008-15 § 3, 2008; Ord. 9605 § 31 (part), 1996: prior code § 7922)

Any determination made by the enforcement officer that a person is in violation of Health and Safety Code Section 17920.3 shall receive the notices required and the hearings provided for under Title 25, California Code of Regulations Section 54, 58, 60, 62, 64, 66, 68 and 70 of said Code, as amended. (Prior code § 7923)

The administrative enforcement officer’s determination as set forth in an administrative enforcement order issued pursuant to Municipal Code Section 15.44.050 and Section 1.13.060 of the Municipal Code shall be subject to appeal only as provided in Chapter 1.13. (Ord. 2008-15 §4, 2008; Ord. 9605 § 31 (part), 1996: prior code § 7924)

Upon the expiration of the time period set forth in the notice to property owners pursuant to Section 15.44.060, the city shall acquire jurisdiction to abate any such condition constituting a nuisance pursuant to Section 15.44.030 which has not been abated by the property owner in question or which has been deemed to constitute a nuisance in the course of the hearing process set forth above. Whenever the city has acquired jurisdiction to abate such a nuisance, the enforcement officer or his/her designee is expressly authorized to enter upon private property for purposes of abating such conditions and the cost thereof shall be charged to the owner and/or other responsible person. Any property owner or responsible person shall have the right to abate said condition or have the same abated at their own expense; provided, such condition has been abated prior to the arrival of the enforcement officer or his/her authorized representative. (Prior code § 7925)

The enforcement officer shall keep an account of the cost of abating such nuisance and shall embody such account in the report and assessment list which shall be filed with the city clerk and presented to the city council. The allowable cost of abating such nuisance shall include a charge sufficient to cover the costs of administering this chapter. The report and assessment list shall refer to each separate lot or parcel of land by description sufficient to be assessed against each such separate lot or parcel. (Prior code § 7926)

The city clerk shall post a copy of such report and assessment list at city hall together with the notice of filing thereof and of the time and place when and where it will be submitted to the city council for hearing and confirmation. Said notice shall advise property owners that they may appear at the time and place of hearing and object to any matter related thereto. A like notice shall also be mailed to each and every property owner and/or other responsible person who owns or has control of any lot or parcel listed on said report. The notice shall be sent by first class mail to the property owner at the address appearing on the last equalized assessment roll of the county of Tulare or to the last address known to the enforcement officer. Notice shall be sent by first class mail to any other such responsible person at such person's last address known to the enforcement officer. (Prior code § 7927)

After confirmation of the report and assessment list by the city council, a copy shall be provided to the city finance officer and payments may be received by him/her for the amount due until such time as the matter is referred to the county auditor for placement on the tax rolls. On or before the 10th day of August of each year, a certified copy of the confirmed report shall be filed with the Tulare County Auditor for the amounts of the respective assessments against the respective parcels of land as they appear on the roll at the same time and in the same manner as municipal taxes. They shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for property taxes. All laws and ordinances applicable to the levy collection and enforcement of city taxes are made applicable to such special assessments, and the lien of said assessment shall have priority of the taxes with which it is collected. (Prior code § 7928)

The procedure provided in this chapter shall be cumulative and in addition to any other procedure or procedures provided in ordinances of this city or by state law for the abatement of any of the conditions described herein, including, summary abatement as provided for under Government Code Section 38773. An abatement hereunder shall not prejudice or affect any other action, civil or criminal, for maintenance of any such condition. (Prior code § 7929)

Upon entry of a second or subsequent civil or criminal judgment within a two year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter, excepting conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the cost of the abatement. (Prior code § 7930)

When the enforcement officer has contracted with any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of said public nuisance pursuant to this chapter. (Prior code § 7931)

Whenever any condition on or use of property or premises causes or constitutes or reasonably appears to constitute imminent or immediate danger to the health or safety of the public or persons, the enforcement officer or his/her authorized representative shall have the authority to summarily and without notice abate the same. The expenses of such abatement shall become a lien upon the property and be collectible as provided in Sections 15.44.110 through 15.44.130 inclusive. (Prior code § 7932)

A. Right to inspect. The enforcement officer shall have the right to inspect properties pursuant to this code and other applicable laws. Such inspection shall be performed to secure compliance with or prevent the violation of this code or other uniform codes adopted thereunder. Such inspection may be made in the following circumstances:

1. The enforcement officer may inspect a residential unit upon receiving a complaint regarding public nuisance, substandard building conditions, or the management quality standards as specified in this code, from any person upon the premises, who has viewed the property or who has reason to believe that such conditions exist;

2. The enforcement officer may inspect a property which he/she reasonably believes fails to meet the requirements of this code or other uniform codes adopted hereunder. In addition, if the enforcement officer identifies a property as habitually non- compliant, meaning more than one notice of public nuisance being sent to it in a two-year period, then the enforcement officer may order mandatory annual inspections for three years as a condition in addition to abatement of the nuisance. The property owner or responsible person shall have the right to object to the mandatory inspections along with the proposed abatement through the appeal procedures listed in this Chapter. If the property owner is required to allow mandatory inspections, then the property owner may subsequently request in writing that the code enforcement officer determine that the mandatory inspection condition may be removed due to substantial changes in property. Substantial changes in the property include, but are not limited to, showing the property has been sold for valid consideration, demolished, or substantially renovated. The code enforcement officer’s determination regarding substantial changes shall be considered an administrative enforcement order subject to appeal as provided in Chapter 1.13 of the Municipal Code. If the property owner is not required to abate the nuisance, no mandatory inspections may be ordered;

3. The owner, after failing to abate nuisance(s) as defined in this chapter, shall be subject to required annual inspections for a three year period for the subject property.

4. If a rental or owner-occupied structure receives a notice identifying a public nuisance that qualifies as a structural hazard posing a danger to human health or safety, then the code enforcement officer may require the subject property be subject to annual inspections for a three-year period as a condition in addition to nuisance abatement. Examples of such structural hazards include those items described in California Health & Safety Code Section 17920.3(b), raw sewage, exposed wiring, no smoke detectors, no legitimate source of heat, or other similar types of public nuisances. The property owner or responsible person shall have the right to object to the mandatory inspections along with the proposed abatement through the appeal procedures described in this Chapter. If the property owner is required to allow mandatory inspections, then the property owner may subsequently request in writing that the code enforcement officer determine that the mandatory inspection condition may be removed due to substantial changes in property. Substantial changes in the property include, but are not limited to, showing the property has been sold for valid consideration, demolished, or substantially renovated. The code enforcement officer’s determination regarding substantial changes shall be considered an administrative enforcement order subject to appeal as provided in Chapter 1.13 of the Municipal Code. If the property owner is not required to abate the nuisance, then no mandatory inspections may be ordered;

B. Reimbursement Of Inspection Costs. Costs of inspections pursuant to this chapter shall be determined pursuant to Section 15.44.100 of this chapter, and unless otherwise provided, shall be paid by the owner of the residential unit. Provided, that costs of inspections initiated by tenant complaint shall be paid by the tenant, unless the enforcement officer determines that the public nuisance or a substandard building exists pursuant to the state housing law justifying the complaint exists, in which case the cost shall be paid by the owner.

C. Management Quality Standards. The following items shall constitute reasonable basis for the enforcement officer to believe that a property is not being properly managed or maintained. The existence of any of these circumstances shall justify an inspection of the property by the enforcement officer. In addition, violation of these standards may be used as evidence that a public nuisance exists.

1. For an individual residential unit, whether the unit is a standalone residence or part of a multi-family complex; more than six police and/or fire calls over a one year period (other than a medical emergency);

2. For a complex or building containing multiple residential units, more than a monthly average of .20 police and/or fire calls per unit over a six month period (other than a medical emergency);

3. Any violation of this chapter or the continued presence of graffiti for more than a two week period;

4. Any determination by the health officer that a pest vector is present;

5. Any violation of the Uniform Building Code or Uniform Housing Code relating to maximum occupancy or health and safety standards.

(Ord. 2011-03 § 3, 2011; Ord. 2008-15 § 5, 2008; prior code § 7933)

If a substandard condition is found during any inspection of a residential unit, the enforcement officer may issue a notice and/or order to vacate pursuant to the Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, or the city of Visalia Municipal Code. Appeals from any notice issued may be made as provided in said codes. (Prior code § 7934)

A. If any notice and order issued under said codes requires the displacement of a tenant from a rental unit, that tenant shall be paid relocation benefits by the owner of the rental unit as provided by this chapter.

B. Relocation benefits shall be payable thirty (30) days after the date the notice and order is first mailed to the owner or posted on the premises or shall be payable within twenty-four (24) hours before the vacation date, whichever is later. The city shall provide written notice to the owner to notify the owner that benefits are payable immediately. Failure to provide the notice as specified herein shall not relieve the owner of any obligations imposed by this chapter.

C. The relocation benefits shall be a sum equal to three times the established monthly rental rate for the dwelling unit being vacated by the displaced tenant. The relocation benefits shall be paid in addition to the return, as required by law, of any deposit held by the owner. Relocation benefits shall also include any costs for security deposits, utility connection fees, and reasonable moving expenses. Any owner who does not make timely payment as specified in this section shall be liable to the tenant for an amount equal to one and one-half times the relocation benefits payable pursuant to this section. For those units abated with federal funds, relocation benefits shall be paid according to federal regulations, and owner shall be responsible for such costs.

D. No relocation benefits shall be payable by the owner to any tenant who has caused or substantially contributed to the condition giving rise to the order to vacate as determined by the enforcement officer. No relocation benefits shall be payable by the owner if the residential unit became unsafe or hazardous during the tenancy (and no more than six months prior to the order to vacate) as a result of earthquake, flood, fire, or other disaster not caused by building, plumbing, electrical, mechanical or fire code violations. (Prior code § 7935)

The remedies hereunder are cumulative and in addition to any other remedies available under law. (Prior code § 7936)

In any action brought by a tenant or the city to recover benefits payable hereunder, the court shall also award reasonable attorney fees. (Prior code § 7937)

Any order to vacate issued to an owner or tenant shall be accompanied by a summary of the provisions of this chapter. Failure to provide a summary shall not relieve any person of the obligations imposed by this chapter. (Prior code § 7938)

The provisions of this chapter shall not apply to property owned by the city, the Visalia Redevelopment Agency, the county of Tulare, the state of California or any other governmental agency. (Prior code § 7939)

Notwithstanding any provision of law, nothing in this chapter is intended to impose a mandatory duty pursuant to Government Code Section 815.6 upon the enforcement officer or any other public official. (Prior code § 7940)

A. Definitions. For the purposes of this section, the following definitions shall apply:

1. "Controlled substance" means a drug, substance, or immediate precursor, as listed in the Uniform Controlled Substance Act, Health and Safety Code Section 11054, et. seq., as that Act now exists or as it may hereafter be amended.

2. "Drug-related nuisance" means the holding, maintenance or use of a residential unit for the purpose of unlawfully selling, serving, storing, keeping, manufacturing, or giving away any controlled substance and/or the possession of items used for the purpose of weighing, packaging, cutting or diluting any controlled substance.

3. "Drug-related use" means any use of a controlled substance in a residential unit.

4. "Illegal drug dealing activity" means any possession for sale, any sale, storage, possession, or manufacturing of a controlled substance from or in a residential unit.

5. "Landlord" means an owner, lessor, or sublessor (including any person, firm, corporation, partnership, or other entity) who receives or is entitled to receive rent for the use of any rental unit, or the agent, representative or successor of any of the foregoing.

6. "Rental unit" means any dwelling, apartment, dwelling unit, or room, including but not limited to, any single-family residence, duplex, apartment complex, residential hotel and condominium for which rent is paid. This term shall also include mobile and manufactured homes whether rent is paid for the home and the land upon which the home is located, or the rent is paid for the land alone.

7. "Tenant" means a tenant, subtenant, lessee, sublessee, any person entitled to use or occupancy of a rental unit, or any other person who is using or occupying a rental unit.

B. Prohibition. A landlord shall not knowingly cause or permit any rental unit to be used or maintained for any drug-related use, illegal drug dealing activity, or drug-related nuisance.

C. Notice of Violation.

1. If the police chief determines that a rental unit is being used or maintained in violation of this section, he/she may order the landlord to comply with said section. The order shall be presented to the landlord either by personal service or by a letter sent certified mail with a return receipt requested. The order shall contain as enclosures sufficient documentation to establish that the premises are being used or maintained for any drug-related use, illegal drug activity or drug-related nuisance.

2. Nothing in this chapter shall be interpreted as authorizing the release of documentation which would violate an individual's rights to privacy or any other applicable provision of law that precludes the release of confidential records. Nothing in this chapter shall authorize a search of any rental unit or seizure of any property by a landlord under color of authority of the city or any employee or official thereof.

D. Failure to Comply with Notice of Violation. A landlord shall in good faith comply with the notice prescribed by this section. If the landlord fails to comply with the notice, then the police chief may take any lawful action to enforce this section. Good faith compliance may be shown by the landlord's obtaining the voluntary surrender of the premises by the tenant; or the landlord's commencement and prosecution of unlawful detainer proceedings; or the landlord's demonstration in writing to the satisfaction of the city attorney that commencement of unlawful detainer proceedings is not supported by the evidence received by the city and by the landlord, taken as a whole.

E. Public Nuisance. In addition to any other remedy provided by this chapter or in law, a violation of this section shall constitute a public nuisance which may be abated by civil action.

F. Construction. Nothing contained in this chapter shall be construed or interpreted in such a way as to create a principal-agent relationship between the city and the landlord.

G. Severability. If any section, sentence, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. It is declared that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared invalid or unconstitutional. (Prior code § 7942)

It is unlawful and a misdemeanor to maintain property or premises conducive to creating a public nuisance in violation of this chapter or to refuse to abate such nuisance when ordered to do so by the enforcement officer in accordance with the abatement provisions of this chapter or state law where such is applicable. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

A. Any person convicted of a misdemeanor under this chapter shall be punished by: (1) a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this chapter within one year.

B. Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this chapter within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year.

C. Each day that a violation continues shall be regarded as a new and separate offense. (Prior code § 7943)

If any section, sentence, clause, phrase, part, or portion of this chapter is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the remaining sections, sentences, clasues, phrases, parts or portions and the city council declares that this chapter and each section, subsection, sentence, clause, phrase, part, or portion thereof, would have been adopted or passed irrespective of the fact that any one or more sections, sentences, clauses, phrases, parts, or portions be declared valid or unconstitutional. (Prior code § 7941)