(a) Violations identified during inspection. If after a report of inspection is issued pursuant to Section 5.22.070(e), the owner fails to correct a violation of the applicable laws identified in the report of inspection within the time allowed, the City may issue an administrative citation pursuant to Chapter 11.26 of this Code or may take any other action authorized by law to enforce the provisions of this Code, including, without limitation, a petition to the Superior Court for the appointment of a receiver over the property.
(b) Failure to pay fees. Should an owner fail to timely pay the annual inspection fee or any reinspection fee, the City is authorized to recover it, plus accrued interest and penalties, utilizing any remedies authorized by law.
(c) Strict liability. Violations of this Chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this Chapter shall be subject to prosecution under this Chapter, Chapter 11.26, and/or Section 11570 et. seq. of the California Health and Safety Code (Drug Abatement).
(d) Revenue and Taxation Code. The City may also utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing. The City is also authorized to bring an action under the Business and Professions Code for unfair business practices.
(e) Attorneys' fees. In an action, administrative proceeding, or special proceeding to abate a violation of this Chapter, the prevailing party may recover attorneys' fees pursuant to Government Code Section 38773.5. Recovery of attorneys' fees is limited to those individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys' fees. An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred by the City in an action, administrative proceeding, or special proceeding.
(Ord. 192, passed 1-15-2020; Am. Ord. 244, passed 3-13-2024)