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The City Council finds that the establishment of a periodic housing inspection program for rental units is necessary to protect the public health, safety, and welfare by ensuring the proper maintenance of such housing, including but not limited to balcony structures, by identifying and requiring correction of substandard and legally non-compliant housing conditions, and by preventing conditions of deterioration and blight that could adversely affect economic conditions and the quality of life in the City.
(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)
The following words and phrases, whenever used in this chapter shall be construed as defined in this section:
A. APPLICABLE LAWS. Includes, but is not limited to, the City's Housing Code, the City Zoning Ordinance, other City ordinances, and other laws or regulations relating to the health or safety of City residents or the public.
B. BUILDING OFFICIAL. The City of Pinole Building Official.
C. BALCONY. A horizontal platform extending from the exterior wall of a building, accessible from the building’s interior, and not directly accessible from the ground. A balcony is typically not covered by a roof or building overhang or enclosed on more than two (2) sides by walls. However, railings shall not be considered enclosures. The definition of balcony does not include “decks” and shall be consistent with the definition of balcony in the California Building Code.
D. CERTIFICATE OF COMPLIANCE. The certificates issued evidencing compliance with the requirements of this chapter.
E. CITY. The City of Pinole, California.
F. DEFICIENCY. Any failure by a unit subject to this chapter to comply with applicable laws.
G. OCCUPANT. Individual, partnership, corporation or association or agent of any of them lawfully residing in a unit.
H. UNIT. A dwelling unit within the City, including single-family homes, duplexes, and multi-family dwellings, motels, hotels and similar living accommodations.
I. OWNER. The owner of record as shown on the last equalized assessment roll or such owner's authorized agent.
J. RENTAL UNIT. A unit occupied by or intended for occupancy by other than the owner of the unit.
K. UNIT UNAVAILABLE FOR RENT. A unit whose owner has filed with the Building Official a statement signed under penalty of perjury in accordance with administrative regulations adopted pursuant to this chapter which statement provides that such unit is not offered or available for rent as a rental unit, and that prior to offering or making available such unit for rent as a rental unit, the owner will apply for a certificate of compliance for such unit pursuant to this chapter and any applicable administrative regulations adopted pursuant to this chapter.
(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)
The provisions of this chapter shall apply to all rental units, except, however, that the provisions of this chapter shall not apply to:
A. Owner or manager-occupied rental units.
B. Units that are owned, operated or managed by a government agency other than the City or which are exempt from municipal regulation pursuant to state or federal law or regulations, but only so long as such government ownership, operation or management or exemption from municipal regulation continues in effect.
C. Units unavailable for rent.
D. Residential facility that serves six (6) or fewer persons as defined in the California Health and Safety Code Section 1566.3.
(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)
Every owner carrying on the business of operating rental units in the City is subject to this chapter. Failure to comply with this chapter (including failure to return the application for certificate of compliance within thirty (30) days of receipt) constitutes a violation of the Pinole Municipal Code and will be subject to any fees or citations as outlined per Chapter 8.25 Administrative Citations and Penalties, as well as any other remedies available to the City. Each day that a violation exists constitutes a separate violation.
(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007)
Every owner of rental units carrying on the business of operating rental units subject to this chapter or on whose behalf the business of operating such rental units is carried out must comply with the business license requirements of Title 5 of the Pinole Municipal Code, including, but not limited to, the business license tax requirements prescribed in that title.
(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)
Owners of units, including rental units, subject to this chapter must file a written application with the building official and obtain a valid certificate of compliance for each rental unit prior to applying for a business license pursuant to Title 5 of this code. Applications for certificates of compliance may be obtained from the City Building Division. To be considered for approval applications for certificates of compliance must be complete in accordance with this chapter and any applicable regulations adopted pursuant to this chapter and include the current fee specified in regulations adopted pursuant to this chapter.
(Ord. 2017-06 § 2 (part), 2017; Ord. 2007-06 § 1, 2007; Ord. 2006-01 §1, 2006)
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