*Cross reference(s)--Unsafe buildings or structures, § 91.1.116.1.
This chapter provides expedited administrative procedures to address conditions in rented residences and other premises that constitute an immediate threat to the health and safety of tenants or the public. The expedited procedure for rental units is based on the tenants' relocation benefit provisions of the State Housing Law (Health & Safety Code Sections 17910 to 17998.3). The expedited procedure for other premises is based on the County Health Officer's obligation and authority to protect public health (see, e.g., Health and Safety Code Sections 101000 and 101030 and Government Code Section 23003).
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) This chapter is applicable to buildings and mobilehomes used for human occupancy.
(b) The expedited procedure provided in Section 69.105 of this chapter is available when the Director finds that unsanitary conditions or the substandard conditions listed in Section 69.104(a) of this Code in a rented residence or its lot are so extensive and of such a nature that the immediate health and safety of the tenants is endangered.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) Substandard, illegal or unpermitted conditions, and related threats to the health or safety of children or adults, may also be addressed as otherwise authorized by law. The expedited administrative procedures established by this chapter are in addition to other remedies and penalties provided by law.
(b) When the expedited procedures provided in this chapter are available to address one or more substandard conditions at a rental residence or its lot, other substandard conditions at that residence may also be addressed in notices and orders issued pursuant to this procedure, but with appropriately modified time frames for corrective action.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
The following definitions shall apply to this chapter:
"Department" means the Department of Environmental Health and Quality.
"Director" means the Director of Environmental Health.
"Residence" means any dwelling unit, guest room or suite of rooms that is subject to the State Housing Law.
"Substandard condition" means a condition described in Section 17920.3 of the Health and Safety Code (i.e., the State Housing Law).
"Unsanitary condition" means a condition inside a building or mobilehome that exposes occupants to unconfined sewage, or the presence of sewage or greywater at the soil surface outdoors.
"Wiring" means all parts and components of the electrical system in a residence.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10578 (N.S.), effective 12-13-18; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The Director may find that any of the following substandard conditions or a combination thereof is so extensive and of such a nature that the immediate health and safety of the tenants in the rental residence is endangered:
(1) Inadequate sanitation or an unsanitary condition.
(2) Continued reliance on a defective or failed sewage system that has caused an unsanitary condition within the prior 30 days.
(3) A lack of potable piped water, unless the water supply to the residence has been shut off due to nonpayment by a tenant obligated under a written lease to pay for water. "Potable piped water" does not include water hauled to the site.
(4) Hazardous wiring, including any wiring that poses an increased risk of fire or of electrical shock because it is substandard.
(5) Structural hazards that pose a risk of collapse.
(6) Leaking or substandard gas plumbing.
(b) The Director may find that any unsanitary condition that is a public nuisance constitutes an immediate threat to the health and safety of the public.
(Added by Ord. No. 10100 (N.S.), effective 1-7-11; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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