(A) Administration. The Building Official, or his/her designee, hereinafter known as the Enforcement Official, is authorized to administer the provisions of this code.
(B) Mandatory inspection program.
(1) The city hereby institutes a systemic code enforcement program that will ensure that residential rental units, hotels, and motels are inspected over time. The program will include mandatory inspection of all units in the city.
(2) The mandatory inspection program is part of the city’s overall effort to encourage conservation of existing rental housing units, motels and hotels and insure that any prior conditions of approval from the Planning Commission or City Council are being maintained. Owners of these types of structures will be required to maintain these units to current Housing and Building Code standards. Owners and managers shall allow for the inspection of these units. If an owner or manager refuses to permit an inspection, the Enforcement Official is authorized to procure an inspection warrant.
(3) Owners and managers are required to maintain rental units as approved by the Planning Commission through a design review or conditional use permit entitlement. All conditions or approval are to be maintained as approved by the Planning Commission unless otherwise changed by the Planning Commission.
(4) Inspection services will not be provided if eviction proceedings have been initiated.
(C) Cause for inspections. A rental housing unit, motel, or hotel shall be inspected for violations of the Building and Housing Codes or the zoning ordinance of the city as part of the mandatory inspection program or whenever information from the following sources indicates that a pertinent code violation may exist therein:
(1) Complaints from the occupant of a rental housing, motel or hotel unit that a code violation may exist;
(2) Records maintained by the Enforcement Official which were established during previous apartment inspection programs and which reflect the prior existence of code violations and/or the absence of correction of such violations;
(3) Direct referrals for inspection from other city officials with code enforcement responsibility or from officials of a federal, state, or local agency, or from officials with a public or private utility; or
(4) Reports that the exterior condition of rental housing, motel, or hotel unit reflects the existence of code violations.
(D) Notice to tenants. Owners of rental units covered under the provisions of this code shall be required to provide notice of the availability of the residential rental inspection program and its complaint procedures to each tenant upon execution of a lease or rental agreement. Such notice shall be in a form set forth by the city and made available to each owner of rental housing by the city.
(E) Retaliation. No landlord may retaliate against a tenant for exercising his or her right under this code to file a complaint with the city that a code violation may exist. In any action by or against the tenant, evidence of the exercise by the tenant of his/her right under of Cal. Civil Code § 1942.5 occurring within six months of the alleged retaliation shall create a presumption that the landlord's conduct was in retaliation for the tenant's exercise of rights under this code.
(F) Entry.
(1) Upon presentation of proper credentials, the Enforcement Official, after having obtained the consent of the owner or occupant, may enter any rental housing or motel or hotel unit at reasonable times during daylight hours to perform any inspection required by this code.
(2) Except in emergency situations the Enforcement Official shall not enter any rental housing, motel or hotel unit without the consent of the owner or occupant thereof unless an inspection warrant therefore has been obtained and issued in the manner provided by the Code of Civil Procedure of the State of California.
(G) Correction notice. Whenever the Enforcement Official determines that a rental property is being maintained in violation of one or more of the provisions of the Housing or Building Code, the Enforcement Official shall give written notice to the owner of said property stating the section(s) being violated. The notice shall set forth a reasonable time limit for the owner to correct the condition, which except in emergency situations, shall be no less than ten calendar days from the date of the notice, and which may also set forth suggested methods of correcting the violation(s). The notice shall direct the property owner either to correct the violation(s) or request an Administrative Hearing to show cause why the condition(s) does not constitute a violation(s).
(H) Administrative hearing. Any owner may file a written request with the Enforcement Official for an administrative hearing within the time limit set forth in correction notice. The purpose of an administrative hearing is to allow the owner to dispute the factual findings of the violation(s). If a hearing is requested it shall be at the time fixed for the administrative hearing, the Hearing Officer shall hear and consider all relevant evidence, objections, or protests offered on behalf of the owner which show why the condition should not be corrected. The Hearing Officer may also consider rebuttal evidence offered by the city. If, at the conclusion of the hearing, based upon the record, the Hearing Officer is satisfied that the violation exists and concludes that it should be corrected, he/she shall issue a written decision setting forth his/her finding and shall cause the same to be served upon the owner and/or the owner's representative attending the hearing. All hearings pursuant to this section, shall provide written notice to the property owner five days in advance of any such hearing. In addition, written notice may be given to any tenant by regular mail or posting at the subject site. Any notice shall give the date, time, place and reason for such a hearing.
(I) Enforcement; report to Franchise Tax Board. The Enforcement Official shall take appropriate action to cause the correction, repair, or abatement of violations that are found as a result of any inspection required by this code. In addition to employing the applicable enforcement measures that are or may hereafter be provided by law, including but not limited to the enforcement provisions of the Building Code of the city, the Housing Code of the city, and Chapter 4.44 (Abatement of Dangerous Buildings) of the Municipal Code, the Enforcement Official shall comply with the provisions of Cal. Revenue and Taxation Code §§ 17274 and 24436.5(c).
(J) Notices. The first notice informing a property owner of a mandatory inspection or the date and time of an administrative hearing shall be by certified mail, return receipt requested. All other notices shall be by first class mail or certified mail. Service will be made to the owner's address as it appears on the last equalized assessment roll or as known to the Enforcement Official. Service shall be deemed complete at the time notice is personally served, transmitted or deposited in the mail. The failure of any person to receive notice properly given shall not affect the validity of any proceedings hereunder.
(Ord. 07-26, passed 12-18-2007)