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)