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HomeMy WebLinkAboutOrdinance 1769 (Periodic Housing Inspection Program)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1769 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ENACTING NEW CHAPTER 12.42 OF THE SAN RAFAEL MUNICIPAL CODE TO PROVIDE FOR A PERIODIC HOUSING INSPECTION PROGRAM FOR APARTMENTS AND HOTELS, AND TO SPECIFY CARETAKER RESIDENCY AND POSTING REQUIREMENTS FOR APARTMENTS" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 2nd day of July, 2001, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City held on the 16th day of July, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 18th day of July, 2001 JEXN,�.a, X. -- (Seal) lE M. LEONCINI, City Clerk ORDINANCE NO. 1769 AN ORDINANCE OF THE CITY OF SAN RAFAEL ENACTING NEW CHAPTER 12.42 OF THE SAN RAFAEL MUNICIPAL CODE TO PROVIDE FOR A PERIODIC HOUSING INSPECTION PROGRAM FOR APARTMENTS AND HOTELS, AND TO SPECIFY CARETAKER RESIDENCY AND POSTING REQUIREMENTS FOR APARTMENTS. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1: Chapter 12.42 is added to the San Rafael Municipal Code to read as follows: Chapter 12.42 Apartments and Hotels; Periodic Housing Inspection Program & Caretaker Requirements 12.42.010 Declaration of Purpose. The Council finds that the establishment of a periodic housing inspection program for apartments and hotels, and the specification of caretaker requirements for apartments, is necessary to protect the public health, safety and welfare, by ensuring the proper maintenance of such housing, by identifying and requiring correction of substandard housing conditions in such housing, and by preventing conditions of deterioration and blight in such housing that could adversely affect economic conditions and the quality of life in the City. 12.42.020 Definitions. The following words and phrases whenever used in this Chapter shall be construed as defined in this section: "Apartment" means any building or buildings, located on one parcel of property, containing three (3) or more rental dwelling units as defined in Section 14.03.030 of this code. "Hotel" means any building or buildings, located on one parcel of property, containing six (6) or more guest rooms, intended or designed to be used, or that are used, rented or hired out to be occupied, or that are occupied for sleeping purposes by guests. "Guest" is any person hiring or occupying a room for living or sleeping purposes. "Guest Room" means any room or rooms used or intended to be used by a guest for sleeping purposes. "Occupant" means a person occupying a dwelling unit in an apartment or a guest occupying a guest room in a hotel. "Owner" means the record owner of the property on which an apartment or hotel is located, as shown on the official records of the County Assessor for the County of Marin, or the person or persons who own the business operating the hotel or apartment if different than the record owner of the property. Words and phrases used in this Chapter, but not specifically defined herein, shall have the meanings stated elsewhere in this code or in the adopted uniform codes. Where not defined in this Chapter or this code, words and phrases used in this Chapter shall have the meaning generally prescribed by dictionary definition. 12.42.030 Periodic Housing Inspections. Every owner of an apartment or hotel located within the City of San Rafael shall pen -nit the City's periodic inspection of the apartment and hotel, and the property on which such apartment or hotel is located, following notice from the City. The Community Development Director, or his or her designee, shall cause each apartment and hotel to be inspected by the 7 City's code enforcement officials once every five (5) years, or more frequently as needed, to ensure compliance with all applicable City ordinances or other laws relating to such housing, including the substandard housing provisions of Uniform Housing Code contained in Chapter 12.12 of this code. 12.42.040 Scope of Chanter. This Chapter shall not apply to: A. A dwelling unit occupied by the record owner of the property on which the dwelling unit is located, as shown on the official records of the County Assessor for the County of Marin. B. A dwelling unit in a residential condominium as defined in San Rafael Municipal Code Section 15.50.020(b). C. Housing accommodations in any hospital; state licensed community care facilities; housing accommodations in any convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facilities; asylum; on - campus fraternity or sorority houses; or on -campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by students. D. Housing accommodations which a government unit, agency or authority owns, operates or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation. This exception shall not apply once the governmental ownership, operation, or management regulation is discontinued. E. Mobilehomes, or mobilehome parks, or recreation vehicles as defined in California Civil Code Section 799.24, or recreational vehicle parks. 3 F. Housing accommodations in buildings that have been vacated and secured against entry to the satisfaction of the City. 12.42.050 Complaint -Based Inspections. Nothing contained herein shall prevent or restrict the authority of the City's code enforcement officials to inspect any apartment or hotel, or the premises thereof, in response to a citizen complaint alleging code violations or other violations of law at such an apartment or hotel, and to pursue all code enforcement remedies permissible under this code or other laws following such a complaint -based inspection of an apartment or hotel. 12.42.060 Notices. The Community Development Director, or his or her designee, shall give a minimum of five (5) business days advance written notice of the date and time of the periodic inspection to the owner of the apartment or hotel and to the occupants thereof. Such notice shall provide the address and phone number where additional information concerning the inspection may be obtained. Notice to the owner of the apartment or hotel shall be mailed by first class mail to the owner's last known address as it appears in the records of the County Assessor. Notice shall be given to the occupants of the apartment or hotel by posting an official notice of such inspection in a public area on the premises of such apartment or hotel. 12.42.070 Richt of Entrv. Upon presentation of proper credentials, the City's code enforcement officials, after having obtained the consent of the owner of the apartment or hotel, or of the occupant, may enter the apartment or hotel at reasonable times during daylight hours to perform the inspection. If consent for such an inspection is refused or cannot be obtained, the City's code enforcement 4 officials are authorized to obtain an inspection warrant to conduct such an inspection pursuant to Code of Civil Procedure Sections 1822.50 et seq. 12.42.080 Violations. If an inspection of an apartment or hotel, or the premises thereof, conducted pursuant to this Chapter reveals the existence of any violations of applicable City ordinances or other laws relating to such housing, including the substandard housing provisions of Uniform Housing Code contained in Chapter 12.12 of this code, the City's code enforcement officials may seek to remedy such violations as permitted by law, including the provisions of Chapter 1.42, 1.44 or 1.46 of this code. 12.42.090 Certificate of compliance. Following completion of an inspection of an apartment or hotel and correction of any violations of applicable City ordinances or other laws related to such housing, the City shall issue to the owner a certificate of compliance indicating satisfaction of the provisions of this Chapter as of the date of such certificate. 12.42.100 Inspection Fee. The City may collect from any owner of an apartment or hotel, for which the owner is receiving compensation from the occupants, an annual housing inspection fee sufficient to cover the City's administrative costs and expenses for the periodic housing inspection program provided in this Chapter. The annual housing inspection fees shall be established by resolution adopted by the City Council pursuant to the provisions of Chapter 3.34 of this code. The City may collect the annual housing inspection fees by billing the owners directly for the amount due or by collecting the amount due from the owners as part of their property tax bills issued by the County Tax Collector pursuant to an agreement between the City and the County of Marin. 5 12.42.110 Failure to Pav Inspection Fee. If the owner of an apartment or hotel fails to pay the annual housing inspection fees as provided hereunder, the City may recover the unpaid fees, plus accrued interest at the maximum rate permitted by law, from the owner in a civil action in which the City may be entitled to recover its reasonable attorney's fees. Alternatively, the City may record a lien for any unpaid annual housing inspection fees against the property to which the fees relate in the manner provided in Section 12.42.120 hereafter. 12.42.120 Housing Inspection Fee Lien. A. Prior to recording a lien for unpaid annual housing inspection fees against a property, the Community Development Director, or his or her designee, shall prepare and file with the City Clerk a report identifying the property, the owner, and the amount of a proposed housing inspection fee lien to cover such unpaid fees. B. The City Clerk shall fix a time, date and place of hearing said report and any protests or objections thereto by the City Council, and shall cause written notice of such hearing to be served on the owner not less than ten (10) days prior to the date of such hearing. Notice shall be given by regular first class mail addressed to the owner at the last known address as shown on the records of the County Assessor for the County of Marin. C. After conducting the hearing, the City Council shall adopt a resolution confirming, discharging, or modifying the amount of the proposed housing inspection fee lien. D. The City Clerk shall cause to be recorded in the County Recorder's Office a notice of housing inspection fee lien to which the City Council's supporting resolution shall be attached. Such notice shall specify the amount of the lien, the name of the City of San Rafael on whose behalf the lien is imposed, the street address, legal description, the assessor's parcel 6 number of subject property, and name and address of the owner as shown on the records of the County Assessor for the County of Marin. Upon recordation of such notice of housing inspection fee lien, it shall attach as a lien against the subject property, and shall have the same effect and priority as recordation of an abstract of judgment. E. Upon receiving a report from the Director of Management Services that payment in full has been received by the City of the amount specified in the notice of housing inspection fee lien, the City Clerk shall record a notice of satisfaction of the inspection fee lien with the County Recorder. Recordation of such notice of satisfaction shall cancel the City's lien against the property. 12.42.130 Caretaker Requirements for Apartments. A. Regardless of the number of dwelling units in an apartment, the owner shall post in a conspicuous public place on the premises of the apartment a notice containing the name, address and telephone number of the resident caretaker or resident owner who is responsible for management of the apartment, or of the non-resident owner or non-resident owner's agent who is responsible for management of the apartment. B. In any apartment with sixteen (16) or more dwelling units, a caretaker employed by the owner shall reside upon the apartment premises and shall be responsible for management of the apartment, unless the owner resides upon the premises and has assumed such management responsibility. Alternatively, in any apartment with sixteen (16) or more dwelling units, there shall be a designated caretaker's office which shall be staffed during the hours of 8 a.m. to 5 p.m. by the owner or a caretaker employed by the owner and responsible for management of the apartment during such hours, and there shall be a posted telephone number for the owner or the 7 owner's agent, to which a telephone complaint may be made during all other hours, a response to which shall be made within a reasonable time period. DIVISION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 3: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. A W'.'T !� . ATTEST: JE M. LEONC)NI, City Clerk The foregoing Ordinance No. 1769 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 2nd day of July, 2001, and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None 0 and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 16th day of July, 2001. JE A& M. LEON , City Clerk