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HomeMy WebLinkAboutOrdinances_2698_CCv0001.pdf ORDINANCE NO, 2698 AN ORDINANCE OF JTIE CITY OF REDLANDS ADDING CI-IAPTER 5.98 TO THE RE;DLANDS MUNICIPAL CODE TO ESTABLISH INSPECTION LICENSING REQUIREMENTS FOR OWNERS OF RENTAL DWELLING UNITS AND AMENDING CHAPTER 1,16 OF THE RE°DLANDS MUNICIPAL CODE TO ESTABLISH FEES FOR INSPECTIONS NS OF SUCH UNITS, THE CITY COUNCIL.OF THE CITY OF REI LANDS docs ordain as 1` Ilow Section I. Chapter 5.98, entitled "Inspection Licensing Requirements for Rental - Dw ellin8 Units," is hereby added to the Redlands Municipal Code to read as follows: "Chapter . .98 LICENSING REQUIREMENTS FOR RENTAL DWELLING UNITS Sections: 5.98.010 Findings and Declarations. 5.98.020 Definitions and Scope.. 5.98.030 License Required. 5,98.040 Rental Dwelling Unit License Application Fee Reduction. 5,98.050 Duration of License. 5.9 .060 License Non-Transferable; 5. 8. 70 Application for License, ,Standards ofOperation, License Application Fie and Renewal of License. 5.98.080 Issuance or Renewal of License. 5,98.090 License Denial 5.98-.100 Revocation of License. 5.98,1 10 License Revoked. 5.98.1: 9 Appeal Rights. 5.9&130 'Violations. 5.98.140 Abatement. 5,98-010 Findings and Declarations. The City Council finds and declares as follows A, There exists in the City substandard and unsanitary residential buildings and dwelling units, they physical conditions and characteristics of which render them unfit or unsafe for hurnaan occupancy nand habitation and cause such buildings and units to be detrimental to, or jeopardize, the health, safety and Nvelfare of their Occupants and of the public. DJN,1,,0 D',12 98 Rental Ordinance-B I B. The existence of such substandard buildings and dwelling units threatens the physical, social and economic stability of sound residential areas, and of their-supporting neighborhood facilities and institutions; necessitates disproportionate expenditures of public funds for lave enforcement and remedial action; impairs the efficient and economical exercise of governmental powers and functions and destroys the amenity of residential areas an neighborhoods, and of the community as Ka whole.; C. The business of renting or leasing Dental Dwelling Units, its defined herein, has resulted in instances of absentee landlords and/or off-site managers, which, in turn, has increased the likelihood of instances of substandard buildings and dwelling units, health violations and crime, all of which are a public nuisance. l For the above-stated reasons, it is hereby declared to be the policy of the City that I It is in the pudic interest of the residents of the City to protect and prornote the existence of sound and wholesome residential buildings, dwelling units and neighborhoods by the adoption and enforcement of such standards, regulations and procedures as will remedy the existence or prevent the development or creation of dangerous, substandard or unsanitary and deficient'residential buildings and dwelling units, and, 2' The provisions of this Chapter related to the licensing of Rental welfin'); Units are to protect the best interests and the health, safety and welfare of the residents of the City. 5. 8.020 Definitions and Scope. A. Definitions. For purposes of this Chapter, the following g terms, phrases, words and their derivations shall have the meanings set forth herein. Wards used in the present tense includes the future tense,plural words include the singular and singular words include the plural. Words not specifically defined shall be given their common and ordinary meaning. The word "shall'" is mandatory and not merely directory, I. `i pplicant"means the Owner, or the Owner's Authorized Representative, applying for a License pursuant to this Chapter, `, "City CounciI" means the City COUnciI cif"the City. 3. "City" paeans the City of Redlands. . `"'Code:." ineans the Redlands°Municipal C"rade:; 5 "Family" nicKans a person or persons living together as a single housekeeping unit in a Rental Dwelling Unit. DPM'1101(1)`,�69s Rental Ordinance- t ra; ``Licensee" means the person issued a Renta levelling Unit License pursuant to this Chapter.- , "Owners Authorized Representative"or. A thoriz. c3 Representative of the Owner" meas any person authorized by a writing signed by the Owner to act, on the Owner's behalf in regards to an Owner's Rental Dwelling Unit. "'Person" meas any individual, firm, co-partnership, corporation;: company, association, organization,,joint stock association or body politic; and includes any trustee, receiver,assignee or other similar representative thereof, 9 "Quality of Life Director" nicans the Quality of Life Director of the City or his or her designee. M "Rental Dwelling Unit" means any structure or part of a structure, including but not limited to, a home; apartment, condominium and unit of as multiplex or apartment building, which is used as as home, residence or sleeping place by one or more persons and that is rented or leased, in whole or in pat, for thirty (30)consecutive days or greater in any consecutive twelve(12) month period: 11. `Rental Dwelling Unit License or License" means the License issued pursuant to this Chapter. 12. "Subject Property" means the underlying real property where the Dental Dwelling Unit is located. K Scope. The provisions of this Chapter shall not apply to: 1 Housing accommodations in any hospital, state licensed community care facility" convent, monastery, or other facility occupied exclusively by members of a religious Larder; extended medical care facility; asylurra; 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 its students, `?: blousing accommodations which as fiederal, state or local government unit; agency or atathority 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 after the gov'emmental ownership, operation, or management regulation is discontinLied. 3 11 1 ilehcanes, nobilehorne parks recreational vehicles as defined in Health and Safety Code Section 18010, or recreational vehicle parks, 4. Owner Oecatpied single family ly dwelling. 5. Owner occupied/unoccupied single or multi-family dwelling if rented/leased entirely to a member of the Owner's ,family. 6. Housing projects having units available at affordable rents, as defined in Health and Safety Code section 50053, which receive financial assistance from the City or the City's Redevelopment Agency. 5.98,030 License Required; On and after .July 1, 2008, every person who owns a Rental Dwelling Unit shall procure» and maintain a License from the City, which License shall authorize the person to operate the Recital Dwelling Unit at the subject property described in the License. Only one License is required for a person that owns one or more Rental Dwelling Units in the City; 5.98.040 Dental Dwelling Unit License Application Fee Reduction. A. To encourage particication in the City's Crime-Free Multi-Family Housing Program, the Rental Dwelling Unit License Application Fee required by this Chapter arid. Chapter 3.16 of this Code, including that required for single-family residences, shall be reduced in accordance with the fee resolution adopted pursuant to such Chapters of this Code for those applicants who include with their application; 1. a valid certificate issued by the City's Police Department (or ether law enforcement agency participating in the International Cringe :Pres;Multi-Housing Program) to the applicant or the manager of the Dental Dwelling`Unit( showing completion of the eight hour training;course, and 2, a valid, ficial certification(which must be updated yearly by the applicant) issued by the City's Police Department showing that all of the applicant's subject Property where Rental Dwelling Units are located completed all phases of the Crime Free Multi-Housing Program. 1 The application fee reduction available under this section for participation in the City's Cringe- rec Multi-Family Housing Program shall apply to bath initial arid renewal applications. C. The City Council may, by resolution,grant additional fee reductions to encourage compliance with the provisions of this Chapter and this Code.:: D, The failure of""the applicant to maintain a current, valid, final certificate for-the Subject Property where a Rental Dwelling Unit is located shall render the redaction of the Rental Dwelling Unit Application Pee null and vapid; and the arxaouut of such reduction fee shall become immediately due and payable. 5.98.0-50 Duration of License, DJI,t,ORU�2698 Rental Ordinance-B 4 A dental Dwelling Unit License issued or rene",ed tinder this Chapter shall tea-iaainate at the expiration of one ( ) year from the (late of its issuance unless revoked prior to said termination pursuant to section 5,9 .1t.0. 5.9 .{)60 License Non-Transferable. All Rental Dwelling Unit Licenses issued pursuant to this Chapter ars; non-transferable' both as to the location and is to the person holding the-;License. When the Owner of-the Rental Dwelling'Unit procures such as License, any other parson who Conducts, manages or carries on such business as an Authorized Representative of the: t wvner is not required to obtain an additional License; however, the Authorized Representative must verify that a valid License has been issued and is in effect at all tines while operating the Rental Dwelling Unit 5.98.070 Application for License, Standards of Operation, License Application Fee and Renewal of License. A. Application for License. The Applicant for an initial, or a subsequent renewal of as License to engage in the business of renting or leasing a Rental Dwelling 1 tnit shall provide to the Quality of Life director, on a tore prepared by the Quality of Life director, the fbilowwnin information I. The naarne, address and telephone number of the Owner of the Rental Dwelling Unit. I The name, address, and telephone number of the Applicant, if the Applicant is an Authorized Representative of the Owner and a copy of the Owvaaer's written and signed authorization. 3. A telephone number to contact the Ow=ner and/or the Authorized Representative,as provided its the Standards of Operation, as described in Subsection B.,herein.. ,A confidential/non-business twenty-four(24) hoar contact telephone number, designated by the Owner aandl/or the Authorized Representative as confidential, shall be treated as confidential by the City and shall only be available to authorized representatives of the City. 4. The location and address of the Subject Property and all dental Dwelling Units. 5. A description of the size and character of all Rental Dwelling Units, including, but not limited to, the ty=pe (home, apartment, condominium), the number of units, total square feet and the number of bedroonis/bathrooms of the Rental Dwelling Units, fa. A certification signed by the Owner and any`Authorized Representative fancier penalty ofperjury that to the hest of:their knowledge and belief on the date of application, each Rental 'Dwelling LTrait identified in the application complies with the:Standards of Operation, its described in subsection B,, herein. 41161108 1:4 5 .rn: 7. Any other information deemed € ecessary by the Quality of Life Director in carrying out the provisions of this Chapter. B, Standards of Operation, As condition to the issuance or renewal of to Dental, Dwelling Unit License, the Owner, and the Owner's Authorized Representative (if any), shall be responsible for complying with the following standards:: I Each Rental Dwelling Unit, and the ,Subject Property upon which each Rental Dwelling unit is located, shall be in:compliance with all applicable state and local laws. Each Rental Dwelling Unit, and the Subject Property upon which each Rental levelling Unit is located, shall be in compliance with all applicable provisions of(Ills Code: . Each Rental Dwelling Unit, and the Subject Property upon which each Rental Dwelling Unit is located, shall not be operated, conducted or maintained so as to constitute a public nuisance, 4. All Rental levelling units and the Subject Property shall be subject to inspection by the City. 5: The Owner or any Authorized Representatives of the Owner shall be available in person, by telephone, by telephone answering machine, or by other electronic messaging device to authorized representatives of the City can a twenty-four( 4) hour, seven (7) days a week, basis to receive calls regarding the condition and/tar operation of all Rental Dwelling Units and the Subject Property. Failure to respond to calls in a timely tang appropriate manner may result in revocation of the License. For purposes of this;subsection, responding in a timely and appropriate manner shall paean that: (a) A response to an initial call shall be made in a prompt and timely mariner for the purpose of acknowledging the call and communicating a preliminary plan for any necessary corrective action; and, (b) Within'thirty( 0) calendar days of the initial call, any necessary corrective action to address any violation of this Chapter shall be completed; unless: (i) Failure to complete the necessary corrective action may jeopardize the health and safety of the occupants, in which case the corrective action shall be completed as quickly as reasonably possible; and/or, (ii) The City's Quality of Life Director determines that additional time to complete the corrective action was reasonable, based can the Licensee's demonstration that the delay was not caused by the Licensee, and the delay was caused by extraordinary circumstances thatjustif'y an extension oftirne to co€nplete the corrective taction. DJM',0RD',,2698 Rental Ordinance-f 6 4/16,'08 1:451).m, Vii. A smoke detector shall be installed, in accordance with the manufacturer's instructions, in each Rental Dwelling Unit; as provides(by State law and regulations. C. License Application Fee. The license application fee established by resolution of the City Council shall accompany all written applications for a Rental Dwelling Unit License,, including applications to renew as Rental welling Unit License: D. Renewal of License. Prior to the expiration of the License, an Applicant shall renew a Rental levelling Unit License following the same procedures stated in this section. To ensure City review of an application for renewal prior to expiration of a License,an application to renew must be provided to the Quality of Life Director at least thirty (0) days prior to the expiration of the License. However, no application for renewal of the Rental Dwelling, w lling, Unit License shall be accepted earlier than ninety (90)mays prior to the expiration ofthe License.. 5.98,080 Issuance or Renewal of License. A. The {duality of Life Director shall not issue or renew a Rental Dwelling Unit License unless and until the Quality of Life Director has received a correct and complete application and the appropriate License fee. B. No License shall be issued or renewed if:the City determines that a Rental Dwelling Unit and/or Subject Property upon which the Rental Dwelling Unit is located is not iii compliance with any provision. of this Chapter or this Code. C, In the event that the application to issue or renew a Rental Dwelling Unit License is denied by the City, the Quality of Life Director shall cause a "Notice of Denial" to be mailed by registered mail„ postage prepaid, to the Applicant at the Applicant's mulling address shown oil the most recent application or otherwise filed by the Applicant with the Quality of Life Director. Service may also be made by personal service on the Applicant or by leaving the notice at the Applicant's residence in the custody of person over the age of eighteen (IS) years of age or older, 5.98.090 License Denial. Any person denied a License pursuant to this Chapter shall not operate a Rental Dwelling' Unit within the City. An Applicant may appeal the denial to the City Council as provided in section 5.98`.1"fit} 5.98.1 0 Revocation of License A. A Rental Dwelling Unit License shall be rev=oked by the Quality of Life Director upon one (1) or more of the following grounds: L The Licensee committed fraud or deceit in obtaining a License under this Chapter. €JJNI\OR1X2698 mental Ordinance- B 7' I The Licenseeviolated any provision of this Chapter. 3 A Renal Dwelling Unit andi'Or Subject:Property upon which a Rental Dwelling Unit is located is not in compliance with any provision of this Chapter. . The Dental Dwelling Emit License was issued in error. B In the event that a Rental Dwelling Unit License is rev=oked the Quality of Life Director shall cause: a "Notice of Revocation" to be mailed by registered nail, postage prepaid, to the Licensee at the, Licensee's nailing address drown on the most recent application or otherwise fled by the Licensee with the Quality of Life Director. Service may also be made by personal service on the Licensee or by leaving the notice at the Licensee's_residence in the custody of a person over the age of eighteen (18) years of age: or alder. 5,98,110 License Revoked. Any person whose License is revoked pursuant to this Chapter shall not operate a Rental Dwelling Unit within the City. A Licensee may appeal the revocation to the Cit} Council as provided in ection 5.98,120, A License shall remain revoked unless and until the City Connell reinstates the License through the appeal process, or the person applies for and is issued a new License. 5.9&120 ,appeal Rights. Any person denied a License under this Chapter, or any person whose License has been revoked under this Chapter, may appeal the Quality of Life Director's determination to the City Council. Any such appeal shall be in writing and shall be filed with the Quality of Life Director not more than fifteen (15) days following the Quality of Lifer Director's deposit into the nails of the Notice of Denial or Revocation pursuant to sections 5.98.080C or 5.98.100B. The C"it Council may hear appeals directly or in its sale discretion, may appoint a hearing officer to hear any appeal and make a recommendation to the City Council. All decisions of the City Council shall be final as to any appeal presented to it. 5,98.1301 'violations. Any person violating any provision of this Chapter shah be guilty of an infraction o misdemeanor, 5,98.140 Abatement. Any Rental Dwelling Unit and/or SLIbjW Property operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be unlaw=ful and a public nuisance, and the City may, in addition to, or in lieu of any other legal of criminal proceedings, commence an action or actions, proceeding or proceedings, for the abatement, removal and/or enjd rt ent thereof, in themanner provided by lav«; and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such DY,10tot D\-'698 Rental Ordinance-1`3 4/16108 1:45 pm relief as will abate, or remove the nuisance and restrain and egjoin any person from operating, conducting or maintaining a Rental Dwelling Unit and/or Subµject property contrary to the provisions of this Chapter." Section2. The table contained in Chapter3.16 of the Redlands Municipal Code establishing percentages of costs reasonably borne to be recovered by the City for regulation or the provision of products or service is hereby amended to add the following fee under the "Public Works En ineering"category: Regulation, Products or Percentage of Casts Rev=iew Schedule Services Reasonably Borne To Be Recovered Public Forks Engineering Annual Rental lousing 100% annual Inspection Licensing Fee Section 3,_ The. Mayor shall sign this ordinance and the City Clerk shall certify to the adoption of this ordinance and shall cause it, or a summary of it to be published ogee in the Redlands Baily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect in accordance with law. ayor of the .it of Redlands ATTEST: C.tt, Clerk 1, Morrie Poyzer, City Clerk of the City of Redlands, hereby certify that the forgoing ordinance vvas duly adopted by the City Council at: a regular meeting thereof held on the 601 day of May.,'008 by the following vote: AYES- Councilmembers Gilbreath, Aguilar, Mayor Harrison NOES: Councilmembers Gallagher and Bean ABSENT, ABSTAIN: Porrioyzer, Cit'� ,lcr I7.1v9`ORM2698 RentaC Ordinance- B 4/16/08 l:45 P.m.