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HomeMy WebLinkAboutOrdinances_2773_CCv0001.pdf ORDINANCE NO. 2773 AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTERS 5.04 and 5.98 OF THE REDLANDS MUNICIPAL CODE RELATING TO PERMIT REQUIREMENTS FOR RENTAL DWELLING UNITS THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: Section 1. Section 5.04 of the Redlands Municipal Code is hereby deleted in its entirety and rewritten to read as follows: "5.04.215 ISSUANCE; RENTAL DWELLING UNIT PERMIT REQUIRED: No license shall be issued to any person renting or leasing residential dwelling units unless such person has a valid Rental Dwelling Unit Permit required by Chapter 5.98 of this Code." Section 2. Section 5.98 of the Redlands Municipal Code, entitled"Licensing Requirements for Rental Dwelling Units,"is hereby amended to read as follows: "Chapter 5.98 PERMIT REQUIREMENTS FOR RENTAL DWELLING UNITS 5.98.010: FINDINGS AND DECLARATIONS 5.98.020: DEFINITIONS AND SCOPE 5.98.030: PERMIT REQUIRED 5.98.040: DURATION OF PERMIT 5.98.050: PERMIT NONTRANSFERABLE 5.98.060: APPLICATION FOR PERMIT, STANDARDS OF OPERATION,PERMIT APPLICATION FEE AND RENEWAL OF PERMIT 5.98.070: ISSUANCE OR RENEWAL OF PERMIT 5.98.080: PERMIT DENIAL 5.98.090: REVOCATION OF PERMIT 5.98.100: PERMIT REVOKED 5.98.110: APPEAL RIGHTS 5.98.120: 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, the physical conditions and characteristics of which render them unfit or unsafe for human occupancy and habitation and cause such buildings and l:\eclerk\0rdinances\2773 Amending 5.98 rental dwelling units.doc 1 units to be detrimental to, or jeopardize, the health, safety and welfare of their occupants and of the public. 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 law enforcement and remedial action; impairs the efficient and economical exercise of governmental powers and functions; and destroys the amenity of residential areas and neighborhoods, and of the community as a whole. C. The business of renting or leasing rental dwelling units, as 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. D. For the above stated reasons, it is hereby declared to be the policy of the City that: 1. It is in the public interest of the residents of the City to protect and promote 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 permitting of rental dwelling units are to protect the best interests and the health, safety and welfare of the residents of the City. 5.98.020: DEFINITIONS AND SCOPE: A. Definitions: For purposes of this chapter, the following terms,phrases,words and their derivations shall have the meanings set forth herein. Words used in the present tense include 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. APPLICANT: The owner, or the owner's authorized representative, applying for a permit pursuant to this chapter. DIRECTOR: The Finance Director of the City, or his or her designee. OWNER'S AUTHORIZED REPRESENTATIVE OR AUTHORIZED REPRESENTATIVE OF THE OWNER: Any person authorized by a writing L\cclerk\0rdinances\2773 Amending 598 rental dwelling units,doe 2 signed by the owner to act on the owner's behalf in regard to an owner's rental dwelling unit. PERMITTEE: The person issued a rental dwelling unit permit pursuant to this chapter. PERSON: Any individual, firm, copartnership, corporation, company, association, organization,joint stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof. RENTAL DWELLING UNIT: Any structure or part of a structure, including,but not limited to, a home, apartment, condominium and unit of a multiplex or apartment building, which is used as a home, residence or sleeping place by one or more persons and that is rented or leased, in whole or in part, for thirty(30) consecutive days or greater in any consecutive twelve(12)month period. RENTAL DWELLING UNIT PERMIT: The permit issued pursuant to this chapter. SUBJECTPROPERTY: The real property where the rental dwelling unit is located. B. 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 order; extended medical care facility; 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 its students. 2. Housing accommodations which a federal, state or local 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 after the governmental ownership, operation, or management regulation is discontinued. 3. Mobilehomes,mobilehome parks,recreational vehicles as defined in Health and Safety Code section 18010, or recreational vehicle parks. 4. Owner occupied single-family dwellings. 5. Housing projects having units available at affordable rents,as defined in Health and Safety Code section 50053,which have received financial assistance from the City or the City's former Redevelopment Agency. lAccle&0rdinances\2773 Amending 5.98 rental dwelling units.doc 3 5.98.030: PERMIT REQUIRED: On and after July 1, 2008, every person who owns a rental dwelling unit shall procure and maintain a permit from the City,which permit shall authorize the person to operate the rental dwelling unit at the subject property described in the permit. Only one permit is required for a person that owns one or more rental dwelling units in the City. 5.98.040: DURATION OF PERMIT: A rental dwelling unit permit issued or renewed under this chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination pursuant to section 5.98.100 of this chapter. 5.98.050: PERMIT NONTRANSFERABLE: All rental dwelling unit permits issued pursuant to this chapter are nontransferable both as to the location and as to the person holding the permit. When the owner of the rental dwelling unit procures such a permit, any other person who conducts, manages or carries on such business as an authorized representative of the owner, is not required to obtain an additional permit;however, the authorized representative must verify that a valid pen-nit has been issued and is in effect at all times while operating the rental dwelling unit. 5.98.060: APPLICATION FOR PERMIT, STANDARDS OF OPERATION,PERMIT APPLICATION FEE AND RENEWAL OF PERMIT: A. Application For Permit: The applicant for an initial or renewed permit to engage in the business of renting or leasing a rental dwelling unit shall provide to the director, on a form prepared by the director, the following information: 1. The name, address and telephone number of the owner of the rental dwelling unit. 2. The name, address, and telephone number of the applicant,if the applicant is an authorized representative of the owner and a copy of the owner's written and signed authorization. 3. A telephone number to contact the owner and/or the authorized representative, as provided in the standards of operation, as described in subsection B of this section. A confidential/nonbusiness twenty four(24) hour contact telephone number, designated by the owner and/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 rental dwelling units. l:\celerk\0rdinances12773 Amending 5.98 rental dwelling units.doc 4 5. A description of the size and character of all rental dwelling units, including,but not limited to, the type(home, apartment, condominium), the number of units, total square feet, and the number of bedrooms/bathrooms of the rental dwelling units. 6. A certification signed by the owner and any authorized representative under penalty of perjury that to the best of their knowledge and belief on the date of application, each rental dwelling unit identified in the application complies with the standards of operation, as described in subsection B of this section. 7. Any other information deemed necessary by the director in carrying out the provisions of this chapter. B. Standards Of Operation: As a condition to the issuance or renewal of a rental dwelling unit permit, the owner, and the owner's authorized representative(if any), shall be responsible for complying with the following standards: 1. 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. 2. 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. 3. The exterior of all rental dwelling units and the subject property shall be subject to inspection by the City. 4. 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 on a twenty four(24)hour, seven(7)days a week basis to receive calls regarding the condition and/or operation of all rental dwelling units and the subject property. Failure to respond to calls in a timely and appropriate manner may result in revocation of the permit. For purposes of this subsection, responding in a timely and appropriate manner shall mean that: a. A response to an initial call shall be made in a prompt and timely manner for the purpose of acknowledging the call and communicating a preliminary plan for any necessary corrective action; and b. Within thirty(30) calendar days of the initial call, any necessary corrective action to address any violation of this chapter shall be completed, unless: L\cclerk\0tdinances\2773 Amending 5.98 rental dwelling units.doc 5 (1)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 (2)The director determines that additional time to complete the corrective action was reasonable,based on the permittee's demonstration that the delay was not caused by the permittee, and the delay was caused by extraordinary circumstances that justify an extension of time to complete the corrective action. C. Permit Application Fee: The permit application fee, established by resolution of the City Council and in an amount that does not exceed the reasonable costs incurred by the City for implementing and carrying out the regulatory program established by this Chapter, shall accompany all written applications for a rental dwelling unit permit, including applications to renew a rental dwelling unit permit. D. Renewal Of Permit: Prior to the expiration of the permit, an applicant shall renew a rental dwelling unit permit following the same procedures stated in this section. To ensure City review of an application for renewal prior to expiration of a permit, an application to renew must be provided to the director at least thirty(30) days prior to the expiration of the permit. However, no application for renewal of the rental dwelling unit permit shall be accepted earlier than ninety(90)days prior to the expiration of the permit. 5.98.070: ISSUANCE OR RENEWAL OF PERMIT: A. The director shall not issue or renew a rental dwelling unit permit unless and until the director has received a correct and complete application,payment of the applicable permit fee and certification from City code enforcement staff that a rental dwelling unit and/or subject property upon which the rental dwelling unit is located is in compliance with all provisions of this chapter. B. In the event that the application to issue or renew a rental dwelling unit permit is denied by the City, the director shall cause a "notice of denial" to be mailed by registered mail, postage prepaid, to the applicant at the applicant's mailing address shown on the most recent application or otherwise filed by the applicant with the 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 a person over the age of eighteen(18) years of age or older. 5.98.080: PERMIT DENIAL: Any person denied a permit 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 5.98.110 of this Chapter. L\cclerk,0rdinances12773 Amending 5,98 rental dwelling units.doe 6 5.98.090: REVOCATION OF PERMIT: A. A rental dwelling unit permit shall be revoked by the director upon one or more of the following grounds: 1. The permittee committed fraud or deceit in obtaining a permit under this chapter. 2. The permittee violated any provision of this chapter. 3. A rental dwelling unit and/or subject property upon which a rental dwelling unit is located is not in compliance with any provision of this chapter. 4. The rental dwelling unit permit was issued in error. B. In the event that a rental dwelling unit permit is revoked, the director shall cause a "notice of revocation" to be mailed by registered mail, postage prepaid,to the permittee at the permittee's mailing address shown on the most recent application or otherwise filed by the permittee with the director. Service may also be made by personal service on the permittee or by leaving the notice at the permittee's residence in the custody of a person over the age of eighteen(18)years of age or older. 5.98.100: PERMIT REVOKED: Any person whose permit is revoked pursuant to this chapter shall not operate a rental dwelling unit within the City. A permittee may appeal the revocation to the City Council as provided in section 5.98.110 of this chapter. A permit shall remain revoked unless and until the City Council reinstates the permit through the appeal process, or the person applies for and is issued a new permit. 5.98.110: APPEAL RIGHTS: Any person denied a permit under this chapter, or any person whose pen-nit has been revoked under this chapter, may appeal the director's determination to the City Council. Any such appeal shall be in writing and shall be filed with the director not more than fifteen(15)days following the director's deposit into the mail of the notice of denial or revocation pursuant to subsection 5.98.0708 or 5.98.10013 of this chapter. The City Council may hear appeals directly or, in its sole 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. 5.98.120: ABATEMENT: Any rental dwelling unit and/or subject property operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to, or in lieu of any other legal or criminal proceedings, commence an action or actions, proceeding or proceedings, for the abatement,removal and/or enjoinment thereof, in the manner provided by law; and shall take such other steps, and may apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the nuisance and restrain and enjoin any person from operating, conducting or maintaining a rental dwelling unit and/or subject property contrary to the provisions of this chapter." L\cclerk\Ordinances\2773 Amending 598 rental dwelling units,doc 7 Section 2. 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 once in the Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as provided by law. L'I kJ jl Y Pete Aguilar,Mayor ATTEST: Z�1-4 it Sam Irwin, Ci(f! k L\cclerk\Ordmances\2773 Amending 5.98 rental dwelling units.doe 8 I, Sam Irwin, City Clerk, City of Redlands,hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof, held on the 17th day of April 2012, by the following vote: AYES: Councilmembers Harrison, Bean, Foster, Gardner; Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City deiV L\cclerk\0rdinanccs\2773 Amending 5,98 rental dwelling units.doc 9