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HomeMy WebLinkAboutNS-2158 Not adopted" 179 REL: ORDINANCE NO. NS-2158 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XIV TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE TO ESTABLISH THE RESIDENTIAL RENTAL PROPERTY INSPECTION PROGRAM THE CITY COUNCIL OF THE CITY OF SANTA ANA FOLLOWS: ORDAIN AS SECTION 1: That Chapter 8 of the Santa hereby amended by adding an article, to be of sections numbered 8-2700 through 8-2719 article reads as follows: Municipal Code is 'ed XIV, consisting thereto, which said ARTICLE XIV RESIDENTIAL RENTAL INSPECTIONS 8ec. 8-2700. Purpose The purpose of this artic is to promote public health, safety, and welfare through a of mandatory and systematic inspections of all residential properties within the City of Santa Ana on a four (4) ~ear cycle of inspection. The implementation of the prog] established by this article will promote environments in whi¢ unsanitary conditions and life safety hazards are reduced for o¢ )ants of residential rental property; inspection will ensure building systems providing water, sewage disposal, and electricity are safe and operational; and the program will owners of residential rental property to affect lairs and conduct preventative building maintenance before d ~ted conditions upon rental property reach gross ~ ~s. Sec. 8-2701. The ~ future dwellings, Sec. 8-2702 As u~ followinc 8o ' i Is of this article shall ~pply to all existi~P~and ~1 rental properties, ~ncludi~g ~~am~ly ni[y dwellings~~ Definitions 181 ,,Executive Director" means the Executive Director o: Planning and Building Agency of the city of Santa Ana or his designated representatlv . her "Initial permit date" means the date established section 8-2703 of this article by which an owner of rental property must obtain the first residential re] permit for that property. to !sidential occupancy "Occupant" means any person who occupies a owner, tenant, or permittee of the owner. whether as an "Owner" means the person in whom the to property is vested or that person's agent. "Person" means an individual, pa p, corporation or association, or the rental agent of ar of the foregoing. "Residential rental occupancy four (4) years issued to owners within the city. means a permit valid for residential rental property "Temporary residential valid for up to six (6) discretion of the Executive accordance with Sec. 8-2713 occupancy permit" means a permit issued to an owner, at the · ector or his or her designee, in this article. Bec. 8-2703 permit r Executive Director; notice of initial ~ment. The Executive Di~ a schedule whereby e~ city shall be requ:' permit within the this article. of city ~ article. As initial perm1 Director shall with obtain an residential further au forms :or is authorized and directed to establish owner of residential rental property in the to obtain a residential rental occupancy (4) year period following the adoption of Su schedule shall be based upon the availability to perform the inspections required by this ~sidential rental property which is assigned an date pursuant to this section, the Executive assure that owners of such property are provided notice of their initial permit date and the need to ~ection of their property in order to obtain a rental occupancy permit. The Executive Director is to establish rules, regulations, procedures and ;he implementation of this article. Sec. 8. ,04. Permit ,_, No p~rson sha~l ccc buil&ing, hous%ng, or unit for per it is re u r. until o, temporar residential rental ssue . 2 183 (b) No person shall occupy, or permit the occupation of any building for which a residential rental occupancy permit is required unless there is a current and valid residential rental occupancy permit or temporary residential rental occupancy perm1' in force. Sec. 8-2705. Time of permit requirement. The owner or the agent of the owner of any residenti~ rental property shall obtain a residential rental occupancy p from the Executive Director, in order to establish or to the occupancy of a residential rental unit(s) prior to tk time: (1) Set as the initial permit date pursuant section 8- 2703; or (2) The use of property as residential property is commenced; or (3) The structure or use of property residential rental property is expanded; (4) The date occurring four (4) ye~ from and after the date of adoption of this article; whichever first occurs. quadrennially. Thereafter permit shall be renewed Sec. 8-2706. Inspection. The Executive Director cause an inspection of the property specified in section '01 to be made for compliance with Chapter 41 of the Santa Municipal Code, and the Housing, Building, Electrical, and Mechanical Codes, and other ordinances related to the ~ealth and safety of residents. If the property is in complian with said codes and ordinances, the Executive Director sha issue a residential rental occupancy permit to the owner of ~id residential rental property. Sec. 8-2707. Owne: responsibility for inspection. Th? owner of ]~iat rental proper%y ~hal~~e\ for making they available f~n .eo. 0-2708/ Contents of permi~.~~,~ ~f approved, the residentia~rental o~cu~.a~9)~ptrmx5.~..~ state. 3~ 185 (1) The date of issue; (2) The legal use and occupancy of the unit; (3) The address of the building and/or unit; (4) The name of the owner to whom it is issued; (5) The certification that the unit complies provisions of applicable codes and ordinance (6) The expiration date. ith the and sec. 8-2709. Duration of permit. The residential rental occupancy permit four (4) year period commencing on the date permit unless earlier revoked. be issued for a the issuance of the See. 8-2710. Display of permit. The person to whom the Reside; Rental Occupancy Permit is issued shall display it in a con~ )lCUOUS place in the building to which it pertains so that it be seen by the residents of the building and any repre~ ti~e of the city with authority to enforce the provisions of article. Bee. 8-2711. Denial of it. No residential r occupancy permit shall be issued or renewed if: (1) The app incomp1 (2) _on or any required documentation is The )lication or any required documentation contains fal~ information; (3) owner or occupant of the property does not allow an )ection of the property to take place; The building is found not to comply with the codes and ordinances referenced in section 8-2706; and/or The owner has failed to pa ' s. ~ 187 Sec. 8-27L2. Notice of noncompliance. Where an inspection discloses such unit is not in compli with the applicable codes and ordinances, the Executive or his or her designee shall give written notice of each defici to the owner. No residential rental occupancy permit shall issued to the owner until all deficiencies are corrected. Sec. 8-2713. Temporary residential rental permit. The Executive Director or his or her desi. may issue a temporary residential rental occupancy permit f, a period of time not to exceed six (6) months provided that significant life safety hazards exist, and when the units question are in substantial compliance with applicable cod. and regulations, and the owner is determined to be making good efforts to correct minor code deficiencies. 8eo. 8-2714. Revooation of )ermit--grounds. A residential rental of the following causes: permit may be revoked for any (1) Fraud, willful mJ )resentation, or any willful inaccurate or false in any materials submitted in the applicati for a new permit, renewal of an existing permit in the information required to be submitted to this article; (2) Failure to any information required for a new permit or , (3) Failure pay any fees required pursuant to this article (4) to comply with any provision of applicable codes in section 8-2706 of this article. (5) Th. ~ation or maintenance of any public nuisance as d~ and regulated by Chapter 17 of this code. Sec. 8-2 . Notice of intent to- revoke._ (~ Whenever it is determine, d/ revo?~l~l~..\a resident L1 rental occupancy p~~.sary_,~~..~utl~ DireCtor or his or her desig~t~_ s~h~.~]~D~Y ~a%nO=ice o intent to revoke to the permi~ ~. ~ ~ % -- .189 (b) The notice of intent to revoke shall contain following information: (1) (2) (3) (4) The street address of the building which is the eot of the residential occupancy permit, the Res: Rental Occupancy Permit number, and the name of e owner to whom the residential occupancy permit was ; A statement of the reasons for the A statement that the permit holder intended revocation of the residential permit, to the Uniform Code Appeals appeal the occupancy A statement advising that, in of a properly filed appeal, the residential occupancy permit will be officially revoked on and time indicated in said statement, and that ~tinued occupancy of the affected unit(s) beyond designated date and time will constitute a misdemea] violation, prosecutable in a court of law. 8eo. 8-2716. Appeals. Any owner aggrieved Director or his or her the Uniform Code Appeals 4 of this code. determination of the Executive under this article may appeal to 'd in the manner provided in Section 8- Bec. 8-2717. Any permit compliance with (1) (2) (3) of permit. whi has been revoked may be reinstated upon following: The pe holder applies for a reinstated permit; The g or unit is inspected pursuant to Section 8- 270 of this article ; and, )ection by the Executive Director or his or her determ%nes that: (a) The conditions whxch resulted in t~.e~at%on of the permit have been. (b) The ~uilding or. unit .is~' comp~~ith\ all provisions, of ~~~?~ Any ~ee for required fees ha~ 191 Sec. 8-2718. Change of ownership--permit transfer. Transfer of a residential rental occupancy permit to owner is permitted during each four (4) year residential occupancy permit cycle; provided, however, that any new of residential rental property must file a notice of of ownership with the Planning and Building Agency, on approved form furnished by same, together with the of an administrative processing fee as adopted by resolutJ of the City Council. Sec. 8-2719. Fees. (a) The city council shall by resolut establish a fee to be charged annually to each owner of reside] rental property on a per unit basis, in an amount appropri, to cover the cost of administering and enforcing the prov of this article, including inspections, apart from covered by fees charge pursuant to subsection (b) of this se( on. Payment of such fees shall run with the land, not the The Executive Director of Finance and Management Services authorized to establish procedures for the collection of s~ fee. In the event that, for any reason, the fee imposed by subsection is held to be invalid as a fee, it is hereby a imposed as a general tax. (b) The city council reasonable administrative p services provided pursuant reinstatement fees; and tral also by resolution establish fees for the following this article: reinspection fees; of ownership fees. Bec. 8-2720. Violation Any person who vi any provision of this article or who fails or refuses to p~ the fee established pursuant to section 8- 2719 is guilty of a isdemeanor, and upon conviction thereof, is punishable as provl~ for in section 1-8 of this Code. Each day any said violation this article shall continue shall constitute a separate offense The commencement of criminal proceedings shall neither preclude nor abate administrative or civil actions to collect fees due this article. SECTION phrase or invalid or competent of the the City this or. phra If any section, subsection, sentence, clause, ~on of this ordinance is for any reason held to be nconstitutional by the decision of any court of [iction, such decision shall not affect t_~J~.,ua4~ity ] portions of this or~.y~c~i~, of f Santa Ana here~' ~a~i~z t]~a~t it woul~ ~ol~ted s nce and each si c~%~:~~_ ..on,~.~.~la~ se, portion thereof ii r~bk~T~fve of t~~na$ -any on, or 193 more sections, subsections, sentences, clauses, portions be declared invalid or unconstitutional. phrases, or SECTION 3: Neither the adoption of this repeal hereby of any ordinance shall in any prosecution for violation of ordinances, which committed prior to the effective date hereof, nc affecting any of the provisions of such ordinal nor the .ffect the ~tions were construed as relating to the collection of any such license or penalty o2 penal provision applicable to any violation thereof, nor to !fect the validity of any bond or cash deposit in lieu thereof ~ed to be posted, filed or deposited pursuant to any or~ and all rights and obligations thereunder appertaining continue in full force and effect. ADOPTED this of 1992. ATTEST: Daniel H. Young Mayor Janice C. Guy Clerk of the COUNCILMEMBERS: Young Pulido Acosta Griset McGuigan Norton APPROVED AS TO FORM: City Attorney 8