[HISTORY: Adopted by the City Council of the City of Roseville 6-24-1997 by Ord. No. 1096 (Ch. 226 of the 1984 Code). Amendments noted where applicable.]
[Amended 7-10-2012 by Ord. No. 1252]
The provisions of this chapter are to maintain quality structures for the public health, safety and welfare. This chapter establishes safeguard controls for non-owner-occupied residential structures and accessory uses within the City of Roseville.
As used in this chapter, the following terms shall have the meanings indicated:
- ACCESSORY USE
- Any structure, landscaping, fence or other appurtenance of the subject housing.
- CERTIFICATE OF COMPLIANCE
- The certificate issued by the City of Roseville Department of Buildings and Inspection evidencing compliance with this chapter at the time of issuance. The issuance of a certificate of compliance may not be relied upon by third persons as evidence of the condition of the premises.
- CERTIFICATE OF REGISTRATION
- The certificate issued by the City of Roseville Department of Buildings and Inspection registering housing pursuant to this chapter.
- Non-owner-occupied single-family residential structures,
multifamily residential structures, condominiums, and their accessory
uses. The classification by the City Assessor shall be presumptive
evidence of the type of housing unit defined herein.[Amended 7-10-2012 by Ord. No. 1252]
- HOUSING UNIT
- Any room or group of rooms located within any dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
- Residential structures in which the owner does not occupy all housing units contained in the structure and/or structures where the owner is receiving less than 100% homestead credit on the homestead property list of the City Assessor. It shall be prima facie evidence of non-owner-occupied housing if such housing is not on the homestead property list of the City Assessor.
- RESPONSIBLE LOCAL AGENT
- A natural person designated by the owner, in writing, by all owners and the responsible local agent who has authorization to control and care for the housing subject to the provisions of this chapter to perform functions pursuant to this chapter on behalf of the owner.
Editor’s Note: The former definition of "one- and two-family residential structures," which immediately followed this definition, was repealed 7-10-2012 by Ord. No. 1252.
The owner of any housing shall register with the City of Roseville Department of Buildings and Inspection each housing property and all dwelling units contained within each housing property. Within 30 days of the signing of a rental agreement or lease with an occupant who is a non-owner, the owner shall submit an "Occupant’s Report" to the assessing department. Such report shall contain the property location, the contact information of the owner, manager, occupant(s), and the start date for the term of the agreement.
[Amended 1-27-2015 by Ord. No. 1277]
Any owner of housing shall designate a person as the responsible local agent who shall be legally responsible for operating the registered housing property or housing unit(s) and shall also be responsible for providing access to such premises for making the inspections necessary to ensure compliance with the terms of this chapter and all applicable codes and ordinances adopted by the City of Roseville. No post office boxes shall be accepted as a legal address.
A certificate of registration shall be issued by the City of Roseville Department of Buildings and Inspection if the registration provisions of this chapter are complied with. Registration forms shall be available at the City of Roseville Department of Buildings and Inspection with instructions as may be provided by the Code Enforcement Official and, at a minimum, shall include the following information:
The name and address of the applicant.
The name and address of all owners of the property.
The name, address, telephone number, date of birth and driver's license number of the responsible local agent, who shall reside no more than 25 miles from the City’s boundaries to accept process and act as the landlord’s agent on all matters involving the property. Said agent must maintain an office within 25 miles of the City’s boundaries.
[Amended 1-27-2015 by Ord. No. 1277]
The number of units in each dwelling and the address of each of the non-owner-occupied unit(s).
The authorization appointing a responsible local agent signed by both the owner and the responsible local agent.
The names, addresses and telephone numbers of the tenants in each unit.
Certificate of compliance required. No person shall lease, rent or cause to be occupied a housing unit required to be registered and/or housing unless there is a valid certificate of compliance issued by the City of Roseville Department of Buildings and Inspection in the name of the owner(s)/responsible local agent issued for the specific housing property or housing unit. The certificate of compliance shall be displayed in a conspicuous area in each dwelling unit at all times or in a common area shared by all occupants of housing. Provided that the housing unit or housing property is in compliance with this chapter after inspection, the certificate of compliance shall be issued by the City of Roseville Department of Buildings and Inspection. A certificate of compliance shall be valid for a period of three years from the date of issuance. A certificate of compliance can be renewed by reinspection only.
Certificate of compliance form. A certificate of compliance shall be issued in such form and in accordance with such instructions as may be provided by the City of Roseville Department of Buildings and Inspection and shall include the following information:
Inspection requirements. All registered housing inspected for the purposes of issuing a certificate of compliance shall be issued a certificate of compliance if said property is in compliance with the Chapter 225, Property Maintenance, including all amendments, as adopted by the Roseville City Council.
[Amended 1-27-2015 by Ord. No. 1277]
A certificate of compliance may be revoked by the City for any violation of the provisions of the Code of Ordinances for the City of Roseville, or the requirements of this chapter, including but not limited to the following:
Permitting an occupant to remain in a non-owner-occupied housing unit which has failed an inspection for a period in excess of 60 days.
In the event an occupant is convicted of a third disruptive conduct violation within a licensed year, the owner shall evict the occupant and not allow the occupant to re-let the premises. Failure to do so shall result in revocation.
Failure to take corrective measures in response to an incident of disruptive conduct after having received a "Disruptive Conduct Report."
If it is determined that the owner or responsible local agent has misrepresented or withheld information on the application for registration.
Authority to revoke is vested in the City of Roseville Building Department’s Director or his or her designee and shall be effective immediately upon service of written notice. Service of that notice of revocation shall be by either personal service or by certified mail, return receipt requested, upon the owner or responsible local agent.
Conditional certificate of compliance. In the event, for any reason, an owner requests that a certificate of compliance be issued prior to complete compliance with the provisions of this chapter, and if the absence of complete compliance does not, in the judgment of the Code Enforcement Official, constitute a material health or safety hazard, a conditional certificate of approval may be issued upon the condition that complete compliance be achieved within a reasonable time specified by the Code Enforcement Official, but not more that 90 days for good cause. In the event of issuance of a conditional certificate of compliance, the owner shall notify the City of Roseville Department of Buildings and Inspection by or before the time period specified for achieving compliance that compliance has been achieved. A certificate of compliance shall then be issued if the Code Enforcement Official determines compliance after inspection.
Bonds. The City of Roseville Department of Buildings and Inspection shall have the authority to require submission of a cash bond in the amount not to exceed $1,000 as determined by the City of Roseville Department of Buildings and Inspection Director or his/her designee prior to issuance of a conditional certificate of compliance, in the event that the Department agrees to extend the time for compliance or in the event that the inspection of the housing after the time set forth for compliance has expired reveals that all deficiencies have been corrected. The bond or any moneys deposited as same shall be refunded within 30 days after the certificate of compliance is issued without interest.
An owner shall have the right to appeal any order to repair, nonissuance of a certificate of compliance or revocation to the Property Maintenance Code Board of Appeals. Such appeal shall be made in writing to the Property Maintenance Code Board of Appeals within 14 days of the date of the notice of defect/inspection report and shall detail the nature of the appeal. The Board of Appeals shall thereafter convene within 14 business days for the purpose of hearing the appeal and shall render a decision within five business days of the hearing. The Board of Appeals shall be permitted, but not required, to inspect the subject premises and defects. The filing of the appeal shall be construed as permission by the owner for the Board of Appeals to enter the premises for such inspection. A nonrefundable fee shall be paid at the time of filing the appeal.
The owner of registered housing shall correct such deficiencies within 60 days of the date of notice of same or the decision of the Board of Appeals. Failure by the owner to cause the housing unit or housing property to be repaired or refurbished in compliance with the minimum standards of this chapter as determined by the Code Enforcement Official, after having received notice as provided herein and within the time allowed for such compliance, shall be deemed a violation of this chapter.
Transfer of certificate of compliance. New owners of registered housing shall register in their names, in accordance with this chapter, and apply to have the certificate of compliance for each unit or property transferred into the new owner's name within 10 days of the date of the transfer of ownership. A fee shall be paid at the time of registering the transfer.
Unlawful transfer of ownership. It shall be unlawful for any owner of non-owner-occupied housing, subject to the provisions of registration, who has received a notice of violation, to transfer, convey, lease or sell, including sale by land contract, his/her ownership and/or interest in any way to another, unless such owner shall have first furnished to the grantee, lessee, vendee or transferee a true copy of any notice of violation and shall furnish to the City of Roseville Department of Buildings and Inspection a signed and notarized statement from the grantee, lessee, vendee or transferee acknowledging their receipt of such notice of violation.
[Added 1-27-2015 by Ord. No. 1277]
Non-owners shall be subject to the following regulations:
Occupants shall permit inspections by the Building Department upon 24 hours notice, either written or oral.
Occupants shall not engage in, nor tolerate, nor permit others on the premises to violate any federal laws, or state laws regarding the illegal use, manufacture, or sale of narcotics, or unlawful use of firearms. Misdemeanor and felony arrests shall be the basis for immediate occupant eviction proceedings, or rental license revocation.
Occupants shall recognize all health and safety regulations, and not disturb adjacent or nearby dwellings, neighbors, or property owners.
Any police investigation of an alleged incident of disruptive conduct (defined as any conduct, action, incident, or behavior perpetrated or permitted by any occupant or visitor of a non-owner occupied unit that violates City ordinances, state law or federal law), the police department may prepare a “Disruptive Conduct Report” which shall be forwarded to the Building Department or the City Attorney’s office for review. The Building Department or City Attorney’s office shall forward a copy of the report to the owner. Failure by the owner to take corrective measures may result in revocation of the certificate of occupancy.
[Amended 7-27-1999 by Ord. No. 1125]
A fee shall be paid at the time of registration, payable to the City of Roseville-Rental Registration Fund. Any fees payable pursuant to this section are specifically earmarked for the enforcement of the provisions of this chapter. Inspection and registration fees are to be charged as provided in Chapter 133, Fees, of the Code of the City of Roseville.
Any City of Roseville Code Enforcement Officer, Department of Buildings and Inspection official, employee of the Department of Public Works, firefighter and police officer are authorized to issue appearance tickets to those who fail to comply with any of the requirements of this chapter.
[Amended 7-27-1999 by Ord. No. 1125]
Any owner of non-owner-occupied housing who fails to register his/her property or units or who fails to obtain a certificate of compliance for each property or unit or who fails to comply with any of the requirements of this chapter shall be punished as provided in Chapter 1, General Provisions, Article I. Each violation for each property or unit shall constitute a separate offense.