[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:
Any structure, landscaping, fence or other appurtenance of
the subject housing.
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.
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]
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.[1]
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.
[1]
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was repealed 7-10-2012 by Ord.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.
A.
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]
B.
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.
C.
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:
(1)
The name and address of the applicant.
(2)
The name and address of all owners of the property.
(3)
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]
(4)
The number of units in each dwelling and the address
of each of the non-owner-occupied unit(s).
(5)
The authorization appointing a responsible local agent
signed by both the owner and the responsible local agent.
(6)
The names, addresses and telephone numbers of the
tenants in each unit.
A.
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.
B.
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:
C.
Inspection requirements.
[Amended 6-14-2022 by Ord. No. 1326]
(1)
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 Chapter 225, Property Maintenance, including all amendments, as adopted by the Roseville City Council. An inspector or team of inspectors must request and receive consent from the non-owner occupant before entering the premises under this chapter.
(2)
The owner of the non-owner-occupied housing shall notify the non-owner
occupier of the City's request to inspect a housing property,
or housing unit, and shall make a good-faith effort to obtain the
non-owner occupant's consent for an inspection, and if the owner
obtains the non-owner occupier's consent for an inspection, shall
arrange for the inspection by the City.
(3)
The owner of a housing property, or housing unit, under this chapter
shall provide the City access to the housing property, or housing
unit, for inspection during reasonable hours, if any of the following
apply:
(a)
The lease authorizes an enforcing agency inspector to enter
the housing property, or housing unit, for an inspection.
(b)
The non-owner occupant has made a complaint to the enforcing
agency.
(c)
The housing property, or housing unit, is vacant.
(d)
The enforcing agency serves an administrative search warrant,
ordering the owner or non-owner occupant to provide access.
(e)
The non-owner occupant has consented to an inspection. If the
non-owner occupant is not present during the inspection, the City
may rely on the owner's representation to the enforcing agency
that the non-owner occupant has consented to the City's inspection.
D.
Revocation.
[Amended 1-27-2015 by Ord. No. 1277]
(1)
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:
(a)
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.
(b)
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.
(c)
Failure to take corrective measures in response to an incident of
disruptive conduct after having received a "Disruptive Conduct Report."
(d)
If it is determined that the owner or responsible local agent has
misrepresented or withheld information on the application for registration.
(2)
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.
E.
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.
F.
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.
A.
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.
B.
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.
A.
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.
B.
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]
A.
Occupants shall permit inspections by the Building Department, subject to the terms and conditions as set forth in § 202-4C.
[Amended 6-14-2022 by Ord. No. 1326]
B.
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; 6-14-2022 by Ord. No. 1326]
A.
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.
B.
Any person or entity other than the owner or non-owner occupant of
the property, including the responsible local agent, or a person/entity
causing the property to be in violation of this chapter shall be subject
to a civil infraction in the amount of $500. Each violation for each
property or unit shall constitute a separate offense, and each day
that a violation occurs shall count as separate and distinct offense.
