[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
The purpose of this chapter is to ensure all nontransient rentals
comply with minimum property maintenance requirements, to preserve
the City's housing stock, to encourage proactive and preventive
maintenance of properties, to protect vulnerable tenants, and to promote
the health, safety, and welfare of the people of Avalon. It is hereby
declared to be the policy of the City of Avalon that it is in the
public interest of the people of Avalon 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.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
If any provision of this chapter is found to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, that
invalidity will not affect the remaining provisions of this chapter,
which can be implemented without the invalid provisions, and to this
end, the provisions of this ordinance are declared to be severable.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
As used in this chapter, the following terms and phrases are
defined as follows:
The Avalon Planning and Building Department.
The City's Director of the Planning and Building Department,
or his or her designee.
A residential rental property, where one or more residential
rental dwelling units are rented or offered for rent.
Any person who owns a nontransient rental, or a person who
has charge or control of nontransient rental as property manager.
Any natural person or legal entity, however formed, as well
as any trustee, heir, executor, administrator, receiver, or assign,
or any combination of such persons.
A building or portion of a building that is rented or leased
to tenants for residential purposes on a nontransient basis (when
one or more tenants reside on the property or rent or lease the property
for 30 consecutive days or longer). This shall include, without limitation,
single-family residences, duplexes, triplexes, apartment houses, townhouse
dwellings, condominiums, boardinghouses, lodging houses, rooming houses,
single room occupancy units, density bonus units, accessory dwelling
units, and sober living facilities in the City of Avalon.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
The provisions of this chapter apply to all nontransient rentals.
These provisions do not apply to:
(2)
Any residential rental dwelling unit occupied by
the owner; provided that any other dwelling unit on the property is
subject to the provisions of this chapter.
(3)
Any newly constructed dwelling unit, for a period
of five years from the issuance of a certificate of occupancy.
(4)
Multiple dwelling units, as defined in Los Angeles
County Code § 8.04.320, that are subject to routine inspection
by Los Angeles County Public Health.
(5)
Any residential rental dwelling unit that a 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 does not apply once
the governmental ownership, operation, or management regulation is
discontinued.
(6)
Mobile homes, or mobile home parks, or recreational
vehicles as defined in California Civil Code § 799.29, or
recreational vehicle parks.
(7)
Residential rental dwelling units 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;
in any boat or houseboat; 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.
(b)
An owner with units exempted from the scope of Subsection (a) above must provide the Director, on a form approved by the Director and accompanied by supporting documentation, a written declaration stating the facts supporting the claim of exemption from the provisions of this chapter. If the status of a unit exempted from this chapter as provided in Subsection (a) changes so that the unit is no longer exempt, the owner must notify the Department within 45 calendar days of the change of status.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
Any owner who operates a nontransient rental is required to
first obtain a City business license pursuant to Chapter 1 of Title
3 of this Code.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
The Director has the authority to administer and enforce this
chapter, including conducting inspections of nontransient rental properties,
buildings, units, and structures falling within the scope of this
chapter.
(b)
The Director may adopt supplemental regulations or policies
to implement and interpret this chapter, including prioritizing inspection
areas to implement the rental inspection program. These regulations
or policies must conform with the purpose of this chapter.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
Scope of Inspection. The Director is authorized to inspect nontransient
rental properties to assure compliance with all applicable state and
local laws or regulations relating to building, fire, safety, plumbing,
electrical, or health. Inspections may be periodic or complaint-based.
Any required repairs will be completed to the standards in the code
applicable to the time period the building was built.
(b)
Right of Entry. Whenever it is necessary to conduct an inspection
or perform any duty under this chapter, the Director is authorized
to enter any nontransient rental, building, unit, or structure falling
within the scope of this chapter, between 8:00 a.m. and 5:00 p.m.,
or any other agreed-upon time reached with the person in control or
possession of the property or unit.
(c)
Consent. If a residential rental dwelling unit is unoccupied,
the Director must seek consent to inspect from the owner. The owner
must make the nontransient rental property available for inspection.
If a residential rental dwelling unit is occupied, the Director must
seek consent to inspect from the occupant. A tenant has the right
to refuse consent for inspection in absence of an inspection warrant.
A tenant's refusal may not be imputed to the owner or form the
basis of any enforcement action on behalf of the City.
(d)
Inspection Notice.
(1)
Except when consent to inspect a residential rental
dwelling unit has been given by the owner or occupant, the City must
serve an inspection notice containing the following information:
a.
Name, address, and telephone number of the Planning
and Building Department.
b.
The purpose of the inspection.
c.
That failure to consent to the inspection will be
deemed a refusal of consent to a City inspection, and the City will
seek a court order authorizing entry and inspection of the property.
d.
Either a prescheduled date and time for the inspection,
or a deadline in which to schedule and undergo an inspection.
e.
In the event an inspection notice is issued to an
owner to inspect an unoccupied residential rental dwelling unit, that
failure of an owner to cooperate with the scheduling of the inspection,
is subject to denial, nonrenewal, suspension, or revocation of the
business license for the nontransient rental.
(2)
An inspection notice must be issued no less than
13 days in advance of any prescheduled inspection or inspection deadline.
Any rescheduling of a prescheduled inspection must occur no less than
five days before a scheduled inspection.
(e)
Inspection Warrant. If consent to conduct an inspection is refused
or cannot be obtained, the Director must secure entry to inspect the
premises by obtaining an inspection warrant under California Code
of Civil Procedure §§ 1822.50 through 1822.57. The
Director must provide notice that a warrant has been issued to both
the owner and any occupant at least 24 hours before the warrant is
executed, unless the judge finds that immediate execution is reasonably
necessary under the circumstances. But if the Director has reasonable
cause to believe that a residential rental dwelling unit subject to
this chapter is so hazardous, unsafe, or dangerous as to require immediate
inspection to safeguard the public health or safety, the Director
may immediately enter and inspect the premises by use of any reasonable
means to effect entry.
(f)
Frequency of Inspections. The Director will endeavor to inspect
all nontransient rentals within three years of the effective date
of this chapter. Except as otherwise provided in this chapter, the
Director must thereafter make a reasonable effort to inspect all nontransient
rentals once every three years after the initial inspection of a nontransient
rental.
(g)
Reinspections. If during any inspection there are building,
fire, safety, plumbing, electrical, or health violations on the property,
which prevent the City inspector from issuing an inspection certification,
one or more reinspections of the property may be required before an
inspection certification is issued. Any required repairs will be completed
to the standards in the code applicable to the time period the building
was built.
(h)
Inspection Report. Within 15 calendar days following any inspection,
the Director must prepare an inspection report. The report must detail
the findings of the inspection, or, where applicable, indicate that
the property owner has unreasonably prevented inspection after having
been duly provided notice of the inspection under this chapter. The
Director must timely submit the inspection report to the Finance Department
so a decision may be rendered on whether to issue, renew, suspend,
or revoke a business license for the nontransient rental.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
Upon the successful completion of an inspection of the nontransient
rental establishing that the property and its occupancy are in compliance
with all applicable state and local laws and regulations relating
to building, fire, safety, plumbing, electrical, and health, the Director
will issue to the owner an inspection certification verifying code
compliance and specifying a three-year time period during which the
certification will remain valid and during which the nontransient
rental is not subject to a periodic inspection under this chapter.
(b)
In lieu of an inspection completed by a City inspection pursuant
to this chapter, an owner may obtain an initial inspection certificate
upon a showing of proof that the owner obtained home insurance inspection
demonstrating the premises is in compliance with all applicable state
and local laws and regulations relating to building, fire, safety,
plumbing, electrical, and health. This alternative to a City inspection
is available to an owner only once, and only if the owner obtained
the home insurance inspection within the prior six months.
(c)
An inspection certification does not preclude code enforcement
or investigation on the property if during the inspection certification
period a code violation on the property is reported to the City or
otherwise observed by the City on the property.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
If upon completing an inspection of a nontransient rental, the
Director determines that a unit contains a violation of any applicable
state or local law or regulation relating to building, fire, safety,
plumbing, electrical, or health, as a courtesy before undertaking
formal code enforcement action, the Director must document the violation
and may issue a notice of noncompliance containing the following information:
(1)
The conditions found and the sections with which
the property is not in compliance;
(2)
A list of required corrections;
(3)
A reasonable amount of time to complete the corrections,
which shall not be less than 30 calendar days, as determined by the
City inspector in consideration of the: i) approximate time to correct
the condition; ii) the severity of the condition; and iii) the potential
or actual harm to any occupant, adjacent property, or the general
public;
(4)
A scheduled date for reinspection to verify correction
of any violation; and
(5)
Notice that additional inspections may incur additional
inspection fees pursuant to § 5-40.110 of this chapter.
(b)
Any request to extend the amount of time to complete the corrections
must be submitted by the owner to the Planning and Building Department
no later than two business days before the expiration of the compliance
period set forth in the notice of noncompliance. Any request for an
extension must be supported by proof of progress, mitigating factors,
or information showing good cause, A request for an extension may
be granted in the sole discretion of the Director; however, in no
event may the extension exceed 60 calendar days from the initial compliance
period deadline set forth in the notice of noncompliance.
(c)
A notice of noncompliance is a warning and is not separately
appealable. An owner may appeal any subsequent enforcement action
or decision only through the applicable appeals process provided for
the given enforcement process.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
There shall be no fee for any initial inspection of a nontransient
rental. If an owner fails the initial inspection, there shall be no
fee for any first reinspection of a nontransient rental. Each subsequent
reinspection under this chapter shall be accompanied by a fee in the
amount established by resolution of the City Council, which shall
be payable by the owner. The fee shall be used to defray the costs
of the administration and enforcement of this chapter. All fees are
nonrefundable. Any inspection fee required by this chapter is in addition
to and not in lieu of any general business license tax that may be
required by Chapter 1 of Title 3 of this Code. No tenant shall be
responsible for paying any fee under this section.
(b)
Failure to pay any inspection fees when due is a violation of
this chapter and will incur a $50 penalty on the first day of the
month following the due date, and an additional $50 each month thereafter
while fees remain unpaid; provided, however, that the amount of the
penalty may not exceed $500 total penalty.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
After a change of ownership of a property subject to the provisions
of this chapter, the new owner may notify the Director of purchase
of the property within 45 days of the ownership change by providing
legal documentation verifying the ownership change. If the Director
is so notified, the existing inspection certification for the nontransient
rental may transfer to the new owner for the remaining period of validity.
In such an event, the new owner may obtain a business license in reliance
on the existing inspection certification and need not obtain a new
inspection.
(b)
Removal of Posted Notices. It is unlawful for any person to
remove, alter, deface, tamper with, or alter the visibility of any
notice posted at the nontransient rental under this Code. If any posting
is removed or tampered with, it is the owner's responsibility
to promptly replace the notice.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
No owner, or owner's agent or representative may, with
respect to property used as a nontransient rental, willfully engage
in harassment of any tenant of a nontransient rental. As used herein,
harassment includes but is not limited to the following conduct:
(a)
Retaliation against a tenant because the tenant lawfully and
peaceably exercised any rights under the law, including the filing
of a complaint with the City related to the maintenance of any residential
rental dwelling unit.
(b)
Failure to perform and timely complete any necessary repairs
or maintenance;
(c)
Engaging in abusive conduct toward a tenant through the use
of words which are offensive and inherently likely to provoke an immediate
violent reaction;
(d)
Enticing a tenant to vacate a rental housing unit through an
intentional misrepresentation or the concealment of a material fact;
(e)
Threatening a tenant, by word or gesture, with physical harm;
(f)
Misrepresenting to a tenant that the tenant is required to vacate
a residential rental dwelling unit;
(g)
Engaging in any act or omission that interferes with the tenant's
right to use and enjoy the residential rental dwelling unit;
(h)
Refusing to acknowledge or accept receipt of lawful rent payments
as set forth in the lease agreement or as established by the usual
practice of the parties;
(i)
Engaging in any conduct intended primarily to vex, annoy, injure,
or intimidate a tenant. The conduct described in this subsection includes
any behavior explainable only or primarily by the intent and purpose
to vex, annoy, injure, or intimidate a tenant. The conduct described
in this subsection does not include conduct intended to communicate
ideas or beliefs to the public at large which has only an incidental
effect upon a person or persons.
[12-3-2019 by Ord. No.
1178-19, effective 1-2-2020]
(a)
Violation Unlawful. It is unlawful and declared a public nuisance
for any person to violate any provision of this chapter.
(b)
Referral to Code Enforcement. Whenever a violation has not been
corrected by the time specified for compliance, the Director may report
the violation for code enforcement.
(c)
Effect on Business License. Any owner's violation of this
chapter, including failure of an owner to cooperate with the scheduling
of the inspection, is subject to denial, nonrenewal, suspension, or
revocation of the business license for the nontransient rental. The
Finance Director must verify that the owner of a nontransient rental
has obtained an inspection certification before issuing or renewing
a business license.
(d)
Criminal Penalties. Any person who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of up to $1,000, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment, except the City Attorney may prosecute a violation of this chapter as an infraction, in his or her discretion, subject to the penalties in § 1-2.01 of this Code.
(e)
Administrative Citations. Nothing in this chapter prevents issuance
of an administrative citation for violations of the provisions of
this chapter, as set forth in Chapter 9 of this Code.
(f)
Civil or Equitable Enforcement. Nothing in this chapter prevents
the City Attorney from bringing a civil or equitable action, at his
or her discretion, to seek the abatement of any violation of this
code.
(g)
Ongoing Violations. Each and every day a violation is maintained,
caused, aided, abetted, concealed, suffered, or permitted is a separate
offense.
(h)
Remedies Cumulative. The remedies, procedures, and penalties
provided by this chapter are cumulative to each other and to any other
available under City, state, or federal law.
