This chapter may be referred to as the "Rental Property
Inspection and Tenant Relocation Ordinance".
(Ord. 2715 § 1, 1993)
The city council finds and determines as follows:
A.
Some
rental units in Roseville have Health and Safety Code violations (including,
without limitation, violations of the Roseville Municipal Code, the
Building Code, Fire Code, and Housing Code) that breach the owner's
implied warranty of habitability, threaten the health and safety of
both the tenants and neighbors, and which tend to blight the surrounding
neighborhood. Often such code violations require the rental units
to be vacated to allow for extensive repairs.
B.
Rental
units with safety code violations commonly exhibit a much higher incidence
of nuisance abatement requests, graffiti violations and police and
fire calls (other than for medical purposes) than do other rental
units.
C.
Tenants
of substandard rental units suffer financial and other hardship when
required to vacate their housing because the owner fails to correct
the substandard conditions. Financial hardship arises because the
tenant generally needs a large sum of money to relocate, often including
first and last month's rent, deposits, moving expenses and utility
deposits for a new residence. Low-income tenants are generally unable
to obtain such sums and, as a result, are at risk of becoming homeless.
D.
It
is appropriate to require the owner of the substandard rental unit
to partially mitigate the tenant's hardship, since the hardship
arises from the owner's failure to comply with the law and fulfill
a landlord's obligations to the tenants.
E.
The
level of relocation benefit payments provided in this chapter is reflective
of, but less than, actual relocation costs likely to be incurred by
displaced tenants.
F.
Delayed
payment of relocation benefits may impose extreme hardship upon tenants
who themselves must obtain the large sums necessary to relocate. Delayed
payment may also result in the city expending city general funds or
other funds to provide tenants with financial assistance for relocation.
It is therefore appropriate to provide disincentives for delayed payment
of relocation benefits.
(Ord. 2715 § 1, 1993)
It is the purpose of this chapter to assure tenants their rental units are habitable and comply with the standards of all applicable codes. It is also the purpose of this chapter to provide relocation assistance to tenants from the owner if tenants are required to vacate their housing because the owner fails to maintain a rental unit in a habitable condition. Relocation assistance is not available where a tenant relocates pursuant to Roseville Municipal Code Chapter 16.07.
(Ord. 2715 § 1, 1993)
For the purposes of this chapter, the following definitions
apply:
means a tenant is displaced, or ordered to move out of a
rental complex by an order to vacate.
means a written notice sent by an authorized city official
to the owner and posted on the affected property declaring that, due
to failure to repair or maintain, the individual dwelling unit or
rental complex shall be vacated.
means the owner of the rental unit(s) at the time an order
to vacate is issued, as shown on the last equalized assessment roll,
and any successor in interest.
means any dwelling, apartment, dwelling unit, or room, including
but not limited to, any single-family residence, duplex, apartment
complex, residential hotel and condominium for which rent is paid.
This term shall also include mobile and manufactured homes whether
rent is paid for the home and the land upon which the home is located,
or the rent is paid for the land alone.
means any resident of an affected rental unit who is a tenant
as that term is used in Chapter 2 of Title 5 of Part 4 of the California
Civil Code (§§ 1940, et seq.).
means the date by which a tenant is required to vacate a
unit or structure, pursuant to an order to vacate.
(Ord. 2715 § 1, 1993)
A.
Inspections of rental units may be conducted by the chief building inspector pursuant to the Uniform Code for Abatement of Dangerous Buildings and the Uniform Housing Code as adopted in Chapter 16.04 in the following circumstances:
B.
Costs
of inspections pursuant to this chapter shall be determined pursuant
to Section 16.04.250, and unless otherwise provided, shall be paid
by the owner of the rental unit. Provided, that costs of inspections
initiated by tenant complaints shall be paid by the tenant, unless
the chief building inspector determines that a substandard condition
as defined in Section 503 of the Uniform Housing Code justifying the
complaint exists, in which case the cost shall be paid by the owner.
Costs of any reinspections necessary shall be paid by the owner. Any
unpaid costs owed by the owner may be charged as a lien against the
property.
C.
Management
quality standards justifying an inspection are:
1.
For
an individual residential unit, more than six police and/or fire calls
over a six-month period (other than medical emergency);
2.
For
a complex containing between two and four residential units, more
than a monthly average of one police and/or fire call per unit over
a six-month period (other than medical emergency);
3.
For
a complex containing more than four residential units, more than a
monthly average of 0.20 police and/or fire calls per unit over a six-month
period (other than medical emergency);
5.
Any
determination by the Health Officer that a pest vector is present;
6.
Any
violation of the Uniform Building Code or Uniform Housing Code relating
to maximum occupancy.
(Ord. 2715 § 1, 1993)
If a substandard condition is found during any inspection of a rental unit, the chief building inspector may issue a compliance order pursuant to Chapter 2.52.
(Ord. 2715 § 1, 1993; Ord. 3722 § 7, 2001)
If any notice and order issued under the Uniform Housing Code
or Uniform Code of Abatement of Dangerous Buildings requires the displacement
of a tenant from a rental unit, that tenant shall be paid relocation
benefits by the owner of the rental unit as provided by this chapter.
(Ord. 2715 § 1, 1993)
A.
Relocation
benefits shall be payable 10 days after the date the order to vacate
is first mailed to the owner or posted on the premises, or 20 days
prior to the vacation date set forth in the order to vacate, whichever
occurs later.
B.
Provided,
however, that if there are fewer than 10 days between the first posting
or mailing of the order to vacate and the vacation date, the relocation
benefits shall be payable within 24 hours before the vacation date.
The city shall attempt to provide telephonic or written notice to
the owner to notify the owner that benefits are payable immediately.
Failure to provide the notice as specified herein shall not relieve
the owner of any obligations imposed by this chapter.
(Ord. 2715 § 1, 1993)
The relocation benefits shall be a sum equal to twice the established
monthly rental rate for the dwelling unit being vacated by the displaced
tenant. The relocation benefits shall be paid in addition to the return,
as required by law, of any deposit held by the owner.
(Ord. 2715 § 1, 1993)
Any owner who does not make timely payment as specified in Section 16.05.080 shall be liable to the tenant for an amount equal to one and one-half times the relocation benefits payable pursuant to Section 16.05.090.
(Ord. 2715 § 1, 1993)
A.
No
relocation benefits shall be payable by the owner to any tenant who
has caused or substantially contributed to the condition giving rise
to the order to vacate as determined by the housing and redevelopment
manager.
B.
No
relocation benefits shall be payable by the owner if the rental unit
became unsafe or hazardous during the tenancy (and no more than six
months prior to the order to vacate) as a result of earthquake, flood,
fire, or other disaster not caused by building, plumbing, electrical,
mechanical or fire code violations.
(Ord. 2715 § 1, 1993)
The remedies hereunder are cumulative and in addition to any
other remedies available under law.
(Ord. 2715 § 1, 1993)
In any action brought by a tenant or the city to recover benefits
payable hereunder, the court shall also award reasonable attorney
fees.
(Ord. 2715 § 1, 1993)
Any order to vacate issued to an owner or tenant shall be accompanied
by a summary of the provisions of this chapter. Failure to provide
a summary shall not relieve any person of the obligations imposed
by this chapter.
(Ord. 2715 § 1, 1993)
The provisions of this chapter shall not apply to property owned
by the City of Roseville, the Roseville redevelopment agency, the
Roseville housing authority, the County of Placer, the State of California
or any other governmental agency.
(Ord. 2715 § 1, 1993)
Notwithstanding any other provision of law, nothing in this
chapter is intended to impose a mandatory duty pursuant to Government
Code Section 815.6 upon the chief building inspector or any other
public official.
(Ord. 2715 § 1, 1993)
If any section, sentence, clause, phrase, part, or portion of
this chapter is for any reason held to be invalid or unconstitutional
by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this chapter. It is declared
that this chapter and each section, subsection, sentence, clause,
phrase, part, or portion thereof, would have been adopted or passed
irrespective of the fact that any one or more sections, sentences,
clauses, phrases, parts, or portions be declared valid or unconstitutional.
(Ord. 2715 § 1, 1993)
