This chapter shall be known as the Rental Housing Code Compliance Ordinance.
(Ord. 1413 § 1, 2001)
The purpose of this chapter is to ensure compliance with city code provisions governing substandard buildings and property maintenance in specific target areas that will be designated by the neighborhood improvement task force and approved by the city council, and to further the goals and policies of the neighborhood improvement oversight committee.
(Ord. 1413 § 1, 2001)
As used in this chapter:
means the city of Buena Park.
means the Buena Park Municipal Code.
means the director of community development or designated representative.
means two Buena Park property owners; two representatives from the apartment association of Orange County; two representatives from the local association of realtors; two representatives from the planning commission; and one tenant representative, that have the following responsibilities:
To advise the city council and director on matters of policy and implementation, including but not limited to assisting with the selection of designated areas and the establishment of program guidelines and inspection procedures;
To monitor and study the effectiveness of the program;
To maintain an on-going dialogue between residents and residential rental property owners within the city;
To advise on tenant and management education programs.
The two Buena Park property owners, two representatives of the planning commission, and one tenant representative shall be appointed by the city council. |
means those designated representatives from the city's various departments, including community development, economic development, police, fire, health, public works, parks and recreation, the city prosecutor's office, and the Buena Park convention and visitors' office that work toward developing and implementing strategies and policies designed to improve residential property values and appearance, reduce crime and blight, and limit the deterioration of housing stock through cooperation and enforcement between owners and the city.
means that person or entity, including a duly authorized agent, holding a vested interest in a given property and appearing as the legal owner of real property on the most current deed recorded in the Orange County recorder's office on the day of inspection.
means a specified geographic area within the incorporated city limits, which is so designated by the neighborhood improvement task force. The "target area" may be as small as a particular section of a residential street that exhibits specific problems that need to be corrected. Items such as deteriorated exterior conditions and excessive criminal activity, as determined in accordance with a selection and inspection policy established by the task force, shall form the basis for target area selections.
means a dwelling unit consisting of one or more rooms designed for occupancy by one family for nontransient living and sleeping purposes, containing a kitchen or a food preparation area for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the same dwelling unit. Any living areas which are designed for occupancy containing a bathroom and one or more habitable rooms with independent outside access shall be deemed a separate dwelling regardless of whether it is in the same building as or immediately adjacent to another dwelling unit.
(Ord. 1413 § 1, 2001)
The director may cause an inspection of the exterior of units, in accordance with the inspection policy established by the neighborhood improvement task force, to be conducted in designated target areas at least once annually for a maximum of three years to ensure compliance with the California Housing Code and California Building Code as adopted by the city and state and any other applicable provisions of the city code.
When inspection reveals a violation, the owner shall be provided with a written notice describing the violation, location, and a reasonable time for compliance.
(Ord. 1413 § 1, 2001)
There shall be imposed upon an owner of property, where an annual inspection is required, as set forth herein, and who receives a notice of violation of any provision of this code or any state law adopted and made a part thereof a reinspection fee in an amount established from time to time by resolution of the city council. Said fee shall be assessed for third and subsequent reinspections conducted pursuant to this section when the particular violation or violations for which a reinspection is scheduled is not fully corrected as directed by and within the time and manner specified in the notice. The fee shall not apply to any reinspection after service of the notice, if the owner has made a good faith effort to correct all violations as set forth in the notice of violation. This fee is intended to compensate for administration costs and not for enforcement of the law.
The city will, unless waived at the discretion of the director, charge an owner reinspection fees on the third and subsequent reinspections to a property for a specific violation. This fee is not applicable to annual inspections unless a third or subsequent visit to the property is required during the annual inspection process.
(Ord. 1413 § 1, 2001)
The city shall not charge any processing or notice and order fees for any violations found during inspections performed under this program.
(Ord. 1413 § 1, 2001)
If, after three annual inspections, a unit and the property have passed scheduled "exterior" inspection tests, then the unit and property shall become exempt from future annual inspections pursuant to this chapter. However, subsequent complaints or deterioration of the property could, upon review by the neighborhood improvement task force, require another three-year cycle of inspections. An exemption from the annual inspection requirements of the chapter does not exempt the property and/or units from any ordinary code enforcement actions or procedures.
(Ord. 1413 § 1, 2001)
The owner shall be notified of the date and time of reinspection and shall be responsible for making the property available for reinspection by the city. If the owner or tenant denies the city inspectors access to the property, then the city may pursue any remedy available to the city under the laws of the state of California, including but not limited to, obtaining an inspection warrant.
(Ord. 1413 § 1, 2001)
Any owner may appeal any notice and order to correct violations to the neighborhood improvement task force appeals board or pursuant to the provisions of the California Housing Code, as adopted by the state or as set forth in the city code. The neighborhood improvement task force appeals board shall be comprised of the city manager, one representative from the apartment association of Orange County (AAOC) who owns property in Buena Park, and one representative from the local association of realtors who owns property or does business in Buena Park.
(Ord. 1413 § 1, 2001)
Nothing herein contained shall prevent an owner of rental property or tenant from voluntarily requesting an inspection at any time for the purpose of determining whether the premises or tenant spaces comply with the law.
(Ord. 1413 § 1, 2001)