This chapter shall be known as “Property Owner Obligations
with Respect to Tenants Displaced from Unsafe or Substandard Units.”
(Ord. 1584 § 2, 2019)
For the purposes of this chapter, the following words and phrases
shall have the meanings set forth herein:
“Code enforcement activities”
are activities initiated by the city of South San Francisco
to determine the condition and/or legal conformity or nonconformity
of a dwelling and to require the property owner to make necessary
repairs to the dwelling, to vacate the dwelling, or to take other
action as necessary to bring the dwelling into compliance with applicable
state or local zoning, building, and/or housing standards, and/or
other technical codes adopted and enforced by the city for existing
residential properties.
“Declaration of substandard condition”
means a declaration, notice, or order executed by an enforcement
officer under the authority of the applicable provision of law declaring
that a dwelling is substandard to an extent that endangers the life,
limb, health, property, safety, or welfare of the public or the occupants
thereof, or as otherwise amended by California
Health and Safety Code
Section 17920.3.
“Dwelling”
means any structure that a person uses as a place of permanent
or customary abode within South San Francisco city limits, including,
but not limited to, a single-family dwelling, a unit in multifamily
or multipurpose dwelling, a unit of a condominium or cooperative housing
project, a mobilehome, a garage or shed, or any other unit or property
that is considered to be real property under State law. A dwelling
is any structure that is actually used for residential purposes regardless
of whether the structure is decent, safe or sanitary and regardless
of whether the actual residential use is legally permitted or conforming
under any applicable laws or regulations.
“Department”
means the economic and community development department.
“Director”
means the head of the department, or his or her designee.
“Enforcement officer”
means city employee or agent of the city whose position requires
enforcement of any provision of the city of South San Francisco Municipal
Code, any city ordinance or any State law or regulation related to
zoning, building or housing standards, and/or other technical codes
adopted by the city for existing residential properties including,
but not limited to, code enforcement officers, building officials
and environmental health specialists.
“Noncomplying dwelling or room”
means a dwelling or room within South San Francisco city
limits which has been found or determined by an enforcement officer
to be substandard or otherwise not in conformity with applicable state
or local zoning, building and/or housing standards and/or other technical
codes adopted and enforced by the city for existing residential properties;
and “noncomplying condition” or “noncompliance”
means any physical condition or use with respect to the dwelling or
room that contributes to such finding or determination.
“Notice to abate life-threatening condition”
means a notice and/or order to abate a substandard or noncomplying
condition issued by the city pursuant to its code enforcement activities,
however such notice or order is denominated, that indicates on its
face that a life-threatening condition is present.
“Notice to vacate”
means a notice and/or order, however denominated, issued
by the city or a court to a property owner and/or a tenant household
pursuant to the city’s code enforcement activities requiring
that a dwelling or room be vacated, either immediately pursuant to
state law, or at some future specified time, as a result of a determination
that such dwelling or room fails to comply with applicable building,
housing, zoning, or other code standards. For purposes of this chapter,
a “notice to vacate” includes a complaint or action filed
by the city with a court and served on the property owner pursuant
to the city’s code enforcement activities whereby the city asks
for vacation of the property as requested relief.
“Permanent displacement”
means the vacating of a dwelling or room by a tenant household
due to code enforcement activities when that dwelling or room (or
an equivalent dwelling or room in the building or complex), in the
judgment of the enforcement officer, cannot foreseeably be brought
into code compliance or will not otherwise be available for re occupancy
by the tenant household within ninety days from the date of vacating;
or when the tenant household and the property owner have agreed that
the displacement shall be permanent.
“Property owner”
means a person, persons, corporation, partnership, limited
liability company, or any other entity holding fee title to the subject
real property. In the case of multiple ownership of the subject real
property, “property owner” means each entity holding any
portion of the fee interest in the property and the property owner’s
obligations in this chapter shall be joint and several as to each
property owner.
“Room”
means an unsubdivided portion of the interior of a dwelling
in the city which is used for the purpose of sleeping, and is occupied
by a tenant household for at least thirty consecutive days. This includes,
but is not limited to, a single room occupancy (SRO) living space.
This definition applies to any space that is actually used for residential
purposes regardless of whether the structure is decent, safe or sanitary
and regardless of whether the actual residential use is legally permitted
or conforming under any applicable laws or regulations.
“Temporary displacement”
means the vacating of a dwelling or room by a tenant household
due to code enforcement activities when that dwelling or room (or
an equivalent dwelling or room in the same building or complex) will
foreseeably be brought into code compliance and be available for re-occupancy
by the tenant household within ninety days from the date of vacating;
or when the tenant household and property owner have otherwise agreed
that the displacement shall be considered temporary.
“Tenant household”
means one or more individuals who rent or lease a dwelling
or room as their primary residence and who share living expenses.
(Ord. 1584 § 2, 2019)
Any notice from a property owner to an eligible tenant household
to vacate or quit a dwelling or room following the issuance by city
of a notice to vacate, notice to abate a life-threatening condition,
or declaration of substandard condition must set forth the reasons
for the need to vacate, the tenant household’s entitlement to
relocation payments from the property owner, the tenant household’s
right to re occupancy following completion of repairs (if the property
is one to be repaired), and the estimated date for re-occupancy. The
property owner shall send a copy of all notices to the enforcement
officer.
(Ord. 1584 § 2, 2019)
Any person violating any provision or failing to comply with
any of the requirements of this chapter shall be guilty of an infraction
and shall be punishable by the following:
(a) A
fine not exceeding one hundred dollars for a first violation;
(b) A
fine not exceeding two hundred dollars for a second violation;
(c) A
fine not exceeding three hundred dollars for each additional violation
within one year;
(d) Each
person shall be guilty of a separate offense for each and every day
during any portion of which said violation is committed.
(Ord. 1584 § 2, 2019)
If any provision of this chapter is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, the remaining
provisions of this chapter shall not be invalidated.
(Ord. 1584 § 2, 2019)