These regulations shall be known as the Residential Rental Unit
Inspection and Maintenance Code of the City of Stockton, herein referred
to as "this code."
(Prior code § 7-111.60)
The purpose of this chapter is to proactively identify blighted
and deteriorated housing stock and to ensure the rehabilitation or
elimination of housing that does not meet minimum building code and
housing code standards, exterior maintenance standards, and site maintenance
standards to attempt to create a healthy, safe, and crime-free environment,
and to further preserve and enhance the quality of life for residents
of the City living in residential rental units.
(Prior code § 7-111.61)
This chapter shall apply to all residential rental units. This
includes rooming and boarding houses that have three units or more
on one parcel or site. This chapter shall also apply to areas associated
with a residential rental building or rooming and boarding house,
including, but not limited to, parking lots, driveways, landscaping,
accessory structures, fences, walls, swimming pools, hot tubs, and
spas. Hotels, motels, bed and breakfasts, and similar occupancies
are specifically excluded from the requirements of this code.
(Prior code § 7-111.62)
means the City department head of the Code Enforcement Office.
means the City department that enforces and administers this
chapter.
means an exemption from fees; and shall not mean any exemption
from inspection(s) and/or penalties due to noncompliance under this
chapter.
means the minimum required maintenance conditions of a residential
rental unit as outlined in this chapter and within the City's maintenance
standards checklist.
means the checklist, as maintained by the Code Enforcement
Office, and required for entry into the optional self-certification
program as outlined under this chapter.
means any person(s), business entity, or group, responsible
for the oversight and day to day operations of the rental unit, including,
but not limited to, such duties as assisting tenant(s) with the application
process, repairs, procuring rent, and expediting the day to day operations.
have the same meaning and may be used interchangeably and
shall mean any owner(s), part owner, joint owner, or owners of record
of the subject real property as shown on the latest equalized tax
assessment role as maintained by the San Joaquin County Assessor,
or as otherwise known to the Chief Administrator of Code Enforcement.
means any property which is a single assessor parcel number
located within the City which is rented, regardless of size, square
footage, or any written lease agreement, and including the rental
of any single-family residence, apartment complex, duplex, triplex,
or multifamily housing.
means an approved four hour class that provides owners and
management entities an opportunity to become educated regarding all
aspects of property management including, but not limited to, tenant
selection, tenant rights, and property maintenance.
means any person responsible for causing, permitting, or
maintaining any violation of this Ordinance; and shall include, but
is not limited to, any tenant, owner, and/or management entity.
means any person who occupies the residential rental unit,
in whole or in part, whether alone or with others, regardless of any
lease agreement.
(Prior code § 7-111.63)
A.
Frequency of Inspections. Every residential rental unit shall be inspected not less than once every four years, except for those residential rental units that are participating in the residential rental inspection self-certification program or those residential rental units that qualify as exempt as defined in Section 8.32.120 of this code.
B.
Inspections—Conformance
with standards.
1.
The
Chief Administrator of Code Enforcement or his or her designee may
inspect residential rental units and their associated residential
rental units to determine whether such properties comply with applicable
provisions of State Housing Law, the Stockton Municipal Code, and
with all previous conditions of approval and agreements. Applicable
provisions of the Stockton Municipal Code include, but are not limited
to, the Uniform Code for the Abatement of Dangerous Buildings,; and
the exterior/interior maintenance standards as outlined in the residential
rental inspection self-certification program's maintenance standards
checklist.
2.
When
inspections are made, residential rental units shall be required to
be in conformance and maintained in accordance with the code that
was in effect at the time the residential rental unit was constructed,
except for any additional requirements mandated by the Stockton Municipal
Code or State Housing Law.
(Prior code § 7-111.64)
A.
Well-maintained residential rental units with no existing violations of State Housing Law or the codes listed in Section 8.32.050 above may qualify to participate in the residential rental inspection self-certification program. Eligibility requires the property owner or his or her designated management entity to conduct a self-inspection of all residential rental units, including exterior conditions and site conditions, and certify that conditions at the property achieve the interior and exterior standards listed on the residential rental inspection program's maintenance standards checklist; complete the self-certification affidavit; pay the first year of the self-certification fee and the required application fee in an amount established by resolution of the City Council. The Chief Administrator of Code Enforcement or his or her designee shall cause an inspection of approximately 10 percent of the residential rental units that self-certify to verify compliance, following the inspection, citation and reinspection procedures established by this chapter.
1.
Eligibility.
Based on the self-certification affidavit submitted exterior and interior
inspection were conducted by the property owner or designated management
entity. The property owner or designated management entity agrees
to immediately respond to known criminal or gang activity and contact
the City Code Enforcement Office when and if any resident resists
entry for the purpose of interior unit inspections for self-certification.
With each change of property ownership or management entities, the
subject property's eligibility expires for the City self-certification
program. To remain eligible, the property owner is required to complete
a current affidavit regarding property conditions, ownership, and
management entities within 30 days of any change. For qualifying participants,
the property owner or the designated management entity will be allowed
to remove the property from the City inspection program for a period
of four years, provided that the conditions do not deteriorate during
that time to the point where the property would no longer meet eligibility
maintenance standards for program participation as outlined in the
maintenance standards checklist.
B.
Renewal Self-Certification. A residential rental unit that successfully participated in the prior self-certification program is eligible to renew for the subsequent inspection cycle by completing the process outlined in subsection A of this section.
1.
Ineligibility.
If the Chief Administrator of Code Enforcement or designee determines
by review of the maintenance standards checklist and/or self-certified
affidavit that the exterior and/or interior inspections are not in
compliance, or as a result of an investigated complaint, that the
property owner has allowed the subject residential rental unit to
become out of compliance, the property owner will be cited as ineligible
to participate in the self-certification program. The property owner
shall be assessed a penalty and the full inspection fee, in amounts
established by resolution of the City Council. The property owner
will not be able to re-apply for the self-certification program until
the subject residential rental unit successfully passes an exterior
and interior inspection, or for a period of 12 months.
2.
Reinstatement. An owner/management entity that unsuccessfully participated in the prior self-certification program is eligible to immediately reinstate after the owner/management entity completes a City approved residential rental unit class, pays all penalties and fees due, and corrects all outstanding violations. The approved class will be a four hour course, which will review the self-certification program criteria; self-certification program affidavit; and maintenance standards checklist. Upon reinstatement, the owner/management entity will be subject to the ongoing inspection cycle by completing the process outlined in subsection A of this section. The owner/management entity will be allowed to reinstate only three times. If, after the owner/management entity has been reinstated three times and the Chief Administrator of Code Enforcement or designee determines by review of the maintenance standards checklist and/or self-certified affidavit that the exterior and/or interior inspections are not in compliance, or as a result of an investigated complaint, the subject residential rental unit is found out of compliance, the property owner will be cited as ineligible to participate in the self-certification program for four years.
C.
At all
times, the City shall retain the authority to investigate and address
any violation of State Housing Law and the Stockton Municipal Code.
D.
Any
residential rental unit that participates in the residential rental
inspection self-certification program may be removed from the self-certification
program at any time if it fails to meet all of the interior and exterior
standards outlined on the maintenance standards checklist.
E.
Any
structure and/or premises that do not comply with the provisions of
this section shall be subject to an inspection of all residential
rental units in the complex along with penalties and fees, in amounts
established by resolution of the City Council.
(Prior code § 7-111.65)
In addition to State Housing Law and the Stockton Municipal
Code, all residential rental units shall meet the exterior, interior,
and site maintenance standards as outlined in the City's residential
rental inspection self-certification program's maintenance standards
checklist.
(Prior code § 7-111.66)
A.
The
Code Enforcement Office shall mail a letter of intent to inspect a
residential rental unit to the property owner and any designated management
entity stating the date and time of inspection. Additionally, the
Code Enforcement Office shall post a notice in a conspicuous place
on each unit that is to be inspected. Such notification shall give
a minimum of 21 calendar days' notice.
B.
Should
the Code Enforcement Office cancel or re-schedule an inspection, the
Code Enforcement Office shall notify the tenant, property owner, and/or
designated management entity in writing within five business days
of the initial date of inspection. The residential rental units inspected
will be re-posted with the changed date of inspection.
C.
In the
event a property owner, designated management entity, or tenant in
possession of the property to be inspected refuses access to any residential
rental unit, the City Attorney is authorized to obtain from a court
of competent jurisdiction any warrant necessary to cause the inspection
to take place.
(Prior code § 7-111.67)
All property owners of residential rental units subject to a
Code Enforcement Officer inspection shall pay a fee in an amount established
by resolution of the City Council. The fee will be used to finance
the cost of inspection and enforcement. Should the property owner
fail to pay the required inspection fee, the City will recover it,
in addition to accrued interest and penalties, utilizing any remedies
provided by law including, but not limited to, nuisance abatement
or municipal tax lien procedures established by ordinance or State
law. This fee shall be known as the residential rental unit inspection
fee.
(Prior code § 7-111.68)
Upon inspection, the Code Enforcement Officer may instruct the
owner or the designated management entity to perform work, take action,
or refrain from action to verify compliance with said codes. If the
Code Enforcement Officer discovers upon reinspection that the work,
action, or inaction requested was not performed, the cited party shall
be charged a reinspection fee in an amount established by resolution
of the City Council. Should the cited party fail to pay the required
reinspection fee, the City will recover it, in addition to accrued
interest and penalties, utilizing any remedies provided by law including
nuisance abatement or municipal tax lien procedures established by
ordinance or State law.
(Prior code § 7-111.69)
The residential rental unit inspection fee shall be collected
annually. If the property owner of the residential rental unit to
be inspected fails to pay the residential rental unit fee, the property
owner shall be required to pay all applicable interest and penalties.
(Prior code § 7-111.70)
A.
Newly
Constructed Multifamily Residential Rental Units (four or More). Newly
constructed multifamily residential rental units shall be exempt from
this chapter for a period of five years from the date the certificate
of occupancy is issued by the Building Division. The exemption period
shall begin to run on the date the Building Division issues a certificate
of occupancy on multifamily residential rental units. Single-family
residential units will not be exempt.
B.
Subsidized
residential rental units shall be exempt from this chapter when annually
inspected by a government agency or entity.
C.
The
property owner shall lose this exemption and be assessed a penalty
and the full inspection fee in amounts established by resolution of
the City Council if the newly constructed multifamily residential
rental units, or the subsidized residential units do not successfully
pass an exterior and interior inspection.
(Prior code § 7-111.71)
A.
Notice
of Violation. Whenever the Code Enforcement Officer determines that
a violation of this chapter exists, the Code Enforcement Officer shall
give notice of violation and order to repair to the property owner
and the designated management entity. The notice shall be in writing
and shall describe, with reasonable detail, the violation so that
the property owner and the designated management entity has the opportunity
to correct said violation.
B.
Time
for Correction. The notice shall provide a reasonable time for correction,
ranging from 24 hours to up to 120 days, depending upon the severity
of the violation. The property owner or designated management entity
may request an extension of time, which may be granted if the Code
Enforcement Officer determines that substantial progress is being
made to correct the violation. Once an extension is granted, and the
residential rental unit is found to remain out of compliance for 30
days after the final reinspection of the granted final extension,
the Code Enforcement Office will send out a notice to the owner/management
entity that they are required to successfully complete a City-approved
four hour residential rental unit class. Certification that the residential
rental unit class was completed must be submitted to the Code Enforcement
Office within 30 calendar days after the notice to attend was mailed
by the Code Enforcement Office or a penalty will be assessed.
C.
Service of Notice. Notice shall be served in accordance with Section 1.04.080 of the Stockton Municipal Code.
D.
Building
Permits. If applicable, building permits for the correction of violations
shall be obtained as required by the California Building Code and
Stockton Municipal Code.
E.
Reinspections.
Reinspections will be conducted to verify that the violations identified
on the initial inspection have been corrected. Violations that were
not noted on the initial inspection report, but are discovered on
the reinspection due to subsequent damage or deterioration, shall
be subject to correction.
(Prior code § 7-111.72)
If, after a notice and order to repair has been issued, a property
owner designated management entity fails to correct the violation,
the City may utilize any administrative or legal remedy available.
Further, the City intends to utilize the provisions of Revenue and
Taxation Code Section 24436.5 to encourage the elimination of substandard
conditions in rental housing. Said section provides for the disallowance
for State income tax purposes of interest, depreciation, taxes, or
amortization deductions, which are derived from the ownership of rental
housing, which is not in compliance. The City is also authorized to
use the remedies set forth in State Housing Law and the Stockton Municipal
Code.
(Prior code § 7-111.73)
If any rental unit is found to be unsafe to occupy, the costs and expenses of relocation of any tenant from that residential rental unit shall be in accordance with Chapter 1.52 of the Stockton Municipal Code, regarding relocation benefits for displaced tenants.
(Prior code § 7-111.74)
Any person aggrieved by a determination of the Chief Administrator of Code Enforcement, or a determination regarding eligibility for participation in the self-certification program may appeal to the City for a hearing in accordance with Chapter 1.44 of the Stockton Municipal Code regarding administrative hearings. Any property owner of a residential rental unit aggrieved by the administrative order issued by the Hearing Officer of an administrative hearing may, under current code, appeal the decision to the Superior Court.
(Prior code § 7-111.75)
A seven member Rental Inspection Process Improvement Committee, with one member appointed by each Councilmember and the Mayor, shall be established to review the rental inspection process. The Committee's responsibilities shall include, but not be limited to, the review of: the effectiveness of the this chapter in terms of how well it is meeting the purpose stated in Section 8.32.020; the rental inspection and the self-certification processes; the self-certification program's review process; the appeal process; the implementation procedures; and the fees. The Committee will meet within six months after the adoption of the ordinance codified in this chapter and shall report their findings to the Legislative/Environmental Committee. The Committee shall report to the Legislative/Environmental Committee until such time as said ordinance is fully implemented. After implementation, the Rental Inspection Process Improvement Committee shall report their findings to the Community Improvement/Crime Prevention Committee.
The Committee will remain in existence until December 31, 2008,
unless extended by the City Council. They shall meet at least annually.
(Prior code § 7-111.76)
It is unlawful for a landlord to recover possession of a rental
unit in retaliation against a tenant for exercising his or her right
pursuant to State law.
(Prior code § 7-111.77)
