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)
"Exemption"
means an exemption from fees; and shall not mean any exemption
from inspection(s) and/or penalties due to noncompliance under this
chapter.
"Maintenance standards"
means the minimum required maintenance conditions of a residential
rental unit as outlined in this chapter and within the City's maintenance
standards checklist.
"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.
"Management entity"
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.
"Owner" and "property owner"
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.
"Residential rental unit(s)"
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.
"Residential rental unit class"
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.
"Responsible party"
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.
"Tenant or occupant"
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)
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)
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)
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)