The City Council finds and declares as follows:
A. 
That there exists in the City of Claremont, substandard residential buildings and dwelling units, the physical conditions and characteristics of which are such as to be detrimental to or jeopardize the health, safety and welfare of their occupants and of the public.
B. 
That the existence of such substandard residential buildings and dwelling units:
1. 
Threatens the physical, social and economic stability of surrounding residential buildings and areas, and of their supporting neighborhood facilities and institutions.
2. 
Necessitates disproportionate expenditures of public funds for law enforcement and remedial action.
3. 
Impairs the efficient and economical exercise of governmental powers and functions.
C. 
That the business of operating rental dwelling complexes as defined herein, has resulted in instances of absentee landlords and/or off-site managers, which, in turn, has increased the likelihood of instances of substandard buildings and dwelling units, health violations and crime, all of which are a public nuisance.
D. 
For these reasons, it is hereby declared to be the policy of the City of Claremont:
1. 
That it is in the public interest of the people of the City of Claremont to protect and promote the existence of sound and safe residential buildings, dwelling units and neighborhoods by the adoption and enforcement of such standards, regulations and procedures as will remedy the existence or prevent the development or creation of dangerous, substandard, or unsanitary and deficient residential buildings and dwelling units; and
2. 
That the adoption of this chapter, related to the licensing of rental dwelling complexes, is in the interest of the health, safety and welfare of the people of the City of Claremont.
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For purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section. Words used in the present tense include the future tense, plural words include the singular, and singular words include the plural. Words not specifically defined shall be given their common and ordinary meaning.
"Applicant"
means the owner, or the owner's authorized representative, applying for a license pursuant to this chapter.
"City Council"
means the City Council of the City of Claremont.
"Director"
means the Director of Community Development for the City of Claremont.
"License"
means the multifamily rental license issued for a rental dwelling complex pursuant to this chapter. "Licensee" means the person issued a license pursuant to this chapter.
"Owner's authorized representative"
means any person authorized by a written statement signed by the owner to act on the owner's behalf in regards to an owner's rental dwelling complex.
"Person"
means any individual, firm, co-partnership, corporation, company, association, organization, joint stock association or body politic; and includes any trustee, receiver, assignee or other similar representative thereof.
"Rental dwelling complex"
means an apartment community with ten or more residential units that are rented or leased, in whole or in part, for 30 consecutive days or greater in any consecutive 12-month period.
"Subject property"
means the underlying real property where the rental dwelling complex is located.
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The provisions of this chapter shall not apply to:
A. 
Housing accommodations in any hospital; state licensed community care facility; convent, monastery, or other facility occupied exclusively by members of a religious order; extended medical care facility; asylum; on-campus fraternity or sorority houses; or on-campus housing accommodations owned, operated or managed by an institution of higher education, a high school, or an elementary school for occupancy by its students.
B. 
Housing accommodations which a federal, state or local government unit, agency or authority owns, operates, or manages, or which are specifically exempted from municipal regulation by state or federal law or administrative regulation. This exception shall not apply once the governmental ownership, operation, or management regulation is discontinued.
C. 
Mobilehomes, mobilehome parks, recreational vehicles as defined in Health and Safety Code Section 18010, or recreational vehicle parks.
D. 
Single-family dwellings.
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On and after October 11, 2012, every person who owns a rental dwelling complex shall procure and maintain a license from the City, which license shall authorize the person to operate the rental dwelling complex.
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A license issued under this chapter shall terminate at the expiration of one year from the date of its issuance unless renewed pursuant to Section 8.32.070(D) or revoked prior to said termination pursuant to Section 8.32.090.
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A license issued under this chapter is non-transferable both as to the location(s) and as to the person holding the license. When the owner of the rental dwelling complex procures such a license, any other person who conducts, manages or carries on such business as owner's authorized representative, is not required to obtain an additional license; however, the owner's authorized representative must verify that a valid license has been issued and is in effect at all times while operating the rental dwelling complex.
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A. 
Application for License. The applicant for a license shall provide to the Director, on a form prepared by the City, the following information:
1. 
The name, address, and telephone number of the owner of the rental dwelling complex.
2. 
The name, address, and telephone number of the applicant, if the applicant is the owner's authorized representative, and a copy of the owner's written and signed authorization.
3. 
An emergency telephone number to contact the owner and/or the owner's authorized representative. A confidential/non-business 24-hour contact telephone number, designated by the owner and/or the owner's authorized representative as confidential, shall be treated as confidential by the City.
4. 
The location and address of the rental dwelling complex.
5. 
A description of the size and character of the rental dwelling complex, including, but not limited to, the number of units, the number of bedrooms/bathrooms in each unit, and a description of any other facilities on the subject property.
6. 
A certification signed by the owner or owner's authorized representative under penalty of perjury that to the best of their knowledge and belief on the date of application, each unit in the rental dwelling complex identified in the application complies with the requirements of Section 8.32.070(B).
7. 
Any other information deemed necessary by the Director in carrying out the provisions of this chapter.
B. 
Standards of Operation. As a condition to the issuance or renewal of a license under this chapter, the owner, and the owner's authorized representative (if any), shall be responsible for complying with the following standards:
1. 
Each unit in the rental dwelling complex and the subject property shall be in compliance with all applicable laws.
2. 
Each unit in the rental dwelling complex and the subject property shall be in compliance with all applicable provisions of this Code.
3. 
Each unit in the rental dwelling complex and the subject property shall not be operated, conducted or maintained so as to constitute a public nuisance.
4. 
The owner or owner's authorized representative shall develop a corrective action plan with the Claremont Police Department if criminal activity has developed on the subject property that jeopardizes the health, safety and welfare of the occupants of the rental dwelling complex as determined by the Chief of Police.
5. 
A smoke detector(s) and a carbon monoxide detector shall be installed and maintained in each unit in a rental dwelling complex in accordance with the manufacturer's instructions, as provided by State law and regulations.
6. 
The exterior of each rental dwelling complex and the subject property will be inspected at least once each year by members of the Community Development Department, checking for compliance with the Claremont Municipal Code.
7. 
The owner or the owner's authorized representative shall give one copy of the publication "Renting, A User Manual" to the renters of each rental unit. This publication is published by the California Apartment Association and will be available free of charge to owners or their representative at Claremont City Hall. The renters will acknowledge receiving the publication by initialing a note of receipt on their rental agreement. The rental agreement shall be made available for inspection upon the request of a representative of the City.
8. 
The owner or the owner's authorized representative(s) shall be available in person, by telephone, by telephone answering machine, or by other electronic messaging device to authorized representatives of the City on a 24-hour, seven days a week, basis to receive emergency calls regarding the condition and/or operation of the rental dwelling complex. Failure to respond to calls in a timely and appropriate manner may result in revocation of the license. For purposes of this section, responding in a timely and appropriate manner shall mean that:
a. 
A response to an initial call shall be made in a prompt and timely manner for the purpose of acknowledging the call and communicating a preliminary plan for any necessary corrective action; and
b. 
Within 30 calendar days of the initial call, any necessary corrective action to address any violation of this chapter shall be completed, unless:
i. 
Failure to complete the necessary corrective action may jeopardize the health and safety of the occupants, in which case the corrective action shall be completed as quickly as reasonably possible; and/or
ii. 
The Director determines that additional time to complete the corrective action was reasonable, based on licensee's demonstration that the delay was not caused by the licensee, and the delay was caused by extraordinary circumstances that justify an extension of time to complete the corrective action.
C. 
License Application Fee. The City Council may establish a license fee by resolution which shall accompany all applications for a license, including applications to renew a license, issued under this chapter.
D. 
Renewal of License. Prior to the expiration of the license, an applicant shall renew a license issued pursuant to this chapter following the same procedures stated in this section. To ensure City review of an application for renewal prior to expiration of a license, an application to renew must be provided to the Director at least 30 days prior to the expiration of the license. However, no application for renewal of a license shall be accepted earlier than 90 days prior to the expiration of the license.
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A. 
The Director shall not issue or renew a license under this chapter unless and until the Director has received a correct and complete application and the appropriate license fee.
B. 
No license shall be issued or renewed if the Director determines that the rental dwelling complex or the subject property is not in compliance with any provision of this chapter.
C. 
In the event that the application to issue or renew a license is denied, the Director shall cause a "notice of denial" to be mailed by registered mail, postage prepaid, to the applicant at the applicant's mailing address shown on the most recent application or otherwise filed by the applicant with the Director. Service may also be made by personal service on the applicant or by leaving the notice at the applicant's residence or business in the custody of a person over the age of 18 years of age or older. Any person denied a license pursuant to this chapter shall not rent any vacant unit in the rental dwelling complex until a license is issued. An applicant may appeal the denial to the City Council as provided in Section 8.32.100.
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A. 
A license issued under this chapter may be revoked by the Director upon one or more of the following grounds:
1. 
That the licensee practiced fraud or deceit in obtaining a license under this chapter.
2. 
That the licensee violated any provision of this chapter.
3. 
That the rental dwelling complex and/or subject property upon which the rental dwelling complex is located is not in compliance with any provisions of this chapter.
4. 
That the license was issued in error.
B. 
In the event that a license issued under this chapter is revoked, the Director shall cause a "notice of revocation" to be mailed by registered mail, postage prepaid, to the licensee at the licensee's mailing address shown on the most recent application or otherwise filed by the licensee with the Director. Service may also be made by personal service on the licensee or by leaving the notice at the licensee's residence or business in the custody of a person 18 years of age or older. Any person whose license to operate a rental dwelling complex is revoked pursuant to this chapter, shall not rent any vacant unit in the rental dwelling complex until the license is reinstated. A licensee may appeal the revocation to the City Council as provided in Section 8.32.100. A license shall remain revoked unless and until the City Council reinstates the license through the appeal process, or the person applies for and is issued a new license.
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Any person denied a license under this chapter, or any person whose license has been revoked under this chapter, may appeal the Director's determination to the City Council. Any such appeal must be in writing and must be filed with the City Clerk not more than 15 days following the Director's deposit of the notice of denial or notice of revocation into the mail or personal delivery of said notice pursuant to Sections 8.32.080(C) and 8.32.090(B). All decisions of the City Council shall be final.
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Any rental dwelling complex operated, conducted or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City may, in addition to, or in lieu of any other legal or criminal proceedings, commence an action or actions, proceeding or proceedings, for the abatement, removal and/or enjoinment thereof, in the manner provided by law; and shall take such other steps, and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove the nuisance and restrain and enjoin any person from operating, conducting or maintaining a rental dwelling complex contrary to the provisions of this chapter.
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