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.
"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.
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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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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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