This chapter shall be known as the "Housing Code", and may be
cited as such.
(SCC 0934 § 4, 1993; SCC
1146 § 7, 1999; SCC 1707 § 1,
2022)
A. The
County is under a state mandate to have a program to enforce the provisions
of the State Housing Law. Unsafe housing is a community blight often
associated with unlawful activity. While the cost of enforcement is
significant, the result of failing to abate substandard housing has
more adverse and far reaching consequences such as loss of housing
and displaced individuals.
B. Thirty
years after the initial adoption of this Chapter, continuous population
growth has spurred the construction of new housing, while existing
housing continues to age. Complaint initiated enforcement actions
alone are insufficient to provide the essential level of abatement
of substandard housing conditions needed by this community. As such,
an increased level of service which includes routine inspections of
rental housing units has been determined to be necessary to preserve
the condition of the County's aging inventory of housing.
C. Having
determined the appropriate level of service to be provided by a housing
code enforcement program, it is also determined those persons who
violate the State Housing Law should bear the greatest practical share
of the costs of operating such a program through enforcement fees
and penalties. However, such a program also requires revenue to fund
its implementation costs and to fund the difference between the ongoing
costs of such a program and the revenue collected from violators through
enforcement fees and penalties. The source of this revenue must be
reliable if such a program is to achieve its objectives. Collection
of enforcement fees and penalties is inherently unreliable as a funding
source, and therefore cannot be relied upon either to establish the
initial operating revenue for such a program or to fully support its
ongoing operational costs.
D. It
is therefore necessary to levy a Rental Housing Code Compliance fee
for the purpose of generating the revenue required to fund the implementation
and ongoing operating costs of such a program. The Rental Housing
Code Compliance fee may be adjusted annually, as necessary, for the
purpose of ensuring adequate funding for the program. The Rental Housing
Code Compliance Fee is a supplemental funding source for this program,
intended to make up for any actual or forecast deficiencies in total
program costs not generated from the collection of enforcement fees
and penalties from violators.
E. In
Sacramento County, substandard housing has caused health risks to
its occupants and those who reside in the surrounding neighborhood.
Additionally, substandard housing has significantly contributed to
neighborhood blight. As a result, substandard housing is a nuisance
which threatens the health and welfare of many members of the Sacramento
community.
F. To
eliminate this nuisance, it is imperative to establish enforceable
minimum standards for residential buildings. The purpose of this chapter
is to establish such standards for maintaining all residential buildings
in the unincorporated area of Sacramento County and thereby safeguard
life, limb, health, property, safety, and welfare of the public.
(SCC 0934 § 4, 1993; SCC
1075 § 1, 1997; SCC 1282 § 1,
2004; SCC 1707 § 1, 2022)
The Board of Supervisors finds as follows:
A. It
is imperative to establish enforceable minimum standards for residential
buildings and to provide a program for enforcing these standards which
is self-supporting.
B. A two-pronged
approach consisting of proactive, routine inspections of rental housing
stock, in addition to responding to complaint-based requests for enforcement
actions is required to provide the essential level of abatement of
substandard housing conditions needed by this community.
C. Violators
of the State Housing Law should bear the largest feasible share of
the cost of housing code enforcement.
D. Rental
property owners derive a substantial benefit from a housing code enforcement
program and should therefore contribute to a portion of program costs.
E. Residents
of rental property also benefit from a housing code enforcement program
and should therefore contribute to program costs indirectly through
the cost of renting such housing.
F. The
imposition of a Rental Housing Code Compliance fee is an appropriate
means to provide predictable and reliable funding for the efficient
and continued operation of a housing code enforcement program.
G. It
is recognized the majority of rental housing property owners comply
with the State Housing Law and applicable County ordinances, and only
a relatively small percentage violate these laws. And while it is
the intent of this chapter this group of violators should pay for
as much of the cost of a housing code enforcement program as is practical
and feasible, it is also recognized the collection of enforcement
fees and penalties from violators can be a protracted and costly process,
and reliance thereupon as the sole source to fund such a program is
inherently speculative and unrealistic. Therefore, while the primary
source of revenue for this housing code enforcement program is intended
to come from the collection of enforcement fees and penalties from
violators, in their absence, the Rental Housing Code Compliance fee
is intended to make up program cost deficiencies. The reliance of
such a program on the County's general fund for its cost of operation
shall be minimized to the greatest extent possible.
H. Some
rental dwelling units in Sacramento County are found to have severe
code violations which threaten the life, limb, health, safety, or
welfare of occupants and require the units to be vacated to allow
for extensive repairs. Such code violations are often caused by deferred
maintenance and may breach the landlord's implied warranty of habitability.
Tenants of substandard dwellings suffer financial and other hardship
when required to vacate housing because the owner fails to correct
substandard conditions. The level of payments provided in this chapter
is reflective of actual relocation costs likely to be incurred by
displaced households as it is appropriate to require the owner to
mitigate the tenant's hardship, since the hardship arises from the
owner's failure to comply with the law. When tenants are forced to
vacate, they generally need large sums of money to relocate, including
first and last month's rent, deposits, and moving expenses for a new
residence. Low income tenants are generally unable to obtain such
sums and, as a result, are at a great risk of becoming homeless when
forced to vacate if relocation benefits are not timely provided. Consequently,
delayed payment of relocation benefits may force the County to expend
general funds to provide tenants with financial assistance for relocation
and prevent homelessness. Therefore, requirements for payment of relocation
benefits should include disincentives for delayed payment in the form
of appropriate penalties.
I. This
chapter satisfies the County's legal obligations under the State Housing
Law.
(SCC 0934 § 4, 1993; SCC
1282 § 2, 2004; SCC 1707 § 1,
2022)
The provisions of this chapter shall apply to all new and existing
buildings or portions thereof used, or designed, or intended to be
used, for human habitation. This chapter is not an exclusive regulation
of housing within Sacramento County. It shall supplement, be accumulative
with, and be in addition to any and all regulatory ordinances and
State or Federal law existing or hereafter enacted by the County,
the State or Federal government, or any other legal entity which may
have jurisdiction.
(SCC 0934 § 4, 1993; SCC
1707 § 1, 2022)
For purposes of this chapter, the following definitions shall
apply:
"Code"
means the Sacramento County Code.
"Complaint"
means notification by any person, lodged with the Code Enforcement
Division of the County's Community Development Department, of a violation
or a suspected violation of the Housing Code or this chapter.
"County Executive"
means the County Executive of the County of Sacramento, or
designated representatives.
"Demolish"
means to destroy a building and to remove all debris and
waste materials from the lot on which the building stood.
"Director"
means the Director of the Sacramento County Community Development
Department or designated representatives.
"Displaced"
means if a tenant is ordered to move out of a rented dwelling
unit or structure by an order to vacate issued by the County.
"Dwelling"
means any building or structure or part thereof used and
occupied for human habitation or intended to be so used, and includes
any garages or other accessory buildings belonging thereto, including
those which are rented or leased for any term or duration, type, or
tenure.
"Dwelling unit"
means any room or group of rooms located within a dwelling
and forming a single unit with the facilities which are used or intended
to be used for living, sleeping, cooking, or eating.
"Electrical Code"
is the California Electrical Code adopted and modified pursuant to Chapter
16.28 of the Sacramento County Code.
"Enforcement"
means diligent effort to secure compliance or abatement,
including review of plans and permit applications, response to complaints,
citation of violations, and other legal process. Except as otherwise
provided in this chapter, "enforcement" may, but need not, include
inspection of existing buildings in which no complaint or permit application
has been filed, and effort to secure compliance as to such existing
buildings.
"Fire Code"
is the California Fire Code adopted and modified pursuant to Chapter
17.04 of the Sacramento County Code.
"Fiscal year"
means the year beginning July 1 and ending June 30.
"Green Code"
is the California Green Code adopted pursuant to Chapter
16.34 of the Sacramento County Code.
"Hearing Officer"
means an active member of the Bar of the State of California
appointed by the Board to hear matters as provided for and described
in this chapter. The Hearing Officer shall also serve as the housing
appeals board as that term is used in the State Housing Law.
"Housing Code"
means this chapter and includes the Building Code, the Electrical
Code, the
Energy Code, the Existing Building Code, the Fire Code,
the Green Code, the Historical Building Code, the Mechanical Code,
the Plumbing Code, the Property Maintenance Code, the Residential
Code, the Swimming Pool Code, and the State Housing Law.
"Landlord"
means an owner, lessor, or sub-lessor (including any person,
firm, corporation, trustee, partnership, or other entity) who receives
or is entitled to receive rent for the use of any dwelling, or the
agent, representative, or successor of any of the foregoing.
"Mechanical Code"
is the California Mechanical Code adopted and modified pursuant to Chapter
16.32 of the Sacramento County Code.
"Occupant"
means any person over one year of age living, sleeping, cooking,
or eating in, or having actual possession of a dwelling unit.
"Order to Vacate"
is a written notice served by an authorized County official
on the owner and posted on the affected property declaring, due to
failure to repair or maintain, the dwelling shall be vacated.
"Owner"
when pertaining to a building or land includes any part owner,
joint owner, tenant in common, or joint tenant of the whole or part
of such building or land.
"Parties in interest"
means all persons, businesses, partnerships, trustees, and
corporations who have a mortgage or other interest of public record
in a dwelling or dwelling unit, or who are in possession thereof.
"Plumbing Code"
is the California Plumbing Code adopted and modified pursuant to Chapter
16.24 of the Sacramento County Code.
"Public record"
means deeds, mortgages and other instruments of record relating
to land titles and recorded by the Sacramento County Recorder.
"Rental dwelling unit"
means a dwelling unit rented for any tenure, type, or price,
regardless of current occupancy or vacancy.
"Residential Code"
is the California Residential Code adopted and modified pursuant to Chapter
16.10 of the Sacramento County Code.
"State Housing Law"
means Division 13, Part 1.5 of the
Health and Safety Code
(commencing at Section 17910) and Subchapter 1 (commencing at Article
1) of Chapter 1 of Division 1, Title 25 of the California Code of
Regulation.
"Swimming Pool Code"
is the International Swimming Pool and Spa Code adopted pursuant to Chapter
16.36 of the Sacramento County Code.
"Vacation date"
means the date by which an occupant is required to vacate
a dwelling unit, pursuant to an order by an authorized County official.
(SCC 0934 § 4, 1993; SCC
1075 § 2, 1997; SCC 1146 § 8,
1999; SCC 1282 § 3, 2004; SCC 1659 § 8, 2020; SCC 1707 § 1,
2022)
An occupant of a dwelling unit shall not willfully:
A. Allow
an unsafe or unsanitary condition in any part of the dwelling unit
which they occupy and control. An occupant shall immediately report
any unsafe or unsanitary conditions to the landlord;
B. Allow
plumbing and other fixtures, whether or not supplied by the owner,
to become unsafe or unsanitary. If the fixtures are supplied by the
owner, the occupant shall use reasonable care in the proper use and
operation thereof;
C. Allow
any insects, rodents, or other pests to infest the dwelling unit,
so as to render it unsafe or unsanitary, when no other dwelling unit
in the residential building is so infested and the owner has provided
a reasonably insect-proof and rodent-proof building;
D. Dispose
of garbage or other refuse in anything other than an approved garbage
receptacle;
E. Place
on the premises any material which creates an unsafe or unsanitary
condition;
F. Place
or maintain in or about the premises any furniture, equipment, material,
debris, or junk harboring insects, rodents, or pests to such extent
as to render the premises or surrounding dwelling units unsafe or
unsanitary;
G. Cause
or allow an occupied dwelling unit in a manner that the use resulting
therefrom violates any of the provisions of this chapter.
(SCC 1707 § 1, 2022)
Section
16.20.125 shall not be construed as relieving the owner of any responsibility to the occupant imposed upon the owner by any applicable ordinance or law, even though:
A. An
obligation is also imposed upon the occupants; or
B. The
owner has, by agreement, imposed upon the occupant the duty of furnishing
required equipment or of complying with applicable ordinances or laws.
(SCC 1707 § 1, 2022)