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:
"Building"
means a structure or part thereof.
"Building Code"
is the California Building Code adopted pursuant to Chapter 16.04 of the Sacramento County Code.
"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.
"Energy Code"
is the California Energy Code adopted pursuant to Chapter 16.39 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.
"Existing Building Code"
is the California Existing Building Code adopted and modified pursuant to Chapter 16.42 of the Sacramento County Code.
"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.
"Historical Building Code"
is the California Historical Building Code adopted pursuant to Chapter 16.41 of the Sacramento County Code.
"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.
"Property Maintenance Code"
is the International Property Maintenance Code adopted and modified pursuant to Chapter 16.37 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.
"Rental Housing Code Compliance fee"
means the fee assessed under this chapter for each rental dwelling unit.
"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.
"Substandard dwelling"
means any dwelling which does not comply with the requirements of the Housing Code.
"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)