A.
There
is hereby established, levied, and imposed for each dwelling unit
within the unincorporated area of the County which is operated as
a rental dwelling unit, as defined by this chapter, an annual Rental
Housing Code Compliance fee. For each such rental dwelling unit, the
owner shall pay the Rental Housing Code Compliance fee to the Director.
B.
The
Rental Housing Code Compliance fee may be increased or decreased by
resolution of the Board after a duly noticed public hearing.
C.
The
Rental Housing Code Compliance fee shall be billed on January 1st
of each year for the fiscal year period. All charges for the Rental
Housing Code Compliance fee shall be billed to the owner of record
of any parcel having "rental dwelling units," as shown upon the County
Assessor's roll as of January 1st, to the successor in interest of
such person, such person's designee, or to any person requesting such
charges be billed to him or her; but in all cases the owner of record
as of January 1st shall be liable for the charges. The Rental Housing
Code Compliance fee may be billed directly by the Director and/or
as part of the County's Consolidated Utility Billing Service.
D.
Adjustments
to billing for the Rental Housing Code Compliance fee may be made
when appropriate. Any amount paid in excess of the actual computed
charge shall be refunded. Any deficiency in the amount paid against
the actual computed charge shall be added to the charge for the next
billing cycle. No deficiencies or refunds shall be allotted for a
period of more than three years prior to the date the Director determines
a billing discrepancy exists. Any application requesting an adjustment
of billing shall be made in writing to the Director and must include
the grounds for an adjustment or refund.
E.
The
County Executive shall annually review the financial condition of
the housing code enforcement program for the purpose of making a recommendation
to the Board as to whether the Rental Housing Code Compliance fee
should be adjusted for the next fiscal year, and if so, by what amount.
This recommendation shall be presented to the Board at the same time
as the County Executive's annual evaluation of the program. The County
Executive shall take into consideration in this review and recommendation
process the receipts deposited toward the Director's budget during
the preceding fiscal year from all sources, including, but not limited
to, the Rental Housing Code Compliance fees and recovered costs, fines,
enforcement, and penalties.
(SCC 0934 § 4, 1993; SCC
1282 § 7, 2004; SCC 1601 § 1,
2016; SCC 1707 § 1, 2022)
Following issuance of a notice of a violation or alleged violation
of the provisions of this chapter, upon any inspection of a dwelling
to determine whether corrective action has been satisfactorily completed,
and upon a determination corrective action has not been successfully
completed by the time of such inspection, there shall be an inspection
fee levied against the owner determined per Code Enforcement Fee Schedule
as adopted via resolution by the Board. There shall be no inspection
fee charged for an inspection caused by any complaint if no violation
is discovered. In the event an inspection is conducted without notice
due to a substandard condition which poses an immediate threat to
the health, safety, or welfare of the public, an inspection fee shall
be levied against the owner if a violation is discovered. The Director
shall make a reasonable attempt to contact the owner to provide notice
of the received complaint, and allow for resolution, before such inspection
shall take place.
(SCC 0934 § 4, 1993; SCC
1032 § 1, 1996; SCC 1394 § 1,
2008; SCC 1707 § 1, 2022)
The Director shall charge a fee to recover the costs of preparing,
recording, and releasing a Notice of Pending Enforcement Action pursuant
to this chapter. Such fee shall be determined per Code Enforcement
Fee Schedule as adopted via resolution by the Board.
(SCC 1707 § 1, 2022)
The Director may charge a fee to recover the costs of preparing
a title demand and/or researching a property history upon request
from the property owner or party of interest. Such fee shall be determined
per Code Enforcement Fee Schedule as adopted via resolution by the
Board.
(SCC 1707 § 1, 2022)
The Director shall charge a fee to recover the costs of preparing
for, and pursuing cost confirmation through an administrative hearing.
Such fee shall be determined per Code Enforcement Fee Schedule as
adopted via resolution by the Board.
(SCC 1707 § 1, 2022)
Where the Director finds additional costs of enforcement in
association with a dwelling found to constitute a violation are not
otherwise recoverable by the fees set forth in this chapter, the additional
costs of enforcement shall be levied at an hourly rate, rounded to
the nearest hour for each County official involved. Such rate shall
be determined annually by the Director with input from the Department
of Finance.
(SCC 0934 § 4, 1993; SCC
1059 § 2, 1996; SCC 1707 § 1,
2022)
For all private contracts entered into by the Director for work
authorized under this chapter, in addition to the contract price,
a percentage of the contract price shall also be authorized as an
additional cost of enforcement charged to the owner as a contract
administration fee. This contract administration fee shall be determined
per Code Enforcement Fee Schedule as adopted via resolution by the
Board.
(SCC 0934 § 4, 1993; SCC
1394 § 2, 2008; SCC 1707 § 1,
2022)
The fee for all appeals taken under this chapter shall be determined
per Code Enforcement Fee Schedule as adopted via resolution by the
Board.
(SCC 0934 § 4, 1993; SCC
1394 § 3, 2008; SCC 1707 § 1,
2022)
A Rental Housing Code Compliance Fee presented as part of the
County consolidated utility billing service shall become delinquent
45 calendar days for bimonthly billing or 21 calendar days for monthly
billing after the date of billing. If the fee has not been received
by the date upon which it is due there shall be imposed a late fee
of 25% per annum of the fee.
(SCC 0934 § 4, 1993; SCC
1282 § 10, 2004; SCC 1707 § 1,
2022)
The owner may be charged for the County's postage or mileage
costs for sending or posting notices required to be given pursuant
to this chapter.
(SCC 0934 § 4, 1993; SCC
1707 § 1, 2022)
The Director shall charge a fee to recover the costs of preparing
for, and obtaining an inspection warrant. Such fee shall be determined
per Code Enforcement Fee Schedule as adopted via resolution by the
Board.
(SCC 1707 § 1, 2022)
The Director may charge other fees to recover the costs of work
done to abate any violation of this chapter, so long as those fees
are included in the Code Enforcement Fee Schedule as adopted via resolution
by the Board.
(SCC 1707 § 1, 2022)
