Article 18.11 RESIDENTIAL RENTAL DWELLING UNITS—REGISTRATION AND INSPECTION

The requirements of this article shall not apply to the following:

Legal accessory dwelling units and secondary dwelling units, if the main dwelling is owner occupied. If the main dwelling is a rental, then both units are subject to this article;

Individual rooms rented or leased in an owner-occupied single-family residence, so long as the owner permanently resides and occupies the premises for his or her own living and dwelling purposes;

Residential dwelling units subject to routine periodic inspections by another governmental agency for housing and safety standards, provided that the frequency and scope of the inspections are to the satisfaction of the director;

Mobile home parks; and

Hotels, motels, inns and other structures occupied or intended or designed for occupancy by transients for lodging or sleeping purposes and which are subject to the regulations and transient occupancy tax set forth in Article 15.05 of this Code, as may be amended.

§ 18.11.040 Requirements for multifamily rental units.

Newly constructed single-family rental units that have been issued a certificate of occupancy or have passed final inspection by the city within the past five years, shall not be subject to the requirements of Section 18.11.050(f) (inspection program) and Section 18.11.050(g) (inspection program fee) for a period of five years from the date the certificate of occupancy was issued or the final inspection was performed. The rental unit remains subject to registration fees and business license fees.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

Registration of multifamily rental units. Unless exempt pursuant to Section 18.11.030(a), no owner may rent a multifamily rental unit to a tenant unless and until such multifamily rental unit is registered with the city in accordance with this article.

Each owner shall register the multifamily rental units on a form provided by the city. Initial registration of multifamily rental units which are subject to this article and in existence on the effective date of the ordinance codified in this article. Initial registration of multifamily rental units which become subject to this article after the effective date of the ordinance codified in this article shall be due within sixty days of the date that the multifamily rental unit was constructed, acquired or converted into a multifamily rental unit(s). It shall be the responsibility of the owner to verify the registration information on an annual basis thereafter, in accordance with payment of the registration fees established in subsection (b). Failure to register the rental unit shall result in penalties as described in subsection (b)(2) and Section 18.11.140.

Required registration information shall include the following minimum information:

The owner shall provide contact information for the owner and any manager for the multifamily rental units. Such contact information shall include, at a minimum, the name, telephone number, email address, and mailing address.

If the owner does not reside in the area, the owner must provide emergency contact information, including a local contact for a manager within fifty miles of the city, with full authority to act on behalf of the owner, which cannot be a tenant of the multifamily rental unit.

The address or addresses of the multifamily rental units, a description of the types of dwellings being rented, and the number of residential units at the property.

The owner(s) shall notify the city within sixty days of any changes to the information provided pursuant to this subsection, except that in the case of a change in ownership the owner(s) shall comply with Section 18.11.110.

All multifamily rental unit registrations shall be subject to verification by the director. All information on said registrations shall be submitted under penalty of perjury.

Multifamily rental unit registration fees.

Each registration for the multifamily rental units shall be accompanied by a non-refundable fee in an amount established by resolution of the city council. The fee shall be used to defray the reasonable costs associated with the implementation and administration this article, including costs of processing applications, outreach, education, mediation services and enforcement of the registration required by this section.

The annual registration fee is due and payable on January 1 and shall be levied for the calendar year.

The registration fee required by this subsection is in addition to and not in lieu of any other building permit or license that may be required, including any general business license tax required by Article 19.04 of this Code.

In addition to any other remedies the city may elect to pursue under this article or other applicable law, including, but not limited to, the remedies described in Article 1.02 of this Code, failure to pay the annual registration fee required by this section shall result in the city taking the following actions:

(i)

Issue a delinquency notice to the owner that provides up to thirty days to pay the amount due.

(ii)

If not paid within thirty days following issuance of the delinquency notice, the city shall assess a penalty of fifty percent of the registration fee, due and payable with the registration fee on the first day of the month following the due date provided in the delinquency notice.

(iii)

If the fees remain unpaid within sixty days following issuance of the delinquency notice, the city shall find the owner in violation of this section, and the owner will be subject to a citation described in Article 1.02 of this Code.

Multifamily rental unit owner responsibilities.

Prior to the commencement of a tenancy of a multifamily rental unit, an owner must install a carbon monoxide device in each existing dwelling unit that has a fossil fuel burning heater or appliance, fireplace, or an attached garage. If an owner is found in violation of this section, the owner shall receive a thirty-day notice to correct. If the owner fails to correct within the time period, a violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense.

Prior to the commencement of a tenancy of a multifamily rental unit, an owner must install a smoke alarm in each existing dwelling unit. The tenant(s) is responsible for notifying the owner if the tenant(s) becomes aware of an inoperable smoke alarm. The owner shall correct any reported deficiencies in the smoke alarm. The owner may, with twenty-four-hour notice, except in cases of emergency, enter the property for the purpose of installing, repairing, testing, and maintaining smoke alarms. A violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense. An owner shall not be in violation of this section for a deficient smoke alarm if he or she has not received notice of the deficiency.

The owner has the right to make necessary or agreed upon repairs or improvements of the multifamily rental unit. The owner must give the tenant twenty-four-hour notice of his or her intent to enter the multifamily rental unit. The owner may only enter during normal business hours, unless the tenant consents otherwise or is present during the entry, there is an emergency, or the tenant has abandoned or surrendered the premises. Renovation and/or construction in the multifamily rental unit cannot interfere with tenant's right to the quiet enjoyment of his or her space. If the renovation and/or construction interferes with the tenant's right of quiet enjoyment, then the owner must offer compensation.

Multifamily rental unit tenant rights and responsibilities.

Prior to the commencement of a tenancy and/or lease renewal of a multifamily rental unit, an owner must provide the tenant(s) with information regarding tenant rights and responsibilities on a form provided by or approved by the city.

Nothing in this chapter shall be construed as a limitation on the rights of a tenant or any other person, including, but not limited to, rights to bring an action for private nuisance against an owner in connection with a multifamily rental unit or to enforce the terms of tenant's lease with an owner.

(e)

Multifamily rental unit move-in inspection.

Within five business days of the tenant(s) taking possession of the unit, a move-in inspection of the multifamily rental unit shall be performed by the owner and the tenant(s) on a form provided by or approved by the city. The owner may generate and use its own move-in inspection form for compliance with this subsection, provided that the form is reviewed and approved by the city prior to such use. The form verifying the inspection shall be signed by the tenant(s) and the owner. If the move-in inspection is not performed jointly, the owner may provide the move-in inspection form to the tenant(s) within five business days of commencement of the tenancy, and the tenant(s) shall perform the move-in inspection and return the signed and completed form to the owner within seventy-two hours of the receipt of the form.

§ 18.11.050 Requirements for single-family rental units.

Within ten days of completion of the move-in inspection, the owner shall provide a copy of the completed and signed rental housing move-in inspection form to each tenant whose rental unit has been inspected. The signed form does not need to be submitted to the city, but should be retained by the owner and the tenant(s) for the duration of the tenancy.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

Registration of single-family rental units. Unless exempt pursuant to Section 18.11.030(a), no owner may rent a single-family rental unit to a tenant unless and until each single-family rental unit is registered with the city in accordance with this article.

Each owner shall register the single-family rental units on a form provided by the city. Initial registration of single-family rental units which are subject to this article and in existence on the effective date of the ordinance codified in this article. Initial registration of single-family rental units which become subject to this article after the effective date of the ordinance codified in this article shall be due within sixty days of the date that the single-family rental unit was constructed, acquired or converted into a single-family rental unit(s). It shall be the responsibility of the owner to verify the registration information on an annual basis thereafter, in accordance with payment of the registration fees established in subsection (b). Failure to register the rental unit shall result in penalties as described in subsection (b)(2) and Section 18.11.140.

Required registration information shall include the following minimum information:

The owner shall provide contact information for the owner and any management or authorized representatives for the single-family rental units. Such contact information shall include, at a minimum, the name, telephone number, email address, and mailing address.

If the owner does not reside in the area, the owner must provide emergency contact information, including a manager within fifty miles of the city, with full authority to act on behalf of the owner, which cannot be a tenant of the single-family rental unit. Owner can request a waiver of the location requirement, if the owner can demonstrate that the manager or owner can timely respond in person to matters related to their rental unit. Waivers may be revoked if a manager or owner does not respond timely.

The address or addresses of the single-family rental units, a description of the types of dwellings being rented, and the number of residential units at the property.

A single-family residential dwelling unit that is not the owner's permanent residence, shall be presumed to be a single-family rental unit unless the owner provides the city with documentation demonstrating to the satisfaction of the city that the residential dwelling unit qualifies for one of the exemptions listed in Section 18.11.030(a), or the owner is not renting the residential dwelling unit to a tenant(s). For purposes of this section, a dwelling unit shall be considered the owner's permanent residence if he or she lives in the residence for at least ten months of each calendar year.

All single-family rental unit registrations shall be subject to verification by the director. All information on said registrations shall be submitted under penalty of perjury.

Single-family rental unit registration fees.

Each registration for the single-family rental units shall be accompanied by a non-refundable fee in an amount established by resolution of the city council. The fee shall be used to defray the reasonable costs associated with the implementation and administration of this article, including costs of processing applications, outreach, education, mediation services and enforcement of the registration required by this section.

The annual registration fee is due and payable on January 1 and shall be levied for the calendar year.

The registration fee required by this article is in addition to and not in lieu of any other building permit or license that may be required, including any general business license tax required by Article 19.04 of this Code.

(i)

Issue a delinquency notice to the owner that provides up to thirty days to pay the amount due.

(ii)

(iii)

Single-family rental unit owner responsibilities.

Prior to the commencement of a tenancy of a single-family rental unit, an owner must install a carbon monoxide device in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage. If an owner is found in violation of this section, the owner shall receive a thirty-day notice to correct. If the owner fails to correct within the time period, a violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense.

Prior to the commencement of a tenancy of a single-family rental unit, an owner must install a smoke alarm in each existing dwelling unit. The tenant(s) is responsible for notifying the owner if the tenant(s) becomes aware of an inoperable smoke alarm. The owner shall correct any reported deficiencies in the smoke alarm. The owner may, with twenty-four-hour notice, except in cases of emergency, enter the property for the purpose of installing, repairing, testing, and maintaining smoke alarms. A violation of this section is an infraction punishable by a maximum fine of two hundred dollars for each offense. An owner shall not be in violation of this section for a deficient smoke alarm if he or she has not received notice of the deficiency.

The owner has the right to make necessary or agreed upon repairs or improvements of the single-family rental unit. The owner must give the tenant twenty-four-hour notice of his or her intent to enter the single-family rental unit. The owner may only enter during normal business hours, unless the tenant consents otherwise or is present during the entry, there is an emergency, or the tenant has abandoned or surrendered the premises. Renovation and/or construction in the single-family rental unit cannot interfere with tenant's right to the quiet enjoyment of his or her space. If the renovation and/or construction interferes with the tenant's right of quiet enjoyment, then the owner must offer compensation.

Single-family rental tenant rights and responsibilities.

Prior to commencement of a tenancy and/or lease renewal of a single-family rental unit, an owner must provide the tenant(s) with information regarding tenant rights and responsibilities on a form provided by or approved by the city.

Nothing in this chapter shall be construed as a limitation on the rights of a tenant or any other person, including, but not limited to, rights to bring an action for private nuisance against an owner in connection with a single-family rental unit or to enforce the terms of tenant's lease with an owner.

(e)

Single-family rental unit move-in inspection.

Within five business days of the tenant(s) taking possession of the unit, a move-in inspection of the single-family rental unit shall be performed by the owner and the tenant(s) on a form provided by or approved by the city. The owner may generate and use its own move-in inspection form for compliance with this subsection, provided that the form is reviewed and approved by the city prior to such use. The form verifying the inspection shall be signed by the tenant(s) and the owner. If the move-in inspection is not performed jointly, the owner may provide the move-in inspection form to the tenant(s) within five business days of commencement of the tenancy, and the tenant(s) shall perform the move-in inspection and return the signed and completed form to the owner within seventy-two hours of the receipt of the form.

(f)

City inspection of single-family rental units.

Except as provided in Section 18.11.030(b), the city shall be authorized to conduct an inspection of all single-family rental units registered with the city in accordance with the requirements of this section. The purpose of the inspection program is to assure compliance with all applicable state laws and regulations and this Code, including, but not limited to, building, fire, health and safety, nuisance and zoning regulations. Inspection of single-family rental units shall begin six months after adoption of the ordinance codified in this article.

The city shall perform an inspection of a single-family rental unit, subject to the notice procedures set forth in subsection (f)(3) below, upon any of the following occurrences:

The city may conduct random compliance audit(s) to determine if all required documents and fees have been completed and properly submitted or retained, including the registration form, the completed and signed move-in inspection form, and registration and inspection fees. The city may also verify that the property has no record of outstanding code violations. In the event the city determines that an owner is not in compliance with this article or does have outstanding code violations as a result of a random compliance audit, the single-family rental unit(s) subject to such noncompliance shall be inspected by the city.

The city shall conduct an inspection upon receipt of a complaint of code violations or health and safety risks existing at the single-family rental unit property where the city believes, in its discretion, that there is a reasonable possibility that such code violations or health and safety risks may be present.

The city, upon reasonable belief of code violations existing at a single-family rental unit, may perform an inspection of the single-family rental unit. Staff-initiated inspections may be based upon view of the property from the public right-of-way, history of prior and outstanding code violations existing on the property, or other reasonable belief that code violations may be present.

The following notice procedures and requirements shall apply to all inspections:

The owner shall provide access to the single-family rental unit(s) for inspection within twenty-one calendar days of an inspection request from the city. The inspection request shall be mailed to the owner and the site address. This time period may be extended upon the approval of the director or designee.

If the single-family rental unit is legally occupied by a tenant or other occupant, the owner shall notify the tenant, in writing at least twenty-four hours in advance of the inspection or pursuant to the lease terms. The notice to the tenant(s) shall inform and provide the tenant(s) the opportunity to be present during the inspection, and it is the responsibility of the owner to obtain the consent of the tenant(s) to enter and inspect the single-family rental unit or otherwise obtain legal access pursuant to the terms of the applicable lease prior to the scheduled inspection.

The owner shall not be in violation of this section if the tenant or occupant refuses to allow the inspection or otherwise refuses consent to enter the unit. In the event the tenant refuses entry, the city may seek alternate remedies to gain legal access. If an inspection is scheduled and entry is thereafter refused or cannot be obtained, the city shall have recourse by means of every remedy provided by law to secure lawful entry and inspect the premises, including, but not limited to, securing an inspection warrant pursuant to California Code of Civil Procedure Sections 1822.50 through 1822.57, as may be amended. The city shall provide notice that a warrant has been issued to both the owner and the tenant(s) at least twenty-four hours before the warrant is executed, unless a court finds that immediate execution is reasonably necessary under the circumstances.

If an inspection is warranted by subsection (f)(2) above, the city shall inspect the single-family rental unit to assure compliance with all applicable state laws and regulations and this code, including, but not limited to, building, fire, health and safety, nuisance and zoning regulations.

If, upon completion of an inspection the city determines that there are code violations that require correction, the city shall issue a notice of violation to the owner, and manager, if applicable, with a copy delivered to the tenant at the address of the single-family rental unit that contains the following information:

The name and address of the owner or manager in violation, and the street address of the single-family rental unit where the violation is present;

A statement specifying the condition(s) which constitute a violation;

A statement explaining which specific code sections have been violated;

(D)

The range of the administrative, civil and/or criminal actions and monetary penalties, as described herein, that the city may impose for such violations if not corrected;

(E)

An order to correct the violation within a date certain, said date which shall be specified on the notice of violation and determined by the specific violation.

(6)

In the event identified code violations are not timely corrected by the owner in accordance with the timeframe specified in a notice of violation issued to the owner and subject property, the property shall be subject to the appropriate nuisance abatement procedures specified in Chapter 23 of this Code, including, but not limited to, additional administrative or summary abatement procedures.

(7)

Any single-family rental unit that has been subject to a notice and order for nuisance violations more than once in the year immediately prior to the effective date of the ordinance codified in this article, for which corrections were not made within the time permitted by the notice and order(s), shall be deemed a "problem property" and shall be subject to the provisions of subsection (h) of this section.

(8)

Upon the successful completion of an inspection, subsequent inspection or re-inspection of a single-family rental unit establishing that the property and its occupancy are in compliance with this Code, the city shall issue to the owner a rental housing inspection certification verifying compliance and specifying a one or five-year time period during which the certification will remain valid and during which the single-family rental unit shall not be subject to a random compliance audit as described in subsection (f)(2) of this section. Notwithstanding the foregoing, a rental housing inspection certification shall not preclude other code enforcement procedures or investigation and inspection if, during the rental housing inspection certification period, a code violation on the property is reported to the city or otherwise observed by the city on the property.

(9)

If during the inspection or any subsequent inspection there are code violations on the property which prevent the city from issuing a rental housing inspection certification, the city may require one or more re-inspections of the property before a rental housing inspection certification is issued.

(10)

Notwithstanding the foregoing, if the city has reasonable cause to believe that the single-family rental unit is under an imminent threat of danger to life, health, or safety due to hazardous, unsafe or dangerous conditions, the city shall have the right to use any reasonable means required to effect entry provided by law.

(g)

City inspection program fees for single-family rental units. The city shall establish by resolution of the city council a reasonable annual single-family rental inspection program fee called the "Rental Housing Code Compliance Fee." The purpose of the fee is to reimburse the reasonable associated costs of enforcement and administration of the city inspection program for single-family rental units as established by this article, including costs of performing the rental inspections and mediation services for disputes between owner(s) and tenant(s). For each single-family rental unit, the owner shall pay the rental housing code compliance fee to the city in an amount established pursuant to this article as follows:

The annual rental housing code compliance fee shall be levied for the calendar year and each registered owner of a single-family rental unit must pay the full fee for the calendar year. The fee is due and payable upon billing each January 1. The rental housing code compliance fee required by this article is in addition to and not in lieu of any general business license tax that might be required by Chapter 19 of this Code or any other fee or charge imposed by the city under any other law or ordinance, including the registration fees required in subsection (b) of this section.

Failure to pay the annual rental housing code compliance fee required by this section shall result in the city taking the following actions:

Issue a delinquency notice to the owner that provides up to 30 days to pay the amount due.

If not paid within thirty days following issuance of the delinquency notice, the city shall assess a penalty of fifty percent of the compliance fee, due and payable with the compliance fee on the first day of the month following the due date provided in the delinquency notice.

The city may collect any past due rental housing code compliance fees or late payment penalties by use of all available legal means, including, but not limited to, means available for the collection of judgments, liens and actions for recovery of money. The city also may recover its collection costs.

(h)

Problem properties. In addition to the move-in inspection required pursuant to subsection (e) of this section above, the city shall conduct exterior and interior inspections of problem properties at least twice per year. The city may, in its sole discretion, determine to inspect other single-family rental units owned by an owner of a problem property. Owners of problem properties, in addition to any other penalty(ies), shall be required by the city to attend educational sessions for landlords within one year of the date upon which the owner's property is determined to be a problem property as defined by this article. A single-family rental unit shall no longer be classified as a problem property upon successfully passing two consecutive city inspections and the owner's completion the required education sessions. Costs for the inspections required by this subsection shall be billed to and assessed against the specific problem properties subject to such inspections and shall be in an amount to assure full cost recovery to the city.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.060 Tenant harassment.

Tenant harassment. No owner, and no agent, contractor, subcontractor, or employee of the owner shall do any of the following in bad faith:

Interrupt, terminate, or fail to provide housing services required by contract or by state, county, or local housing, health or safety laws, or threaten to do so;

Fail to perform repairs and maintenance required by contract or by state, county, or local housing, health or safety laws, or threaten to do so;

Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;

Abuse the owner's right of access into a rental housing unit as that right is provided by law;

Remove from the residential rental dwelling unit personal property, furnishings, or any other items without the prior written consent of the tenant, except when done pursuant to the procedure set forth in Civil Code Section 1980, et seq. (disposition of tenant's property after termination of tenancy);

(6)

Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion, which shall include threatening to report a tenant to U.S. Immigration and Customs Enforcement, though that prohibition shall not be construed as preventing communication with U.S. Immigration and Customs Enforcement regarding an alleged violation;

(7)

Offer payments to a tenant to vacate more than once in six months, after the tenant has notified the owner in writing the tenant does not desire to receive further offers of payments to vacate;

(8)

Attempt to coerce the tenant to vacate with offer(s) of payments to vacate which are accompanied with threats or intimidation (this shall not include settlement offers made in good faith and not accompanied with threats or intimidating in pending eviction actions);

(9)

Threaten the tenant, by word or gesture, with physical harm;

(10)

Substantially and directly interfere with a tenant's right to quiet use and enjoyment of a rental housing unit as that right is defined by California law;

(11)

Refuse to accept or acknowledge receipt of a tenant's lawful rent payment, except as such refusal may be permitted by state law after a notice to quit has been served on the tenant and the time period for performance pursuant to the notice has expired;

(12)

Refuse to cash a rent check for over thirty days unless a written receipt for payment has been provided to the tenant, except as such refusal may be permitted by state law after a notice to quit has been served on the tenant and the time period for performance pursuant to the notice has expired;

(13)

Request information that violates a tenant's right to privacy, including, but not limited to, residence or citizenship status or social security number, except as required by law or, in the case of a social security number, for the purpose of obtaining information for the qualifications for a tenancy, or not release such information except as required or authorized by law;

(14)

Violate any law which prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child; and

(15)

Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.

Nothing in this section shall be construed as to prevent an owner from lawfully evicting a tenant pursuant to state law.

§ 18.11.070 Tenant harassment enforcement and penalties.

Nothing in this section shall be construed as to prevent an owner from lawfully increasing a tenant's rent pursuant to state law.

(Ord. 2573 § 1, 2020)

In addition to the penalties provided in Section 18.11.140, the following provisions apply to any person who is convicted of violating Section 18.11.060. Any person who violates or aids or incites another person to violate the provisions of Section 18.11.060 is liable for each and every such offense for the actual damages suffered by any aggrieved party or for statutory damages in the sum of between one thousand dollars and five thousand dollars, whichever is greater, and shall be liable for such attorneys' fees and costs as may be determined by the court in addition thereto. Any violator shall be liable for an additional civil penalty of up to five thousand dollars for each offense committed against a person who is disabled or aged sixty-two or over. The court may also award punitive damages to any plaintiff, including the city, in a proper case as defined by Civil Code Section 3294. The burden of proof for purposes of punitive damages shall be clear and convincing evidence.

(Ord. 2573 § 1, 2020)

§ 18.11.080 Retaliatory eviction.

It shall be unlawful for an owner to recover possession of a residential rental dwelling unit, cause the tenant(s) of such units to involuntarily quit, increase the rent, or decrease services in retaliation against a tenant for exercising his or her right to file a complaint with the city advising that violations of this code may exist on the property.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.100 Relocation procedures.

When the city determines that a dwelling unit must be vacated and is not habitable, or is in such a condition as to declare it imminently dangerous to life, limb, health, property or safety of its tenants, the general public or adjacent properties, through the deficiency of the owner, the owner shall be responsible for providing tenant relocation assistance in accordance with Health and Safety Code Section 17975 et seq., as may be amended.

Establishing proof of compliance. In the event a residential rental dwelling unit must be vacated, the owner shall provide or cause to be provided to the city, proof of compliance with the tenant relocation assistance requirements required by state law. Proof may include a copy of the cashier's check(s) or money order(s) necessary for relocation and receipt signed by the tenant(s), or a copy of the fully executed agreement between the owner and tenant(s) evidencing an alternative satisfactory arrangement. The owner shall provide the required documents to the city within five days of the date the tenant vacates the property.

Right of first refusal. A tenant evicted or required to vacate a residential structure under this article shall be given the right of first refusal to reoccupy the same dwelling unit from which the tenant was displaced, or a comparable dwelling unit within the same building, once the dwelling unit has been made habitable.

The owner shall, at the time the tenant vacates, provide written notice advising the tenant of the right of first refusal. The notice shall include a current address and telephone number that can be used by the tenant to contact the owner.

It is the tenant's responsibility to provide the owner with contact information consisting of the tenant's current address to be used for future notification, and to provide updated contact information to the owner if there is any change in the information.

Thereafter, when the dwelling unit or building becomes habitable, the owner shall give written notice to the tenant advising the tenant that a dwelling unit is ready for occupancy. The written notice shall be made by certified mail, return receipt requested and a copy shall be provided to the city.

If the owner cannot locate a previous tenant after two attempts over a period of two weeks, the owner shall be deemed to have complied with the right of first refusal provision of this article, and the tenant's right of first refusal is forfeited.

"Right of first refusal" means the right of a tenant to re-occupy the dwelling unit formerly occupied by the tenant at the same rental rate for a period of six months, or a comparable dwelling unit in the same building, once the dwelling unit has been made habitable.

Exceptions. The owner is not required to provide relocation if, based upon written documentation submitted by the owner and other interested parties including affected tenant(s), and following a hearing as provided in this section, the hearing officer finds in writing that:

The tenant is more than thirty days in default of rent at the time the dwelling is to be vacated (except a tenant lawfully withholding rent for correction of unsafe or hazardous conditions); or

The tenant refuses to vacate after timely payment of the relocation benefit; or

The tenant has caused or substantially contributed to the conditions giving rise to the need for abatement; or

The building becomes unsafe or hazardous due to unforeseen events or natural disasters that are beyond the control of the owner and the owner's action or inaction did not contribute to the impact on the building.

(e)

Request for determination of exception—Notice to affected tenants.

An owner may request a hearing before a hearing officer designated by the city manager to determine whether one or more of the exceptions set forth above apply. Any such request must be made in writing to the city within seven days following receipt of the notice to abate a code violation requiring vacation of the property, and shall be accompanied by an appeal fee in an amount established by the city council by resolution or a hardship waiver form requesting relief from the appeal fee. The hardship waiver form, if received, shall be considered in accordance with Section 1.02.070. of this Code. The owner shall simultaneously provide affected tenants with a copy of the request for a hearing, together with copies of any written materials provided in support of the request, and, once ascertained, shall also promptly notify any such tenants of the date and time of the hearing.

Following the hearing, a written determination of the hearing officer shall be provided by first class mail and/or certified mail to the owner and to any interested person who submitted written documentation or a written request for a copy of the determination. The determination of the hearing officer shall be final. Notwithstanding any other provision of this Code or other law, the filing of a request for exception or the taking of an administrative appeal from a hearing officer's determination on the request for exception shall not stay the owner's obligations under this article.

Failure to request a hearing for a determination of exception within the time set forth in this section shall be deemed a waiver by the owner of the right to an exception.

(f)

Failure to perform. If the owner is responsible for relocation and fails to comply with the obligations set forth in this article, the city may, in its sole discretion, elect to advance the relocation benefits to the subject tenant and seek to recover those relocation benefits and penalties in accordance with the procedures set forth in Health and Safety Code Section 17975.5. Nothing herein shall be construed to obligate the city to provide any relocation assistance.

(g)

Private right of action.

Tenants who are displaced may bring an action against an owner for damages, injunctive or declaratory relief or any other appropriate action to recover the relocation assistance provided for or to enforce the owner's obligations under this section, including, but not limited to, the tenant's right of first refusal, in a court of competent jurisdiction to enforce the provisions of this part.

Tenants who prevail in such an action shall be entitled to recover from the owner damages, including the relocation assistance provided for under this part; costs, including reasonable attorney fees; and such other relief as determined by the court.

The remedies provided by this part are in addition to any other legal or equitable remedies and are not intended to be exclusive.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.110 Change of ownership.

When ownership of a residential rental dwelling unit changes, either the prior owner shall notify the director of this event prior to the consummation of the sale or recordation of an instrument of conveyance with the Yolo County recorder's office or the new owner shall notify the director within sixty days after consummation of the sale or recordation of an instrument of conveyance with the Yolo County recorder's office. If the director is not so notified, any existing rental housing inspection certification for the single-family rental unit, if any, shall automatically terminate and be null and void. The new owner will not have to pay the rental housing code compliance fee until the next annual levy of the fee provided all fees were previously paid for the current calendar year.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.120 Regulations nonexclusive.

The provisions of this article regulating residential rental dwelling units are not intended to be exclusive and compliance with this article shall not excuse noncompliance with any other applicable provision, requirement, or regulation of this code or any applicable state and federal law.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.130 Violations.

Any person who fails to comply with any provisions of this article after receiving written notice of the violation(s) and being given a reasonable opportunity to correct such violation(s) shall be deemed to be in violation of the article and shall be subject to criminal sanctions and civil remedies pursuant to Section 18.11.140.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.140 Penalties.

Any person violating any provision or failing to comply with any of the requirements of this article shall be deemed guilty of an infraction, and may be subject to the penalties prescribed in Section 1.01.110 of this Code.

In addition to any other remedies or penalties available to the city, the city may enforce the terms of this article through the administrative citation procedures provided in Article 1.02 of this Code.

The city attorney may bring a civil action to seek redress for a violation(s) under this article on behalf of the city. In any such action, the city shall recover all civil penalties prescribed in Article 1.02 (administrative citations) and any other relief the court deems proper.

In any civil action filed pursuant to this subsection where the violation of this article is declared to be a public nuisance, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs; provided that, pursuant to Government Section 38773.5, attorneys' fees shall only be available in an action or proceeding in which the city has elected, at the commencement of such action or proceeding, to seek recovery of its own attorneys' fees. In no action or proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.

(Ord. 2496 § 1, 2017; Ord. 2573 § 1, 2020)

§ 18.11.150 Appeals.

The issuance of a notice of violation by the city following an inspection pursuant to this article, is appealable pursuant to the procedures set forth in this section. The appeal must be in writing and filed within ten calendar days from the date of the decision with the appeal fee established by resolution of the city council. The appeal shall specifically identify the decision which is the subject of that appeal and the reasons why, in the appellant's opinion, the decision is clearly erroneous. Failure of the director to receive a timely notice of appeal constitutes a waiver of the right to contest any such decision. In this event, the decision is final and binding.