The purpose of this chapter is to proactively identify blighted and deteriorated housing stock and to ensure the rehabilitation or elimination of housing that does not meet minimum building code and housing code standards, or is not safe to occupy and further to preserve and enhance the quality of life for residents of the city living in residential rental property.
(Ord. 06-1259 § 2, 2006)
This chapter shall apply to all residential rental property. This includes, but is not limited to, single-family residences, duplexes, condominiums and apartment houses. This chapter shall also apply to areas associated with a residential rental property, including, but not limited to, parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas.
(Ord. 06-1259 § 2, 2006)
A. 
The city manager or his/her designee may periodically inspect every residential rental property in the city and in the event that an inspection is required because the city reasonably believes that the property may be in violation of applicable laws or ordinances. Entry for inspection shall be as a result of either consent or execution of a warrant secured pursuant to California Code of Civil Procedure Sections 1822.51 and 1822.52.
B. 
If, upon the periodic inspection of a residential rental property, no violations of applicable laws or ordinances are determined to exist, the property shall be determined suitable for habitation for a period of one year, or three years if the property is a participant in the self-certification program.
C. 
Tenants of residential rental property may request an inspection of their individual units in order to ensure that the property complies with applicable state law, the International Property Maintenance Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings and the Pittsburg Municipal Code.
(Ord. 06-1259 § 2, 2006; Ord. 10-1330 § 2, 2010)
A. 
A notice shall be mailed to the property owner or his/her designee notifying them of their responsibility as an owner of residential rental property.
B. 
It shall be the responsibility of the property owner to inspect and register the property within 30 days of receiving the notice, thus verifying that such property is maintained according to applicable standards.
C. 
In the event that an inspection is required by the building official and the property owner, his/her designee or tenant in possession of the property to be inspected refuses access to said property, the city attorney is authorized to obtain from a court of competent jurisdiction any warrant necessary to cause the inspection to take place.
D. 
Should an inspection need to be canceled or rescheduled, the property owner or his/her designee shall be notified at least 24 hours prior to the scheduled inspection date.
(Ord. 06-1259 § 2, 2006; Ord. 10-1330 § 2, 2010)
A. 
Well-maintained residential rental properties with no outstanding violations of applicable state law, the International Property Maintenance Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings and the Pittsburg Municipal Code may qualify to participate in the residential rental property inspection self-certification program ("self-certification program"). Qualifying properties will not be subject to inspections for a period of three years; provided, that the conditions do not deteriorate during that time to the point where the property would no longer meet eligibility standards for self-certification program participation.
B. 
To qualify for the self-certification program, a property owner or his/her designee must:
1. 
Conduct a self-inspection of all rental units including interior, exterior and site conditions. Certify that conditions at the property achieve the standards listed on the residential rental property inspection self-certification program's checklist;
2. 
Complete the self-certification program application;
3. 
Pay the registration fee and the appropriate unit inspection fee in the amount set by council resolution from time to time.
C. 
Upon receipt of the request to participate in the self-certification program and payment of the appropriate fee, the city may choose to review current records for possible outstanding code violations, expired construction permits, and complete an inspection of the exterior of all structures which face the street. If an interior inspection is deemed necessary, the property owner or his/her designee must notify the individual tenants of any inspection and make every effort to facilitate access to the property for inspection by the city of Pittsburg. If the city manager or his/her designee determines that the property is qualified to participate in the self-certification program, the property owner will pay the reduced annual registration fee for the second and third years. Recertification will be required every three years.
D. 
If the city manager or his/her designee determines that the property is ineligible to participate in the self-certification program, then the residential rental property shall be subject to inspection and the property owner shall be assessed the non-self-certified fee as well as appropriate unit fees in an amount to be set by council resolution from time to time.
E. 
At all times, the city of Pittsburg shall retain the authority to investigate and address any violation of applicable state law, the International Property Maintenance Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings and the Pittsburg Municipal Code.
F. 
Any property that participates in the self-certification program may be removed from the program at any time if it fails to meet any of the standards listed on the residential rental property inspection self-certification checklist.
(Ord. 06-1259 § 2, 2006; Ord. 10-1330 § 2, 2010)
A. 
Owners of all properties subject to the residential rental property inspection program shall pay in the first year of participation in the program an initial registration fee, in an amount to be set by council resolution. Thereafter, for the following two years property owners who participate shall pay a registration fee based upon the ability to self-certify, in an amount to be set by council by resolution. Thereafter, the following year the owner of residential rental property shall once again complete the registration form, complete the self-certification checklist, and pay the initial registration fee, in an amount set by council by resolution.
B. 
Upon transfer or sale of residential rental property, the seller shall provide written notification to the city building division that the property has been transferred or sold.
C. 
Any fees established pursuant to this chapter which are more than 30 days delinquent shall constitute an assessment against the property for which the fees were billed. Such delinquent fees shall be a lien on the property. The city manager or his/her designee shall notify the property owner of the affected residential rental property not less than 30 days prior to notifying the county that a lien will be placed on the property, and shall state the amount then owned. If full payment is not received within 30 days after said notice, the city manager or his/her designee shall take whatever action is required for the amount due to be included in the next property tax bill assessment for the property.
(Ord. 06-1259 § 2, 2006; Ord. 10-1330 § 2, 2010)
A. 
Newly Constructed Buildings. Newly constructed buildings shall be exempt from this chapter for a period of five years. The exemption period shall begin on the date the building division issues a certificate of occupancy.
B. 
Subsidized Residential Rental Buildings. Those properties where the rents and tenant incomes on 100 percent of the units (excluding the manager's unit) are restricted by federal, state or local governmental programs and the restricting agency inspects each unit at least annually shall be exempt from this chapter.
C. 
Family Occupied Residential Rental Buildings. Those properties where tenants are legitimate relatives within the first and second degree shall be exempt from this chapter. For purpose of this policy, a relative within the first and second degree shall mean spouse or domestic partner, son, daughter, brother, sister, father, mother, grandchild, or grandparent, either by blood, present marriage, or adoption.
(Ord. 06-1259 § 2, 2006; Ord. 10-1330 § 2, 2010)
A. 
Notice of Violation. Whenever the city manager or his/her designee determines that a violation of this chapter exists, the city manager or his/her designee shall give notice of violation and an order to correct to the property owner or his/her designee. The notice shall be in writing and shall describe with reasonable detail the violation so that the property owner or his/her designee has the opportunity to correct said violation.
B. 
Time for Correction. The notice shall provide a reasonable time for correction, ranging from 24 hours to up to 30 days, depending on the severity of the violation. The property owner or his/her designee may request an extension of time, which may be granted if the city manager or his/her designee determines that substantial progress is being made to correct the violation.
C. 
Service of Notice. Notice shall be served at the property. If the property owner or his/her designee is not present, notice shall be posted on the premises and mailed to the property owner at the address shown on the county records. Such notice shall be effective upon mailing.
D. 
Report of Inspection. Depending upon the type of inspection performed, the city manager or his/her designee may leave written notice of the results of the inspection on site with the property manager, his/her designee, tenant, or post such notice on the premises. Reports which include violations and require action on the part of the property owner or his/her designee will include an itemization of any violation(s) and set a period of time for correction ranging from 24 hours to up to 30 days.
E. 
Reinspections. Reinspections shall be conducted to verify that violations identified have been corrected. The property owner or his/her designee shall be responsible for scheduling required reinspections. If the city manager or his/her designee discovers upon reinspection that the work or action requested was not performed, the owner of the property shall be charged a reinspection fee. The reinspection fee shall be paid prior to a reinspection and the cost shall mimic the reinspection fee charged by the building division of the development services department.
F. 
Violations that were not noted on the initial inspection report, but are discovered upon reinspection due to subsequent damage, deterioration, lack of access, or oversight, shall be subject to correction.
(Ord. 06-1259 § 2, 2006; Ord. 10-1330 § 2, 2010)
If, after a notice of violation and order to correct has been issued, a property owner fails to correct the violation, the city may pursue any and all remedies allowed by law. Further, the city intends to utilize the provisions of the Revenue and Taxation Code Section 24436.5 to encourage the elimination of substandard conditions in rental housing. Said section provides for the disallowance for state income tax purposes of interest, depreciation, taxes or amortization deductions, which are derived from the ownership of rental housing which is in violation of the law.
(Ord. 06-1259 § 2, 2006)
If any residential rental property is found to be unsafe to occupy, the costs and expenses of relocation of any tenant or tenants from that property shall be the responsibility of the property owner as provided by law.
(Ord. 06-1259 § 2, 2006)