261 ORDINANCE NO. 261
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA REPEALING IN THEIR ENTIRETY ORDINANCE NO. 221 AND
CHAPTER 5.80 OF THE MUNICIPAL CODE AND ADOPTING AN ORDINANCE
ESTABLISHING A NEW CHAPTER 5.80 (NON-OWNER OCCUPIED/RENTAL
PROPERTY PROGRAM) OF TITLE 5 OF THE MUNICIPAL CODE
WHEREAS, the City Council at their 2005 City-Wide Prioritization Workshop
rated a Rental Housing Ordinance as one of their top 10 priorities for in Fiscal Year
2005-06; and
WHEREAS, the goal of this program is expected to assist the City to clean up
sub-standard rental stock, improve the quality of life in our neighborhoods, and maintain
and or increase the economic value of single-family homes and other rental residences;
and .
WHEREAS, on January 1, 2006, the City Council adopted Ordinance No. 221
adding Chapter 5.80 (Non-owner Occupied/Rental Property Program) to Title 5 of the
Municipal Code.
WHEREAS, at a November 8, 2011, City Council meeting the City Council
discussed changes to the Non-owner Occupied/Rental Property Program including
proposed fee reductions for well-maintained properties and an education program to
assist property owners and managers with the inspection process, and directed staff to
meet with owners and properties managers of the Program.
WHEREAS, on December 7, 2011, a meeting was conducted with owners and
managers of the.Program to discuss the proposed changes as well as obtain their input
on the Program.
WHEREAS, on January 10, 2012, the City Council of the City of.Grand Terrace
conducted a duly noticed public hearing on the proposed Ordinance at the Grand
Terrace City Hall Council Chambers located 22795 Barton Road, Grand Terrace, CA
92313 and concluded the hearing on that date.
WHEREAS, all legal prerequisites to the adoption of this Ordinance have
occurred.
NOW THEREFORE, it is hereby found, determined, and resolved by the City Council of
the City of Grand Terrace, as follows:
SECTION 1. The proposed Ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the. CEQA
Guidelines because the activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
rmitted by such
discharger, and shall be punishable therefore as provided by this section.
B. Any person who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
CEQA. The Ordinance establishes regulations for the inspection of non-owner
occupied and/or rental properties, which would . have a .significant impact on the
environment.
SECTION 2. Ordinance No. 221 and_Chapter 5.80 of the Municipal Code are
repealed in their entirety,, and a new Chapter 5.80 (Non-owner Occupied/Rental
Property Program) to Title 5 of the Municipal Code is adopted, as follows:
"Chapter 5.80
NON-OWNER OCCUPIED/RENTAL PROPERTY PROGRAM
Sections:
5.80.010 Purpose.
5.80.020 Definitions.
5.80.030 Scope.
5.80.040 Exemptions.
5.80.050 Annual inspection fee.
5.80.060 Education.
5.80.070 Inspections authorized--Compliance with applicable codes and standards.
5.80.080 Exterior building maintenance standards..
5.80.090 Exterior site maintenance standards.
5.80.100 Interior maintenance standards.
5.80.110 Notification of inspection--Inspection procedure.
5.80.120 Report of Inspection
5.80.130 Reinspection fee.
5.80.140 Violations.
5.80.150 Enforcement.
5.80.160 Civil action — Receivership.
5.80.170 Appeal process.
Section 5.80.010 Purpose.
The purpose of this chapter is to identify substandard non-owner occupied/rental
property and to ensure rehabilitation or elimination of non-owner occupied/rental .
properties that do not meet minimum building and housing code standards, exterior
maintenance standards or are not safe to occupy.
It is the intention of the city council to establish: a program whereby the exteriors
of non-owner occupied/rental housing units can be inspected on a regular basis and
certified as meeting minimum standards. The City endeavors to target its efforts to
properties where violations exist and are a habitual condition of the property without
unduly burdening responsible and prudent property owners.
the City of Grand Terrace, as follows:
SECTION 1. The proposed Ordinance is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the. CEQA
Guidelines because the activity is covered by the general rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
rmitted by such
discharger, and shall be punishable therefore as provided by this section.
B. Any person who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 5.80.020. Definitions.
For purposes of this chapter, the following terms, phrases and words shall have
the meanings given herein. Unless otherwise expressly stated, words not defined herein
shall be given their common and ordinary meaning.
"Apartment house" means any dwelling, which is designed, built, rented, leased,
let or hired out for occupation, or which is occupied as the home residence of three or
more families living independently of each other in dwelling units.
"Applicable codes and standards" means those minimum standards governing
residential rental property as contained in the State Housing, Building Fire and Civil
Codes.
"Approved" means performed in a manner and/or materials consistent with the
California Building Code in effect at the time. of construction or substantial renovation
unless otherwise provided.
"Basement" means a story having a clear' height of at least seven feet from
finished floor to finished ceiling, the floor level of which is below finished grade but not
less than four feet below the average finished grade, having floor and walls of approved
construction.
"Code enforcement" means city personnel responsible for enforcement of
applicable municipal and building codes and standards. Also referred to as "inspector".
"Habitually substandard" means rental property with code or standards violations
that persist.for six months or more after notice .of violation has been..given and where
there has been no attempt to abate the problem.
"Inspection fee" means a fee set by the city to cover the cost of administering this
program.
"Landscape" means areas defined as the general landscape area, rights-of-way
and detention or pond areas.
"Maintenance standards" means standards, which govern the physical
appearance and condition of both the exterior and interior areas of an apartment house.
"Non-owner occupied/rental property" means a residential dwelling wherein the
owner/landlord gives to another the temporary possession and use of property in
exchange for consideration and the ' latter agrees to return the property to the
owner/landlord.
"Notification of inspection" means notice from the city to the property owner/agent
that the city will be conducting an inspection.
rule that CEQA applies only to
projects which have the potential for causing a significant effect on the environment.
rmitted by such
discharger, and shall be punishable therefore as provided by this section.
B. Any person who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
"Occupant" means any person who occupies a unit, as a tenant or permittee of
the owner, but not an owner-occupied unit.
"Owner" means any individual, partnership; corporation including the agent(s) of
the owner who has title to a residential rental unit.
"Owner occupied" means a residential unit, which is occupied by the owner.
"Well-maintained properties" means properties with no existing violations of the
Grand Terrace Municipal Code, California Housing. Code, California Building Code,
California Fire Code or the California Civil Code.
Section 5.80.030 Scope.
The provisions of this chapter shall apply to all existing non-owner
occupied/rental property, including parking lots, driveways, landscaping, accessory
structures, fences, walls, swimming pools, hot tubs and spas. Hotels, motels,
mobilehome parks, bed and breakfasts, and other similar occupancies are specifically
excluded from the provisions of this chapter.
Code Enforcement.Officers will conduct the initial and subsequent inspections.
Section 5.80.040 Exemptions.
A. Newly Constructed Buildings. Newly constructed buildings shall-be exempt
from this chapter for a period of one year. The exemption period shall begin on the date
a certificate of occupancy is issued.
B. Condominiums. Condominium units of which the ownership consists of the
interior only, shall be exempt from this chapter.
Section 5.80.050 Annual inspection fee.
Property owners with buildings subject to inspection shall pay a fee in the amount
set forth in the resolution establishing fees and charges for various municipal services,
up to a maximum of $10,000 per property. The fee will be used to finance the cost of -
inspection and enforcement of this program. Should the property owner fail to pay the _ -
required fee, the city will recover it, plus accrued interest and penalties, utilizing any .
remedies provided by law including, nuisance abatement or municipal tax lien
procedures established by ordinance or state law. -
A. Good Landlord/Tenant Program. -Well-maintained properties that have
passed inspections.for three-consecutive years may qualify to participate in the good
landlord/tenant program. For qualifying participants, the property owner will pay an
annual inspection fee that is one-half of the City inspection program's annual fee,
mitted by such
discharger, and shall be punishable therefore as provided by this section.
B. Any person who knowingly makes any false statements, representations, or
certifications in any application, record, report, plan, or other documentation filed,
or required to be maintained, pursuant to this chapter, stormwater permit, or order
issued hereunder, or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
provided conditions do not deteriorate to the point where the property would no longer
' meet eligibility standards for program participation. Well-maintained properties that
have passed inspections for four consecutive years will pay an annual inspection fee of
25% of the City inspection program's annual fee. For properties eligible under the
program, a drive-by inspection will be conducted to ensure satisfactory maintenance.
B. Any property that participates in the good landlord/tenant program may be
removed from the program at any time if it fails to meet any or all of the interior and
exterior standards described in this chapter. If a property is removed from the Good
Landlord/Tenant Program, the annual fee will be increased to the next highest fee
percentage. If the property is still not eligible for the Good Landlord/Tenant Program
after the second year, the annual fee will be the full amount.
C. At all times, the City shall retain the authority to investigate and address
any violation of the Grand Terrace Municipal Code, California Housing Code, California
Building Code, California Fire Code or the California Code or Regulations.
Section 5.80.060 Education.
Annually, each property owner will receive an invitation to an educational session
entitled "How to Pass your Inspection". The educational session will be held in
February of each year and presented by City staff.
The property owner and/or property managers shall be provided an explanation
of what to expect during their inspections that will allow them to objectively assess their
own property. The educational session will familiarize property owners, and property
managers, with the basic procedures of an inspection, what is considered a violation,
and what is considered compliance with the Municipal Code, California Housing Code,
California Building Code, California Fire Code and the California Civil Code.
Section 5.80.070 Inspections authorized--Compliance with applicable codes and
standards.
A. Inspections--Conformance with Standards.
1. A City Code Enforcement Officer shall conduct an annual exterior
inspection of all non-owner occupied/rental properties located within the City. If at the
time of the exterior inspection violations are found or other probable cause is present to
believe there may be violations within the interior of the property, the inspecting officer
may request that an interior inspection be completed. In the event a tenant in
possession of a 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 based on just cause, to conduct the inspection.
1
or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
2. Buildings shall be maintained in accordance with the code standard
that was in effect at the time the building was constructed, and any additional
requirements mandated by the Municipal Code or State Law.
B. Noncomplying Structures. Structures and premises that do not comply
with the provisions of this code and the codes listed above must be altered or repaired
to obtain the required level of compliance or demolished.
Section 5.80.080. Exterior building maintenance standards.
In addition to the California Model Building Codes and City of Grand Terrace
Municipal Code, and California Health and Safety Code, residential non-owner
occupied/rental buildings shall meet the following exterior building maintenance,
standards:
A. Buildings, or portions thereof, shall have exterior walls that are weather
tight, or watertight, and kept free of deterioration, holes, breaks, or loose boards or
coverings. Roof surfaces shall be watertight and not have any defects that will allow
water to enter into the structure.
B. The exterior finish of all structures shall be maintained. If the exterior finish
of a structure is paint or stain, the structure shall be painted or stained prior to a time
when the exterior finish has substantially deteriorated. .
C. All architectural projections such as cornices, moldings, lintels, sills and
similar projections shall be maintained in good repair and free of defects.
D. All chimneys, antennas, vents, gutters and downspouts and similar
projections or building accessories shall be structurally sound and in good repair. Such
projections shall be properly secured, when applicable, to an exterior wall or roof.
E. Windows shall be weather tight, free from loose and broken glass and
cracks that could cause physical injury or allow the .elements. to enter the structure.
Exterior doors shall be maintained weather tight, water tight and rodent proof. Exterior
doors of rental dwelling units shall be solid core or equivalent and be provided with an
inside thumb-turn deadbolt-locking device that tightly secures the main entry door.
F. All structures and exterior property shall be maintained free of rodent,
insect or vermin infestation, which creates an unsafe or unsanitary environment on -the
subject, or adjacent buildings or properties.
G. All accessory structures shall be maintained in a state of good repair or
removed from the site. Such structures shall include,.,but not be limited to, clubhouses,
offices, maintenance buildings, carports, retaining,walls, fences, garages, swimming
pools, spas, hot tubs, and miscellaneous sheds or structures.
1 -
just cause, to conduct the inspection.
1
or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 5.80.090 Exterior site maintenance standards.
In addition to the California Model Building Codes and City of Grand Terrace
Municipal Code and Health and Safety Code, residential non-owner occupied/rental
buildings shall meet the following exterior site maintenance standards:
A. There shall be no accumulation of weeds, vegetation, junk (to include, but
not be limited to, abandoned, unused or nonoperational appliances, equipment,
vehicles, machinery, or household "furnishings), dead organic matter (including lawns),
debris, garbage, stagnant water, combustible materials or similar materials or
conditions.
B. All parking areas shall be improved with an impervious surface and kept
free of potholes, cracks or, other deterioration. All striping and signage, including
parking signage and fire lane or access signage, shall be maintained in good condition
and clearly legible.
C. All landscape and hardscape areas shall be maintained so as not to
constitute a public-nuisance.
D. Refuse enclosures shall be installed and maintained at multi-family
properties. Oversized trash that will not fit within the refuse enclosure shall be removed
from the property.
Sections 5.80.100 Interior maintenance standards.
In addition to. the California Model Building Codes and Health and Safety Code,
residential non-owner occupied/rental buildings shall meet : the following interior
maintenance standards as defined in California Code of Regulations (CCR) Title 25
definition of a "habitable" rental unit:
A. Plumbing facilities in good working order, including hot and cold running
water, connected to a sewage disposal system;
B. Gas facilities in good working order;
C. Heating facilities in good working order;
D. An electric system, including lighting, wiring, and equipment, .in good
working order;
E. Clean and sanitary buildings, grounds, and appurtenances (detached
garage, garden, etc.) free from debris, garbage, rodents, and vermin;
F. Adequate trash receptacles in good repair;
G. Floors, stairways, and railings in good.repair;
operty shall be maintained free of rodent,
insect or vermin infestation, which creates an unsafe or unsanitary environment on -the
subject, or adjacent buildings or properties.
G. All accessory structures shall be maintained in a state of good repair or
removed from the site. Such structures shall include,.,but not be limited to, clubhouses,
offices, maintenance buildings, carports, retaining,walls, fences, garages, swimming
pools, spas, hot tubs, and miscellaneous sheds or structures.
1 -
just cause, to conduct the inspection.
1
or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
H. A working toilet, wash basin, and bathtub or shower;
I. A kitchen with a sink not made of absorbent material.
J. Natural light in every room through windows or skylights. Windows in
each room must be able to open at least halfway for ventilation, unless a fan provides
mechanical ventilation;
K. Safe fire or emergency exits leading to a street or hallway. Stairs,
hallways, and exits must be kept litter-free. Storage areas, garages, and basements
must be kept free of combustible materials;
L. Operable thumb-turn deadbolt locks on the interior of the main entry doors
of rental units, and operable locking or security devices on windows; and
M. Working smoke detectors in all units of multi-unit buildings, such as
duplexes and apartment complexes. Apartment complexes also must have smoke
detectors in common stairwells.. Effective July 1, 2011, the Carbon Monoxide Poisoning
Prevention Act (Senate Bill —.SB 183) requires all single-family homes with an attached.
garage or a fossil fuel source to install carbon monoxide alarms within the home by July
1, 2011. Owners of multi-family leased or rental dwellings, such as apartment buildings,
have until January 1, 2013 to comply with the law.
Section 5.80.110 Notification of inspection--Inspection procedure.
A. The exterior of;the property will be inspected within the first three to six -
months of each calendar year. The property owner or property manager may request a
scheduled inspection. For properties of 16 units or more, the inspector will contact the
property owner or property manager to set an appointment for the inspection.
B. If probable cause is observed to warrant an interior inspection, a letter of
intent to inspect the property shall be mailed _ to .the property owner stating an
approximate date and time of inspection .
C. . It shall be the responsibility of the propertyowner to notify any individual
tenants of an interior inspection.
D. . At the invitation of the tenant in possession of the property,-City Code
Enforcement Officers may enter the property for scheduled or unscheduled inspection.
Section 5.80.120 Report of Inspection.
Upon completion of the property inspection, the inspector shall send a written
report of inspection, via regular mail, to the property .owner. The report of inspection
shall contain an itemization of the violation(s) and set period of time for correction
ranging from twenty-four hours to up to sixty days..
t be limited to, clubhouses,
offices, maintenance buildings, carports, retaining,walls, fences, garages, swimming
pools, spas, hot tubs, and miscellaneous sheds or structures.
1 -
just cause, to conduct the inspection.
1
or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Section 5.80.130 Reinspection fee.
Upon inspection, the inspector may instruct the owner of the facility, to perform
work, take action, or refrain from action to ensure compliance with applicable codes. If
the inspector discovers- upon reinspection that the work, action, or inaction requested
was not performed, the property owner.shall be charged a reinspection fee to the extent
set.forth in the resolution establishing fees and charges for various municipal services.
Should the property owner fail to pay the required fee, the City will recover the amount
of the fee'plus accrued interest and penalties utilizing any remedies provided by law
including nuisance abatement or municipal tax lien procedures established,by ordinance
or state law.
Section 5.80.140 Violations.
A. Notice of Violation. Whenever the inspector determines that a violation of
this chapter exists, the inspector shall give notice of violation and an order to,correct to
the property owner. The notice shall be in writing, sent via both mail and certified mail,
and shall describe'the violation in sufficient detail so that a reasonable owner would
understand the violation(s) and have the opportunity to correct said violation(s).
B. Time for Correction. The notice shall provide a reasonable time for
correction, ranging from twenty-four hours to up, to ninety days from the date of the
notice of violation mailing, depending upon the severity of the. violation. The owner may
request an extension of time. The extension may be granted if the inspector determines
that substantial progress is being made to correct the violation. .
C. Building Permits Required. Building permits'for the correction of violations
shall be issued, as required by the California Building Code, through the City Building
and Safety/Public Works Department.
D. Reinspections. Reinspections will be conducted to verify that-the violations
identified on the initial inspection have been corrected. Any violations. that were not
noted on the initial inspection report, but are discovered on the reinspection due to
subsequent damage or deterioration, shall be subject to correction.
Section 5.80.150 Enforcement.
Each violation that continues after the set date of correction with.no attempt to
abate the violation shall be subject to a one hundred dollar fine, two hundred dollars for
the second citation, and five hundred dollars for the third and subsequent citations per
violation.
The- failure of any property owner to pay fines assessed by administrative
citation, within the specified time, will result in the city's pursuit of all legal remedies
available to recover amount of the fine, penalties, and associated costs.
o conduct the inspection.
1
or who falsifies, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
Further, the City intends to utilize the provisions of _California Revenue and
Taxation Code. Sections. 17274 and .24436.5 to encourage the elimination of
substandard conditions in non-owner occupied/rental property. Said section provides for
the disallowance of state income tax interest, depreciation, taxes, or amortization
deductions that are derived from the ownership of rental housing that is not in -
compliance. The City is also authorized to use the remedies set forth in the California
Building Code and the California Code of Regulations.
If after the City has pursued all available options under the law.and the property
still has not been brought into full compliance with applicable codes and standards, the
City will use reasonable means to abate the nuisance and seek recovery from the
property owner. Such steps shall be taken no later than twelve months after the .initial
violation is found. In extreme cases recovery may include the use of civil actions,
specifically receivership proceedings.
Section 5.80.160 Civil action--Receivership.
The City may petition the Superior Court for the appointment of a receiver over a
substandard property if the property owner has failed to comply .with .the terms of a
notice or order to repair issued by the City.
The petition seeks to authorize the receiver-to rehabilitate the property, borrow
funds as necessary to pay for the rehabilitation and other receivership costs, and secure
any incurred debt with a recorded super-priority lien on the property.
The petition seeks a preliminary injunction that would order the property owner
and other interested parties to immediately turn over possession of the property to the
receiver, prohibit the owner and other interested parties from collecting income from the
property, interfering . with the receiver, or encumbering the property .during the
receivership.
The petition seeks to prohibit existing mortgages from undertaking foreclosure.
proceedings against the property during the receivership.
Section'5.80.170 Appeal process.
Any person desiring to appeal a determination of the inspector may appeal in
writing and submit an advance deposit of the fine or fee to the City Clerk's office, 22795
Barton Road, Grand Terrace, CA 92313 within 15 days from the date the citation or
reinspection fee was issued. An appeal will result in an administrative hearing. The
determination of the administrative hearing officer shall be final."
SECTION 3. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
phrases or portions of it be declared invalid or unconstitutional. If for any reason any
portion of this ordinance is declared invalid or unconstitutional, then all other provisions
shall remain valid and enforceable.
SECTION 4. This ordinance shall take effect thirty days from the date of
adoption. .
SECTION 5. Posting: The City Clerk shall cause this Ordinance to be posted
in three (3) public places within fifteen (15) days of its adoption, .as designated for such
purpose by the City Council
SECTION 6. First introduced at a regular meeting of the City Council held on
the. 10th day of January, 2012 and finally adopted and ordered posted at a regular
meeting of.said City Council on the 24t" day.of January, 2012.
ATTEST:
1 ,
OAAuL( CAuLSL(/
City Clerk-offAhe City of Gran&
errace Mayor of the City of Grand Terrace
and of the City Council there and of the City Council thereof
I, Tracey Martinez, City Clerk of the City of Grand Terrace, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting of.the City Council on the
10th of January 2012, and adopted at a regular meeting of the City Council of the City of
Grand Terrace.held on the 24th day of January 2012, by the following vote:
AYES: .Councilmembers McNaboe, Sandoval and Hays; Mayor Pro Tem Garcia and
Mayor Stanckiewitz .
NOES: None
ABSENT: None
ABSTAIN:ABSTAIN: None
kto
Tracey M inez-,City Clerk
Approved as a or.4011
Richard L. Adams, City Attorney .
d other interested parties to immediately turn over possession of the property to the
receiver, prohibit the owner and other interested parties from collecting income from the
property, interfering . with the receiver, or encumbering the property .during the
receivership.
The petition seeks to prohibit existing mortgages from undertaking foreclosure.
proceedings against the property during the receivership.
Section'5.80.170 Appeal process.
Any person desiring to appeal a determination of the inspector may appeal in
writing and submit an advance deposit of the fine or fee to the City Clerk's office, 22795
Barton Road, Grand Terrace, CA 92313 within 15 days from the date the citation or
reinspection fee was issued. An appeal will result in an administrative hearing. The
determination of the administrative hearing officer shall be final."
SECTION 3. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43
An Ordinance of the City Council of the City of Grand Terrace, California
repealing in their entirety Ordinance No. 221 and Chapter 5.80 of the Municipal
Code and adopting an Ordinance establishing a new Chapter 5.80 (Non-Owner
Occupied/Rental Property Program) of Title 5 of the Municipal Code. This
Ordinance was duly introduced for first reading at the City Council meeting of
January 20, 2012 and will be presented for a second reading at the meeting of
January 24, 2012.
Chapter 5.80 establishes the Non-Owner Occupied/Rental Property Program
which identifies substandard non-owner occupied/rental property and ensures
the rehabilitation or elimination of properties that do not meet minimum building
and housing code standards, exterior maintenance standards or are not safe to
occupy. Revisions to Chapter 5.80 include the elimination of air-space
condominiums from the program, fee reductions for well-maintained properties,
maximum annual fee amounts for apartment complexes, revisions to the program
definitions and inspection notification process, and the addition of an annual
education session for all non-owner occupied/rental property owners and
managers.
This Ordinance shall go into full force and effect at 12:01 a.m. on the thirty-first
(31st) day after its passage.
Copies of this Ordinance are available through the City Clerk's office for
examination and purchase by the general public.
ABSENT: None
ABSTAIN:ABSTAIN: None
kto
Tracey M inez-,City Clerk
Approved as a or.4011
Richard L. Adams, City Attorney .
d other interested parties to immediately turn over possession of the property to the
receiver, prohibit the owner and other interested parties from collecting income from the
property, interfering . with the receiver, or encumbering the property .during the
receivership.
The petition seeks to prohibit existing mortgages from undertaking foreclosure.
proceedings against the property during the receivership.
Section'5.80.170 Appeal process.
Any person desiring to appeal a determination of the inspector may appeal in
writing and submit an advance deposit of the fine or fee to the City Clerk's office, 22795
Barton Road, Grand Terrace, CA 92313 within 15 days from the date the citation or
reinspection fee was issued. An appeal will result in an administrative hearing. The
determination of the administrative hearing officer shall be final."
SECTION 3. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion of it
irrespective of the fact that any one or more sections, subsections, sentences, clauses,
, tampers with, or knowingly renders inaccurate
any monitoring device or method required under this ordinance shall, upon
conviction, be punished by a fine of not less than three thousand dollars ($3,000)
per day of violation or by imprisonment or by both.
ppropriate legal, equitable, or injunctive
relief against any person who has violated or continues to violate any provision of
cer of the discharger.
_ I
wastes
discharged within the spill containment system shall be disposed of in accordance with
all applicable federal, state, and local rules, regulations, and laws, and shall not be
e receipt of a supplemental or amended application, the community
development director shall again determine whether the application is complete.
Page35of43
upp. 1140 (E.D. Tenn. 1995);
Page 9 of 43
o not adequately protect the health, safety, and general welfare of
Page 6 of 43
' cases of congenital syphilis, were reported for Los Angeles County residents, while the
2010 Communicable Diseases Report reported 355 cases of hepatitis B were reported
Page 2 of 43