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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