Chapter 15.50
MULTI-FAMILY RENTAL DWELLING UNITS

Sections:

15.50.010    Title.

15.50.020    Purpose.

15.50.030    Scope and adoption of rules and regulations.

15.50.040    Inspections authorized; compliance with applicable codes and standards.

15.50.050    Repealed.

15.50.060    Rental unit maintenance standards.

15.50.070    Property maintenance standards.

15.50.080    Repealed.

15.50.090    Program service fees.

15.50.100    Repealed.

15.50.110    Delinquent fees; penalty for late payment.

15.50.120    Exemption.

15.50.130    Inspection reports; corrections of violations.

15.50.140    Enforcement.

15.50.150    Relocation of tenants.

15.50.160    Appeal.

15.50.170    Retaliatory eviction.

15.50.180    Administrative eviction.

Cross references: Zoning, Title 18.

15.50.010 Title.

These regulations shall be known as the Multi-Family Rental Dwelling Unit Inspection and Maintenance Code of the City of Concord, herein referred to as “this code.”

(Code 1965, § 9820; Code 2002, § 14-391. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.020 Purpose.

The purpose of this code is to proactively identify blighted and deteriorated housing stock, to ensure the rehabilitation or elimination of housing that does not meet minimum building code and housing code standards, rental unit maintenance standards, and property maintenance standards, or is not safe to occupy, and to preserve and enhance the quality of life for residents of the city living in multi-family dwelling rental units.

(Code 1965, § 9821; Code 2002, § 14-392. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.030 Scope and adoption of rules and regulations.

This code shall apply to all existing residential rental buildings, including rooming or boarding houses, having four rental units or more on one parcel or site, including parking lots, driveways, landscaping, accessory structures, fences, walls, swimming pools, hot tubs, and spas. Hotels, motels, bed and breakfasts, condominiums, and similar occupancies are specifically excluded from the requirements of this code.

The City Council, by resolution, shall promulgate rules and regulations in administering and participation in the Multi-Family Rental Dwelling Unit Inspection and Maintenance Program pursuant to this code. Such rules and regulations and amendments, upon being filed with the City Clerk, shall constitute enforceable provisions of this code and shall be subject to the penalty provided therein. Violations of the rules and regulations adopted pursuant to this section shall be punishable in accordance with this code.

(Code 1965, § 9822; Code 2002, § 14-393. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.040 Inspections authorized; compliance with applicable codes and standards.

(a) Inspections; conformance with standards.

(1) The City Manager or the City Manager’s designated representative, hereinafter referred to as “Program Manager” or “Inspector,” may inspect rental dwelling units containing four rental units or more and their associated properties to determine whether such properties comply with applicable provisions of the Municipal Code, applicable state and federal laws, State Housing Law pursuant to California Health and Safety Code Division 13, Part 1.5, and with all previous conditions of approval and agreements. Applicable provisions of the Municipal Code include, but are not limited to, the City of Concord Construction Code and the rental unit and property maintenance standards specified in this code.

(2) When inspections are made, buildings shall be required to be in conformance and maintained in accordance with the code standard that was in effect at the time the building was constructed, except for 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 shall be altered or repaired to obtain the required level of compliance or shall be demolished.

(Code 1965, § 9823; Code 2002, § 14-394. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.050 Exterior maintenance standards.

Repealed by Ord. 16-8.

(Code 1965, § 9824; Code 2002, § 14-395. Ord. No. 00-2; Ord. No. 06-5)

15.50.060 Rental unit maintenance standards.

Pursuant to the California Code of Regulations, California Health and Safety Code, and Concord Municipal Code, residential rental buildings shall meet the rental unit maintenance standards as established in the City Council approved policy and procedure. City Council authorizes the Program Manager to modify the rental unit maintenance standards to include new state mandated code provisions or update existing provisions to correspond to state code changes as they occur.

(Code 2002, § 14-395. Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.070 Property maintenance standards.

The property maintenance standards shall apply to the interior and exterior elements of common use areas and facilities which include, but are not limited to, buildings, structures, facilities, landscaping, parking areas, driveway areas, exterior walkways, and exterior lighting. Residential rental buildings shall meet the property maintenance standards as established in the City Council approved policy and procedure. City Council authorizes the Program Manager to modify the property maintenance standards to include new state mandated code provisions or update existing provisions to correspond to state code changes as they occur.

(Code 1965, § 9825; Code 2002, § 14-396. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.080 Notification of inspection; inspection procedure.

Repealed by Ord. 16-8.

(Code 1965, § 9826; Code 2002, § 14-397. Ord. No. 00-2; Ord. No. 06-5)

15.50.090 Program service fees.

Owners of all buildings subject to inspection shall pay the required service fees as set forth in the City Council adopted policy and procedure for the Program and the Resolution Establishing Fees and Charges for Various Municipal Services. The fees will be used to finance the cost of the Program by the City of Concord. Should the owner fail to pay any portion of the required fees, 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. The fees shall be known as the Multiple Family Rental Dwelling Unit Inspection and Maintenance Fees.

(Code 1965, § 9827; Code 2002, § 14-398. Ord. No. 00-2; Ord. No. 01-4; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.100 Reinspection fee.

Repealed by Ord. 16-8.

(Code 1965, § 9827; Code 2002, § 14-399. Ord. No. 01-4; Ord. No. 06-5)

15.50.110 Delinquent fees; penalty for late payment.

If an owner of a building, subject to inspection, fails to pay the Multiple Family Rental Dwelling Unit Inspection and Maintenance Fee after 30 days, the owner shall be required to pay the service fee plus a penalty. The penalty shall be calculated as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 1965, § 9827; Code 2002, § 14-400. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.120 Exemption.

(a) Newly constructed buildings. Newly constructed buildings shall be exempt from this code for a period of five years. The exemption period shall begin to run 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 (with the exclusion of managers’ units) are restricted by federal, state or local governmental programs for a period of not less than 30 years, and the restricting agency inspects a percentage of the units at least annually, shall be exempt from this code.

(c) Self-certification program.

(1) Well-maintained properties with the following characteristics may qualify to participate in the Multi-Family Rental Dwelling Unit Inspection and Maintenance Self-Certification Program per the City Council approved policy and procedure:

a. No previously identified and uncorrected violations of the California Code of Regulations, State Housing Code, California Health and Safety Code, Uniform Code for the Abatement of Dangerous Buildings or Concord Municipal Code at the time the applicant submits the application for self-certification;

b. No outstanding payments associated with the Multi-Family Housing Inspection Self-Certification Program due to the City of Concord; and

c. The owner has a current business license for the facility.

(2) If the Program Manager determines that the property is ineligible to participate in the Self-Certification Program, then the property shall be placed in the Base Program, the rental units and property shall be subject to the inspection rates and frequencies associated with the Base Program, and the property owner shall be assessed the Base Program service fees in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(3) At all times, the City of Concord shall retain the authority to investigate and address any violation of the California Health and Safety Code, California Code of Regulations, State Housing Code, Uniform Code for the Abatement of Dangerous Buildings or Concord Municipal Code.

(4) Any property that participates in the Self-Certification Program may be removed from the program at any time if it fails to meet any portion of the standards in this code or fails to meet any of the qualifications for being considered for the Program.

(d) Notwithstanding any of the above-mentioned exemptions, if a property fails to conform, comply or meet any of the aforementioned requirements, the City of Concord may use all available legal means to enforce any provision of this code.

(e) Any structure and/or premises that does not comply with the provisions of this section shall be subject to an inspection of all the units along with the fees as shall be set forth in the Resolution of Fees and Charges for Various Municipal Services.

(Code 1965, § 9827; Code 2002, § 14-401. Ord. No. 01-11; Ord. No. 03-7; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.130 Inspection reports; corrections of violations.

(a) Report of inspection. Upon completion of the property inspection the inspector may leave written notice of results of the inspection with the owner and/or representative. In the event that the property owner and/or his or her representative refuse to accept the written notice of results of the inspection, the inspector may post such notice on the property. The notice shall contain an itemization of any violation(s) and set forth a period of time for correction ranging from 24 hours up to 120 days. The city may extend the time for correction upon a showing by the property owner that additional time is needed.

(b) Notice and order to correct violation. Whenever the inspector determines that a violation of this code exists, the inspector shall give notice of violation and order to correct to the owner. The notice shall be in writing and shall describe with reasonable detail the violation so that the owner has the opportunity to correct said violation.

(c) Time for correction. The notice and order shall provide a reasonable time, ranging from 24 hours up to 120 days, to correct or otherwise remedy the violation. In determining what is a reasonable time, the city may consider the estimate of local professionals including licensed contractors. The city may extend the time for correction upon a showing by the property owner that additional time is needed.

(d) Service of notice and order. Notice shall be served personally to the owner or by mailing a copy of the notice by certified mail, return receipt requested, to the owner at the address shown on county records. Service of such notice shall be effective on the date the notice is mailed.

(e) Formal notice of noncompliance. Upon completion of the reinspection, a formal notice of noncompliance documenting any uncorrected violations shall be mailed to the property owner within 10 days of the completion of the reinspection. The notice of noncompliance shall be filed in the office of the county recorder, along with a certificate describing the property and certifying that the building is substandard and the owner has been so notified.

(f) Building permits. Building permits for the correction of violations shall be as required by the Municipal Code.

(g) Reinspections. Reinspections will be conducted to verify that the violations identified on the initial inspection have been corrected. 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.

(Code 1965, § 9828; Code 2002, § 14-402. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.140 Enforcement.

If an owner fails to correct any violation after receiving notice of the violation, the city may pursue any civil, criminal and/or administrative remedies in order to gain compliance. Further, the city intends to utilize the provisions of Revenue and Taxation Code § 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 not in compliance. The city is also authorized to use the remedies set forth in the City of Concord Municipal Code and State Housing Code.

(Code 1965, § 9829; Code 2002, § 14-403. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.150 Relocation of tenants.

If any rental unit is found to be unsafe to occupy, the costs and expenses of relocation of any tenant from that unit shall be the responsibility of the owner. The owner may appeal such costs and expenses before the Board of Appeals pursuant to the procedure set forth in the City of Concord Municipal Code.

(Code 1965, § 9830; Code 2002, § 14-404. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.160 Appeal.

Any person aggrieved by a determination of the inspector or a determination regarding eligibility for participation in the Self-Certification Program may appeal to the Board of Appeals in the manner provided in the City of Concord Municipal Code.

(Code 1965, § 9831; Code 2002, § 14-405. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.170 Retaliatory eviction.

It shall be unlawful for a landlord to recover possession of a rental unit in retaliation against a tenant for exercising his right pursuant to state law.

(Code 1965, § 9832; Code 2002, § 14-406. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

15.50.180 Administrative eviction.

Whenever the city is required to obtain an inspection and/or abatement warrant to inspect and/or abate a violation, a warrant fee to recover attorney’s fees and court costs shall be assessed in the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 2002, § 14-407. Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))