Chapter 5.32
RESIDENTIAL RENTAL UNITS
Sections:
5.32.010 Residential rental units.
5.32.010 Residential rental units.
A. It is declared a public nuisance for any person or entity owning, leasing out, renting out, occupying, or having charge or possession of any residential rental dwelling, property and/or unit(s) in the city to maintain such residential rental dwelling, property and/or unit(s) in such a manner as to permit the tenant(s), any member of the tenant’s household and/or their children and/or their guests and/or their visitors while on the premises, to create or permit a violation pursuant to this code, or to violate or to permit the violation of any lease provision required pursuant to this section. A violation of this code or of any lease provision required pursuant to this section shall include, but shall not be limited to, any criminal or other activity on such premises that threatens the health, safety, or right of peaceful enjoyment of the premises of the other residents or adjacent property owners and/or any drug-related or criminal activity on such premises, wherein the owner is aware of the aforesaid violations and fails to take all reasonable, legally and contractually permitted action(s) or to make reasonable expenditure(s) to correct the violation(s) within a reasonable period of time, which shall be designated as thirty (30) days after notice. Such violation may, in the city’s discretion, be abated pursuant to Chapters 1.12 and 1.20 of this code and/or pursuant to the procedures for abatement which are conferred upon the city by Civil Code Section 3494, Code of Civil Procedure Section 731, Health and Safety Code Sections 11570-11579, Government Code Section 38773 and other lawful authority. Further, to the extent reasonable actions or reasonable expenditures by the owner would have averted the costs, any person or entity owning, leasing out, renting out, occupying, or having charge or possession of any residential rental dwelling, property and/or unit(s) in the city shall be responsible for the administrative costs and/or any other costs of the city in abating or causing the owner or other person responsible for the property to abate a violation of this code, pursuant to chapters 1.12 and 1.20 of this code.
B. Any residential rental dwelling, property or complex having sixteen (16) or more rental units shall have an on-site resident manager reasonably available during normal business hours. If the residential rental dwelling property or complex has more than four, but less than sixteen (16) rental units, a notice stating the owner’s name and address, or the name and address of his or her agent in charge of the apartment complex shall be posted in a conspicuous place on the premises. The requirements of this section are intended to be declarative of, and consistent with, state law.
C. Each owner and/or manager of each residential rental dwelling, property and/or unit(s) shall comply with the following:
1. Provide each tenant, pursuant to the compliance schedule required by subsection D of this section, with a written agreement, in the form of a lease, rental agreement or, for any tenancy of less than one year, other enforceable written contract, signed by the tenant and owner, or his or her agent, or his or her designee, which rental agreement shall contain the following to the extent permitted by any applicable state or federal regulatory requirements:
a. A provision in which the tenant(s) acknowledge(s) the responsibility for their actions and for the actions by household members, and/or their children, and/or their guests, and/or their visitors while on the premises;
b. A provision prohibiting tenant(s), all household members, their children, guests, visitors, and other individuals under their control from being involved in any illegal activities on or near the premises including, but not limited to:
i. Any criminal or civil activity that threatens the health, safety, or right of peaceful enjoyment of the premises by other residents or adjacent property owners, or
ii. Any drug-related or criminal activity on or near such premises;
c. A provision putting the tenant(s) on notice that any disturbance, criminal activity and/or violation(s) of the agreement attributable to any tenant(s) or household members, or their children, guests, or visitors shall constitute a serious and material lease violation and shall be cause for termination of tenancy and eviction from the unit in accordance and compliance with all applicable state, federal and local laws;
d. A lease provision identifying how the property manager will assign and control all parking areas to ensure that activities occurring there do not constitute a public nuisance or disturbance problem. Such provision shall prohibit activities in parking areas which constitute a public nuisance, a disturbance of the peace or quiet enjoyment of the occupants of the property or neighboring properties, or a violation of any federal, state or local law, and shall include, but shall not be limited to, fighting, littering, consumption of alcohol or of any illegal drug, narcotic or controlled substance, prostitution, brandishment of any weapon, urination, defecation and intoxication.
2. A copy of the signed lease agreements, or addenda containing the information required under this section, shall be kept in the office of the property manager. All lease agreements, rules and regulations shall be either in English or Spanish, according to the tenant’s native language, or shall be explained to the tenant(s) by an interpreter signing an affidavit.
D. Each owner or manager of a residential dwelling, property or unit(s) which is rented or leased to, or occupied by, a residential tenant or tenants shall comply with the requirements of Subsection C1 of this section according to the following schedule:
1. For each residential rental property, dwelling or unit(s) which is rented or leased to, or occupied by, a new tenant or tenants subsequent to the effective date of this section, the owner or manager shall require the incorporation of all the information required by Subsection C1 of this section in a written lease addendum at such time as the property, dwelling or unit(s) is rented or leased to, or occupied by, such new tenant or tenants.
2. For each residential rental property, dwelling or unit(s) which is occupied pursuant to a written lease in effect as of the effective date of this section, the owner or manager shall not be required to incorporate the information required by Subsection C1 of this section in a new lease or lease addendum until such time as the existing tenancy is terminated and the property, dwelling or unit(s) is rented or leased to, or occupied by, a new tenant or tenants. Notwithstanding the foregoing, however, for each such residential rental property, dwelling or unit which is rented or leased to, or occupied by, an existing tenant or tenants pursuant to a written lease in effect as of the effective date of this section, the owner and/or manager shall provide each such existing tenant with a copy of the house rules within sixty (60) days of the effective date of this section.
3. For each residential rental property, dwelling or unit(s) which is occupied as of the effective date of this section on a month-to-month or other holdover basis, the owner or manager shall be required to incorporate the information required by Subsection C1 of this section in a new lease or lease addendum within thirty (30) days of the earlier of either:
a. Notification to the existing tenant of any change in the terms or conditions of such month-to-month or other holdover tenancy, including, but not limited to, any rent modification; or
b. One year subsequent to the effective date of this section.
E. Responsibility for Property Maintenance.
1. Every owner of real property within the city is required to maintain such property in a manner so as not to violate the provisions of this code and such owner remains liable for violations thereof regardless of any contract or agreement with any third party regarding such property.
2. Every occupant, lessee, tenant, or holder of any interest in real property, other than the owner thereof, who has assumed responsibility for the maintenance of such property under the terms of a written lease, rental agreement, or other contractual arrangement, and to the extent of that legal responsibility, shall maintain the property in a manner so as not to violate the provisions of this code. At the request of the city manager, or his or her designated representative, the person claiming a limitation on his or her responsibility for maintenance shall produce for inspection the document establishing such limitation.
F. The terms “owner” and “property owner,” as used in this section, and unless otherwise required by the context, mean the owner or owners of record of real property as shown on the latest equalized assessment roll of Napa County, or as otherwise known to the planning director or such other city official as may be designated by the city manager by virtue of more recent and reliable information. (Ord. 02-3 § 11; prior code § 11.5)