Chapter 15.20
HOUSING CODE*

Sections:

15.20.001    Severability.

15.20.002    Definitions.

15.20.010    California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition adopted by reference.

15.20.020    Section 201.1 amended to designate Assistant Director of Building and Housing as Building Official.

15.20.030    Section 203.1 amended to designate Board of Appeals and Advisors as Housing Advisory and Appeals Board.

15.20.040    Section 304 added to require annual housing permit.

15.20.050    Section 305 added to require housing permit fees to be set by City’s master fee schedule.

15.20.060    Section 306 added to require suspension or revocation of annual housing permit where operation is nonconforming.

15.20.070    Hotel/motel – Permit to operate.

15.20.080    Hotel/motel – Guestroom – Minimum requirements.

*    For statutory authority for cities to adopt codes by reference, see Gov. Code § 50022.1, et seq.; for statutory adoption of building codes and other codes to apply as housing construction regulations throughout the State, see Health and Safety Code § 17922.

    Prior legislation: Prior code §§ 16A.1, 16A.3, 16A.5, 16A.6 and 16A.7; Ords. 1357, 1594, 1606, 1735 and 1817.

15.20.001 Severability.

It is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter. (Ord. 3041 § 1, 2006).

15.20.002 Definitions.

For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Guestroom” means a sleeping room in a hotel/motel designed and intended to be used as lodging for transient visitors to the City as documented by the City Building Official or his designee;

B. “Hotel/motel” means any building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging house or single room occupancy residences);

C. “Residential rental unit” means an apartment house, single room occupancy residence, boarding or lodging house, or dwelling that is not owner occupied;

D. “Single room occupancy residence (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more dwelling units that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared;

E. “Toilet room” means a room that can be made private by locking a door that contains a toilet and shall comply in all ways with the California Building Codes in effect upon its construction. Toilet rooms may also contain lavatories, bathtubs or showers;

F. “Transient” as defined in CVMC 3.40.020. (Ord. 3443 § 2(A), 2018; Ord. 3041 § 1, 2006).

15.20.010 California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition adopted by reference.

There is hereby adopted by reference that certain document known and designated as the California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition as copyrighted by the International Conference of Building Officials. Said document is hereby adopted as the housing code of the City of Chula Vista, California, providing for the issuance of housing permits and providing the minimum requirements for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings in the City of Chula Vista, and the regulations, provisions, penalties, conditions and terms of said California Housing Code 1998 Edition and Uniform Housing Code 1997 Edition are hereby referred to, adopted, and made a part hereof, as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended. (Ord. 3041 § 1, 2006; Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2344 § 1, 1989; Ord. 2159 § 1, 1986; Ord. 2046 § 1, 1983).

15.20.020 Section 201.1 amended to designate Assistant Director of Building and Housing as Building Official.

Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as follows:

Section 201.1 Authority. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purpose, the building official shall have the powers of a law enforcement officer.

The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. The building official shall be the assistant director of planning and building.

(Ord. 3041 § 1, 2006; Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2439 § 6, 1991; Ord. 2344 § 1, 1989; Ord. 2046 § 1, 1983).

15.20.030 Section 203.1 amended to designate Board of Appeals and Advisors as Housing Advisory and Appeals Board.

Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows:

Board of Appeals and Advisors.

Section 203.1 General. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby established a board of appeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy of residential structures. The assistant director of planning and building shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council. The board shall render all decisions and findings in writing to the assistant director of planning and building with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the city of Chula Vista.

(Ord. 3041 § 1, 2006; Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2344 § 1, 1989).

15.20.040 Section 304 added to require annual housing permit.

Section 304, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which section shall read as follows:

Annual Housing Permit.

Section 304.1 It shall be unlawful for any person, firm, partnership, or corporation, either for himself or itself, or for any other person, firm, partnership, or corporation to own or operate an apartment house, boarding or lodging house, hotel/motel, or single room occupancy residence without first obtaining a housing permit therefor.

Section 304.2 The annual housing permit provided for in this code shall be due and payable to the city of Chula Vista on the first day of January of each year in advance. The housing permit fee shall be paid concurrently with the business license fee.

Section 304.3 If any person, firm, partnership or corporation commences the operation of an apartment house, boarding or lodging house, hotel/motel, or single room occupancy residence during the calendar year, the housing permit shall be prorated on a quarterly pro rata basis for the calendar year.

Section 304.4 A permit to operate and maintain an apartment house, boarding or lodging house, hotel/motel, or single room occupancy residence is not transferable.

(Ord. 3443 § 2(B), 2018; Ord. 3041 § 1, 2006; Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2344 § 1, 1989; Ord. 2159 § 1, 1986; Ord. 2046 § 1, 1983).

15.20.050 Section 305 added to require housing permit fees to be set by City’s master fee schedule.

Section 305, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which section shall read as follows:

Housing Permit Fees – Residential Rental Units, Apartment Houses, Boarding or Lodging Houses, Hotels/Motels, or Single Room Occupancy Residences.

Section 305.1 The fee for a housing permit required by Section 304 of this code shall be as presently designated, or as it may hereafter be amended, as set forth in the master fee schedule of the City of Chula Vista.

For the purpose of this section, a “unit” shall mean each rental dwelling in an apartment house or single room occupancy residence, each sleeping room in a hotel, motel, and boarding or lodging house, and each rental dwelling unit and each hotel/motel sleeping room in a building containing both apartments and hotel/motel sleeping rooms.

Separate residential rental dwelling units and separate hotel/motel buildings, or combination thereof, located upon a single parcel of land or contiguous parcels of land, under the same ownership, shall be treated as one residential rental building, or hotel/motel, for the purpose of computing the fee prescribed by this section.

Section 305.2 Penalty for Delinquent Payment. If the housing permit is not paid on or before the thirtieth day of the month following the date when it became due, then a penalty in an amount equal to twenty-five percent of the permit fee due and payable shall be added thereto, and no such permit shall be issued until such penalty has been paid.

Section 305.3 The building Development Services Director shall cause to be made such inspections, at such intervals, as shall be deemed necessary to insure compliance with the provisions of this code.

(Ord. 3443 § 2(C), 2018; Ord. 3041 § 1, 2006; Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992; Ord. 2344 § 1, 1989; Ord. 2159 § 1, 1986; Ord. 2046 § 1, 1983).

15.20.060 Section 306 added to require suspension or revocation of annual housing permit where operation is nonconforming.

Section 306, and the title precedent thereto, is added to the Uniform Housing Code, as it applies in Chula Vista, which section shall read as follows:

Suspension and Revocation of Housing Permit.

Section 306 Whenever it is found that any apartment house, boarding or lodging house, hotel/motel, or single room occupancy residence is not being conducted in conformity with this code, the annual housing permit to operate shall be subject to revocation or suspension by the building official.

(Ord. 3443 § 2(D), 2018; Ord. 3041 § 1, 2006; Ord. 2784-B § 1, 1999; Ord. 2645 § 1, 1995; Ord. 2510 § 1, 1992).

15.20.070 Hotel/motel – Permit to operate.

In addition to the requirements of CVMC 15.20.060, hotel/motels must have a permit to operate as required by Chapter 5.39 CVMC. (Ord. 3041 § 1, 2006).

15.20.080 Hotel/motel – Guestroom – Minimum requirements.

No person or hotel/motel may offer for rent, use, or occupancy any guestroom that does not meet or exceed the following minimum equipment and amenities:

A. An American standard double-size mattress or larger made with 100 percent new material resting on a box spring and supported on a frame or pedestal and maintained in a sanitary, nondefective condition;

B. Clothes closet with clothes rod;

C. Luggage rack or luggage support counter;

D. Toilet room;

E. Lavatory;

F. Bathtub or shower;

G. Heating and air conditioning under guest control;

H. Mirror securely attached to a wall and with minimum dimensions of 12 inches by 12 inches;

I. Security deadbolt on the entry door incorporating no special knowledge panic release hardware and in compliance with California Code of Civil Procedures Section 1941.3;

J. Solid core entry door securely mounted within its frame;

K. Doorguard constructed of solid brass or stainless steel;

L. Door viewer with 160-degree view in all directions installed in the guestroom entry door;

Exception:

1. Sidelight or window in close proximity to the door is also acceptable.

M. Twenty-four (24) hour free emergency telephone access to the front desk and to 911 services;

N. A rate schedule for services posted in each guestroom in a conspicuous place in compliance with California Code of Civil Procedures Section 1863;

O. Insect screens on all operable windows;

P. Functional locking mechanisms on all operable windows and sliding glass doors in compliance with California Code of Civil Procedures Section 1941.3;

Q. Window coverings on each transparently glazed window that provide for complete privacy when closed and that are free of holes, tears, and frayed areas, defined as in excess of a one-inch square combined total area, and that meet the California Title 19 requirements for fire safety. (Ord. 3041 § 1, 2006).