Chapter 23.50
RESIDENTIAL HIGH OCCUPANCY LICENSING AND REGISTRATION
Sections:
23.50.010 Purpose of Residential High Occupancy Permit.
23.50.020 When a Residential High Occupancy Permit Is Required.
23.50.030 How to Apply for a Residential High Occupancy Permit.
23.50.040 Application for a Residential High Occupancy Permit.
23.50.050 Issuance of a Residential High Occupancy Permit.
23.50.060 Enforcement and Administrative Remedies.
23.50.070 Enforcement by Designees.
23.50.080 Violations Punishable.
23.50.010 Purpose of Residential High Occupancy Permit.
The purpose of these procedures is to provide for annual review and inspection of high occupancy single-family dwelling units for conformance with the applicable zoning and building regulations by ensuring that high occupancy units provide adequate parking and minimize impacts to adjacent properties. (Ord. 09-10 § 2, 6/23/09)
23.50.020 When a Residential High Occupancy Permit Is Required.
A. On and after July 23, 2010, a residential high occupancy permit is required for any single-family dwelling unit that is rented or leased (in whole or in part) and is occupied by more than six (6) persons that are eighteen (18) years of age or older.
1. Prior to the rental or sale of a single dwelling unit, the property owner shall disclose the requirement for a residential high occupancy permit to prospective tenants or buyers.
2. The residential high occupancy permit requirement shall apply to a single dwelling unit regardless of whether six (6) or more persons eighteen (18) years of age and older resided in the dwelling unit prior to the effective date of the ordinance codified in this chapter.
B. Notwithstanding the foregoing, a residential high occupancy permit shall not be required for any dwelling unit that is exempt from such regulation by virtue of any state law. (Ord. 09-10 § 2, 6/23/09)
23.50.030 How to Apply for a Residential High Occupancy Permit.
A. Within thirty (30) days of an increase in a single-family dwelling unit occupancy, that is rented in whole or in part, such that the occupancy meets or exceeds that set forth in Section 23.50.020(A), a property owner shall apply for a residential high occupancy permit in accordance with Section 23.50.040.
B. The residential high occupancy permit application and applicable fees shall be resubmitted annually by the property owner to ensure compliance with the provisions of this chapter.
C. A fee waiver for economic hardship may be requested with the permit application and shall be granted where a property owner demonstrates to the satisfaction of the City Manager that their annual income is less than the area median income.
D. It is unlawful for any responsible person to violate any requirement of this chapter. (Ord. 09-10 § 2, 6/23/09)
23.50.040 Application for a Residential High Occupancy Permit.
An application for a residential high occupancy permit shall demonstrate on submitted plans that one (1) off-street parking space per occupant eighteen (18) years of age or older will be accommodated on the premises. In cases where an occupant eighteen (18) years of age or older does not have a vehicle or valid driver’s license, the applicant shall provide evidence to the satisfaction of the City Manager to demonstrate the need for a lower parking requirement, which shall be documented in the permit record. The form of the application shall be approved by the City Manager, or his designee. Review of the application may include an inspection of the premises by designees of the City Manager for purposes of verifying the information contained in the application, as well as confirming that the dwelling unit is in compliance with the provisions of this code. The application shall be submitted with the annual permit fee, as set by City Council resolution. (Ord. 09-10 § 2, 6/23/09)
23.50.050 Issuance of a Residential High Occupancy Permit.
A. The City Manager shall issue the residential high occupancy permit when the required fees have been paid (or a fee waiver is granted), a copy of the lease agreement(s) have been provided where applicable, and the permit has been approved.
B. A residential high occupancy permit shall not be issued to a property with a pending code violation case.
C. The permit shall be valid for a twelve (12) month period, except that an increase or the number of vehicles in excess of that authorized under the permit shall require a new permit application and fees.
D. Once a permit is issued, the permittee shall apply for a renewal of the permit prior to the permit’s expiration. Such renewal shall require payment of the annual permit fee and may include an inspection of the single-family dwelling, at the discretion of the City Manager or his designee. (Ord. 09-10 § 2, 6/23/09)
23.50.060 Enforcement and Administrative Remedies.
A. Violations of this chapter are subject to the judicial and administrative enforcement remedies identified in this title.
B. Violations of this chapter may also result in the revocation of a previously approved residential high occupancy permit, in the event that two (2) or more code violations, within the last twelve (12) months, have been determined to exist either prior to or pursuant to the final adjudication of any of the enforcement remedies available under this title. (Ord. 09-10 § 2, 6/23/09)
23.50.070 Enforcement by Designees.
Wherever in this chapter enforcement authority is given to any City employee or officer, such authority may be exercised by designees of those officers and employees. (Ord. 09-10 § 2, 6/23/09)
23.50.080 Violations Punishable.
Except as otherwise provided by this chapter, violations of this chapter are punishable as set out in Sections 1.01.200 through 1.01.220. (Ord. 09-10 § 2, 6/23/09)